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CHAPTER 28.- Approved, March 2, 1829.—Vol. 4, p. 350.

An Act making provision for the payment of pensions to the widow or children oj per

sioners, in certain cases, and for other purposes.

1. Arrears of pension to be paid to representatives of invalid pensioner dying before

certificate. 2. Arrears to be paid to widow, &c. 3. Proof of wounds.

That, in case of the death of any invalid pensioner before the certificate of the continuance of his disability required by the act entitled “ An act regulating the payments to invalid pensioners,” passed March third, one thousand eight hundred and nineteen, was 'obtained, it shall be lawful for the secretary of war, and he is hereby directed, to pay to the legal representatives of such deceased invalid, the arrears of pensions due at the time of his death, at the rate at wbich it was fixed at his last examination: Provided, Such last examination was within two years from the time of his death.

Sec. 2. That, whenever any revolutionary pensioner shall die, the secretary of war shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments under this act shall be made to the widow of the deceased pensioner, or to her attorney, or, if he left no widow, or she be dead, to the children of the pensioner, or to the guardian, or his attorney; and, if no child or children, then to the legal representatives of the deceased.

Sec. 3. That, in all cases of applications for pensions for wounds received in the revolutionary war, the testimony to establish the facts may be authenticated in the same manner with those who apply for pensions for wounds received in the late war with Great Britain.

[By chap. 38, 2 March, 1829, vol. 4, p. 357, secretary of war to contract for 60,000 copies Infantry Tactics, and 5000 copies Exercise of Field Artillery. To be distributed among the states, territories, and District of Columbia, through their chief magistrates, &c. Appropriation, $14,790.

1 Chap. 81. The act of 1819 (providing for proof of wounds, &c.) is repealed by the 14 July, 1832, chap. 234, vol. 4, p. 599.

CHAPTER 42.- Approved, March 2, 1829.- Vol. 4, p. 360.

An Act to continue the present mode of supplying the army of the l'nited States.

That the sixth, seventh, eighth, ninth, and tenth sections of the act, entitled "An act orgulating the staff of the army of the United States,"" parmed April 14, Imin, and the eighth section of the act entitled “ An act to reducer and fix the military peace establishment of the t'nited States,"? passed March 2, 121, are hereby continued in force for five years from the passing of this act, and thence to the end of the best session of Con

*** thereafter, and no longer.

Sir. 2. That, the better to enable the commissarr-general of subsistence to carry into effect the provisions of the above-peated acts, there be apapointed two commissaries, to be taken from the line of the army, one of whom shall have the same rank. pay, and emoluments as quartermaster, and the other with the rank, pay, and emoluments of assistant quarter. master."

CHAPTER 179.- Approved, May 29, 1830 – Vol. 4, p. 417.

AAnt to alter and emend the virty-fifth artele of the first section of an Ane entitled * An Art for entahlicking rules and articles for the gorerwment of the armies of the / Nuted States," pamed the tenth of April, me thround engke hundred and ris.

That, whenever a general officer commanding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer of the army of the l'nited States under his command, the general court martial for the trial of such officer shall be appointed by the President of the l'nited States

Sec. 2. That the proceedings and sentence of the raid court shall be sent directly to the secretary of war, to be by him laid before the President for his contirmation, or approval, or orders in the rane.

Sre. 3. That so much of the sixtr-onth article of the first set of * An * fuppetallishing rules and art les for the sertiment if the armies of the (uited States," premed on the luth of April, 1 m , ** is repugnant hereto, le, and the same in bereby, repraled.

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CHAPTER 183.–Approved, May 29,1830.-Vol. 4, p. 418.

An Act to exempt deserters, in time of peace, from the punishment of death. That, from and after the passage of this act, no officer or sol. dier in the army of the United States shall be subject to the punishment of death for desertion in time of peace."

[By chap. 228, May 31, 1830, vol. 4, p. 426, invalid pensioners not to be subject to deductions contained in sec. 2, chap. 53, Mav 15, 1828.]

CHAPTER 67.— Approved, April 5, 1832.—Vol. 4, p. 504.

An Act providing for the organization of the ordnance department.

1. Ordnance department to consist of, &c. 2. Ordnance sergeants. 3. Lieutenants

may be selected for ordnance duty. 4. Government and pay.

That, from and after the passage of this act, the ordnance department shall consist of one colonel, one lieutenant-colonel, two majors, and ten captains, and as many enlisted men as the public service may require, not exceeding two hundred and fifty.

