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shall be one commissary of purchases, and two military storekeepers, to be attached to the purchasing department.

SEC. 10. That the medical department shall consist of one surgeon-general, eight surgeons, with the compensation of regimental surgeons, and3 forty-five assistant surgeons, with the compensation of post surgeons.

SEC. 11. That the officers, non-commissioned officers, artificers, musicians, and privates, retained by this act, except those specially provided for, shall have the same rank, pay, and emoluments as are provided, in like cases, by existing laws; and that the force authorized and continued in service under this act shall be subject to the rules and articles of war.

SEC. 12. That the President of the United States cause to be arranged the officers, non-commissioned officers, artificers, musicians, and privates, of the several corps now in the service of the United States, in such manner as to form and complete, out of the same, the force authorized by this act, and cause the supernumerary officers, non-commissioned officers, artificers, musicians, and privates, to be discharged from the service of the United States.

SEC. 13. That there shall be allowed and paid to each commissioned officer who shall be discharged from the service of the United States in pursuance of this act, three months' pay, in addition to the pay and emoluments to which he may be entitled by law at the time of his discharge.

SEC. 14.5 That the system of "General Regulations for the Army," compiled by Major-General Scott, shall be, and the same is hereby, approved and adopted for the government of the army of the United States, and of the militia when in the service of the United States.

[Approved, March 2, 1821.]

1 The office of commissary of purchases was abolished by the 23 August, 1842, chap. 186, sec. 3.

2 The organization of the medical department seems to be entirely changed by this act. It supplies the 2 March, 1799, chap. 27, vol. 1, p. 721, with respect to the hospitals and hospital surgeons, and the appointment of the apothecary-general and his assistants of the 30 March, 1814, chap. 37, sec. 11, and the 15 May, 1820, chap. 104, sec. 1. See chap. 55, 16 April, 1862, and chap. 127, - July, 1862.

3 Three surgeons and five assistants added by the 4 July, 1836, chap. 356, sec. 4; and see for additions the 23 August, 1842, chap. 186, sec. 4; the 28 July, 1832, chap. 150; the 30 July, 1834, chap. 133, and the 11 February, 1847, chap. 8, sec. 8. See act of 1856. And see 2 chap. 163, 21 June, 1860; and see chap. 51, 16 April, 1862, and chaps. 55 and 127, as in note above.

4 See the 16 March, 1802, chap. 9, sec. 4; the 12 April, 1808, sec. 4, and note; and the 14 January, 1812, chap. 14.

5 This section repealed by chap. 88, 7 May, 1822, post.

CHAPTER 88.-Approved, May 7, 1822.—Vol. 3, p. 686.

An Act to repeal the fourteenth section of "An Act to reduce and fix the military peace establishment," passed the second day of March, one thousand eight hundred and twenty-one.

That the fourteenth section of the act entitled "An act to reduce and fix the military peace establishment," passed the 2d day of March, 1821,1 be, and the same is hereby, repealed.

CHAPTER 90.-Approved, May 7, 1822.-Vol. 3, p. 688.

An Act further to amend the several Acts relative to the treasury, war, and navy departments.

SEC. 3. That all moneys appropriated for the use of the war and navy departments, shall, from and after the day and year last aforesaid, be drawn from the treasury, by warrants of the secretary of the treasury, upon the requisitions of the secretaries of those departments, respectively, countersigned by the second comptroller of the treasury, and registered by the proper auditor.

[SEC. 4 repeals so much of the act of 3 March, 1817, chap. 45, as is repugnant to this act.]

CHAPTER 5.-Approved, January 23, 1823.-Vol. 3, p. 721.

An Act to continue the present mode of supplying the army of the United States.

That the seventh, eighth, ninth, and tenth sections of the act entitled "An act regulating the staff of the army," passed April 14, 1818, be, and the same are hereby, continued in force for the term of five years, and until the end of the next session of Congress thereafter.

1 Chap. 13, ante. That section approved and adopted General Scott's system of "General Regulations for the Army."

2 See act 2 March, 1829, chap. 42.

3 Chap. 61.

4 See 3 March, 1835, chap. 49, by which it is continued perpetually.

CHAPTER 9.-Approved, January 31, 1823.-Vol. 3, p. 723.

An Act concerning the disbursement of public money.

1. No advance of public money. Unless necessary to promptness. Or on distant stations. 2. Officers or agents of the United States to account quarterly. 3. Officers or agents offending, to be reported to the President and dismissed. 4. No security to government to be impaired.

