all officers who may have belonged to the disbanded organizations, and who may be appointed to the same grade in the new which they held in the old organization, shall take rank from the date of their first commission or appointment; and hereafter, should the new companies organized under the provisions of this act become reduced in number so as to have less than thirty-two men, rank and file, present and fit for duty, and a vacancy shall occur int he office of second lieutenant, the same shall not fe filled; and should it be reduced below the number of sixteen, then a vacancy in the office of first lieutenant shall not be filled.

SEC. 6. That the office of ensign of battalions or regiment is hereby abolished, and hereafter the officer commanding a battalion or regiment shall assign, to act as color-bearer, a non-commissioned officer or private from his command, who may be distinguished for meritorious or soldierly conduct, or for valor or skill; and said non-commissioned officer or private, while so acting, shall receive the pay of a first lieutenant.

SEC. 7. The general commanding the department or army shall designate the names of the battalions or regiments organized under the provisions of this act; and the colors of the oldest battalion or regiment forming the new shall be the colors of the new organization, and the colors of other battalions and regiments shall be transmitted by the Secretary of War to the Governors of the respective States, with a statement of the battles in which the battalion or regiment to which they belong may have borne a part.

SEC. 8. That all staff, line, and other officers who may not have any command, or who may at any time be on duty for a period exceeding thirty days, unless they belong to the Invalid Corps, or are prisoners of war, or are sick or wounded, or absent by leave of the Secretary of War, or the general commanding the department or army to which they belong, shall be dropped from the rolls and held to service as now provided by law: Provided, That the President be, and he is hereby, authorized to assign any officer thrown out of command by the operation of this act to vacancies in the staff, with the rank previously held by such officers in the service.

SEC. 9. Prisoners of war may, within sixty days after their exchange, avail themselves of the provisions of the fourth section of this act, or they may be assigned or appointed to vacancies in the new organizations; and hereafter, when by the enemy, the general commanding the department or army to which they belong may designate, or the President may appoint or army to which they belong may designate, or the President may appoint other officers to fill their held only until the return of said officers so captured.

SEC. 10. When regiments, battalions, or companies shall have been consolidated under the provisions of this act, no subsequent consolidation of the same shall be made unless by virtue of laws hereafter to be passed.

App3, 1865.

The reorganization will be accomplished according to the following regulations:

II. The general commanding a department or separate army is charged with the execution of this act at such time as the exigencies of the public service and the condition of the troops will justify. He will ascertain the companies, battalions, and regiments from the several States in his army or department which do not contain the number prescribed in the first section of this act and which cannot be recruited to that number in a reasonable time. He will consolidate these under the first and second sections of said act, and according to the conditions of the same. He will announce such consolidation in general orders, designating the names of the new organizations, and immediately forward copies to this office. Care will be taken to have the names of all men for service transferred from the old rolls to the new.

III. The officers to command the new companies, battalions, and regiments will be selected by the commanding general from the officers and men belonging to the organizations that have been consolidated. They will be placed at once in command of the new organization, and remain in the positions to which they have been assigned, subject to the subsequent appointment of the President, by