The rules of discipline. Courtsmartial. comitatus, except when called to do so in their military capacity by the Commander-in-Chief. Whenever a member of the organized militia of this State shall be summoned as a juror, or called upon for any poll tax, in order to entitle him to the exemption provided in this section, he shall be required to produce, to the County Clerk, Sheriff, or Constable, and to the Collector of any poll tax, a certificate of the commanding officer of his company, countersigned by the First Sergeant, that he is a member in good standing, fit for active service, and not in arrears for fines or dues, and that he has attended all the regular drill meetings of his company unless excused on account of sickness, or absence from the place of company rendezvous, for good cause, for three months next preceding the issuance of said certificate, and such certificate shall bear date within thirty days of its presentation. RULES OF DISCIPLINE. SEC. 45. The rules of discipline and regulations of the Army of the United States shall, so far as the same may be applicable, constitute the rules of discipline and regulations of the organized militia of this State; and the rules and articles of war established by Congress for the Army of the United States, shall be adopted, so far as they may be applicable, for the government of the militia of California in active service. COURTS-MARTIAL. SEC. 46. The Commander-in-Chief will appoint Courts-martial for the trial of general officers, and all officers of the staff of the Commander-in-Chief; the Major-General will appoint Courtsmartial for the trial of all staff officers of the division and brigades, and for the field and staff officers of battalions and regiments; and Brigadier-Generals will appoint Courts-martial for the trial of all Captains and commissioned officers under their rank in their respective brigades; the commanding officers of regiments and battalions will appoint Courts-martial for the trial of all non-commissioned officers, musicians, artificers, and privates, of their respective regiments and battalions. The commanding officer of a single company not forming a part of any battalion or regiment, shall have power to appoint Courtsmartial, the same as the commanding officer of a regiment or battalion. The officer appointing a Court-martial will revise the proceedings, and approve, or disapprove, the sentences of such Court-martial, and will direct the execution of such sentences, or mitigate the punishment, or pardon the person or persons convicted; but the person or persons, so sentenced, may apply to the Commander-in-Chief to revise the proceedings, and to disapprove them, or pardon the offence; in which case, the officer approving the sentence will transmit the proceedings in such case to the Commander-in-Chief, and the execution of the sentence shall be suspended until the proceedings shall be returned with the decision thereon. Courts-martial, appointed under the provisions of this Act, shall be organized in like manner, and be subject to the rules and regulations governing Courts-martial in the United States Army; they shall have the same power to compel the attendance of witnesses, when duly summoned by the Judge-Advocate, to preserve order in and about the Court-room during their session, and to punish contempt, as the Judges of the District Courts have, under the laws of this State. REMOVALS AND ABSENCE FROM THE STATE. absence. SEC. 47. Any commissioned officer of a brigade, or division, Removal or who shall remove his residence from the limits of his brigade, or division, will be deemed to have resigned his commission; and the Major-General, or any Brigadier-General, who shall absent himself from the State for more than three months, without the permission of the Commander-in-Chief, shall be deemed to have resigned his office. PAY AND ALLOWANCES OF MILITIA IN ACTIVE SERVICE. militia. SEC. 48. Whenever any of the militia of this State shall be Pay of called into active service for the space of more than one week, they shall receive the same pay and allowances as United' States troops serving in California. Any general or field officer being called into active service, such call shall be deemed to include all the officers of their respective staff. In case a division, or part of a division, is called into active service, the Commander-in-Chief shall be authorized to put upon active service one of his Aides-de-Camp. RETURN OF ARMS, ETC. of arms. SEC. 49. When the Commander-in-Chief shall order the re- Return turn to the State of any arms, equipments, military stores, or other military property, belonging to the State, such arms and military property shall be immediately delivered to the officers authorized in such order to receive it, he receipting for the same, and describing their condition in such receipts; and if the property mentioned in such order shall not be promptly delivered, as directed, the