2086. Penally for refusal to pay over certain moneys.

SEC. 2086. Every commissioned officer refusing to pay over moneys in his hands, which came into his possession by virtue of his position as an officer of the national guard, shall be liable to be tried and cashiered, or otherwise punished therefor, by a court-martial. [New section, approved March 12, 1878; Amendments 1877-8, 38; took effect immediately.]

2087. Fines and penalties.

SEC. 2087. Every commissioned officer and every enlisted man shall, on due conviction, be subject for the following offenses to the fines and penalties thereto annexed:

1. Every commissioned officer, for non-attendance at any parade or encampment, and every such officer or enlisted man neglecting or refusing to obey the orders of his superior officers on any day of parade or encampment, or to perform such military duty or exercise as may be required, or departing from his colors, post, or guard, or leaving his place or ranks without permission, a fine not more than one hundred nor less than five dollars;

2. Every enlisted man, for non-appearance, when duly warned or summoned at a troop, battery, or company drill, or parade, a fine of two dollars for each offense, and in case of a troop parading mounted, a fine of six dollars for each officer; at a regimental or battalion parade, not less than three nor more than six dollars for each offense, and at a place of rendezvous, when called into actual service in case of war, insurrection, or invasion, or imminent danger thereof, a sum not exceeding twelve months' pay nor less than one month's pay; and for disobedience of orders or disrespectful or insubordinate conduct, a fine not exceeding fifty dollars; and also, in the discretion of the court, the offender shall be liable to dishonorable discharge from the command to which he belongs;

3. Every commissioned officer, or non-commissioned officer, for neglecting or refusing to obey any order or warrant to him lawfully given or directed, or to make a proper return, or neglecting or refusing, when required, to summon a delinquent before a court-martial, or duly to return such summons, a fine of not more than one hundred nor less than five dollars. [New section, approved March 12, 1878; Amendments 1877-8, 38; took effect immediately.]

CHAPTER V.

THE BOARD OF MILITARY AUDITORS.

2093. Board of military auditors.

SEC. 2093. The commander-in-chief, adjutant-general, and the attorneygeneral constitute a board of military auditors. The commander-in-chief is president, and the adjutant-general is secretary; and the board must have a seal, which must be attached to all accounts audited by them; and said board is authorized to withhold any demand or allowance when it appears to them that the claim therefor is incorrect, unjust, or fraudulent, until such time as proper and satisfactcry vouchers for all moneys expended and included in the claim shall be produced. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 105; took effect from passage; repealed inconsistent acts.] 2094. Amounts to be paid to each company.

SEC. 2094. There must be audited and allowed by the board of military auditors, and paid out of the appropriations for military purposes upon the warrant of the state controller, to the commanding officer of each infantry or

artillery company of the national guard, the sum of one hundred dollars per month; to the commanding officer of each artillery company and gatling gun battery having not less than four guns with which they regularly drill and parade, the sum of two hundred dollars per month; and to the commanding officer of each cavalry company, the sum of one hundred and fifty dollars per month-the sums so paid to be used for armory rent, care of arms, and proper incidental expenses of the company. There must also be audited, allowed, and paid out of the same appropriation, to the commanding officer of each regiment or battalion, the sum of five dollars per month for each company in his command, for clerical expenses; and if the regiment or battalion has more than four companies, and has attached to it an organized and uniformed band of not less than twelve pieces, the additional sum of twenty-five dollars per month for such band; to each brigadier-general, five dollars per month for each company in his command; and to the major-general, six hundred dollars per annum; and to each company a sum necessary for uniforms and to keep the same in repair, not to exceed one hundred and fifty dollars per annum; and to the adjutant-general three thousand five hundred dollars per annum, to be expended by him in promoting rifle practice. There shall also be paid from the military appropriations of the state the sum of six hundred dollars for the purchase of light carriages for the four gatling guns now in possession of the gatling battery, A company, second artillery regiment, second brigade, national guard California, which shall be suitable for hand service, and for the purpose of making said company a more efficient arm of the military service. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 106; took effect from passage; repealed inconsistent acts.]

