36. When a man, arrested as a deserter (by the officers or employes of this Bureau), claims that he is not a deserter, by reason of having been discharged from the service, or of never having been in the Army, he shall not be forwarded from the provost-marshal's headquarters until he shall have been afforded a fair and ample opportunity to present proof in support of his claim.
It is made the especial duty of provost-marshals to investigate all such cases thoroughly and promptly. All doubtful casses shall be at once reported to the acting assistant provost-marshal- general of the State for his orders as to holding or discharging the man.
37. Where there is a military station in the immediate vicinity of the headquarters of the district, the provost-marshal will send the deserters to it, on the day of or the day following their arrest by, or delivery to, him. Where, however, the district headquarters are remote from all military stations, the deserters will be sent tri-monthly, or oftener, if there be more than five on hand at any intermediate period.
38. When a guard is necessary at the "district headquarters," and there is no military force available for this service, a special guard may be employed at a per diem not to exceed $1.50 for the time actually and necessarily employed. (See paragraph 137, Regulations.)
When it is necessary to conduct and guard deserters and other persons sent by provost-marshal from district headquarters to a military station or rendezvous, and there is no military force available for the service, the provost-marshal may,on the approval of the acting assistant provost-marshal-general, employ a special guard, under a deputy or special agent, to accompany them. The members of the guard may be allowed, "for the time actually and necessarily employed on the trip" - which must be so stated on the voucher for payment - a per diet not to exceed $2.50; but, if possible, they will be employed at a lower rate of compensation.
39. The provost-marshal shall see that the guards sent from his district to the military station, in charge of deserters and other persons, are armed and instructed to prevent the escape of those in their custody.
40. The provost-marshal shall see that descriptive lists, in duplicate, are made of every deserter, or party of deserters, sent off by him. These lists will be taken by the provost- marshal, or deputy in charge of the deserters, to the officer to whom the deserters are turned over. This latter officer will retain one and return the other, giving a receipt for the deserters, by name, on the back of it. This copy of the descriptive list will accompany the provost-marshal's monthly return to the Provost-Marshal-General of deserters arrested. The $30 paid as reward for the apprehension and delivery of deserters will be stated opposite each man's name on the descriptive list. None of the expenses, however, incurred on the deserter's account, after he has been received by the provost-marshal, shall be charged against him.
41. By section 13 of the enrollment act, any person failing to report, after due service of notice, as prescribed in the act, without furnishing a substitute or paying the requisite sum therefor, shall be deemd a deserter, and shall be arrested by the provost-marshal and sent to the nearest military post for trial by court-martial; unless, upon proper showing that he is not liable to do military duty, the Board of Enrollment shall relieve him from draft. In case of such arrests the provost- marshal shall send with each deserter to the military post written charges against him.