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order is to be
Sheriff to give Sec. 53. Whenever any sheriff shall receive such order from the notice of order.
commander-in-chief, he shall post up within the limits of each town in the county a public notice, requiring all the enrolled militia of the county to assemble at such day of the month, and hour of the day, and place, as he may direct, stating therein the substance of the order received by him from the commander-in-chief; and said notices shall be posted up by the sheriff as soon as possible after the reception of the governor's order, and in the most public place, and shall be posted up in each town at least five days before the time mentioned
in said notice for the assemblage of said enrolled militia. Manner in which
Sec. 54. Every person subject to military duty not exempt by law, obeyed. and who is not enrolled as a member of some volunteer or indepen
dent company in said county, who is then residing in the county, and whose name is listed by the county assessor as required by law, shall appear, and is hereby required to appear, at the time and place named by the sheriff in the before mentioned notice, and for the purposes specified in said notice; and in case the militia are required to appear armed and accoutred, it shall be the duty of every person subject to military duty as aforesaid, to appear at the time and place mentioned, armed with a good rifle or musket, and sufficient accou. trements, and with at least one pound of powder and four pounds of
lead, with three good flints, or one hundred percussion caps. Penalty for
Sec. 55. In case any person subject to military duty, and not exempt by law, whose name is listed among the enrolled militia, and who is residing in the county where his name is enrolled, shall neglect or refuse to appear at the time and place named, as required by the last preceding section, he shall be subject to a fine not exceed. ing two hundred dollars, to be recovered by an action in the name of the people of this state against the person so neglecting or refusing to appear, before any justice of the peace of the county in which he resides, and the sheriff is hereby required to give information to the county attorney of the names of all such delinquents, who is hereby
required to institute the action as aforesaid. Sheriff to raise Sec. 56. The sheriff of any county upon which a call has been number of men made by the commander-in-chief, and who has given notice as herein
directed to the enrolled militia of his proper county, shall appear at the time and place mentioned in said notice for the purpose of raising from the enrolled militia such number of men as may be required by
the order of the commander-in-chief. When sufficient Sec. 57. At the time and place mentioned in the notice above menfill requisition of tioned, the sheriff shall call the enrolled militia then and there assemproceed with bled to order
, shall state to them the reasons why they are so called
neglecting to obey order.
mentioned in order.
men volunteer to
order, sheriff to
to draw to make
together, and read the order directed to him from the commander-in-them to place
indicated by chief; he shall then ask for volunteers sufficient in number to fill the order. requisition or order from the commander-in-chief, and provided a sufficient number of men fit for military duty to fill said requisition or order, offer themselves for service, he shall make a list of the names of all such volunteers, shall take the charge and direction of them, and shall proceed with them to the place and at the time directed by the commander-in-chief in his order, and shall report himself with his force to the person to whom he is directed to report.
Sec. 58. In case no person volunteers, or in case a sufficient num- Where suficient ber of persons, subject to military duty, to fill the requisition of the volunteer, sheriff commander-in-chief shall not volunteer, the sheriff shall proceed to number required. draw, in a fair and impartial manner, from the remaining persons present and subject to military duty, a sufficient number to fill up the said requisition; shall then take the charge and direction of all such persons, and shall proceed with them to the place and at the time indicated by the commander-in-chief in his order, and shall report himself with his force to the person to whom he is directed to report. Sec. 59. Any person, when drafted according to the provisions of Penalty for
refusing to obey the last section, who shall refuse to obey the order of the sheriff to sheriff. proceed to the place of rendezvous, shall be subject to a fine not exceeding one thousand dollars, to be recovered by an action brought by the county attorney before any court of competent jurisdiction, upon information given to him by the sheriff.
Sec. 60. After the militia or volunteers so called into service, have Militia and been reported at the place of rendezvous to the officer authorized by called into service the governor to take charge of such force, he shall organize said mili- into companies tia into companies, battalions, and regiments and brigades. Each regiments, and
brigades. company shall choose its own commissioned and non-commissioned officers, which shall be the same as authorized by law in the army of the United States; each separate battalion, which shall consist of four, five, or six companies, shall have the power to elect one major, who shall command the battalion, and who may appoint one adjutant from the number of subaltern officers. Each regiment shall have the right to elect one colonel, one lieutenant colonel, and one major, from its own number; and any brigade, when called into service, shall be commanded by one of the major generals, or brigadier generals, elected under the provisions of this act. And all other necessary military officers that are provided for by the existing military laws of the United States, may be elected as aforesaid, and if not so elected, may be appointed by the commander-in-chief.
AN ACT concerning the Organization of the Militia. (1) [Passed
May 1, 1852.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Persons subject SECTION 1. All free, able-bodied, white citizens, between the ages to military duty.
of eighteen and forty-five years, residing in this state and not exempt by law, shall be subject to military duty, and shall be enrolled as
hereinafter directed. Military districts. Sec. 2. The enrolled militia and volunteers, or independent com
panies, of this state, shall be organized into seven military districts,
as follows: Counties embraced in
Sec. 3. The counties of San Diego, Los Angeles, Santa Barbara, each district.
