of the State, who shall, contrary to the lawful order of the proper officer, retain in his possession or control any military property of the State, shall be liable to an action to recover the possession thereof, and to pay a fine of not less than ten nor more than one hundred dollars, and shall also be deemed guilty of a misdemeanor.

SEC. 49. Organization Into Divisions, etc.-That the commander-in-chief shall organize and arrange the militia of the State and the districts thereof into divisions, brigades, regiments, battalions, troops batteries, and companies, as nearly in conformity with the laws of the United States as local circumstances and public convenience will permit; and he may alter, divide, annex, consolidate, or disband the same and the districts thereof, in his discretion, and retire any officers rendered supernumerary by such alteration, division, annexation, consideration, or disbandment.

SEC. 50. Rules and Regulations.-That the commander-in-chief may make such rules and regulations as he shall deem necessary and proper, to give full effect to the provisions of the Constitution and of this Act.

SEC. 51. Armorer, How Appointed, Salary.-That there shall be appointed by the Governor of this State a proper person to serve as armorer in the State arsenal, at New Orleans, whose duty it shall be to remain constantly therein, to keep in complete order the arms and equipments therein deposited, and who shall receive an annual salary of one thousand dollars ($1000).

SEC. 52. Repealing Clause.—That all existing laws concerning the militia of the State be and the same are hereby repealed.

Act 142, 1880, p. 204.

AN ACT relative to the militia of the State, and to fix the term of service therein, and in the Louisiana National Guard.

SECTION 1. Term of Service-Officers and Men.-That the period of four (4) years shall constitute the term of service of the militia and National Guard of the State of Louisiana; and every enlisted man, non-commissioned officer and officer thereof shall be bound to service for the period of four (4) years from the date of enrollment or commission, unless sooner discharged for cause, with the written approval of the commander-in-chief.

SEC. 2. Judge Advocate General.-There shall be nominated by the Governor, and with the advice and consent of the Senate appointed, a proper person, learned in the law, as Judge Advocate General, with the rank of Colonel, who shall, as such, exercise supervision, care and management of all things relating to the administration of justice among the military forces of the State.

SEC. 3. Commissioned Officers, How Appointed. That, hereafter, with the exception of the staff of the commander-in-chief, appointments of commissioned officers shall be made only to such commands as shall have been regularly organized and regularly reported, in writing, to, and accepted by, the Adjutant General.

SEC. 4.-Oath on Entering Service. That the following shall be the form of oath or affirmation to be administered to all persons on entering or being called into the service: "I, do solemnly swear that I will support the Constitution and laws of the United States, and the Constitution and laws of the State of Louisiana; that I will obey the orders of the Governor, as commanderin-chief of the military forces of the State, and of all other officers appointed over me, and that I will faithfully and impartially discharge and perform all the duties incumbent on me as a citizen soldier in the service of the State of Louisiana, according to the best of my ability and understanding. So help me God." And all officers on accepting commissions shall subcribe and file a copy of the same in the office of the Secretary of State.

SEC. 5. Elections to Fill Vacancies.-That elections of officers, to fill vacancies, shall be held only after notification of such vacancy to the Adjutant General, and the issuance of proper orders therefor; if relating to the National Guard, from the brigade commander, otherwise from the Adjutant General, specifying the time and place of holding such elections.

SEC. 6. List of Citizens Killed, etc., in Certain Wars.-That the Adjutant General shall caused to be collected and compiled written statements and lists of the names of all citizens of the State of Louisiana who were killed or

who died in the service of the various military commands, organized in this State, engaged in the war of 1812, the Mexican war and in the civil war, whether in the service of the State of Louisiana, the United States or of the late Confederate States, with such data incidental thereto, as far as can be ascertained, and cause the records of the same to be preserved in the office of the Adjutant General.

