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mary court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must thereafter issue a warrant under his hand, directed to any sheriff or constable of the county commanding him to levy and collect such fines, together with the costs, upon and out of the property of the person against whom the fine or penalty was imposed; and such warrant shall be executed and renewed in the same manner as executions from the justices' courts are executed and renewed. All fines collected shall be paid by the officer collecting the same to the commanding officer of the organization of which the person fined is or was a member, and accounted for by said commanding officer in the same manner as are other state funds.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 275; amended March 22, 1909, Stats, and Amdts. 1909, p. 633; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats. and Amdts. 1917, p. 314. in effect immediately.

$ 2027. FINES AND PENALTIES FOR NON-ATTENDANCE AT PARADES, ETC. [repealed).

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 275; repealed May 10, 1917, Stats, and Amdts, 1917, p. 302. In effect immediately.

ARTICLE VII.

PAY AND ALLOWANCE. 8 2079. Allowances for military organizations. Military fund. [Salaries of officers.]

8 2086. Salaries, adjutant general's department. 8 2079. ALLOWANCES FOR MILITARY ORGANIZATIONS. MILITARY FUND. [SALARIES OF OFFICERS.] There must be audited and allowed by the adjutant general and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the commanding officer of each infantry, coast artillery, engineer, field hospital, ambulance company, and the headquarters company of each regi. ment of infantry, and each division and marine company of the naval militia, except the engineer division of the naval militia, the sum of one hundred fifty dollars per month; to the commanding officer of each machine gun company, signal company, troop of cavalry, battery of field artillery, supply company, and the engineer divisions of the naval militia, the sum of two hundred dollars per month; to each supply company of separate battalions and squadrons the sum of seventy-five dollars per month; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, field hospital, or division. There shall be audited, allowed, and paid out of the same appropriation to the commanding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of the naval militia the sum of two hundred dollars per month; to the commanding officer of each regiment of infantry, and to the commanding officer of each unit of coast artillery corresponding to a regi. ment of infantry, two hundred dollars per month; to the commanding officer of each separate battalion of field artillery, naval militia, engineer troops and squadron of cavalry, the sum of fifty dollars per month, and to the commanding officer of each separate fort command, coast artillery, the sum of twenty-five dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding officer of the organization for which said sums are audited, allowed and paid. There shall be audited, allowed and paid to the commanding officer of the naval militia, the adjutant of each regiment of infantry and coast artillery, which shall have attached to it a uniformed and organized band of not less than twenty-five men, the sum of seventy-five dollars per month for such band; to the chief surgeon the sum of fifty dollars per month for rent and proper incidental expenses; and to the adjutant general [the] sum of fifteen thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutant general, and paid out of the appropriation for military purposes, to the medical officer in charge of each detachment of the inedical department on duty with each regiment of infantry, coast artillery, the naval militia, separate battalions and squadrons, the sum of fifty dollars per month for rent and proper incidental expenses of such detachments, and to the medical officer in charge of detachment of the medical corps attached to each separate fort command, coast artillery the sum of ten dollars per month for proper incidental expenses. No claim shall be allowed under the provisions of this section except upon demand made quarterly in duplicate, signed and sworn to by the officer claiming the same before any officer of the national guard, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or separate squadron, or naval militia, with the approval of each commanding officer through whose headquarters they are required to pass, direct to the adjutant general; provided, that the adjutant general may make expenditures at any time for the promotion of target practice, out of the appropriation for that purpose herein provided for.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 278; amended March 21, 1907, Stats, and Amdts. 1907, p. 831, Kerr's Stats. and Amdts. 1906-7, p. 119; March 22, 1909, Stats. and Amdts. 1909, p. 634; March 9, 1911, Stats, and Amdts. 1911, p. 330; June 16, 1913, Stats, and Amdts. 1913, p. 1115; May 20, 1915, Stats. and Amdts, 1915, p. 675; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 314. In effect immediately.

8 2086. SALARIES, ADJUTANT GENERAL'S DEPARTMENT. There shall be allowed and paid out of the general fund in the state treasury to officers, clerks and other employees in the adjutant general's department, the following salaries payable monthly: To the brigadier general of the adjutant general's department (the adjutant general) a sum not to exceed five thousand dollars per annum' to be fixed by the governor; to the lieutenant colonel of the adjutant general's department, three thousand dollars per annum; to the chief clerk, one thousand nine hundred dollars per annum; three clerks, one thousand seven hundred dollars per annum each; one stenographer and clerk, one thousand five hundred dollars per annum; one military store. keeper, one thousand two hundred dollars per annum; one assistant military storekeeper and porter, nine hundred dollars per annum.

