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Expiration of term.

Commissions.

Oath of office.

Assessor to enroll.

Certified copy.

Original list.
Brigade roll.

Copy.

Duty of

Major-General.

In case of war.

Duty of Com

SEC. 12.

He shall turn over, at the expiration of his term of office, to his successor, in good order, all ordnance, and ordnance stores, and all reports, returns, bonds, money and other effects belonging to his office.

Sec. 13. Except the Commander-in-Chief, all the officers hereby created shall be commissioned by the Governor, attested by the Quarter-Master and Adjutant-General, and shall take the oath of office prescribed by the Constitution, before some officer authorized by law to administer oaths; a copy of which shall be endorsed on each commission, and a notice of the execution of said oath shall be transmitted to the Quarter-Master and Adjutant-General, by the officer administering the same.

SEC. 14. The County Assessor of each and every county in this State shall at the same time in each year, when he prepares a roll containing the names of the taxable inhabitants of his county, enroll all persons resident of his county, who are not exempt by law, and who are not members of any Volunteer or Independent Company, upon a separate list; and on or before the first Monday of September in each year, shall transmit a copy of said list to the BrigadierGeneral of the Brigade to which his county belongs; certified upon oath or affirmation, that the said list is a full and complete return of the citizens of his county entitled to do military duty, and shall deposit the original list in the office of the Clerk of his county.

SEC. 15. It shall be the duty of the respective Brigadier-Generals, elected [appointed] under this Act, to prepare a military roll from the list or lists made up by the Assessors of the county or counties, composing his Brigade, and forward the original list to the office of the Quarter-Master and Adjutant-General, and a copy of the same duly certified to the Major-General of his Division, on or before the first day of October of each year, and keep an additional copy in his possession; and he shall perform such other duties as the laws of the State may require.

SEC. 16. It shall be the duty of the Major-General of each Division established under this Act, to prepare a muster-roll of the Militia of his Division, arranged in alphabetical order, and file the same in his office.

SEC. 17. In case of war, insurrection or rebellion, or the resistance of the execution of the laws of this State, or upon the call or requisition of the President of the United States, or upon the call of any officer of the United States Army, commanding a Division, Department or District, the Commander-in-Chief is authorized to call for mander-in-Chief such portion of the enrolled Militia of this State, by an order directed to any or all of the Major or Brigadier-Generals of Militia, as he in his discretion may deem necessary; and also to call upon any or all of the Volunteer or Independent Companies of the State, by an order directed to the commanding officer of each of said companies as he may decide to call into service, mentioning in each order the time and place of rendezvous, and the officer to whom they shall report.

Independent
Companies.

Order to be published.

SEC. 18. Whenever such order shall be issued by the Commanderin-Chief, the officer to whom the same shall be directed, shall immediately cause said order to be published in the newspapers of the county or counties from which said troops are to be drawn, or in some other manner he shall give publicity to the order, and unless the requisite number of men be supplied promptly by the volunteering of enrolled

militia.

Militia, or of persons subject under this Act to military duty, the said Draft from officer shall forthwith proceed to draft from the enrolled Militia of his Division or Brigade, as the case may be, the number of men called for by the said order of the Commander-in-Chief; he shall direct the persons so volunteering or drafted to rendezvous at some convenient point,

officers.

or as directed in the original order; he shall superintend, either in per- Election of son or by proxy, the election of company, battalion and regimental officers, as provided in the nineteenth section of this Act.

SEC. 19. Whenever the Commander-in-Chief calls into service any How elected. portion of the enrolled Militia of this State, the company, battalion and regimental officers of the same, shall be elected by ballot or division of the persons so called into service, a majority of the whole number being necessary to a choice; and the officers so elected shall be commissioned by the Commander-in-Chief; the same to be held until the said Duration of forces are disbanded by the order of the Commander-in-Chief; volunteer forces so called out shall continue their original organization.

SEC. 20. Any person when ordered out by the Commander-in- Failure to Chief, as provided by the foregoing sections, who shall refuse to appear. rendezvous and organize in person, or by a qualified substitute, shall

be subject to a fine not exceeding five hundred dollars, to be recov-Fine. ered by an action brought by the District Attorney, upon the certifi- How recovered. cate given him by the officer to whom the order calling men into service was issued, before any court of competent jurisdiction in the county from which said person was drafted.

SEC. 21. A company shall be composed of not less than forty, nor Composition more than eighty privates, and the number of officers and musicians of a company. as required in the regular service. Battalions and Regiments shall Battalions and be of the same standard as established in the United States Army.

regiments.

and pay.

SEC. 22. All troops called into service after the passage of this Term of service Act to repel invasions, or quell insurrections, or for any other purpose, requiring continued service for the space of more than one week, shall receive the pay of the United States troops serving in California, with ten per cent. on the same added thereto.

VOLUNTEERS OR INDEPENDENT COMPANIES.

of independent

County Judge.