Sec. 2. That the secretary of war be authorized to select from the sergeants of the line of the army, who shall have faithfully served eight years in the service, four years of which in the grade of non-commissioned officer, as many ordnance sergeants as the service may require, not to exceed one for each military post; whose duty it shall be to receive and preserve the ord. nance, arms, ammunition, and other military stores, at the post, under the direction of the commanding officer of the samo, and under such regulations as shall be prescribed by the secretary

1 See Articles of War, art. 20, 10 April, 1806; ibid. art. 65. ? And see 14 July, 1832, chap. 237.

3 See 5 July, 1838, chap. 162, and note. See also sec. 3, chap. 42, 3 August, 1861, for further increase.

of war, and who shall receive for their services five dollars per month, in addition to their pay in the line.

Sec. 3. That the first section of the act passed on the 8th of February, 1*15, entitled "An act for the better regulation of the ordnance department," and so much of the second section of the act entitled "An act to reduce and fix the military peace establishment of the United States," pared the 20 of March, 1-21, as provides for one supernumerary captain to each regiment of artillery, to perform ordinance duty, and so much of the fourth section of the same act as merges the ordnance department in the artillery, and reduces the number of enlisted men, be, and the same are bereby, repealed :

Proridei, That nothing contained in this act shall be so construed as to divest the President of the l'nited States of authority to select from the regiments of artillery such number of lieutenants as may be necessary for the performance of the duties of the ordnance department.

SEC. 4. That all officers and enlisted men authorized by this act shall be subject to the rules and articles of war, and that the officers' shall receive the pay and emoluments now allowed, or which may hereafter be allowed, to artillery officers.

[.Approred, April 5, 1*32]

CHAPTER 126.- Approved, June 7, 1832— Vol. 4, p. 529.

A. Art supplementary to the "Ace for the relief of certain rurriring oficers and sol

diers of the realet."*

1. Who served two years, to receive pay according to rank, not over captain'. Kerr.

in g six mnths, to receive an annuity. 2. Pensopers to have benefits of this set antal pen**is relinquisbed. 3. W bere pard. Foreign cheers not entitled to, antil essence of night to Xot transferable, &c. 4. Paymenta. On death, to waw or children.

That each of the surviving officers, non commissioned officers, musicians, soldiers, and Indian spies, who shall have served in the continental line, or state troops, volunteers, or militia, at one

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or more terms, a period of two years,' during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the revolution, passed the fifteenth day of May, eighteen hundred and twenty-eight, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in the said line, according to his rank, but not exceeding, in any case, the pay of a captain in the said line; such pay to commence from the fourth day of March, one thousand eight hundred and thirty-one, and shall continue during his natural lite; and that any such officer, non-commissioned officer, musician, or private, as aforesaid, who shall have served in the continental line, state troops, volunteers, or militia, a term or terms in the whole less than the above period, but not less than six months, shall be authorized to receive out of any unappropriated money in the treasury," during his natural life, each according to his term of service, an amount bearing such proportion to the annuity granted to the same rank for the service of two years as his term of service did to the term aforesaid; to commence from the fourth day of March, one thousand eight hundred and thirtyone.

Sec. 2. That no person receiving any annuity or pension under any law of the United States providing for revolutionary officers and soldiers, shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension; and in all payments under this act, the amount which may bave been received under any other act as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment.

Sec. 3. That the pay allowed by this act shall, under the direction of the secretary of the treasury, be paid to the officer,

I The 15 May, 1828, chap. 53.

7 Extended in case of death to the widow of such as have, or may die, if married before 1 January, 1794, by the 2 February, 1848, chap. 8; and see the & July, 136, chap. 362, sec. 3, as to widows.

The pension of one dying after 4 Marcb, 1831, and before 7 July, 1932, payable to widow or heirs, as if he had lived, by the 4 July, 1836, chap. 312, sec. 2.

3 See how computation to be made, by the res. No. 2, 2 March, 1833, and resolo. tion 9, 14 July, 1832.

* Words in italies repealed by seo. 2, chap. 14, 5 April, 1856.
5 Unless they are invalid pensioners: 19 February, 1833, chap. 31.

6 Of war, by the res. No. 4, 28 June, 1832, vol. 4, p. 605; now the secretary of the interior, by the 3 March, 1849, chap. 108, sec. 6.

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