1494 MILITIA. [ART. 65

his acceptance of same to the presiding officer, he shall be considered
as declining the office to which he shall have been elected, and a new
election shall be held. Should there be no choice, the presiding officer
shall adjourn the meeting and the convening officer may order another
meeting, and at that meeting open the polls for another election; and
if such second meeting result in no choice, the governor shall be noti-
fied and may then fill the vacancy by appointment. The presiding
officer shall forward the proceedings of an election in such manner
as provided in the regulations issued under this article.

1908, ch. 103, sec. 39.

38. Every officer duly commissioned shall, within ten days after
his commission is tendered him, or within ten days after he shall have
been notified personally or by mail that the same is held in readiness
for him by a superior officer, take and subscribe to the constitutional
oath of office. Such oath shall be taken and subscribed to before an
officer authorized by law to administer an oath, or some general or
field officer who has taken the oath himself and who is hereby author-
ized to administer the same. In case of neglect or refusal to take and
subscribe to such oath within the time mentioned, such commission
shall be cancelled by the governor and a new appointment shall be
made, or a new election shall be ordered to fill the vacancy.

1908, ch. 103, sec. 40.

39. Officers shall take rank from date of commissions; an officer
who has served in the same grade continuously, either by re-election
or re-appointment, shall take rank from the date of his first commis-
sion in the grade.

1908, ch. 103, sec. 41.

40. A commissioned officer tendering his resignation before hav-
ing served five years, if the governor shall accept it, shall receive an
honorable discharge. If he has served five years or more he shall
receive a full and honorable discharge, provided he shall not be under
arrest or return to a military court for any deficiency or delinquency;
and, provided further, he be not indebted, to the State in any manner,
and that his accounts for money or for public property be correct.
In computing the time served, service as an enlisted man shall be
allowed, and the service is not required to be continuous. If the gov-
ernor accepts the resignation of an officer who at the time shall be
under arrest, under charges, or returned to a military court for any
offense, deficiency or delinquency, such officer shall then cease to be
an officer of the national guard, and shall receive a discharge in such
form as the governor shall direct; nor shall he again be eligible to
receive a commission unless he first re-enlist, as provided in this article
in the case of men dishonorably discharged, and until he shall have
performed at least sixty per cent, of duty in each year under such
enlistment for two successive years.