Sec. 9. That every officer commissioned by virtue of this act, shall within thirty days after recieving his commission and previous to entering upon the duties of his office, take an oath to support the constitution of the , and of this , also an oath of office; an endorsment or certificate of which shall be endorsed on the back of his commission by the person administering the same, and if any person recieving such commission, who was elected by his own consent, shall fail to take the oaths as aforsaid, 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 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 recieve 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 , may receive 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 not surrendered, the letter of resignation shall be preserved by the officer recieving it, and it shall be the duty of all officers authorized to accept resignations as aforsaid, to order elections to fill such vacancies, within twenty days, as may occur by resignation or otherwise, giving at all times sufficient notice of such election, and except in cases of emergency, the order for an election of a Major or Brigadier General shall be given, at least twenty days previous; stating the time and place of holding such election; for the election of any field or company officer the order for the same shall be [p. 4]