Page:United States Statutes at Large Volume 13.djvu/518

 490 THIRTY-EIGHTH CONGRESS. Sess. II. Ch. 79. 1865. Penalty for de- mentioned, to be such, or who shall defraud or illegally deprive any vol· £;i‘gg'l§1:°ldl°*` untcer or substitute of any portion of the State, local, or United States y` bounty, to which he maybe entitled, shall, upon conviction in any court of competent jurisdiction, be fined not exceeding one thousand dollars, nor less than two hundred dollars, or imprisoned not exceeding two years and not less than three months, or both, in the discretion of the court aforesaid. Penalty for Sec. 18. Anal be it further enacted, That any officcr who shall muster f¤¤S¤¤fi¤$ d¤¤¤¤‘*· into the military or naval service of the United States any deserter from gig?" "’°° S"' said service, or insane person, or person in a condition of intoxication, or any minor between the ages of sixteen and eighteen years, without the consent of his parents or guardian, or any minor under the age of sixteen years, knowing him to be such, shall, upon conviction by any court-mar tial, be dishonorably dismissed the service of the United States. Proceedings Sec. 19. And be it further enacted, That in every case where a substiwhen l*£P*`°P¢¤‘ tute is furnished to take the place of an enrolled or drafted man, and it is £;;;°?3m?;f€d as shown by evidence that shall be satisfactory to the Secretary of War that substitutes. such substitute was, at the time of his enlistment, known by the party furnishing him to be non compos mentis, or in a condition of intoxication, or under conviction or indictment for any olfenoe of the grade of felony at the common law, or to have been guilty of a previous act of desertion unsatisfied by pardon or punishment, or by reason of any existing iniirmity or ailment, physically incapable of performing the ordinary duties of a soldier in actual service in the ranks, or minor between the ages of sixteen and eighteen years, without the consent of his parent or guardian, or a minor under the age of sixteen years, it shall be the duty of the provost-marshal general, on advice of the fact, to report the same to the provosmnarshal of the proper district; and if such person so enlisted and incapable shall have been, since the passage of this act, mustered into the service as a substitute for a person liable to draft and not actually drafted, the name of the person so liable who furnished such substitute shall be again placed on the list, and he shall be subject to draft thereafter as thou h no such substitute had been furnished b him; and if such substitute soinlisted and incapable as aforesaid shall hive been, since the passage of this act, mustered into the service as a substitute for a. person aetuall drafted, then it shall be the dnt of the provost-marshal eneral toydirect the provost-marshal of theydistriet immediately to ngrify the person who furnished such substitute that he is held to service in the place of such substitute, and he shall stand in the same relation and be subjectto the same liability as before the furnishing of such substitute. Substitute _ Sec. 20. And be it _/itrther enacted, That in case an substitute shall $?°“;%6P;;°" desert from the army, and it shall appear by evidence siatisfitctory to the place, ug sw. Secretary of War that the party furnishing such substitute shall have, in any way, directly or indirectly, aided or abetted such desertion, or to have been privy to any intention on the part of such substitute to desert, then such person shall be immediately placed in the army, and shall serve for the period for which he was liable to draft, such service to commence at the date of the desertion of the substitute. Penalty for Sec. 21. And be it further enacted, That, in addition to the other law- ‘°'°"'°”· &°· ful penalties of the crime of desertion from the military or naval service, all persons who have deserted the military or naval service of the United States, who shall not return to said service, or report themselves to a provost-marshal within sixty days after the proclamation hereinafteg mentioned, shall be deemed and taken to have voluntaril relinquishe Rights as cm- and forfeited their rights of citizenship and their rights to behome citizens; '°“* f°'f°“°d· and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof; and all persons who shall hereafter desert the military or naval service, and all persons who, being duly enrolled, shall depart the juris-