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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 act of the 16th March, 1×02, and so much of the fifth section of the act3 of the 12th of April, 108, as fix the height of enlisted men at five feet six inches, be, and the same are hereby, repealed.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 surgens, and that the officers whose appointment is authorized in this secton shall receive the pay and allowances of officers of the same grades respectively.

[Approved, July 5, 1×3×]

See April 29, 1×12, chap. 72, engineers; March 2×, 1×12, chap. 46, quartermaster's department: April 14, 1×18, chap. 61, staff. April 16, 1×1×, chap. 64, brevet; April 5, 1832, chap. 67, ordnance; July 7, 1×58, chap. 194.

1 This grant of land repealed, by the 7 July, 188, chap. 194, par. 8. Two months extra pay for re-enlistment, 2 March, 1a›à, chap 6a, sec. 3, são repeated. Chap. 9.

* Chap 43 He ght now fixed by regulation, at 5 feet 3 in her.

• Those offices ab lished, by the 23 August, 1×42, chap 1×6, see 2, and ordnance Les put in their stead.

* See, for further ad litiɔns, see. 6, chap 8, 11 Feb 1947, and for adftans and preseut organizati n. see chap. 42, 3 August, 1961, and nɔte, and see further, chap 25, 16 April, 1962, and chap 12%, 2 July, 1×62

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.

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 increased 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 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.

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Ten adfit. nal charlains, 2 Mar b, 1×49, chap. 43, sec 5, one to every regiment, by sec 7, chap 42, 3 August, 1×81.

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.

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.

41-00, 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 wide ws who are pensioners by special acts.

This restriction is ablished, 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 f 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 jijth, 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 lientenants 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. Ad ditional ration for five years' service allowed to paymaster general and sur geon 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,

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Ten aditi nal charlains, 2 March, 1×49, chap. 43, se 3, one to every regiment, by sec 7, chap. 42, 3 August, 1×#1. • Nec 9.

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