officer named in such order is hereby authorized to take immediate possession of the same, in the name of The People of the State; and any person resisting such officer in the performance of this duty, shall be deemed guilty of a misdemeanor, punishable by imprisonment for not more than six months in the county jail, and shall be subject to a fine not exceeding five hundred dollars, to be recovered by an action brought by the District Attorney, in the name of The People of the State, and be paid into the Treasury as a part of the General Fund. Auditors. SEC. 50. The Commander-in-Chief, Adjutant-General, and the Military Controller of State, shall constitute a State Board of Military Auditors. The Commander-in-Chief shall be President, and the Adjutant-General shall be Secretary, of said Board. SEC. 51. The Board of Military Auditors shall have a seal, Seal. an impression of which shall be deposited by the Secretary of To audit and allow. To keep blank commissions. To comply with Act. Counties composing the Board in the office of the State Treasurer, and be attached to all accounts audited by said Board. SEC. 52. It shall be the duty of said Board of Military Auditors to audit all reasonable expenses incurred by volunteer companies in the service of this Ŝtate, and officers attached to the same, and all other claims required under the provisions of this Act. It shall be the duty of the Controller of State to draw his warrants for the amount thus audited, and the Treasurer of State is hereby required to pay the same out of any moneys in the General Fund not otherwise appropriated. SEC. 53. The Adjutant-General shall, under the direction of the Governor, prepare and keep in his charge all blank military commissions, and such other blanks as may be required for the service. OFFICERS AND TROOPS ALREADY COMMISSIONED AND ORGANIZED. SEC. 54. All volunteer companies, battalions, and regiments, organized prior to the passage of this Act, shall be deemed to have been organized in compliance with its provisions, and to be entitled to its benefits; but such companies, battalions, and regiments, shall be required to comply with all the remaining provisions of this Act. SEC. 55. The organized and enrolled militia of this State shall the brigades be organized into one division and six brigades. The brigades. shall be as follows: First Brigade-San Diego, Los Angeles, San Bernardino, Santa Barbara, San Luis Obispo, and Monterey Counties; Second Brigade-Santa Cruz, Santa Clara, San Mateo, San Francisco, Alameda, Contra Costa, Marin, Sonoma, Solano, Napa, and Lake Counties; Third Brigade-San Joaquin, Mariposa, Tuolumne, Fresno, Stanislaus, Calaveras, Merced, Mono, Buena Vista, and Tulare Counties; Fourth Brigade-Sacramento, Yolo, Sutter, El Dorado, Amador, Placer, Nevada, Yuba, and Sierra Counties; Fifth Brigade-Butte, Plumas, Colusa, Tehama, Shasta, and Siskiyou Counties; Sixth Brigade-Mendocino, Humboldt, Trinity, Del Norte, and Klamath Counties. To attach SEC. 56. Any and all new counties, which may hereafter be new counties organized in this State, shall be attached to the respective brigade in which the larger portion of said new county is now located. Civil officers in certain cases may control troops. SEC. 57. Whenever any portion of the organized or enrolled militia shall have been called into active service, to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this State, or of the United States, it shall be competent for the Commander-in-Chief, or the General acting in his place, as provided in section thirty-nine, to place such troops under the temporary direction of the Mayor of any city, or the President of the Board of Supervisors of the Cities and Counties of Sacramento and San Francisco, or person acting in that capacity, of the Sheriff of any county, or of any Marshal of the United States. And if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon any mob or body of persons, assembled to break or resist the laws, such civil officer shall give a written order to that effect, to the superior officer present in the command, who will at once proceed to carry out the order, Same. of fines. SEC. 58. All fines, legally imposed by a Court-martial lawfully Collection constituted, after the proceedings and findings of said Court in the premises have been approved, as prescribed by this Act, shall be and the same are hereby made collectable by law. And any person failing to pay the same, shall be proceeded against by the District Attorney, in the name of The People of the State, as for ordinary debts, in any Court of competent jurisdiction of the county. And a copy of so much of the finding and approval as relates to imposition and approval of such fine, certified by the officer authorized by law to approve the same, shall be received as evidence in the case. And if judgment be obtained, it shall be collected as in ordinary cases, and shall be paid into the County