Number of company. Companies may be and affirmations in investigating the cause of any fire, or amount of loss caused thereby. SEC. 76. No engine or hook and ladder company shall have more than sixty-five, and no hose company more than twentyfive certificate members. The officers of a company shall consist of a Foreman, and at least one Assistant Foreman, a Secretary, and a Treasurer. It shall require at least fifteen persons, twenty-one years of age, to compose a company, all of whom must have signed the constitution previous to their petition for admission, and they shall forward a copy of their constitution, together with the names of their officers and men, and their residences, the situation in which they wish to locate, and a petition for admission into the Fire Department, to the Board of Delegates; and whenever there are less than eight organized companies in the Department, and the Board of Delegates, by a vote of all its members, shall decide to recommend the admission of a company, it shall be the duty of the Secretary of the Board to forward to the Board of Trustees a certificate of such recommendation, together with the petition of the company, the constitution of the same, the names of the officers and men, and their residences, and the location desired. If such recommendation shall receive the approval of the Trustees, the company shall be declared admitted into the Fire Department, and shall be furnished with an engine or fire apparatus, and a house suitable for receiving the same, by the Trustees. But no petition for admission of any company shall be entertained by the Trustees until it shall have received the recommendation of the Board of Delegates in the manner herein provided. SEC. 77. Whenever an engine, hose, or hook and ladder disbanded. Company, by reason of deaths, resignations, or expulsions, shall have reduced its roll to less than fifteen active certificate members, it shall be the duty of the Secretary to notify the Chief Engineer and the Foreman of the company of the fact, and it shall be the duty of the Chief Engineer to report the condition of such company to the Board of Delegates, at their first regular meeting, and the Board shall then declare whether such company shall be disbanded or continued in the Fire Department, to be decided by a majority vote of the members composing the same. Whenever any company shall violate any law or ordinance, or the Board of Trustees shall deem the public good requires its disbandment, such company may, after a hearing, be disbanded by the Board of Trustees. Election. To take effect. Acts repealed. SEC. 78. The election provided for by section thirty, shall be held at the places and under the supervision of the Judges and Inspectors where and by whom the last general election was held, except that in case of the absence of any Judge or Inspector, his place shall be filled as is required by the election law. SEC. 79. Sections thirty and seventy-eight of this Act shall take effect immediately, and the remainder of the Act on the Monday next succeeding the election held under the provisions of section thirty. SEC. 80. An Act to repeal an Act, passed March twenty-sixth, eighteen hundred and fifty-one, entitled an Act to incorporate the City of Sacramento, and the several Acts amendatory and supplementary thereto, and to incorporate the City and County of Sacramento, approved April twenty-fourth, eighteen hundred and fifty-eight, and all and every the Acts amendatory or supplementary thereto, and all other Acts or parts of Acts in conflict with the provisions of this Act, are hereby repealed; but this repeal shall not in any manner affect the county organi zation. CHAP. CCCIX.-An Act amendatory of and supplementary to an Act entitled an Act in relation to the Militia of this State, approved April twenty-fourth, eighteen hundred and sixty-two. [Approved April 25, 1863.] The People of the State of California, represented in Senate and SECTION 1. Section two of the above recited Act is hereby amended so as to read as follows: Section 2. The Adjutant-General shall be appointed by the AdjutantCommander-in-Chief, by and with the consent of the Senate, General. and shall hold his office for the term of two years. He shall be ex officio Chief of Staff, Quartermaster-General, CommissaryGeneral, Inspector-General, and Chief of Ordnance. He shall receive a salary of three thousand dollars annually, to be paid out of moneys appropriated for that purpose. He shall reside at the seat of government, and shall keep his office open for the transaction of business every day, (Sundays excepted,) from ten o'clock, A. M., to four o'clock, P. M. SEC. 2. Section fourteen of said Act above recited is hereby amended so as to read as follows: sons liable to military Section 14. The District or County Assessor of each and List of perevery Revenue District or county in this State, shall, at the same time in each year when he prepares a roll containing the tax-duty. able inhabitants of his district or county, enroll all the inhabitants of his district or county subject to