growing as a shade tree, in any public highway, such person or persons shall be deemed guilty of a misdemeanor, and, on con- Penalty. viction thereof, shall be fined, in any sum not less than twenty dollars and not exceeding five hundred dollars, in the discretion of the Court.

SEC. 31. All fines collected under the provisions of this Act Fines. shall be paid into the County Treasury, for the use of the Road District in which the same was collected, and shall be subject to the order and control of the Board of Commissioners of such District.

SEC. 32. The Board of Supervisors of Placer County shall Road prophave power to levy a property tax, for road purposes, which erty tax. shall not exceed five cents on each one hundred dollars, to be levied and collected at the same time, and in the same manner, as other property taxes are collected; provided, that all moneys collected under the provisions of this section shall be paid into the County Treasury, and subject to the order of the Board of Commissioners, for the sole use of the particular District in which such moneys have been collected.

of office.

SEC. 33. The terms of office of the Commissioners elected Commissionunder this Act, shall commence on the first day of December, ers' terms A. D. eighteen hundred and sixty-two; provided, that when contracts have been entered into by the present Board of Commissioners, under existing laws, the Road Commissioner for any such District shall not enter upon the discharge of his duties under this Act, until the term of such contract is ended.

SEC. 34. In case a vacancy shall occur in the office of Road Commissioner in any District, the Board of Supervisors shall appoint some competent person to fill such vacancy for the balance of the unexpired term, and until his successor is elected and qualified; and such person shall in all cases comply with the provisions of this Act.

Vacancy.

to Auburn.

SEC. 35. The provisions of this Act shall not apply to the Act not Town of Auburn, except so far as they do not conflict with to apply the provisions of an Act passed at the thirteenth session of the Legislature, entitled an Act concerning Roads and Streets in the Town of Auburn, nor shall anything in this Act be construed so as to alter, amend, or repeal, any portions of said Act.

keep record.

SEC. 36. Each Road Commissioner shall keep a book, in Road Comwhich he shall record a full and complete account of all his missioners to doings as Commissioner, including a statement of the number of days, or parts of days, he himself has been engaged in his official duties, the character and kind of work done, the portion of the road or roads repaired, the number of persons employed, the length of time each has labored in making repairs, and the nature of such repairs, the quantity, cost, and place of using material, and generally a complete journal of all his official acts, from day to day; said book shall contain a full and minute account of all moneys drawn from the District Fund, and how by him expended; said book shall be kept at the residence or office of the Commissioner, and shall be open to the inspection of tax payers, residents within the District, at all reasonable times. At each regular session of the Board of Supervisors

the Commissioner shall, at the same time he presents his account, as required by this Act, also present, for the inspection of the Board, his said book.

SEC. 37. Any citizens and tax payers of a Road District may present a petition to the Board of Supervisors, showing that the Road Commissioner in their District has or does not discharge his duties impartially, and thereupon the Board shall take action thereon, and may make such order, or direction, to the Road Commissioner, as is necessary to insure impartiality in the performance of his official duties.

SEC. 38. All Acts, and parts of Acts, in conflict with the provisions of this Act, are hereby repealed, so far as the same relate to Placer County.

To issue commissions

Salary.

Appointments.

CHAP. CCXCVI.—An Act in relation to the Militia of the State.
[Approved April 24, 1862.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

COMMANDER-IN-CHIEF.

SECTION 1. The Governor, as Commander-in-Chief of the militia of the State, shall issue commissions to all officers appointed, or elected, under the provisions of this Act. The military staff of the Commander-in-Chief shall consist of one Adjutant-General, with the rank of Brigadier-General; six Aides-de-Camp, with the rank of Lieutenant-Colonel; one Chief Engineer; one Paymaster-General; one Judge-Advocate-General, and one Surgeon-General, each with the rank of Colonel.

ADJUTANT-GENERAL.

