printing, stationery, postage and expressage, shall also be allowed. § 162. Pensions.-Every member of the militia who shall be wounded or disabled while in the service of the state, in cases of riot, tumult, breach of the peace, resistance to process, invasion, insurrection, or imminent danger thereof, or whenever called upon in aid of the civil authorities, shall be taken care of and provided for at the expense of the state, and every such member who shall be wounded or disabled, or has been so disabled in the performance of any actual service of this state within ten years preceding the application for a pension under this act, in case of riots, tumults, breach of the peace, resistance to process, invasion, insurrection or imminent danger thereof, or whenever called upon in aid of the civil authorities, or while engaged in any lawfully ordered parade, drill, encampment or inspection, shall upon proof of the fact, as hereinafter provided, be placed on the roll of invalid pensioners of the state, and shall receive, out of any moneys in the treasury of the state, not otherwise appropriated, upon the audit of the adjutant-general and approval of the governor, the like pension or reward that persons under similar circumstances receive from the United States; and in case of any wound, injury, or disease causing death, then the widow or minor children of such member of the militia, shall receive such pension and reward, from the time of receiving the injuries on account of which such pension or reward is allowed. § 163. Proof required; striking from roll.-Before the name of any person is placed upon the roll under this article, proof shall be made under such regulations as the adjutant-general may from time to time prescribe, that the applicant is entitled to such pension. The adjutant-general with the approval of the governor, shall cause to be stricken from the pension-roll the name of any person, whenever it appears by satisfactory proof that such name was put upon such roll through false or fraudulent representations. The adjutant-general, with the approval of the governor, may increase or reduce, or withdraw any pension, according to right and justice and the practice in the United States pension office. § 164. Pension examiners and examining boards. The adju tant-general is authorized to appoint pension examiners, whose duty it shall be to inquire into the merits of any claim for pay and care and pension, whether pending or adjudicated, and any person so appointed shall have power to administer oaths, to orally examine witnesses, to issue subpoenas and to take affida vits and depositions in the course of such examinations. The adjutant-general shall further appoint examining boards, consisting of not more than three medical officers of the national guard or naval militia, who shall under his direction make such examination of claimants as he shall require, and certify the result in such form as he shall prescribe, and any person adversely affected by the report of one medical officer shall be entitled to an examination upon his request before a board consisting of three medical officers. § 165. Pay and care when injured or disabled in service.--A member of the national guard or naval militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of the peace, insurrection or invasion, or whenever ordered by the governor, commanding officer of the national guard, or the commanding officer of the naval militia, or called in aid of the civil authorities, receive any injury, or incur or contract any disability or disease, by reason of such duty or assembly therefor, or who shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive the pay provided by this chapter and actual necessary expenses for care and medical attendance. All claims arising under this section shall be inquired into by a board of three officers, at least one being a medical officer, to be appointed upon the application of the member claiming to be so incapacitated by the commanding officer of the naval militia or of the brigade to which such member is attached. Such board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so as is possessed by a general court-martial. The findings of the board shall be subject to the approval of the officer convening it, when the claim is payable by a county, and in all other cases to the approval of the commanding officer of the national guard or the commanding officer of the naval militia. The reviewing officer may return the proceeding of the board for revision and for taking further testimony. The amount found due such member by said board to the extent that its findings are approved by the reviewing officer thereof, shall be a charge am'd 1901 e314 S$ 171-175 Article XI. ARTICLE XI. PRIVILEGES, PROHIBITIONS AND PENALTIES. SECTION 171. Exemption from civil process. 172. Right of way in streets. 173. Free passage through toll-gates et cetera. 174. Exemption from jury duty. 175. Unlawful conversion of military property; unlawful wearing of uniforms and devices indicating rank. 176. Trespassers and disturbers to be placed in arrest; liquors and huckster sales prohibited. 177. Military parades by unauthorized bodies prohibited. 8171. Exemption from civil process.-No person belong. ing to the active militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. § 172. Right of way in streets.-The commanding officer of any portion of the active militia parading or performing any military duty in any street or highway may require any or all persons in such street or highway, to yield the right of way to such militia, provided the carriage of United States mails, the legitimate functions of the police, and the progress and operations of hospital ambulances, fire engines and fire departments shall not be interfered with thereby. § 173. Free passage through toll-gates, et cetera.-Any person belonging to the military forces of the state going to or returning from any parade, encampment, drill or meeting which he may be required by law to attend, shall, together with his conveyance and the military property of the state in his charge, be allowed to pass free through all toll-gates and over all toll bridges and ferries, if he is in uniform or presents an order for duty or certificate of membership in the active militia. § 174. Exemption from jury duty. Every member of the active militia shall be exempt from all jury duty, provided he shall furnish the certificate of his immediate commanding officer that he has performed the duties required of him for the year immediately preceding a summons to act as a juryman. And every such member who shall have received a full and honorable discharge, shall be exempt forever after from all jury duty. § 175. Unlawful conversion of military property; unlawful Privileges, Prohibitions and Penalties. SS 176-177 wearing of uniforms and devices indicating rank. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard or naval militia, or in any manner pawn or pledge any arms, uniforms, equipments, or other military or naval property, issued under the provisions of this chapter, and any person who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by general regulation, duly promulgated, prescribed for the use of the active militia or similar thereto; except members of the army and navy of the United States and the national guard and naval militia of this or any other state, officers of the independent military organizations so designated in section one hundred and seventy-seven of this chapter, members of associations wholly composed of soldiers honorably discharged from the service of the United States and members of the order of Sons of Veterans, shall be guilty of a misdemeanor and in addition thereto shall forfeit to the people of this state one hundred dollars for each offence, to be sued for in the name of the people by a judge-advocate. All money recovered by any action or proceeding under this section shall be paid to the adjutant-general who shall apply the same to the use of the active militia. § 176. Trespassers and disturbers to be placed in arrest; liquors and huckster sales prohibited. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. He may prohibit and prevent the sale or use of all spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, and all gambling within the limits of the post, camp ground, place of encampment, parade or drill under his command or within such limits not exceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisances all such sales. § 177. Military parades by unauthorized bodies prohibited. No body of men, other than the regularly organized corps of the national guard and militia and the troops of the United States |