military duty, which list or roll shall be sworn to by him, and delivered to the Clerk of the Board of Supervisors, in the same manner and at the same time as is provided by law for the civil tax list or assessment roll, and the Clerk of the Board of Supervisors shall keep the same open for inspection, as is provided by law for the civil assessment roll; provided, that in the City and County of San Francisco, the Tax Collector of said city and county shall perform the duties by this section imposed upon District or County Assessors. SEC. 3. Section fifteen of said Act above recited is hereby amended so as to read as follows: Section 15. The Board of Equalization shall correct the said Correction military assessment roll at the same time and in the same man- of roll. ner as is prescribed by law for the correction of the civil tax list; and it shall be the duty of the said Clerk to deliver to the Violations of Penalties. Volunteer Brigadier-General of the brigade to which his county belongs a triplicate of said list, certified by him, within ten days after the Board of Equalization shall have completed their corrections; and the compensation allowed to said Assessors for making out said military list, shall 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 County or District Assessors, who, by said Board of Equalization, shall be determined as subject to military duty. SEC. 4. Section sixteen of said Act above recited is hereby amended so as to read as follows: Section 16. If any Assessor, or the Tax Collector of the City and County of San Francisco, shall neglect or refuse to perform any of the duties required of him by this Act, he shall be subject to the same penalties, liabilities, and punishments, as is provided by law for a neglect or refusal to perform any of the duties required of him for the assessment of the civil taxes; and, moreover, he shall forfeit and pay the sum of not less than three hundred and not 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 county, and recovered in the name of The People of the State, and paid into the Military Fund of the State; and if the Clerk of the Board of Equalization shall neglect or refuse to make and deliver to the Brigadier-General of the brigade to which his county belongs the triplicate of the military assessment roll, as directed in this Act, he shall forfeit and pay the sum of not less than two hundred and not more than five hundred dollars, to be sued for and recovered in the same manner as is provided in this section with respect to the Assessor. SEC. 5. Section nineteen of the above recited Act is hereby amended so as to read as follows: Section 19. The volunteer or independent companies shall companies. be armed and equipped in the same manner as similar corps in the United States Army, and shall consist of the following officers, non-commissioned officers, and privates, viz: to each company of cavalry, one Captain, one First Lieutenant, one Senior and one Junior Second Lieutenant, five Sergeants, four Corporals, one Trumpeter, one Farrier, and not less than thirty nor more than eighty privates; to other companies there shall be one Captain, one First Lieutenant, one Senior and one Junior Second Lieutenant, five Sergeants, four Corporals, one Drummer, one Fifer, and not less than thirty nor more than eighty privates, excepting Light Batteries, which shall be allowed one hundred active members each, and such officers as are allowed in the United States service; provided, that infantry, artillery, and cavalry regiments may be organized with the number of Field, Staff, and non-commissioned officers as are allowed in the United States service. Armories. SEC. 6. Section twenty-two of the above recited Act is hereby amended so as to read as follows: Section 22. It shall be the duty of the Board of Supervisors of each county in which there shall be one or more organized volunteer companies, upon application of the Captain or commanding officer of the same, to provide for each company in said county, an Armory, safe and suitable for the drill of squads in the School of the Soldier, and an Armorer to take charge of the same; and it shall also be the duty of the Board of Supervisors of each county in which there shall be one or more organized regiments, upon application of the Colonel or commanding officer of the same, to provide for each regiment in said county a drill room, suitable for skeleton regimental drill; and said Board shall also, at each of its sessions, audit and allow, and cause to be paid, the necessary incidental expenses of said company or regiment, previously incurred; provided, that the total amount Proviso. for all the purposes above mentioned, shall not exceed fifty dollars per month for each company, and one hundred dollars per month for each regiment; and for light batteries not less than two hundred and fifty dollars per month; and, provided, further, that at the annual settlement of the several Treasurers of such counties with the State Treasurer, the amounts so paid, or caused to be paid, by the several Boards of Supervisors thereof, shall