ness has been subpoenaed and fails to attend, attachment shall issue and he shall be liable for the costs of such attachment, unless good cause be shown to the court why he failed to obey the subpoena, which costs may be recovered by civil suit in any court having jurisdiction of the amount involved.

FEES.

Sec. 110. Be it further enacted, etc., That no fees shall be allowed to a person as witness fees unless such person has been subpoenaed, attached and recognized as a witness in the case.

ARREST OF ACCUSED.

Sec. 111. Be it further enacted, etc., That when charges against any person in the military service of this State come before the Governor, or any officer authorized to order a court martial for the trial of such person, and the Governor or such officer believes that such charges can be sustained, and has reason to believe that the person so charged will not appear for trial, or intends to flee from justice, the Governor or such officer may issue a warrant of arrest to the sheriff or any constable of the parish in which the person so charged resides, or wherein he is supposed to be, commanding such sheriff or constable to take the body of the person so charged and confine him in jail until such time as his case may finally be disposed of; and it shall be the duty of the sheriff or constable, on the order of the Governor or officer ordering the court, to bring the person so charged before the court martial for trial, or to turn him over to whoever the order may direct; it shall be the duty of the Governor or the officer issuing the warrant of arrest to endorse thereon the amount of bail to be required, and it shall be a violation of duty on the part of the sheriff or constable to permit a person so committed to remain out of jail, except that he may, when such person desires it permit him to give bail in the sum indorsed on the warrant of arrest, conditioned for his reappearance from time to time, before such court martial as he may be ordered for trial, and until his case is finally disposed of, or until such time as he may surrender to the sheriff or constable as directed by the reviewing authority of the court martial before which he may be ordered for trial.

SUIT TO RECOVER BAIL.

Sec. 112. Be it further enacted, etc., That upon the failure of any person who has been admitted to bail conditioned for his appearance for trial before a court martial, or upon the failure of any person admitted to bail to appear as a witness in any case before a court martial, as conditioned in the bail bond of any such person, the court martial shall certify the fact of such failure to appear to the officer ordering the court martial, or the officer commanding for the time being, as the case may be, and it shall be the duty of such officer to cause the judge advocate or District Attorney of that jurisdiction to file suit in any court having jurisdiction of the amount involved.

RULES WHICH GOVERN GIVING BAIL, ETC.

Sec. 113. Be it further enacted, etc., That the rules laid down in the Code of Criminal Procedure of this State relating to the giving of bail, the amount of bail, the number of sureties, the persons who may be sureties, the property exempt from liability, the responsibility of parties to the same and all other rules of a federal nature not inconsistent with this act, are applicable to bail taken as provided by this act.

WARRANTS OF ARREST.

Sec. 114. Be it further enacted, etc., That a warrant of arrest issued by the Governor or other officer authorized to order a general court-martial and all subpoenas and other process issued by general courts martial shall extend to every part of the State, but warrants of arrest issued by an officer other than those named above, and all subpoenas and other process issued by other military courts can not be executed in any other parish than the one in which they were issued, except they be endorsed

by the Governor or an officer authorized to order a general court martial, in which case they can be executed anywhere in the State. The endorsement may be, "Let this process be executed in any parish of the State of Louisiana." The endorsement shall be dated and signed officially by the Governor or officer making it.

JUDGMENT COSTS.

Sec. 115. Be it further enacted, etc., That the judgment of every court martial shall direct that all costs incurred in any trial shall be paid by the defendant, and it shall be the duty of the officer ordering the court or the officer commanding for the time being, as the case may be, to enforce the collection thereof in the manner prescribed by this act; and when the defendant is imprisoned for costs as hereafter provided by this act, the Adjutant General shall pay said costs out of any funds which may be available.

FEES OF SHERIFFS, ETC.

Sec. 116. Be it further enacted, etc., That upon conviction of any person by a court martial the costs accruing for witnesses fees and the fees for sheriffs or constables for executing the process, subpoenas, writs of attachment, warrants of arrest or warrants of commitment, or any other authorized writ, and of the stenographer for taking and reducing the evidence to writing, shall be taxed against the defendant; and any sheriff or constable executing any process, subpoena, writ of attachment, warrant of arrest, warrant of commitment, or any other authorized writs, and the stenographer taking and reducing the evidence to writing, shall be allowed the same fees as provided by the laws of this State.

EXECUTION OF SENTENCE.

