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States, until such person shall have accounted for, and paid into the treasury, all sums for which he may be liable: Provided, That nothing herein contained shall be construed to extend to balances arising solely from the depreciation of treasury notes received by such person, to be expended in the public service; but in all cases where the pay or salary of any person is withheld, in pursuance of this act, it shall be the duty of the accounting officers, if demanded by the party, his agent or attorney, to report, forthwith, to the agent of the treasury department, the balance due; and it shall be the duty of the said agent, within sixty days thereafter, to order suit to be commenced against such delinquent and his sureties.
[Approved, January 25, 1828.]
CHAPTER 53.-Approved, May 15, 1828.-Vol. 4, p. 269.
An Act for the relief of certain surviving officers and soldiers of the army of the revolution.2
1. Officers of the revolution in the continental line to receive pay according to rank not over captains. 2. Pension since March 3, 1826, first deducted. 3. Noncommissioned officer, &c., who enlisted in said line and served during the war. If not on pension list. 4. How paid. Not transferable, and liable to execution, &c.
That each of the surviving officers of the army of the revolu tion in the continental line, who was entitled to half pay by the resolve of October twenty-first, seventeen hundred and eighty, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in said line, according to his rank in the line, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That, under this act, no officer shall be entitled to receive a larger sum than the full pay of a captain in said line.
SEC. 2. That whenever any of said officers has received money of the United States, as a pensioner, since the third day
1 The provisions of this act extended to two years' service, &c., by the 7 June, 1832, chap. 126, and to widows, by the 2 Feb. 1848, chap. 8, sec. 1.
2 Words in italics repealed by sec. 2, chap. 14, 5 April, 1856.
3 This section not to embrace invalid pensioners, by 31 May, 1830, chap. 228, and the 14 July, 1832, chap. 237.
of March, one thousand eight hundred and twenty-six, afore said, the sum so received shall be deducted from what said officer would otherwise be entitled to, under the first section of this act; and every pension to which said officer is now entitled shall cease after the passage of this act.
SEC. 3. That every surviving non-commissioned officer, musician, or private, in said army, who enlisted therein for and during the war, and continued in service until its termination, and thereby became entitled to receive a reward of eighty dollars, under a resolve of Congress, passed May fifteenth, seventeen hundred and seventy-eight, shall be entitled to receive his full monthly pay in said service, out of any money in the treasury not otherwise appropriated; to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That no non-commissioned officer, musician, or private in said army, who is now on the pension list of the United States, shall be entitled to the benefits of this act.
SEC. 4. That the pay allowed by this act shall, under the direction of the secretary of the treasury, be paid to the officer or soldier entitled thereto, or to their authorized attorney, at such places and days as said secretary may direct; and that no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same, until he furnish to said secretary satisfactory evidence that he is entitled to the same in conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure. wholly to the personal benefit of the officer or soldier entitled to the same by this act.
Sic. 5. [Pay accrued by this act before 3 March, 1×28, to be paid.] [Approved, May 15, 1828]
This section 3. not to apply to invalid pensioners, 14 July, 1×32, chap 237; and see the 31 May 15,9, chap, 228, making same provision,
40f war, by the 3 March, 1×35, chap 46 see. 4: supplied, and duties of, transferred to the interior, by the 3 March, 1×49, chap 10%, see 6.
CHAPTER 28.-Approved, March 2, 1829.-Vol. 4, p. 350.
An Act making provision for the payment of pensions to the widow or children of pensioners, in certain cases, and for other purposes.
1. Arrears of pension to be paid to representatives of invalid pensioner dying before certificate. 2. Arrears to be paid to widow, &c. 3. Proof of wounds.
That, in case of the death of any invalid pensioner before the certificate of the continuance of his disability required by the act entitled "An act' regulating the payments to invalid pensioners," passed March third, one thousand eight hundred and nineteen, was obtained, it shall be lawful for the secretary of war, and he is hereby directed, to pay to the legal representatives of such deceased invalid, the arrears of pensions due at the time of his death, at the rate at which it was fixed at his last examination: Provided, Such last examination was within two years from the time of his death.
