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Electors exempted from duty on day of election: See Const. Cal., art. II, sec. 3.

$ 1897. Assessor to enroll persons subject to military duty. Tax collector in San Francisco. 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. En. March 12, 1872. Am'd. 1897, 406.

$ 1898. Penalty for dereliction as to enrollment. If any assessor, or the tax collector of the city and county of San Francisco, neglects or refuses to perform any of th 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 of 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 hundred, nor more than five hundred, dollars, to be sued for, recovered, and disposed of in the same manner. En. March 12, 1872. Am'd. 1897, 406.

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. En. March 12, 1872.

$ 1900. Clerk of supervisors to deliver copy to brigadiergeneral. 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 com

pleted their corrections. En. March 12, 1872. Am'd. 1897, 406.

§ 1901. Compensation of assessors. The compensation of assessors for making out the military roll must be determined by the boards of supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the assessors as subject to military duty. En. March 12, 1872.

$ 1902. Muster roll to be made by brigadier-general. 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 adjutantgeneral. En. March 12, 1872.

CHAPTER II.

THE NATIONAL GUARD.
Article I. General Provisions Relating to National Guard, $$ 1912-

1946.
II. Companies, $$ 1951-1977.
III. Regiments and Battalions. $$ 1980-1993.
IV. Divisions and Brigades. $3 2003-2009.
V. Parades and Drills, &$ 2018-2032.

ARTICLE I. GENERAL PROVISIONS RELATING TO THE NATIONAL GUARD. $ 1912. National Guard, of what it consists. $ 1913. Board of location and organization. $ 1914. National Guard to be organized into regiments. $ 1915. What officers belong to. $ 1916. Governor commander-in-chief. $ 1917. Staff of commander-in-chief. $ 1918. Appointment and term of office of generals. $ 1919. Staff officers to be citizens of state. $ 1920. Effect of line officers accepting commission on staff. § 1921. Oath of officers and members. $ 1922, System of instruction. $ 1923. Uniform and equipments. $ 1924. Ranks of commissioned officers. $ 1925. Officers re-elected not to be recommissioned. $ 1926. Resignations, how made. $ 1927. Vacancies in elective offices, how filled. $ 1928. Absence or removal, when deemed resignation. S 1929.

Discharges, when and by whom granted. $ 1930. Disobedience of orders, unsoldierlike conduct; penalty.

1931. Interrupting officer or private in discharge of his duty;

penalty. $ 1932. Diononorable discharge bar to re-entry.

1933. Protection of parade ground. 1934. By-laws. 1935. Fines. $ 1936. Exemptions. $ 1937. List of persons so exempt to be given to assessor. $ 1938. Commander-in-chief may disband any portion of National

Guard. 1939. Rules and regulations of United States army; how far

applicable generally. $ 1940. No fees allowed to officers for administering oaths. $ 1941. Powers of commander-in-chief. $ 1942. Colors. Right to parade. § 1943. Pension.

1944. Forfeiture of claims. $ 1945. Service medals.

1946. Decorations which may be worn.

$ 1912. National Guard, of what it consists. The organized uniformed militia of the state of California shall be known as the National Guard of California and the naval militia of California. This force shall not exceed sixty-five companies, of which fifty-six companies shall be cavalry, artillery, infantry, or signal corps, as the board of location and organization may direct, and five divisions of the naval militia, and the other four companies shall be distributed to such arms of the service as the board of location and organization may direct. The National Guard and naval militia must be located throughout the state with reference to the military wants thereof, means of concentration, and other military requirements. The word "division," as used in this section in connection with the naval militia, shall have the same meaning and effect as “company" when used in connection with the infantry, and the naval militia shall receive its proportion of any appropriation made for the support of the National Guard. En. March 12, 1872. Am'd. 1875-6, 30; 1877-8, 31; 1887, 83; 1889, 429; 1893, 104; 1895, 181; 1897, 407; 1901, 580.