SEC. 2. The Adjutant-General shall be appointed by the Commander-in-Chief, by and with the advice and consent of the Senate, and shall hold his office for the term of two years. He shall be, ex officio, Chief of Staff, Quartermaster-General, CommissaryGeneral, Inspector-General, and Chief of Ordnance. He shall receive a salary of three thousand dollars annually, to be paid out of moneys appropriated for that purpose. He shall reside at the seat of government, and shall keep his office open, for the transaction of business, every day, (Sundays excepted,) from ten o'clock, A. M., to three o'clock, P. M.

OTHER OFFICERS OF GENERAL STAFF.

SEC. 3. Other officers of the general staff, and all other offi cers of the staff of the Commander-in-Chief, shall be appointed by the Governor, and shall continue in office for the same term as the Governor, or at his pleasure, except as hereinafter provided for officers called into active service.

citizens.

SEC. 4. There shall also be appointed by the Commander-in- Must be Chief, by and with the advice and consent of the Senate, one Major-General of Division, and one Brigadier-General to each brigade, who shall be citizens of the United States, and severally residents of the division or brigade for which they shall be appointed. They shall hold their offices for the term of four years, and until their successors are appointed and qualified.

STAFF OF DIVISION, BRIGADES, REGIMENTS, AND BATTALIONS.

SEC. 5. The staff of the Major-General of Division shall con- Staff officers sist of one Assistant Adjutant-General, with the rank of Lieutenant-Colonel; two Aides-de-Camp, with the rank of Major; one Engineer Officer; one Ordnance Officer; one Quartermaster; one Commissary; one Paymaster; one Division Inspector; one Judge-Advocate, and one Surgeon, with the rank of Lieutenant-Colonel; and four Staff Orderlies, with the rank of Sergeant-Major. The staff of the Adjutant-General shall consist of one Aide-de-Camp, with the rank of Captain. The staff of each General of Brigade shall consist of one Assistant AdjutantGeneral, with the rank of Major; one Aide-de-Camp, with the rank of Captain; one Engineer Officer; one Ordnance Officer; one Quartermaster; one Commissary; one Paymaster; one Brigade Inspector; one Judge-Advocate, and one Surgeon, with the rank of Major; and two Staff Orderlies, with the rank of Sergeant-Major. The staff of a Colonel of a regiment, and of a Lieutenant-Colonel, or a Major, commanding a battalion, as hereinafter provided, shall consist of one Adjutant and one Assistant Surgeon, each with the rank of First Lieutenant; and one Sergeant-Major, to be appointed by such commanding officer; the Adjutant being selected from the line, as in the United States Army.

HOW APPOINTED.

SEC. 6. The General of Division, the Generals of Brigade, How and the Adjutant-General, shall appoint the officers of their appointed. respective staffs, who must be residents of their respective division and brigades. Any officer of a regiment, battalion, or company, receiving and accepting any staff appointment, except that of Adjutant, shall be considered as ipso facto resigning his commission in such regiment, battalion, or company. All such staff officers will continue to hold their office until their successors shall have been appointed and commissioned, except as is herein otherwise provided for troops called into active service.

COMMISSIONS.

SEC. 7. All military officers appointed or elected under the Issuance of laws of this State, shall be commissioned by the Governor, and commissions each commission shall be countersigned by the Secretary of State, and attested by the Adjutant-General, or officer acting in his place, and the officer so commissioned shall take the oath of office prescribed by the Constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be indorsed on, or attached to, each commission, and a

certified copy of the same shall be made out by the officer administering it, and delivered to the officer taking it, and by him transmitted to the Adjutant-General, and the commission shall be deemed as taking effect on the day of the indorsement and transmission of the certificate of the oath, as herein provided. In case of promotion, the commission shall take effect from its date. Commissions shall run at the pleasure of the Commander-in-Chief, except as is herein otherwise provided.

DUTIES OF ADJUTANT-GENERAL.

