EMERSON C. HARRINGTON, GOVERNOR. 645

It shall be unlawful for any person to misstate his age for
the purpose of securing enlistment in the militia of this State.
It shall be unlawful for any person to enlist in two military
organizations at the same time. Any person violating the
provisions of this section shall be guilty of fraudulent enlist-
ment.

Section XLI. That hereafter the period of enlistment of
enlisted men in the National Guard shall be for three years,
or such period as may be required by the laws of the United
States, and they shall be subject to the same qualifications as
are now or may hereafter be subscribed for admission to the
Regular Army.

Section XLII. No man above the age of forty-five shall be
re-enlisted except by permission of the commanding officer of
the brigade or naval brigade and upon the recommendation
of his company or division commander.

Section XLIII. An enlisted man who shall remove his res-
idence to such distance from the armory of his organization as
to render it impracticable for him to perform his duties prop-
erly, 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 discharged upon the request of his commanding officer
by order of the Commander-in-Chief.

Section XLIV. An enlisted man discharged by reason of
removal, upon re-enlistment at any time after his original en-
listment in his former or any other organization, obtaining
in the latter case first the permission of his former command-
ing officer, approved by the Commander-in-Chief, shall receive
credit for the time before such discharge.

Section XLV. That an enlisted man discharged from serv-
ice shall receive a discharge in writing in such form and with
such classification as is prescribed for the Regular Army, and
in time of peace discharges may be given prior to the expira-
tion of terms of enlistment upon the permanent removal of a
soldier beyond the limits of the organization to which he be-
longs; because of his engagement in business such as precludes
him from properly performing his military duties; upon cer-
tificate of a medical officer or reputable physician that he has
become permanently incapacitated for military service; and
for such other reasons as may be provided for by the laws of
this State and of the United States.