ALBERT C. RITCHIE, GOVERNOR. 1111

by like courts under such Articles of War or the regulations
and laws governing the Army of the Ignited States, or the cus-
toms and usages thereof; but no punishment under such rules
and articles, which shall extend to the taking of life, shall in
any case be inflicted, except in time of actual war, invasion or
insurrection, and then only after the approval by the Governor
of the sentence inflicting such punishment. Imprisonment
other than in guardhouse shall be executed in jails or prisons
designated by the Governor for the purpose.

4. Every member of the militia ordered out, or who volun-
teers, who does not appear at the time and place designated
by his commanding- officer or the sheriff aforesaid within
twenty-four hours from such time, or who does not produce a
sworn certificate of physical disability, to so appear, from a
physician in good standing, shall be taken to be a deserter and
dealt with as prescribed in the Articles of War, Army of the
L'nited States.

5. The militia of the State of Marvland shall be divided

t

into two classes: the organized militia and the unorganized
militia. The organized militia shall consist of the regularly
enlisted militia, organized, armed and equipped, and of com-
missioned officers between the ages of twenty-one and sixty-
four; the unorganized militia shall consist of all those liable
to service but not regularly enlisted.

6. The Governor of the State, by virtue of his office, shall
be the commander-in-chief of the militia of the State, except
as of such portions as may at times be in the service of the
United States.

The Governor shall have power to make such rules and regu-
lations and issue orders for the enlistment, discharge, organi-
zation, discipline, training and equipment of the militia from
time to time as mav become necessarv in order to conform to

t «,

this Act and the National Defense Act, and amendments there-
to and regulations made in pursuance thereof.

T. The Governor shall have the power in case of insur-
rection, invasion, tumult, riot, breach of peace or imminent
danger thereof, or to enforce the laws of this State, to order
into service of the State any part of the militia that he may
deem proper. When the militia shall be on active service as
herein provided, the commanding officer thereof, and his sub-
ordinates shall be, and thev are herebv invested with all the