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District attorney Sec. 107. It shall be the duty of the district attorney of each disto present all violations of act trict court to present all violations of the provisions of this act, to grand jury.

which may come to his knowledge, to the special consideration of the proper grand jury.

Sec. 108. But special provisions may be made by law, prescribing the mode of calling elections, of appointing the officers thereof, and of designating election precincts, otherwise than as provided in this act. (1)

CHAPTER CXLI.

AN ACT supplemental to An Act to regulate Elections," passed

March twenty-third, one thousand eight hundred and fifty[Passed May 18, 1853.]

The People of the State of California, represented in Senate and

Assembly, do enact as follows :

County clerk to Section 1. It is hereby made the duty of the county clerk of each
transmit returns
of election for county of this state, within ten days after the receipt of the returns
state officers to
secretary of state. of

any
election for

governor and lieutenant governor, held in obedience to law, to make out a true statement of said returns, showing the vote at each precinct in his county, certify the correctness of said statement under his hand and the seal of his court, and transmit the same, endorsed “ Election returns for governor and lieutenant governor," to the secretary of state to be filed and preserved among the state archives.

Sec. 2. Said clerk shall in like manner make out, certify and translegislature. mit to the secretary of state, for the same purpose, a statement of any

and all returns of election for members of the senate and assembly of the state legislature, county judge, county clerk, sheriff

, assessor, collector, attorney, supervisor and coroner, which may be received at his

office. Governor to issue Sec. 3. On the reception of the statement aforesaid by the secreto county judges tary of state, it shall be the duty of the governor to issue commissions

, under the same rules and conditions as other officers are commissioned, to the persons receiving the highest number of votes for county judge and county clerk.

Also returns for members of

commissions

clerks.

(1) This is an additional section from Stat. 1851, page 183.

CHAPTER CXLII.

AN ACT concerning Lawful Fences, and Animals trespassing on

Premises lawfully inclosed. [Passed March 30, 1850.)

The People of the State of California, represented in Senate and

Assembly, do enact as follows:

defined.

Section 1. Every inclosure shall be deemed a lawful fence, which Lawful fence is four and a half feet high, if made of stone; and if made of rails, five and a half feet high; if made upon the embankment of a ditch three feet high from the bottom of the ditch, the fence shall be two feet high ; said fence to be substantial and reasonably strong, and made so close that stock cannot get their heads through it, and if made to turn small stock, sufficiently tight to keep such stock out. A hedge fence shall be considered a lawful fence if five feet high and sufficiently close to turn stock.

Sec. 2. If any horses, mules, jacks, jennies, hogs, sheep, goats, or Tresspasses by any head of neat cattle shall break into any grounds inclosed by a grounds inclosed lawful fence, the owner or manager of such animals shall be liable to fence. the owner of said inclosed premises for all damages sustained by such trespass; and if the trespass is repeated by neglect of the owner of such stock, he shall, for the second offence, be subject to double the damages sustained by the owners of said premises.

Sec. 3. If any owner or occupier of any grounds or crops injured Penalty on by any animal or animals breaking into or entering on grounds not occupiers of lands inclosed by a lawful fence, shall kill, maim, or materially hurt or in- a lawful fence for jure any animal doing such injury, he shall be liable to the owner for entering on such

lands. all damages, and also all costs that may accrue in a suit for such damages.

CHAPTER CXLIII.

AN ACT concerning the Organization of the Militia. (1) [Passed

April 10, 1850.]
The People of the State of California, represented in Senate and

Assembly, do enact as follows :

SECTION 1. All free, white, able-bodied male citizens, between the who subject ages of eighteen and forty-five years, residing in this state, and not to military duty.

(1) For another act on the same subject, see next chapter.

Exemptions.

volunteers to consist of four divisions and

Ist division

2d division.

exempt by law, shall be subject to military duty, and enrolled as hereinafter directed.

Sec. 2. The following named persons only shall be exempt from the performance of military duty, except in time of war, invasion, or insurrection, viz. All persons who have served one complete term of enlistment, or service in the military or naval service of the United States in time of war; and all officers or members of volunteer or

independent companies within this state. Proof of exemption.

Sec. 3. All persons exempt by law, may prove their exemption either by oral or written evidence, or by their own testimony; and all courts and persons having a right, by law, to inquire concerning the grounds of such exemption, are hereby authorized to administer all oaths which may be necessary to satisfy themselves concerning such

exemption. Militia and SEC. 4. The enrolled militia and volunteer or independent compa

nies of this state shall be organized into four divisions and eight eight brigades. brigades, as follows:

Sec. 5. The counties of Trinity, Shasta, Butte, Yuba, Sutter, El Dorado, and Sacramento, shall compose the first division. The counties of Colusi, Yolo, Napa, Solano, Sonoma, Mendocino, and Marin, shall compose the second division. The counties of San Francisco, Santa Clara, Contra Costa, San Joaquin, Calaveras, Tuolumne, and Mariposa, shall compose the third division. The counties of Branci. forte or Santa Cruz, Monterey, San Luis Obispo, Los Angeles, Santa Barbara, and San Diego, shall compose the fourth division. The

counties of Trinity, Shasta, Butte, Yuba, and Sutter, shall compose 1st brigade of 1st the first brigade of the first division. The counties of El Dorado 20 brigade of 1st and Sacramento shall compose the second brigade of the first division,

The counties of Colusi, Yolo, Napa, and Solano, shall compose the dit brigade of 2d first brigade of the second division. The counties of Sonoma, Mendoci20 brigade of 2d

no, and Marin, shall division

compose the second brigade of the second divi. vision. The counties of San Francisco, Santa Clara, and Contra 1st brigade of 3a Costa, shall compose the first brigade of the third division. The

counties of San Joaquin, Calaveras, Tuolumne, and Mariposa, shall 20 brigade of 3d compose the second brigade of the third division. The counties of 1st brigade of Ath Branciforte or Santa Cruz, and Monterey, shall compose the first bri

gade of the fourth division. The counties of San Luis Obispo, San2a brigade of 4th ta Barbara, Los Angeles, and San Diego, shall compose the second

brigade of the fourth division.

