MILITIA. 2185
States, shall continue to serve in the National Guard of Maryland until
the dates upon which their enlistments, entered into prior to their draft,
would have expired if uninterrupted.
1922, ch. 490, sec. 37.
39. All officers and employees of the State who shall be members of
the organized militia shall be entitled to leave of absence from their respec-
tive duties, without loss of pay, time or efficiency rating, on all days during
which they shall be engaged in field or coast defense training ordered or
authorized under the provisions of this Article.
1922, ch. 490, sec. 38.
40. Courts-martial in the organized militia shall be of three kinds,
namely, general courts-martial, special courts-martial and summary
courts-martial. They shall be constituted like, and have cognizance of the
same subjects, and possess like powers, except as to punishments, as simi-
lar courts provided for by the laws and regulations governing the Army
of the United States, and the proceedings of courts-martial of the organ-
ized militia shall follow the forms and. modes of procedure prescribed for
said similar courts. The jurisdiction of said courts or boards established
under the provisions of this Article shall be presumed and the burden of
proof shall rest on any person seeking to oust such courts or boards of
jurisdiction in any action or proceedings.
General courts-martial of the organized militia not in the service of
the United States may be convened by orders of the Governor, and such
courts shall have the power to impose fines not exceeding two hundred dol-
lars ; to sentence to forfeiture of pay and allowances; to a reprimand; to
dismissal or dishonorable discharge from the service; to reduction of non-
commissioned officers to the ranks; or any two or more of such punish-
ments may be combined in the sentences imposed by such courts.
In the organized militia, not in the service of the United States, the
commanding officer of each garrison, fort, post, camp or other place, bri-
gade, regiment, detached battalion or other detached command, may ap-
point special courts-martial for his command; but such special courts-
martial may in any case be appointed by superior authority when by the
latter deemed desirable. Special courts-martial shall have power to try
any person subject to military law, except a commissioned officer, for any
crime or offense made punishable by the military laws of the United
States, and such special courts-martial shall have the same powers of pun-
ishment as do general courts-martial, except that fines imposed by such
courts shall not exceed one. hundred dollars.
In the organized militia, not in the service of the United States, the
commanding officer of each garrison, fort, post or other place, regiment or
corps, detached battalion, company or other detachment, may appoint for
such place or command a summary court to consist of one officer, who
shall have power to administer oaths and to try the enlisted men of such
place or command for breaches of discipline and violations of law govern-
ing such organization; and said court when satisfied of the guilt of such
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