General Provisions of California Military And Veterans Code
This act shall be known as the Military and Veterans Code.
The provisions of this code in so far as they are substantially
the same as existing statutes relating to the same subject matter
shall be construed as restatements and continuations thereof, and not
as new enactments.
All persons who, at the time this code goes into effect, hold
office under any of the acts repealed by this code, which offices are
continued by this code, shall continue to hold the same according to
the former tenure thereof.
No action or proceeding commenced before this code takes effect,
and no right accrued, is affected by the provisions of this code,
but all procedure thereafter taken therein shall conform to the
provisions of this code so far as possible.
Unless the context otherwise requires, the general provisions
hereinafter set forth shall govern the construction of this code.
Division, part, chapter, and article headings contained herein
shall not be deemed to govern, limit, modify, or in any manner affect
the scope, meaning, or intent of the provisions of any portion of
Whenever, by the provisions of this code, a power is granted to
a public officer or a duty imposed upon such an officer, the power
may be exercised or duty performed by a deputy of the officer or by a
person authorized pursuant to law by the officer, unless it is
expressly otherwise provided.
Writing includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report,
statement or record is required by this code, it shall be made in
writing in the English language unless it is otherwise expressly
Whenever any reference is made to any section of this code or to
any law of this State or the United States or to the Articles of War
or the rules and regulations of the United States Army or Navy
departments, such reference shall apply to all amendments and
additions thereto now or hereafter made.
"Section" means section of this code unless some other statute
is specifically mentioned.
The present tense includes the past and future tenses; and the
future, the present.
The singular number includes the plural, and the plural the
"County" includes city and county.
"Shall" is mandatory and "may" is permissive.
"Oath" includes affirmation.
An oath authorized or required by Division 2 of this code or
the regulations issued thereunder or the statutes or regulations
governing the United States Army or United States Navy or United
States Air Force or the National Guard or the Air National Guard or
active militia may be taken before the following persons who are
authorized to administer the same within and without the State,
namely: all officers and persons authorized to administer oaths by
the 136th Article of the Uniform Code of Military Justice adopted by
Section 102 as part of this code, the Adjutant General, the Assistant
Adjutant General, the administrative officer in the Office of the
Adjutant General, officers of the National Guard when such oath is
authorized or required in a matter pertaining to the National Guard,
and officers of the Naval Militia when such oath is authorized or
required in a matter pertaining to the Naval Militia, except officers
of both land and naval forces on the reserve and retired list while
unassigned to duty, or by any other officer authorized to administer
oaths under the laws of this State. No charge shall be made for the
In other cases where an oath is required by this code, the same
may be administered by persons authorized to do so by law.
"Signature" or "subscription" includes mark when the signer or
subscriber cannot write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but a signature or subscription by
mark may be acknowledged or may serve as a signature or subscription
to a sworn statement only when two witnesses so sign the same.
Whenever used in this code, in specifying or defining the
rights of employees of the State, or of any county, city and county,
city, public district of any type or class, or other public or
municipal corporation who are absent from their duties as such
employees while in the active military service of the United States
of America or of the State of California, or while assigned to duty
with the military forces of the United States of America or of the
State of California in the full time paid service of the American Red
Cross, the word "war" shall mean: (a) whenever Congress has declared
war and peace has not been formally restored; (b) whenever the
United States is engaged in active military operations against any
foreign power, whether or not war has been formally declared; or (c)
whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.