War of the Rebellion: Serial 124 Page 0092 CORRESPONDENCE, ETC.

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shall be prima facie evidence of such a slae, barter, exchange, pledge, loan, or gift, as aforesaid.

SEC. 24. 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 entire, a soldier in the service of the United States to desert; or who 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 whit shall purchase from any soldier his arms, equipments ammunition, uniform, clothing, or any part there of; and any captain or commanding officer of any ship or vessel, or any superintendent or conductor of any railroad, or any other public conveyance, carrying away any such soldier as one of his crew or otherwise, knowing him to have deserted, or shall refuse to deliver him up to the orders of his commanding officer, shall, upon legal conviction, be finetion 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.

SECfurther 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 willfully 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 he 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. And be it further enacted, That immediately after the passage if this act, the President shall issue his proclamation declaring that all soldiers now absent form their regiment without leave may return 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 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. 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. And be it further enacted, That the judge-advocate shall have power to appoint a reported, whose duty it shall be to record the proceedings of and testimony taken before military courts instead of the judge-advocate; and such reported may take down proceedings and testimony in the first instance in shorthand. The reported shall be sworn of affirmed faithfully to perform his duty before entering upon it.

SEC. 29. 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 if the prisoner be in close confinement, the trial shall not be delayed for a period longer than sixty days.

SEC. 30. And be it further enacted, That in time of war, insurrection, of 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 summit rape, and larceny shall be punishable by the sentence of a general court-martial or military commission, when committed by person who are in the military service of the United States, and subject to the Articles of War; and the punishments for such offenses 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. 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 officer absent without leave shall, in addition to the penalties prescribed by law or a court-martial forfeit all pay or allowance during such absence.

SEC. 32. 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 centrum 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.