SEC. 8. It shall be the duty of the Adjutant-General to take charge of, and to carefully guard and preserve, and to account for, all arms, accoutrements, ammunition, ordnance stores, and other military property belonging to this State, or granted to it by the Congress of the United States. He shall keep and file, in his office, all returns, reports, and military correspondence, made by him, in accordance with the provisions of this Act. He shall also keep an account of all moneys received and expended by him. The manner of keeping these accounts and papers, where not otherwise provided by law, shall be directed by the Commander-in-Chief, and they shall be always subject To report to to his inspection. He shall, on or before the second Monday in

Governor.

Form of report.

Bond of AdjutantGeneral.

December, of each year, make to the Governor, to be by him laid before the Legislature, a report of all the transactions of his department since his last annual report, containing

First-An account of all moneys received and expended. Second-An account of all arms, accoutrements, ammunition, ordnance stores, and military property of every description, belonging to the State, from what source received, to whom issued, or how expended, and by whose order.

Third-A statement of the present condition of all such property under his charge, and if any such property shall not be under his charge, he shall state in whose possession the same may be.

Fourth-The number, strength, and condition, of the organized militia, and the strength of the enrolled militia of the State. He shall also make and transmit an annual return of the militia of this State, pursuant to the requirements of the Act of Congress, of March second, eighteen hundred and three, to the President of the United States, a copy of which, duly certified, he shall lay before the Commander-in-Chief of this State. He shall also perform all other duties appertaining to his office, or which may be enjoined on him by law. He shall be the medium of military correspondence with the Commander-in-Chief.

BONDS.

SEC. 9. Before entering upon the duties of his office he shall give bonds, to The People of the State of California, with good and sufficient sureties, to be approved by the Governor, in the sum of twenty-five thousand dollars, conditioned that he shall faithfully perform all the duties enjoined on him by law. If at any time the Governor shall deem the sureties so given to be insufficient, he shall require the Adjutant-General to give new

sureties, to be approved by him; and if the Adjutant-General shall refuse or neglect to do so, the Governor shall suspend him from office, and immediately report his proceedings to the Senate, if the Legislature be in session, and if not, then at the beginning of the next session; and if the Senate approve such suspension, it shall be regarded as a removal from office, but if Suspension. the Senate disapprove of the suspension, the Adjutant-General shall resume the duties of his office. During the time of his suspension from office he shall receive no portion of his salary; but if such suspension be disapproved, he shall receive his back pay.

ADJUTANT-GENERAL AD INTERIM.

to appoint.

SEC. 10. During the suspension of the Adjutant-General from Governor office, or his absence, or inability, from any cause, to perform his duties, the Governor may appoint some competent person to perform the duties of Adjutant-General ad interim.

TO TURN OVER PROPERTY.

property.

SEC. 11. On the expiration of his term of office, the Adju- State tant-General, or the person performing his duties ad interim, shall turn over to his successor, in good order, all arms, ordnance, ordnance stores, and other property, belonging to the State, and all the books, papers, bonds, and money, in his charge, and pertaining to his office.

WHO SUBJECT TO MILITARY DUTY.

duty.

SEC. 12. Every able-bodied, white male inhabitant, of this Military State, between the ages of eighteen and forty-five years, not exempt by law, shall be subject to military duty, and shall be organized and enrolled as hereinafter directed.

SEC. 13. The following persons are exempted from military Exempts. duty and enrolment: All ministers of religion, having a license, or written evidence, according to the rules of their particular persuasion, or organization, that they are such ministers; all civil and military officers of the United States; all officers of foreign governments; all civil officers (including members of the Legislature,) of the State of California; all persons who have been wounded in the service of the State, or of the United States, and all persons exempted from military duty by the laws of the United States.

ENROLMENTS AND ASSESSMENTS.

Assessor.

SEC. 14. The District, or County, Assessor, of each and every Duty of revenue district, or county, in this State, shall, at the same time in each year, when he prepares a roll containing the taxable inhabitants of his district, or county, enroll all the inhabitants of his district, or county, subject to military duty, which list, or roll, shall be sworn to by him, and delivered to the Clerk of the Board of Supervisors, in the same manner, and at the same time, as is provided by law for the civil tax list, or assessment roll, and