History: Enactment approved March 18, 1905, Stats. and Amdts. 1905, p. 279; amended March 22, 1909, Stats. and Amdts. 1909, p. 636; May 20, 1915, Stats, and Amdts. 1915, p. 676; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 316. In effect immediately.

ARTICLE VIII.

PRIVILEGES, PROHIBITIONS, ETC.

$ 2107. Armories and arsenals.

82107. ARMORIES AND ARSENALS. The adjutant general shall have control of all armories and arsenals built by the state, or that may come into possession of the state, or any building or buildings that may be erected, purchased, leased or provided by any town, city, county, or city and county, for armory or arsenal purposes pursuant to any legislative act. It shall be the duty of the adjutant general, under direction of the governor, to make and enforce regulations for the government and control of such armories, arsenals and buildings, and where appropriations have been made therefor, to advertise for and receive bids for the construction of armories, or arsenals, to enter into contract for the construction and completion thereof, to

contract for and purchase the furnishings therefor, and to purchase and lease real estate for the purpose of erecting armories or arsenals thereon; provided, that it shall be the duty of the state engineer to furnish the plans, estimates and specifications for all armories and arsenals, and to superintend the erection and construction of such buildings.

History: Enactment, relating to armory board, approved March 19, 1909, Stats. and Amdts. 1909, p. 452; amended May 20, 1915, Stats. and Amdts. 1915, p. 676; present act approved May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 316. In effect immediately.

ARTICLE IX.
NAVAL MILITIA.

$ 2111. Divisions of naval militia).
$ 2112. Application of laws, rules and regulations of United States navy.

8 2111. DIVISIONS [OF NAVAL MILITIA). The organized naval militia of California shall consist of such numbers of deck and engineer divisions and companies of marines as the commander-in-chief may, from time to time, prescribe, in conformity with the requirements of the navy department. The naval militia shall be located throughout the coast of the State of California at the discretion of the commander-in-chief. The words “division" and "company" as used in this chapter in connection with the naval militia shall have the same meaning and effect as "company" when used in connection with infantry as used in this chapter, and the word "battalion" as used in this chapter in connection with the naval militia shall have the same mean. ing and effect as “battalion" when used in connection with infantry as used in this chapter. The several divisions and companies of marines of the naval militia shall be organized into battalions at the discretion of the commander-in-chief.

History: Enactment approved March 18, 1905, Stats, and Amdts. 1905, p. 282; amended March 21, 1907, Stats, and Amdts. 1907, p. 833, Kerr's Stats, and Amdts. 1906-7, p. 120; March 22, 1909, Stats. and Amdts. 1909, p. 637; June 16, 1913, Stats. and Amdts. 1913, p. 1118; May 20, 1915, Stats, and Amdts. 1915, p. 678; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 316. In effect immediately.

8 2112. APPLICATION OF LAWS, RULES AND REGULATIONS OF UNITED STATES NAVY. The numerical strength, rank, titles and insignia of rank of the divisions and companies of marines of the naval militia shall conform to the laws, rules and regulations of the United States navy, and such rules and regulations as may be prescribed by the secretary of the navy for the naval militia. The naval militia shall be organized into one or more naval brigades, which shall consist of such administrative battalions as may be prescribed by the navy department for like number of divisions in the United States navy.

The officers, chief warrant officers, warrant officers and enlisted men of the naval militia of California shall be of such number and grades as may be prescribed by the commander-in-chief and the same shall be of the same number and grades as are authorized or prescribed by the laws and regulations of the United States for similar organizations of the United States navy, or as authorized or prescribed by said laws and regulations of the navy department for the naval militia.

All officers now serving in the active naval militia of this state, or who may here. after be commissioned therein, shall hold their positions until they shall have reached the age of sixty-four years, unless retired prior to that time by reason of resignation, disability, or for cause to be determined by a court-martial legally convened for that purpose.

[Examination for commanding officer.] In order to select a commanding officer for the naval militia the adjutant general shall nominate not to exceed three officers, not below the grade of lieutenant commander, and will cause such candidates to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission.

(Vacancies.] When vacancies occur in the commissioned personnel, the commanding officer of the naval militia will recommend not to exceed three candidates to the adjutant general, who will cause such candidates to be examined. The candidate receiving the highest rating in such examination will be recommended by the adjutant general to the governor for commission.

Chief warrant officers may be appointed by the commander-in-chief upon the recommendation of the commanding officer of the naval militia and shall receive from the commander-in-chief a commission in the same form as commissioned officers of the naval militia.

Warrant officers may be appointed by the adjutant general upon the recommendation of the commanding officer of the naval militia and warrants for warrant officers may be issued by the adjutant general upon the recommendation of the commanding officer of the naval militia.

Chief petty officers and petty officers shall be appointed by the commanding officer of the naval militia, who shall issue to such chief petty officers and petty officers a warrant in proper form.

