1648 LAWS OF MARYLAND. [Ch. 851]

the retired list any officer who has been twenty-five years in the
active service of the National Guard on the recommendation of
the commanding officer of the First Brigade or Naval Brigade.
Vacancies created by the operation of this section shall be filled
in the same manner as other vacancies.

SEC. 49. Any man who has served the period of his orig-
inal enlistment may be re-enlisted with the right to be granted
his discharge at the expiration of any year in said term of
re-enlistment. No man above the age of forty-five shall be re-
enlisted except by permission of the commanding officer of the
brigade or naval brigade and upon the recommendation of his
company or division commander.

SEC. 63. The force organized as prescribed in this act shall
be considered in the actual service of the State, and the mem-
bers thereof shall be subject to all military laws, orders and
regulations prescribed for the government thereof, and all mili-
tary offences shall be considered, and they are hereby declared
to be offences against the general police regulations of the State
and shall be punished by fine or imprisonment as hereinafter
provided.

Except when on duty in time of war, insurrection, invasion,
public danger or to aid the civil authorities on account of any
breach of the peace, tumult, riot, resistance to power of the
State, or imminent danger thereof, and also in all cases not
otherwise covered, commissioned officers may be tried by court-
martial for the following offences:

1. Non-attendance without excuse at any drill, parade, en-
campment, meeting for instruction, or other duty ordered by
competent authority.

2. Unmilitary or unofficer-like conduct.

3. Drunkenness on duty.

4. Neglect of duty.

5. Disobedience of orders or any act contrary to the pro-
visions of the militia laws of the State or to the orders and
regulations prescribed for the government of the National
Guard.

6. Refusing to grant a discharge to an enlisted man when
entitled to same.

7. Oppression or injury of any under his command.

8. Conspiracy or attempt to break, resist or evade the laws
or lawful orders given to a person or advising any person to
do so.