Page:1862 Territory of Dakota Session Laws.pdf/411

394 zens of the United States, or persons having declared their intention to become such.

. 7. The active militia of this territory shall be composed of volunteer companies, raised by order of the commander-in-chief within the limits of this territory. The volunteer militia shall, in all cases of war, invasion, riot, or insurrection, be the first military force ordered into the field.

. 8. Volunteer companies shall consist of men between the ages of eighteen and forty-five: Provided, No minor shall be enrolled as a member of such volunteer company, without the consent of his parent or guardian.

. 9. Whenever, according to the provisions of this act, forty men shall be enrolled as members of a volunteer company of artillery, infantry, light-infantry, or rifle, or whenever thirty men shall be enrolled as members of a volunteer company of cavalry, such companies shall be officered by the commander-in-chief, as provided for in the third section of this act. No company shall be increased to more than one hundred members; and whenever a company becomes reduced to less than twenty members, it may be attached to another company or disbanded, by order of the commander-in-chief: Provided, That whenever twenty men shall be enrolled as members of a light artillery company, they may proceed as provided in this act (section 3). When two such light artillery companies are organized in any brigade, they may be formed into a battalion, under the command of a major and such subordinate officers as the commander-in-chief shall direct; and whenever three such companies of light artillery are organized in any brigade, they may be formed into a battalion, under the command of a lieutenant-colonel and major, with such subordinate officers as the commander-in-chief may direct; and, whenever five such light artillery companies exist in any one brigade, they may, by order of the commander-in-chief, be formed and organized into a regiment, with a full complement of regimental officers. All such companies, battalions, and regiments of light artillery, when organized, shall be armed and drilled as near as practicable in accordance with the system of the United States army, for like organization.