Year: 1864




emption to the truth of the facts stated, un-
less it shall satisfactorily appear to the board
of enrolment that such party is for some
good and sufficient reason unable to make at
present such oath or affirmation and the
testimony of any other party filed in support
of claim to exemption shall also be made
upon oath or affirmation.


Sec. 90. And be it further enacted, That
it any one drafted and liable to render mill
tary service, shall procure decision of the
Board of Enrolment in his favor upon claim
to exemption, by any fraud or false represen-
tation practced by himself or his procure
ment such decision or exemption shall be of
no effect, and the per son exempted or in
whose favor the decision may be ma de
shall be deemed deserter, and may be arrest
ed, tried by court-martial, and punished as
such, and shall be held to service for the full
term for which he was drafted, reckoning
from the time of his arrest: Provided, That
the Secretary Of War may order the discharge
of all persons in the military service who are
under the age of eighteen years at the time
OF the application for their discharge when
it shall appear, upon due proof, that such
persons are in the service without the con-
sent, either expressed or implied. of their
parents or guardians And Provided further,
That such persons, their paren is or guard
ians' shall first repay to the government and
the State and local authorities, all bounties
and advance pay which may have been paid
to them, anything in the act to which this is
an amendment to the contrary no:withstand-
ing.


Sec. p. And be it. further enacted, That
any person who shall procure, or attempt to
procure, false report from the surgeon of
the board of enrolment concerning the phy-
sical condition of any drafted person, or de-
cision in favor of such person by the board
of enrolment upon claim to exemption,
knowing the same to be false, shall, upon
conviction in any district or circuit court of
the United States, be punished by impaison-
ment for the period for which the party was
drafted.


SEC. %. And be 1t further enacted, That
the fees of agents and attorneys for making
out and causing to be executed any papers
in support of claim for exemption from
draft, or for any service that may be render
ed to the claimant, shall not, in any case, ex-
ceed five dollars ; and physicians or surgeons
Furnishings certificates of disability to any
claimant for exemption from draft shall not
be entitled TO any fees or compensa ton
therefor. And any agent or attorney who
shall, directly or indirectly, demand or re-
ceived any greater compensation for his ser
vices under this act; and any physician or
surgeon who shall, directly or indirectly
demand or received any compensation for
furnishing said certificates of disability, and
any officer clerk, or deputy, connecteted
with the Board of Enrolment, who shall re-
ceive compensation from any drafted man for
any services, or obtaining the performance of
such services required from any member of
said Board by the provisions of this act shall
be guilty of a high misdemeanor, and, upon
conviction, shall, for every such offence, be
fined not exceeding $500, to be recovered upon
information or indictment before any court of
competent jurisdiction, one half for the use
of any informer wao may prosecute for the
same in the name of the United States, and
the other half for the use of the United
States, and shall also be subject to imprlson-
ment for term not exceeding one year, at
the discretion of the court


Sec. %. And be it further enacted That
no member of the Board of Enrolment, and
no surgeon detailed or employed to assist the
Board of Enrolment, and no clerk, assistant,
or employee of any Provost-Marshal, or
Board of Enrolment, shall, drestly or in
directly, be engaged in procuring substitutes
for persons drafted, or liable to be drafted,
into the military service of the United States
And if any member OF Board of Enrolment
or any such surgeon, clerk, assistant, or EN-
ployee, shall procure or attempt to procure
substitute for any person drafted, or liable
to be drafted, as Aforesaid, he shall be deem
ed guilty of a misdemeanor, and shall, upon
conviction, be punished by imprisonm ent not
less than thirty days nor more than six
months, and pay fine of not less than $10O
not more than ST. 200, by any court compe-
tent to try the offense.


SEC. "a. And be it further enacted, That
the fifteenth section of the act to which this
is amendatory be SO amended that it will
read as follows: That any surgeon charged
with the duty of such inspection, who shall
receive from any person whomsoever any
money or other valuable thing, or agree, d.
rectly or indirectly, to receive the same to
his own or another's use, for making an i'm
perfect inspection or false or incorrect report,
or who shall wilfully neglect to make faith
ful insnaction and true rennrf and aa.b