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District attorney

SEC. 107. It shall be the duty of the district attorney of each dis

to present all

to grand jury.

violations of act trict court to present all violations of the provisions of this act, which may come to his knowledge, to the special consideration of the proper grand jury.

SEC. 108. But special provisions may be made by law, prescribing the mode of calling elections, of appointing the officers thereof, and of designating election precincts, otherwise than as provided in this act. (1)

CHAPTER CXLI.

AN ACT supplemental to "An Act to regulate Elections," passed March twenty-third, one thousand eight hundred and fifty.— [Passed May 18, 1853.]

Also returns for members of legislature.

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

County clerk to transmit returns of election for state officers to

SECTION 1. It is hereby made the duty of the county clerk of each county of this state, within ten days after the receipt of the returns secretary of state. of any election for governor and lieutenant governor, held in obedience

to law, to make out a true statement of said returns, showing the vote at each precinct in his county, certify the correctness of said statement under his hand and the seal of his court, and transmit the same, endorsed “Election returns for governor and lieutenant governor,” to the secretary of state to be filed and preserved among the state archives.

SEC. 2. Said clerk shall in like manner make out, certify and transmit to the secretary of state, for the same purpose, a statement of any and all returns of election for members of the senate and assembly of the state legislature, county judge, county clerk, sheriff, assessor, collector, attorney, supervisor and coroner, which may be received at his

office.

Governor to issue commissions

SEC. 3. On the reception of the statement aforesaid by the secre

to county judges tary of state, it shall be the duty of the governor to issue commissions,

and county

clerks.

under the same rules and conditions as other officers are commissioned, to the persons receiving the highest number of votes for county judge and county clerk.

(1) This is an additional section from Stat. 1851, page 183.

CHAPTER CXLII.

AN ACT concerning Lawful Fences, and Animals trespassing on
Premises lawfully inclosed. [Passed March 30, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

defined.

SECTION 1. Every inclosure shall be deemed a lawful fence, which Lawful fence is four and a half feet high, if made of stone; and if made of rails, five and a half feet high; if made upon the embankment of a ditch three feet high from the bottom of the ditch, the fence shall be two feet high; said fence to be substantial and reasonably strong, and made so close that stock cannot get their heads through it, and if made to turn small stock, sufficiently tight to keep such stock out. A hedge fence shall be considered a lawful fence if five feet high and sufficiently close to turn stock.

on

by a lawful

SEC. 2. If any horses, mules, jacks, jennies, hogs, sheep, goats, or Tresspasses by any head of neat cattle shall break into any grounds inclosed by a grounds inclosed lawful fence, the owner or manager of such animals shall be liable to fence. the owner of said inclosed premises for all damages sustained by such trespass; and if the trespass is repeated by neglect of the owner of such stock, he shall, for the second offence, be subject to double the damages sustained by the owners of said premises.

SEC. 3. If any owner or occupier of any grounds or crops injured by any animal or animals breaking into or entering on grounds not inclosed by a lawful fence, shall kill, maim, or materially hurt or injure any animal doing such injury, he shall be liable to the owner for all damages, and also all costs that may accrue in a suit for such damages.

CHAPTER CXLIII.

AN ACT concerning the Organization of the Militia. (1) [Passed
April 10, 1850.]

The People of the State of California, represented in Senate and
Assembly, do enact as follows:

(1) For another act on the same subject, see next chapter.

Penalty on occupiers of lands

owners or

not inclosed by

a lawful fence for injuring animals

entering on such

lands.

SECTION 1. All free, white, able-bodied male citizens, between the Who subject ages of eighteen and forty-five years, residing in this state, and not

to military duty.

Exemptions.

SEC. 2. The following named persons only shall be exempt from the performance of military duty, except in time of war, invasion, or insurrection, viz. All persons who have served one complete term of enlistment, or service in the military or naval service of the United States in time of war; and all officers or members of volunteer or independent companies within this state.

SEC. 3. All persons exempt by law, may prove their exemption either by oral or written evidence, or by their own testimony; and all courts and persons having a right, by law, to inquire concerning the grounds of such exemption, are hereby authorized to administer all oaths which may be necessary to satisfy themselves concerning such exemption.

Militia and volunteers to consist of four divisions and

SEC. 4. The enrolled militia and volunteer or independent companies of this state shall be organized into four divisions and eight eight brigades. brigades, as follows:

SEC. 5. The counties of Trinity, Shasta, Butte, Yuba, Sutter, El Dorado, and Sacramento, shall compose the first division. The counties of Colusi, Yolo, Napa, Solano, Sonoma, Mendocino, and Marin, shall compose the second division. The counties of San Francisco, Santa Clara, Contra Costa, San Joaquin, Calaveras, Tuolumne, and Mariposa, shall compose the third division. The counties of Branciforte or Santa Cruz, Monterey, San Luis Obispo, Los Angeles, Santa Barbara, and San Diego, shall compose the fourth division. The counties of Trinity, Shasta, Butte, Yuba, and Sutter, shall compose 1st brigade of 1st the first brigade of the first division. The counties of El Dorado

division.

2d brigade of 1st

division.

and Sacramento shall compose the second brigade of the first division. The counties of Colusi, Yolo, Napa, and Solano, shall compose the first brigade of the second division. The counties of Sonoma, Mendocino, and Marin, shall compose the second brigade of the second divivision. The counties of San Francisco, Santa Clara, and Contra 1st brigade of 3d Costa, shall compose the first brigade of the third division. The counties of San Joaquin, Calaveras, Tuolumne, and Mariposa, shall compose the second brigade of the third division. The counties of Branciforte or Santa Cruz, and Monterey, shall compose the first brigade of the fourth division. The counties of San Luis Obispo, San2d brigade of 4th ta Barbara, Los Angeles, and San Diego, shall compose the second

division.

division.

brigade of the fourth division.

