Page:United States Statutes at Large Volume 13.djvu/36

 8 THIRTY—EIGHT H CONGRESS. Sess. I. Ch. 13. 1864. _ Enlisfmew service cf_ the United States, or into the marine corps of the Unite,] {2;; 23E3Q?; States, that may hereafterine made of peliisons hgbleuto serviczahunderofbj eo s to be act of con ress entitled “ n act or enro ing an ca ing out e nati °’;gi*°d- forces, and for other purposes," approved March third, eighteen hundred %§33k§h‘ 7gé, and sixty-three, shall be credited to the ward, town, township, precinct, or ` 'p` ° election district, or county, when the same is not divided into wards, towns, townships, precincts, or election districts, in which such enlisted men were or may be enrolled and liable to duty under the act aforesaid, under such regulations as the provostanarshal general of the United States may rescribe. Exempts from P Sec. 10. And be it further enacted, That the following persons be and °¤¥°1m°¤*· they are hereby exempted from enrolment and draft under the provisions of this act and of the act to which this is an amendment, to wit: Such as are rejected as physically or mentally unfit for the service, all persons actually in the military or naval service of the United States at the time of the draft, and all persons who have served in the military or naval service two years during the present war and been honorably discharged therefrom; and no persons but such as are herein exempted shall be exempt. Law 50,- eu. Sec. 11. And be itjnrther enacted, That section third of the “Act for gggtrgmhze enrolling and calling out the national forces, and for other purposes," ap- 1863, ch. ,,5, proved March third, eighteen. hundred and sixty-three, and so much of §§ 3, l0_ section ten of said act as provides for the separate enrolment of each class, V<>!· xii- p·73r be, and the same are hereby repealed; and it shall be the duty of the board of enrolment of each district to consolidate the two classes mentioned in the third section of said act. Penalty for Sec. 12. And be it further enacted, That any person who shall forcibly f°'°“’lY '“’i“tl“€v resist or oppose any enrolment or who shall incite counsel encourage or &c. the enrol- ¤ s a y ment, 0, ,,,,,0,,, who shall conspire or confederate with any other person or persons forcibly smplqysd to resist or oppose any such enrolment, or who shall aid or assist, or take m°"’"" any part in any forcible resistance or opposition thereto, or who shall assault, obstruct, hinder, impede, or threaten any officer or other person employed in making or in aiding to make such enrolment, or employed in the performance, or in aiding in the performance of any service in any way relating thereto, or in arresting or aiding to arrest any spy or deserter from the military service of the United States, shall, upon conviction thereof in any court competent to try the offence, be punished by a fine not exceeding five thousand dollars, or by imprisonment not exceeding live years, or by both of said punishments in the discretion of the court. And in cases, where such assaulting, obstructing, hindering, or impeding shall produce the death of such officer or other person, the offender shall be deemed guilty of murder, and, upon conviction thereof upon indictment in the circuit court of the United States for the district within which the oifence was committed, shall be punished with death. And nothing in _O&‘enders this section contained shall be construed to relieve the party offending $22* 3‘;g:rQ‘;‘;' from liability, under proper indictment or process, for any crime against sms mw, tpe laws of a state, committed by him while violating the provisions of t is ection. Additional Sec. 13. And be it further enacted, That the Secretary of War shall be
 * ‘;’5)°:'£_;;’m?‘ authorized to detail or appoint such number of additional surgeons for

,,,,,,0,,, ,_,,th0,.. temporary duty in the examination of persons drafted into the military md- service, in any district, as may be necessary to secure the prompt examination of all such persons, and to fix the compensation to be paid sur- _ _ geons so appointed while actually employed. And such surgeons so Thm d“**°"·· detailed or appointed shall perform the same duties as the surgeon of the board of enrolment, except that they shall not be permitted to vote or sit with the board of enrolment. Examinations Sec. 14. And be tt jitrtlter enacted, That the_Secretary of War is au- 0; dmnm mu thonzed, whenever in his Judgment the public interest will be subserved may be hem at thereby, to permit or require boards of examination of enrolled or drafted