2095. Allowance and payment of company's expenses.

SEC. 2095. No claim must be allowed under the provisions of the preceding section, unless an account of the expenditures for the preceding year, and ending June thirtieth, is made upon the annual muster-roll, certified to by the commanding officer as correct. The demands must be made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any field-officer of the national guard, or notary public, and transmitted through the regular military channels, with the approval of each commanding officer through whose headquarters they are required to pass. One copy of such demands shall be filed in the office of the adjutant-general, and one copy sent to the board of military auditors. [Amendment, approved April 15, 1880; Amendments 1880, 54 (Ban. ed. 219); took effect from passage.]

2096. Other duties of the board.

SEC. 2096. The board of military auditors must audit and allow all proper claims against the military fund incurred by troops in the service of the state, and officers attached to the same.

2097. Duties of controller and treasurer.

SEC. 2097. The controller of state must draw his warrants for any amount audited and allowed by the board, and the treasurer of state must pay the same out of the appropriation for military purposes. [Amendment, approved March 12, 1878; Amendments 1877-8, 39; took effect immediately.]

2098. Claims exempted from board of examiners.

SEC. 2098. Claims audited and allowed by the board of military auditors are exempt from the provisions of Article XVIII. of Chapter III., Part III., of

this code.

See ante, sec. 654.

2099. Allowances to companies. SEC. 2099. The annual sum of two hundred and fifty dollars must be audited by the board, and paid out of the appropriation for military purposes, to each company of the national guard of sixty members or over, and an amount in proportion to every company of less than sixty members. The amount so audited and allowed must be paid to the commanding officers of such companies, for the use thereof. An itemized statement of the manner in which sums have been expended must be made by such officers to the adjutant general on the thirtieth day of June in each year, together with a verified statement of the manner in which all moneys received by him from the state have been expended. [Amendment, approved April 15, 1880; Amendments 1880, 55 (Ban. ed. 219); took effect from passage.]

2100. All military property state property.

SEC. 2100. All military property paid for out of moneys allowed by the state shall be held to be the property of the state, and must be enumerated in the annual muster-roll next following its purchase. [New section, approved March 12, 1878; Amendments 1877-8, 41; took effect immediately.]

CHAPTER VI.

ADJUTANT-GENERAL.

2107. General duties of adjutant-general.

SEC. 2107. It is the duty of the adjutant-general:

1. To keep and preserve the arms, accouterments, ammunition, and other military property belonging to the state;

2. To keep on file in his office all returns and reports made to him;

3. To keep an account, in a manner directed by the commander-in-chief, of all moneys received or disbursed by him;

of

4. To prepare and keep all blank forms required for the service;

5. To attest all commissions issued to military officers;

6. To authenticate, with his official seal, all papers issued from his office;

7. To make out and transmit the annual militia returns prescribed by the act

congress of March second, eighteen hundred and three;

8. To perform such other duties as are required by the provisions of this title. [Amendment, approved January 20, 1876; Amendments 1875-6, 31; took effect from passage.]

The act of March 12, 1878 (Amendments As the section so amended was not re-enacted 1877-8, 40, took effect immediately), purports or published at length, its constitutionality is to amend "paragraph four" of section 2107. doubtful.

Duty of adjutant-general.

SEC. 2107. Paragraph four. To cause so much of the militia laws as shall be in force to be printed and bound in proper form, and distributed, one copy to each commissioned officer, supervisors' clerk, and county assessor in the state, and also to prepare and cause to be furnished to the national guard, at the expense of the state, all necessary blank-books, blank forms, and notices to carry into full effect the provisions of this section; and the controller is hereby directed after having the approval of the board of military auditors. to draw his warrant on the treasurer of the state for the expenses incurred under this section,

2108. Report.

SEC. 2108. He must report to the governor a statement:

1. Of all moneys received or disbursed by him since his preceding report; 2. An account of all arms, accouterments, ammunition, and military property belonging to the state, from what source received, and to whom issued;

3. Of the present condition of all such property under his charge;

4. The number and condition of the national guard and of the enrolled militia of the state.

2109. To act as chief of staff.

SEC. 2109. He is ex officio chief of staff, quartermaster-general, commissarygeneral, inspector-general, and chief of ordnance.

