CHAPTER 25.-Approved, February 13, 1862.-Vol. 12, p. 339. An Act making an appropriation for completing the defences of Washington, and for other purposes.

One hundred and fifty thousand dollars appropriated for completing the defences of Washington.

SEC. 2. That the fifth section of the act of twenty-eighth September, eighteen hundred and fifty,' providing for the discharge from the service of minors enlisted without the consent of their parents or guardians, be, and the same hereby is, repealed: Provided, That hereafter no person under the age of eighteen shall be mustered into the United States service; and the oath of enlistment taken by the recruit shall be conclusive as to his age.

SEC. 3. That no volunteers or militia from any state or territory shall be mustered into the service of the United States on any terms or conditions confining their service to the limits of said state or territory, or their vicinities, beyond the number of ten thousand in the state of Missouri, and four thousand five hundred in the state of Maryland, heretofore authorized by the President of the United States, or secretary of war, to be raised in said states.

SEC. 4. That the second section of the act of the tenth of April, eighteen hundred and six, shall be, and the same is hereby, so amended as to read as follows:

SEC. 2. That, in time of war or rebellion against the supreme authority of the United States, all persons who shall be found lurking as spies, or acting as such, in or about the fortifications, encampments, posts, quarters, or head-quarters of the armies of the United States, or any of them, within any part of the United States which has been or may be declared to be in a state of insurrection by proclamation of the President of the United States, shall suffer death by sentence of a general court-martial.

SEC. 5. That the fifty-fifth article of the first section of act of tenth April, eighteen hundred and six, chapter twenty, be, and the same is hereby, so amended as to read as follows:

Art. 55. Whoever, belonging to the armies of the United States in foreign parts, or at any place within the United States, or their territories, during rebellion against the supreme authority of the United States, shall force a safeguard, shall suffer death. 2 Chap. 20.

1 Chap. 78.

[By chapter 31, approved 22 February, 1862, vol. 12, p. 344, the officers temporarily serving as signal officers shall receive, for the time they are so serving, the pay and emoluments of cavalry officers of their respective grades.]

CHAPTER 40.-Approved, March 13, 1862.-Vol. 12, p. 354.

An Act to make an additional article of war.

That hereafter the following shall be promulgated as an additional article of war for the government of the army of the United States, and shall be obeyed and observed as such:1

ART. 102. All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court-martial of violating this article shall be dismissed from the service.

SEC. 2. That this act shall take effect from and after its passage.

CHAPTER 47.-Approved, March 19, 1862.-Vol. 12, p. 371. An Act to provide for the appointment of sutlers in the volunteer service, and to define their duties.

That the inspector-generals of the army shall constitute a board of officers, whose duty it shall be to prepare, immediately after the passage of this act, a list or schedule of the following articles which may be sold by sutlers to the officers and soldiers of the volunteer service, to wit: Apples, dried apples, oranges, figs, lemons, butter, cheese, milk, syrup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket lookingglasses, pins, gloves, leather, tin wash-basins, shirt-buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking-brushes, clothes-brushes, toothbrushes, hair-brushes, coarse and fine combs, emery, crocus, pocket-handkerchiefs, stationery, armor oil, sweet oil, rotten

1 See chap. 20, 10 April, 1806.

stone, razor-strops, razors, shaving-soap, soap, suspenders, scissors, shoe-strings, needles, thread, knives, pencils, and Bristol brick. Said list or schedule shall be subject, from time to time, to such revision and change as, in the judgment of the said board, the good of the service may require: Provided, always, That no intoxicating liquors shall at any time be contained therein, or the sale of such liquors be in any way authorized by said board. A copy of said list or schedule, and of any subsequent change therein, together with a copy of this act, shall be, without delay, furnished by said board to the commanding officer of each brigade and of each regiment not attached to any brigade in the volunteer service, and also to the adjutant-general of the army.

SEC. 2. That immediately upon the receipt from said board of said list or schedule and copy of this act by the commanding officer of any such brigade, the acting brigadier-general, surgeon, quartermaster, and commissary of said brigade shall constitute a board of officers whose duty it shall be to affix to each article in said list or schedule a price for said brigade, which shall be by them forthwith reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who shall, after such approval, report the same to the inspector-generals, and the same, if not disapproved by them, shall be the price not exceeding which said articles may be sold to the officers and soldiers in said brigade. Whenever any brigade shall not be attached to a division, said prices shall then be reported directly to the inspector-generals, and if approved by them shall be the price fixed for such brigade as aforesaid; and whenever any regiment shall be unattached to any brigade, the acting colonel, lieutenant-colonel, major, and captains thereof shall constitute the board of officers by whom the price of said articles shall be fixed for said regiment, in the same manner as is herein provided for an unattached brigade. The prices so fixed may be changed. by said boards respectively from time to time, not oftener than once in thirty days; but all changes therein shall be reported in like manner and for the same purpose as when originally fixed.

