(1) When any person subject to this Act has been absent
from duty without due authority for a period of thirty days, a court of inquiry shall, as soon as practicable,
be appointed by such authority and in such manner as may be prescribed; and such court shall, on oath or affirmation administered in the prescribed manner, inquire respecting the absence of the person, and the
deficiency, if any, in the property of the Government entrusted to his care, or in any arms, ammunition,
equipment, instruments, clothing or necessaries; and if satisfied of the fact of such absence without due
authority or other sufficient cause, the court shall declare such absence and the period thereof and the said
deficiency, if any, and the Commandant of the unit to which the person belongs shall make a record
thereof in the prescribed manner.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall for the purposes of this Act, be deemed to be a deserter.
(2) If the person declared absent does not afterwards surrender or is not apprehended, he shall for the purposes of this Act, be deemed to be a deserter.