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CHAPTER V.

The Board of Military Auditors.

$2093. Who constitute the Board

$2094. Allowance and payment of company expenses.

§ 2095.

$ 2096.

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2097.

$ 2098.

§ 2099.

Same.

Other duties of the Board.

Dut es of Controller and Treasurer.
Claims exempted from Board of Examiners.

Allowances to companies.

§ 2100. Military property of State.

2093. The Commander-in-Chief, Adjutant General, 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 appropriations for military purposes, upon the warrant of the State Controller, to the commanding officer of each infantry or cavalry company of the National Guard, the sum of one hundred dollars per month; and to the commanding officer of each artillery company, or Gatling battery company, the sum of one hundred and twenty-five dollars per month, and the additional sum of twenty-five dollars per month for each gun over one; the sums so paid paid to be used for armory rent, care of arms, and proper incidental expenses of the company. There must also be audited, allowed, and paid out of the same appropriation, to the commanding officer of each regiment or battalion, the sum of five dollars per month for each company in his command, for clerical expenses; and if the regiment or battallion has more than four companies, and has attached to it an organized and uniformed band of not less than twelve pieces, the additional sum of twenty-five dollars per month for such band; to each Brigadier General, five dollars per month for each company in his command; and to the Major General, six hundred dollars per annum; and to each company, a sum necessary for uniforms and to keep the same in repair, not to exceed one hundred and fifty dollars per annum; and to each company the amount necessarily expended for ammunition. [In effect April 15, 1880.]

The Secretary of State shall make no charge for issuing a military commission. [April 15, 1880.]

2095. No claim must be allowed under the provisions of the preceding section, unless an account of the expenditures for the preceding year, and ending June thirtieth, is made upon the annual muster roll, certified to by the commanding officer as correct. The demands must be made quarterly in duplicate, signed and sworn to by the officer claiming the same, before any field officer of the National Guard or Notary Public, and transmitted through the regular military channels, with the approval of each commanding officer through whose headquarters they are required to pass. One copy of such demands shall be filed in the office of the Adjutant General, and one copy sent to the Board of Military Auditors. [In effect April 15, 1880.]

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.

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 appropriation for military purposes. [In effect March 12, 1878.]

2098. Claims audited and allowed by the Board of Military Auditors are exempt from the provisions of Article XVIII of Chapter III, Part III of this Code.

Exempt from the provisions of § 654 et seq.

2099. The annual sum of two hundred and fifty dollars must be audited by the Board, and paid out of the appropriation for military purposes, to each company of the National Guard of sixty members or over, and an amount in proportion to every company of less than sixty members. The amount so audited and allowed must be paid to the commanding officers of such companies, for the use thereof. An itemized statement of the manner in which sums have been expended must be made by such officers to the Adjutant General on the thirtieth day of June in each year, together with a verified statement of the manner in which all moneys received by him from the State have been expended. [In effect April 15, 1880.]

2100. All military property paid for out of moneys allowed by the State shall be held to be the property of the State, and must be enumerated in the annual muster roll next following its purchase. [In effect March 12, 1878.]

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2107. It is the duty of the Adjutant General:

1. To keep and preserve the arms, accoutrements, ammunition, and other military property belonging to 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;

9. To perform such other duties as are required by the provisions of this Title. [In effect January 20, 1876.]

4. To cause so much of the militia laws as shall be in force to be printed and bound in proper form, and distributed, one copy to each commissioned officer, Supervisors' Clerk, and County Assessor in the State, and also to prepare and cause to be furnished to the National Guard, at the expense of the State, all necessary blank books, blank forms, and notices to carry into full effect the provisions of this section; and the Controller is hereby directed to draw his warrant on the Treasurer of the State for the expenses incurred under this section, after having the approval of the Board of Military Auditors. [In effect March 12, 1878.1

Apparent Amendment of 1878-above given, attempts to amend portion of section, without renacting whole section and publishing it at length (see § 325n), hence validity of change is doubtful.

POL. CODE-27.

2108. He must report to the Governor a statement: 1. Of all moneys received or disbursed by him since his preceding report;

2. An account of all arms, accoutrements, 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.

2109. He is ex officio Chief of Staff, Quartermaster General, Commissary General, Inspector General, and Chief of Ordnance.

2110. There shall be an assistant Adjutant General of California, who shall rank as Colonel on the Staff of the Governor and Commander-in-Chief. He shall be appointed by the Adjutant General, and hold office at his pleasure. [In effect March 4, 1881.]

2111. 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-inChief, and vouchers for such transportation, when audited by the State Board of Military Auditors, must be paid from the appropriation for Military purposes, on the warrant of the Controller. [In effect March 12, 1878.]

2112. Section two thousand one hundred and twelve of the Political Code is hereby repealed. [In effect January 20, 1876.]

2113. The annual salary of the Adjutant General is three thousand dollars.

2114. The annual salary of the Assistant Adjutant General is one thousand eight hundred dollars. (Approved April 1, 1878; in effect December 1, 1879.1

2115. The salaries provided for in this Chapter are payable monthly out of the General Fund in the State Treasury.

2116. The Adjutant General must execute an official bond in the sum of twenty-five thousand dollars. Official bonds-$$ 947-986.

2117. The provisions of this Title shall be in force and effect from and after the first day of May, eighteen hundred and seventy-two. The Adjutant General is hereby directed to have prepared and printed for the use of the National Guard of the State, whenever in his judgment it may be deemed necessary, the laws and regulations authorized by section one thousand nine hundred and forty-one of the Political Code. After distributing a sufficient number to the officers of the National Guard, the remaining copies may be sold to members of companies and regiments, and to all others who may desire to purchase the same. The price of copies sold shall not exceed one dollar. The money thus received shall be paid by the Adjutant General into the State Treasury at the end of each month. The moneys thus received by the State Treasury shall be placed to the credit of the General Fund. The number of copies authorized by this Section shall not exceed three thousand (3000) in any one year. [In effect March 4, 1881.]

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