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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 mar 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 sup pression 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 he 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 evite stituted in the same manner as is provided in the first section of this Fï.! 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 an-i 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 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 firea" your ending the thirtieth of June, eighteen hundred and fifty-eight,

SEC. 4. That, whenever hereafter contracts shall be made ly 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, ap

1 see chap. 32, sec. 2, 1 May, 1820, ante,

--hup. 200, 17 July, 1862, and Resolution 53, 12 July, 1862, for contracts. * Chap. 19.

proved March twenty-two, eighteen hundred and fifty, to make land warrants assignable, and for other purposes, shall be so extended as to embrace land warrants issued under the act of the third of March, eighteen hundred and fifty-five. [Approved, June 3, 1858.]

CHAPTER 85.-Approved, June 3, 1858.-Vol. 11, p. 309.

An Act to extend an Act entitled "An Act1 to continue half pay to certain widows and orphans," approved February three, eighteen hundred and fifty-three.

That all those surviving widows and minor children who have been, or may be, granted and allowed five years' half pay under the provisions of any law or laws of the United States, be, and they are hereby, granted a continuance of such half pay, under the following terms and limitations: viz., to such widows during life, and to such child or children, where there is no widow, whilst under the age of sixteen years, to commence from the expiration of the half pay provided for by the first section of the act entitled "An act to continue half pay to certain widows and orphans," approved February three, eighteen hundred and fifty-three: Provided, however, That in case of the marriage or death of any such widow, the half pay shall go to the child or children of the deceased officer or soldier whilst under the age of sixteen years; and, in like manner, the child or children of such deceased officer or soldier, when there is no widow, shall be paid no longer than while there are children or a child under the age aforesaid: And provided, further, That the half pay of such widows and orphans shall be half the monthly pay of the officers, non-commissioned officers, musicians, and privates of the infantry of the regular army of the United States, and no more, and that no greater sum shall be allowed to any such widow or minor children than the half pay of a lieutenant-colonel: And provided, also, That this act shall not be construed to apply to or embrace the case of any person or persons now receiving a pension for life: And further, That wherever half pay shall have been granted by any special act of Congress, and is renewed or continued under the provisions of this act, the same shall commence from the date hereof.

1 Chap. 41.

SEC. 2. That the provisions renewed and continued by this act shall be payable out of any money in the treasury not otherwise appropriated.

[Approved, June 3, 1858.]

CHAPTER 156.-Approved, June 12, 1858.-Vol. 11, p. 332. An Act making appropriations for the support of the army for the year ending thirtieth June, eighteen hundred and fifty-nine.

That the superintendent of the Military Academy, while serving as such by appointment of the President, shall have the local rank, the pay and allowances of a colonel of engineers; that the commandant of the corps of cadets at the Military Academy, while serving as such by appointment of the President, shall have the local rank, the pay and allowances of a lieutenant-colonel of engineers, and, besides his other duties, shall be charged with the duty of instructor in the tactics of the three arms at said academy; and the senior assistant instructor in each of the arms of service, viz., of artillery, cavalry, and infantry, shall severally receive the pay and allowances of the assistant professor of mathematics.

SEC. 3. That it shall be lawful for any commissioned officer of the army to administer the prescribed oath of enlistment to recruits: Provided, The services of a civil magistrate authorized to administer the same cannot be obtained.

SEC. 5. That the eleventh section of the act of 3 March, 1847, entitled "An act making provision for an additional number of general officers, and for other purposes," which deprives sutlers in the army of their right to appear at the pay-table to receive the soldiers' pay from the paymaster, be, and the same is hereby, repealed.®

SEC. 6. That all the existing laws, or parts of laws, which authorize the sale of military sites which are or may become useless for military purposes, be, and the same are hereby, repealed; and said lands shall not be subject to sale or pre-emp

2 $211 per month.

3 $137.50 per month.

1 $235 per month. See rules of war, art. 10; and sec. 11 of chap. 42, 3 Aug. 1861, allows any commissioned officer of the army to administer the oath.

* Chap. 61.

This section repealed, and section by it repealed reinstated, by sec. 3, chap. 4, 24 Dec. 1861; and see chap. 47, 19 March, 1862.

This repeals sec. 4, chap. 106. 3 March, 1857, which revived chap. 88, 3 March,

tion under any of the laws of the United States: Provided, further, That the provisions of the act of August eighteen, eighteen hundred and fifty-six, relative to certain reservations in the State of Florida, shall continue in force.

[Approved, June 12, 1858.]

CHAPTER 83.-Approved, March 3, 1859.-Vol. 11, p.

431.

An Act making appropriations for the support of the army for the year ending thirtieth June, eighteen hundred and sixty.

4. Commissioners of the military asylum; two a quorum. Duties. 5. Invalid soldiers of war of 1812, &c., to have benefits of this asylum. 6. Pensioners to surrender pensions to asylum while inmates. 7. Monthly deduction reduced to twelve and a half cents; inmates made subject to rules and articles of war.

[SEC. 1. Provides that no permanent barracks or quarters shall hereafter be constructed, unless detailed estimates shall have been previously submitted to Congress, and shall have been approved by a special appropriation for the same. And that mileage (to officers) shall not be allowed when the officer has been transferred or relieved at his own request.]

SEC. 4. That the second section of the act of third March, eighteen hundred and fifty-one, entitled "An act to found a military asylum for the relief and support of invalid and disabled soldiers of the army of the United States," be so amended as to reduce the number of commissioners authorized by that section to three, and to consist of the commissary-general of subsistence, the surgeon-general, and the adjutant-general, (any two of whom shall be a quorum for the transaction of business,) whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the military asylum once in every month.

SEC. 5. That the benefits of said act be, and they are hereby, extended so as to include the invalid and disabled soldiers, whether regulars or volunteers, of the war of eighteen hundred and twelve, and of all subsequent wars; and that so much of the act of third March, eighteen hundred and fifty-one, as is inconsistent herewith, be, and the same is hereby, repealed. SEC. 6. That all pensioners on account of wounds or disability 2 Chap. 25.

1 Chap. 25.

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