Sec. 6. The governor of the state shall be commander-in-chief of

all the forces of the state. Governor to Sec. 7. The commander-in-chief may nominate and appoint two

3d division.

4th division.

division.

division.

division.

division

Governor commander-in-chier.

aides-de-camp.

by governor

be commissioned

aides-de-camp, who shall rank respectively as colonels of cavalry, and appoint two who shall continue in office for the same term with the commander-inchief by whom they were appointed.

Sec. 8. The legislature shall elect, by joint ballot, four major gen- Legislature to erals and eight brigadier generals, who shall hold their office during generals and

eight brigadier good behavior, or until their successors in office shall be appointed, generals. or elected and qualified.

Sec. 9. The legislature shall elect, by joint ballot, one adjutant Legislature to general, to rank as brigadier general, and one quartermaster general, general, quarterto rank as brigadier general, who shall hold office respectively, until and brigadier

general. the first day of January A. D. 1854, or until their successors in office shall be duly appointed, or elected and qualified.

Sec. 10. Except the commander-in-chief, all the officers hereby crea- Officers, except ted, shall be commissioned by the governor, and shall take the oath of be commissioned office prescribed by the constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be endorsed on their commission.

Sec. 11. All other staff or commissioned officers, who may be ap- Other officers to pointed or elected under the provisions of this act, shall be commis- by governor sioned by the governor, and shall take the oath of office prescribed by the constitution, a copy of which oath shall be endorsed on their commission. Sec. 12. The adjutant general shall keep his office at the seat of Adjutant

general's office, government, and shall keep the same open for business every day where to be (Sundays excepted), from the hours of 11 o'clock A. M. to 3 o'clock P. M. of each day. Sec. 13. It shall be the duty of the adjutant general to receive Duties of

adjutant general. and safely keep all reports made to him by the county assessors concerning the number of the enrolled militia in each county, all muster rolls of volunteers or independent companies, all returns and reports made to him by any civil or military officer, relative to the enrolled militia, to the military officers of this state, and to all volunteer or independent companies, and to perform all other duties which may be required of him by law.

Sec. 14. In case of a vacancy in the office of the adjutant general, Appointment of the commander-in-chief shall have power to appoint his successor, of vacancy. who shall hold office until the next meeting of the legislature, and until his successor is elected, or appointed, and qualified, if such vacancy occurs when the legislature is not in session.

Sec. 15. He shall report to the governor, on the fifteenth day of To report December, annually, to be laid before the legislature: 1. The num- governor ber of enrolled militia in each county of this state. 2. The total number of enrolled militia in this state. 3. The number of volun

kept, etc.

successor in case

as specified

successor.

where to be

duties,

teer or independent companies in this state ; the number of volunteers belonging to such companies, and the total number of volunteers according to the muster roll in the state ; how many companies are of infantry, how many of riflemen and artillery, and how many are mounted; and shall make such suggestions as he thinks proper for

the improvement of the militia system of this state. To deliver Sec. 16. At the expiration of his term of office, he shall turn over documents to

to his successor in office all the reports, muster rolls, returns, papers,

money, and effects, belonging to his office, in good order. Salary.

Sec. 17. He shall receive a salary of one thousand dollars annu

ally, to be paid in quarterly instalments out of the military fund. Quartermaster Sec. 18. The quartermaster general shall keep his office at the general's office,

seat of government, and shall keep the same open for business every kept, etc.

day (Sundays excepted), from the hours of 11 o'clock, A. M. to 3

o'clock P. M. of each day. To give bond for Sec. 19. He shall give bond to the state of California, with good performance of

sureties, to be approved by the governor, in the sum of five thousand dollars, conditioned that he will faithfully perform all the duties en

joined on him by law. Duties of Sec. 20. It shall be the duty of the quartermaster general to quartermaster general. carefully guard and provide a suitable place for the preservation of

all arms, ordnance, ammunition, military clothing, military supplies, musical instruments, colors, and other effects, granted by the United States to the state of California, or which may be purchased by the state, or in any other manner may become the property of the state.

Sec. 21. He shall not leave the state during his term of office, up

less by the consent of the governor. Vacancy in office, how supplied.

SEC. 22. In case a vacancy occurs in the office of quartermaster general when the legislature is not in session, the governor shall have power to appoint his successor ; who shall hold office until the next meeting of the legislature, and until his successor is elected, or ap

pointed, and qualified. To report annu Sec. 23. He shall report to the governor, on the fifteenth day of ally to governor

December, A. D. 1850: 1. An account of all arms, ordnance, ammunition, military clothing, military supplies, musical instruments, colors, and other effects, which have come into his possession, since the first day of January, A. D. 1850; and, after the first report, shall report on the fifteenth day of December in each year, all that have come into his possession since the last preceding annual report, and how, when, and from what source they came into his possession ; 2. An account of all articles issued or expended since the last an.

Not to leave the state.

as specified.

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