same may be seized, or into which they may be taken and proceedings first instituted. to insti condemna SEC. 3. And be it further enacted, That the Attorney-tute proceedings General, or any district attorney of the United States in f tion, and for which said property may at the time be, may institute whose use. the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. persons held to to be forfeited. SEC. 4. And be it further enacted, That whenever here- When claims to after, during the present insurrection against the Gov-service and labor ernment of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act. APPROVED, August 6, 1861. ACTS PASSED BY THIRTY-SEVENTH CONGRESS, SECOND [12 Stats. 334.] CHAP. XV.-An Act to authorize the President of the United States in certain Cases to take Possession of Railroad and Telegraph Lines, and for other Purposes. January 31, 1862 ̧ Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Railroad That the President of the United States, when in his telegraph judgment the public safety may require it, be, and he is possession of, may be and lines taken hereby authorized to take possession of any or all the telegraph lines in the United States, their offices and appurtenances; to take possession of any or all the railroad lines in the United States, their rolling-stock, their offices, shops, buildings, and all their appendages and appurtenances; to prescribe rules and regulations for the holding, using, and maintaining of the aforesaid telegraph and railroad lines, and to extend, repair, and complete the same, in the manner most conducive to the may be used, safety and interest of the Government; to place under military control. military control all the officers, agents, and employés belonging to the telegraph and railroad lines thus taken possession of by the President, so that they shall be considered as a post road and a part of the military establishment of the United States, subject to all the restrictions imposed by the rules and articles of war. extended, &c., and placed under attempting to ob ment in the use punished. SEC. 2. And be it further enacted, That any attempt by any party or parties whomsoever, in any State or District Obstructing, or in which the laws of the United States are opposed, or the struct the govern- execution thereof obstructed by insurgents and rebels thereof how against the United States, too powerful to be suppressed by the ordinary course of judicial proceedings, to resist or interfere with the unrestrained use by Government of the property described in the preceding section, or any attempt to injure or destroy the property aforesaid, shall be punished as a military offence, by death, or such other penalty as a court-martial may impose. Commissioners to determine SEC. 3. And be it further enacted, That three commisdamages. sioners shall be appointed by the President of the United States, by and with the advice and consent of the Senate, to assess and determine the damages suffered, or the compensation to which any railroad or telegraph company may be entitled by reason of the railroad or telegraph line being seized and used under the authority conferred by this act, and their award shall be submitted to Congress for their action. of Secretary of War. Transportation SEC. 4. And be it further enacted, That the transportaof troops, &c. to be under control tion of troops, munitions of war, equipments, military property and stores, throughout the United States, shall be under the immediate control and supervision of the Secretary of War and such agents as he may appoint; and all rules, regulations, articles, usages, and laws in conflict with this provision are hereby annulled. Pay of commissioners. SEC. 5. And be it further enacted, That the compensaAct, how long tion of each of the commissioners aforesaid shall be eight n force. dollars per day while in actual service; and that the provisions of this act, so far as it relates to the operating and using said railroads and telegraphs, shall not be in force any longer than is necessary for the suppression of this rebellion. APPROVED, January 31, 1862. [12 Stats. 371.] CHAP. XLVII.—An Act to provide for the Appointment of Sutlers in the Volunteer Service, and to define their Duties. March 19, 1862. Ante, p. 331. pare list of arti ▲ ist. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inspector-generals of the army shall constitute Board to prea board of officers, whose duty it shall be to prepare, eles r sutlers to 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, sirup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket lookingglasses, pins, gloves, leather, tin washbasins, shirt buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs, emery, crocus, pocket handkerchiefs, stationery, armor oil, sweet oil, rotten stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoestrings, needles, thread, knives, pencils, and Bristol brick. Said list or schedule shall be subject, Subject to refrom 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, No intoxicat 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 sub- Copy of list, sequent change therein, together with a copy of this nished. 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. And be it further enacted, That immediately Another board upon the receipt from said board of said list or schedule to affix price to and copy of this act by the commanding officer of any make report, &c. 37639-18- -67 vision. ing liquors. &c., to be fur each article in the list, and 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. Prices may be 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. changed, &c. Brigade com mander to cause lected for each Report. SEC. 3. And be it further enacted, That it shall be the a sutler to be se duty of the commanding officer of each brigade, immeregiment. diately 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 Vacancy, how 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. filled. Sutlers so chos en to have a lien of pay, &c. SEC. 4. And be it further enacted, That the sutlers on one sixth part 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 lowing or paying ing pay-roll for 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 Penalty for alpaymaster in the service of the United States shall allow a greater sum, 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-commissioned 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 or for certifybearing a charge in favor of the sutler against any officer, greater sum. non-commissioned officer, musician, or private, larger or greater than one sixth of the monthly pay of such officer, non-commissioned officer, musician, or private, shall be punished at the discretion of a court-martial: Provided, however, That sutlers shall be allowed to sell only the Sutlers to sell articles designated in the list or schedule provided in this list, 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 to any officer, non-commissioned officer, musician, or pri- than one sixth, vate, to an amount exceeding one sixth of his pay for articles sold during any month. He shall keep said list Suttlers to keep 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. And be it further enacted, 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 only articles in have no claim for more &c. ist posted, &c. Place of sale inspected once in and articles to be fifteen days. |