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 make and deliver to the brigadier-general of the brigade to which his county belongs the duplicate 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.

SECTION 1900. To be amended to read as follows:

Sec. 1900. The clerk of the Board of Supervisors must deliver to the brigadier-general of the brigade to which his county belongs a duplicate of such roll, certified by him, within ten days after the Board of Equalization have completed their corrections.

CHAPTER II.

ARTICLE I.

GENERAL PROVISIONS RELATING TO THE NATIONAL GUARD.

SECTION 1912. To be amended to read as follows:

Sec. 1912. The organized uniformed militia of the State of California are known as the National Guard of California. This force shall not exceed sixty-nine companies, of which sixty companies shall be cavalry, artillery, or infantry, as the board of location may direct, and five divisions of the naval battalion, and the other four companies shall be distributed to such arms of the service as the board of location may direct. The National Guard 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 title in connection with the naval battalion, shall have the same meaning and effect as "company" when used in connection with the infantry. SECTION 1918. To be amended to read as follows:

Sec. 1918. 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, and have served at least four years as officers in the National Guard of California; and the brigadier-generals must be residents of the localities within the brigades for which they are appointed. They take rank according to the date assigned them in their commissions, and hold their office until their successors are appointed and qualified.

SECTION 1919. To be amended to read as follows:

Sec. 1919. All staff officers shall be citizens of the State of California.

SECTION 1924. To be amended to read as follows:

Sec. 1924. All commissioned officers of regiments, battalions, troops, batteries, and companies of the National Guard must take rank according to the date assigned them by their commissions; and when two of the same grade are of the same date their rank must be determined by length of previous military service in the State; and if of equal service, then by lot. Officers of regiments, battalions, troops, batteries, and companies of the National Guard, in all cases, are of superior rank to officers of the enrolled militia of the same grade, irrespective of the date of their commissions.

SECTION 1936. To be amended to read as follows:

Sec. 1936. All officers, musicians, and privates of the National Guard who comply with all military duties, as provided in this chapter, are entitled to the following privileges and exemptions, viz.: exemption from road tax, and head tax of every description except the poll tax provided for in article thirteen, section twelve, of the Constitution, exemption from jury duty, and service on any posse comitatus. All officers, non-commissioned officers, musicians, and privates, who have faithfully served in the military service of this State for the space of seven consecutive years, and received the certificate of the adjutant-general certifying the same, are thereafter exempted from further military and jury duty, except in time of war. And the adjutant-general must issue such certificate of exemption when it appears that the party applying is entitled to the

same.

NOTE.-Amended to conform to the requirements of the Constitution, Article XIII, Section 12.

SECTION 1945. To be amended to read as follows:

Sec. 1945. The State shall provide a bronze service medal, with a bronze bar attached thereto, for ten years' active service; for fifteen years' active service, a silver bar shall be attached; and for twenty years' active service, a gold bar shall be attached to the same medal. There shall be no other or different medals for service. Such medals shall be prepared and issued by the adjutant-general, upon application of the party entitled thereto, and upon proof of such service from the records of the National Guard.

NOTE.-The amendment consists in adding the last sentence, taken from Section 2101, which can now be repealed.

ARTICLE II.

COMPANIES AND THE DISTRIBUTION OF ARMS.

SECTION 1955. To be amended to read as follows:

Sec. 1955. 1. If such company has been organized and the officers elected in accordance with the provisions of law, orders, and regulations, the company must be listed in the office of the adjutant-general as a company of the National Guard, and the officers elected, if commissioned, hold office for the term of four years; provided, that in case of a vacancy occurring in any office during the term thereof the officer elected to fill such vacancy shall hold for the unexpired term;

2. All commissioned officers of the National Guard shall be commissioned by the Governor, but he may refuse to issue a commission to any officer elected or appointed, if, in his opinion, the person elected or appointed is in any way unqualified or unworthy to be an officer in the National Guard:

3. The Secretary of State shall make no charge for issuing a military commission.

NOTE.-The amendments consist in adding subdivision three, the same being Section 26 of the Act of April 15, 1880. (See amendments to Codes, 1880, page 57.) Also, increasing the terms of office, and providing for filling vacancies.

