Chapter XLVII. *to provide for the Appointment of Sutlers in the Volunteer Service, and to define their Duties.* March 19, 1862.*Ante*, p. 331 *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the inspector-generals ofBoard to prepare list of art
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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 *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the inspector-generals ofBoard to prepare list of articles for sutlers to sell. 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,List. oranges, figs, lemons, butter, cheese, milk, sirup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking-glasses, 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 tine 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, from time to time, to such revisionSubject to revision. and change as, in the judgment of the said board, the good of the service may require: *Provided, always*, That no intoxicating liquors shallNo intoxicating liquors. 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, andCopy of list, &c., to be furnished. 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. *And be it further enacted*, That immediately upon the receiptAnother board to affix price to each article in the list, and make report, &c. 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 constitute372THIRTY-SEVENTH CONGRESS. Sess. II. Ch. 47. 1862. 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 Prices may be changed, &c.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. Brigade commander to cause a sutler to be selected for each regiment.*And be it further enacted*, 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 Report.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 Vacancy, how filled.regiment. Any vacancy in the office of sutler from any cause shall be filled in the same way as an original appointment. Sec. 4. Sutlers so chosen to have a lien on one sixth part of pay, &c.*And be it further enacted*, 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 payrolls of such officer, non-commissioned officer, or private, and deducted from bis pay, and paid over by the paymaster to the sutler of the regiment Penalty for allowing or paying a greater sum,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, pay master 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 or for certifying pay-roll for greater sum.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 one sixth of the monthly pay of such officer, non-commissioned officer, musician, or private, shall be Sutlers to sell only articles in list,punished at the discretion of a court-martial: *Provided, however*, That sutlers shall be allowed to sell only the articles designated in the list or sehedule provided in this act, and none others, and at prices not exceeding those affixed to said articles, as herein provided: *And provided to have no claim for more than one sixth, &c.further*, That the sutlers shall have no legal claim upon any officer, non-commissioned officer, musician, or private, to an amount ex-THIRTY-SEVENTH CONGRESS.
Sess. II. Ch. 47, 48. 1862.373ceeding 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, fairlySattlers to keep list posted, &c. 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-generalsPlace of sale and articles to be inspected once in fifteen days. 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.
AndReport. such officer shall report each inspection to the inspector-generals. Sec. 6. *And be it further enacted*, That no person shall be permittedNo person to act as sutler, unless, &c., and only for one regiment, not to underlet.Officer not to receive presents from sutler. 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, directlyPenalty. 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 exceedingLimit of credit to men. one fourth of his monthly pay within the same month; nor shall the regimental quartermasters allow the use of army wagons for sutlers’Wagons and transportation. purposes; nor shall the quartermasters’ conveyances be used for the transportation of sutlers’ supplies. Sec. 7. *And be it further enacted*, That any sutler who shall violateSutlers violating this act to be dismissed, &c. 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.