Sec. 117. Be it further enacted, etc., That when the sentence of a court martial adjudges confinement, and the reviewing authority has approved the same, in whole or in part, and such sentence as approved exceeds two years confinement, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the parish in which such court-martial was held directing such sheriff to take the body of the person so sentenced and confine him in the parish jail of such parish until a duly accredited agent of the State penitentiary shall take charge of such person for confinement in the State penitentiary; and it shall be the duty of such receiving authority or the commanding officer for the time being, as the case may be, to certify a copy of the proceedings as approved, of the court martial in the case of such person to be confined, to the superintendent of the State Penitentiary, which shall be sufficient authority for, and it shall be the duty of such superintendent to send for and confine such person in the State Penitentiary for the period named in the proceedings of the court martial as approved, or until he may be directed to release him by proper authority; and it shall be the duty of the State Penitentiary Board to make such provisions as may be necessary for receiving from the sheriff as aforesaid and confining such person in such manner as persons are received and confined in the State Penitentiary on sentence of district courts in this State.

SAME SUBJECT.

Sec. 118. Be it further enacted, etc., That when the sentence of a court martial adjudges confinement, and the reviewing authority has approved same, in whole or in part, and such sentence as approved does not exceed two years confinement, the reviewing authority or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the parish in which such court martial was held, directing such sheriff to take the body of the person so sentenced and confine him in the parish jail of such parish for the period named in such sentence as approved, or until he may be directed to release him by proper authority, and such confinement shall be carried out as prescribed

for confinement in the parish jail by the law of this State for criminal offenses.

FAILURE TO PAY FINE AND COSTS.

Sec. 119. Be it further enacted, etc., That when the sentence of a court martial adjudges a fine and costs against any person, and such fine and cost has not been fully paid within ten days after the confirmation thereof, the Governor or officer ordering the court, or the officer commanding for the time being, as the case may be, shall issue a warrant of commitment directed to the sheriff of the parish in which the court martial was held, directing him to take the body of the person so convicted and confine him in the parish jail; and it shall be the duty of the sheriff to take the body of the person convicted and confine him in the parish jail for one day for any fine not exceeding one dollar, and one additional day for every dollar above the sum, and one additional day for each dollar of cost.

PAYMENT OF FINES, ETC.

Sec. 120. Be it further enacted, etc., That all fines and forfeitures imposed by general or regimental court-martial shall be paid to the officer ordering such courts, or to the officer commanding for the time being, and by the said officer within five days from the receipt thereof paid to the Adjutant General, who shall disburse the same as he may see fit for military purposes.

SAME SUBJECT.

Sec. 121. Be it further enacted, etc., That all fines and forfeitures imposed by summary courts martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five days from the receipt thereof, placed to the credit of the company fund of the company of which the person fined was a member when the fine was imposed.

EXECUTING PROCESS, ETC.

Sec. 122. Be it further enacted, etc., That when any lawful process, issued by the proper officer of any court martial, comes to the hands of any sheriff or constable, he shall perform the usual duties of such officer and perform all acts and duties by this act imposed or authorized to be performed by any sheriff or constable.

FAILURE TO EXECUTE PROCESS.

Sec. 123. Be it further enacted, etc., That any sheriff or constable who refuses or neglects to perform any duty imposed upon him by this act, or to execute any lawful process which shall have been issued by the Governor or proper officer of a court martial shall, upon conviction thereof, in the district court, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and may, in the discretion of the court, be imprisoned in the parish jail not exceeding one year.

REFUSAL OF DISTRICT ATTORNEY TO PERFORM DUTY.

Sec. 124. Be it further enacted, etc., That any District Attorney who refuses to perform any duty imposed upon him by this act, shall upon conviction thereof, in the district court, be deemed guilty of a misdemeanor, and shall be fined not more than five hundred dollars, and may, in the discretion of the court, be imprisoned in the Parish jail not exceeding one year.

FRAUDULENTLY MARKING "EXEMPT."

Sec. 125. Be it further enacted, etc., That any Clerk of Court who marks "Exempt" any person enrolled as liable to military duty, whom he knows not to be exempt, shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined not more than five hundred dollars, and may, in the discretion of the court, be imprisoned in the parish jail not exceeding one year.

JURISDICTION OF COURTS.

Sec. 126. Be it further enacted, etc., That the jurisdiction of the courts and boards established by this act shall be presumed, and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding..

IMMUNITY OF MEMBERS OF COURT MARTIAL.

Sec. 127. Be it further enacted, etc., That no action or proceeding shall be prosecuted or maintained against a member of the military forces of this State or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence, or the imposition or collection of any fine or penalty, or the execution of any warrant, writ, execution, process, or mandate of a military court.

REMOVAL OF VENUE.

Sec. 128. Be it further enacted, etc., That any officer or member of the military forces of this State, who is indicted or sued for any injury to person or property done while performing or endeavoring to perform any duty required of him by this act, shall have the right, and it is hereby made the duty of the court in which such indictment or suit is pending, upon the application of the person so indicted or sued, to remove the venue of such cause to some court of competent jurisdiction in another parish not subject to the same or some other disqualification; provided such application is supported by the affidavit of two credible persons to the effect that they have good reason to believe that the defendant can not have a fair and impartial trial before such court.

NAVAL MILITIA.

Sec. 129. Be it further enacted, etc., That the organizations forming the Naval Militia of this date, such others as may be organized hereafter, and such persons as may be enlisted or as may be appointed or commissioned therein, shall constitute the Naval Militia of this State.

REORGANIZATION BY COMMANDER-IN-CHIEF.

Sec. 130. Be it further enacted, etc., That the commander-in-chief may organize forces prescribed in the preceding section as he may deem proper; and when in his judgment the efficiency of the naval militia will be increased thereby, he may alter, re-organize, or disband any or all of the organizations therein; and he shall have the power at any time to change the organization of the Naval Militia so as to conform to any organization, system of drill or instruction which may be adopted for the navy of the United States, and to increase and decrease for that purpose the number of officers, warrant officers, chief petty officers, petty officers and enlisted men, and to change their grades, titles and designations.

The system of administration, drill and instruction of the naval militia shall conform, as nearly as practicable, to that of the Navy of the United States; and the discipline and government thereof, when not otherwise prescribed, shall be according to the laws and regulations now or hereafter governing the National Guard. No part of the Naval Militia shall be attached to any organization of the National Guard, except when especially ordered by the Governor, in which case the senior officer present shall command the whole.

RELATIVE RANK NATIONAL GUARD AND NAVAL MILITIA.

Sec. 131. Be it further enacted, etc., That the relative rank between officers of the National Guard organizations and of the Naval Militia shall be the same as that now or hereafter existing between officers of the army and navy of the United States; and the relative rank of petty officers in the Naval Militia and non-commissioned officers, in the National Guard organizations will be as prescribed by the Governor; seamen, shall correspond to privates of infantry.

PAY OF OFFICERS, ETC.

Sec. 132. Be it further enacted, etc., That the pay of officers and petty officers of the Naval Militia shall be the same as that of officers and non-commissioned officers of the same relative rank in the National Guard; and seamen shall receive the pay of privates of infantry. RANK OF COMMISSIONED OFFICERS IN THE NAVAL MILITIA.

Sec. 133. Be it further enacted, etc., That commissioned officers of the Naval Militia shall have the same authority, rights, privileges and qualifications, grade for grade, as commissioned officers of the National Guard, and if not otherwise prescribed, shall be elected or appointed in the same manner; but the board of examination, in the case of election or appointment of an officer of the Naval Militia, shall consist of officers of the Naval Militia, but whenever the Goveror shall have the authority to appoint commissioned officers of the National Guard he shall have the power to appoint commissioned officers of the Naval Militia in like

manner.

REPEALING CLAUSE.

Sec. 134. Be it further enacted, etc., That all laws and parts of laws in conflict with the provisions of this act, especially Act No. 181 of the General Assembly of Louisiana, approved July 6, 1904, and all acts amendatory thereof, be and the same are hereby repealed.

Note. Applicant for writ of Habeas Corpus was condemned to pay a fine of two dollars and in default of payment to be imprisoned for two days in the parish jail under Section 119. Held that the court was without jurisdiction and the order heretofore issued was recalled. State vs. Stettson, 133 L. 601. Enlistment in the active militia of the State-save in times of war or public danger or disturbance--is voluntary, and constitutes a contract. The State has no power, by repealing the law under which the contract was made, and substituting another law, to impose upon the other party more onerous conditions and obligations, without his consent. The original act was the measure of the rights and obligations of the parties. State to establish militia-courts martial, etc. State ex rel Lanng vs. Long 136 L. 1. Power of The criminal District Court for the parish of Orleans has plenary power to issue the writ of Habeas Corpus." The authority is not restricted to cases of which it has appellate jurisdiction. State ex rel Fleddermann vs. Long, 138 L. 8.

The question whether a proclamation of martial law, within the limits of a certain parish, ipso facto divests the functions of a district judge, becomes a moot question where the Governor and ex officio commander in chief of the State Troops, formally requests such judge to hold court and discharge the duties of his office. Barataria Land Co. vs. Louisiana Meadows Co. 188 L. 428.

ADDITIONAL MILITARY FORCES WHILE UNITED

TITLE.

STATES IS AT WAR.

Act 8, E. S. 1917, p. 12.

AN ACT to provide for the raising, organization, equipment, discipline and pay of additional military forces to serve within the limits of the State of Louisiana, while the United States is at war, and to provide for the expenses thereof, and to make an appropriation for the purposes of this Act.

ADDITIONAL MILITARY FORCES.

Section 1. Be it enacted by the General Assembly of the State of Louisiana, While the United States is at war, the Governor shall have the power to raise, organize and equip such additional military forces as he may deem necessary to repel invasion, suppress insurrection, riot, or tumult, maintain order and enforce the laws.

HOME GUARDS.

Sec. 2. Such forces shall be designated as the "Home Guards of Louisiana" and shall be composed of such men of the reserve militia as shall volunteer for service therein, men up to sixty years of age, if physically fit, may be received in such forces.