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ART. LXV] MILITIA. 475
1916, ch. 311, sec 34.
32. The Governor, upon the recommendation of the .Brigade Com-
mander or Commander of the Naval Brigade, may, whenever he may
deem that the good of the service requires it, order any commissioned
officer before a board of examination to consist of not less than three
nor more than five field officers, or three officers in the case of the Naval
Brigade, which is hereby invested with the power of courts of inquiry
and courts martial, and such board shall examine into the moral char-
acter, capacity and general fitness for the service of such commissioned
officer, and record and return the testimony taken and a record of its
proceedings and findings. If the findings of such board be unfavorble
to such officer, and be approved by the Governor, he shall be discharged
from the service. Failure to appear when ordered before a board con-
stituted under this section shall be sufficient ground for a finding by
such board that the officer ordered to appear be discharged.
1916, ch. 311, sec. 35.
33. There shall be a retired list exclusively restricted to retirement
of officers on the active list of the authorized organized militia and none
other, to be known and designated as the "Maryland National Guard
Retired," and the officers placed thereon as herein provided shall be
authorized to wear their uniforms and equipments upon all military
occasions and occasions of ceremony. Retired officers upon said list
shall be amenable to court-martial for military offences to the same
extent as officers on the active list of the Maryland National Guard.
Any officer of the National Guard who has reached the age of sixty-
four years shall be placed upon, the retired list by the Governor. Any
commissioned officer who shall have served in the military service of
the State for fifteen years may upon his own request be placed upon the
retired list and withdrawn from active service and command by the
Governor. Any commissioned officer who shall have served in the
military service of the State for ten years and who because of change
of residence has become incapable of performing the duties of his
office, may be placed upon the retired list. Any commissioned officer
who has become or shall hereafter become disabled and thereby inca-
pable of performing the duties of his office shall be withdrawn from
active service and command and placed on the retired list. Any com-
missioned 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 Governor, 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 deter-
mine 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
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