[Organization in conformity to United States laws.] The organization of the naval militia shall conform generally to the provisions of the laws of the United States. The system of discipline and exercise shall conform to that of the navy of the United States as it is now and as it may hereafter be prescribed by congress and that prescribed by the provisions of the Political Code, relating to the national guard of California, and that prescribed by the secretary of the navy for the guidance of the naval militia;

[Powers of commander-in-chief.] the commander-in-chief shall have power to alter, divide, annex, consolidate and disband the naval militia or any portion thereof 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 to those governing the United States navy and those prescribed for the secretary of the navy for the conduct of the naval militia. The commander-inchief is authorized to apply to the President of the United States for the detail of commissioned officers and petty officers of the navy to act as inspectors and instructors in the art of naval warfare.. Summary courts-martial for the naval militia when necessary shall be ordered by the commanding officer of the naval militia and general courts-martial for the naval militia when necessary shall be ordered by the commanderin-chief and shall be organized and conducted within the laws, regulations and usages of the United States navy, and the provisions of the section relating to the military courts in this chapter. The proceedings shall be reviewed and sentence executed as provided in this chapter.

[Command of vessels loaned by United States government.] Vessels loaned by the United States government to the State of California for the use of the naval militia shall be commanded by the ranking officer for line duty resident at the port to which said vessel is assigned, and in the absence of such ranking officer for line duty, by the next ranking officer for line duty.

[When insufficient men available. In a locality where there are insuficient men available to form an engineer division and there already exists an organized deck division, men of the artificer branch may be additionally enrolled in such deck division with such ratings as they may be qualified to fill, until such time as there is a sufficient number of them to form a separate engineer division, and any men in such artificer branch may be rated in the various petty officers' ratings in the artificer branch of the naval service which they are qualified to fill. In a locality where there are insufficient men available to form a marine company and there is already existing in that locality a deck division of the naval militia, a marine section may be organized with one officer and not less than twenty enlisted marines.

Sec. 42. [Repeal.] All laws or parts of laws in so far as they are not consistent with these amendments are hereby repealed.

Sec. 43. [Urgency measure.] Inasmuch as the provisions of the existing law relating to the national guard are in conflict with the provisions of the national defense act, and the provisions herein contained are necessary to enable the national guard of this state to comply with the requirements of said national defense act, and in view of the unsettled condition of the relations of the United States with foreign powers, this act is declared to be necessary for the immediate preservation of the public peace and safety and to be an urgency measure within the meaning of section one of article four of the constitution.

History: Enactment relating to organization of naval militia, strength, rank, etc., approved March 18, 1905, Stats, and Amdts. 1905, p. 283; amended March 21, 1907, Stats, and Amdts. 1907, p. 833, Kerr's Stats. and Amdts. 1906-7, p. 121; March 22, 1909, Stats. and Amdts. 1909, p. 637; March 9, 1911, Stats, and Amdts. 1911, p. 331; June 16, 1913, Stats. and Amdts, 1913, p. 1118; May 20, 1915, Stats. and Amdts. 1915, p. 679; May 10, 1917 (repealing all acts and parts of acts inconsistent therewith), Stats, and Amdts. 1917, p. 317. In effect immediately.

TITLE V.

PUBLIC INSTITUTIONS.

CHAPTER I.

STATE COMMISSION OF LUNACY, STATE HOSPITALS, AND CARE, CUSTODY, APPREHENSION, COMMITMENT OF INSANE AND OTHER

INCOMPETENT PERSONS.

8 2141. Powers of commission.
§ 2187. Transfer of patients [from one hospital to another).

$ 2141. POWERS OF COMMISSION. The commission has power:

1. To appoint a secretary whose term of office shall be four years from and after the date of his appointment and to fix his salary, which shall not be changed during his term of office, and which shall be paid at the same time and in the same manner as are the salaries of other state officers, and to appoint such other employees as it may deem necessary and fix their compensations;

2. To appoint, by its order, a competent person to examine the books, papers, and accounts, and also into the general condition and management of any institution in this chapter mentioned, to the extent deemed necessary and specified in such order;

3. To fix the annual salaries of the resident officers and treasurers of the state hospitals, which must be uniform in all the state hospitals for the insane and as near uniform as possible in all state hospitals, and to classify the other officers and employees in grades, and determine the salaries and wages to be paid in each grade, which must be uniform in all hospitals for the insane, and as near uniform as possible in all state hospitals;

4. To determine the kind and character of all employees who shall be employed at any state hospital according to the needs and objects of the hospital;

5. To permit any religious or missionary corporation or society to erect a building on the grounds of any state hospital for the holding of religious services, said building when erected to become the property of the state and to be used exclusively for the benefit of the inmates and employees of such state hospital and subject to such regu. lations and conditions as may be determined or imposed by said commission;

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