SECTION 1962. To be amended to read as follows:

Sec. 1962. The companies, troops, and batteries of the National Guard shall be composed of officers and men as follows:

1. Each company of infantry shall have not less than fifty, nor more than one hundred and three, officers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight corporals, and two musicians;

2. Each troop of cavalry shall have not less than fifty, nor more than one hundred and three, officers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, two first lieutenants, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight corporals, two trumpeters, two farriers, and one saddler;

3. Each foot battery shall have not less than fifty, nor more than one hundred and three, officers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, one first lieutenant, one second lieutenant, one first sergeant, one quartermaster-sergeant, four sergeants, eight corporals, and two trumpeters;

4. Each field battery shall have not less than sixty-one, nor more than one hundred and forty-nine, officers, non-commissioned officers, and privates, which must include one commissioned officer, and may include one captain, two first lieutenants, one second lieutenant, one first sergeant, one quartermaster-sergeant, six sergeants, eight corporals, two trumpeters, two farriers, and one saddler;

5. The line officers of the naval battalion shall be a commander and a lieutenant-commander, and each division shall consist of one lieutenant, one lieutenant junior grade, two ensigns, and not less than sixty, nor more than one hundred, petty officers and men;

6. The numerical strength, rank, titles, and insignia of rank of the companies, troops, and batteries, and their officers and men, of the National Guard, shall conform to the laws, rules, and regulations of the United States army and navy, so far as the same may be effectively applicable; and upon changes being made in the said laws, rules, and regulations of the United States army and navy, the commander-inchief of the National Guard shall cause the same changes to be made in the National Guard to correspond thereto so far as they may be effectively applicable as aforesaid;

7. Each company, troop, battery, or division naval militia, may have not to exceed ten honorary members, who shall pay fifty dollars per annum each into the company, troop, battery, or naval division treasury, and shall thereupon be entitled to all the exemptions to which men on the active list are entitled, and shall not be required to drill or perform any military duty by reason of such membership;

8. The staff officers of the naval battalion shall consist of one adjutant, one ordnance officer, one paymaster, one engineer officer, and one surgeon, each with the rank of lieutenant junior grade; also, one assistant surgeon and one assistant ordnance officer, each with the rank of ensign. All such officers shall be appointed and commissioned as staff officers upon the staff of a colonel commanding a regiment in the National Guard are appointed and commissioned;

9. The organization of the naval militia shall conform generally to the provisions of the laws of the United States; and the system of discipline and exercise shall conform, as nearly as may be, to that of the navy of the United States as it now is, or may hereafter be, prescribed by Congress. When not otherwise provided for, the government of the naval militia shall be controlled by the provisions of the Political Code relating to the National Guard of California, and the Governor shall have power to alter, divide, annex, consolidate, or disband the same, whenever, in his judgment, the efficiency of the State forces will thereby be increased, and he shall have power to make such rules and regulations as may be deemed proper for the use, government, and instruction of the naval militia; but such rules and regulations shall

conform as nearly as practicable to those governing the United States navy;

10. The duty of the naval militia required by law, or any part of it, may be performed afloat in United States vessels. Officers and men of the naval militia mustered temporarily into the service of the United States for instruction and drill, and receiving compensation therefor from the United States, shall not, during the same term, be entitled to compensation from the State;

11. The Governor is authorized to apply to the President of the United States for the detail of commissioned and petty officers of the navy, to act as inspectors and instructors in the art of naval warfare;

12. The naval militia battalion and divisions shall receive the same allowance from the State as infantry battalions and companies.

NOTE.-Subdivision 5 changed considerably; 6 and 7 but slightly;. Subdivisions 8, 9, 10, 11, and 12, being the essential provisions of an Act of the Legislature approved March 1, 1893. (Stats. 1893, page 62), are added.

SECTION 1965. To be amended to read as follows:

Sec. 1965. The commanding officer of each troop, battery, company, naval division, or signal corps must give such bonds and security as may be required by the adjutant-general to secure the State and the company from loss on account of misuse or misapplication of any State property or funds. Said bond must be with two or more good and sufficient sureties conditioned upon his faithful performance of all duties, and accounting for all property and moneys, both State and company funds, of which the commander, as ex officio treasurer, shall be the custodian.

SECTION 1966. To be amended to read as follows:

Sec. 1966. Such bonds being to his satisfaction, and on receiving duplicate receipts from such officer, the adjutant-general must make

the issue.

SECTION 1970. To be amended to read as follows:

Sec. 1970. There must be an annual inspection and muster of the National Guard between January first and June thirtieth, each year, by brigade, regiment, battalion, or company, as may be deemed advisable by the commander-in-chief; and the commanding officer of each company must make out and certify the necessary muster rolls, showing the names and number of the members of the company, the officers in the order of their rank, and the privates in alphabetical order, and also a list of the ordnance, ordnance stores, clothing, and other property of the State, in the possession of the company. He must transmit, through the proper military channels, one copy of the roll and list attached to each superior headquarters.