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[SEC. 8. Act of 1854, chap. 247, sec. 1, construed to include all enlisted men.]

[SEC. 10. Western Military Asylum to be abolished, and site, &c. to be sold, and proceeds restored to the fund.']

SEC. 16. That the joint resolution, approved February fifteen, eighteen hundred and fifty-five," "authorizing the President of the United States to confer the title of lieutenant-general by brevet," shall be so construed from and after March twentyninth, eighteen hundred and forty-seven, in favor of the brevet lieutenant-general appointed under said act, while exercising command according to that rank, as to entitle him to the pay, allowances, and staff specified in the fifth section of the act approved May twenty-eight, seventeen hundred and ninety-eight, "authorizing the President to raise a provisional army," and also the allowances described in the sixth section of the act approved August twenty-third, eighteen hundred and forty-two, "granting additional rations to certain officers:" Provided, however, and it is hereby declared, That the brevet lieutenant-general shall not, except in time of war, be entitled to more than two aids and one secretary; nor shall this act, nor the above-mentioned resolution of the fifteenth of February, eighteen hundred and fifty-five, have any retrospective effect in regard to those who were the aids or staff of General Scott, antecedently to his appointment to the rank of brevet lieutenant-general. [Approved, March 3, 1857.]

CHAPTER 114.-Approved, March 3, 1857.-Vol. 11, p. 249. An Act to amend an Act entitled "An Act to provide for the better organization of the treasury, and for the collection, safe-keeping, transfer, and disbursement of the public revenue."

That the act to provide for the better organization of the treasury and for the collection, safe-keeping, transfer, and disbursement of the public revenue, approved August sixth. eighteen hundred and forty-six, be, and the same is hereby, so amended that each and every disbursing officer or agent of the United States, having any money of the United States intrusted

1 Commissioners of the asylum authorized to sell it by chap. 132, 15 June, 1860; the 3d sec. of that act also repeals this section.

2 Resolution No. 9.

3 Chap. 47.

4 Chap. 186.

5 No. 9.

6 Chap. 90.

to him for disbursement, shall be, and he is hereby, required to deposit the same with the treasurer of the United States, or with some one of the assistant treasurers or public depositories, and draw for the same only in favor of the persons to whom payment is to be made in pursuance of law and instructions, except when payments are to be made in sums under twenty dollars, in which cases such disbursing agent may check in his own name, stating that it is to pay small sums.

[SEC. 2. Treasurer, assistant treasurer, and public depositories safely to keep moneys, &c.; failure to do so shall be treated as embezzlement.]

SEC. 3. That it shall be the duty of each and every person who shall have moneys of the United States in his hands or possession, to pay the same to the treasurer, the assistant treasurer, or public depository of the United States, and take his receipt for the same in duplicate and forward one of them forthwith to the secretary of the treasury; and for a failure to make such deposit, when required by the secretary of the treasury or any other department, or the accounting officers of the treasury, the person so failing shall be held guilty of the erime of embezzlement and subject to the punishment for that offence provided in the act to which this is an amendment. [Approved, March 3, 1857.]

CHAPTER 115.-Approved, March 3, 1857.-Vol. 11, p. 249.

An Act to extend the provisions of the Act entitled “An Act in addition to certain Acts granting bounty land to certain officers and soldiers who have been engaged in the military services of the United States," to the officers and soldiers of Major David Bailey's battalion of Cook County (Illinois) Volunteers.

That all those officers and soldiers of Major David Bailey's battalion of Cook County (Illinois) volunteers stationed at Fort Dearborn, in the Black Hawk war of eighteen hundred and thirty-two, who have never received warrants for bounty land for services in said war, shall be entitled to receive a certificate or warrant from the department of the interior for one hundred and sixty acres of land, upon making proof, either by record evidence or such parol evidence as the commissioner of pensions

may require, of having served in said war for the term of at least fourteen days; the provisions of this act to extend to the widows and minor children of said officers and soldiers who have died or may die before receiving such warrant or certifi

cate.

[Approved, March 3, 1857.] .

[By chapter 119, March 3, 1857, vol. 11, p. 252, the pay of the cadets at the Military Academy at West Point to be thirty1 dollars per month.]

CHAPTER 13.2-Approved, April 7, 1858.-Vol. 11, p. 262.

An Act to provide for the organization of a regiment of mounted volunteers for the defence of the frontier of Texas, and to authorize the President to call into the service of the United States two additional regiments of volunteers.

That the President of the United States be authorized to receive into the service of the United States one regiment of Texas mounted volunteers, to be raised and organized by the State of Texas, for the defence and protection of the frontier thereof, to continue in service from the time that the whole regiment shall be mustered into service, for the term of eighteen months, unless sooner discharged by the President. Said regiment shall be composed of one colonel, one lieutenant-colonel, one major, one adjutant with the rank of first lieutenant, one quartermaster and commissary with similar rank, one surgeon and two assistant surgeons, one sergeant-major, one quartermaster and commissary sergeant, and ten companies-each of which shall be composed of one captain, one first lieutenant, one second lieutenant, four sergeants, four corporals, two buglers, one farrier, and seventy-four privates. Each of said officers below the rank of major-noncommissioned officers, musicians, farrier, and privates-shall furnish and keep himself supplied with a good serviceable horse and horse-equipments, for the use and risk of which, in addition to the pay and allowances herein provided, he shall receive 40 cents a day while in service with his horse; and if any non-commissioned officer, musician, farrier, or private shall, from carelessness or neglect, injure or render his horse unfit for service, and shall fail to supply a serviceable horse within the period of ten days from the loss, such soldier shall, from such time, until he shall furnish himself with a horse, be entitled only to the pay of a private of infantry.