SEC. 23. Whenever a sufficient number of persons, by the provi- Organization sions of this Act, citizens of any county of this State, subject to mili- companies. tary duty, shall subscribe to a call for the organization of a volunteer company, the County Judge of said county upon due application of the Duty of persons who have subscribed as above, shall appoint some suitable person, resident of the county, to open a book, in which he shall enter the names of the persons so volunteering, and shall fix a time and place of meeting for the purpose of organization, by giving ten days' notice thereof by publication in some newspaper, or by posting notices in at least three public places in the county.

SEC. 24. The person so appointed shall preside at said meeting Duty of person and organize the same; he shall superintend the election of officers of appointed. said company, which election shall be by ballot; he shall make out, after said election shall have been determined, certificates of election of the officers so elected, and transmit a certified copy of the proceedings of said meeting, together with a certificate of his appointment, and a copy of the notice of said meeting of organization to the Quarter-Master and Adjutant-General of this State.

Equipment

of companies.

Officers and privates.

Exception.

Government of companies.

Duty of

Orderly Sergeant

Organization.

Arms.

Bond.

SEC. 25. The volunteer or independent companies shall be armed and equipped in the same manner that similar corps are in the army of the United States, and shall consist of the following officers, noncommissioned officers and privates, viz: To each company of cavalry, one Captain, one 1st and two 2d Lieutenants, four Sergeants, four Corporals, one Saddler, one Farrier, one Trumpeter, and not less than forty, nor more than eighty Privates; to other companies, there shall be one Captain, one 1st and two 2d Lieutenants, four Sergeants, four Corporals, one Drummer, one Fifer, and not less than forty, nor more than eighty Privates, excepting light batteries, who shall be allowed one hundred active members each, and such officers as are allowed in the United States service.

SEC. 26. Volunteer companies may adopt a constitution, and form by-laws, rules and regulations, not inconsistent with the Constitution of the United States, or of this State, for the government of their members, and for their improvement in military science. It shall be the duty of the Acting Orderly-Sergeant of the company to keep a perfect and complete record of the constitution, by-laws, rules and regulations of his company, which shall be signed by the Captain, and countersigned by the Orderly-Sergeant; and said record shall at all times be subject to the inspection of any member of the company, and all military officers or persons interested therein.

SEC. 27. When any volunteer or independent company of cavalry, artillery, infantry or riflemen, shall become organized according to law, the commanding officer of said company may petition the Commander-in-Chief to furnish him for the use of his company, with such arms and accoutrements as may be required. He shall also forward to the Quarter-Master and Adjutant-General, a muster-roll of his company, setting forth the county, brigade and division to which his company belongs. He shall file a bond with the Quarter-Master and Adjutant-General, to the people of the State of California, in the penal sum of double the value of the arms, accoutrements, etc., 60 petitioned for, conditioned that he will safely keep, have in readiness for use, and return the same, if at any time required so to do, which Bond approved. bond shall be duly approved as to the sufficiency of the security by the County Judge of the county in which said company shall be organized.

Condition.

Duty of Commander-in-chief.

SEC. 28. The Commander-in-Chief, upon application being made to him as aforesaid, shall direct the Quarter-Master and AdjutantGeneral to issue such arms, accoutrements, appendages and ammunition, as are designated in the requisition, and to take receipts thereReceipt for arms. for, signed by the commanding officer of the company.

Muster rolls.

Object of roll.

Rank.

SEC. 29. It shall be the duty of each and every commanding officer of any volunteer or independent company in this State, on or before the first days of May and November of each year, to make out duplicate muster-rolls, setting forth the names and number of the members of his company, the officers in the order of their rank, and the privates in alphabetical order; a copy of which, duly certified, he shall transmit to the Quarter-Master and Adjutant-General, and file the original in the office of the County Clerk of his county; he shall, also, at the time of making out such muster-rolls, report the number and condition of the ordnance stores in his possession.

SEC. 30. All commissioned officers of volunteer or independent companies, shall take rank according to the date of their commissions;

T

and when two of the same grade be on an equal date, then their rank Rank determined shall be determined by lot. Officers of volunteer or independent comby lot. panies shall in all cases be deemed of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions.

SEC. 31. The Governor of the State shall be Commander in Chief Commanderof the Militia.

in-chief.

Power of

adier General.

SEC. 32. The Commander in Chief shall appoint a general Court Court Martial. Martial for the trial of all officers above the rank of field officers; the Major Generals, each in his own division, may appoint a general Court Martial for the trial of all field officers; the Brigadier Generals or com- Major General. mandants of regiments, each in his own brigade or regiment, may Power of Brigappoint a general Court Martial for the trial of captains and all commissioned officers under that rank; it shall be the duty of the officers appointing Courts Martial to approve or disapprove of the sentences of such Courts Martial, or to mitigate the punishment, or pardon the person or persons convicted, excepting when the offense is of a personal nature, in which case the sentence of the Courts Martial shall Court Martials. be conclusive; Courts Martial established under this Act, shall be organized in like manner, and be subject to the rules and regulations governing Courts Martial in the United States Army.

