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CHAPTER 189.—Approved, July 7, 1838.—Vol. 4, p. 303.
An Act granting half pay and pensions to certain widows. 1. Five years' pension granted to widows of officers and soldiers, &c. 2. No pledge,
sale, &c., valid. Not liable to debts. Oath by attorneys before delivery of warrant. 3. Regulations. 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 officers and soldiers of the Revolution," have died, leaving a widow, whose marriage took place after the expiration of the last period of his service, and before the first day of January, seventeen hundred and ninety-four, such widow shall be entitled to receive, for and during the term of five years from the fourth day of March, eighteen hundred and thirty-six, the annuity or pension which might have been allowed to her husband in virtue of said act, if living at the time it was passed: Provided, That, in the event of the marriage of such widow, said annuity or pension shall be discontinued.
Sec. 2. That no? pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest, in any annuity, half pay, or pension, granted by this act, shall be valid, nor shall the half pay, annuity, or pension, granted by this act, or any former act of Congress, be liable to attachment, levy, or seizure, by any process in law or equity, but shall inure wholly to the personal benefit of the pensioner or annuitant entitled to the same; and that, before a warrant shall be delivered to any person acting for or in behalf of any one entitled to money under this act, such person shall take and subscribe an oath or affirmation, to be administered by the proper accounting officer, and put on file, that he has no interest in said money, by any pledge, mortgage, transfer, agreement, understanding, or arrangement, and that he does not know or believe that the same has been so disposed of to any other person.
1 And also mariners and marines, by the 29 July, 1848, chap. 120, sec. 1. 2 Chap. 126.
3 This provision extended to the widows of those who have died since this act, by res. 3, March, 1851, No. 6, and on death after, by the 16 August, 1842, res. No. 8, and by the 2 Feb. 1848, chap. 8.
4 1800, by the 29 July, 1848, chap. 120, sec. 1.
5 Extended for four years by the 3 March, 1843, chap. 102; and widow pensioners under special acts of Congress to have the benefit of this act, by the 17 June, 1844, chap. 105, and now for life, by the 2 Feb. 1848, chap. 8, and by same act, to widows who are pensioners by special acts.
6 This restriction is abolished, and if a widow at the time of the application, it is enough, by the 23 August, 1842, chap. 191; but by the 2 Feb. 1848, chap. 8, the pension, on marriage of the widow, is to be discontinued.
7 Same provision in the 29 July, 1848, chap. 120, sec. 2.
Sec. 3. That the secretary of war shall adopt such regulations and forms of evidence, in relation to applications and payments under this act, as the President of the United States may prescribe.
[Approved, July 7, 1838.] August 23, 1842, chap. 191.
CHAPTER 194.-Approved, July 7, 1838.—Vol. 5, p. 308.
An Act supplementary to an Act entitled “ An Act to increasel the present military
establishment of the United States, and for other purposes," approved July fifth, eighteen hundred and thirty-eight.
1. Back rations not to be allowed for time past. 2. Number of chaplains limited to
twenty-to be approved by secretary of war. 4. The number of ordnance lieutenants limited to twelve. 5. Monthly pay of privates fixed at $7; $1 to bo retained till discharged. 6. Compensation to engineer officers, for disbursing money, withdrawn. 7. Commissaries not to be separated from the line. 9. Additional ration for five years' service allowed to paymaster-general and surgeon-general.
That the act to which this is a supplement shall be, and the same hereby is, explained, limited, and modified as follows:
First. Nothing contained’ in said act shall be so construed as to allow any officer additional rations for time past, commonly called back rations.
Second. The posts at which chaplains shall be allowed shall be limited to the number of twenty,' and shall be approved by the secretary at war, and shall be confined to places most destitute of instruction.
Third. That so much of said act as requires assistant quartermasters to be separated from the line, shall be, and the same is hereby, repealed.
1 Chap. 162, ante.
2 Sec. 15.
3 Sec. 18. Ten additional chaplains, 2 March, 1849, chap. 83, sec. 3; one to every regiment, by sec. 7, chap. 42, 3 August, 1861.
