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ARTICLE VII.

Pay and Allowance.

$ 2076. Pay of officers and men. § 2077. Traveling expenses. § 2078. For officers' uniforms. § 2079. Payments froin appropriation for military purposes. Claims. 8 2080. Allowance to each company. § 2081. Officers to give bonds. Amounts. Responsibility for shortages.

Deposit of moneys. $ 2082. Transportation of arms. § 2083. Adjutant-general to audit claims. 8 2084. Duties of controller and treasurer, $ 2085. Claims exempt. § 2086. Payments from general fund; salaries.

Legislation Article VII. Added by Stats. 1905, p. 277, in repealing the old and substituting a new Chapter II, Title IV. Compare, generally, the various subdivisions of this title.

§ 2076. Pay of officers and men. Officers while on active duty in the service of the state shall receive the same pay and allowance as officers of similar grade in the United States army and United States navy. Enlisted men while on active duty in the service of the state shall receive two dollars per day; provided, that no pay shall be allowed to any officer or enlisted man when on duty in any state camp mentioned in section 2005 of the Political Code of the state of California; and in any camp held in pursuance of orders from the commander-in-chief there shall be allowed for each mounted officer and enlisted man one dollar and fifty cents per day for the horse necessarily used by him at such camp; provided, further, that all enlisted men in attendance at joint-maneuver camps of the national guard and United States army and all enlisted men of the naval militia while on an annual cruise of instruction in pursuance of the orders of the commander-in-chief shall receive one dollar per day in excess of the government pay per day at such camp or for such cruise of instruction; provided, that the time for which pay is allowed naval militia men on such cruise shall not exceed fif. teen days in any one year; and provided, further, that officers of the national guard on duty in the adjutant-general's department when called into active service by competent authorities shall receive the same pay and allowance as officers of similar grade of the United States army. In case the legislature does not appropriate sufficient money to pay one dollar per day to each enlisted man participating in joint maneuvers or cruises for instruction, then the money actually appropriated shall be apportioned among, and paid pro rata, to the enlisted men participating, upon estimate made by the adjutant-general in advance of such apportionment and payment. [Amendment approved 1913; Stats. 1913, p. 1114.]

Legislation § 2076. 1. Added by Stats. 1905, p. 277. 2. Amended by Stats. 1909, p. 634. 3. By Stats. 1913, p. 1114. See supra, Legis. lation Article VII. 2077. Traveling expenses.

Whenever an officer of the national guard is detailed for special duty in any matter relating to the national guard, by order of the commander-in-chief, or by order of the brigade, regimental, battalion or squadron commander, on approval of the commander-in-chief, he shall be allowed three dollars per day and actual traveling expenses. An enlisted man similarly detailed shall be allowed two dollars per day and actual traveling expenses. Whenever an officer of the United States army or navy detailed by the war or navy department for service with the national guard of California, is detailed by the commander-in-chief of this state for special duty involving travel not specially directed by the war

or navy department, said officer shall be allowed his actual traveling expenses, but no per diem. (Amendment approved 1913; Stats. 1913, p. 1115.]

Legislation & 2077. 1. Enacted by Stats. 1905, p. 277; an amendment of old $ 2066. 2. Amended by Stats. 1913, p. 1115. See supra, Legislation Article VII.

§ 2078. For officers' uniforms. All officers shall receive at the conclusion of each fiscal year the sum of twenty-five dollars to assist in uniforming and equipping themselves, provided they have served as such the entire twelve months comprising such fiscal year, and if not, then such proportion of said sum as the time served bears to said year; provided, further, that personal aids-de-camp of the commander-in-chief shall not receive such allowance except those detailed from the active list. (Amendment approved 1911; Stats. 1911, p. 330.]

Legislation § 2078. 1. Added by Stats. 1905, p. 278. 2. Amended by Stats. 1909, p. 634. 3. By Stats. 1911, p. 330. See supra, Legis. lation Article VII.

