CHAPTER LXXI. An Act to amend section twelve hundred and forty-one of the Civil Code of the State of California, as amended April 6, 1880, relating to the subjection of homesteads to execution. [Approved March 9, 1887.] The People of the State of California, represented in Senate and SECTION 1. Section twelve hundred and forty-one of the 1241. The homestead is subject to execution or forced sale Homestead in satisfaction of judgments obtained: subject to execution; 1. Before the declaration of homestead was filed for record, conditions and which constitute liens upon the premises. 2. On debts secured by mechanics, contractors, subcontractors, artisans, architects, builders, laborers of every class, material-men's or vendors' liens upon the premises. 3. On debts secured by mortgages on the premises, executed and acknowledged by husband and wife, or by an unmarried claimant. 4. On debts secured by mortgages on the premises, executed and recorded before the declaration of homestead was filed for record. SEC. 2. This Act shall take effect from and after its passage. of. CHAPTER LXXII. An Act authorizing County Clerks in this State to take and certify affidavits for United States pension claimants, without the payment of fees or compensation therefor. [Approved March 10, 1887.] The People of the State of California, represented in Senate and without fees. SECTION 1. All County Clerks in this State are hereby Affidavits authorized and empowered to take and certify affidavits for certified United States pension claimants without demanding or receiving any fees or compensation therefor. SEC. 2. This Act shall take effect immediately. Placing probate proceedings on Supreme Court calendar. CHAPTER LXXIII. An Act to add a new section to the Code of Civil Procedure, relating to hearing of appeals in the Supreme Court. [Approved March 10, 1887.] The People of the State of California, represented in Senate and SECTION 1. A new section is hereby added to the Code of Civil Procedure, to be known as section fifty-seven (57), to read as follows: 57. Appeals in probate proceedings shall be given preference in hearing in the Supreme Court, and be placed on the calendar in the order of their date of issue, next after cases in which the people of the State are parties. Grand Army Republic badge. Crime and penalty. CHAPTER LXXIV. An Act entitled an Act to prevent persons from unlawfully using or wearing the badge of the Grand Army of the Republic of this State. [Approved March 10, 1887.] The People of the State of California, represented in Senate and SECTION 1. Any person who shall willfully wear the badge of the Grand Army of the Republic, or who shall use or wear the same to obtain aid or assistance thereby within this State, unless he shall be entitled to use or wear the same under the rules and regulations of the Department of California, Grand Army of the Republic, shall be guilty of misdemeanor, and, upon conviction, shall be punished by imprisonment for a term not to exceed thirty (30) days in the county jail, or a fine not to exceed twenty (20) dollars, or by both such fine or imprisonment. SEC. 3. This Act shall take effect and be in force from and after the date of its passage. CHAPTER LXXV. An Act to provide for the deficiency in the appropriation for the payment of costs and expenses of suits wherein the State is a party in interest, for the thirty-seventh fiscal year, to pay the claim of Arthur Rodgers. [Approved March 10, 1887.] The People of the State of California, represented in Senate and tion. Claim SECTION 1. The sum of two hundred and fifty dollars is Appropriahereby appropriated out of any money in the State Treasury of Arthur not otherwise appropriated, to pay the deficiency in the ap- Rodgers. propriation for the costs and expenses of suits wherein the State is a party in interest, for the thirty-seventh fiscal year, to pay the claim of Arthur Rodgers, in the case of the State of California vs. F. F. Strother, Auditor; and the Controller is hereby authorized to draw his warrant for said sum in favor of Arthur Rodgers. SEC. 2. This Act shall take effect immediately. CHAPTER LXXVI. An Act to amend sections nineteen hundred and twelve, nineteen hundred and twenty-nine, nineteen hundred and ninety, two thousand and twenty-two, two thousand and twenty-six, two thousand and ninety-four, two thousand and seven, and to add a new section, to be known as section two thousand and twentyseven, of the Political Code, relating to the State militia. [Approved March 10, 1887.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand nine hundred and twelve of this Code is amended to read as follows: 1912. The organized uniformed militia of the State of Cal- Limit of ifornia shall be known as the National Guard of California. companies. This force shall not exceed fifty companies, and must be located throughout the State, with reference to the military wants thereof, means of concentration, and other military requirements. SEC. 2. Section one thousand nine hundred and twentynine of said Code is amended to read as follows: may be dis 1929. Any enlisted man may be discharged before the when enexpiration of his term of service, by order of the command- listed men ing officer of the regiment, battalion, or unattached company charged. to which he belongs, on the recommendation of his company commander, and for any of the following reasons: To accept Dishonorably discharged. Defining staff of a Colonel, Lieutenant Colonel, or manding a battalion. How appointed. Expenses of encampment, how paid. Proviso. promotion by commission; upon removal of residence from the State, or out of the bounds of the command to which he belongs, to so great a distance that, in the opinion of such commanding officer, he cannot properly perform his military duty; upon disability, established by certificate of a medical officer; whenever such commanding officer shall approve the application of two thirds of the members of a company requesting the discharge of an