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2. When it appears to the satisfaction of the secretary of war that certificates of faithful services, in cases of discharge from military service, have been omitted by neglect, misconstruction, or casualty, the omission is not to prevent the issuing of warrants and patents. Upon proof of the loss of a discharge and certificate, the secretary of war is to furnish papers, &c. Proviso: if the measure be justified by the time of enlistment, &c.

That when any soldier of the regular army, having obtained. a military land warrant, shall have lost, or shall hereafter lose, the same, or the said warrant shall have been, or may be, by accident destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the secretary of war, be entitled to a patent, in like manner as if the said warrant was produced. SEC. 2. That in all cases of discharges from the military service of the United States, of any soldier of the regular army, when it shall appear to the satisfaction of the secretary of war that a certificate of faithful services has been omitted by the. neglect of the discharging officer, by misconstruction of the laws, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other And when it shall have been proved, as aforesaid, that any soldier of the regular army has lost his discharge and certificate of faithful service, the secretary of war shall cause such papers to be furnished such soldier of the regular army as will entitle him to his land warrant and patent: Provided, Such measure be justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached.

cases.

[Approved, April 27, 1816.]

CHAPTER 135.-Approved, April 29, 1816.-Vol. 3, p. 320.

An Act concerning the annual sum appropriated for arming and equipping the militia.1 1. The sum of $200,000 for providing arms, &c., for the militia, to be paid out of any moneys in the treasury not otherwise appropriated. 2. The sum appropriated to be applied according to the act of 23 April, 1808, without being carried to the surplus fund. Nothing in the act of 3 March, 1809, to authorize a transfer of any portion of the sum to any other branch of expenditure.

That the annual sum of two hundred thousand dollars, as

1 See act 23 April, 1808, with the note thereon.

appropriated for the purpose of providing arms and military equipments for the militia, either by purchase or manufacture, according to the act of the twenty-third of April, one thousand eight hundred and eight, entitled "An act making provision for arming and equipping the whole body of the militia of the United States," shall be paid, for each year, respectively, out of any moneys in the treasury not otherwise appropriated.

SEC. 2. That the sum appropriated to be paid as aforesaid shall be applied for the purpose, and according to the intention, specified in said act, without being liable, at any time, to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine,' entitled "An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be construed to authorize the transferring of the sum annually appropriated as aforesaid, or any portion thereof, to any other branch of expenditure." [Approved, April 29, 1816.]

[By Chap. 140, 29 April, 1816, vol. 3, p. 322, an additional accountant of the War Department was authorized to be appointed.]

CHAPTER 142.-Approved, April 29, 1816.-Vol. 3, P. 323.

An Act to increase the compensation of the superintendents of the manufactories of arms at Springfield and Harper's Ferry.

That, in addition to the pay and rations, as at present fixed, of the superintendents of the manufactories of arms at Springfield and Harper's Ferry, they shall receive $30 per month, and one ration per day.

RESOLUTION 7.-Approved, April 29, 1816.-Vol. 3, p. 342.

Resolution authorizing the President of the United States to employ a skilful assistant in the corps of engineers,

That the President of the United States be, and he is hereby, authorized

1 Chap. 28.

See note to act 3 March, 1817, chap. 96.

3 Abolished. See act 3 March, 1817, chap. 45, sec. 1.

4 These manufactories are again in charge of ordnance officers.
Repealed by Resolution 8, 14 July, 1832.

to employ, in addition to the corps of engineers as now established, a skilful assistant, whose compensation shall be such as the President of the United States shall think proper, not exceeding the allowance to the chief officer of that corps.

[Approved, April 29, 1816.]

CHAPTER 45.-Approved March 3, 1817.—Vol. 3, p. 366.

An Act to provide for the prompt settlement of public accounts.1

2. All accounts to be settled in the treasury department, after 3 March, 1817. 3. Four auditors and one comptroller additional, in the treasury department. 4. Duty of the second auditor. Duty of the third auditor. Proviso: as to the accounts of the additional accountant. 5. Further duties of the auditors. 6. Auditors to report to the secretary of the treasury. 8. Duty of the first comptroller. 9. Duty of the second comptroller. 10. First comptroller to superintend the recovery of all debts, &c. 11. The provision contained in the second section of the act of 3 March, 1797, extended in regard to the accounts of the war and navy departments, &c. 12. Auditors empowered to administer oaths, &c. 13. Secretary of the treasury to cause all accounts of the expenditure of public money to be settled within the year, except, &c. First comptroller to lay before Congress, annually, a list of officers failing to make settlement, &c. 14. The comptroller to distinguish between balances, &c. Comptroller not required to include balances where debtors have been reported insolvent three successive years. 15. Salary of the second comptroller and auditors, $3000 per annum. 16. Letters, &c., to and from the second comptroller and auditors.