SEC. 7. Military Board, Powers and Duties.-The Adjutant General is hereby authorized and required, so often as the good of the service may need, to select and require a military board or commission of not less than three nor more than five officers, to sit at such places as he shall direct, which board is hereby invested with the powers of courts of inquiry and courts-martial; and it shall be the duty of the said board to examine into the physical ability, moral character, capacity, attainments, general fitness for the service and efficiency, of such commissioned officers, as the Adjutant General may order to be thus examined, and the commandants of divisions, brigades, regiments or battalions may report to the Adjutant General any of their subordinate commissioned officers for such examination. If the decision of said board be unfavorable to such officers and be approved by the commander-in-chief, they shall be discharged from the service; provided always, that the members of said board shall, before entering upon the duties of their position, be sworn to an honest and impartial performance of those duties, such oath to be taken by all the officers of said board; and provided further, that no officer, whose rank or promotion would in any way be affected by the decision of said board in any case that may come before it, shall participate in the examination or decision of the board in such case; and that at least two of its members shall be of equal rank with the officer to be examined, and that no officer shall be examined on irrelevant subjects, or in reference to military matters relating to a grade higher than that for which he is commissioned.

SEC. 8. Effect of Sentences.-That no officer whose commission shall have been vacated under the next preceding section shall be eligible for election to any military office for the period of one year, and his election shall be void; and in case the vacancy so created shall not within thirty days be filled by the election of some other and proper person, the commander-in-chief shall have power to fill such vacancy by appointment.

SEC. 9. Exemption from Jury Duty.-The active uniformed members of the Louisiana State National Guard, in this State, shall be exempt from jury duty; provided the member applying for such exemption shall have attended all reviews, parades and inspections, answered all calls for active service and been present at least two drills each month during the year preceding the date of the application, a certificate to that effect from his Company Commander attested under oath before a proper officer, shall be deemed requisite evidence that the member is entitled to exemption during his active membership. (As amended by Act 42, 1892, Sec. 1, p. 46.)

SEC. 10. Rank of Officers.-The Governor shall be the Commander in Chief of all the Militia, with the rank of Lieutenant General, and shall be entitled to the following staff officers: One Adjutant General, one Inspector General, one Quartermaster General, one Surgeon General, one Commissary General, one Chief of Ordinance, one Judge Advocate General, each with the rank of Brigadier General, and as many Aides de Camp with the rank of Colonel, Lieutenant Colonel and Major, as he may see fit to appoint. (As amended by Act 42, 1892, Sec. 2, p. 46.)

NAVAL BATTALION.

Act 61, 1894, p. 70.

AN ACT to establish a naval battalion to be attached to the "Louisiana State National Guard," in the parish of Orleans, and to amend Act No. 22, of the extra session of the General Assembly of 1878, approved March 30th, 1878, entitled an Act to enroll and organize the militia, etc.

Secs. 1, 2, 3 amended by Act 107, 1896, infra.

SEC. 4. That the organization of the Naval Militia shall conform generally to the provisions of the laws of the United States, and the system of discipline and exercise shall conform as nearly as may be to that of the Navy of the United

States as is now, or may hereafter be prescribed by Congress, and when not otherwise provided for, the government and command of the militia shall be controlled by the acts of the General Assembly relating to the militia and the Louisiana State National Guard.

SEC. 5. That when the government of the United States is ready to supply arms and equipments as well as a vessel of war and material and opportunities for naval instruction and drill, the Governor is hereby authorized to make the necessary arrangements to obtain said facilities for the Naval Battalion and carrying the provisions of this act into effect.

Act 107, 1896, p. 155.

AN ACT to amend and re-enact Sections 1, 2 and 3 of Act No. 61 of the session of the General Assembly of 1894, entitled: "An act to establish a naval Battallion to be attached to the Louisiana State National Guard in the parish of Orleans, and to amend Act No. 22 of the extra session of the General Assembly of 1878, etc.," approved July 5, 1894.

