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Military Laws And Rules And Regulations For The Armies Of The United States.

Adjutant and Inspector General’s Office Washington, May 1st , 1813

Art. 11.  After a non-commissioned officer or soldier, shall have been duly enlisted and sworn, he shall not be dismissed the service without a discharge in writing; and no discharge granted to him shall be sufficient, which is not agreed by a field officer of the regiment to which he belongs or commanding officer, where no field officer of the regiment is present; and no discharge shall be given to a non-commissioned officer or soldier, before his term of service has expired, but by order of the President, the Secretary of War, the commanding officer of a department, or the sentence of a general court martial, not shall a commissioned officer be discharged the service, but by order of the President of the United States, or by sentence of a general court martial.

Art. 12.  Every colonel or other officer commanding a regiment, troop, or company, and actually quartered with it, may give furloughs to non-commissioned officers or soldiers in such numbers, and for so long a time as he shall judge to be most consistent with the good of the service, and a captain or other inferior officer commanding a troop or company, or in any garrison, fort or barrack of the United States, (his field officer being absent,) may give furloughs to non-commissioned officers or soldiers for a time not exceeding twenty days in six months, but not to more than two persons to be absent at the same time, excepting some extraordinary occasion should require it.

Art. 13. At every muster, the commanding officer of each regiment troop, or company, certificates signed by himself signifying how long such officers, as shall not appear at the said muster, have been absent, and the reason of their absence.  In like manner the commanding officer of every troop, or company, shall give certificates signifying the reasons of the absence of the non-commissioned officers and private soldiers, which reasons and time of absence, shall be inserted in the muster rolls opposite the name of the respective absent officers and soldiers.  The certificates shall, together with the muster rolls, be remitted by the commissary of musters, or other officer mustering, to the Department of War as speedily as the distance of the place will admit.

Art. 14  Every officer who shall be convicted, before a general court martial, of having signed a false certificate, relating to the absence of either officer or private soldier, or relating to his or their pay, shall be cashiered.

Art. 15 Every officer who shall knowingly make a false muster of man or horse, and every officer or commissary of musters, who shall willingly sign, direct, or allow the signing of muster rolls, wherein such false muster is contained, shall, upon proof made thereof by two witnesses, before a general court martial, be cashiered, and shall be thereby utterly disabled to have or hold any office or employment in the service of the United States.


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