petition, or at any subsequent time to which said hearing may be postponed, the supervisors shall hear any reason that may be submitted for or against the granting of the petition, and if they shall deem it for the best interests of the school district named in the petition that such unsold bonds be canceled, they shall make and enter an order in the minutes of their proceedings that said unsold bonds are canceled, and thereupon said bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever.

Legislation § 1889. Added by Stats. 1889, p. 197.

§ 1890. Fire-escapes on schoolhouses. Each school building in the state shall, if two or more stories in height, be provided with suitable and sufficient fire-escapes. The trustees of each school district and the board of education of each municipal corporation must provide sufficient and suitable fire-escapes for each school building two or more stories in height under their jurisdiction.

Legislation § 1890. Added by Stats. 1899, p. 47.

§ 1891. School district in different counties. Concurrent action of supervisors. When any school district is situated partly in different counties, all returns, reports, certificates and petitions required to be made to the board of supervisors by the terms of sections one thousand eight hundred and thirty-six, one thousand eight hundred and eightyfour, and one thousand eight hundred and eighty-nine of the Political Code, and all action required to be taken by the board of supervisors, by the terms of sections one thousand eight hundred and eighty-four, one thousand eight hundred and eighty-five, and one thousand eight hundred and eighty-nine, shall be by concurrent action of the respective boards of supervisors of every county in which any portion of said district may be situated. And the assessor of any such county or counties, other than the county in which the schoolhouse in said district is or is to be located, shall, prior to the time when the board of supervisors meets to make the levy for county purposes in each year, during the term any bonds issued under the provisions of sections one thousand eight hundred and eighty-four, and one thousand eight hundred and eighty-five of the Political Code are to run, or in any year when a district school tax shall have been authorized under the provisions of sections one thousand eight hundred and thirty, one thousand eight hundred and thirty-one, one thousand eight hundred and thirty-two, one thousand eight hundred and thirty-three, one thousand eight hundred and thirty-four, one thousand eight hundred and thirty-five, one thousand eight hundred and thirty-six, one thousand eight hundred and thirtyseven, and one thousand eight hundred and thirty-nine of the Political Code in any district of his county, certify to the board of supervisors of the county in which the schoolhouse in any such district is or is to be located, a statement of the total value of all the taxable property of said district, situated in his county, as appears from the last assessment-roll of said county; and the board of supervisors of the county in which the schoolhouse in said district is or is to be located shall determine the rate of taxation necessary to be levied upon the property of said district, and for that purpose is vested with all the authority and is subject to the same rules and limitations as boards of

supervisors in cases where the district is not joint. After such board of supervisors shall have made such determination, the clerk of said board of supervisors shall certify such rate under the seal of said board to the auditor of each county in which any portion of said district is situated, and said auditors shall thereupon compute the tax and enter the same upon the assessment-roll of the said respective counties. And when any money shall have been collected for taxes under the provisions of the Political Code, providing for the collection of taxes levied for a school district tax, or to pay the principal and interest upon bonds of any school district situated in more than one county, and such money shall have been placed in the treasury of any county other than the one in which the schoolhouse in said district is or is to be located, the treasurer of such county must, when requested so to do by the board of trustees of said district, forward all money in such treasury to the county treasurer of the county in which the schoolhouse in said district is or is to be located, who shall receive and receipt for the same, and place such money in the treasury of such county to the credit of the proper fund of said school district.

Legislation § 1891. Added by Stats. 1901, p. 683.

§ 1892. Teachers' certificates. Restoration of those lost or destroyed. Whenever satisfactory proof is presented to a county or city and county board of education by a teacher to whom such board has heretofore granted a certificate, in accordance with law, that such certificate has been destroyed by conflagration or other public calamity, such board shall, without fee, issue to such teacher, in lieu of the certificate lost or destroyed a new certificate of the same kind, grade, character and tenure of the certificate originally granted. Such proof shall consist of an affidavit by said teacher, giving the grade of such certificate, the date of issue if possible, and upon what it was issued; accompanied by a statement from the county or city and county school superintendent to the effect that such teacher had, in pursuance of the requirements of section sixteen hundred and ninety-six of the Political Code, filed his certificate for record with such official. Said proof of loss or destruction of a certificate shall be a credential upon which a county or city and county school superintendent may issue a temporary certificate, in accordance with the provisions of subdivision seventh of section fifteen hundred and forty-three of the Political Code.

