The state guard shall not be required to serve outside the boundaries of the state of New Hampshire except:
I. Upon the request of the governor of another state, the governor of this state may in his discretion order any portion or all of the state guard to assist the military or police forces of such other state who are actually engaged in defending such other state. The state guard may be recalled from such service by the governor at his discretion.
II. Any unit or detachment of the New Hampshire national guard when not in active federal service, or of the state guard, upon order of the adjutant general or the officer in immediate command thereof, of such unit or detachments, may continue in fresh pursuit of insurrectionists, saboteurs, enemies or enemy forces beyond the borders of this state into another state until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of the other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture such persons: Provided, such other state shall have given authority by law for such pursuit by the national guard or the state guard of this state. Any such person who shall be apprehended or captured in such other state by an organization, unit or detachment of such military forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.
Source. 1941, 46:11. RL 144:11.