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conveniently may be; and in case of neglect or refusal to comply
with the provisions of this section, the said commanding; officer
shall be fined in a sum not exceeding fifty dollars, in the discre-
tion of such court martial as the case may require.
45. And be it enacted, That if any militia man shall remove out
of the district in which he was originally enrolled, into another
district, or shall become a member of any uniformed volunteer com-
pany, he shall be subject to all the fines and forfeitures which shall
be incurred in the district where first enrolled, until he produces
to the commanding officer of the said district a certificate from the.
commanding officer of the district into which he shall have so re-
moved, or from the commanding officer of said volunteer company,
stilting that he lias been enrolled in said district or volunteer com-
pany; and no person shall he permitted to leave his company, ex-
cept in the cases aforesaid, or unless he shall remove out of the
limits of the said brigades, or unless commissioned in some other
corps, without the consent of his commanding officer, under a
penalty not exceeding twenty dollars, in the discretion of such
court martial as the case may require.
46. And be it enacted, That all resignations of company and
regimental and extra battalion staff officers, shall he made through
their commanding officers of regiments or extra battalion, as the
case may be; and all resignations of commanding officers of regi-
ments, battalions, and extra battalions, and brigade staff officers,
through their respective brigadier generals, and at least sixty days
prior to the regular field days, except in the case of removal, and
that otherwise no officer shall be considered as having resigned;,
which officers shall, within ten days after receiving such resigna-
tion, transmit a notification thereof to the governor and council,
under a penalty not exceeding twenty dollars, in the discretion of
such court martial as the case may require.
47. And be it enacted, That no person shall be commissioned un-
der this act unless he shall be a citizen of the United States, and
of this state; and each commissioned officer already appointed, and
having accepted such appointment, who may have neglected to
take the oaths required of him, or to have them endorsed on his
commission, shall forthwith take the several oaths prescribed by the
constitution of this state, and also take the following oath, or affir-
mation: " I, A. B. do swear or affirm, as the case may be, that I
will be true and faithful to the state of Maryland, and that I will
diligently and faithfully do and perform the several duties assigned
to me as ------in the militia of the state of Maryland, according
to the best of my skill and abilities; so help me God;" and a certifi-
cate of his having done so shall be endorsed on the commission by
the person who may have, administered such oaths; and all officers
hereafter commissioned shall fake the like oaths, and have the like
certificate thereof endorsed on their commissions, which they shall
report in writing, if field and brigade staff officers, to their respec-
tive brigadier generals, and if company and regimental and extra
battalion staff officers, to the commanding officers of their respec-
tive regiments and extra battalion, previous to their entering on
any of their respective duties; and if any officer shall neglect or
refuse to comply with the provisions of this section, he shall be li-
able to be cashiered by such, court martial as the case may require.
31
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Dec. Ses. 1817
Militia men
not to remove
without notify-
ing officers.
Resignations,
how to be made
Officers must
be citizens and
take the oaths,
&c.
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