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Commanding officer may petition for arms.

Petition to be accompanied by a bond.

Sec. 14. That from and after the passage of this act, when any volunteer or independent company of artillery, cavalry, infantry, or riflemen, shall become organized and uniformed, according to law, the captain, or commanding officer, may petition the commander-in-chief to furnish him for the use of his company, with such a number of muskets, rifles, sabres, pistols, or other arms, with their accoutrements, or if an artillery company, cannon or field pieces, and swords, with their necessary accoutrements and equipments, as his company may require, and set forth in said petition the brigade and county to which his company belongs, the number it contains, and specific number and description of the arms and accoutrements requisite for it, which shall not be greater than the rank and file his company shall contain : which petition shall be accompanied by a bond, payable to the Governor and his successors in office, for the use of the people of the state of California, in a penal sum of double the amount of the value of all the arms and accoutrements so petitioned for, according to the prices at which they are rated by the United States, when furnishing them, and signed by himself as principal, with good and sufficient sureties, conditioned to safely keep, and have in readiness for use, the arms and accoutrements by him received, and to return them in good order, if at any time required so to do, which bond must be approved, as to the sufficiency of the security, by the Judge of the County Court of the county where such company is formed; and his certificate thereof, together with the bond, shall be filed in the office of the Secretary of State.

Sec. 15. The Commander-in-chief, upon application being made to him as aforesaid, shall, if there be any arms and accoutrements belonging to the state, furnish such officer so making application with an order

upon

the quartermaster general for the same: and it shall be the duty of the quartermaster general to have them directed and forwarded to the officer so petitioning, at the place specified by him, and the officer so applying, shall, upon their being delivered at such place, consider them in his care, and from that time become responsible for the same upon the conditions of his bond, and shall provide a place for the safe keeping thereof, and said company shall be permitted to use the same, upon all occasions, whenever they may be called together for duty of any kind.

Sec. 16. Whenever the number of members of any volunteer or independent company shall be reduced by death, withdrawal, expulsion, or otherwise, to a less number than that prescribed by this act for such company, it shall be the duty of the commanding officer of

Arms--when and how to be furnished.

Vacancies in company-how supplied.

Muster rolls to be

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such company to make a return to the Adjutant General of this state, setting forth the fact, and to provide forthwith, by proclamation, or notice published in one or more newspapers, or posted up in at least three of the most public places of the county, for filling such vacancies.

Sec. 17. It shall be the duty of the commanding officer of any made, and what volunteer or independent company, to make out, within ten days after to contain. the complete organization of such company, triplicate muster rolls, setting forth the number and names of the members of his company, the officers in the order of their rank, the privates in alphabetical order, and the rank, place of residence, and date of joining the company, of each member.

It shall be his duty also, thereafter, to make out like muster rolls, semi-annually, on the first days of April and October, with the addition, if any, of all alterations which shall have occurred in his company ; to the correctness of all such muster rolls the commanding officer of the company shall certify, and as soon as made out, transmit one to the Adjutant General of the state, and one shall be by him filed in the office of the County Auditor, and the third shall be preserved with the records of the company.

Sec. 18. Such commanding officer shall receive a compensation of compensation twenty dollars for each muster roll so made out, and disposed of as muster rolls. prescribed in the last preceding section. He shall certify, on honor, to the correctness of his account, and it shall be paid by the Paymaster General, out of the military fund.

Sec. 19. All commissioned officers elected under the provisions of Commissioned this act shall be commissioned by the Commander-in-chief, and shall commissioned. take the oath of office prescribed by the constitution, before some officer authorized to administer oaths, a copy of which oath shall be endorsed on the commission.

Sec. 20. All officers or members of volunteer or independent com- Penalty for panies, when summoned or commanded, in accordance with the pro- in cases of visions of law, in case of invasion, or for the suppression of rebellion, riots, insurrection, or resistance to the execution of law, shall render prompt assistance and full obedience to the officer so summoning or commanding them, under the penalty, in case of neglect or refusal to comply with such summons or command, if an officer, of the forfeiture of his commission, and a fine of not less than five hundred dollars, or, if a private, of expulsion from his company, and a fine of not less than two hundred dollars; said fines to be recovered in any court of competent jurisdiction in the state.

Sec. 21. Volunteer or independent companies, formed under the volunteer

non-attendance

invasion.

uniformed.

assemble for

four times a year.

exercise to

army.

Officers to take

companies—how provisions of this act, shall be uniformed as companies or corps of

the same arm of the service are required to be, by the regulations of the United States Army, or as each of such companies or corps may

respectively determine upon for itself. Companies to Sec. 22. It shall be the duty of volunteer or independent compamuster and drill nies to assemble for the purpose of muster, drill, and inspection, on at

least four days in each year, and as much oftener as a majority of all the members of any

such

company may direct. Discipline and

Sec. 23. Volunteer or independent companies shall conform their conform to that system of discipline and exercise to that of the army of the United

States, as it is now, or shall hereafter be prescribed by the Congress of the United States.

