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ART. LXV] MILITIA. 479
1916, ch. 311, sec. 42.
40. 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.
1916, ch. 311, sec. 43.
41. An enlisted man who shall remove his residence to such dis-
tance from the armory of his organization as to render it impracticable
for him to perform his duties properly, or who, after due diligence, can-
not be found, or who shall be convicted of a crime, or who shall be
expelled from his organization in accordance with the by-laws lawfully
adopted, shall be discharged upon the request of his commanding officer
by order of the Commander-in-Chief.
1916, ch. 311, sec. 44.
42. An enlisted man discharged by reason of removal, upon re-
enlistment at any time after his original enlistment in his former or
any other organization, obtaining in the latter case first the permission
of his former commanding officer, approved by the Commander-in-Chief,
shall receive credit for the time before such discharge.
1916, ch. 311. sec, 45.
43. That an enlisted man discharged from service shall receive a
discharge in writing in such form and with such classification as is
prescribed for the Regular Army, and in time of peace discharges may
be given prior to the expiration of terms of enlistment upon the perma-
nent removal of a soldier beyond the limits of the organization to which
he belongs; because of his engagement in business such as precludes
him from properly performing his military duties; upon certificate of
a medical officer or reputable physician that he has become permanently
incapacitated for military service; and for such other reasons as may
be provided for by the laws of this State and of the United States.
1916, ch. 311. sec. 46.
44. Enlisted men may be transferred, in the same organization by
the commanding officers of such organizations; from one organization
to another, by a commanding officer of the Brigade; or from the Brigade
to the Naval Brigade, or vice versa, by the Commander-in-Chief. All
such transfers to be approved by the commanding officers of the respec-
tive organizations.
1916, ch. 311. sec. 47.
45. An enlisted man who has not returned all the public property"
for which he is responsible shall under no circumstances receive a full
and honorable discharge. A discharge or an honorable discharge, at the
discretion of the officer discharging him, shall be granted to the follow-
ing: A noncommissioned staff officer or a noncommissioned officer
who, had he not been enlisted as such, would be reduced to the ranks;
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