Treasury, as belonging to the General Fund of the State, and to be accounted for as such. rules. SEC. 59. The Commander-in-Chief may, from time to time, To publish make and publish rules, regulations, and orders, for the government of the militia of this State, in accordance with the provisions and spirit of this Act. a name. SEC. 60. Any volunteer company may, on its organization, To adopt or thereafter, adopt a distinctive name, but shall be known by a particular letter, or number, in the battalion or regiment to which it belongs. to but one SEC. 61. No person shall be a member of two companies at Must belong the same time, and any member of a company who removes company. beyond the limits of the county, shall be considered as having been discharged from such company. SEC. 62. In the cases of military taxes and fines assessed and Minors. charged against a minor, the parent or guardian shall be held to pay. In case of minors who are orphans, the Commanderin-Chief shall have power to remit any military taxes or fines. SEC. 63. In the absence of any appropriate commander, the Absence next in rank in the command of troops, where not otherwise of officer. provided in this Act, shall succeed to his authority. SEC. 64. Every senior, in his appropriate command, shall Authority have authority to control the actions of his junior, in accord- of senior. ance with the principles of military subordination, under the laws and usages that govern the United States Army. Cashiered officers. Dismissal from service Granting of discharges. Resignations SEC. 65. Any officer cashiered by sentence of a Court-martial, shall be precluded thereby from holding any commission in the military service of the State, except the sentence be remitted by the Commander-in-Chief. SEC. 66. No non-commissioned officer, artificer, musician, or private, expelled from his company, or dismissed from service, for any disgraceful cause, shall be permitted to again enter any volunteer company, except the offence be pardoned by the Commander-in-Chief. SEC. 67. No officer, inferior in grade to a regimental or battalion Commander, shall have power to grant discharges to noncommissioned officers, artificers, musicians, or privates, in active service; but Commanders of companies of the organized militia, when not in active service, may issue certificates of service and discharges. All discharges shall be in writing, and shall set forth fully the cause of the discharge, and shall be signed by the officer granting the same. SEC. 68. Any officer resigning his commission shall do so in writing, and transmit the same, through his immediate commanding officer, who will make his indorsements thereon, and the resignation shall go into effect when accepted by the Commander-in-Chief, and not before. Vacancies of commissioned officers of organized companies and battalions, (not in active service,) caused by resignation, death, dismissal, or removals, or by the expiration of the term fixed by the rules and regulations of such company, or battalion, or by any other cause, shall be filled by election. Such elections of company and field officers Election of shall be presided over by an officer appointed for that purpose by the Brigadier-General; and such presiding officer shall report the result of such election to the officer appointing him, which report shall be transmitted to the Commander-in-Chief, who shall issue commissions in accordance therewith; provided, however, that when the same officer shall be re-elected, no new commission shall be issued, but the officer so re-elected shall continue to hold under his original commission. officers. Commission vacated. May disband any portion SEC. 69. The commission of any staff officer, whose term of office depends upon the pleasure of the officer by whom he is appointed, shall, when such officer is not on active service, be considered as vacated, upon the qualification of his successor, and shall be so noted upon the proper books, or rolls, kept in the office of the Adjutant-General of the State. SEC. 70. The Commander-in-Chief is authorized, at any time, of the militia by issuing his orders to that effect, to disband any portion of the organized volunteer forces, or of the enrolled militia, mustered into service, which may evince a mutinous, disorderly or disobedient spirit, and to deprive them of arms; a copy of which order shall be transmitted to the Clerk of the County Court or Courts of the county or counties in which such force was raised; after which, it shall be a misdemeanor in any person so disbanded to appear with State arms in his possession, or as any portion of the organized volunteer militia, or of the enrolled militia, in active service, until again drafted or regularly mustered into service, under the penalty of not less than ten nor more than one hundred dollars for each offence; and such person shall be proceeded against by the District Attorney, in the name of The |