196 LAWS OF MARYLAND.

is to take place. Such notice shall be served on the persons
entitled to vote at such election in the same manner as warn-
ings for duty are given. If it shall so happen that those enti-
tled to vote at said elections shall not have received legal no-
tice, then the officers detailed to preside at said election 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 per-
son elected in writing of his election. If a person elected at
any such election shall not, within ten days after being noti-
fied of his election, signify his acceptance of same to the pre-
siding 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 an-
other meeting, 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 proceed-
ings of an election in such manner as provided in the regula-
tions issued under this Article.

42. There shall be a retired list, to be known and desig-
nated as the "Maryland National Guard, Retired," and the
officers placed thereon as herein provided shall be authorized
to wear their uniforms and equipments upon all military occa-
sions and occasions of ceremony. They will wear the insignia
of their grade, but not the designation of the particular or-
ganization to which they belonged when in the Maryland Na-
tional Guard. Retired officers upon said list shall be amena-
ble to court-martial for military offenses to the same extent
as officers on the active list of the Maryland National Guard.
Any officer of the National Guard who has reached the age
of sixty-four years may be placed upon the retired list by the
Governor. Any commissioned officer who shall have served in
the military service of the State for fifteen years may, upon
his own request, be placed upon the retired list and with-
drawn from active service and command by the Governor.
Any commissioned officer who has become, or shall hereafter
become, disabled and thereby incapable of performing the du-
ties of his office shall be withdrawn from active service and
command and placed on the retired list. Any commissioned
officer who has become, or shall hereafter become, unfit or