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officers and soldiers of the revolution,” have died, leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed.
Sec. 4. That any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any money or half pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one entitled to money. under this act shall take and subscribe an oath, to be administered by the proper accounting officer and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever.
Sec. 5. That the secretary of war shall adopt such forms of evidence, in applications under this act, as the President of the United States shall prescribe.
[Approved, July 4, 1836.]
CHAPTER 42.-Approved, March 3, 1837.-Vol. 5, p. 187.
An Act explanatory of the Act entitled “ An Act granting half pay to widous and
orphans where their husbands and fathers have died of wounds receired in the mili
tary service of the United States, and for other purposes." 1. The act of 1836, chap. 362, not to be withheld from widows having married, &o.
If a widow at that time. 2. Widows of those in service to 3 Nov. 1783, and before, entitled.
That the benefits of the third section of the act entitled "An act“ granting half pay to widows and orphans where their husbands and fathers have died of wounds received in the military service of the United States, and for other purposes," approved the fourth day of July, eighteen hundred and thirtysix, shall not be withheld from any widow in consequence of
1 Or since, by the 7 July, 1838. res. No. 7. And of those in service till 3 Nov. 1793, by the 3 March, 1837, chap. 42.
Pension not to be withheld on account of subsequent marriage; 3 Marob, 1837, obap. 42, and the 23 August, 1842, chap. 191. 3 Interior.
| 1 Chap 362.
her having married after the decease of the husband for whose services she may claim to be allowed a pension or annuity under said act: Provided, That she was a widow at the time it was passed.
SEC. 2. That the widow of any person who continued in the service of the United States until the third day of November, seventeen hundred and eighty-three, and was married before that day, and wbile her husband was in such service, shall be entitled to the benefits of the third section of the aforesaid act.
[Approved, March 3, 1837.]
CHAPTER 162.-Approved, July 5, 1838.– Vol. 5, p. 256.
An Act to increase the present military establishment of the United States, and for
other purposes. 1. One company to each regiment of artillery, &c. Companies of. A regiment of
infantry. 2. The President to increase corps of engineers. Pay of. 3. The 29 of April, 1812, in part repealed. Paymaster to pay department, &c. 4. Increase of topographical engineers. 5. Vacancies, how filled. Pay and emoluments. 6. Employment of civil engineers, repealed. 7. As many assistant adjutantgenerals as necessary, to act as inspectors. 8. Pay of officers taken from the line to staff. Rank and promotion. 9. Increase of quartermaster's department. Rank. Pay and emoluments. To relinquish rank, &c. 10. Quartermastergeneral to employ forage and wagon masters. 12. Pay of stewards of hospitals. 13. Increase of the ordnance department. Pay and emoluments of. 14. Construction of 4th sec., act 5 April, 1832. Extra pay. If commanding a company. 15. Additional ration for every five years' service. 16. Duration of enlistments. Pay of non-commissioned officers and soldiers. Pay retained. 17. Sugar and coffee in lieu of spirits. 18. Of persons to act as chaplains. Pay, &c. 19. Professor of chemistry, &c. Assistant to. 20. Citizens, paymaster's clerks. 22. Regiments of riflemen and light infantry. 23. Acts inconsistent repealed. 24. Pay of the pay and medical departments. 25. Additional paymasters when militia in service. Their duties, &c. One for two regiments; retained only while paying. 26. Pay of ordnance storekeepers acting as paymasters. 27. Engineers, when to disburse. Compensation for. Proviso: the whole amount of emoluments shall not exceed 1 per cent. on the sum disbursed. 28. Time of cadets extended. 29. Re-enlistment, extra pay for, in lieu of bounty. And 160 acres for ten years' service. 30. The 16 March, 1802, and 12 April, 1808, fixing the height of men, repealed. 31. No separation from regiments for civil works, &c. 33. Seven surgeons more. Pay, &c.
That there shall be added to each of the four regiments:
1 But see the 23 Aug. 1842, chap. 186, sec. 1, fixing the number of non-commissioned officers and men of artillery and infantry companies; and chap. 24, 29 July, 1861, adding new regiments to the army, with their new organization.
of artillery, one company, to be organized in the same manner as authorized by existing laws, with the exceptions hereafter mentioned; that there be added to every company of artillery sirteen privates, and to every company of infantry one sergeant and thirty-eight privates, and that the number of second lieutenants of a company of artillery be reduced to one, and that this reduction be so made in connection with the appointment of officers to the four additional companies authorized as aforesaid, and the transfer to the ordnance department hereafter directed, that all the present second lieutenants shall be retained in service; and there shall be raised and organized, under the direction of the President of the United States, one regiment of infantry, to be composed of the same number and rank of officers, non-commissioned officers, musicians, and privates, composing the regiments of infantry now in the service of the United States, who shall receive the same pay and allowances and be subject to the same rules and regulations which now apply to other regiments of infantry, as provided for in this act.
Sec. 2. That the President of the United States be, and he is hereby, authorized to add to the corps' of engineers, whenever he may deem it expedient to increase the same, one lieutenantcolonel, two majors, six captains, six first and six second lieutenants; and that the pay and emoluments of the said corps shall be the same as those allowed to the officers of the regiment of dragoons.
