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Instructions for the Government of Armies of the United States in the Field (Lieber Code). 24 April 1863.
Section IV : Partisans -- Armed enemies not belonging to the hostile army -- Scouts -- Armed prowlers -- War-rebels - Art. 83.
Art. 83. Scouts, or single soldiers, if disguised in the dress of the country or in the uniform of the army hostile to their own, employed in obtaining information, if found within or lurking about the lines of the captor, are treated as spies, and suffer death.