of the cost of transportation, in such quantities as they may require, not exceeding sixteen ounces per month.

Sec. 1152. Regulations of supplies.-The Chief of Engineers is authorized, with the approval of the Secretary of War, to regulate and determine the number, quality, form, and dimensions of the necessary vehicles, pontoons, tools, implements, arms, and other supplies for the use of the battalion of engineer soldiers.

Sec. 1164. Supplies.-It shall be the duty of the Chief of Ordnance to furnish estimates, and, under the direction of the Secretary of War, to make contracts and purchases, for procuring the necessary supplies of ordnance and ordnance stores, for the use of the armies of the United States; to direct the inspection and proving of the same, and to direct the construction of all cannon and carriages, ammunition-wagons, traveling forges, artificers' wagons, and of every implement and apparatus for ordnance, and the preparation of all kinds of ammunition and ordnance stores constructed or prepared for said service.

Sec. 1169. Right of command.-Officers of the Medical Department of the Army shall not be entitled, in virtue of their rank, to command in the line or in other staff corps.

Sec. 1193. Chiefs of corps and departments, how selected.-The Adjutant-General, the Quartermaster-General, the Commissary-General of Subsistence, the Surgeon-General, the Chief of Engineers, the Chief of Ordnance, and the Paymaster-General shall be appointed by selection from the corps to which they belong.

Sec. 1195. Signal service, rank of chief.-There shall be one Chief Signal-Officer, with the rank of colonel of cavalry, who shall have charge, under the direction of the Secretary of War, of all signalduty, and of all books, papers, and apparatus connected therewith.

Sec. 1198. Bureau of Military Justice, organization.-The Bureau of Military Justice shall consist of one Judge-Advocate-C neral, with the rank of brigadier-general, and one assistant judge-advocategeneral, with the rank of colonel of cavalry.

Sec. 1199. Duties of judge-advocate-general.-The Judge-Advocate-General shall receive, revise, and cause to be recorded the proceedings of all courts-martial, courts of inquiry and military commissions, and perform such other duties as have been performed. heretofore by the Judge-Advocate-General of the Army.

Sec. 1200. Judge-advocates.-There shall be eight judge-advocates of the Army, with the rank of major of cavalry.

Sec. 1201. Duties of judge-advocates.-Judge-advocates shall perform their duties under the direction of the Judge-Advocate-General. Sec. 1202. Witnesses compelled to attend.-Every judge-advocate of a court-martial shall have power to issue the like process to compel witnesses to appear and testify which courts of criminal jurisdiction within the State, Territory, or District where such military courts shall be ordered to sit, may lawfully issue.

Sec. 1203. Reporter. The judge-advocate of a military court shall have power to appoint a reporter, who shall record the proceedings of, and testimony taken before, such court, and may set down the same, in the first instance, in short-hand. The reporter shall, before

entering upon his duty, be sworn, or affirmed, faithfully to perform

the same.

Sec. 1204. Promotions, general rule.-Promotions in the line shall be made through the whole Army, in its several lines of artillery, cavalry, and infantry, respectively. Promotions in the staff of the Army shall be made in the several departments and corps, respectively.

Sec. 1205. In case of transfers from the line.-Officers may be transferred from the line to the staff of the Army without prejudice to their rank or promotion in the line; but no officer shall hold, at the same time, an appointment in the line and an appointment in the staff which confer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained or become entitled to a grade in his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission in the staff.

Sec. 1209. Brevets.-The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by brevet upon commissioned officers of the Army, for distinguished conduct and public service in presence of the enemy.

Sec. 1210. Date of brevet commission.-Brevet commissions shall bear date from the particular action or service for which the officers were brevetted.

Sec. 1211. Assignment to duty according to brevet rank.-Officers may be assigned to duty or command according to their brevet rank by special assignment of the President; and brevet rank shall not entitle an officer to precedence or command except when so assigned. Sec. 1212. Uniform and title.-No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank; and no officer shall be addressed in orders or official communications by any title other than that of his actual rank.

And

Sec. 1219. Time of actual service considered in fixing rank.—In fixing relative rank between officers of the same grade and date of appointment and commission, the time which each may have actually served as a commissioned officer of the United States, whether continuously or at different periods, shall be taken into account. in computing such time, no distinction shall be made between service as a commissioned officer in the Regular Army and service since the 19th day of April, 1861, in the volunteer forces, whether under appointment or commission from the President or from the governor of a state.

Sec. 1222. Accepting or holding civil office.-No officer of the Army on the active list shall hold any civil office, whether by election or appointment, and every such officer who accepts or exercises the functions of a civil office shall thereby cease to be an officer of the Army, and his commission shall be thereby vacated.

Sec. 1229. Officers dropped for desertion.-The President is authorized to drop from the rolls of the Army for desertion any officer who is absent from duty three months without leave; and no officer so dropped shall be eligible for re-appointment. And no officer in the military, or naval service shall in time of peace be dismissed

from service except upon and in pursuance of the sentence of a courtmartial to that effect, or in commutation thereof.

Sec. 1230. Officer dismissed by President may demand trial.When any officer, dismissed by order of the President, makes, in writing, an application for trial, setting forth, under oath, that he has been wrongfully dismissed, the President shall, as soon as the necessities of the service may permit, convene a court-martial, to try such officer on the charges on which he shall have been dismissed. And if a court-martial is not so convened within six months from the presentation of such application for trial, or if such court, being convened, does not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void.

Sec. 1232. Enlisted men not to be used as servants.-No officer shall use an enlisted man as a servant in any case whatever.

Sec. 1237. Exemption from arrest.-No enlisted man shall, during his term of service, be arrested on mesne process, or taken or charged in execution for any debt, unless it was contracted before his enlistment, and amounted to twenty dollars when first contracted.

