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tain, damage by the death or abandonment and loss of any sack horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, and any person who has lost or shall lose, or has had or shall have destroyed by unavoidstle accident, any horse, mule, ox, wagon, cart, boat, sieigh, " harness, while such property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, It shall appear that such loss, capture. abandonment, destruction, or death, was without any fauit negligence on the part of the owner of the property, and while it was actually employed in the service of the United States.

Sec. 3. That the claims provided for under this act shall be adjusted by the third auditor, under such rules as shall be pre scribed by the secretary of war, under the direction or with the assent of the President of the United States, as well in regard to the receipt of applications of claimants as the species ani degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as in the opinion of the President shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individuals' justice as to the interest of the United States; whi: rules and regulations shall be published for four weeks in sa: . newspapers, in which the laws of the United States are pana lished, as the secretary of war sball direct.

Sec. 4. That in all adjudications of said auditor upon the claims above mentioned, whether such judgments be in favor of or adverse to the claim, shall be entered in a book provided by him for that purpose, and under his direction; and w£<L such judgments shall be in favor of such claim, the claimant his legal representative shall be entitled to the amount there upon the production of a copy thereof, certified by said auditos, at the treasury of the United States.

Sec. 5. That in all instances where any minor has beea, ut shall be, engaged in the military service of the United States. and was, or shall be, provided with a horse or equipments, op with military accoutrement, by his parent or guardian, and has died, or shall die, without paying for said property, and te same has been, or shall be, lost, captured, destroyed, or alandoned in the manner before mentioned, said parent or guar

dian shall be allowed pay therefor, on making satisfactory proof, as in other cases, and the further proof that he is entitled thereto by having furnished the same.

Suc. 6. That in all instances where any person other than a minor has been, or shall be, engaged in the military service aforesaid, and has been, or shall be provided with a horse or equipments, or with military accoutrements, by any person, the owner thereof, who has risked, or shall take the rink of such horse, equipments, or military accoutrements on himself, and the same has been, or shall be, lost, captured, destroyed, or abandoned in the manner before mentioned, such owner shall be allowed pay therefor, on making watistaetory proof, as in other cases, and the further proof that he is entitled thereto, by having furnished the same, and having taken the rink on


Sec. 7. That in all cases where horses have been condemned by a board of officers, on account of their untitness for service, in consequence of the government failing to supply forage, all such horses and their equipage shall be allowed and paid for, whenever the facts shall be proven, by legal and satisfactory evidence, whether oral or written, that such condemned horne and the equipage was turned over to a quartermaster of the army, whether any receipt therefor was given and produced or not.

(.1ppropril, March 3, 1*19.)

By rolution 12, 2 March, 19. fol. 9. P 41, the Sepetary of War authned to furnish arns and ammunition to emigrants to California. Provimes.)

-.- --

RESOLUTION 14 - Approved, March 3, 1*19-Vol. 9, p 41*

J. Rembaton relate to er drare in applicant tume for --* by s ople erased moldura, under the art of July twenty first, opátern undone and w assal

That in all applications for pensions by the widows of de. ceased soldiers under the act of July twenty.first, eighteen hundred and forty-eight,' the returns on the rolls of the din.

1 Chapter 1on

ease of which the soldier died, and the official opinion of the surgeon-general founded thereon, that from the nature of the disease it was contracted while the soldier was in the line of his duty, shall be considered satisfactory evidence thereof, without the proof now required at the Pension Office; and that it shall be the duty of the Commissioner of Pensions, in all cases of application for pensions under said act, to apply to the proper officers for said evidence, without requiring the applicant to furnish the same.

[Approved, March 3, 1849.]

CHAPTER 20.-Approved, June 17, 1850.—Vol. 9, p. 438.

An Act to increase the rank and file of the army, and to encourage enlistments.

1. Each company of artillery to consist of a specified number. 2. Increase of pri

vates by voluntary enlistment, authorized. Proviso. That hereafter each companyof artillery designated and . serving as light artillery sball, during such service, consist of the commissioned officers as now provided by law, and of four sergeants, four corporals, two artificers, two musicians, and sixty. four privates.

Sec. 2. That the President of the United States be, and he is hereby, authorized, by voluntary enlistment, to increase the number of privates in each or any of the companies of the existing regiments of the army, at present serving, or which may hereafter serve, at the several military posts on the western frontier, and’ at remote and distant stations, to any number not exceeding seventy-four, and to cause such portions of the army as may, by law, be serving on foot, to be properly equipped and mounted whenever, in his opinion, the exigency of the public service may require the same: Provided, That the said enlistments shall be for the term of five years, unless sooner discharged.

