Equaliza taxation. 3713. The State Board of Equalization must, for State State Board purposes, for the thirty-seventh and thirty-eighth fiscal years, of quali and for the payment of deficiencies that have accrued dur- rate of ing the thirty-fifth and thirty-sixth fiscal years, fix such an ad valorem rate of taxation upon each one hundred dollars in value of taxable property of this State as, after allowing twelve per cent for delinquencies in and costs of collection of taxes, as provided in section three thousand six hundred and ninety-six of the Political Code, will raise for the thirty- Thirtyseventh fiscal year: First-For the General Fund, two millions five hundred and fifty thousand dollars. Second-For the School Fund, one million three hundred thousand dollars. Third-For the Interest and Sinking Fund, two hundred and sixty-nine thousand and seventy dollars. And for the thirty-eighth fiscal year: seventh fiscal year. Thirty fiscal year. First-For the General Fund, two millions three hundred eighth and twelve thousand eight hundred and twelve dollars. Second-For the School Fund, one million three hundred thousand dollars. Third-For the Interest and Sinking Fund, four hundred and twenty thousand six hundred and thirty dollars. CHAPTER CXX. An Act to provide for the appointment by the Supreme Court of three Commissioners, to be known as Commissioners of the Supreme Court, and to appoint a Secretary therefor, to relieve said Court from the overburdened condition of its calendar, and to provide for the compensation of said Commissioners and Secretary. [Approved March 12, 1885.] The People of the State of California, represented in Senate and Court to missioners. SECTION 1. The Supreme Court of the State of California, Supreme immediately upon the taking effect of this Act, shall appoint appoint three persons of legal learning and personal worth, as Com- Court Commissioners of said Court. It shall be the duty of said Commissioners, under such rules and regulations as said Court Duty of Commay adopt, to aid and assist the Court in the performance of missioners. its duties, and in the disposition of the numerous causes now pending in said Court undetermined. The said Commis- Term of sioners shall hold office for the term of four years from and office. after their appointment, during which time they shall not engage in the practice of the law. They shall each receive salary equal to the salary of a Judge of said Court, payable at the same time and in the same manner. Before entering Oath. upon the discharge of their duties they shall each take an oath to support the Constitution of the United States and the Constitution of the State of California, and to faithfully Salary. remove Commissioners and fill Court may discharge the duties of the office of Commissioner of the Supreme Court to the best of their ability. The said Court shall have power to remove any and all members of said Commission at any time by an order entered on the minutes of said Court, and all vacancies in said Commission shall be filled in like manner. vacancies. Secretary. Term and salary. Appropria tion. SEC. 2. Upon the appointment of said Commissioners, as in this Act provided, said Court is hereby authorized to appoint a Secretary for such Commission, who shall hold office during the pleasure of the Court, not to exceed the term of said Commission, and who shall have a salary of two hundred dollars per month, payable at the same time and in the same manner as said Commission. SEC. 3. The sum of forty thousand eight hundred dollars is hereby appropriated out of any money that is or may be in the General Fund not otherwise appropriated, for the purpose of paying the salary of said Commission and Secretary, for the thirty-sixth, thirty-seventh, and thirty-eighth fiscal years; and the Controller is authorized to draw monthly warrants upon the State Treasury in favor of said Commissioners and Secretary, in the sum of five hundred dollars for each of said Commissioners, and in the sum of two hundred dollars for said Secretary. forcible amended. CHAPTER CXXI. An Act to amend section eleven hundred and seventy-three of an Act entitled "An Act to establish a Code of Civil Procedure," approved March 11, 1872, relating to amendment of pleadings, and to procedure in forcible entry and forcible and unlawful detainer. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section eleven hundred and seventy-three of the Code of Civil Procedure is hereby amended so as to read: Complaint in 1173. When, upon the trial of any proceeding under this entry may be chapter, it appears from the evidence that the defendant has been guilty of either a forcible entry or a forcible or unlawful detainer, and other than the offense charged in the complaint, the Judge must order that such complaint be forthwith amended to conform to such proofs; such amendment must be made without any imposition of terms. No continuance shall be permitted upon account of such amendment unless the defendant, by affidavit filed, shows to the satisfaction of the Court good cause therefor. Continuance. CHAPTER CXXII. An Act to amend an Act entitled "An Act to establish a Political Code," approved March 12, 1872, by amending sections one thousand nine hundred and seventeen, one thousand nine hundred and twenty-nine, one thousand nine hundred and sixty-two, one thousand nine hundred and seventy-four, two thousand and seven, two thousand and eighteen, two thousand and twenty-two, two thousand and twenty-six, two thousand and twenty-eight, two thousand and ninety-three, two thousand and ninety-four, and by repealing section two thousand and twenty-seven, relating to the militia. [Approved March 12, 1885.] The People of the State of California, represented in Senate and SECTION 1. Section one thousand nine hundred and seventeen of said Code is amended to read as follows: Adjutant 1917. His Staff consists of one Adjutant-General, with staff of the rank of Brigadier-General; one Chief Engineer, one Pay- General master-General, one Judge-Advocate General, one InspectorGeneral of