38. (1) Any person subject to this Act who deserts or attempts to desert the service, shall on conviction by court-martial,-if he commits the offence on active service or when under orders for active service, be liable to suffer long imprisonment; andif he commits the offence under any other circumstances, be liable to suffer short imprisonment. (2) Any person subject to this Act,-who knowingly harbours any such deserter ; orwho being cognisant of any desertion or attempt at desertion of a person subject to this Act, does not forthwith give notice to his own or some other superior officer, or take any steps in his power to cause such person to be apprehended, shall, on conviction by court-martial, be liable to suffer short imprisonment.