enlisted man thereof, and giving the reason therefor; if, at a regular meeting of a company, or of a meeting called for that purpose, two thirds of the members of a company desire by vote the discharge of one of their members, an application for the discharge of such soldier, setting forth the facts, and giving the reasons therefor, shall be made by the company commander. Or he may be dishonorably discharged for either of the following reasons: Upon conviction of felony in a civil Court. By sentence of a Court-martial. SEC. 3. Section one thousand nine hundred and ninety of said Code is amended to read as follows: 1990. The staff of a Colonel, and of a Lieutenant-Colonel, or Major commanding a battalion, consists of one Adjutant with the rank of Captain, one Quartermaster, one Commissary, one Paymaster, one Ordnance Officer, one Inspector of Rifle Practice, and one Signal Officer, each with the rank of First Lieutenant, one Surgeon with the rank of Major, one Chaplain with the rank of Captain, one Sergeant Major, one Quartermaster Sergeant, one Commissary Sergeant, one Ordnance Sergeant, one Hospital Steward, two Color Sergeants, and one Principal Musician, with the rank of Sergeant Major, and two General Guides with the rank of First Sergeant each, and all of the herein named to be appointed by such commanding officer, and to hold office at his pleasure and until their successors are appointed and qualified. SEC. 4. Section two thousand and twenty-two of said Code is amended to read as follows: 2022. Every regiment, battalion, or unattached company that annually assembles and encamps for discipline and drill, for not less than seven days, shall receive from the State, to defray the expenses of said encampment, a sum equal to one dollar and twenty-five cents per day for each officer and man regularly on duty in such regiment, or battalion, or unattached company, and all mounted officers, and artillery and cavalry companies, shall likewise receive an additional one dollar per day for each horse necessarily used by them at such encampment; provided, that the aggregate of such allowance shall not for any one encampment exceed the sum of four hundred dollars per company exclusive of the allowance for field and staff, non-commissioned staff officers, Additional and signal corps, and for horses. When the companies of a regiment or battalion are not all located at the same place, those companies not located at the headquarters of the regiment or battalion shall receive, in addition to the above allowance, the excess in actual cost of transportation of such companies, over those at headquarters, to and from the place of encampment. Each officer commanding a regiment or allowance. officer to cadets. battalion may muster and attach to it a company of cadets, Power of and may prescribe the ages and term of enlistment and the commanding discipline thereof, provided that no person over the age of muster nineteen years shall be enlisted or reënlisted therein. It shall be the duty of such commanding officer to give his personal attention to the instruction of such cadet company, and he must prohibit the use of intoxicating drinks by any member of such company during the term of such membership, and must punish a second violation of such rule by any one person by dishonorable discharge from the service. Every such cadet company shall be trained in the arm of service to which the regiment or battalion is attached, and shall receive. from the State a monthly, annual, uniform, and camp allowance equal to one third of the allowances made to a company of such regiment or battalion. The commanding officer of any regiment or battalion may muster and attach to it a signal corps, to consist of not more than two members for each company of such regiment or battalion. Members of Signal corps. the signal corps shall be enlisted for three years, as members of companies are, and shall conform to such rules and regulations as may be prescribed from time to time by such commanding officer, who shall appoint such non-commissioned officers of the corps as he may deem advisable. SEC. 5. Section two thousand and twenty-six of this Code is amended to read as follows: 2026. Each company must have at least three weekly Drills. drills each month, except in December of each year, when there need not be any drills. SEC. 6. A new section is hereby added to this Code, to be known as section two thousand and twenty-seven. 2027. The Commander-in-Chief of the National Guard Uniforms and equipshall forthwith appoint a Board, to consist of five commis- ments. sioned officers of the National Guard, who shall determine and prescribe a uniform and equipments for the National Guard, and when so determined and prescribed, it shall be announced in general orders by the Commander-in-Chief, and when it is so announced such uniform and equipment shall be known as the "service" uniforms and equipments of the National Guard of this State. Companies already organized may wear the uniforms and equipments now in use until supplied by the State with the "service" uniform and equipments; after which, no uniforms and equipments other than those so supplied shall be worn, except at company parades, or drills. No money of the State must be used or applied Purchase of to the purchase of uniforms and equipments other than those uniforms in this section mentioned. All non-commissioned officers, ments. musicians, and privates of a company, or of a general, brigade, missioned regimental, or battalion staff, the members of the signal corps, officers. and of regularly organized and enlisted bands (which bands shall not exceed in number twenty-five each), shall be furnished with "service" uniforms and equipments at the expense of the State. Such uniforms and equipments shall Issued upon be issued to commanders of the general staffs of brigades, requisition. regiments, battalions, and companies, upon requisitions, in such form as may be prescribed. The "service" uniform and and equip Non-com |