360 LAWS OF MARYLAND. [CH. 1SS

All officers of the organized militia of this State shall be
empowered to administer oaths of enlistment, subject to regu-
lations prescribed by the Government of the United States,
provided, however, no enlistment shall be valid until it be ap-
proved by the commanding officer of the organization to which
the company, troop, battery, corps, or division is attached, or
of which it forms a part.

It shall be unlawful for any person to misstate his age for
the purpose of securing enlistment in the organized 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 enlistment.

35. 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 com-
pany or division commander.

36. An enlisted man who shall remove his residence to
such distance from the army of his organization as to render
it impracticable for him to perform his duties properly, or
who, after due diligence, can not be found, or who shall be
convicted of a crime, or who shall be expelled from his or-
ganization 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.

37. An enlisted man discharged by reason of removal,
upon re-enlistment at any time after his original enlistment
in his former or any other organization, obtaining in the latter
case first the permission of his former commanding officer, ap-
proved by the Commander-in-Chief, shall receive credit for
the time served before such discharge.

38. That an enlisted man discharged from service 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 pre-
cludes him from properly performing his military duties;
upon certificate of a medical officer or reputable physician that
he has become permanently incapacitated for military service,