master, one division inspector, one judge-advocate, and one surgeon, with the rank of lieutenant-colonel, two aids-de-camp, with the rank of major, and four staff orderlies, with the rank of sergeant-major, who are appointed by and hold office at the pleasure of the major-general, or until their successors are appointed and qualified. [Amendment, approved March 12, 1878; Amendments 1877-8, 36; took effect immediately.]

2007. Staff of brigade general.

SEC. 2007. The staff of each general of brigade consists of one assistant adjutant-general, who shall be chief of staff; one engineer officer, one ordnance officer, one quartermaster, one commissary, one paymaster, one brigade inspector, one judge-advocate, one inspector of rifle practice, and one surgeon, with the rank of major; two aids-de-camp, with the rank of captain; and two staff orderlies, with the rank of sergeant-major, who are appointed by the brigadier-general, and hold office at his pleasure, or until their successors are appointed and qualified. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 104; took effect from passage; repealed inconsistent acts.]

ARTICLE V.

PARADES AND DRILLS.

2018. Parade,

SEC. 2018. The national guard of California must parade at least twice in each year:

1. On the fourth of July;

2. In the month of September, for target practice.

3. These parades shall be made by brigade, regiment, battalion, or company, as may be deemed most advisible by the commander-in-chief, who shall issue orders to the national guard to carry out the provisions of this section. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 105; took effect from passage; repealed inconsistent acts.]

Inspectors of rifle practice: Stats. 1878, 758. See at end of this article.

2019. Public receptions and celebrations.

SEC. 2019. Upon receptions, or upon the celebration of any event of public importance, the commanding officer of the brigade may order out any portion of the national guard under his command to join in such parade.

2020. Companies parading with less than thirty members may be disbanded.

SEC. 2020. Any company parading at any of the parades or drills in this article provided for with a less number than thirty-two, rank and file, must be reported to the adjutant-general, and by him notified to the commander-inchief, who in his discretion may disband the same.

2021. Exemption from arrest.

SEC. 2021. No person belonging to the military forces is subject to arrest, on civil process, while going to, remaining at, or returning from any place at which he may be required to attend for military duty. [Amendment, approved March 12, 1878; Amendments 1877-8, 36; took effect immediately.]

2022. Drills-Appropriations-Cadets.

SEC. 2022. Every regiment, battalion, or unattached company that annually assembles and encamps for discipline and drill for not less than seven days, shall receive from the state to defray the expenses of said encampment a sum

equal to one dollar and twenty-five cents per day for each officer and man regularly on duty in such camp; provided, that the aggregate of such allowance shall not for any one encampment exceed the sum of four hundred dollars per company. When the companies of a regiment or battalion are not located at the same place, such companies shall receive, in addition to above allowance, the actual fare to and from the place of assembly. Said sums shall be audited, allowed, and paid as other allowances to the national guard are paid. Each officer commanding a regiment or battalion may muster into and attach to it a company of cadets, and may prescribe the ages and term of enlistment and the discipline thereof. It shall be the duty of such commanding officer to give his personal attention to the instruction of such cadet company; and he must, by rule, prohibit the use of intoxicating drinks by any member of such company, during the term of membership, and must punish a second violation of such rule, by any one person, by dishonorable dismissal from the service. Every such company shall be trained in the arm of the service to which the regiment or battalion is attached, and shall receive from the state a monthly and annual allowance equal to one third of the allowance made to a company of such regiment or battalion. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 105; took effect from passage; repealed inconsistent acts.]

2023. Companies failing to report may be disbanded.

SEC. 2023. Any company failing to report for duty at such assemblage must be reported to the adjutant-general, who must notify the same to the commanderin-chief, who may in his discretion disband it.

2024. Cavalry drills.

SEC. 2024. Cavalry must drill, mounted, at least twice in each year.

2025. Drill of regiment not concentrated.

SEC. 2025. When regiments are not concentrated, a portion of the companies may be assembled for battalion drill.

2026. Drills.

SEC. 2026. Each company must have at least three weekly drills each month. [Amendment, approved March 12, 1885; Statutes and Amendments 1885, 105; took effect from passage; repealed inconsistent acts.]

2027. Drills in Sacramento and San Francisco.

Repealed March 12, 1885; Statutes and Amendments 1885, 105; took effect from passage.

2028. Penalty for absence from company drills.

SEC. 2028. All officers or members of the national guard who absent themselves from three consecutive assemblages, without an excuse acceptable to the commanding officer, are debarred from the privileges and exemptions provided for members of the national guard; and all non-commissioned officers or privates shall be reported by their commanding officer to the commanding officer of the regiment, or battalion, or unattached company, who shall forthwith court-martial such non-commissioned officer or private, and upon conviction by such court-martial, the delinquent shall be dishonorably discharged from the service, and fined not less than five dollars nor more than fifty dollars. The proceedings of such court shall be subject to approval and review, as in other cases. [Amendment, approved March 4, 1881; Statutes and Amendments 1881, 32; took effect immediately.]