SEC. 33. The rules of discipline of the Militia of this State shall Discipline. be the same at all times as those established by Congress, for disciplining the regular troops of the United States.

SEC. 34. Every free white male inhabitant of this State, between Militia tax. the ages of eighteen and forty-five, not members of any volunteer company, shall be subject to pay an annual tax of twenty-five cents each for the support of the Volunteer Militia of this State.

Compensation.

SEC. 35. It shall be the duty of the Assessor of each county annu- Assessment. ally, at the time of assessing taxable property, to assess each and every person designated in the preceding section, the sum of twentyfive cents, which said sum shall be collected and returned in the same manner as other taxes are collected and returned. He shall be allowed for services required by this Act the sum of six cents for each and every person enrolled and assessed, to be paid by the Board How paid, of Supervisors of his county, upon the presentation of his account for the same duly certified by the Clerk and Treasurer of his county. He shall have power to question under oath, any person whom he may Power of believe liable to do military duty, but who denies the same, and if any person refuses to be sworn, the Assessor shall enroll his name and Refusing to assess him in the same manner as though he shall have admitted his liability.

Assessor.

be sworn.

SEC. 36. If any Assessor shall neglect or refuse to perform any Penalty. of the duties required of him by this Act, he shall forfeit and pay the sum of not less than fifty nor more than five hundred dollars, to be Fine-how recovered in the name of the Brigadier General of the brigade in recovered. which the said Assessor shall reside; and if any Assessor shall wilfully refuse or neglect to perform such duties as are hereby required, Further liability he shall be deemed guilty of a misdemeanor.

pay tax.

SEC. 37. If any person shall neglect or refuse to pay the commu- Refusal to tation tax as herein prescribed, and the Collector shall be unable to collect the same, it shall be the duty of the Collector to return the names of all such persons to the County Assessors, which returns shall be delivered to his successor in office, and the delinquent amount assessed in addition to the annual tax on the succeeding year.

Sinking Fund.

Compensation

of Collector.

SEC. 38. Upon the collection and return of the moneys collected by virtue of this Act, into the respective County Treasuries of this State, the County Treasurers thereof shall pay over the same to the Treasurer of State, in the same manner as required by law to pay over any and all moneys which shall come into their hands as County Treas urers for the use and benefit of the State; and the same shall be set apart and denominated the "Military Fund" of the State of California.

SEC. 39. The Collector shall receive upon the collections made under the provisions of this Act ten per centum of the amount collected; the same to be deducted at the time of settlement with the County Treasurer.

Board of Mil

BOARD OF MILITARY AUDITORS.

SEC. 40. The Commander in Chief, the Quarter-Master and Adjuitary Auditors, tant-General, and the Controller of State, shall constitute a State Board of Military Auditors. The Commander in Chief shall be President, and the Quarter-Master and Adjutant-General shall be Secretary of the said Board.

President and
Secretary.

Seal of Board.

Money-how paid.

Expenses

How paid.

Parade.

When held.

Order.

Review.

Inspector
Generai.

Inspection.

SEC. 41. The Board of Military Auditors shall procure a seal, an impression of which shall be deposited by the Secretary of the Board, in the office of the State Treasurer; and attached to all orders drawn upon the Military Fund.

SEC. 42. No money shall be paid out of the Military Fund of this State by the State Treasurer, except upon the order of the Board of Military Auditors, as provided in the forty-first section of this Act; said order shall specify, on its face, the objects for which such money is paid, and to whom, and the amount duly entered in a book to be kept by the Secretary of said Board of Military Auditors.

SEC. 43. It shall be the duty of said Board of Military Auditors to audit and pay all reasonable expenses incurred by volunteer companies in the service of this State, and officers attached to the same, and all other claims required under the provisions of this Act; and the Treasurer of State is hereby required to pay the same out of any moneys in the Military Fund.

SEC. 44. The Commander in Chief shall order a public parade of all the volunteer companies of this State, on at least two days of each year; such parade to be held within the limits of the brigade to which the companies belong respectively; such order shall be issued to commandants of companies, battalions or regiments, through the Brigadier Generals of the respective brigades of this State. The public parades, as directed by this Act, shall be reviewed by the Commander in Chief, or in his absence, by the Major General of the division, and the Quarter-Master and Adjutant-General of the State; or in the absence of all these, then by the officer holding the highest rank present.

SEC. 45. It shall be the duty of the Inspector General to attend each and every public parade of the volunteer troops of this State, as directed by this Act, unless otherwise officially employed; and make a minute inspection of the dress and general appearance of the field and commissioned staff, the arms, accoutrements and dress of each soldier. In the absence of the Inspector General the inspection shall be conducted by the Brigade Inspector to which said company

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