be allowed and credited to such counties. SEC. 7. Section thirty-three of the above recited Act is hereby amended so as to read as follows: Section 33. It shall be the duty of each and every Brigadier- Muster rolls. General to make, from the assessment rolls received by him from the Clerk of the Boards of Supervisors, and from the muster rolls received by him from the officers of companies, battalions, and regiments, as prescribed in this Act, on or before the first Monday in October of each year, two brigade muster rolls, one to be entitled "Muster Roll of the Organized Militia of the Brigade," and the other to be entitled "Muster Roll of the Enrolled Militia of the Brigade," in the first of which he shall include the names of all the officers of his staff, and all the officers, non-commissioned officers, musicians, artificers, and privates, of the organized volunteer regiments, battalions, and companies in his brigade, in the order of their organization; and in the second, he shall include the number of all other persons subject to military duty. The original of these muster rolls, signed by the General of Brigade, shall be filed in his office, and duly certified copies thereof shall be furnished by him to the General of Division, and to the AdjutantGeneral of the State. SEC. 8. Section thirty-four of the above recited Act is hereby repealed. SEC. 9. Section forty-three of the above recited Act is hereby amended so as to read as follows: Section 43. The Commander-in-Chief shall order a Camp of Camp of Military Instruction, to.continue for ten days, at some central Instruction. point in this State, in the month of April or May of each year, which shall be attended by all of the commissioned officers, noncommissioned officers, and non-commissioned staff of the militia of this State, the same to be commanded by the Major-General, or, in his absence, by the senior Brigadier-General present. The Commander-in-Chief shall also order, annually, an Encampment, to continue not more than ten days, of the Organized Militia of this State, to be held in the month of September or October of each year, within the limits of the brigade to which such troops respectively belong; the troops attending each Camp of Instruc Camp of tion and State Encampment shall be deemed to be in active serInstruction. vice, and shall be reviewed by the Commander-in-Chief, and in addition to such inspections as may be ordered by the officer in command, shall be inspected by the Inspector-General of the State, on the second and last days of such Camp of Instruction and Encampment; provided, that in the City and County of San Francisco, the Organized Militia shall parade at least four times during the year: once by brigade, twice by regiments or battalions, and once by company, which last shall be for target practice, the result of such target practice shall be reported to the commanding officer of the brigade; and, provided, further, that upon occasions of reception, or upon the celebration of any event of public importance, the commanding officer of the brigade shall have authority to order out the Organized Militia to join such parade, and the parade so ordered is hereby constituted a legal parade; provided, further, that each and every company of the Organized Militia of the City and County of San Francisco shall assemble at least once in each week for military instruction. In other parts of the State, such companies shall assemble at least once a month for such instruction, and all members who absent themselves from such meetings for instruction during three consecutive meetings, unless excused by the commanding officer of such company, shall be debarred from the exemption of jury duty, and poll and road tax, and subject to expulsion from their company; provided, at any other legal parade, that any officer, non-commissioned officer, or private, who shall neglect to attend a Camp of Instruction, or Military Encampment, as above provided, when legally required to do so, shall be subject to a fine of three dollars for each day's absence from such Camp of Instruction or Military Encampment, unless excused in consequence of sickness or absence from the State; such fines may be sued for and recovered in the name of The People, before any Justice of the Peace of the township in which such delinquent resides. Active service. Military Duties of. SEC. 10. Section forty-eight of the above recited Act is hereby amended so as to read as follows: Section 48. Whenever any of the militia of this State shall be called into active service for the space of more than two days, 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. SEC. 11. Section fifty of the above recited Act is hereby amended so as to read as follows: Section 50. The Commander-in-Chief, Adjutant-General, and the Surveyor-General, 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. 12. Section fifty-two of the above recited Act is so amended as to read as follows: Section 52. It shall be the duty of said Board of Military Auditors to audit and allow all proper claims against the Mili |