Sec. 24. All officers of volunteer or independent companies shall rank by date of commission.

take rank according to the date of their commissions, and when two of the same grade bear an equal date, then their rank shall be de

termined by lot, to be drawn by them before any three commissioned Officers to rank officers present; and officers of volunteer or independent companies enrolled militia. shall in all cases be deemed of superior rank to officers of the enrolled

militia of the same grade, irrespective of the date of commission. Companies here Sec. 25. It shall be the duty of the commanding officer of any

volunteer or independent company heretofore formed and organized in this state, to comply forthwith with the requirements of the seventeenth section of this act, and on such compliance, such company shall be considered as formed under this act, and shall be subject to its provisions: Provided, that nothing in the constitution, by-laws, rules, and regulations of such company, shall conflict with the constitution and laws of the United States or of this state.

tofore formed.

CHAPTER XXIX.

AN ACT to provide for the appointment and prescribe the duties of

Guardians.--[Passed April 19, 1850.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows :

Probate Judge may appoint guardians of minors.

Section 1. The Probate Judge of each county, when it shall appear to him necessary or convenient, may appoint guardians to minors who have no guardian legally appointed by will, and who are

inhabitants or residents in the same county; or who shall reside without the state and have any estate within the county.

Sec. 2. If the minor is under the age of fourteen years the Probate Guardian of Judge may nominate and appoint his guardian; and if he is above nominated. the age of fourteen years he may nominate his own guardian, who, if approved by the judge, shall be appointed accordingly.

Sec. 3. If the guardian nominated by the minor shall not be ap- Judge may approved by the judge, or if the minor shall reside out of the state, or for minor over if after being duly cited by the judge, he shall neglect for ten days events. to nominate a suitable person, the judge may nominate and appoint the guardian in the same manner as if the minor were under the age of fourteen years.

Sec. 4. When a guardian has been appointed by the court for a Minor on arriving minor under the age of fourteen years, the minor at any time after nate guardians. he attains that age may appoint his own guardian, subject to the approval of the Probate Judge.

Sec. 5. The father of the minor, if living, and in case of his decease Father or mother the mother while she remains unmarried, being themselves respectively guardianship. competent to transact their own business, and not otherwise unsuitable, shall be entitled to the guardianship of the minor.

Sec. 6. If the minor have no father or mother living, and compe- father or mother. tent to have the custody and care of the education of such minor, the guardian so appointed shall have the custody and tuition of his ward.

Sec. 7. Every guardian appointed as aforesaid shall have the Powers and custody and tuition of the minor, and the care and management of guardian. his estate until such minor shall arrive at the age of twenty-one years, or shall marry; or until the guardian shall be discharged according to law.

Sec. 8. Before appointing any person guardian of a minor, the Bond of judge shall require of such person a bond to the minor, with sufficient guardian. sureties to be approved by the judge, and in such sum as he shall order, conditioned as follows: 1. To make a true inventory of all the estate, real and personal, of his ward, that shall come to his possession or knowledge; and to return the same within such time as the judge shall order: 2. To dispose of and manage all such estate according to law, and for the best interest of the ward, and faithfully to discharge his trust in relation thereto; and also in relation to the care, custody, and education of the ward: 3. To render an account on oath of the property, estate, and moneys of the ward in his hands; and all proceeds or interest derived therefrom, and of the management and disposition of the same within one year after his appoint

duties of

ment, and at such other times as the court shall direct : and, 4. At the expiration of his trust to settle his accounts with the Probate Judge, or with the ward if he be of full ge, or his legal representatives; and to pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the

person or persons who shall be lawfully entitled thereto. Maintenance of Sec. 9. If any minor, who has a fat' er living, has property, the inminor out of income of his come of which is sufficient for his maintenance and education in a own property.

manner more expensive than his father can reasonably afford, regard being had to the situation of the father's family, and to all the circumstances of the case; the expenses of the education and maintenance of such minor may be defrayed out of the income of his own property in whole or in part, as shall be judged reasonable and shall be directed by the Probate Court; and the charges therefor

may

be allowed accordingly in the settlement of the accounts of his guardian. Father may by Sec. 10. The father of every legitimate child which is a minor, will appoint a guardian. may, by his last will in writing, appoint a guardian or guardians for

his minor children, whether born at the time of making such will or afterwards, to continue during the minority of such child, or for any less time; and every such testamentary guardian shall give bond in like manner, and with like condition as herein before required; and he shall have the same powers, and shall perform the same duties with regard to the person and estate of the ward, as a guardian

appointed as aforesaid. Power of courts Sec. 11. Nothing contained in this act shall affect or impair the to appoint guardians and power of any court to appoint a guardian to defend the interests of impaired. any minor interested in any suit or matter pending therein; nor to

appoint or allow any person, as the next friend of a minor, to com

mence and prosecute any suit in his behalf. Cases of persons Sec. 12. Whenever it shall be represented to the Probate Judge alleged to be incompetent to upon petition, under oath, by any relative or friend of any insane per

son, or of any person who, by reason of extreme old age, or other investigated by Probate Judge. cause, is mentally incompetent to manage his property, that such

person is insane, or mentally incompetent to manage his property; said Judge shall cause a notice to be given to the supposed insane or incompetent person, of the time and place of hearing the case, not less than five days before the time so appointed; and shall also cause such

person, if able to attend, to be produced before him on the

hearing Probate Judge

Sec. 13. If after a full hearing and examination upon such petimay appoint a guardian.

tion, it shall appear to the Probate Judge that the person in question

next friend not

manage their property to be

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