That from and after the 3d day of March the offices of accountant' and additional accountants of the department of war, the office of accountant of the navy, and the office of superintendent1-general of military supplies, be, and they are hereby, abolished.

SEC. 2. That, from and after the said third day of March next, all claims and demands whatever, by the United States or against them, and all accounts whatever in which the United States are concerned either as debtors or as creditors, shall be settled and adjusted in the treasury department.

SEC. 3. That, from and after the third day of March next, in addition to the officers in the treasury department, already established by law, there shall be the following officers, namely: four auditors and one comptroller.

1 This act prescribes the duties, and indicates the powers, of those charged with the settlement of public accounts, and may, therefore, be useful to a portion of the officers of the army, whose duties relate to the disbursement of the public money. 2 Established by act of 8 May, 1792, chap. 37.

3 Appointed by chap. 140, 29 April, 1816.

4 Established by act of 3 March, 1813.

SEC. 4. That it shall be the duty of the second1 auditor to receive all accounts relative to the pay and clothing of the army, the subsistence of officers, bounties and premiums, military and hospital stores, and the contingent expenses of the war department; that it shall be the duty of the third auditor to receive all accounts relative to the subsistence of the army, the quartermaster's department, and, generally, all accounts of the war department other than those provided for; and the second and third auditors aforesaid, shall examine the accounts respectively, and certify the balance, and transmit the accounts, with the vouchers and certificate, to the second comptroller, for his decision thereon: Provided, That the President of the United States may assign to the second and third auditors the settlement of the accounts which are now confided to the additional accountant of the war department.

SEC. 5. That it shall be the duty of the auditors, charged with the examination of the accounts of the war and navy departments, to keep all accounts of the receipts and expenditures of the public money in regard to those departments, and of all public debts due to the United States on moneys advanced relative to those departments; to receive from the second comptroller the accounts which shall have been finally adjusted, and to preserve such accounts, with their vouchers and certificates, and to record all warrants drawn by the secretaries of those departments, the examination of the accounts of which has been assigned to them by the preceding section. And it shall be the duty of the said auditors to make such reports on the business assigned to them, as the secretary of the war and navy departments may deem necessary, and require, for the services of those departments.

SEC. 6. That the said auditors shall annually, on the first Monday in November, report to the secretary of the treasury the application of the money appropriated for the military and naval departments for the preceding year, which shall be laid before Congress, by him, with the annual statement of the public expenditure.

SEC. 7. [The treasurer to disburse all moneys ordered for the use of the war and navy departments, &c.]

1 By act of 3 March, 1857, "all accounts and vouchers of the disbursing officers of the quartermaster-general's department shall be audited and settled by the third auditor."

2 This section is repealed by the 7 May, 1822, chap. 90, sec. 4.

SEC. 8. That it shall be the duty of the first comptroller to examine all accounts settled by the first and fifth auditors, and certify the balances arising thereon to the register; to countersign' all warrants drawn by the secretary of the treasury, which shall be warranted by law; to report to the secretary the official forms to be issued in the different offices for collecting the public revenue, and the manner and form of keeping and stating the accounts of the several persons employed therein; he shall also superintend the preservation of the public accounts, subject to his revision, and provide for the regular payment of all moneys which may be collected.

SEC. 9. That it shall be the duty of the second comptroller to examine all accounts settled by the second, third, and fourth auditors, and certify the balances arising thereon, to the secre tary of the department in which the expenditure has been incurred; to countersign all warrants drawn by the secretaries of the war and navy departments, which shall be warranted by law; to report to the said secretaries the official forms to be issued in the different offices for disbursing the public money in those departments, and the manner and form of keeping and stating the accounts of the persons employed therein; and it shall also be his duty to superintend the preservation of the public accounts subject to his revision.

SEC. 10. That it shall be the duty of the first comptroller to superintend the recovery of all debts to the United States; to direct suits and legal proceedings, and to take all such measures as may be authorized by the laws, to enforce prompt payment of all debts to the United States,

Sic. 11. That the provision contained in the second section of the act, passed the third March, one thousand seven hundred and ninety-seven, entitled “An act to provide more effectually for the settlement of accounts between the United States and receivers of public money," which directs that in every case where suits have been, or shall be, instituted, a transcript from the books and proceedings of the treasury, certified by the register, shall be admitted as evidence, be extended, in regard to the accounts of the war and navy departments, to the auditors respectively charged with the examination of those accounts, 1 Same by 7 May, 1×22, chap. 90, sec. 3.

* ( Lap 20, ante.

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