2110. Appointment of assistant adjutant-general.

SEC. 2110. There shall be an assistant adjutant-general of California, who shall rank as colonel on the staff of the governor and commander-in-chief. He shall be appointed by the adjutant-general, and hold office at his pleasure. [Amendment, approved March 4, 1881; Statutes and Amendments 1881, 32; took effect immediately.]

2111. Transportation of arms.

SEC. 2111. The transportation of arms, equipments, and military stores issued to troops, or received by the state, and all other military transportation, must be contracted for by the adjutant-general, under the direction of the commander-in-chief, and vouchers for such transportation, when audited by the state board of military auditors, must be paid from the appropriation for military purposes, on the warrant of the controller. [Amendment, approved March 12, 1878; Amendments 1877-8, 40; took effect immediately.]

2112. Salary of armorer.

Section 2112, giving an annual salary of one thousand eight hundred dollars to the armorer, 2113. Salary of adjutant-general.

was repealed by act of January 20, 1876; Amend. ments 1875-6, 31; took effect from passage.

SEC. 2113. The annual salary of the adjutant-general is three thousand dollars.

2114. Salary of assistant adjutant-general.

SEC. 2114. The annual salary of the assistant adjutant-general is one thousand eight hundred dollars. [Amendment, approved April 1, 1878; Amendments 1877-8, 5; took effect from and after December 1, 1879.]

2115. Salaries, when and out of what fund payable.

SEC. 2115. The salaries provided for in this chapter are payable monthly out of the general fund in the state treasury.

2116. Official bond.

SEC. 2116. The adjutant-general must execute an official bond in the sum of twenty-five thousand dollars.

2117. Title in force, etc.

SEC. 2117. The provisions of this title shall be in force and effect from and after the first day of May, eighteen hundred and seventy-two. The adjutantgeneral is hereby directed to have prepared and printed for the use of the national guard of the state, whenever in his judgment it may be deemed necessary, the laws and regulations authorized by section nineteen hundred and forty-one of the Political Code. After distributing a sufficient number to the officers of the national guard, the remaining copies may be sold to members of companies and regiments, and to all others who may desire to purchase the same. The price of copies sold shall not exceed one dollar. The money thus received shall be paid by the adjutant-general into the state treasury at the end of each month. The moneys thus received by the state treasury shall be placed

to the credit of the general fund. The number of copies authorized by this section shall not exceed three thousand (3,000) in any one year. [Amendment, approved March 4, 1881; Statutes and Amendments 1881, 33; took effect immediately.]

II. MEDICAL SUPERINTENDENT..
III. ASSISTANT PHYSICIANS

IV. TREASURER...

V. GENERAL PROVISIONS.....

VI. EXAMINATION AND COMMITTAL OF INSANE PERSONS

Home of inebriates: See Statutes in Force.

2136

2150

2165

2179

2193

2210

be conducted under existing statutes:" Com

missioners' note.

"The Home of the Inebriates, located at San Home for feeble-minded children: See Francisco, is, properly speaking, a local institu- Statutes in Force. tion receiving aid from the state, and is left to Home for adult blind: Id.

ARTICLE I.

THE BOARD OF DIRECTORS OF THE INSANE ASYLUM.

2136. Under control of board of directors.

SEC. 2136. The insane asylum, located at Stockton, is under the management and control of a board of directors, consisting of five persons appointed and holding their offices as provided in Title I., Part III., of this code.

See ante, 368, 369. Vacancy in board under former statute: See People v. Parker, 37 Cal. 639.

2137. Powers and duties of board.

SEC. 2137. The powers and duties of the board of directors of the insane asylum are as follows:

1. To make by-laws not inconsistent with the laws of the state for their own government, and the government of the asylum;

2. To hold stated meetings at the asylum for the transaction of business on the first Monday of each month;

3. To keep a record of their proceedings, open at all times to the inspection of any citizen;

4. To elect a medical superintendent, two assistant physicians, and a treasurer; 5. To provide on the asylum grounds suitable apartments, furniture, provisions, and lights for the medical superintendent and his family, and to allow a sum not exceeding one hundred and fifty dollars per month to each of the assistant physicians for the subsistence of themselves and their families;

6. To make diligent inquiry into the departments of labor and expense, the condition of the asylum, and its property;

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