MANUAL P05, N0KC03OIISSI0NED OFPICERS. 861 

 DELIVERY or OFFENDEaS TO CIVIL AUTHORITIES. 



Aet. 74. When any person subject ta military law, except 



one who is held by the military authorities to answer, or who 

 is awaiting trial or result of trial, or who is undergoing sen- 

 tence for a crime or offense punishable under these articles, 

 is accused of a crime or offense committed within the geo- 

 graphical limits of the States of the Union and the District 

 of Columbia, and punishable by the laws o:^ the land, the com- 

 manding ofRcer is required, except in time of war, upon appli- 

 cation duly made, to use his utmost endeavor to deliver over 

 such accused person to the civil authorities, or to aid the 

 officers of justice in apprehending and securing him, In order 

 that he may be brought to trial. Any commanding officer 

 who upon such application refuses or willfully neglects, ex- 

 cept in time of war, to deliver over such accused person to 

 the civil authorities or to aid the ofGcers of justice in appre- 

 hending and securing him shall be dismissed from the service 

 or suffer such other punishment as a court-martial may 

 direct. 



When under the provisions of this article delivery Is made 

 to the civil authorities of an offender undergoing sentence of 

 a court-martial, such delivery, if followed by conviction, shall 

 be held to interrupt the execution of the sentence of the court- 

 martial, and the offender shall be returned to military cus- 

 tody, after having answered to the civil authorities for his 

 offense, for the completion of the said court-martial sentence. 



MISBEHAVIOR BEFORE THE ENEMY. 



Aet. 75. Any officjsr or soldier who misbehaves himself be- 

 fore the enemy, runs away, or shamefully abandons or delivers 

 up any fort, post, camp, guard, or other command which it is 

 his duty to defend, or speaks words inducing others to do the 

 like, or casts away his arms or ammunition, or quits his post 

 or colors to plunder or pillage, or by any means whatsoever 

 occasions false alarms in camp, garrison, or quarters, shall 

 suffer death or such other punishment as a court-martial may 

 direct 



