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pany, battalion, or regiment, a certificate' that he had faithfully performed his duty whilst in service, shall be allowed one hundred and sixty acres of land, to be designated, surveyed, and laid off at the public expense, in such manner and upon such conditions as may be provided by law, which land shall be patented to the soldier or his heirs, and be not assignable until patented.]

SEC. 30. That so much of the eleventh section of the act2 of the 16th March, 1802, and so much of the fifth section of the acts of the 12th of April, 1808, as fix the height of enlisted men at five feet six inches, be, and the same are hereby, repealed.

SEC. 31. That the officers of the army shall not be separated from their regiments and corps for employment on civil works of internal improvement, or be allowed to engage in the service of incorporated companies; and no officer of the line of the army shall hereafter be employed as acting paymaster, or disbursing agent for the Indian department, if such extra employment require that he be separated from his regiment or company, or otherwise interfere with the performance of the military duties proper.

SEC. 32. That the superintendents of the armories at Springfield and Harper's Ferry shall hereafter receive each the sum of $1500, and rations, fuel, and quarters as at present authorized; and that the master-armorers of the same shall each receive the sum of $1200, and fuel and quarters as at present authorized; and that the aforesaid sums and allowances to the officers aforesaid shall be in full compensation for their services respectively.

SEC. 33. That the President be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint seven additional surgeons; and that the officers whose appointment is authorized in this section shall receive the pay and allowances of officers of the same grades respectively.

[Approved, July 5, 1838.]

See April 29, 1812, chap. 72, engineers; March 28, 1812, chap. 46, quartermaster's department; April 14, 1818, chap. 61, staff; April 16, 1818, chap. 64, brevet; April 5, 1832, chap. 67, ordnance; July 7, 1838, chap. 194.

1 This grant of land repealed, by the 7 July, 1838, chap. 194, par. 8. Two months' extra pay for re-enlistment, 2 March, 1833, chap. 68, sec. 3, al30 repeated. 2 Chap. 9.

3 Chap. 43. Height now fixed by regulation, at 5 feet 3 inches.

4 These offices abolished, by the 23 August, 1842, chap. 186, sec. 2, and ordnance offices put in their stead.

5 See, for further additions, sec. 6, chap. 8, 11 Feb. 1847, and for additions and present organization, see chap. 42, 3 August, 1861, and note; and see further, chap. 55, 16 April, 1862, and chap. 128, 2 July, 1862.

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,

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.

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.

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 increase 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 be 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 allowed3 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 act2 to $8, shall be limited and fixed at $73 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 acts 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 government 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 dis

1 See, for temporary increase, 3 March, 1847, chap. 61, sec. 16.

2 Sec. 16.

3 And $4 additional, by 4 August, 1854, chap. 247, sec. 1; and made $13 per month by sec. 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.

bursement of public money, or the performance of any other service, unless the said extra allowance or compensation be authorized by law; nor shall any executive officer, other than the heads of departments, apply more than thirty dollars, annually, 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.'

[Approved, March 3, 1839.]

CHAPTER 85.-Approved, March 3, 1839.-Vol. 5, p. 352.

An Act to amend an Act entitled “An Act regulating the pay and emoluments of brevet officers," passed 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 United States

CHAPTER 9.-Approved, March 3, 1839.-Vol. 5, p. 355.

An Act giving to the President of the United States additional powers for the defence of the United States, in certain cases, against inramon, and for other purposes."

That the President of the United States be, and he hereby is, authorized to resist any attempt on the part of Great Britain to enforce, by arms, her elaim to exclusive jurisdiction over that part of the state of Maine which is in dispute between the United States and Great Britain; and for that purpose to emply the naval and military forces of the United States, and such portions of the militia as he may deem it advisable to call into service,

Sr. 2. That the militia when called into the service of the United States by virtue of this set or of the act entitled forth the militia to execute the laws of the Union, suppress insurrecti ins An act to provide for ca ling repel invasions, and to repeal the net now in free for these purposes," may if, in the opani on of the President of the United States, the pubie interest require it, be compelied to serve for a term not exceeding six months

1. This proviso destroys all cums of officers for extra compensation, is general in its terms, and leaves no discretion to any officer or tribunal to allow extra pay – Col. leet to have n› råttor mpensation for pay ng draft- drawn by the treasury le partment 10 H ward, 16, 141, and see 23 August, 1×42, chap 185, see, for same, per 2, chat 1×1, 23 August, 1×42, post.

3 Chap 74

• Ext red by operation of 9th section, but it is d ahtful if sex is thereby repealed * Chap 26, 28 February, 1795

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