Legislation § 1892. Added by Stats. Extra Sess. 1906, p. 53.

TITLE IV.

State Militia.

Chapter I. Enrolled Militia. §§ 1895-1924.

II. The National Guard. Articles I-IX. §§ 1925-2112. Legislation Title IV. 1. Enacted March 12, 1872, and then contained six chapters, their titles and subdivisions being as follows: Chapter 1. Enrolled Militia (§§ 1895-1902). Chapter II. National Guard (Articles I-V, §§ 1912-2030). Chapter III. Calling and Drafting the Militia into Actual Service (§§ 2039-2066). Chapter IV. Courts Martial and of Inquiry (§§ 2076-2084). Chapter V. The Board of Military Auditors (§§ 2093-2099). Chapter VI. Adjutant-General (§§ 2107-2117. 2. By Stats. 1905, p. 285 (approved March 18, 1905), Chapter I was repealed and a new chapter substituted, the title of the act reading, “An Act to repeal Chapter I of Title IV of the Political Code of California, and to substitute therefor a new Chapter I relating to the state militia." 3. By Stats. 1905, p. 258 (approved March 18, 1905), Chapter II was repealed and a new chapter substituted, the title of the act reading, "An Act to repeal Chapter II of Title IV of the Political Code of California and to substitute therefor a new Chapter II relating to the state militia." 4. By Stats. 1907, p. 88, Chapters III-VI (not having been specifically repealed in 1905, although the subject-matter was embraced in the new Chapter II enacted in that year) were repealed, the repealing section reading, "Section 1. Chapters III, IV, V, and VI of Title IV of the Political Code, as the said chapters existed on the 17th day of March, 1905, are hereby repealed; provided, however, that this act shall not be deemed to repeal any part of Title IV of said code, as approved March 18, 1905." The code commissioner says in his note to §§ 2039-2117 (the original code Chapters III-VI): "By some oversight the new National Guard Act of March 18, 1905 (Stats. 1905, p. 258), constituting Chapter II of Title IV of the Political Code, while it covered the subject formerly contained in Chapters II, III, IV, V, and VI of that title and made the matter contained in Chapters III, IV, V, and VI parts of different articles under the new Chapter II, yet specifically repealed only the old Chapter II and failed to repeal specifically the old Chapters III, IV, V, and VI. The plain 'intent of the legislature' was by this act and the statute of 1905, p. 285, to revise the whole title on the state militia. Inasmuch as these chapters were not specifically repealed in 1905, the sections composing them (old sections 2039-2117, inclusive), were specifically repealed in 1907." See titles "Legisla tion" of the chapters, articles, and sections of the present Title IV (§§ 1895-2112).

CHAPTER I.

Enrolled Militia.

Who are subject to military duty.

Assessor to make roll of citizens subject to military duty. Age of citizen. Principals of colleges to furnish lists.

§ 1895.

§ 1896.

Who are exempt from military duty.

§ 1897.

§ 1898.

§ 1899.

Board of equalization to correct the roll.

$ 1900.

Liability of assessor, etc., failing to perform duty.

Copy of roll to adjutant-general.

§ 1901. Compensation for making roll.

§ 1902. Adjutant-general to make muster-roll.

§ 1909.

§ 1910.

§ 1911.

§ 1912.

§ 1913.

§ 1914.

§ 1915.

§ 1916. § 1917.

§ 1918.

Examination of assessment-rolls and poll-lists.
Classes of militia.

Commander-in-chief.

Staff of commander-in-chief.

Militia, when and by whom it may be called into active service.
Drafts or volunteers from militia.

Persons drafted to rendezvous.

Refusing to rendezvous, penalty for.

Substitutes.

Organization of reserve militia when ordered out.

Organization and command of troops from different commands.
Commission of officers called into active service.
Declaration of insurrection.

Occasions when the articles of war of the United States are to
be in force.

§ 1919. Laws, rules, and regulations of the United States army; how far applicable generally.

Armed force to obey orders of whom.

§ 1920.

§ 1922.

§ 1923.

§ 1924.

Relief from civil or criminal liability.

