The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1863-06-06

and employed in the actual service of the
United States in time of war, and to the
provisions of this act. And every person
so offending may be arrested and held for
trial by court martial, and if found guilty
shall be punished by fine and imprisonment,
or such other punishment as the court mar
tial may adjudge, save the punishment of
death.
Sec. 2. And be Il further enacted, That
any person heretofore called or hereafter to
De called into or employed in such forces or
service, who shall commit any violation of
THIS act, and shall afterwards receive his
olscharge, or be dismissed from the service,
snail, Notwithstanding such discharge or
dismissal, continue to be liable to be arrest
ed and held for trial and sentence by a court
martial, in the same manner and 10 the same
extent as If he had no. received such dis
charge or been dismissed.
II Z
AN ACT for enrolling and calling out the
national forces, and for other purposes,
approved March 3, 1858
Sec. 81. -Ard be Il further enacted, That
80 much of the fifth section of the act ap-
proved seventeenth July, eighteen hundred
and slxty-two, entitled Gan act to amend
an act calling forth the militia to execute the
laws of the Union" and so forth, as re-
qulres the approval of the President to carry
into execution the sentence Of court mar
tial, be and the same is hereby repealed, as
far as relates to carrying into execution the
sentence of any court martial against any
person convicted as a spy or deserter, or of
mutiny or murder; and hereafter sentences
in punishment of these offences NAV be
carried into execution upon the approval Of
the commanding general in the field.
Sec. 22. Ind be 1t further enacted, That
courts martial shall have power to sentence
officers who shall absent themselves from
their commands without leave, to be reduc-
ed to the ranks to serve three years or dur
ing the war.
. Sec. %. And be ii further enacted, That
the clothes, arms, military outfits, and ac-
coutrements furnished by the United States
to any soldier, shall not be sold, bartered,
exchanged, pledged, loaned, or given away;
and no person not soldier, or duly author
lied officer of the United States, who has
possession of any such clothes, arms, mill
tary outfits, or accoutrements, furnished as
aforesaid, and which have been the subject
of any such sale, barter, exchange, pledge,
loan, or gift, shall have any right, title, or
and taken wherever found by any officer of
the United States. civil or military, and shall
thereupon be delivered to any quartermaster
or other officer authorized to receive the
same; and the possession of any such clothes,
arms, military outfits, or accoutrements, by
'any person not soldier or officer Of the
United States, shall be prihna facie evidence
of such sale, barter, exchange, pledge,
eff oc..
X
Sec. 27. And be Il further enacted, That
dispositions of witnesses residing beyond
the limits of the State. Territory, or district
In which the military courts shall be order
cd to sit, may be taken in cases not capital
by either party, and read in evidence; pro
vlded the same shall be taken upon reason
able notice to the opposite party, and duly
authenticated.
Sec. %. And be IL further enacted, That
the judge advocate shall have power to APP
point reporter, whose duty it shall be to
record the proceedings of and testimony ia
ken before military courts instead of the
judge advocate; and such reporter may take
down such proceedings and testimony in the
first instance in short hand The reporter
shall be sworn or affirmed faithfully to per-
form his duty before entering upon it.
S29. -And be IL further enacted, That the
court shall, for reasonable cause, grant
continuance to either party for such time
and as often as shall appear to be just: Pro
Uided, That if the prisoner be in close con-
fnement, the trial shall not be delayed for
period longer than sixty days.
Sec. 80. And be 1t further enacted, That
in time of war. instruction or rebellion,
murder, assault and battery with an intent to
kill, manslaughter, mayhem, wounding by
shooting or stabbng with an intent to com
NIT murder, robbery, arson, burglary, rape,
assault and battery with an intent to com
NIT rape, and larceny, shall be punishable
by the sentence of general court martial
or military commission, when committed by
persons who are 10 the military service of
the United States, and subject to the articles
of war; and the punishments for such Of
lenses shall never be less than those inflicted
by the laws of the State. Territory or dis
triet in which they may have been com
mitted.
Sec. SO. Aad be Il further enacted, That
all persons who, in time of war or rebellion
against the supreme authority of the United
States. shall be found lurking or acting as
spies in or about any of the Notifications,
posts, quarters, or encampments of any of
the armies of the TJniiad Ststes or else