§ 2079. Payments from appropriation for military purposes. Claims. There must be audited and allowed by the adjutant-general and paid out of the appropriation for military purposes, upon the warrant of the state controller, to the commanding officer of each infantry, coast artillery and engineer company of the national guard, and each division and marine company of the naval militia, except the engineer divisions of the naval militia, the sum of one hundred dollars per month; to the commanding officer of each field hospital, one hundred and twenty-five dollars per month; to the commanding officer of each ambulance company, one hundred and fifty dollars per month; to the commanding officer of each machine gun company, company of signalmen, troop of cavalry, battery of field artillery, and of the engineer divisions of the naval militia the sum of two hundred dollars per month; provided, that in case machine gun platoons or detachments are organized instead of full machine gun companies, that said platoons or detachments shall receive that proportion of the monthly allowance herein provided for a full machine gun company, that the said platoon or detachment in numbers of personnel bears to said company; the sum so paid to be used for armory rent, care of arms, and proper incidental expenses of the company, troop, battery, field hospital, or division. There shall be allowed, audited, and paid out of the same appropriation, to the commanding officer of each brigade the sum of two hundred dollars per month; to the commanding officer of each regiment, and of the naval militia, and to the chief of coast artillery the sum of one hundred and fifty dollars per month; to the commanding officer of each separate battalion or separate squadron

the sum of fifty dollars per month; the sums so paid to be used for rent of headquarters, clerical expenses, stationery, printing, postage and proper incidental expenses of the commanding officer of the organization for which said sums are audited, allowed and paid. If any regiment, the naval militia, or the coast artillery corps, or separate battalion or separate squadron shall have attached to it a uniformed and organized band of not less than twenty-eight people, to the commanding officer of such regiment, naval militia, artillery corps, separate battalion or separate squadron, the additional sum of seventy-five dollars per month for such band; to the chief surgeon the sum of fifty dollars per month for rent and proper incidental expenses; and to the adjutant-general the sum of ten thousand dollars per annum, to be expended by him in promoting target practice. There must be audited and allowed by the adjutantgeneral, and paid out of the appropriation for military purposes, to the medical officer in charge of each detachment of the medical department on duty with a regiment, with the signal corps, cavalry, field artillery, with the coast artillery, and the chief surgeon of the naval militia, the sum of fifty dollars per month, for rent and proper incidental expenses of such detachment. No claim shall be allowed under the provisions of this section except upon demand made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any officer of the national guard, or notary public, and forwarded through the headquarters of the regiment, coast artillery corps, separate battalion, or separate squadron, or naval militia, with the approval of each commanding officer through whose headquarters they are required to pass, direct to the adjutant-general; provided, that the adjutant-general may make expenditures at any time for the promotion of target practice out of the appropriation for that purpose herein provided for. (Amendment approved 1915; Stats. 1915, p. 675.

Legislation g 2079. 1. Enacted by Stats. 1905, p. 278; an amend. ment of old $$ 2094, 2095. 2. Amended by Stats. 1907, p. 831. 3. By Stats. 1909, p. 634. 4. By Stats. 1911, p. 330. 5. By Stats. 1913, p. 1115. 6. By Stats. 1915, p. 675. See supra, Legislation Article VII.

$ 2080. Allowance to each company. The sum of two hundred and fifty dollars shall be audited by the adjutant-general and annually paid out of the appropriation for military purposes, to each company, troop, battery, field hospital and ambulance company of the national guard and to each division and marine company of the naval militia. The amount so audited and allowed shall be paid to the commanding officers of such organizations for the use thereof. [Amendment approved 1915; Stats. 1915, p. 678.]

Legislation § 2080. 1. Enacted by Stats. «1905, p. 279; an amendment of old $ 2099. 2. Amended by Stats. 1911, p. 330. 3. By Stats. 1913, p. 1116. 4. By Stats. 1915, p. 678. See supra, Legislation Article VII.

§ 2081. Officers to give bonds. Amounts. Responsibility for shortages. Deposit of moneys. All officers of the national guard and naval militia of California must give such bonds and security as may be required and within the time prescribed by the adjutant-general to secure the state for loss on account of the misuse or misapplication of any state or company property or funds, or property of the United States in use by the state. Said bonds must be conditioned upon the faithful per. formance of all duties, and accounting for all property and moneys, including company funds, of which the commanding officer, who is ex officio treasurer, shall be custodian. Where a bonding company is required or given as surety, the cost of bonds may be paid from the state allowance to commanding officers; provided, that the premium on the bond required to be furnished by any officer of the national guard or naval militia of California detailed or appointed to disburse United States funds may be paid to such officer upon proper claim from such military fund as the adjutant-general may direct. The amounts of such bonds shall be as fol. lows: The adjutant-general in the sum of ten thousand dollars, brigade quartermaster in the sum of two thousand dollars, regimental quartermaster in the sum of two thousand dollars, battalion quartermaster in the sum of one thousand dollars, the chief of coast artillery, commanding officers of regiments, naval militia, unattached battalions and squad. rons, in the sum of one thousand dollars, commanding officers of companies, troops, batteries, and divisions of the naval militia in the sum of two thousand dollars; all other officers in the sum of five hundred dollars. Any officer who is accountable for any state, or company funds or property who fails or neglects to deliver over such funds or property to the person designated by proper authority to relieve such officer, shall be held responsible and shall be charged with all shortages both of funds and property not covered by the receipt obtained by such officer from the person to whom he shall have delivered over such property. Quartermasters shall be held accountable and responsible for all property issued to the headquarters to which they are attached, or with which they are on duty. All moneys, including company funds, of which the commanding officer is the custodian, shall be deposited in a United States national bank or a responsible bank duly incorporated under and by virtue of the laws of the state of California. (Amendment approved 1915; Stats. 1915, p. 674.]

