or by virtue of any or all of the following sections, to wit: sections one thousand eight hundred and eighty, one thousand eight hundred and eightyone, one thousand eight hundred and eighty-two, one thousand eight hundred and eighty-three, one thousand eight hundred and eighty-four, one thousand eight hundred and eighty-five, one thousand eight hundred and eighty-six, one thousand eight hundred and eighty-seven, and one thousand eight hundred and eighty-eight, of the Political Code, shall be valid in the same manner and to the same extent as if said sections used the words "board of education, board of trustees, or other governing body," in place of the words "board of trustees,' whenever the words "board of trustees" occur in said sections. [Amendment approved March 27, 1895; Stats. 1895, p. 245. In effect March 27, 1895.] § 1887. The board of supervisors, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such district, for the interest and redemption of said bonds, and such tax must not be less than sufficient to pay the interest of said bonds for that year, and such portion of the principal as is to become due during such year, and in any event must be high enough to raise, annually, for the first half of the term said bonds have to run, a sufficient sum to pay the interest thereon; and during the balance of the term, high enough to pay such annual interest, and to pay, annually, a proportion of the principal of said bonds equal to a sum produced by taking the whole amount of said bonds outstanding and dividing it by the number of years said bonds then have to run; and all moneys so levied, when collected, shall be paid into the county treasury to the credit of the building fund of such district, and be used for the payment of principal and interest on said bonds, and for no other purpose. The principal and interest on said bonds shall be paid by the county treasurer, upon the warrant of the auditor, out of the fund provided therefor; and it shall be the duty of the auditor to cancel and file with the treasurer the bonds and coupons as rapidly as they are paid. [In effect March 7, 1881.] § 1888. If the board of supervisors of any coun ty which has issued bonds under the provisions of this act, shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the State controller, taking his receipt therefor, and the same shall be registered in the State controller's office; and the State board of equalization shall, at their next session, and at each annual equalization thereafter, add to the State tax to be levied in said district, a sufficient rate to realize the amount of principal or interest past due prior to the next levy, and the same shall be levied and collected as a part of the State tax, and paid into the State treasury, and passed to the special credit of such district bond tax, and shall be paid by warrants, as the payments mature, to the holder of such registered obligations as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said district. [In effect March 7, 1881.] § 1889. Whenever any bonds issued under the provisions of this title shall remain unsold for the period of six months after having been offered for sale in the manner prescribed by the board of supervisors, the board of trustees, or board of education of the school district for or on account of which such bonds were issued, or of any school district composed wholly or partly of territory which, at the time of holding the election menand eightytioned in section eighteen hundred three, was embraced within the district for or on account of which such bonds were issued, may petition the board of supervisors to cause such unsold bonds to be withdrawn from market and canceled. Upon receiving such petition, signed by a majority of the members of said board of trustees or board of education, the supervisors shall fix a time for hearing the same, which shall not be more than thirty days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published for ten days prior to the day of hearing, in some newspaper published in said school district, if there is one, and if there is no newspaper published in said school district, then in a newspaper published at the county seat of the county in which such school or some part thereof is situated. At the time and place designated in the notice for hearing said petition, or at any subsequent time to which said hearing may be postponed, the supervisors shall hear any reasons 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 be canceled; and thereupon said bonds, and the vote by which they were authorized to be issued, shall cease to be of any validity whatever. [Approved March 15, 1889.] III. § 1895. § 1896. § 1897. § 1898. § 1899. § 1900. IV. National Guard. Calling and Drafting the Militia into Courts Martial and of Inquiry. V. Board of Military Auditors. CHAPTER I. ENROLLED MILITIA. Who are subject to military duty. Assessor to enroll persons subject to military duty. Penalty for dereliction as to enrollment. $ 1901. Compensation of Assessors. $ 1902. Muster roll to be made by Brigadier General. § 1895. 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. [Amendment approved April 1, 1897; Amendments 1897, Chap. cclxi; in effect immediately. Militia, Constitutional provisions as to-in State Constitution. Article devoted to: art. 8. Banners or flags of other state or nation not to be carried: art. 8, sec. 2 (1879). Commissions of officers, Governor to sign: art. 5, sec. 14; art. 8, sec. 1. Duty, electors' exemption from on day of election: art. 2, sec. 3. Fine, no imprisonment for, in time of peace: art. 1, sec. 15. Governor is commanderin-chief of: art. 5, sec. 5; to remain in command: Const. Cal., art. 5, sec. 16; when empowered to call forth: art. 8, sec. 1; to sign commissions: See commissions. Officers not disqualified for civil office: art 4, sec. 20; election or appointment: art. 8, sec. 1: commissions of: See that head. Organization and discipline, Legislature to provide for: art. 8, sec. 1. Military-subordinate to civil power: See Const. Cal., art. 1, sec. 12; same for interdiction of standing army and quartering of soldiers. § 1896. The following persons are exempt from miltary duty and enrollment: 1. Ministers of Religion. 2. Civil and military officers of States. 3. Officers of foreign Governments. the United 4. Civil officers of the State of California. 5. All persons exempted from military duty by the laws of the United States. See Const. Cal., art. 2, sec. 3. § 1897. The county assessor of each county in this State must, at the same time in each year when he prepares a roll containing the taxable inhabitants of his district or 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 he delivers the assessment roll. In the city and county of San Francisco the tax collector must perform the duties by this section imposed upon assessors. [Amendment approved April 1, 1897: Amendments 1897, Chap. cclxi; in effect immediately.] Pol. Code-33. § 1898. If any assessor, or the tax collector of the city and county of San Francisco, neglects or refuses to perform any of the duties required of him by this chapter, he is subject to the same liabilities as are provided by law for a neglect or refusal to perform any of the duties required of him in the assessment of taxes, and, in addition, forfeits not less than three hundred, nor more than one thousand, dollars, to be sued for in the name of the people of the State, by the district attorney of the respective counties, and when recovered to be paid into the military fund of the State. If the clerk of the board of equalization neglects or refuses to deliver to the brigadiergeneral of the brigade to which his county belongs a copy of the military assessment roll, as directed in this chapter, he forfeits not less than three hundred, nor more than five hundred, dollars, to be sued for, recovered, and disposed of in the same manner. [Amendment approved April 1, 1897; Amendments 1897, ch. cclxi. In effect immediately.] § 1899. The board of equalization must correct the roll at the same time and in the same manner as is prescribed by law for the correction of the assessment roll. § 1900. The clerk of the board of supervisors must deliver to the brigadier-general of the brigade to which his county belongs a copy of such roll, certified by him, within ten days after the board of equalization have completed their corrections. [Amendment approved April 1, 1897; Amendments 1897, ch. celxi. In effect immediately.] § 1901. The compensation of assessors for making out the military roll must be determined by the boards of supervisors of the several counties, at the rate of five dollars for each one hundred names of persons returned by the assessors as subject to military duty. $ 1902. Each brigadier-general must, on the first Monday in October of each year, make from the rolls received by him a muster roll, showing the number of persons within the limits of his command subject to military duty, the original of which, signed by him, must be filed in his office, and a copy thereof transmitted at once to the Adjutant-general. |