and place, or does not furnish a reasonable excuse for such nonappearance, shall be liable to such punishment as a court-martial may determine.
Pay in active service. 4856. When paid. The militia of the State, both officers and enlisted men, when called into the service of the State, shall receive the same pay and rations as when called into the service of the United States: Provided, however, that when called in aid of the civil authorities to guard any jail or prisoners, or to quell riots, enlisted men shall receive in addition to said pay the sum of sixty (60) cents per day.
To be paid by county in which service is rendered. 4857. By whom paid. When the militia or any portion thereof shall be called into actual service, according to law, to serve any county of the State, or for guarding the jail of such county on account of prisoners from some other county being imprisoned in such jail, the County Commissioners of the county from which said prisoners may be or may have been taken shall audit the account of said militia, and draw a warrant upon the County Treasurer for the same, and the County Treasurer shall pay the same out of any county funds not otherwise appropriated.
Pay of officers when on duty. 4858. May be ordered on duty; pay. The Governor may, whenever the public service requires it, order upon special or regular duty any officer of the National Guard, and his expenses and compensation therefor shall be paid upon the approval of the Governor and warrant of the Auditor. Such compensation shall not exceed four dollars per diem. No staff officer who receives a salary as such shall be entitled to any additional compensation for any service Proviso: pay of inspector general. connected with his office: Provided, that the Inspector General shall be allowed the pay of his rank while engaged in the duties of his office.
II. Officers.
Officers appointed and commissioned by governor. 4859. How appointed and commissioned. All officers of the militia shall be appointed and commissioned by the commander in chief. Revocation of commission. He may revoke the commission of any officer at any time. When not in active service the officers of the active militia, below the rank of Brigadier General, Election and nomination of officers. shall be previously elected or nominated as provided by law.
Officers to qualify. 4860. To take and subscribe oath of office. Every commissioned officer of the militia, before entering upon his duties, shall take and subscribe before a justice of the peace, or other qualified officer, the oath prescribed by the Constitution, which shall at once be forwarded to the Adjutant General.
Officers to rank from date of commission. 4861. Rank according to date of commission. Commissioned officers shall take rank according to the date of their commissions. The day of appointment or election of an officer shall be expressed