SECTION 1. In order that the organization of the naval battalion of Louisiana may conform to the recommendations of the Secretary of the Navy, be it enacted by the General Assembly of the State of Louisiana, that Section 1 of Act No. 61 of the session of 1894, approved July 5, 1894, be amended and reenacted to read as follows:

"Section 1. That there shall be allowed in addition to the companies of the uniformed organized militia, known as the Louisiana State National Guard, in the parish of Orleans, provided for in Sections 10, 11 and 12 of an act entitled, "An act to enroll and organize the militia: to organize, arm and equip a special militia force, to appropriate ten thousand dollars ($10.000) for arming, equipping and paying the same: approved March 30, 1878, not more than eight divisions of naval militia, which shall constitute a naval brigade, to be known as the Naval Brigade of the Louisiana State National Guard. The naval brigade shall be divided into two battalions, the second battalion to be formed when six of the eight divisions herein provided for have been organized and mustered into the service. Prior to that time the divisions of naval militia shall constitute a battalion to be known as the "First Naval Battalion Louisiana National Guard. " SEC. 2. That Section 2 of Act No. 61, approved July 5, 1894, be amended and re-enacted to read as follows: Section 2. That the naval brigade shall be commanded, by a captain, who shall be elected by the field and line officers of the two battalions composing the said naval brigade, and prior to the formation of the brigade. The First Naval Battalion shall be commanded by a commander, who shall be elected by the line officers of said first Naval Battalion. Each Battalion in the naval brigade shall be commanded by a lieutenant-commander, who shall be elected by the line officers of said battalions. Each division shall be commanded by a lieutenant, and shall contain one lieutenant (junior grade), one ensign, and not less than thirty-six nor more than sixty petty officers and men. SEC. 3. That Section 3 of Act No. 61 approved July 5, 1894, be amended and re-enacted to read as follows:

SEC. 3. That the staff of the naval brigade shall consist of, one commander, who shall be elected by the field and line officers of the two battalions composing said naval Brigade, who shall be the chief of staff and executive officer; one lieutenant, who shall be brigade adjutant and chief navigating officer; one lieutenant, who shall be chief signal, ordnance and equipment officer, who shall be elected by the line officers of the brigade, one paymaster, one surgeon, and one chief engineer, each with relative rank of lieutenant, one ensign who shall be signal officer, who shall be elected by the line officers of the brigade, and one ensign who shall be aid to the chief of brigade. Prior to the formation of the naval brigade, the staff of the First Naval Battalion shall be as follows:

One lieutenant commander, who shall be elected by the line officer of said First Naval Battalion, who shall be executive officer; one lieutenant, who shall be navigating, ordinance and equipment officer; one ensign who shall be signal officer, who shall be elected by the line officers of said First Naval Battalion, one surgeon, one engineer, and one paymaster, each with relative rank of lieutenant (junior grade), and one assistant surgeon with relative rank of ensign.

The staff of each battallion in the naval brigade shall consist of one lieutenant, who shall be battalion adjutant and executive offier, one lieutenant,

who shall be navigating, ordinance and equipment officer, who shall be elected by line officers of each battalion, one surgeon and one paymhster, each with relative rank of lieutenant (junior grade), and, one assistant surgeon with relative rank of ensign.

SEC. 4. That nothing in this act shall affect the First Naval Battalion Louisiana State National Guard already in existence, except as to such changes as may be necessary to make its organization conform to the provisions of this act, said First Naval Battalion being the battalion mentioned by that name in this

act.

SEC. 5. That the rank of officers commissioned in the naval militia is naval rank. When called into service the officers of the naval militia shall receive the same pay and allowances prescribed for the corresponding grades in the Louisiana State National Guard.

TRANSPORTATION OF TROOPS.

Act 105, 1888, p. 170.

AN ACT requiring all common carriers in this State to transport promptly and comfortably all State troops, together with their necessary arms, equipage and stores; to fix the charge for such transportation, and to provide a penalty for the violators of this act.