Bond of adjutant-general: See ante, $ 1924.

Legislation § 2081. 1. Enacted by Stats. 1905, p. 279; an amendment of old § 1965. 2. Amended by Stats. 1907, p. 832. 3. By Stats. 1909, p. 636. 4. By Stats. 1911, p. 331. 5. By Stats. 1915, p. 674. See supra, Legislation Article VII.

§ 2082. Transportation of arms. The transportation of arms, equipments, and military stores issued to troops or received by the state, and all other military transportation, must be contracted for by the adjutant. general, under the direction of the commander-in-chief; and vouchers for such transportation, when approved by the adjutant-general, must be paid from the appropriation for military purposes, on the warrant of the state controller.

Legislation § 2082. Enacted by Stats. 1905, p. 279; an amendment of old § 2111. See supra, Legislation Article VII.

§ 2083. Adjutant-general to audit claims. The adjutant-general must audit and allow all proper claims against the military fund incurred by troops in the service of this state and by officers attached to the same.

Legislation § 2083. Enacted by Stats. 1905, p. 279; an amendment of old $ 2090. See supra, Legislation Article VII,

§ 2084. Duties of controller and treasurer. The controller of the state must draw his warrants for any amount approved and allowed as provided in this title, and the treasurer of the state must pay the same out of the appropriation for military purposes, if not otherwise provided.

Legislation & 2084. Enacted by Stats. 1905, p. 279; an amendment of old § 2097. See supra, Legislation Article VII.

§ 2085. Claims exempt. Claims audited and allowed as provided in this chapter are exempt from the provision of article 18 of the Political Code. [Amendment approved 1911; Stats. 1911, p. 331.]

Legislation § 2085. 1. Enacted by Stats. 1905, p. 279; an amend. ment of original coile $ 2098. 2. Amended by Stats. 1911, p. 331. See supra, Legislation Article VII.

5 2086. Payments from general fund; salaries. There shall be allowed and paid out of the general fund in the state treasury to officers, clerks and other employees in the adjutant-general's department, the following salaries payable monthly: To the brigadier-general of the adjutant-general's department (the adjutant-general) three thousand six hundred dollars per annum; to the lieutenant-colonel of the adjutant-general's de. partment, three thousand dollars per annum; to the chief clerk, nineteen bundred dollars per annum; three clerks, seventeen hundred dollars per annum each; one stenographer and clerk, fifteen hundred dollars per annum; one military storekeeper, twelve hundred dollars per annum; one assistant military storekeeper and porter, nine hundred dollars per an. pum. (Amendment approved 1915; Stats. 1915, p. 676.]

Legislation & 2086. 1. Adiled by Stats. 1905, p. 279. 2. Amended by Stats. 1909, p. 636. 3. By Stats. 1915, p. 676. See supra, Legislation Article VII.

ARTICLE VIII.

Privileges, Prohibitions, etc. $ 2093. Exemption from arrest. 3 2094. Right of way.

Freedom from interference. $ 2095. Trespassers and disturbers to be placed in arrest. $ 2096. Bands. $ 2097. Decorations and medals. $ 2098. Exemptions, etc. $ 2099. Compensation for disabled members of national guard. Deemed

employees of state. Basis of compensation. $ 2100. By-laws. $ 2101. Fines. $ 2102. Honorary members. $ 2103. Rules and regulations. $ 2104. Custom and usage of the United States army. $ 2105. Colors. $2106. Oaths. $ 2107. State armory board. Powers. Duties.

Leç islation Article VIII. Added by Stats. 1905, p. 280, in repealing the old and substituting a new Chapter II, Title IV. Compare, generally, the various subdivisions of this title.

$ 2093. Exemption from arrest. No person belonging to the military forces is subject to arrest cu civil process while goivg to, remaining at,

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