194 LAWS OF MARYLAND.

SEC. 38. The commanding officers of regiments, of the Naval
Brigade and of separate battalions shall issue orders for the
election of company and divisional officers under their com-
mand. The officer ordering an election shall detail an officer to
preside thereat, and shall give or cause to be given at least five
days' notice to all qualified voters when and where and for what
office the election is to take place. Such notice shall be served
on the persons entitled to vote at such election in the same man-
ner as warnings for duty are given. If it shall so happen that
those entitled to vote at said elections shall not have received
legal notice, then the officers detailed to preside at said elec-
tions shall have the power to adjourn the meeting and cause
such notice to be given; but the presence of a person entitled to
vote at said election shall be deemed a waiver of his right to
take exception to the want of legal notice to him. A majority
of those entitled to vote must be present before an election can
be held. The election must be by ballot, and a majority of the
votes of all persons present at an election shall be necessary to
a choice. The presiding officer shall at once notify the person
elected in writing of his election. If a person elected at any
such election shall not, within ten days after being notified of
his election, signify his acceptance of same to the presiding
officer he shall be considered as declining the office to which he
shall have been elected, and a new election shall be held.
Should there be no choice, the presiding officer shall adjourn
the meeting and the convening officer may order another meet-
ing, and at that meeting open the polls for another election;
and if such second meeting result in no choice, the Governor
shall be notified and may then fill the vacancy by appointment.
The presiding officer shall forward the proceedings of an elec-
tion in such manner as provided in the regulations issued
under this article.

SEC. 39. Every officer duly commissioned shall, within ten
days after his commission is tendered him, or within ten days
after he shall have been notified personally or by mail that the
same is held in readiness for him by a superior officer, take and
subscribe to the constitutional oath of office. Such oath shall be
taken and subscribed to before an officer authorized by law to
administer an oath, or some general or field officer who has
taken the oath himself and who is hereby authorized to admin-
ister the same. In case of neglect or refusal to take and sub-
scribe to such oath within the. time mentioned, such commission
shall be cancelled by the Governor and a new appointment shall
be made, or a new election shall be ordered to fill the vacancy.