Page:United States Statutes at Large Volume 25.djvu/822

 FIFTIETH CONGRESS. Sess. II. Ch. 328. 1889.777 eral. All money received on account of loss or damages shall be paid in the Treasury of the United States, and shall be accounted for by the commanding general in his returns to the Secretary of War. X SEC 34. That any officer or soldier who shall sell, dispose of pawn _ rumshmeutror seuor pledge, willfully destroy_or injure, or retain after proper demand QD,$g[”°" pubm p"’*" made, andy public property issued under the rovisions of this act, shall be eemed guilty of a misdemeanor, andp shall be punished by imprisonment for not exceeding two months, or by a fine not exceeding one hundred dollars, or by both; and it is hereby made the duty of the judge of the police court of the District of Columbia, upon in- * formation filed or complaint, made under oath, to issue process for the arrest of the offender, and to cause him to be brought before the police court to be dealt with according to the provisions of this secion. Sec. 35. That until an officer, or his legal representative shall have Liability or Omem. received notice that the property accounts of such officer have been examined and found correct. the liability of such officer, or of his estate, for public property for which he is or may have been responsible shall be in no way afected by resignation, discharge, change in official position, or death. Upon the death or desertion of an officer responsible for public property his immediate commander shall at once cause the property for which such officer was responsible to be collected, and a correct inventory made by actual count and examination; which inventory shall be forwarded to the commanding general. in order that any deficiency may be made good from the estate of the deceased or deserting officer; compensation for such depciency may be recovered in the manner provided in section thirty- our. Sec. 36. That property issued or provided under the provisions of l_Q¤¤¤rvi¤¤¤b1¤pr¤p· this act which becomes unfit for use, and is condemned as unservice- ° y` able shall be reported by the commanding general to the Secretary of War, and shall be disposed of as may be directed by him. Sec. 37. That any organization of the active militia may, with the fO}}1;;¢i¤<>¢iv•= uniapproval of the commanding general, and at its own expense, adopt ` any other uniform than that issued to it; but such uniform shall not be worn whe11 such organization is on duty under the orders of the commanding general except by his permission. ' SEC, 38, That organizations of the National Guard shall have the SO}]*;f{hE_0*_f;1_€\*‘¤ l>¢¤‘· right to own and keep personal property, which shall belong to and P l' ° ` be under the control of the active members thereof; and the commanding officer of any organization may recover for its use any debts or effects belonging to it, or damages for injury to such property; action for such recovery to be brought, in the name of such command- Actions mr mjmtg ing officer. before any justice of the peace, with the right of appeal ‘°· to the supreme court of the District of Columbia, or before the supreme court of the District of Columbia; and no suit or complaint pending in his name shall be abated by his ceasing to be commanding officer of the organization; but, upon the motion_of the commander succeeding him. such commam er shall be admitted to prosecute the suit or complaint in like manner and with like eifect as if it had been originally commenced by him. _ _ _ Sec. 39. That the quartermaster-general of the militia shall pro- grmoneszobepm vide, by rental or otherwise. such armories for the National Guard “ "d· as nmvv be allowed and directed by the commanding general. He shall also irovide each organization with such lockers, closets. g`LlD— racks, and cases or desks, as may be necessary for the care. preservation. and safe-keeping of the arms, equipments, uniforms, records, and other military property in their possession. He shall also provide suitable rooms for the offices of the commanding general and staff. for the keeping of books. the transaction of business. and the instruction of officers, and also suitable places for the storage and safe—keeping of public property..