642 LAWS OF MARYLAND, [CH. 311

ice and whose case shall be referred to it. No officer whose
grade or promotion would be affected by the decision of such
board in any case that may come before it shall participate in
the examination or decision of the board in such case. Such
board is hereby invested with the powers of courts of inquiry
and courts-martial, and whenever it finds an officer incapaci-
tated for active service shall report such fact to the Governor,
stating cause of incapacity, whether from disability, unfitness
or incompetence; and if he approves such findings such officer
shall be placed on the retired list or discharged, as provided for
in this section. The members of the board shall, before enter-
ing upon the discharge of their duties be sworn to an honest
and impartial performance of their duties as members of such
board. No officer shall be placed upon the retired list or dis-
charged by the action of such board before having had a full
and fair hearing before the board, if upon due notice he shall
demand it. It shall not be necessary to refer any case for the
action of such board arising under this section unless the officer
designated to be placed upon the retired list or discharged shall,
within twenty days after being notified that he will be so re-
tired or discharged serve on the Adjutant General a notice in
writing that he demands a hearing and examination before such
boards. Boards shall be appointed by the Governor for officers
above the grade of colonel and captain of the Naval Brigade,
and by the Commanding officer of the First Brigade for officers
below the grade of brigadier-general, and for officers in the
Naval. Brigade below the rank of Captain by the commanding
officer of the Naval Brigade. The Governor may withdraw
from active service and command and place upon the retired
list any officer who has been twenty-five years in the active
service of the National Guard on the recommendation of the
commanding officer of the First Brigade or Naval Brigade.
Vacancies created by the operation of this section shall be filled
in the same manner as other vacancies.

Section XXXVI. The Governor may, upon the request of
the commanding officer of any organization, approved by the
Brigade Commander or the Commander of the Naval Bri-
gade, detail officers on the retired list, Unassigned or reserve
list for active. duty, in which case they shall rank in their

grade from the date of such detail, and he may relieve them
from such duty and return them at his discretion.

Section XXXVII. The Governor may, upon the recom-
mendation of their commanding officers (approved by the Bri-