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Acts of the California Legislature relative to the Indians (7 pages)

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Page: of 7

402
Governor may
call men inte
service.
Governor may
organize forces.
Officers
appointed by
Governor.
Allowance to
troops,
Provigo as to
number of
horses,
Chap. 91.
AN_ACT authorizing the Governor _to call out Troops to defend our
Srontier, and providing for their pay and compensation.
Passed March 17, 1851.
Whereas, our Eastern frontier is now being ravaged by hordes of savages:
who are murdering our citizens and destroying property of great value,
and whereas, the existence of such a state of things demands from us
prompt, immediate, and determined action. Therefore:
The People of the State of California, represented in Senate and
_ Assembly, do enact as follows :
§ 1. The Governor of the State is hereby authorized to call into service any number of men, not exceeding five hundred in addition to those
already engaged, that he may deem necessary, and commission any
number of officers, in addition to those already in command, which he
may deem proper for the purpose of defending our Eastern frontier
against the attacks of Indians or others.
§ 2. The Governor shall also have power to organize such forces as
may be raised under the provisions of this Act, by appointing such officers as may be necessary, and define the amount of bonds for the faithful
performance of the duties of disbursing officers, and appointing the same:
Provided, that he appoint no other officer than Quarter Master, Commissary, and Paymaster.
_ § 38. All persons now engaged under the command of Major James
D. Savage in the County of Mariposa, and those who are employed in
the same service under Major James Burney, and all others who may
enter the service under the call of the Governor, as provided in this Act,
shall be entitled to receive out of the “ War Loan Fund,” the following
pay per diem, for the term of ‘actual service rendered by each respectively. Each Major ten dollars per day ; each Captain eight dollars per
day ; and each Lieutenant six dollars per day; each Sergeant five dollars per day; each Corporal five dollars per day; each Private four
dollars per day ; each Quarter Master eight dollars per day ; each Commissary eight dollars per day; each Surveyor eight dollars per day ;
Adjutant eight dollars per day; each officer and private who has furnished his own horse or horses, shall be allowed one dollar per day for
each horse so furnished : Provided, the number furnished shall not
exceed the numiber allowed to officers and privates in the United States
Army; and further Provided, that each officer or soldier shall make
affidavit before some competent officer that such horse or horses were
actually in use in the campaign for the time charged, that they were
necessary for the service and not allowed or to be allowed for as property of apy other individual in the service.
LAWS OF THE STATE OF CALIFORNIA. \ $9 ,
ates
SECOND SESSION. ) 403
" § 4, Major James Burney, of the County of Mariposa, is hereby Poymaster.
appointed Paymaster of the troops now employed, or which may be
employed under the provisions of this Act, to pay and liquidate all claims
against this State, created as provided herein. Before entering upon the
duties of his office the said Paymaster shall execute to the Governor of
the State a satisfactory bond, conditioned for the faithful performance of
his duties. Upon filing such bond he shall be duly commissioned by
‘the Governor. Paymasters shall observe the same rules and regulations
as are adopted in the regular service of the United States in relation to
youchers, pay rolls, and receipts.
§ 5. The Comptroller of State is hereby authorized to issue_his warWarrants for yment of
rants payable out of the * War Loan Fund,” as hereinafter provided. Paymaster’s
Said warrants shall not issue until the said Paymaster shall have presented the claims, accounts, and vouchers, of the expenses incurred, and
the same shall have been approved by the Board of Examiners as provided by the Act entitled “an. Act prescribing the amount of compensa
tion and mode of payment to persons who have performed military serStes for the State of California, and expenses incurred therein, approved
March seventh, eighteen hundred and fifty-one, and filed in the office of
= Ouatter Master General. When the accounts have been so examined,
approved, and filed, the Comptroller shall issue his warrant on the Treasurer, pnyable out of the “ War Loan Fund,” in favor of each person
for the amount allowed him by such Board of Examiners. ; Such warrants shall be delivered to the said Paymaster, who shall immediately
upon their receipt proceed to the County of Mariposa, and deliver the
same to the person or persons in whose favor the same may be iran
taking from each his receipt for the same. The said Paymaster mel
return said receipts and the warrants, if any remain in his bands, within
six months after the receipt of said warrants, to the Comptroller of State,
with his certificate made under oath that the same is correct and was
properly paid out. Such receipt and certificate, when presenteg to we
Comptroller, shall ba conclusive evidence that the Paymaster has disig faithfully.
res te ta of compensation allowed the Paymaster created by
this Act, shall be three per centum upon the whole amount paid out oy
him under the provisions of this Act. His account shall also be sumitted to the Board of Examiners mentioned in section fifth, and i
approved, the Comptroller, as provided in said section, shall draw his
warrant upon the Treasurer in favor of the said Paymaster, payable out
n Fund.” ;
" et In ame af vacancy in the office of Payee as — provided,
int some person to fijl such vacancy. ;
a oe tho, Boyton created ty this Act shall be liable upon his
misconduct in his office. ;
re Act shall be in force no longer than during the present
incursion of the Indians.
claims.
Compensation to
Paymaster.
?
4
Office. of
Paymaster
vacant.
Liability of
Paymaster.
Continuance of
Act.