o
which the provisions of this act are applicable."

No person dismissed from the public service for misconduct shall be
admitted to examination within two years thereafter.

2. No person under enlistment in the Army or Navy of the United States
shall be examined under these rules except for some place in the
Department under which he is enlisted requiring special qualifications,
and with the consent in writing of the head of such Department.

3. The Commission may by regulations, subject to change at any time
by the President, declare the kind and measure of ill health, physical
incapacity, misrepresentation, and bad faith which may properly exclude
any person from the right of examination, grading, or certification
under these rules. It may also provide for medical certificates of
physical capacity in the following cases, and for the appropriate
certification of persons so defective in sight, speech, hearing, or
otherwise as to be apparently disqualified for some of the duties of
the part of the service which they seek to enter.

RULE XVI.

1. Whenever any officer having the power of appointment or employment
shall so request, there shall be certified to him by the Commission or
the proper examining board four names for the vacancy specified, to be
taken from those graded highest on the proper register of those in his
branch of the service and remaining eligible, regard being had to any
right of preference and to the apportionment of appointments to States
and Territories; and from the said four a selection shall be made for
the vacancy. But if a person is on both a general and special register
he need be certified from the former only, at the discretion of the
Commission, until he has remained two months upon the latter.

2. These certifications for the service at Washington shall be made
in such order as to apportion, as nearly as may be practicable, the
original appointments thereto among the States and Territories and the
District of Columbia upon the basis of population as ascertained at the
last preceding census.

3. In case the request for any such certification or any law or
regulation shall call for those of either sex, persons of that sex shall
be certified; otherwise sex shall be disregarded in such certification.

4. No person upon any register shall be certified more than four times
to the same officer in the customs or post