Page:1862 Territory of Dakota Session Laws.pdf/414

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CHAP. LX.]
MILITIA.
397

the line from holding a commission after he may have arrived at the age of forty-five years: and further Provided, That every officer who shall remove out of the bounds of his command, or who shall be absent from his command without leave of the commanding officer of his brigade, shall be considered as having vacated his office, and a new appointment shall be made without delay, to fill the vacancy so created: Provided, That nothing in this act shall be (so) construed or understood as to prevent any appointed officer from being removed from his office whenever, in the opinion of the officer appointing him, he shall deem it advisable to remove him.

Sect. 15. There shall be held, once in each year, a brigade muster and encampment of all the volunteer militia in the territory, commencing at ten o'clock, A.M., and continuing not more than four nor less than two days. Said muster and encampment shall be held at the most suitable place, to be selected by the commandant of brigade, and the officers and soldiers forming such encampment shall be drilled in accordance with the requirements of the rules and usages of the United States army: and the commandant of the brigade shall give thirty days' public notice of the time and place of such muster, which shall be held in the month of July, August, or September.

Sect. 16. All officers appointed according to the provisions of this act shall be entitled to a certificate from the officer making such appointment, which certificate and taking the necessary oath shall entitle such officer to command, and to perform such other duties as may pertain to the office to which he is appointed, until the commission can be procured; and in all cases, the officers giving such certificate shall administer to such officer the necessary oath of office, and indorse the same upon the back of his certificate with the day and date on which such oath was administered: Provided, also, That every staff-officer who may be appointed shall also be entitled to a certificate in like manner.

Sect. 17. For good cause shown, the commander-in-chief of may accept the resignation of brigadier-generals, and the brigadier-general may accept the resignation of colonels, or the commandants of regiments, lieutenant-colonels, majors, captains, and lieutenants; and for good cause shown, the