Page:United States Statutes at Large Volume 23.djvu/148

 120 FORTY-EIGHTH CONGRESS. Sess. I. Gus. 222, 223. 1884. from his command at the time the same was mustered out, failed to be PNWO- mustered out and to receive an honorable discharge, Provided, That no soldier shall be relieved under this section who, not being sick or wounded, left his command without proper authority whilst the same was in the presence of the enemy. Terms and proof Sno 2. That the Secretary of War is hereby authorized to remove “Y"’“b"h‘°h *31*** the charge of desertion from the records of any soldier in the late war m°y ° g"°t°upon proper application therefor and satisfactory proof in the following cases: First, That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, voluntarily returned to his command and served faithfully to the end of his term of service. Second. That such soldier absented himself without proper authority from hospital, or from furlough given from hospital, while suffering from wounds, injuries, or disease received or contracted in the service in the line of duty, and, on recovery, voluntarily returned to his command and served faithfully until discharged, or died from such wounds, injury, or disease while so absent and before the date of the muster out of his command. Third. That such soldier absented himself without proper authority _ from furlough given by proper authority, and while so absent died from wounds, injury or disease received or contracted in the service in the line of duty before the muster out of his command. Certineateerdis- Sec. 3. That in all cases where the charge of desertion shall be re- °b*“'!°· moved under the provisions of this act from the record of any soldier who has not received a certificate of discharge, it shall be the duty of the Adjutant General of the United States to issue to such soldier, or, in case of his death, to his heirs or legal representatives, a certificate of discharge. Pay and bounty. SEO 4. That when the charge of desertion shall be removed under the provisions of this act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall Pwvkv- receive the pay and bounty due to such soldier, Prov·ided,+ho·wever, That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay bounty or allowance for any period of time during which such soldier was absent from his command without proper authority. nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a period of less than six months, , Aptplicntions for Sno 5. That all applications for relief under this act shall be made to
 * 2* *° b° m°d· and filed with the Secretary of War within the period of five years from

and after its passage, and all applications not so made and filed within said term of Eve years shall be forever barred and shall not be received or considered. SEG, 6, That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed, Approved, July 5, 1884. July 5, 1884, CHAP. 223.-An act_to authorize the location of a branch home for disabled voluu· --—-—————- teer soldiers and sailors in either the State of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri or Nebraska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United Branch home for States of America in Congress assembled, That the Board of Managers disabled volunteer of the Home for Disabled Volunteer Soldiers are hereby authorized and “‘;:;‘,:'? **** *1 “““°" directed to locate a branch of the home at some suitable point in either ° the States of Arkansas, Colorado, Kansas, Iowa, Minnesota, Missouri, or Nebraska. The same shall not be located on a tract of land less Location. than three hundred and twenty acres in extent.