MILITIA. 2179

had active service as an officer for two years in the Army, Navy, Marine
Corps or National Guard. Provided further, that staff officers, including
officers of the Pay, Inspection, Subsistence, and Medical Departments,
shall have had previous military experience and shall hold their positions
until they shall have reached the age of sixty-four years, unless retired
prior to that time by reason of resignation, disability or for cause to be
determined by a court-martial legally convened for that purpose, and that
vacancies among said officers shall be filled by appointment from the
officers of the militia of the State of Maryland.

1922, ch. 490, sec. 18.

20. Officers shall take rank from the date of their commissions and in
such manner as provided by the Regulations of the War Department;
provided that this Article shall not apply to any person hereafter appointed
an officer, unless he shall have successfully passed such tests as to his
physical, moral and professional fitness as the Governor shall prescribe.
The examination to determine such qualifications for commission shall be
conducted by a board of three commissioned officers appointed by the
Governor from the Regular Army or the National Guard or both.

1922, ch. 490, sec. 19.

21. A commissioned officer shall not be removed from office without
his consent, except as provided in this Article or by regulations of the
War Department; provided that at any time the moral character, capacity
and general fitness for the service of any commissioned officer may be
determined by an efficiency board of three commissioned officers, senior
in rank to the officer whose fitness for service shall be under investigation,
and if the findings of such board be unfavorable to such officer and be
approved by the official authorized to appoint such a board, he shall be
discharged. Commissions of officers may be vacated upon resignation,
absence without leave for three months, upon the recommendation of
an efficiency board or pursuant to sentence of a court-martial.

1922, ch. 490, sec. 20.

22. A commissioned officer tendering his resignation, if accepted by
the Governor, shall receive an honorable discharge, provided he shall not
be under arrest or returned to a military court for any deficiency or delin-
quency; 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.
If the Governor accept 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 and shall receive a discharge in such form as the Governor shall
direct; nor shall he be again eligible to receive a commission unless he
first re-enlist and until he shall have performed at least 60 per cent, of
duty in each year under such enlistment for two successive years.