San Luis Obispo, and Monterey, shall compose the first military district. The counties of Santa Cruz, Santa Clara, Contra Costa and San Francisco, shall compose the second military district. The counties of Calaveras, Tuolumne, San Joaquin and Mariposa, shall compose the third military district. The counties of Yolo, Marin, Sonoma, Napa, Solano and Mendocino, shall compose the fourth military district. The counties of Trinity, Klamath and Shasta, shall compose the fifth military district. The counties of Colusi, Butte, Yuba and Nevada, shall compose the sixth military district. The counties of Sacramento, Sutter, Placer and El Dorado, shall compose the serenth
military district. Independent Sec. 4. Each county shall have the right and power to organize companies.
one or more independent companies, who shall be governed by rules,
regulations and laws, that they shall choose to adopt : Provided, they Organization. are in accordance with the rules, regulations and laws, governing the
army of the United States.
Sec. 5. Each independent company is authorized to call on the equipments. governor for arms and equipments, necessary for said company, and
it shall be the duty of the governor to instruct the quartermaster general to issue the same, if they are in his hands, and to take bonds and security therefor; that all volunteer companies organized under the provisions of this act, shall be considered and are hereby declared incorporated, possessing the rights to enact and enforce such by-laws
State to furnish arins and
(1) For act on same subject, see preceding chapter.
and regulations, as they may deem proper for their own government: Provided they do not conflict with the constitution and laws of the Conditions. United States and the state of California.
Sec. 6. The commander-in-chief may nominate and appoint seven Aids-de-camp. aids-de-camp, who shall rank, respectively, as colonels of cavalry, and who shall continue in office for the same term as the commander-inchief, by whom they were appointed. The legislature, after the passage of this act, shall, in joint convention, elect a quartermaster Quartermaster
general general, who shall also perform the duties of adjutant general, and shall rank as brigadier general, and who shall hold his office for the term of four years. Sec. 7. All the officers hereby created, shall be commissioned by the Officers to be
commissioned by governor, and shall take the oath of office, prescribed by the consti- the governor. tution, before some officer authorized by law to administer oaths, a copy of which oath shall be endorsed on their commissions. Sec. 8. It shall be the duty of the quartermaster general, to care- Duty of the
quartermaster fully guard and provide a suitable place for the preservation of all general. arms, ammunitions, ordnance, 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 ; also to receive and keep all reports and returns, made to him by the aids-de-camp, concerning the number of enrolled militia, in each militia district, all muster rolls of independent or volunteer companies, which may be required of him by law. Sec. 9. He shall report to the governor on the fifteenth day of to report
annually. December, annually, to be laid before the legislature: First, an account of all arms, ordnance, ammunition, military clothing, mil Contents. itary supplies, musical instruments, colors and other effects, which may have come into his possession, how, when and from what source, since the commencement of his term of office. Second, an account of all articles issued or expended since the last annual report, to whom issued or how expended, and by whose orders. Third, a statement of the present condition of all effects in his possession. Fourth, how much money has been expended for the care, repairs and preservation of the arms and other effects of the state, since his last annual report. But in no case shall he expend for rent, taking care Expenditures. of arms, or for any purpose whatever, a sum exceeding one thousand dollars over and above the amount of his salary.
Sec. 10. The quartermaster general, at the expiration of his term Successor in of office, shall turn over to his successor in office, in good order, all His duties. arms, ammunition, ordnance, and all other military effects of every
kind, and all reports, returns, receipts, bonds, money and other effects belonging to his office.
Sec. 11. He shall give bonds to the state of California, with good securities, to be approved by the governor, in the sum of twenty-five thousand dollars, conditioned that he will faithfully perform all the
duties enjoined on him by law. Distribution of Sec. 12. He shall issue to the commanding officer, of any volunteer arms, etc.
company, or to any military officer, on a proper requisition, approved by the commander-in-chief, such portion of the arms, ammunition, ordnance and other military effects, as shall be exactly designated in such requisition, taking a duplicate receipt signed by the person bear
ing the requisition. Salary of Sec. 13. He shall receive a salary of two thousand dollars, to be quartermaster.
paid in quarterly instalments, out of the state treasury not otherwise
appropriated. Assessor to
Sec. 14. Each county assessor shall, at the same time in each year, report persons subject to
when he prepares a roll, containing the names of all the taxable inhabimilitary duty.
tants in his county, make out a separate and distinct list of all persons subject to military duty, who are not exempt by law, and who are not members of any volunteer or military company, and on or before the first Monday in August, of each year, shall transmit a copy of said list, testified to be correct by him, to the aid-de-camp of his district, and shall deposit the original list in the office of the clerk of the county.
Sec. 15. It shall be the duty of the respective aids-de-camp, to Duty of aids-de-camp.
make out a list from the county assessor's militia roll, on or before the first day of October, in each year, of all the inhabitants subject to military duty, within his district, stating the number in each county, separately, of which list he shall forward to the quartermaster gene
ral, a copy, and file the original in his office. Requisition of Sec. 16. In case of war, insurrection or rebellion, or the resistance States upon the of the execution of the laws of the state, or upon the call or requisition governor, in
of the United States, upon the governor of this state, for troops, or upon the call or requisition of any officer of the army of the United States, commanding a military division, department or district, the commander-in-chief is authorized to call for such portion of the enrolled militia of this state, by an order directed to all or any aid-decamp, of the different districts in the state, as he in his discretion may deem necessary, and also to call upon all or any of the volunteer or independent companies of the state, by an order directed to the commanding officer, of each of such companies, as he may decide to call into the service, mentioning in each order, the time and place of ren
case of war.