Control of military department. Duties of adjutant-general. [Repealed.]

Official bond.

Legislation Chapter I. 1. Enacted March 12, 1872, and was then composed of §§ 1895-1902. 2. Repealed by Stats. 1905, p. 285, and a new Chapter I, Title IV, substituted by the same act. See post, titles "Legislation" of the sections constituting the present chapter, and of Chapter II, and the articles and sections thereof. See also, ante, Legislation Title IV.

§ 1895. Who are subject to military duty. Every able-bodied male citizen of this state, except Mongolians and Indians, between the ages of eighteen and forty-five years, not exempt by law, is subject to military duty. But no alien is obliged to serve or bear arms against the state to which his allegiance is due.

Militia, military organizations, generally: Const., art. VIII.
Military subordinate to civil power: See Const., art. I, § 12.

Legislation § 1895. 1. Enacted March 12, 1872. 2. Amended by Stats. 1897, p. 406. 3. Repealed by Stats. 1905, p. 285, in repealing the original and substituting a new Chapter I. 4. Present section (an amendment of the former) enacted by Stats. 1905, p. 285. See ante, Legislation Chapter I.

§ 1896. Who are exempt from military duty. The following persons are exempt from military duty and enrollment:

(1) Ministers of religion.

(2) Civil and military officers of the United States.

(3) Officers of foreign governments.

(4) Civil officers of the state of California.

(5) Members of any regularly organized fire or police department in any city, city and county, village or town.

(6) All persons exempted from military duty by the laws of the United States.

Elector exempted from military duty on day of election: See Const., art. II, § 3.

Legislation § 1896. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1905, p. 285, in repealing the original and substituting a new Chapter I. 3. Present section (an amendment of the former) enacted by Stats. 1905, p. 285. See ante, Legislation Chapter I.

§ 1897. Assessor to make roll of citizens subject to military duty. Age of citizen. Principals of colleges to furnish lists. The county assessor of each county, and the assessor of each city and county of this state, must at the time in each odd-numbered year when he prepares a roll containing the taxable inhabitants of his county or city and county, enroll all the inhabitants thereof subject to military duty, two copies of which roll must be sworn to by him and delivered to the clerk of the board of supervisors at the same time the said assessor delivers the assessment-roll. For the purpose of facilitating the making of the military-roll by the assessor, as provided in this chapter, it shall be the duty of the county clerk or officer authorized to make a register of voters in each county, to require a statement of every male voter at the time he applies for registration, as to whether or not such voter is subject to and qualified for military duty, and such statement shall be entered on the voter's affidavit of registration. The said assessor shall examine the aforesaid affidavits of registration and make a list there from of all persons eligible for military duty. The said assessor when making the annual assessments of property shall inscribe on each statement of property the age of the male citizen making the statement, if such citizen is between the ages of eighteen and forty-five years and is subject to military duty, and shall make a list thereof. If unable to ascertain the age upon inquiry from the person making such statement, the assessor shall estimate such person's age. The assessor shall also ascertain from each male citizen purchasing a poll-tax receipt, his age and if such citizen is subject to military duty, enter the same in the receipt-book stub and make a list thereof, and if such citizen refuses to state his age, the assessor shall estimate the same and keep a record thereof as so estimated, if of military age. The principal of each university, college, academy, high school, or other institution of learning in this state, shall on or before the first day of June of each year, send to the assessor of the county, or city and county in which such institution of learning is situated, a list duly verified by such principal, containing the names and ages of all male pupils attending such university, college, academy, high school or other institution of learning, subject to military duty, under the provisions of section 1895 of this chapter. The said assessor, after comparing the lists thus furnished him by the principals of said institutions of learning and the lists compiled by him from assessment statements and from poll-tax receipt-book stubs, with the list of registered voters from the office of the county clerk or other person authorized to register voters subject to military duty, to avoid duplication of names, shall consolidate said lists and add thereto the names of any other persons subject to military duty about whose qualifications therefor he may be reliably informed. This consolidated list shall constitute the militaryroll for such county or city and county. [Amendment approved 1913; Stats. 1913, p. 710.]

Legislation § 1897. Stats. 1897, p. 406.

1. Enacted March 12, 1872. 2. Amended by 3. Repealed by Stats. 1905, p. 285, in repealing the