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279 Series III Volume II- Serial 123 - Union Letters, Orders, Reports

Page 279 UNION AUTHORITIES.

arrested and is to be tried shall be served upon him within eight days thereafter, and that he shall be brought to trial within ten days thereafter, unless the necessities of the service prevent such trial; and then he shall be brought to trial within thirty days after the expiration of the said ten days, or the arrest shall cease: Provided, That if the copy of the charges be not served upon the arrested officer, as herein provided, the arrest shall cease; but officers released from arrest under the provisions of this section may be tried whenever the exigencies of the service will permit, within twelve months after such release from arrest: And provided further, That the provisions of this section shall apply to all persons now under arrest and awaiting trial.

SEC. 12. And be it further enacted, That whenever the name of any officer of the Army or Marine corps, now in the service, or who may hereafter be in the service of the United States, shall have been borne on the army register or naval register, as the case may be, forty-five years, or he shall be of the age of sixty-two years, it shall be in the discretion of the President to retire him from active service and direct his name to be entered on the retired list of officers of the grade to which he belonged at the time of such retirement; and the President is hereby authorized to assign any officer returned under this section or the act of August third, eighteen hundred and sixty-one, to any appropriate duty; and such officer thus assigned shall receive the full pay and emoluments of his grade while so assigned and employed.

SEC. 13. And be it further enacted, That all contracts made for or orders given for the purchase of goods or supplies by any department of the Government shall be promptly reported to Congress by the proper head of such department if Congress shall at the time be in session, and if not in session said reports shall be made at the commencement of the next ensuing session.

SEC. 14. And be it further enacted, That no contract or order, or any interest therein, shall be transferred by the party or parties to whom such contract or order may be given, to any other party or parties, and that any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned: Provided. That all rights of action are hereby reserved to the United States for any breach of such contract by the contracting party or parties.

SEC. 15. And be it further enacted, That every person who shall furnish supplies of any kind to the Army or Navy shall be required to mark and distinguish the same, with the name or names of the contractors so furnishing said supplies, in such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct, and no supplies of any kind shall be received unless so marked and distinguished.

SEC. 16. And be it further enacted, That whenever any contractor for subsistence, clothing, arms, ammunition, munitions of war, and for every description of supplies for the Army or Navy of the United States, shall be found guilty by a court-martial of fraud or willful neglect of duty, he shall be punished by fine, imprisonment, or such other punishment as the court-martial shall adjudge; and any person who shall contract to furnish supplies of any kind or description for the Navy or Navy, he shall be deemed and taken as a part of the land or naval forces of the United States, for which he shall contract to furnish said supplies, and be subject to the rules and regulations for the government of the land and vasal forces of the United States.

SEC. 17. And be it further enacted, That the President of the United States be, and hereby is, authorized and requested to dismiss and discharge from the military service either in the Army, Navy, Marine Corps, or volunteer force, in the United States service, any officer for any cause which, in his judgment, either renders such officer unsuitable for, or whose discussion would promote, the public service.

SEC. 18. And be it further enacted, That the President of the United States shall have power, whenever in his opinion it shall be expedient, to purchase cemetery grounds, and cause them to be securely inclosed, to be used as a national cemetery for the soldiers who shall die in the service of the country.

SEC. 19. And be it further enacted, That so much of the act approved the fifth of August, eighteen hundred and sixty-one, entitled "An act supplementary of an act entitled "An act to increase the present military establishment of the United States," approved the twenty-ninth of July, eighteen hundred and sixty-one, as repealed. But this repeal shall not be construed so as to deprive those persons already appointed, in strict conformity with said act of the fifth of August, eighteen hundred and sixty-one, from holding their offices in the same manner as if it had not been repealed.

SEC. 20. And be it further enacted, That the different regiments and independent companies heretofore mustered into the service of the United States as volunteer engineers, pioneers, or snappers and miners, under the orders of the President or Secretary of War, or by authority of the commanding general of any military department of the United States, or which, having been mustered into the service as infantry, shall have been reorganized and employed as engineers, pioneers, or snappers and miners, shall be, and the same are hereby, recognized and accepted as volunteer engineers, on the same footing, in all respects, in regard to their organization,


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