SEC. 3. That it shall be the duty of the commanding officer of each brigade, immediately upon receipt of a copy of said list or

schedule and copy of this act, as herein provided, to cause one sutler for each regiment in his brigade to be selected by the commissioned officers of such regiment, which selection shall be by him reported to the adjutant-general of the army; the person so selected shall be sole sutler of said regiment. And the commanding officer of each unattached regiment shall, in like manner, cause a selection of a sutler to be made for said regiment, who shall be sole sutler of said regiment. Any vacancy in the office of sutler from any cause shall be filled in the same way as an original appointment.

SEC. 4. That the sutlers chosen in the manner provided in the preceding section shall be allowed a lien only upon the pay of the officers, non-commissioned officers, and privates of the regiment for which he has been chosen, or those stationed at the post to which he has been appointed, and for no greater sum than one-sixth of the monthly pay of each officer, non-commissioned officer, or private, for articles sold during each month; and the amount of one-sixth or less than one-sixth of the pay of such officer, non-commissioned officer, or private so sold to him by the sutler, shall be charged on the pay rolls of such officer, non-commissioned officer, or private, and deducted from his pay, and paid over by the paymaster to the sutler of the regiment or military post, as the case may be: Provided, That if any paymaster in the service of the United States shall allow or pay any greater sum to any sutler than that hereby authorized to be retained from the pay of the officers, non-commissioned officers, musicians, and privates, for articles sold by any sutler during any one month, then the amount so allowed or paid by the paymaster shall be charged against the said paymaster and deducted from his pay and returned to the officer, non-commis sioned officer, musician, or private against whom the amount was originally charged. And any captain or lieutenant commanding a company who may certify any pay roll bearing a charge in favor of the sutler against any officer, non-commissioned officer, musician, or private, larger or greater than onesixth of the monthly pay of such officer, non-commissioned officer, musician, or private, shall be punished at the discretion of a courtmartial: Provided, however, That sutlers shall be allowed to sell only the articles designated in the list or schedule provided in this act, and none others, and at prices not exceeding those

affixed to said articles, as herein provided: And provided, further, That the sutlers shall have no legal claim upon any officer, noncommissioned officer, musician, or private to an amount exceeding one-sixth of his pay for articles sold during any month. He shall keep said list or schedule, together with a copy of this act, fairly written or printed, posted up in some conspicuous part of the place where he makes said sales, and where the same can be easily read by any person to whom he makes said sales.

SEC. 5. That it shall be the duty of the inspector-generals to cause the place of sale and articles kept for that purpose, by said sutlers, to be inspected from time to time, once in fifteen days at least, by some competent officer, specially detailed for that duty, and such changes in said place, or in the quality and character of the articles mentioned in said list or schedule so kept, as shall be required by said officer, shall be conformed to by each sutler. And such officer shall report each inspection to the inspector-generals.

SEC. 6. That no person shall be permitted to act as sutler unless appointed according to the provisions of this act; nor shall any person be sutler for more than one regiment; nor shall any sutler farm out or underlet the business of sutling or the privileges granted to him by his appointment; nor shall any officer of the army receive from any sutler any money or other presents, nor be interested in any way in the stock, trade, or business of any sutler; and any officer receiving such presents, or being thus interested, directly or indirectly, shall be punished at the discretion of a court-martial. No sutler shall sell to an enlisted man on credit to a sum exceeding one-fourth of his monthly pay within the same month; nor shall the regimental quartermasters allow the use of army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be used for the transportation of sutlers' supplies.

SEC. 7. That any sutler who shall violate any of the provisions of this act shall, by the colonel, with consent of the council of administration, be dismissed from the service, and be ineligible to a reappointment as sutler in the service of the United States. [Approved, March 19, 1862.]

See arts. 29, 30, 31, and 60 of chap. 20, 10 April, 1806, and sec. 11 of chap. 61, 3 March, 1847, and sec. 5 of chap. 156, 12 June, 1858.