TITLE IV. [The provisions heretofore comprising this title consisted of six chapters, embracing §§ 1895-2117. The entire title was sought to be reformed by the last legislature, which, by two acts of March 18, 1905 (Stats. and Amdts. pp. 258-294), especially repealed chapters I and II of this title, and enacted new chapters I and II in the place and stead thereof; but neglected to make any mention of chapters III, IV, V, and VI, although chapter II, as re-enacted, covers the whole ground and regulates the matters contained in those chapters. There is no repealing clause in either act, and their titles confine the repeal and re-enactments to chapters I and II, respectively. The evident design of the legislature being to reform and re-enact the whole title, chapters III, IV, V, and VI are thought to be repealed by implication, and are for that reason omitted.] STATE MILITIA. Chapter I. Enrolled Militia, §§ 1895-1924. [Section 1. CHAPTER I. Chapter I of title IV of the Political Code of California is hereby repealed and there is hereby substituted to take the place thereof in such code a new chapter I to read as follows: Sec. 2. The provisions of this chapter shall be in force and effect from and after its passage and approval.-Act March 18, 1905, Stats. and Amdts. 1905, pp. 285-294.] ENROLLED MILITIA. § 1895. Who are subject to military duty. § 1896. Who are exempt from military duty. § 1897. § 1898. § 1899. § 1900. § 1901. § 1902. Assessor to enroll persons subject to military duty. Board of equalization to correct the roll. Duplicate copy forwarded to brigadier-general. Muster-roll to be made by brigadier-general. § 1903. Special enrolment. § 1904. Notice of enrolment. Exemption claims. $ 1905. § 1906. § 1907. § 1908. § 1909. Examination of assessment-rolls and poll-lists. Commander-in-chief. Staff of commander-in-chief. Militia, when and by whom it may be called into active service. § 1910. Drafts or volunteers from militia. § 1911. § 1912. § 1913. § 1914. § 1915. § 1916. § 1917. § 1918. § 1919. $ 1920. § 1921. § 1922. § 1923. § 1924. Persons drafted to rendezvous. Refusing to rendezvous, penalty for. Substitutes. Organization of reserve militia when ordered out. Commission of officers called into active service. Occasions when the articles of war of the United States Laws, rules, and regulations of the United States army. Armed force to obey orders of whom. Relief from civil or criminal liability. Official bond [of the adjutant-general]. § 1895. WHO ARE SUBJECT TO MILITARY DUTY. Every able-bodied male citizen of this state, except Mongolians and Indians, between the ages of eighteen and forty-five years, not exempt by law, is subject to military duty. But no alien is obliged to serve or bear arms against the state to which his allegiance is due. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285. In effect immediately. As to prohibiting quartering of soldiers on citizens in time of peace, see Const. 1879 art. I § 12, Hen. G. L., p. lxvi. As to prohibition of standing army in time of peace, See Const. 1879 art. I § 12, Hen. G. L., p. lxvi. As to supremacy of civil power over the military, see Const. 1879 art. I § 12, Hen. G. L., p. lxvi. § 1896. WHO ARE EXEMPT FROM MILITARY DUTY. The following persons are exempt from military duty and enrolment: 1. Ministers of religion. 2. Civil and military officers of the United States. 3. Officers of foreign governments. 4. Civil officers of the state of California. 5. Members of any regularly organized fire or police department in any city, city and county, village or town, 6. All persons exempted from military duty by the laws of the United States. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285. In effect immediately. § 1897. ASSESSOR TO ENROLL PERSONS SUBJECT TO MILITARY DUTY. The county assessor of each county in this state must, 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 thereof subject to military duty, two copies of which roll must be sworn to by him, and delivered to the clerk of the board of supervisors at the same time he delivers the assessment-roll. In the city and county of San Francisco the tax-collector must perform the duties by this section imposed upon assessors. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 285. In effect immediately. § 1898. PENALTY FOR DERELICTION AS TO ENROLMENT. If any assessor, or the tax-collector of the city and county of San Francisco, neglects or refuses to perform any of the duties required of him by this chapter, he is subject to the same liabilities as are provided by law for a neglect or refusal to perform any of the duties required of him in the assessment of taxes, and, in addition, forfeits not less than three hundred, nor more than one thousand, dollars, to be sued for in the name of the people of the state, by the district attorney for the respective counties and when recovered to be paid into the military fund of the state. If the clerk of the board of equalization neglects or refuses to deliver to the brigadier-general of the brigade to which his county belongs a copy of the military assessment-roll, as directed in this chapter, he forfeits not less than three hun dred, nor more than five hundred dollars, to be sued for, recovered, and disposed of in the same manner. History: Enacted March 18, 1905, Stats. and Amdts. 1905, pp. 285-286. In effect immediately. § 1899. BOARD OF EQUALIZATION TO CORRECT THE ROLL. The board of equalization must correct the roll at the same time and in the same manner as is prescribed by law for the correction of the assessment-roll. History: Enacted March 18, 1905, Stats. and Amdts. 1965, p. 286. In effect immediately. § 1900. DUPLICATE COPY FORWARDED TO BRIGADIER-GENERAL. The clerk of the board of supervisors must deliver to the brigadier-general of the brigade to which his county belongs a copy of such roll, certified by him, within ten days after the board of equalization have completed their corrections. History: Enacted March 18, 1905, Stats. and Amdts. 1905. p. 286. In effect immediately. § 1901. COMPENSATION OF ASSESSORS. The compensation of assessors for making out the military roll must be determined by the board of supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the assessor as subject to military duty. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286. In effect immediately. 148 C. 246, 249, 82 P. 1050 (cited-what constitutes compensation of assessor). § 1902. MUSTER-ROLL TO BE MADE BY BRIGADIERGENERAL. Each brigadier-general must, on the first Monday in October of each year, make from the rolls received by him a muster-roll, showing the number of persons within the limits of his command subject to military duty, the original of which, signed by him, must be filed in his office, and a copy thereof transmitted at once to the adjutant-general. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286. In effect immediately. § 1903. SPECIAL ENROLMENT. Whenever the governor shall deem it necessary, he may order an enrolment, to be made by officers designated by him of all persons liable to serve in the militia. Such enrolment shall state the name, residence, age, and occupation of the persons enrolled, and their previous or existing military or naval service. Two copies shall be made thereof, one shall be filed in the office of the clerk of the county or city and county in which the enrolment is made, and the original in the office of the adjutant-general. If the commander-in-chief so directs, such enrolment shall show separately all the seafaring men of whatever calling or occupation, all men engaged in the navigation of the rivers, lakes, and other waters of the state, or in the construction and management of ships and crafts, together with ship-owners and their employees, yacht-owners, members of yacht clubs, and all other associations for aquatic pursuits. History: Enacted March 18, 1905, Stats. and Amdts. 1905, p. 286. In effect immediately. § 1904. NOTICE OF ENROLMENT. EXEMPTION CLAIMS. The officer making the enrolment provided in preceding section, shall at the time of making the same, serve a notice of such enrolment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence if known, if not known, then by mailing such notice to his last known place of residence. The return of the enrolling officer filed with the original roll showing such mailing of such notice shall be prima facie evidence of service. All persons claiming exemption must within fifteen days after receiving such notice, make a written statement of such exemption in duplicate, each verified by affidavit and file the same in the office of the county clerk, who shall retain one and forward the |