Sec. 1241. Sales of stores.-The President may cause to be sold any military stores which, upon proper inspection or survey, appear to be damaged, or unsuitable for the public service. Such inspection or survey shall be made by officers designated by the Secretary of War, and the sales shall be made under regulations prescribed by him.

Sec. 1242. Arms and accouterments in possession of persons not soldiers. The clothing, arms, military outfits, and accouterments furnished by the United States to any soldier shall not be sold, bartered, exchanged, pledged, loaned, or given away; and the possession of any such property by any person not a soldier or officer of the United States shall be prima-facie evidence of such sale, barter, exchange, pledge, loan, or gift. Such property may be seized and taken from any person, not a soldier or officer of the United States, by any officer, civil or military, of the United States, and shall, thereupon, be delivered to any quartermaster or other officer authorized to receive the same.

Sec. 1243. Retirement upon officer's own application.-When an officer has served forty consecutive years as a commissioned officer, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list. When an officer has been thirty years in service, he may, upon his own application, in the discretion of the President, be so retired, and placed on the retired list.

Sec. 1244. After 45 years or at the age of 62.-When an officer has. served forty-five years as a commissioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the President.

Sec. 1245. For disability.-When an officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter provided.

Sec. 1257. Vacancies by retirement.-When any officer in the line of promotion is retired from active service, the next officer in rank

shall be promoted to his place, according to the established rules of the service; and the same rule of promotion shall be applied, successively, to the vacancies consequent upon such retirement.

Sec. 1262. Service pay.-There shall be allowed and paid to each commissioned officer below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each term of five years of service.

Sec. 1263. Not to exceed forty per centum on yearly pay.-The total amount of such increase for length of service shall in no case exceed forty per centum on the yearly pay of the grade as provided by law.

Sec. 1265. Pay during absence.-Officers when absent on account of sickness or wounds, or lawfully absent from duty and waiting orders, shall receive full pay; when absent with leave, for other causes, full pay during such absence not exceeding in the aggregate thirty days in one year, and half-pay during such absence exceeding thirty days in one year. When absent without leave, they shall forfeit all pay during such absence, unless the absence is excused as unavoidable.

Sec. 1269. Allowances.-No allowance shall be made to officers in addition to their pay except as hereinafter provided.

Sec. 1270. Allowance of fuel, quarters, and forage.-Fuel, quarters, and forage may be furnished in kind to officers by the Quartermaster's Department according to law and regulations.

Sec. 1291. Soldiers' pay not assignable.-No assignment of pay by a non-commissioned officer or private, previous to his discharge, shall be valid.

Sec. 1292. Volunteers. In all matters relating to the pay and allowances of officers and soldiers of the Army of the United States, the same rules and regulations shall apply to the Regular Army and to volunteer forces mustered into the service of the United States for a limited period.

Sec. 1293. Rations of enlisted men.-Sergeants and corporals of ordnance shall be entitled to receive one ration and a half daily. Other enlisted men shall be entitled to receive one ration daily.

Sec. 1296. Clothing, prescribed by the President.-The President may prescribe the uniform of the Army and quantity and kind of clothing which shall be issued annually to the troops of the United States.

Sec. 1304. Accounting for deficiencies.-In case of deficiency of any article of military supplies, on final settlements of the accounts of any officer charged with the issue of the same, the value thereof shall be charged against the delinquent and deducted from his monthly pay, unless he shall show to the satisfaction of the Secretary of War, by one or more depositions setting forth the circumstances of the case, that said deficiency was not occasioned by any fault on his part. And in case of damage to any military supplies, the value of such damage shall be charged against such officer and deducted from his monthly pay, unless he shall, in like manner, show that such. damage was not occasioned by any fault on his part.

Sec. 1625. Who to be enrolled in the militia.-Every able-bodied male citizen of the respective States, resident therein, who is of the age

of eighteen years, and under the age of forty-five years, shall be enrolled in the militia.

Sec. 1626. Enrollment, by whom.-It shall be the duty of every captain or commanding officer of a company to enroll every such citizen residing within the bounds of his company, and all those who may, from time to time, arrive at the age of eighteen years, or who, being of the age of eighteen years and under the age of forty-five years, come to reside within his bounds.

Sec. 1627. Notice of enrollment.-Each captain or commanding officer shall, without delay, notify every such citizen of his enrollment, by a proper non-commissioned officer of his company, who may prove the notice. And any notice or warning to a citizen enrolled, to attend. a company, battalion, or regimental muster, which is according to the laws of the State in which it is given for that purpose, shall be deemed a legal notice of the enrollment.

Sec. 1628. Arms and accouterments.-Every citizen shall, after notice of his enrollment, be constantly provided with a good musket or firelock of a bore sufficient for balls of the eighteenth part of a pound, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear, so armed, accoutered, and provided when called out to exercise, or into service, except that when called out on company days to exercise only, he may appear without a knapsack. And all arms, ammunition, and accouterments so provided and required shall be held exempted from all suits, distresses, executions, or sales, for debt or for the payment of taxes. Each commissioned officer shall be armed with a sword or hanger and spontoon.

Sec. 1639. Care of the wounded.--If any person, whether officer or soldier, belonging to the militia of any State, and called out into the service of the United States, be wounded or disabled while in actual service, he shall be taken care of and provided for at the public expense.

Sec. 1641. Privileges of certain corps.-All corps of artillery, cavalry, and infantry, now existing in any State, which, by any law, custom, or usage thereof, have not been incorporated with the militia, or are not governed by the general regulations thereof, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like manner as the other militia.

Sec. 1642. Orders of President in case of invasion.-Whenever the United States are invaded, or are in imminent danger of invasion from any foreign nation or Indian tribe, or of rebellion against the authority of the Government of the United States, it shall be lawful for the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper.