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396 ing such company, or shall be discharged by the proper officer; and every such person, after the expiration of said term, and every commissioned officer, after serving a similar term in conformity with the provisions of this act, shall be entitled to a certificate of such service; and such certificate shall be given to all such persons under the rank of brigadier-general, by general of brigade, and, if there be no brigadier, by officers of any brigade in command; and the holders of such certificates shall be exempt from military duty in time of peace: Provided, That if any officer or person shall knowingly grant, issue, or use any illegal certificate under the provisions of this act, such officer or person shall be deemed guilty of misdemeanor, and subject to pay a penalty in amount not less than five nor more than fifty dollars for each offence, to be collected before any court having competent jurisdiction, and when collected, to be paid into the military fund in the county where the offence was committed.

. 13. Each volunteer company, organized under the provisions of this act, may adopt such constitution and by-laws as a majority of such company may approve, which shall be binding on all who sign the same; and when any fines are assessed, by reason of any infraction of such constitution and by-laws, such company may have process before any competent court of jurisdiction, in the name of the United States, for the use of such company, and prosecute to final judgment and execution all such fines and penalties, provided for by such constitution or by-laws: Provided, That said constitution and by-laws are not inconsistent with this act, or the constitution of the United States, or the organic act organizing the Territory of Dakota: Provided, also, That in no case will the territory pay any costs of such prosecution.

. 14. That all the military commissions issued, except the quartermaster-general, adjutant-general, paymaster-general, and aide-de-camp to the commander-in-chief shall expire in two years from the date thereof: Provided, That any officer holding a commission under the provisions of this act, who may be reappointed to the same office, shall retain the same rank as he was entitled to under his former commission: Provided, also, That nothing in this act shall be so construed as to disqualify any staff-officer or any officer of