ACT. 65. ] MILITIA. 199

SEC. 51. Enlisted men may be transferred, upon their own
applications, in the same organization by the commanding offi-
cers 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 respective organizations. Non-commissioned offi-
cers must be returned to the ranks before they can be trans-
ferred.

SEC. 52. Commanding officers of regiments, and of battalions
not part of regiments, shall appoint and warrant the non-com-
missioned staff officers of their respective regiments, and they
shall, in their discretion, warrant the non-commissioned officers
of the companies of their respective regiments or battalions "
from the members thereof, upon the written nomination of the
commanding officer of the company. In the troop, battery or
separate company and in the signal corps the non-commis-
sioned officers shall be warranted by the commanding officer of
the brigade, at his discretion, from the members thereof, upon
the written nomination of the commanding officer of the troop,
battery, company or signal corps. No enlisted man shall be
warranted as a non-commissioned officer unless he shall have
passed previously a satisfactory examination before a board
of examination to be appointed by the officer authorized to
issue such warrant. To be eligible for appointment as Ser-
geant (first class) of the hospital corps, a candidate must be a
registered pharmacist. A Sergeant of the hospital corps must
be appointed from the hospital corps. The officer warrant-
ing a non-commissioned officer shall have power to reduce to
the ranks, for good and sufficient reasons, the non-commis-
sioned officers named in this section; but such as were enlisted
as non-commissioned officers shall be discharged. Non-com-
missioned officers who shall be dropped vacate their position.
The provisions of this section apply to the warrant and petty
officers of the Naval Brigade.

SEC. 53. An enlisted man who shall remove his residence to
such distance from the armory of his organization as to render
it impracticable for him to perform his duties properly, or who,
after due diligence, cannot 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 dis-
charged upon the request of his commanding officer or by order
of the Commander-in-Chief.

SEC. 54. An enlisted man discharged by reason of removal,
upon re-enlistment at any time after his original enlistment in v