Act to establish naval battalion: See post, Appendix, title Naval Battalion.

Act providing for independent and unattached companies of National Guard: See post, Appendix, title National Guard.

$ 1913. Board of location and organization. The commander-in-chief, major-general, and adjutant-general constitute a board of location and organization of the National

Guard, with power to transfer, attach, consolidate, or disband companies, and to reorganize at pleasure regiments and battalions. En. March 12, 1872. Am'd. 1877-8, 42; 1897, 407.

§ 1914. National Guard to be organized into regiments. All companies of the National Guard must, as far as practicable, be organized into regiments, battalions, and batteries. En. March 12, 1872.

§ 1915. What officers belong to. All commissioned officers of the staff of the commander-in-chief, the adjutantgeneral, and the officers of his staff, the major-general and brigadier-generals, and all officers of their respective staffs, belong to the National Guard, and are at all times subject to be called into active service by the commanderin-chief; and when called into active service, each officer must be called and mustered according to his commission. En. March 12, 1872.

$ 1916. Governor commander-in-chief. The governor is commander-in-chief of the National Guard. En. March 12, 1872.

Governor is commander-in-chief: Const. Cal., art. V, sec. 5.

f 1917. Staff of commander-in-chief. His staff consists of one adjutant-general, with the rank of brigadier-general; one assistant adjutant-general, one chief engineer, one paymaster-general, one judge-advocate-general, one inspectorgeneral of rifle practice, one surgeon-general, each with the rank of colonel; sixteen aides-de-camp, with rank of lieutenant-colonel; one aide-de-camp, with the rank of commander; and two staff orderlies, with the rank of sergeantmajor, appointed by and holding office at the pleasure of the commander-in-chief, or until their successors are appointed and qualified. En. March 12, 1872. Am'd. 1877-8, 31; 1880, 55; 1885, 103; 1891, 122; 1901, 581.

$ 1918. Appointment and term of office of generals. The commander-in-chief, by and with the advice and consent of the senate, must appoint one major-general, and for each brigade of the National Guard of California one brigadier-general, who must be citizens of the United States and of the state; have served at least four years as

officers either in the National Guard of California or in the United States military service, or in both, two years of which service shall have been as a field officer; and the brigadier-generals must be residents of localities within the brigades for which they are appointed. They take rank according to the date assigned them in their commissions, which shall be from the time of their appointment, and hold their office until their successors are appointed and qualified. En. March 12, 1872. Am'd. 1877-8, 31; 1897, 407; 1901, 581.

$ 1919. Staff officers to be citizens of state. All staff officers shall be citizens of the state of California. En. March 12, 1872. Am'd. 1895; 181; 1897, 407.

§ 1920. Effect of line officers accepting commission on staff. Any officer of a regiment, battalion, or company accepting any staff appointment, is held to have resigned the commission held by him at the time of said appointment. En. March 12, 1872. Am'd. 1901, 581.

§ 1921. Oath of officers and members. All officers and soldiers of the National Guard, on becoming members, and before performing duty, and at each subsequent reenlistment must take and subscribe the following oath, which all commissioned officers thereof are authorized to administer: "I do solemnly swear that I will support the constitution of the United States and the constitution of the state of California, and will maintain and defend the laws and all officers employed in administering the same." Which oath, certified by the officer administering the same, must be returned to the adjutant-general, and be preserved with the rolls of companies. Oaths of re-enlistment shall show on the margin the number of re-enlistment. En. March 12, 1872. Am'd. 1877-8, 41.

§ 1922. System of instruction. The systems of instruction prescribed for the different arms of the United States army must be followed in the military drills and instruction by the National Guard, and by the enrolled militia when called into active service. En. March 12, 1872. Am'd. 1877-8, 32.

$ 1923. Uniform and equipments. All moneys hereafter appropriated for the purchase of service uniforms or equip

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