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 The act of 1819 (providing for proof of wounds, &c.) is repealed by the 14 July, 1832, chap. 234, vol. 4, p. 599.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

That the sixth, seventh, eighth, ninth, and tenth sections of the act, entitled “ An act regulating the staff of the army of the United States,'' passed April 14, 1818, and the eighth section of the act entitled “An act to reduce and fix the military peace establishment of the United States,"? passed March 2, 1821, are hereby continued in force for five years from the passing of this act, and thence to the end of the next session of Congress thereafter, and no longer.

Sec. 2. That, the better to enable the commissary-general of subsistence to carry into effect the provisions of the above-specified acts, there be appointed 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 quartermaster.

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

An Act to alter and amend the sixty-fifth article of the first section of an Act entitled “ An Act for establishing rules and articles for the government of the armies of the United States," passed the tenth of April, one thousand eight hundred and six.

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

SEC. 2. That the proceedings and sentence of the said court shall be sent directly to the secretary of war, to be by him laid before the President for his confirmation, or approval, or orders in the case.

Sec. 3. That so much of the sixty-fifth article of the first section of “An act for establishing rules and articles for the government of the armies of the United States," passed on the 10th of April, 1806, as is repugnant hereto, be, and the same is hereby, repealed.

1 Chap. 61.

? See chap. 13.

3 See chap. 49, 3 March, 1835, &c.

21

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 soldier 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. Lieutenante

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 ordnance, arms, ammunition, and other military stores, at the post, under the direction of the commanding officer of the same, and under such regulations as shall be prescribed by the secretary

1 See Articles of War, art. 20, 10 April, 1806; ibid. art. 65. 2 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, 1813, 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," passed the 20 of March, 1821, as provides for one supernumerary captain to each regiment of artillery, to perform ordnance 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 hereby, repealed :

Prorided, That nothing contained in this act shall be so constraed as to divest the President of the United 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.

[.1pprored, April 5, 1832.]

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

As Act supplementary to the "Apps for the relief of certain surviving officers and sol

diers of the rerolution."

1. Wbe served two years, to receive pay according to rank, not over captain's. Serv.

ing six months, to receive an annuity. 2. Pensioners to have benefits of this act ustil pension is relinquished. 3. Where paid. Foreign officers not entitled to, untul evidence of right to. Not transferable, &c. 4. Payments. On death, to widow 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

"In all, $22 per month.
3 Chap. 13.

* By 2 March, 1821. 8 July, 1634, for additions, and 1 July, 1838, and 3 March, 1847. # Ree 5 Juls. 1*39. 1. ludes $10 per month for care of clothing, &c.

'Sap 51, 15 May, 1878. *In prisonment is a prisoner of war to be computed : res. 9, 14 July, 1832.

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 bis 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 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 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,

i 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 & July, 1836, chap. 362, soc. 3, as to widows.

The pension of one dying after 4 March, 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 resolation 9, 14 July, 1832.

"Word: in italies repealed by sec. 2, chap. 14, 5 April, 1856.
% 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, seo. 6.

1833, cap de secretary of the

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