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ART. LXV] MILITIA. 477
who have previously served therein in a higher grade or who have pre-
viously served in the forces of the United States in time of war, brevet
commissions of a grade equal to the highest grade in which they pre-
viously served. Such commissions shall carry with them only such
privileges or rights as are allowed in like cases in the military and
naval service of the United States.
1916, ch. 311, sec. 38.
36. Commanding Officers of regiments, and of battalions not part
of regiments, shall appoint and warrant the noncommissioned staff
officers of their respective regiments, and they shall, in their discretion,
warrant the noncommissioned officers of the companies of their respec-
tive regiments or battalions from the members thereof, upon the writ-
ten nomination of the commanding officer of the company.
In the troop, battery or separate company and in the signal corps the
noncommissioned officers shall be warranted by the commanding officer
of the brigade, at his discretion,, from the members thereof, upon the
written nomination of the commanding officer of the troop, battery,
company or signal corps. No enlisted man shall be warranted as a non-
commissioned officer unless he shall have passed previously a satisfac-
tory examination before a board of examination to be appointed by the
officer authorized to issue such warrant. Sergeant, first class, and ser-
geants of the Hospital Corps must be appointed from the members of
the Hospital Corps. The officer warranting a noncommissioned officer
shall have power to reduce to the ranks, for good and sufficient reasons,
the noncommissioned officer named in this section; but such as were
enlisted as noncommissioned officers shall be discharged. Noncommis-
sioned officers who shall be dropped vacate their position. The provi-
sions of this section apply to the warrant and petty officers of the Naval
Brigade.
1916, ch. 311, sec. 39. 1917, ch. 27. sec. 39.
37. Any man who is a citizen of the United States, or has declared
his intention to become a citizen, if more than eighteen and not over
forty-five years of age, able-bodied, of good character and temperate
habits, may be enlisted in the National Guard of this State, under the
restrictions of this Article, for a term of not less than three years,
except that men may be enlisted as musicians if more than sixteen years
of age. No person under the age of eighteen years shall be enlisted in
the National Guard without the written consent of his parents or guar-
dians, provided that such minor has such parents or guardians entitled
to his custody and control. No man who has been expelled or dishon-
orably discharged from any military organization of the State or United
States shall be eligible for enlistment or re-enlistment unless he pro-
duces the written consent to such enlistment of the Commanding Officer
of the organization from which he was expelled or dishonorably dis-
charged. Men who have been discharged by reason of disbandment,
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