PHILLIPS LEE GOLDSBOROUGH, ESQ., GOVERNOR. 1647

35 of this article, be placed upon the retired list. Any com-
missioned officer who has become or shall hereafter become
disabled and thereby incapable of performing the duties of his
office shall be withdrawn from active service and command and
placed on the retired list. Any commissioned officer who has
become or shall hereafter become unfit or incompetent and
thereby incapable of performing the duties of his office shall
be discharged upon the recommendation of his commanding
officer or upon the recommendation of an inspecting officer.
Such retirement or discharge shall be by order of the Gov-
ernor, and in either case shall be subject to provisions of this
section. Before making such order a board of not less than
three commissioned officers, one of whom shall be a surgeon,
shall be appointed, whose duty it shall be to determine the
facts as to the nature and cause of incapacity of such officer
as appears disabled or unfit or incompetent from any cause
to perform military service and whose case shall be referred
to it. No officer whose grade or promotion would be affected
by the decision of such board in any case that may come before
it shall participate in the examination or decision of the board
in such case. Such board is hereby invested with the powers
of courts of inquiry and court-martial, and whenever it finds
an officer incapacitated for active service shall report such fact
to the Governor, stating cause of incapacity, whether from dis-
ability, unfitness or incompetence; and if he approves such find-
ings such officer shall be placed on the retired list or discharged,
as provided for in this sction. The members of the board
shall, before entering upon the discharge of their duties be
sworn to an honest and impartial performance of their duties
as members of such board. No officer shall be placed upon
the retired list or discharged by the action of such board before
having had a full and fair hearing before the board, if upon
due notice he shall demand it. It shall not be necessary to
refer any case for the action of such board arising under this
section unless the officer designated to be placed upon the retired
list or discharged shall within twenty days after being notified
that he will be so retired or discharged serve on the Adjutant-
General a notice in writing that he demands a hearing and
examination before such boards. Boards shall be appointed by
the Governor for officers above the grade of colonel and captain
of the Naval Brigade, and by the commanding officer of the
First Brigade for officers below the grade of brigadier-general
and for officers in the Naval Brigade below the rank of captain
by the commanding officer of the Naval Brigade. The Governor
may withdraw from active service and command and place upon