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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 life; 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 thirty

one.

SEC. 2. That no persons 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 have 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,

1 The 15 May, 1828, chap. 53.

2 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 4 July, 1856, chap. 362, sec. 3, as to widows.

The pension of one dying after 4 March, 1831, and before 7 July, 1832, payable to widow or heirs, as if he had lived, by the 4 July, 1836, chap. 342, sec. 2.

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

4 Words in italics repealed by sec. 2, chap. 14, 5 April, 1856.

5 Unless they are invalid pensioners: 19 February, 1833, chap. 31.

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.

non-commissioned officer, musician, or private entitled thereto, or his or their authorized attorney, at such places and times as the secretary of the treasury may direct, and that no foreign officer shall be entitled to said pay, nor shall any officer, noncommissioned officer, musician, or private receive the same until be furnish the said secretary satisfactory evidence that he is entitled to the same, in conformity to the provisions of this act; and the pay hereby allowed shall not be in any way transferable or liable to attachment, levy, or seizure by any legal process whatever, but shall inure wholly to the personal benefit of the officer, non-commissioned officer, musician, or soldier entitled to the same.

Sec. 4. That so much of the said pay as accrued before the approval of this act shall be paid to the person entitled to the same, as soon as may be, in the manner and under the provisions above mentioned; and the pay which shall accrue thereafter shall be paid semi-annually, in the manner above directed; and in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment and the death of such person shall be paid to his widow, or, if he leave no widow, to his children.

[Approved, June 7, 1×32]

CHAPTER 131-Approved, June 15, 1832-Vol. 4, p. 533.

As Act to authorize the Prendent to rasse mounted riflemen for the defence of the frontier

That the President of the United States be, and he is hereby, authorized to raise, either by the ae eptance of volunteers, or enlistment for one year unless sooner discharged, six hundred mounted rar gers, to be armed, equipped, mounted, and organized in such matter, and to be under such regulations and restrictions, as the nature of the service may, in his opinion, make necessary,

Ste. 2. That each of the said companies of rangers shall consist of one captain, one first, one sees nd, and one third lieutenant, five sergeants, five corporals, and offe hundred privates; the whole to form a battalion, and be e mmanded by a major.

1 Superseded by act of 2 March, 1××1, chap 76.

show, in like manner, to the satisfaction of the secretary of war, that due care and attention were given to the preservation of said supplies, and that the damage did not result from neglect. SEC. 4. That, the better to enable the quartermaster's department to carry into effect the provisions of this act, there be appointed two additional quartermasters, and ten assistant quartermasters, to be taken from the line of the army, who shall have the same rank and compensation as are provided for like grades by the act entitled "An act to reduce and fix the military peace establishment of the United States," approved the second day of March, one thousand eight hundred and twentyone: Provided, That assistant quartermasters be entitled, also, to receive the allowance of forage heretofore authorized, by law, to regimental and battalion quartermasters.

SEC. 5. That each officer appointed under this act shall, before he enter upon his duties, give bond, with sufficient surety, to be approved by the secretary of war, in such sum as the President. shall direct, with condition for the faithful performance of the duties of his office.

[Approved, May 18, 1826.]

March 28, 1812, chap. 46, sec. 3. May 22, 1812, chap. 92.
July 5, 1838, chap. 142, sec. 9, &c.

[By chap. 82, 20 May, 1826, vol. 4, p. 178, Secretary of War to cause to be purchased in the vicinity of Augusta, Georgia, a proper site for a United States arsenal.

A sum not exceeding $70,000 appropriated, &c.]

[By chap. 88, 20 May, 1826, vol. 4, p. 179, Secretary of War to purchase a site for an arsenal at or in the vicinity of Saint Louis, Missouri. $15,000 appropriated.]

1 For other additions, see sec. 3, chap. 42, 3 August, 1861.

2 Chap. 13, sec. 7.

By the 12 April, 1808, chap. 43, sec. 4, ante.

RESOLUTION 3.-By May 18, 1826.-Vol. 4, p. 195.

Resolution directing a system of cavalry tactics, and a system of instruction for artillery, to be prepared for the use of the cavalry and artillery of the militia.

That the secretary of war be authorized to have prepared a complete system of cavalry tactics, and also a system of exercise and instruction of field artillery, including manoeuvres for light or horse artillery, for the use of the militia of the United States, to be reported for consideration or adoption by Congress at its next session.1

CHAPTER 42.-Approved, March 2, 1827.-Vol. 4, p. 297.

An Act giving further compensation to the captains and subalterns of the army of the United States, in certain cases.

That, from and after the passing of this act, each captain and subaltern in the army shall be allowed one additional ration.

SEC. 2. That every officer in the actual command of a company in the army of the United States shall be entitled to receive ten dollars per month additional pay, as compensation for his duties and responsibilities, with respect to the clothing, arms, and accoutrements of the company, whilst he shall be in the actual command thereof: Provided, That no subaltern officer,” who shall be in the performance of any staff duty, for which he receives an extra compensation, shall be entitled to the addi tional ration herein provided for.

[By chap. 80, 3 March, 1827, vol. 4, p. 241, Secretary of War authorized to purchase a site for an arsenal in Augusta, Maine.]

CHAPTER 2.-Approved, January 25, 1828.-Vol. 4, p. 246.

An Act to prevent defalcations on the part of the disbursing agents of the government, and for other purposes.4

That no money hereafter appropriated shall be paid to any person, for his compensation, who is in arrears to the United

1 Reported by secretary of war, January, 1827, and 60,000 copies ordered to be printed and distributed by chap. 38, 2 March, 1829.

2 This act is not repealed by the 30 June, 1834, chap. 132. 3 How. 567.

3 Lieutenants holding the appointments of adjutant and regimental quartermaster receive the 4th ration, 3 March, 1847, sec. 10, chap. 61.

4 Not to apply to pensions: see act 20 May, 1836, chap. 77

States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, That nothing herein contained shall be construed to extend to balances arising solely from the depreciation of treasury notes received by such person, to be expended in the public service; but in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting officers, if demanded by the party, his agent or attorney, to report, forthwith, to the agent of the treasury department, the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent and his sureties.

[Approved, January 25, 1828.]

CHAPTER 53.-Approved, May 15, 1828.-Vol. 4, p. 269.

An Act for the relief of certain surviving officers and soldiers of the army of the revolution.2

1. Officers of the revolution in the continental line to receive pay according to rank not over captains. 2. Pension since March 3, 1826, first deducted. 3. Noncommissioned officer, &c., who enlisted in said line and served during the war. If not on pension list. 4. How paid. Not transferable, and liable to execution, &c.

That each of the surviving officers of the army of the revolution in the continental line, who was entitled to half pay by the resolve of October twenty-first, seventeen hundred and eighty, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in said line, according to his rank in the line, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That, under this act, no officer shall be entitled to receive a larger sum than the full pay of a captain in said line.

SEC. 2.3 That whenever any of said officers has received money of the United States, as a pensioner, since the third day

1 The provisions of this act extended to two years' service, &c., by the 7 June, 1832, chap. 126, and to widows, by the 2 Feb. 1848, chap. 8, sec. 1.

2 Words in italics repealed by sec. 2, chap. 14, 5 April, 1856.

3 This section not to embrace invalid pensioners, by 31 May, 1830, chap. 228, and the 14 July, 1832, chap. 237.

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