Rifle Practice, one Surgeon-General, each with the rank of Colonel; and eight Aids-de-Camp, with the rank of Lieutenant-Colonel, appointed by and holding office at the pleasure of the Commander-in-Chief, or until their successors are appointed and qualified. SEC. 2. Section one thousand nine hundred and twentynine of said Code is amended to read as follows: dier may be 1929. Any enlisted man may be discharged before the Enlisted solexpiration of his term of service, by order of the commanding discharged officer of the regiment, battalion, or unattached company to upon recomwhich he belongs, and on recommendation of his company his company officer, and for the following reasons: To accept promotion by commission. mendation of officer. Upon removal of residence from the State, or out of the Reasons of bounds of the command to which he belongs, to so great a discharge. distance that, in the opinion of such commanding officer, he cannot properly perform his military duty. Upon disability, established by certificate of a medical officer. Upon conviction of felony in a civil Court. Whenever such commanding officer shall approve the application of two thirds of the members of a company requesting the discharge of an enlisted man thereof. If, at a regular meeting of a company, or of a meeting called for the purpose, two thirds of the members of a company desire by vote the discharge of one of their members, an application for the discharge of such soldier, setting forth the facts, and giving the reasons therefor, shall be made by the company commander. SEC. 3. Section one thousand nine hundred and sixty-two of said Code is amended to read as follows: men in each company. Number of 1962. The companies of the National Guard are composed officers and of not less than sixty-one nor more than one hundred and twenty officers and privates, except gatling gun batteries, which may consist of a maximum number of one hundred and forty-nine officers and privates, and may have the following officers: One Captain, one First Lieutenant, one Second Lieutenant, one First Sergeant, one Quartermaster Sergeant, four Sergeants, eight Corporals, and three Musicians. Honorary members. Officers to be examined as tions. Cavalry companies may have two First Lieutenants, and batteries may have two First and two Second Lieutenants. Every company must, at all times, have at least one commissioned officer. Each company may have not to exceed ten honorary members, who shall pay fifty dollars per annum each into the company treasury, and shall thereupon be entitled to all the exemptions to which men on the active list are entitled, and shall not be required to drill or perform any military duty by reason of such membership. SEC. 4. Section one thousand nine hundred and seventyfour of said Code is amended to read as follows: 1974. 1. Every elected officer of the National Guard must, to qualifica upon his election or reëlection to any office in the National Guard, appear before an Examining Board for examination as to his qualifications for the office to which he has been elected or reëlected. Examining When officer is deemed to decline 2. Such Board of officers shall consist of three commissioned officers for each brigade, to be designated by the Commander-in-Chief, and who may be removed at his pleasure. 3. The officer duly appointed to preside at any election shall, immediately after declaring the result of such election, notify the officer or officers elected that they must appear before the Examining Board for examination, when notified by that Board. 4. If the officer elected or reëlected and duly notified does not appear before the said Examining Board when sumcommission. moned by them, he shall be deemed to have declined his commission, and there shall be another election ordered by the brigade commander. The filing of a proper certificate of said Board with the brigade commander that the officer has failed to pass an examination, or declined to appear before the Board when notified, shall be deemed sufficient for ordering a new election. SEC. 5. Section two thousand and seven of said Code is amended to read as follows: 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. SEC. 6. Section two thousand and eighteen of said Code. is amended to read as follows: 2018. The National Guard of California must parade at Parade. 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 advisable by the Commander-in-Chief, who shall issue orders to the National Guard to carry out the provisions of this section. SEC. 7. Section two thousand and twenty-two of said Code is amended to read as follows: ment. exceed $400 2022. Every regiment, battalion, or unattached company Expenses of that annually assembles and encamps for discipline and encap 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 Not to aggregate of such allowance shall not for any one encamp- for each ment exceed the sum of four hundred dollars per company. 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 mus- Cadets. ter 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 Allowance arm of the service to which the regiment or battalion is for cadets. 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. SEC. 8. Section two thousand and twenty-six of said Code is amended to read as follows: 2026. Each company must have at least three weekly Drills. drills each month. SEC. 9. Section two thousand and twenty-seven of said Section 2027 Code is hereby repealed. SEC. 10. Section two thousand and ninety-three of said Code is amended to read as follows: repealed. 2093. The Commander-in-Chief, Adjutant-General, and Military the Attorney-General, constitute a Board of Military Audit- Auditors. ors. The Commander-in-Chief is President, and the Adjutant-General is Secretary; and the Board must have a seal, Seal. which must be attached to all accounts audited by them; and said Board is authorized to withhold any demand or allow- Accounts ance when it appears to them that the claim therefor is incor- my be rect, unjust, or fraudulent, until such time as proper and withheld. |