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has been lost or destroyed through no fault of the beneficiary, and that diligent search has been made therefor, the President is hereby authorized to cause to be prepared and delivered to such person a duplicate of such medal, the cost of which shall be paid out of any money in the Treasury not otherwise appropriated. Joint resolution No. 23 of Apr. 15, 1904 (33 Stat. 588).

1016. Same-Not required to surrender old when replaced by new. The holders of medals of honor under the Act approved July twelfth, eighteen hundred and sixty-two, and section six of the Act approved March third, eighteen hundred and sixty-three, shall not be required to surrender such medals in case such medals are replaced, in pursuance of the provisions of the Act of Congress approved April twenty-third, nineteen hundred and four; and that wherever the holders of such medals of honor have surrendered them, in order to receive the medals provided for by said Act approved April twentythird, nineteen hundred and four, such medals shall be returned to them: Provided, That no recipient of both medals shall wear both medals at the same time. Joint resolution No. 17 of Feb. 27, 1907 (34 Stat. 1422).

1017. Same-Rosette, or knot, and ribbon to be worn in lieu of and with. The Secretary of War be, and he is hereby, authorized to issue to any person to whom a medal of honor has been awarded, or may hereafter be awarded, under the provisions of the joint resolution approved July twelfth, eighteen hundred and sixty-two, and the act approved March third, eighteen hundred and sixty-three, a rosette or knot to be worn in lieu of the medal, and a ribbon to be worn with the medal; said rosette, or knot, and ribbon to be each of a pattern to be prescribed and established by the President of the United States; and any appropriation that may hereafter be available for the contingent expenses of the War Department is hereby made available for the purposes of this act: Provided, That whenever a ribbon issued under the provisions of this act shall have been lost, destroyed, or rendered unfit for use, without fault or neglect on the part of the person to whom it is issued, the Secretary of War shall cause a new ribbon to be issued to such person without charge therfor. Joint resolution No. 51, May 2, 1896 (29 Stat. 473).

1018. Certificates of merit.-When any enlisted man of the Army shall have distinguished himself in the service the President may, at the recommendation of the commanding officer of the regiment or the chief of the corps to which such enlisted man belongs, grant him

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Held, that the President has no authority under the act of April 23, 1904 (33 Stat. 274), to refuse to replace a medal that was awarded under the joint resolution of July 12, 1862 (12 Stat. 623), and the act of March 3, 1863 (12 Stat. 751), when the same is presented for that purpose by its owner. (Dig Opin. J. A. G., 2b, 665.)

a certificate of merit. Sec. 1216, R. S., as amended by Act of Mar. 29, 1892 (27 Stat. 12).

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1019. Corps badges and insignia of societies.-All persons who have served as officers, noncommissioned officers, privates, or other enlisted men in the Regular Army, volunteer or militia forces of the United States, during the war of the rebellion, and have been honorably discharged from the service or still remain in the same, shall be entitled to wear, on occasions of ceremony, the distinctive Army badge ordered for or adopted by the Army corps and division, respectively, in which they served. Sec. 1227, R. S.

1020. Military society badges.-That the distinctive badges adopted by military societies of men who served in the armies and navies of the United States in the war of the Revolution, the war of eighteen hundred and twelve, the Mexican war, and the war of the rebellion, respectively, may be worn upon all occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organizations in their own right. Joint resolution No. 50, of Sept. 25, 1890 (26 Stat. 681).

1021. Distinctive badge adopted by Regular Army and Navy Union. That the distinctive badge adopted by the Regular Army and Navy Union of the United States may be worn, in their own. right, upon all public occasions of ceremony by officers and enlisted men in the Army and Navy of the United States who are members of said organization. Joint resolution No. 26, of May 11, 1894 (28 Stat. 583).

1For section 2, act of February 9. 1891 (26 Stat. 737), providing that a certificate of merit granted to an enlisted man for distinguished service shall entitle him, from the date of such service, to additional pay at the rate of $2 per month while he is in the military service, although such service may not be continuous, see paragraph 719, ante.

See, also, 24 Op. Atty. Gen., 127, Sept. 23, 1902, and IX Comp. Dec., 160, Oct. 24, 1902.

In Bell v. U. S., 28 Ct. Cls., 462, it was held that a soldier to whom, when a member of an infantry regiment, had been granted a certificate of merit, was entitled to continue to receive the additional pay after reenlisting in the “ general messenger service."

See McNamara v. U. S., 28 Ct. Cls.. 416, where it is held that the act of February 9, 1891, is retroactive, and entitled the beneficiary to the additional pay from the date of the service for which the certificate was awarded.

See, to a similar effect, the opinion of the Attorney-General in XVI Opins., 9; also the subsequent G. O. 28, Hdqrs. of Army, 1878.

'See Dig. Op. J. A. G., 668-9 B 1-2. Also G. O. No. 4, War Dept., 1905, as amended by G. O. 129, 1908. See also Cir. 82, War Dept. 1908, and G. O. 96 and 97, War Dept., 1909.

For section 1296, Revised Statutes, authorizing the President to prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States, see paragraph 571, ante.

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'Held, that the words "in their own right" which occur in those laws which authorize the wearing of certain society badges mean right" because of their own service or because of their kinship to one who had been in the service. (Dig. Opin. J. A. G., A 1,668.)

1022. Same-Adopted by Army and Navy Union.-The distinctive badge adopted by the Army and Navy Union of the United States may be worn, in their own right, upon all public occasions of ceremony by officers and enlisted men of the Army and Navy of the United States who are members of said organization. Joint resolution No. 18 of Mar. 2, 1907 (34 Stat. 1423).

