elected, by his own consent, shall fail to take the oath as aforesaid, within the time herein provided and give notice thereof within twenty days thereafter to the proper officer whose duty it shall be to direct such vacancies <vacancy> to be filled; he shall be fined in the sum of ten dollars by sentence of the appropriate court martial and forfeit his office; which shall be filled as in other cases. Provided that any officer declared duly elected, may receive a certificate of any superior officer, which shall entitle him to command, untill his commission can be procured, and in all cases the officer giving such certificate, shall administer to such officer the necessary oaths of office: Provided, also that when it shall be necessary to administer oaths to carry into effect any of the provisions of this act, any judge, justice of the peace or officer of the , duly commissioned and sworn, shall be authorized to administer such oaths.
Sec. 10. That for good cause shown, the Commander in Chief, of the Legion, may recieve the resignation of a Major General, a Major General may accept the resignations of a Brigadier General under his command; a Brigadier General may accept the resignations of a Colonel under his command; and Colonels may accept the resignations of commissioned officers under their respective commands, and in all cases when a resignation is accepted, the cause of such resignation shall be given, in writing by the officer so resigning which shall be endorsed on the back of the commission, or if the commission be [p. 42]