The fine here provided for was not in the former sections

2029. Book to be kept showing who was present at drills.

SEC. 2029. Commanders of companies must keep a book, in which must be entered the names and number of officers, non-commissioned officers, and privates, respectively, present at each drill, and must therefrom make monthly returns to the commanding officer of the regiment or battalion, and if unattached, to the brigade commander, the excuses of absentees recorded, and marked approved, or otherwise. These books must be carefully preserved, and when filled, forwarded to the adjutant-general's office. [Amendment, approved March 12, 1878; Amendments 1877-8, 37; took effect immediately.]

2030. Schools for instruction.

SEC. 2030. The commanding officer of any brigade, regiment, or battalion may require the officers thereof to meet for military instruction at such times and places as he may fix, and may also prescribe the mode and manner of instruction, and the rules and regulations to govern such meetings.

An Act to define the duties of inspectors of rifle practice of the national guard of California. [Approved March 30, 1878; 1877-8, 758.]

General inspector of rifle practice-Duties.

SECTION 1. It shall be the duty of the general inspector of rifle practice to exercise general supervision over the rifle practice of the national guard; to inspect, or cause to be inspected, from time to time, all ranges and practice-grounds, and see that the prescribed regulations for rifle practice are carried out by the national guard, and that the proper returns thereof are made out; to report direct to general headquarters, from time to time, the improvement in marksmanship among the uniformed forces, together with all other matters pertaining to his duties. Commandants of brigades, regiments, and companies shall furnish to the general inspector of rifle practice such information as he shall require in regard to the rifle practice of their commands, and as to the number and condition of all targets or other military property of the state issued to their respective commands for use in rifle practice; and if, at the conclusion of his inspection of any armory, range, or practice-grounds he shall find any property appertaining to rifle practice which ought to be kept therein, missing, injured, unfit for use, or deficient in any respect, or that such range or practice-ground is dangerous, he shall forthwith report the facts in respect thereto to general headquarters. He may, from time to time, examine the officers upon the theory and practice of marksmanship, and upon the system of instruction of rifle practice. It shall be his duty to attend, as far as practicable, all general competitions in marksmanship among the national guard, and see that such competitions are conducted with fairness and according to prescribed regulations. He shall make an annual report to general headquarters, in which he shall state the result of all competitions in marksmanship, with the names of the winners, together with such suggestions as he may see fit.

Brigade inspector of rifle practice-Duties.

SEC. 2. The brigade inspector of rifle practice shall have supervision of all matters appertaining to rifle practice, within the limits of their respective brigades, under the directions of the brigade commander, as prescribed for the general inspector of rifle practice. They shall report to such general inspector of rifle practice, whenever required by him, the condition of rifle practice in their respective brigades, and what practice of that description has been carried on during any period; and shall also, at his request, report to him upon any matter relating to rifle practice which may require examination, within their respective brigades. They shall attend the competitions for any prizes that may be offered by the state to the command to which they are attached, or that may be arranged between any of the companies of their brigades, and see that the same are conducted with fairness, and according to the prescribed regulations for such competitive matches, and report to the general inspector of rifle practice the result of all such competitions, with the names of the winners, together with such suggestions as they may see fit to make. Regimental and battalion inspectors-Duties.

SEC. 3. The regimental and battalion inspectors of rifle practice shall have supervision of all matters appertaining to rifle practice, within the limits of their respective regiments or battalions, as prescribed for the brigade inspector of rifle practice; they shall report to said brigade inspector of their respective brigades the condition of rifle practice in their respective regiments or battalions, and what practice has been carried on during any period; and shall also, at his request, report to him upon any matter relating to rifle practice which may require examinations, within their respective regiments or battalions. They shall attend the competitions for any prize that may be offered, or that may be arranged between any of the companies of their respective regiments or battalions, and see that the same are conducted with fairness and according to the prescribed regulations for such competitive matches, and report to the brigade inspector of rifle practice the result of all such competitions, with the names of the winners, together with such suggestions as they may see fit.

SEC. 4. This act shall take effect and be in force from and after its passage.

CHAPTER III.

CALLING AND DRAFTING THE MILITIA INTO ACTUAL SERVICE.

