SECTION 729. Commanding officer and troops to obey the order. 730. Armed force to obey orders of whom. 731. Conduct of the troops. 732. Governor may in certain cases declare a county in a 733. May revoke the proclamation. Sheriff or officer in resistance to process. 723. ($ 36.) When a Sheriff or other public Power of officer authorized to execute process finds, or has rea- other son to apprehend that resistance will be made to the overcoming execution of the process, he may command as many male inhabitants of his county as he may think proper to assist him in overcoming the resistance, and, if necessary, in seizing, arresting, and confining the persons resisting, their aiders and abettors. NOTE. This section was amended so as to read as published in the text, by Act of April 1, 1872, cited in note in lieu of Sec. 433, ante. See, also, note to Subd. 3 of Sec. 697, ante; and Sec. 701, ante, and note, "Information;" and 720, ante, and note, as to "Sufficient apprehension." per to certify to Court the name of the 724. (§ 37.) The officer must certify to the Court The officer from which the process issued the names of the sons resisting, and their aiders and abettors, to the end resisters, that they may be proceeded against for their contempt of Court. NOTE. This is only to be done in case there has been actual resistance, or proof of threatened resistance, to the execution of process or other performance of official duty. etc. Governor 725. If it appears to the Governor that the civil When power of any county is not sufficient to enable the Sher iff to execute process delivered to him, he must, upon the application of the Sheriff of the county, order such portion as shall be sufficient, or the whole, if necessary, of the organized National Guard or enrolled militia of the State, to proceed to the assistance of the Sheriff. NOTE. This section was amended so as to read as published in the text, by Act of April 1st, 1872, cited in note, in lieu of Sec. 433, ante. The correct reading of this section is: "If, upon the application of the Sheriff to order out a military force to aid in process. executing Magistrates and officers to command rioters to disperse. To arrest rioters if disperse. of the county," "it appears to the Governor," etc., so that the representations made through or by the Sheriff is the basis of the order of the Commander in Chief. 726. Where any number of persons, whether armed or not, are unlawfully or riotously assembled, the Sheriff of the county and his deputies, the officials governing the town or city, or the Justices of the Peace and Constables thereof, or any of them, must go among the persons assembled, or as near to them as possible, and command them, in the name of the people of the State, immediately to disperse. NOTE. See note to Sec. 697, Subd. 3, and note, ante. 727. (§§ 41, 42.) If the persons assembled do not they do not immediately disperse, such magistrates and officers must arrest them, and to that end may command the aid of all persons present or within the county. Officers who may Commanding officer 728. When there is an unlawful or riotous assembly with the intent to commit a felony or to offer violence to person or property, or to resist by force the laws of the State or of the United States, and the fact is made known to the Governor, or to any Justice of the Supreme Court, or to the District Judge of that judicial district, or to the County Judge, or Sheriff of the county, or to the Mayor of a city, or to the President of the Board of Supervisors of the cities and counties of Sacramento and San Francisco, either of those officers may issue an order directed to the commanding officer of a division or brigade of the organized National Guard or enrolled militia of the State, to order his command, or such part thereof as may be necessary, into active service, and to appear at a time and place therein specified to aid the civil authorities in suppressing violence and enforcing the laws. 729. The organized National Guard or enrolled and troops militia, or such portion thereof as shall be called into active service, as provided in Section 728, must appear to obey the order. at the time and place appointed, fully armed and equipped, and with not less than forty rounds of ball cartridge to each man, if infantry or cavalry, and with not less than twenty rounds of grape canister or round. shot, if artillery. 730. When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly, or arresting the offenders, and is placed under the temporary direction of any civil officer, as provided in Section 731, it must obey the orders in relation thereto of such civil officer. the troops. 731. Whenever any portion of the National Guard, Conduct of or enrolled militia, shall have been called into active service to suppress an insurrection or rebellion, to disperse a mob, or to enforce the execution of the laws of this State or of the United States, it shall be competent for the Commander in Chief, or for the General acting in his stead, to place such troops under the temporary direction of the Mayor of any city, or of the President of the Board of Supervisors of the Cities and Counties of Sacramento and San Francisco, or the person acting in that capacity, of the Sheriff of any county, or of any Marshal of the United States; and if, in the opinion of such civil officer, it shall become necessary that the troops so called out shall fire or charge upon any mob or body of persons assembled to break or resist the laws, such civil officer shall give a written order to that effect to the superior officer present in command of such troops, who will at once proceed to carry out the order, and shall direct the firing and attack to cease only when such mob or unlawful assembly shall have been dispersed, or when ordered to do so by the proper civil authority. No officer who has been called out to sustain the civil authorities shall, under any pretense, or in compliance with any order, fire blank cartridges upon any mob or Same. Governor may in certain cases declare a county in a state of insurrection. May revoke the proclamation. unlawful assemblage, under penalty of being cashiered by sentence of a Court martial; provided, that nothing in this section shall be construed as prohibiting any such troops from firing or charging upon such mob or assembly without the orders of such civil officers, in case they shall first be attacked or fired upon, or forcibly resisted in discharge of their duty. When the Commander in Chief, or General acting in his stead, shall call troops into active service for the purposes mentioned in this section, and shall not place them under the temporary direction of any civil officer, the commanding officer shall use his own discretion with respect to the propriety of attacking or firing upon any mob or unlawful assembly. 732. When the Governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinations to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officers having the process to execute it, he may, on the application of the officer, or of the District Attorney or County Judge of the county, by proclamation published in such papers as he may direct, declare the county to be in a state of insurrection, and may order into the service of the State such number and description of the organized National Guard or volunteer uniformed companies, or other militia of the State as he deems necessary, to serve for such term and under the command of such officer as he may direct. NOTE. The preceding Secs., 728, 729, 730, 731, 732, were amended so as to read as published in the text, by Act of April 1st, 1872, cited in note in lieu of Sec. 433, ante, repealed. 733. (§ 49.) The Governor may, when he thinks proper, revoke the proclamation authorized by the last section, or declare that it shall cease at the time. and in the manner directed by him. NOTE.-See Art. V, Sec. 5, State Const., Appendix to Political Code. TITLE II. OF JUDICIAL PROCEEDINGS FOR THE REMOVAL OF PUB- CHAPTER I. Of impeachments. II. Of the removal of civil officers otherwise CHAPTER I. OF IMPEACHMENTS. SECTION 737. Officers liable to impeachment. 738. Articles, how prepared. Trial by Senate. 739. Articles of impeachment. 740. Time of hearing. Service on defendant. 741. Service, how made. 742. Proceedings on failure to appear. 743. Defendant, after appearance, may answer or demur. 744. If demurrer is overruled defendant must answer. 745. Senate to be sworn. 746. Two thirds necessary to a conviction. 747. Judgment on conviction, how pronounced. 748. The same. 749. Nature of the judgment. 750. Effect of judgment of suspension. 751. Officer, when impeached, disqualified until acquitted. Governor to temporarily fill vacancy. 752. Presiding officer when Lieutenant Governor is im peached. 753. Impeachment not a bar to indictment. Officers liable to 737. (§ 51.) The Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney ment. impeach |