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volunteers, shall have died while in the service of the United States, since the twentieth of April, eighteen hundred and eighteen, or who shall have died in consequence of a wound received whilst in the service, since the day aforesaid,' and shall have left a widow, or, if no widow, a child or children under sixteen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound, for and during the term of five years; and in case of the death or marriage of such widow before the expiration of said five years, the half pay for the remainder of the time shall go to the said decedent: Provided, That the half pay aforesaid shall be half the monthly pay of the officers, noncommissioned officers, musicians, and privates of the infantry of the regular army, and no more: Provided, also, That no greater sum shall be allowed to the widow or to the child or children of any officer than the half pay of a lieutenant-colonel.

SEC. 2. That if any officer, non-commissioned officer, musician, soldier, Indian spy, mariner, or marine, whose service during the revolutionary war was such as is specified in the act passed the seventh day of June, eighteen hundred and thirty-two,3 entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have accrued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner prescribed in the act hereby amended.

SEC. 3. That if any person who served in the war of the revolution, in the manner specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving

who died of wounds since 1 April, 1846, or in the war with Mexico, sec. 2 same act; or who have remained in the service until their death, or have died since their return home, 22 Feb. 1849, chap. 62. And see the 3 Feb. 1852, chap. 41, for further extensions and provisions; and see chap. 166, July, 1862.

1 And since the passage of this act, by res. No. 7, 7 July, 1838.

2 Five years more, by the 3 Feb. 1853, sec. 1, chap. 41; and see general act of 1859. 3 Chap. 126. 4 Chap. 126.

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 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."

1. The act of 1836, chap. 362, not to be withheld from widows having married, &c. 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 Nov. 1793, by the 3 March, 1837, chap. 42.

2 Pension not to be withheld on account of chap. 42, and the 23 August, 1842, chap. 191. 3 Interior.

subsequent marriage; 3 March, 1837,

4 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 while 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 pay27. 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.

masters.

That there shall be added to each of the four regiments1

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 existing1 laws, with the exceptions hereafter mentioned; that there be added to every company of artillery sixteen 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 service2 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 acts 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

1 Organized by the 16 March, 1802, chap. 9, sec. 26, and increased, &c., 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 majors added; and by chap. 42, sec. 3, Aug. 1862, three first and three second lieutenants, and three companies of soldiers.

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

5 Chap. 72, sec. 1.

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

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.

2 Chap. 46.

4 Chap. 46.

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

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.

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