SECTION 1. That all common carriers in this State, be and they are hereby required to transport by all regular trains and steamers, promptly and comfortably in coaches, or cars, or boats, at a rate not exceeding one cent per mile per man, each way, going from and returning to their proper stations, all State troops, together with the necessary arms, equipage and stores for the field, whenever said troops are ordered by the government to move within the limits of this State, for the purpose of aiding the civil authorities in suppressing disorder or maintaining the laws, or for any other purpose, or when sent into camps of instruction and practice.

SEC. 2. That all common carriers in this State whose manager or managers shall wilfully or without good cause fail, neglect or refuse to furnish transportation as aforesaid, upon the presentation of an official copy of the order for the movement of State troops for the purposes named in section one of this act, shall be fined not less than ten nor more than twenty dollars per man for each day of such failure, neglect or refusal, to be recovered in any court of competent jurisdiction by a suit in the name of the State, to be brought by the attorney general or any district attorney.

SEC. 3. That the adjutant general is hereby authorized to warrant on the militia appropriation to pay for the transportation of troops under this act.

MINORS.

2316 to 2319. Emancipation of; decree; proceedings where either parent is living, ete. See R. C. C., Arts. 385 to 388 inclusive, 2320. Jurisdiction of parish courts over minors and others not

sui juris; parish courts abolished by Constitution 1879.

2321. Emancipated minors liable to arrest for debt. See C. P., Art. 211.

ADOPTION OF MINORS.

2322. Adoption Permitted.-Adoption, heretofore prohibited by the laws of Louisiana and now authorized by the new constitution, shall hereafter be permitted (Act 48, 1865, p. 130).

R. C. C., Art. 214.

Act 31, 1872, p. 79.

AN ACT providing the manner of adopting children.

SECTION 1. That any person above the age of twenty-one years shall have the right, by act to be passed before any parish recorder or notary public, to adopt any child under the age of twenty-one years; provided, that if such child shall have a parent or parents, or tutor, that the concurrence of such parent or parents or tutor shall be obtained, and as evidence thereof shall be required to sign said act.

Judicial sanction of the adoption is not necessary under this act, the object of it being to substitute a plainer and less expensive mode for that previously existing Suc. of Volmer, 40 An. 597.

2323. Proceedings-Petition to Court.-Any person or persons wishing to adopt a child shall petition the court to that effect; which petition shall state the name or names of the petitioner or petitioners, his, her or their residence or occupation, whether single or married, the name, age and sex of the child, the name of his or her tutor or guardian, whether he or she is an orphan or not, and the reasons for soliciting said adoption, and shall end by a prayer that the petitioner or petitioners be permitted to appear before a notary public to execute the act of adoption.

2324. Judgment-Reference to Notary.—The judge when satisfied that there is no objection to said adoption, shall grant the prayer of the petitioner or petitioners, and refer the parties to a notary public for the execution of the act.

2325. Consent of Tutor, etc.-The consent of the tutor or tutrix of the child, whose adoption is solicited, shall be required by the judge, and if the child be without a tutor, the court shall appoint to him a tutor ad hoc.

2326. Effect as to Forced Heirs.-Any person or persons, having legitimate issue, may be allowed to adopt any other child, provided that said adoption does not interfere with the rights of forced heirs (Act 17, 1867, p. 31).

The rights of the adopted child to the legitime can not be divested by will. Suc. of Hosmer, 37 An. 839.

A tutor may adopt his ward, but he is not thereby relieved from any obligation he assumed as tutor. He must, therefore, file his account as would an ordinary tutor, and his bondsmen remain liable as they were before the adoption. Suc. of Unforsake, 48 An. 546.

2327. Jurisdiction of Parish Courts. Const. 1879.

Courts abolished by

2328. Consent of Parents, When Necessary-When the person whose adoption is solicited is a minor, the consent of such person's surviving father or mother, or of both, if living, shall be required by the judge, and the said father and mother, or both, as the case may