2039. Militia, when and by whom called into actual service.

SEC. 2039. In case of war, insurrection, or rebellion, or of resistance to the execution of the laws of this state, or upon the call or requsition of the president of the United States, or upon the call of any officer of the United States army commanding a division, department, or district in California, or upon the call of any United States marshal in California, or of the chief executive officer of any city, or of any sheriff, the commander-in-chief is authorized to call into active service any portion of the national guard or enrolled militia. Resisting execution of laws.-Calling on military force: Pen. Code, secs. 725, 728-733. 2040. Same.

Governor's power to call out militia: Const. Cal., art. 8, sec. 1.

SEC. 2040. In case of the absence of the commander-in-chief from the capital, or if it is impossible to immediately communicate with him, the civil or military officer making the requisition for troops may, if he deem the danger imminent and not admitting of delay, serve a copy of such requisition, together with a statement of the governor's absence or the impossibility of immediately communicating with him, upon the major-general, or, in his absence, upon the general of the brigade, who is authorized to exercise, with respect to calling out the troops of his division or brigade, the powers conferred in this section upon the governor; but if the call is disapproved by the governor, the troops so called into service must be immediately disbanded.

2041. Call, how made.

SEC. 2041. Such call must be made by an order issued and directed to the commanding officer of the company, battalion, regiment, brigade, or division which is called into service, designating the particular troops called, the time and place of rendezvous, and the officer to whom they must report.

2042. Duty of officer to whom order directed.

SEC. 2042. If such order is directed to the major-general of division, it must be immediately communicated to the brigadier-generals, and by them to all the officers of their respective brigades.

2043. Same.

SEC. 2043. Every officer receiving such order must rendezvous and report for duty as herein directed; and every officer commanding an organized company or battalion of the national guard, on receiving such order, must immediately proceed to notify the same to each individual of his command, by personal notice or by publication in some newspaper, or by the posting in public places of the county or counties from which the call is made.

2044. Same.

SEC. 2044. Such officer must attend in person, or by deputing an officer of the organized militia in his place, at the place of rendezvous, and take the names of all volunteers for service under such call.

2045. Organization of companies, etc., and election of officers.

SEC. 2045. If the number of such volunteers is sufficient to form one or more companies or battalions, he must immediately call and superintend the election of the officers of such companies or battalions.

2046. Proclamation for election.

SEC. 2046. A proclamation of the call of such election, made by the officer calling it, at the place of rendezvous, is a sufficient notice.

2047. Commander-in-chief may assign volunteers to companies or battalions already in active service.

SEC. 2047. The commander-in-chief has authority, if he deem it expedient, to direct that a portion of the volunteers so presenting themselves be assigned to companies or battalions already in active service whose numbers are less than the full complement.

2048. Organization and command of troops from different brigades.

SEC. 2048. Where troops are called into active service from different brigades, and the number so called are not more than sufficient to constitute one complete brigade, the commander-in-chief must so organize them, and must designate the particular brigadier-general to command it.

2049. When draft may be ordered.

SEC. 2049. If the number of volunteers presenting themselves at the place of rendezvous is insufficient to satisfy the call of the commander-in-chief, the brigadier-general of the brigade in which such call is made must promptly proceed to draft from the enrolled militia of his brigade a sufficient number of men to satisfy the call, and this draft must be made by putting the names of all the enrolled militia of the county or counties from which the order directs the forces to be raised into a box, and drawing therefrom a sufficient number of names to satisfy the call.

2050. Who to superintend draft.

SEC. 2050. The major-general must be present and superintend the drafting of the enrolled militia under any call by the commander-in-chief; but his presence is not necessary to give validity to the proceedings. In case of the absence or inability of the brigadier-general, the officer next in rank of the brigade, or, in default of any officer of that brigade for duty, the major-general, or in his default, the commander-in-chief, must designate some other officer to perform that duty.

2051. Persons drafted to rendezvous.

SEC. 2051. The persons drafted must be summoned by some officer appointed for that purpose by the brigadier-general in the manner prescribed by law for the summoning of witnesses in civil cases, the time and place of rendezvous, as ordered by the brigadier-general, being stated in the summons.

2052. Election of officers.

SEC. 2052. As soon as a sufficient number of drafted men have appeared at the rendezvous to form a company or companies, they must proceed to the election of their company officers.

2053. Refusing to rendezvous, penalty for.

SEC. 2053. Any member of the national guard who neglects or refuses to rendezvous when ordered out by the commander-in-chief is guilty of disobedience of orders, and may be tried and punished by a court-martial; and any member of the enrolled militia who refuses or neglects to rendezvous when drafted is subject to a penalty of not less than fifty nor more than three hundred dollars, to be recovered by an action brought by the district attorney, in the name of the people of the state, upon the certificate of the officer appointed