554

LAWS OF MARYLAND.

due notice of such adverse decision, be elected or appointed

and in default of such election or appointment the vacancy

shall be filled by the Commander-in-chief.

SEC. 2. And be it enacted, That the following sections,

New

numbered from forty -five to forty-nine inclusive, be and the

sections

same are hereby enacted as a part of the Code of Public

General Laws and added to said article sixty -five.

45. Resignation of commissioned officers shall be in

writing directed to the adjutant-general and transmitted

Resigna-
tions

immediately through all the intermediate commanders, who

will endorse the same with their approval or disapproval, no

officer shall be considered out of service on the tender of

his resignation, nor until it shall have been accepted by the

commander-in-chief.

46. No officer shall be permitted to resign his commission,

Not to re-

who shall be under arrest or returned to a court martial for

sign whilst
under ar-

any deficiency or delinquency; and no resignation shall be

rest or in

accepted unless the officer tendering the same shall furnish

default

to the adjutant-general satisfactory evidence that he has

delivered all moneys in his hands as such officer, and all

books and other property of the State in his possession to

his next superior or inferior officer, or the officer authorized

by the law to receive the same, and that his accounts for

money or public property are correct, and that he is not

indebted to the State.

47. The State Military Board, to be composed of the

State

Adjutant-General, Comptroller of the Treasury and the

military
board

State Treasurer shall meet on the first Mondays of M arch

and September in each year for the purpose of auditing and

adjusting all military claims incident to the organization,

maintenance and discipline of the national guard, and

wh'ich, on approval of said board endorsed thereon shall be

paid as herein provided.

48. No bills or allowance shall be paid unless said bill or

Bills and
allowances

allowance is itemized and its correctness duly sworn to or

affirmed before an officer authorized by law to administer

oaths and affirmations.

49. Any member of the Maryland National Guard, who

Misde-

shall willfully and unlawfully misapply or convert to his own

meanor.

use any money or other property belonging to said national

guard, or any organization thereof or who shall when law-

fully called upon so to do by the proper officer of said Mary-

National Guard fail or refuse to pay or deliver to said offi-

cer any such money or property in his possession, or for

which the said member was charageable or accountable

shall be guilty of a misdemeanor and upon conviction