1023. Same-Adopted by military societies of men who served during Spanish-American War.-The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Spanish-American war and the incident insurrection in the Philippines may be worn, upon all occasions of ceremony, by officers and men of the Army and Navy of the United States who are members of said organizations in their own right.1 Sec. 41, Act of Feb. 2, 1901 (31 Stat. 758).

1024. Same-Adopted by military societies of men who served during Chinese relief expedition. The distinctive badges adopted by military societies of men who served in the armies and navies of the United States during the Chinese relief expedition of nineteen hundred may be worn upon all occasions of ceremony by officers and men of the Army and Navy of the United States who are members of said organization in their own right. Joint resolution No. 2 of Jan. 12, 1903 (32 Stat. 1229).

1025. Same-Unlawfully wearing in the District of Columbia the insignia, badge, etc., of the Military Order of the Loyal Legion, Grand Army of the Republic, etc.-Whoever, in the District of Columbia, not being a member of the Military Order of the Loyal Legion of the United States, of the Grand Army of the Republic, of the Sons of Veterans, of the Woman's Relief Corps, of the Union Veteran's Union, of the Union Veteran Legion, of the United Spanish War Veterans, of the National Society of the Daughters of the American Revolution, and not entitled under the rules of the order to wear the same, willfully wears or uses the insignia, distinctive ribbon, or badge of membership, rosette, or button thereof, or who uses or wears the same to obtain aid or assistance thereby, shall be punished by a fine of not more than twenty dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment. Act of Mar. 15, 1906 (34 Stat. 62).

'An organization entitled "Batson's squadron of Philippine cavalry" was formed from among the civilian employees of the Quartermaster's Department during the Philippine insurrection. Its employment was assimilated, in all of its essential incidents, to that of the Philippine Scouts and guides whose serv ices are obtained by contract and paid for out of the appropriation for incidental expenses. But the squadron was actually paid out of insular funds furnished for that purpose to the Quartermaster's Department. Held, there fore, that the members of that squadron are not entitled to the Philippine campaign badge. (Dig. Opin. J. A. G., 669 B 3.)

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1026. General qualifications.-Recruits enlisting in the Army must be effective and able-bodied men, and between the ages of sixteen

and thirty-five years, at the time of their enlistment. This limitation as to age shall not apply to soldiers reenlisting. Sec. 1116, R. S. 1027. Persons not to be enlisted.-No minor under the age of sixteen years, no insane or intoxicated person, no deserter from the military service of the United States, and no person who has been convicted of a felony shall be enlisted or mustered into the military service. Sec. 1118, R. S.

1028. Enlistment of minors.-No person under the age of twentyone years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians: Provided, That such minor has such parents or guardians entitled to his custody and control. Sec. 1117, R. S.

1029. Age, citizenship.-In time of peace no person (except an Indian) who is not a citizen of the United States, or who has not made legal declaration of his intention to become a citizen of the United States, or who can not speak, read, and write the English language, or who is over thirty-five years of age, shall be enlisted for the first enlistment in the Army. Sec. 2, Act of Aug. 1, 1894 (28 Stat. 216), as amended by Sec. 4, Act of Mar. 2, 1899 (30 Stat. 978).

'The requirements of section 1116, Re ised Statutes, in respect to the limits of age for recruits upon their original enlistment into the military service have been modified by the act of February 27, 1893 (27 Stat. 486), which established the superior limit at 30 years in time of peace, and by section 4 of the act of March 2, 1899 (30 Stat. 978), which fixes the limits of age for original enlistments at from 18 to 35 years.

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Enlistment is a contract, but it is one of those contracts which changes the status, and where that is changed no breach of contract destroys the new status or relieves from the obligations which its existence imposes. * By enlistment the citizen becomes a soldier. His relations to the State and the public are changed. He acquires a new status, with correlative rights and duties, and although he may violate his contract obligations, his status as a soldier is unchanged. He can not of his own volition throw off the garments he has once put on, nor can he, the State not objecting, renounce his relations and destroy his status on the plea that, if he had disclosed truthfully the facts, the other party, the State, would not have entered into the new relations with him or permitted him to change his status. (U. S. v. Grimley, 137 U. S., 147.) See Dig. Op. J. A. G., chapter Enlistment, 602-624.

The age of enlistment for minors in the Navy is 14 years. (Act of Aug. 22, 1912, 37 Stat. 356.)

"As to minimum age of enlistment, see paragraph 1026, ante.

The enlistment contract of a minor is void when the recruit is under 16, with or without the consent of the parent. (In re Lawler, 40 Fed. Rep., 233.) It is not void, but voidable only, as to minors between 16 and 21. (U. S. v. Morrissey, 137 U. S., 157.) It is not voidable at the instance of the minor. (Id.) It is voidable at the instance of the parent or guardian. (Com. v. Blake, 8 Phil., 523; Turner v. Wright. 5 id., 296; Menges v. Camac, 1 Serg. and R., 87; Henderson v. Wright, id., 299; Seavey v. Seymour, 3 Cliff., 439; In re Cosenow, 37 Fed. Rep., 668; In re Hearn, 32 id., 141; In re Davison, 21 id., 618; U. S. v. Wagner, 24 id., 135; In re Dohrendorf, 40 Fed. Rep., 148; In re Spencer, id., 149; In re Lawler, id., 233; In re Wall, 8 id., 85.)

A minor's contract of enlistment is voidable, not void, and is not so voidable at the instance of the minor. If, after enlistment, he commits an offense, is actually arrested, and in course of trial before the contract is duly avoided, he may be tried and punished. (In re Wall., 8 Fed. Rep., 85; see also Barrett v. Hopkins, 7 id., 312.)

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See paragraph 849, Army Regulations, 1913. See par. 349, ante, Act of Mar. 2, 1903 (32 Stat. 934), authorizing enlistment of citizens of Porto Rico in the Regular Army.

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