5 Sec. 9.
Fourth. That the number of lieutenants authorized by said act to be added and transferred to the ordnance department shall be limited to twelve.
Fifth. That the monthly pay of a private soldier, raised by said act to $8, shall be limited and fixed at $78 a month: $14 thereof shall be retained, as provided for in said act.
Sixth. That no compensation shall be allowed to officers of the engineer department for disbursement of public money while superintending public works.
Seventh. That the three commissaries of subsistence authorized by said act shall not be separated from the line of the army.
Eighth. That so much of said act as allows one hundred and sixty acres of land to soldiers who shall have served ten consecutive years be, and the same is hereby, repealed.
Ninth. That the said act® shall be so construed as to allow the paymaster-general and surgeon-general of the army the additional rations therein granted to officers of the line and staff for every five years' service.
[Approved, July 7, 1838.]
[By resolution 7, July 7, 1838, vol. 5, p. 311, the benefits of the 3d section of the act of 4 July, 1836, chapter 362, extended to widows whose husbands have died or shall die since the passage of that act.]
CHAPTER 82.-Approved, March 3, 1839.—Vol. 5, p. 339.
An Act making appropriations for the civil and diplomatic expenses of gorernment
for the year eighteen hundred and thirty-nine.
Sec. 3. That no officer in any branch of the public service, or any other person whose salaries or whose pay or emoluments is or are fixed by law and regulations, shall receive any extra allowance or compensation in any form whatever for the disbursement of public money, or the performance of any other
1 See, for temporary increase, 3 March, 1847, chap. 61, sec. 16. ? Sec. 16.
3 And $1 additional, by 4 August, 1854, chap. 247, sec. 1; and made $13 per month by gec. 1, chap. 63, 6 August, 1861.
4 $2 by sec. 10, chap. 38, 3 August, 1861; but all repealed by sec. 10, chap. 200, 17 July, 1862. 5 Sec. 16. 6 Sec. 11. 7 Sec. 29.
2 Sec. 15.
authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, annu. ally, out of the contingent fund under his control, to pay for newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office.'
[Approred, March 3, 1839.)
CHAPTER 85,- Approved, March 3, 1-39.– Vol. 5, p. 352.
As Ad to amend an Act entitled ** An Act regulating the pay and emolument of breret
officers," paused April 16, 1818.
That, from and after the passing of this act, the act entitled' * An act regulating the pay and emoluments of brevet officers," approved April sixteenth, eighteen hundred and eighteen, be, and the same shall be, so construed as to include the case of the adjutant-general of the l'nited States
CHAPTER 49.- Approved, March 3, 1 39.-Vol. 5, p. 355.
An Ad giving to the President of the leated States additual parere for the defence
of the Intestato, in certain cas*, against imranon, and for other pruren
That the President of the l'nited States be, and be hereby in, authorized
rest any attempt on the part of Great Britain to entie, hy arm, her cların to exrlusive juri irton step that part of the state of Maine which in in dispute between the l'nted Safes and Great Britain: and fis that pur. pant emly the naval and militars fires if the l'hited States, and such Dins f the militin as he may dormit able to call inte att
Sec. 2. That the militia when called into the service of the latest by virtue of this Bet o f the art entitled ** An art to provide for enim forth the militia tere ute the laws of the l'ou, sufpre in urtetinis,
iny*114, and to repeat the en win frier theme purpmers, '** may, if. in the pain of the President of the l'nited States, the publiek in. lerret require it, becerdigrelled to servr for a term but exceeding six months
us thereby repeale. 1 See act 30 April, 1824, chap. 46; and for additions to the department, see sec. 3, chap. 43, 3 Aug. 1861.
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 bereby 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, por 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 emoluments 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 The clause (sec. 9) in italics as to rank is repealed by the 7 July, 1838, chap. 194.
3 This gection (10) supplies the 12th, 13th, 14th, 15th, and 16th sections of the 29 Mar. 1812, chap. 46, ante.
* For additions to this department, see sec. 2, chap. 42, 3 Aug. 1861. * Not to be separated from the line of the army, by the 7 July, 1838, chap. 194.
$22 per month; $30 per month by chap. 55, 16 April, 1862.