Page:United States Statutes at Large Volume 12.djvu/765

This page has been proofread, but needs to be validated.

duced below the minimumappointed in such regiment beyond those necessary for the command of such reduced number.

Sec. 21. Sentence of court-martial on a person convicted of being a spy, deserter, &c., need not be approved by the President. 1862, ch. 201 § 5. Ante, p. 598.And be it further enacted, That so much of the fifth section of the act approved seventeenth July, eighteen hundred and sixty-two, entitled, "An act to amend an act calling forth the militia to execute the laws of the Union," and so forth, as requires the approval of the President to carry into execution the sentence of a court-martial, be, and the same is hereby, repealed, as far as relates to carrying into execution the sentence of any court-martial against any person convicted as a spy or deserter, or of mutiny or murder; and hereafter sentences in punishment of these offences may be carried into execution upon the approval of the commanding-general in the field.

Sec. 22. Officers absenting themselves may be reduced to the ranks.And be it further enacted, That courts-martial shall have power to sentence officers who shall absent themselves from their commands without leave, to be reduced to the ranks to serve three years or during the war.

Sec. 23. Clothes, arms, &c., of soldiers not to be sold, &c.And be it further enacted, That the clothes, arms, military outfits, and accoutrements furnished by the United States to any soldier, shall not be sold, bartered, exchanged, pledged, loaned, or given away; and Persons, not soldiers, &c., having possession, not to have any interest therein.no person not a soldier, or duly authorized officer of the United States, who has possession of any such clothes, arms, military outfits, or accoutrements, furnished as aforesaid, and which have been the subjects of any such sale, barter, exchange, pledge, loan, or gift, shall have any right, title, or interest therein; but the same may be seized and taken wherever found by any officer of the United States, civil or military, and shall thereupon be delivered to any quartermaster, or other officer authorized to receive the same; Possession by a person not an officer to be primâ facie evidence of sale.and the possession of any such clothes, arms, military outfits, or accoutrements, by any person not a soldier or officer of the United States, shall be primâ facie evidence of such a sale, barter, exchange, pledge, loan, or gift, as aforesaid.

Sec. 24. Penalty for procuring or enticing to desert,And be it further enacted, That every person not subject to the rules and articles of war who shall procure or entice, or attempt to procure or entice, a soldier in the service of the United States to desert; or who for harboring deserters,shall harbor, conceal, or give employment to a deserter, or carry him away, or aid in carrying him away, knowing him to be such; or who for purchasing arms of soldier,shall purchase from any soldier his arms, equipments, ammunition, uniform, clothing, or any part thereof; and any captain or commanding officer of any ship or vessel, or any superintendent or conductor of any railroad, or any other public conveyance, for carrying such deserter,carrying away any such soldier as one of his crew or otherwise, knowing him to have deserted, or for refusing to deliver him up when ordered.shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be fined, at the discretion of any court having cognizance of the same, in any sum not exceeding five hundred dollars, and he shall be imprisoned not exceeding two years nor less than six months.

Sec. 25. Penalty for resisting draft, &c.And be it further enacted, That if any person shall resist any draft of men enrolled under this act into the service of the United States, or shall counsel or aid any person to resist any such draft; or shall assault or obstruct any officer in making such draft, or in the performance of any service in relation thereto; or shall counsel any person to assault or obstruct any such officer, or shall counsel any drafted men not to appear at the place of rendezvous, or wilfully dissuade them from the performance of military duty as required by law, such person shall be subject to summary arrest by the provost-marshal, and shall be forthwith delivered to the civil authorities, and, upon conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding two years, or by both of said punishments.

Sec. 26. President to issue proclamation to soldiers absent, to return, &c.And be it further enacted, That, immediately after the passage of this act, the President shall issue his proclamation declaring that all soldiers now absent from their regiments without leave may return