1 By chap. 9, sec. 26, 16 March, 1812, it was $16; by chap. 47, sec. 2, 3 March, 1845, it was $20.

2 This act contained no appropriation, and the troops authorized by it were not called into service.

SEC. 2. That the officers, non-commissioned officers, musicians, farriers, and privates of said regiment shall, when mustered into the service of the United States, be subject to the rules and articles of war. They shall be armed at the expense of the United States, as the President shall direct. They shall be allowed the same pay, rations, and allowances in kind, including clothing, and be subject to the same rules and regulations as are provided for the regiments of cavalry now in the service, but no field officer shall receive forage for a greater number of horses than he may from time to time actually have in service. No pay or allowances shall be due until said regiment shall be received into the service, but each officer and man shall then be entitled to one day's pay and allowance for every twenty miles he may have been required to travel from his residence to the place of muster.

SEC. 3. That, for the purpose of quelling disturbances in the Territory of Utah, for the protection of supply and emigrant trains, and the suppression of Indian hostilities on the frontiers, the President of the United States be, and he is hereby, authorized to call for and accept the services of any number of volunteers, not to exceed in all two regiments, of seven hundred and forty privates each; the same, or any portion thereof, to be organized into mounted regiments or infantry, as the President may deem proper, to serve for the term of eighteen months from the time of their being received into service, unless sooner discharged by the President. Said volunteers, if called for and received as mounted men, shall be constituted in the same manner as is provided in the first section of this bill for the Texas regiment of mounted volunteers, and shall receive the same pay and allowances, shall be subject to the same rules and regulations, as are provided in this bill for said corps; and if called for, and if received as infantry, they shall be placed on the same footing in every respect with the infantry regiments now in the service, shall receive the same pay and allowances, and be governed by the same rules and regulations; and the said regiments, whether organized as mounted men or infantry, shall be subject to the rules and articles of war.

SEC. 4. That the volunteers provided for by this act shall not be accepted in bodies of less than one regiment, whose officers shall be appointed in the manner prescribed by law in the several states or territories to which said regiments shall respectively belong, except the quartermasters and commissaries, who shall be detailed from their respective departments of the regular army of the United States.

SEC. 5. That the pay of said volunteers shall not be due until received into the service, but each officer and man shall then be entitled to one day's pay for every twenty miles he may have been required to travel from his residence to the place of muster.

[Approved, April 7, 1858.]

CHAPTER 25.-Approved, May 4, 1858.-Vol. 11, p. 269.

An Act to supply deficiencies in the appropriations for the service of the fiscal year ending the thirtieth of June, eighteen hundred and fifty-eight.

SEC. 4. That, whenever hereafter contracts shall be made by the secretary of war or the secretary of the navy by virtue of the sixth section of the act approved the first of May, eighteen

hundred and twenty, entitled "An act1 in addition to the several acts for the establishment and regulation of the Treasury, War, and Navy Departments," he shall, if Congress be in session at the time, promptly report to both houses thereof the reasons for making such contract, stating fully all the facts and circumstances which, in his judgment, rendered such contract necessary; if Congress be not in session at the time of making such contract, he shall, at the commencement of their next session, make such report to both houses; and no such contracts shall be made hereafter, except in cases of pressing exigency. [Approved, May 4, 1858.]

[By section 2, chapter 82, approved June 2, 1858, vol. 11, p. 308, it was enacted: That hereafter the estimates for the various executive departments shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required to be used for each particular item of expenditure.]

CHAPTER 84.-Approved, June 3, 1858.-Vol. 11, p. 308.

An Act declaring the title to land warrants in certain cases.

That when proof has been, or shall hereafter be, filed in the Pension Office, during the lifetime of a claimant, establishing, to the satisfaction of that office, his or her right to a warrant for military services, and such warrant has not been, or may not hereafter be, issued until after the death of the claimant, the title to such warrants shall vest in the widow, if there be one, and if there be no widow, then in the heirs or legatees, of the claimant; and all such warrants, and all other warrants, issued pursuant to existing laws, shall be treated as personal chattels, and may be conveyed by assignment of such widow, heirs, or legatees, or by the legal representatives of the deceased claimant, for the use of such heirs or legatees only.

SEC. 2. That the provisions of the first section of the act,3 ap

1 See chap. 52, sec. 2, 1 May, 1820, ante.

2 See chap. 200, 17 July, 1862, and Resolution 53, 12 July, 1862, for contracts. 3 Chap. 19.

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