SEC. 6. The governor of the state shall be commander-in-chief of all the forces of the state.

SEC. 7. The commander-in-chief may nominate and appoint two

Proof of exemption.

1st division.

2d division.

3d division.

4th division.

1st brigade of 2d 2d brigade of 2d

2d brigade of 3d 1st brigade of 4th

division.

division.

Governor commander-in-chief.

exempt by law, shall be subject to military duty, and enrolled as hereinafter directed.

Governor to

aides-de-camp.

aides-de-camp, who shall rank respectively as colonels of cavalry, and appoint two who shall continue in office for the same term with the commander-inchief by whom they were appointed.

elect four major

SEC. 8. The legislature shall elect, by joint ballot, four major gen- Legislature to erals and eight brigadier generals, who shall hold their office during generals and good behavior, or until their successors in office shall be appointed, generals." or elected and qualified.

eight brigadier

elect adjutant

master general,

SEC. 9. The legislature shall elect, by joint ballot, one adjutant Legislature to general, to rank as brigadier general, and one quartermaster general, general, quarterto rank as brigadier general, who shall hold office respectively, until and brigadier the first day of January A. D. 1854, or until their successors in office shall be duly appointed, or elected and qualified.

general.

commander, to by governor.

SEC. 10. Except the commander-in-chief, all the officers hereby crea- Officers, except ted, shall be commissioned by the governor, and shall take the oath of be commissioned office prescribed by the constitution, before some officer authorized by law to administer oaths, a copy of which oath shall be endorsed on their commission.

be commissioned

SEC. 11. All other staff or commissioned officers, who may be ap- Other officers to pointed or elected under the provisions of this act, shall be commis- by governor sioned by the governor, and shall take the oath of office-prescribed by the constitution, a copy of which oath shall be endorsed on their commission.

general's office,

SEC. 12. The adjutant general shall keep his office at the seat of Adjutant government, and shall keep the same open for business every day where to be (Sundays excepted), from the hours of 11 o'clock A. M. to 3 o'clock P. M. of each day.

kept, etc.

adjutant general.

SEC. 13. It shall be the duty of the adjutant general to receive Duties of and safely keep all reports made to him by the county assessors concerning the number of the enrolled militia in each county, all muster rolls of volunteers or independent companies, all returns and reports made to him by any civil or military officer, relative to the enrolled militia, to the military officers of this state, and to all volunteer or independent companies, and to perform all other duties which may be required of him by law.

successor in case

SEC. 14. In case of a vacancy in the office of the adjutant general, Appointment of the commander-in-chief shall have power to appoint his successor, of vacancy. who shall hold office until the next meeting of the legislature, and until his successor is elected, or appointed, and qualified, if such vacancy occurs when the legislature is not in session.

annually to

SEC. 15. He shall report to the governor, on the fifteenth day of To report December, annually, to be laid before the legislature: 1. The num- governor ber of enrolled militia in each county of this state. 2. The total number of enrolled militia in this state. 3. The number of volun

as specified.

To deliver documents to successor.

Salary.

Quartermaster general's office, where to be kept, etc.

To give bond for performance of duties.

Duties of quartermaster general.

Not to leave the state.

Vacancy in office, how supplied.

To report annually to governor as specified.

teer or independent companies in this state; the number of volunteers belonging to such companies, and the total number of volunteers according to the muster roll in the state; how many companies are of infantry, how many of riflemen and artillery, and how many are mounted; and shall make such suggestions as he thinks proper for the improvement of the militia system of this state.

SEC. 16. At the expiration of his term of office, he shall turn over to his successor in office all the reports, muster rolls, returns, papers, money, and effects, belonging to his office, in good order.

SEC. 17. He shall receive a salary of one thousand dollars annually, to be paid in quarterly instalments out of the military fund.

SEC. 18. The quartermaster general shall keep his office at the seat of government, and shall keep the same open for business every day (Sundays excepted), from the hours of 11 o'clock, A. M. to 3 o'clock P. M. of each day.

SEC. 19. He shall give bond to the state of California, with good sureties, to be approved by the governor, in the sum of five thousand dollars, conditioned that he will faithfully perform all the duties enjoined on him by law.

·

SEC. 20. It shall be the duty of the quartermaster general to carefully guard and provide a suitable place for the preservation of all arms, ordnance, ammunition, military clothing, military supplies, musical instruments, colors, and other effects, granted by the United States to the state of California, or which may be purchased by the state, or in any other manner may become the property of the state.

SEC. 21. He shall not leave the state during his term of office, unless by the consent of the governor.

SEC. 22. In case a vacancy occurs in the office of quartermaster general when the legislature is not in session, the governor shall have power to appoint his successor; who shall hold office until the next meeting of the legislature, and until his successor is elected, or appointed, and qualified.

SEC. 23. He shall report to the governor, on the fifteenth day of December, A. D. 1850: 1. An account of all arms, ordnance, ammunition, military clothing, military supplies, musical instruments, colors, and other effects, which have come into his possession, since the first day of January, A. D. 1850; and, after the first report, shall report on the fifteenth day of December in each year, all that have come into his possession since the last preceding annual report, and how, when, and from what source they came into his possession; 2. An account of all articles issued or expended since the last an

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