time of his being mustered into the service, one-third at the expiration of one-half of his term of service, and one-third at the expiration of his term of service. And in case of his death while in service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children; or if there be none, to his mother, if she be a widow.
SEC. 2. And be it further enacted, That in case the quota, or any part thereof, of any town, township, ward of a city, precinct, or election district, or of any country not so subdivided, shall not be filled within the space of fifty days after such call, then the President shall immediately order a draft for one year to fill such quota, or any part thereof which may be unfilled; and in case of any such draft no payment of money shall be accepted or received by the Government as commutation to release any enrolled or drafted man from personal obligation to perform military service.
SEC. 3. And be it further enacted, That it shall be lawful for the Executive of any of the States to send recruiting into any of the States declared to be in rebellion, except the States of Arkansas, Tennessee, and Louisiana, to recruit volunteers under any call under the provisions of this act, who shall be credited to the State, and to the respective subdivisions thereof, which may procure the enlistment.
SEC. 4. And be it further enacted, That drafted men, substitutes, and volunteers, when mustered in, shall be organized into or assigned to regiments, batteries, or other organizations of their own States, and, as far as practicable, shall, when assigned, be permitted to select their own regiments, batteries, or other organizations from among those of their respective States which, at the time of assignment, may not be filled to their maximum number.
SEC. 5. And be it further enacted, That the twentieth section of the act entitled "An act to amend an act entitled an act for enrolling and calling out the national forces, and for other purposes," approved February twenty-four, eighteen hundred and sixty-four, shall be construed to mean that the Secretary of War shall discharge minors under the age of eighteen years under the circumstances and on the condition prescribed in said section; and hereafter, if any officer of the United States shall knowingly enlist or muster into the military service any person under the age of sixteen years, with or without the consent of his parent or guardian, such person so enlisted or recruited shall be immediately discharged upon repayment of all bounties received; and such recruiting or mustering officer who shall knowingly enlist any person under sixteen years of age shall be dismissed the service, with forfeiture of all pay and allowance, and shall be subject to such further punishment as a court- martial may direct.
SEC. 6. And be it further enacted, That section three of an act entitled "An act to amend an act entitled an act for enrolling and calling out the national forces, and for other purposes," approved February twenty-four, eighteen hundred and sixty-four, be, and the same is hereby, amended so as to authorize and direct district provost-marshals, under the direction of the Provost- Marshal-General, to make a draft for one hundred per centum in addition to the number required to fill the quota of any district as provided by said section.
SEC. 7. And be it further enacted, That instead of traveling pay, all drafted persons reporting at the place of rendezvous shall be allowed transportation from their places of residence; and persons discharged at the place of rendezvous shall be allowed transportation to their places of residence.
SEC. 8. And be it further enacted, That all persons in the naval service of the United States, who have entered said service during the present rebellion, who have not been credited to the quota of any town, district, ward, or State, by reason of their being in said service and not enrolled prior to February twenty- fourth, eighteen hundred and sixty-four, shall be enrolled and credited to the quotas of the town, ward, district, or State in which they respectively reside, upon satisfactory proof of their residence made to the Secretary of War.
SEC. 9. And be it further enacted, That if any person duly drafted shall be absent from home in prosecution of his usual business, the provost-marshal of the district shall cause him to be duly notified, as soon as may be, and he shall not be deemed a deserter, nor liable as such, until notice has been given to him, and reasonable time allowed for him to return and report to the provost-marshal of his district; but such absence shall not otherwise affect his liability under this act.
SEC. 10. And be it further enacted, That nothing contained in this act shall be construed to alter or in any way affect the provisions of the seventeenth section of an act approved February twenty-fourth, eighteen hundred and sixty-four entitled" An act to amend an act entitled an act for enrolling and calling out the national forces, and for other purposes," approved March third, eighteen hundred and sixty-three.