Sec. 3. That so much of the actó passed the twenty-ninth day of April, one thousand eight hundred and twelve, entitled - An act making further provision for the corps of engineers," as provides that one paymaster shall be taken from the subalterns of the corps of engineers, be, and the same is hereby, repealed; and that the paymaster so authorized and provided be attached to the pay department, and be in every respect placed on the footing of other paymasters of the army.
Sec. 4. That the corps of topographical engineers shall be organized and increased by regular promotions in the same, so that the said corps shall consist of one colonel, one lieutenantcolonel, four majors, ten captains, ten first lieutenants, and ten second lieutenants."
1 Organized by the 16 March, 1802, chap. 9, sec. 26, and increased, do., by the 29 April, 1812, chap. 72.
2 Organized by the 2 March, 1821, chap. 13, sec. 2.
3 Ibid., and by chap. 57, 6 Aug. 1861, two lieutenant-colonels and four majina added; and by chap. 42, sec. 3, Aug. 1862, three first and three second lieutenants and three companies of soldiers. * By the 12 April, 1808, chap. 43, sec. 4,
$ Chap. 72, sec. I.
Sec. 5. That vacancies created by said organization, over and above those which can be filled by the present corps, shall be taken from the army, and from such as it may be deemed advisable of the civil engineers employed under the act of the thirtieth of April, eighteen hundred and twenty-four;' that the pay and emoluments to the officers of said corps shall be the same as are allowed to officers of similar rank in the regiments of dragoons.
Sec. 6. That the authority to employ civil engineers, in the act of the 30th of April, 1824, be and the same is hereby repealed after the passage of this act.
Sec. 7. That the President of the United States shall be, and he is hereby, authorized to appoint so many assistant adjutantsgeneral, not exceeding two, with the brevet rank, pay, and emoluments of a major, and not exceeding four, with the brevet rank, pay, and emoluments of a captain of cavalry, as he may deem necessary; and that they shall be taken from the line of the army, and in addition to their own, perform the duties of assistant inspectors-general when the circumstances of the service may require.
SEC. 8. That the officers to be taken from the line and transferred to the staff, under the last preceding section, shall receive only the pay and emoluments attached to their rank in the staff; but their transfer shall be without prejudice to their rank and promotion in the line, according to their said rank and seniority; which promotion shall take place according to usage, in the same manner as if they had not been thus transferred.
Sec. 9. That the President of the United States be, and he is hereby, authorized, by and with the advice and consent of the
1 Increased by two lieutenant-colonels and four majors by chap. 57, 6 Aug. 1861, which also adds a company of soldiers, and by chap. 42, three first and three second lieutenants. 3 Chap. 46.
3 By the 12 April, 1808, chap. 43, sec. 4. 4 Chap. 46.
5 Four more authorized by the 18 June, 1846, chap. 29, sec. 6, and three more by the 3 March, 1847, chap. 61, sec. 2; and see sec. 2, chap. 42, 3 Aug. 1861, for present organization of that department.
& See note 4, and see sec. 22, chap. 165, 17 July, 1862.
senate, to add to the quartermaster's department not exceeding two assistant quartermasters-general, with the rank of colonel, two deputy quartermasters-general, with the rank of lieutenantcolonel, and eight assistant quartermasters, with the rank of captain; that the assistant quartermasters now in service shall have the same rank as is provided by this act for those hereby authorized; and that the pay and emoluments of the officers of the quartermaster's department shall be the same as are allowed to officers of similar rank in the regiment of dragoons: Provided, That all appointments in the quartermaster's departments shall be made from the army, and when officers taken for such appointments hold rank in the line, they shall thereupon relinquisha said rank, and be separated from the line of the army; and that promotion in said department shall take place as in regiments and corps.
Sec. 10. That the quartermaster-general be, and he is hereby, authorized, from time to time, to employ as many forage-masters and wagon-masters as he may deem necessary for the service, not exceeding twenty in the whole, who shall be entitled to receive each forty dollars per month, and three rations per day, and forage for one horse; and neither of whom shall be interested or concerned, directly or indirectly, in any wagon or other means of transport employed by United States, nor in the purchase or sale of any property procured for or belonging to the United States, except as an agent for the United States.
Sec. 11. That there be added to the commissariat of subsistence one assistant commissary-general of subsistence, with the rank, pay, and emolaments of a lieutenant-colonel of cavalry; one commissary of subsistence, with the rank, pay, and emoluments of a quartermaster of the army; and three commissaries of subsistence, with the rank, pay, and emoluments of assistant quartermasters.
Sec. 12. That the stewards of hospitals at posts of more than four companies be hereafter allowed the pay, clothing, and rations of a sergeant of ordnance, and, at all other posts, the
1 See act 30 April, 1824, chap. 46; and for additions to the department, see sed. 3, chap. 43, 3 Aug. 1861.
2 The clause (sec. 9) in italics as to rank is repealed by the 7 July, 1838, chap. 194.
3 This section (10) supplies the 12th, 13th, 14th, 15th, and 16th sections of the 28 Mar. 1812, chap. 46, ante.
* For additions to this department, see sec. 2, chap. 42, 3 Aug. 1861. 5 Not to be separated from the line of the army, by the 7 July, 1838, chap. 194. 6 $22 per month; $30 per month by chap. 55, 16 April, 1862.