Page:United States Statutes at Large Volume 12.djvu/766

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within a time specified to such place or places as he may indicate in his proclamation, and be restored to their respective regiments without punishment, except the forfeiture of their pay and allowances during their absence; and Deserters not returning, how punished.all deserters who shall not return within the time so specified by the President shall, upon being arrested, be punished as the law provides.

Sec. 27. Depositions of witnesses out of the district.And be it further enacted, That depositions of witnesses residing beyond the limits of the state, territory, or district in which military courts shall be ordered to sit, may be taken in cases not capital by either party, and read in evidence; provided the same shall be taken upon reasonable notice to the opposite party, and duly authenticated.

Sec. 28. Judge advocate may appoint a reporter.And be it further enacted, That the judge advocate shall have power to appoint a reporter, whose duty it shall be to record the proceedings of and testimony taken before military courts instead of the judge advocate; and Duty.such reporter may take down such proceedings and testimony in the first instance in short-band. The reporter Oath.shall be sworn or affirmed faithfully to perform his duty before entering upon it.

Sec. 29. Continuances.And be it further enacted, That the court shall, for reasonable cause, grant a continuance to either party for such time and as often as shall appear to be just: Provided, That Prisoners in close confinement to be tried within sixty days.if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days.

Sec. 30. Certain offences by persons in the military service, to be punished by court-martial.And be it further enacted, That in time of war, insurrection, or rebellion, murder, assault and battery with an intent to kill, manslaughter, mayhem, wounding by shooting or stabbing with an intent to commit murder, robbery, arson, burglary, rape, assault and battery with an intent to commit rape, and larceny, shall be punishable by the sentence of a general court-martial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and Punishments therefor.the punishments for such offences shall never be less than those indicted by the laws of the state, territory, or district in which they may have been committed.

Sec. 31. Pay, &c., of officers absent with leave, except for sickness, &c.,And be it further enacted, That any officer absent from duty with leave, except for sickness or wounds, shall, during his absence, receive half of the pay and allowances prescribed by law, and no more; and any of those absent without leave.officer absent without leave shall, in addition to the penalties prescribed by law or a court-martial, forfeit all pay or allowances during such absence.

Sec. 32. Furloughs to non-commissioned officers and privates.And be it further enacted, That the commanders of regiments and of batteries in the field, are hereby authorized and empowered to grant furloughs for a period not exceeding thirty days at any one time to five per centum of the non-commissioned officers and privates, for good conduct in the line of duty, and subject to the approval of the commander of the forces of which such non-commissioned officers and privates form a part.

Sec. 33. President may, during the rebellion, call forth the national forces.And be it further enacted, That the President of the United States is hereby authorized and empowered, during the present rebellion, to call forth the national forces, by draft, in the manner provided for in this act.

Sec. 34. Those drafted to be assigned to any service.And be it further enacted, That all persons drafted under the provisions of this act shall be assigned by the President to military duty in such corps, regiments, or other branches of the service as the exigencies of the service may require.

Sec. 35. Details to special service, how made.And be it further enacted, That hereafter details to special service shall only be made with the consent of the commanding officer of forces in the field; and enlisted men, now or hereafter detailed to special service, shall not receive any extra pay for such services beyond that allowed to other enlisted men.

Sec. 36. Enlistments from volunteersAnd be it further enacted, That general orders of the War