penalties as is customary with Courts martial in the army of the United States. and approval of sentence. 2079. The officer appointing a Court martial must Revision revise the proceedings and approve or disapprove the sentence of such Court martial, and must direct the execution of such sentence, or mitigate 'the punishment, or may remit the sentence of the person convicted; but the person so sentenced may apply to the Commander in Chief to revise the proceedings and to disapprove them or pardon the offense, in which case the officer approving the sentence will transmit the proceedings in the case to the Commander in Chief, and the execution of the sentence must be suspended until the proceedings are returned with the decision thereon. collected. 2080. For the purpose of collecting fines or pen- Fines, how alties imposed by Courts martial, the President of any such Court must make a list of all such fines and penalties, and of the persons against whom they have been imposed, and must, within fifteen days after the fines and penalties have been imposed, issue a warrant under his hand, directed to any Sheriff or Constable of the county, commanding him to levy and collect such fines, together with costs, upon and out of any property of the person against whom the fine or penalty was imposed, and such warrant may be executed and renewed in the same manner as executions issued from Justices' Courts are executed and renewed. All property, except the homestead, is subject to execution and forced sale under such warrant. NOTE. This section was amended so as to read as published in the text, by Act of April 1, 1872, cited in note to Sec. 18, ante. No action in certain cases ins 2081. No action can be maintained against any member of a Court martial, or officer, or agent acting members against of courts under his authority, on account of an imposition of a martial." i Who may order courts fine, or the execution of a sentence, on a person not liable to military duty, if such person has been summoned and notified in writing of the charges preferred against him, and has failed to appear and show his exemption before the Court. 2082. Courts of inquiry may be ordered by the of inquiry. Commander in Chief, by the Major General, or by any Brigadier General Rules governing. Sheriffs and Constables 2083. Courts of inquiry are governed by the same rules as similar Courts in the army of the United States. 2084. Every Sheriff and Constable must serve all must serve orders, subpoenas, or process delivered to him for that purpose by any member of a Court martial. subpoenas, etc. NOTE. This section was added by Act of April 1, 1872, cited in note to Sec. 18, ante. Who constitute CHAPTER V. THE BOARD OF MILITARY AUDITORS. SECTION 2093. Who constitute the Board. 2094. Allowance and payment of company expenses. 2095. Same. 2096. Other duties of the Board. 2097. Duties of Controller and Treasurer. 2098. Claims exempted from Board of Examiners. 2099. Allowances to companies. 2093. The Commander in Chief, Adjutant General, the Board. and the Attorney General constitute a Board of Military Auditors. The Commander in Chief is President, and the Adjutant General Secretary; and the Board must have a seal, which must be attached to all accounts audited by them. 2094. There must be audited and allowed by the Board of Military Auditors, and paid out of the Mili and company tary Fund, upon the warrant of the State Controller, Allowance to the commanding officer of each company of cav- payment of alry or infantry of the National Guard, for armory rent expenses. and incidental expenses of an armory, care and cleaning of arms and military property in charge of such company, the sum of not more than one hundred dollars per month; to the commanding officer of each light battery, the sum of not more than fifty dollars per month for each gun under their command; and to the commanding officer of each regiment, for incidental expenses, the sum of not more than three dollars for each company per month; and to the commanding officer of each battalion, the sum of not more than three dollars per month for each company in his battalion; to each Brigadier General of Brigade, the sum of three dollars per month for each company in his brigade. NOTE. This section was amended so as to read as published in the text, by Act of April 1, 1872, cited in note to Sec. 18, ante. The following is the ruling of the Adjutant General under this section: "Demands under this section to be made out quarterly by commanding officers of companies, battalions, regiments, brigades, etc., upon blanks furnished by the Adjutant General." 2095. No claim must be allowed under the pro- Same. visions of the preceding section unless an itemized account of the expenditures is made out, signed, and sworn to in duplicate by the officer claiming the same, and transmitted through the proper military channel to the Adjutant General of the State-one copy to be filed in the office of the Adjutant General, and one to be sent to the Board of Military Auditors. 2096. The Board of Military Auditors must audit and allow all proper claims against the Military Fund incurred by troops in the service of this State, and officers attached to the same. other duties of the Board. Duties of and Treasurer. Claims exempted from 2097. The Controller of State must draw his warrants for any amount audited and allowed by the Board, and the Treasurer of State must pay the same out of the Military Fund. 2098. Claims audited and allowed by the Board of Military Auditors are exempt from the provisions of Examiners. Article XVIII of Chapter III, Part III of this Code. Board of Allowances to NOTE.-The exemption is from being submitted to the State Board of Examiners, as required by Secs. 660-1-2, ante. 2099. The sum of three hundred dollars must companies. annually be audited by the Board and paid out of the Military Fund to each company of the National Guard of over sixty members, and an amount in proportion to every company of less than sixty members; and also the sum of one hundred dollars to each detachment of engineers. The amounts so audited and allowed must be paid to the commanding officers of such companies or detachments for the use thereof. A quarterly statement of the manner in which such sums have been expended must be made by such officers to the Adjutant General. NOTE. This section was added by Act of April 1st, 1872, cited in note to Section 18, ante.-See Sec. 176, Penal Code Cal. CHAPTER VI. ADJUTANT GENERAL. SECTION 2107. General duties of Adjutant General. 2108. Report of. 2109. To act as Chief of Staff. 2110. Staff of. 2111. Transportation of arms. 2112. Salary of Armorer. 2113. Salary of Adjutant General. 2114. Salary of Assistant Adjutant General. SECTION 2115. Salaries, when and out of what Fund payable. 2116. Official bond. 2117. Title in force, etc. General duties of 2107. It is the duty of the Adjutant General: 1. To keep and preserve the arms, accouterments, ammunition, and other military property belonging to Adjutant the State; 2. To keep on file in his office all returns and reports made to him; 3. To keep an account, in a manner directed by the Commander in Chief, of all moneys received or disbursed by him; 4. To prepare and keep all blank forms required for the service; 5. To attest all commissions issued to military officers; 6. To authenticate with his official seal all papers issued from his office; 7. To make out and transmit the annual militia returns prescribed by the Act of Congress of March second, eighteen hundred and three; 8. To appoint an Armorer, and prescribe and enforce his duties; 9. To perform such other duties as are required by the provisions of this Title. General. 2108. He must report to the Governor a state- Report of. ment: 1. Of all moneys received or disbursed by him since his preceding report; 2. An account of all arms, accouterments, ammunition, and military property belonging to the State, from what source received, and to whom issued; 3. Of the present condition of all such property under his charge; 4. The number and condition of the National Guard and of the enrolled militia of the State. |