I See 2 March, 1821, chap. 13, and 3 March, 1847, chap. 61.

2 This has been done in the companies serving in Texas, California, New Mexico, and Oregon, and some western forts. See notes to Army Register.

Sec. 3.1 That whenever enlistments are made at, or in the vicinity of, the said military posts, and remote and distant stations, a bounty equal in amount to the cost of transporting and subsisting a soldier from the principal recruiting depot in the harbor of New York, to the place of such enlistment, be, and the same is hereby, allowed to each recruit so enlisted, to be paid in unequal instalments at the end of each year's service, so that the several amounts shall annually increase, and the largest be paid at the expiration of each enlistment.

[Approved, June 17, 1850.]

CHAPTER 54.—Approved, September 16, 1850.—Vol. 9, p. 459.

An Act making appropriations for the support of the Military Academy for the year

ending the thirtieth of June, eighteen hundred and fifty-one.

Sec. 1. For forage of officers' horses, &c. Provided, That hereafter, in lieu of the pay proper, ordinary rations, forage, and servants heretofore received under the provisions of the act of April 12, [29] 1812, the professors of engineers, philosophy, mathematics, ethics, and chemistry shall be entitled to receive $2000 dollars, each, per annum; and the professors of drawing and French, $1500, each, per annum.

CHAPTER 70.- Approved, September 26, 1850.-Vol. 9, p. 469.

An Act to increase the commissariat of the United States army.

That there be added to the subsistence department four commissaries of subsistence, with the rank of captain, to be taken from the line of the army.

Sec. 2. That the senior aid-de-camp of the major-general commanding the army may be taken from the captains or majors of the army, and shall be allowed the pay and emoluments of a majort of cavalry.

1 This sec. repealed by sec. 9, chap. 42, 3 August, 1861.

2 Chap. 72; and sec chap. 22, 3 March, 1851, which is a substitute for this section. The compensation of all professors is now made $2240 per annum.

3 See 2 March, 1821, chap. 13, sec. 8, and note; for further increase, see sec. 2, chap. 42, 3 August, 1861.

4 See 12 April, 1808, chap. 43, sec. 4, and 21 Feb. 1857, sec. 1.

CHAPTER 78.-Approved, September 28, 1850.-Vol. 9, p. 504.

An Act making appropriations for the support of the army for the year ending the

thirtieth of June, one thousand eight hundred and fifty-one.

1. Pay of superintendent of military academy. 3. Moneys arising from sales of

subsistence, &c., not to be subject to act 3 March, 1849.

For pay of the army, &c. Provided, That the pay and emoluments of the superintendent of the United States Military Academy shall in no case be less than the pay and emoluments of the professor of natural and experimental philosophy.'

Sec. 2. For current expenses of the ordnance service: Provided, That the principal assistant in the ordnance bureau of the war department shall receive a compensation not less than that of the person employed at the foundries, under the fifth section of the act approved 23d of August, 1842, from and after the date thereof.

For extra pay to the commissioned officers and enlisted men of the army of the United States, serving in Oregon or California, $325,854, on the following basis, to wit: that there shall be allowed to each commissioned officer as aforesaid, whilst serving as aforesaid, a per diem, in addition to their regular pay and allowances, of $2 each, and to each enlisted man as aforesaid, whilst serving as aforesaid, a per diem, in addition to their present pay and allowances, equal to the pay proper of each as established by exist. ing laws, said extra pay of the enlisted men to be retained until honorably discharged. This additional pay to continue until the 1st of March, 1852, or until otherwise provided.?

Sec. 3. That the moneys which may be received by the proper officers of the army for the sales of subsistence, military stores, and other supplies, be, and they are hereby, exempted from the operation of the act of the third of March, eighteen hundred and forty-nine, entitled "An acts requiring all moneys received from the customs, and all other sources, to be paid into the treasury without abatement or reduction.”

Sec. 4. That the military storekeeper at Little Rock arsenal, Arkansas, be allowed, from the 1st day of October, 1842, to the 25th day of October, 1849, the same compensation as is authorized by the act of the 23d of August, 1842,4 to be paid to the storekeepers at the Washington, Pittsburg, and Watervliet arsenals.

Sec. 5. That it shall be the duty of the secretary of war to order the discharge of any soldier of the army of the United States, who at the time of his enlistment was under the age of twenty-one years, upon evidence being produced to him that such enlistment was without the consent of his parent or guardian.5 1 $2000 per annum.

2 See chap. 98, sec. 6, 1853. 3 Chap. 110, 3 March, 1849, vol. 9, p. 396. 4 Chap. 180; and for Watertown, see chap. 101, 3 March, 1849. • Repealed by sec. 2, chap. 25, 13 February, 1862, post.

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