That, from and after the passing of this act, no advance of public money shall be made in any case whatever; but in all cases of contracts for the performance of any service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment: Provided, That it shall be lawful, under the especial' direction of the President of the United States, to make such advances to the disbursing officers of the government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfilment of the public engagements: And provided, also, That the President of the United States may direct such advances as he may deem necessary and proper, to such persons in the military and naval service as may be employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected.

SEC. 2. That every officer or agent of the United States, who shall receive public money which he is not authorized to retain, as salary, pay, or emolument, shall render his accounts quarteryearly to the proper accounting officers of the treasury, with the vouchers necessary to the correct and prompt settlement thereof, within three months, at least, after the expiration of each successive quarter, if resident within the United States; and within six months, if resident in a foreign country: Provided, That nothing herein contained shall be construed to restrain the secretaries of any of the departments from requiring such returns from the officer or agent, subject to the control of such secretaries, as the public interest may require.

SEC. 3. That every officer or agent of the United States who

1 The President is not expected to be the administrative officer of the departments, and his general order to the bureaus to advance funds to disbursing officers authorizes such payments. 1 How. 290, Williams vs. United States.

shall offend against the provisions of the preceding sections, shall, by the officer charged with the direction of the department to which such offending officer is responsible, be promptly reported to the President of the United States, and dismissed from the public service: Provided, That in all cases where any officer, in default as aforesaid, shall account to the satisfaction of the President for such default, he may be continued in office, any thing in the foregoing provision to the contrary notwithstanding.

SEC. 4. That no security given to, or obligation entered into, with the government, shall be in any wise impaired by the dismissing any officer, or from failure of the President to dismiss any officer, coming under the provisions of this act.

[Approved, January 31, 1823.]

March 3, 1797, chap. 20.

CHAPTER 37.-Approved, March 1, 1823.—Vol. 3, p. 770.

An Act in addition to the Act entitled "An Act for the prompt settlement of public accounts," and for the punishment of the crime of perjury.

3. Persons swearing falsely shall suffer as for perjury.

SEC. 3. That if any person shall swear or affirm falsely touching the expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury.

The 1st and 2d sections are for settlement of pending accounts, and are omitted. 2 This includes all cases of swearing, &c., required by the practice of the treasury department, in the expenditure of public money, or in support of any claims against the United States. 9 Peters, 238, 256, United States vs. Bailey.

And a false oath taken before a justice of the peace, authorized by regulation of the treasury department to take oaths as evidence at the department in support of a claim against the United States, is perjury. 9 Peters, 238-257, United States v. Bailey.

It is not necessary to allege the intent to have been felonious. 9 Peters, 238.

CHAPTER 59.-Approved, March 1, 1823.-Vol. 3, p. 782.

An Act supplementary to the Acts to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war.

Secretary of war to restore pensioners struck off by the 1st of May, 1820, if indigent.

SEC. 2. A judge may attend at the dwelling of persons unable to attend

in court.

SEC. 3. Pensions to commence after this act, &c.

CHAPTER 71.-Approved, March 3, 1823.-Vol. 3, p. 788.

An Act to establish a national armory on the western waters."

That the President of the United States be, and he is hereby, authorized to employ a skilful engineer or officer of the ordnance department, with such other person or persons as he may judge proper, to examine the most suitable site for a national armory on the western waters; and that the said engineer, and such other person or persons, be requested to report the result of their examinations to Congress at the commencement of its next session, particularly designating the sites by them examined, with the comparative advantages of each, and an estimate showing the amount necessary for purchasing each, and erecting all necessary buildings thereon.

SEC. 2. That the sum of $5000 be, and the same is hereby, appropriated to effect the object of this act.

CHAPTER 46.-Approved, April 30, 1824.-Vol. 4, p. 23.

An Act to procure the necessary surveys, plans, and estimates, upon the subject of roads and canals.

That the President of the United States is hereby authorized to cause the necessary surveys, plans, and estimates to be made of the routes of such roads and canals as he may deem of national importance, in a commercial or military point of view, or necessary for the transportation of the public mail; designating, in the case of each canal, what parts may be made capable of sloop navigation: the surveys, plans, and estimates for each, when completed, to be laid before Congress.

SEC. 2. That, to carry into effect the objects of this act, the President be, and he is hereby, authorized to employ3 two or more skilful civil engineers, and such officers of the corps of engineers, or who may be detailed to do duty with that corps, as he may think proper; and the sum of $30,000 be, and the same is hereby, appropriated, to be paid out of any moneys in the treasury not otherwise appropriated.

1 Chap. 53, ante.

2 See act July, 1862, chap. 148.

3 Clause in italics repealed by the 5 July, 1838, chap. 162, sec. 6.

4 To receive the pay, &c., as in the dragoons, by the act above cited, ch. 162, sec. 5

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