SEC. 2. That, whenever any revolutionary pensioner shall die, the secretary of war shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments under this act shall be made to the widow of the deceased pensioner, or to her attorney, or, if he left no widow, or she be dead, to the children of the pensioner, or to the guardian, or his attorney; and, if no child or children, then to the legal representatives of the deceased.
SEC. 3. That, in all cases of applications for pensions for wounds received in the revolutionary war, the testimony to establish the facts may be authenticated in the same manner with those who apply for pensions for wounds received in the late war with Great Britain.
[By chap. 38, 2 March, 1829, vol. 4, p. 357, secretary of war to contract for 60,000 copies Infantry Tactics, and 5000 copies Exercise of Field Artillery. To be distributed among the states, territories, and District of Columbia, through their chief magistrates, &c. Appropriation, $14,790.j
1 Chap. 81. The act of 1819 (providing for proof of wounds, &c.) is repealed by the 14 July, 1832, chap. 234, vol. 4, p. 599.
CHAPTER 42.-Approved, March 2, 1829.-Vol. 4, p. 360.
An Act to continue the present mode of supplying the army of the United States,
That the sixth, seventh, eighth, ninth, and tenth sections of the act, entitled "An act regulating the staff of the army of the United States," passed April 14, 1818, and the eighth section of the act entitled "An act to reduce and fix the military peace establishment of the United States," passed March 2, 1821, are hereby continued in force for five years from the passing of this act, and thence to the end of the next session of Congress thereafter, and no longer.
Sic. 2. That, the better to enable the commissary-general of subsistence to carry into effect the provisions of the above-specified acts, there be appointed two commissaries, to be taken from the line of the army, one of whom shall have the same rank, pay, and emoluments as quartermaster, and the other with the rank, pay, and emoluments of assistant quartermaster."
CHAPTER 179-Approved, May 29, 1830-Vol. 4, p. 417.
An Act to alter and amend the sixty-fifth article of the first section of an Act entitled An Act for establishing rules and articles for the government of the armies of the United States,” passed the tenth of April, one thousand eight hundred and riz.
That, whenever a general officer commanding an army, or a colonel commanding a separate department, shall be the accuser or prosecutor of any officer of the army of the United States under his command, the general court-martial for the trial of such officer shall be appointed by the President of the United
SEC. 2. That the proceedings and sentence of the said court shall be sent directly to the secretary of war, to be by him laid before the President for his confirmation, or approval, or orders in the case.
Src. 3. That so much of the sixty-fifth article of the first section of “ An act for establishing rules and articles for the government of the armies of the United States," passed on the 10th of April, 1506, as is repugnant hereto, be, and the same is hereby, repealed.
1 See chap 13
1 See chap 49, 3 March, 15, 5, 4
CHAPTER 183.-Approved, May 29, 1830.-Vol. 4, p. 418.
That, from and after the passage of this act, no officer or soldier in the army of the United States shall be subject to the punishment of death for desertion in time of peace.1
[By chap. 228, May 31, 1830, vol. 4, p. 426, invalid pensioners not to be subject to deductions contained in sec. 2, chap. 53, Mav 15, 1828.]
CHAPTER 67.-Approved, April 5, 1832.-Vol. 4, p. 504.
An Act providing for the organization of the ordnance department.
1. Ordnance department to consist of, &c. 2. Ordnance sergeants. 3. Lieutenants may be selected for ordnance duty. 4. Government and pay.
That, from and after the passage of this act, the ordnance department shall consist of one colonel, one lieutenant-colonel, two majors, and ten captains, and as many enlisted men as the public service may require, not exceeding two hundred and fifty.
SEC. 2. That the secretary of war be authorized to select from the sergeants of the line of the army, who shall have faithfully served eight years in the service, four years of which in the grade of non-commissioned officer, as many ordnance sergeants as the service may require, not to exceed one for each military post; whose duty it shall be to receive and preserve the ordnance, arms, ammunition, and other military stores, at the post, under the direction of the commanding officer of the same, and under such regulations as shall be prescribed by the secretary
1 See Articles of War, art. 20, 10 April, 1806; ibid. art. 65.
2 And see 14 July, 1832, chap. 237.
3 See 5 July, 1838, chap. 162, and note. See also sec. 3, chap. 42, 3 August, 1861, for further increase.