Each militia district organized or changed must contain within its limits at least 200 persons 18 years of age or over who are residents at the time of the organization of the district and, in its formation, must not leave any older district with less than 200 such persons.
(Orig. Code 1863, § 455; Code 1868, § 517; Code 1873, § 483; Code 1882, § 483; Civil Code 1895, § 332; Civil Code 1910, § 375; Code 1933, § 23-203; Ga. L. 1982, p. 825, § 1.)
Cross references.- Composition of unorganized militia of the state, § 38-2-3.
JUDICIAL DECISIONS
O.C.G.A.
§ 36-2-2 is mandatory. - Proceeding which seeks to create a new district, but leaves an old district with less than the required number of male persons subject to militia duty, is repugnant to this section. Johnson v. Chappell, 198 Ga. 162, 30 S.E.2d 909 (1944).
Order void when existing district left understrength.
- Order, by the proper county authority, approving a report of the commissioners appointed to lay out and establish a new militia district, is void since, by the establishment of the new district, an existing district is left with less than the required number of persons liable to militia duty. Johnson v. Chappell, 198 Ga. 162, 30 S.E.2d 909 (1944).
OPINIONS OF THE ATTORNEY GENERAL
The 1982 amendment to O.C.G.A. § 36-2-2 does not require that any militia district boundaries be changed; any changes are to be initiated by the board of county commissioners in counties where the board is vested with this power by local law. 1982 Op. Att'y Gen. No. 82-94.
RESEARCH REFERENCES
ALR.
- Enlistment or mustering of minors into military service, 140 A.L.R. 1508.