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incurred in the course of such service, shall be entitled to receive a certificate or warrant from the war department for the quantity of one hundred and sixty acres, and which may be located by the warrantee, or his heirs at law, at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the General Land Office, a patent shall be issued therefor. That in the event of the death of any such non-commissioned officer, musician, or private, during service, or after his discharge, and before the issuing of a certificate or warrant as aforesaid, the said certificate or warrant shall be issued in favor, and inure to the benefit. of his family or relatives, according to the following rules: first. to the widow and to his children; second, his father; third, his mother. And in the event of his children being minors, then the legally-constituted guardian of such minor children shall, in conjunction with such of the children, if any, as may be of full age, upon being duly authorized by the orphans' or other court having probate jurisdiction, have power to sell and dispose of such certificate or warrant for the benefit of those interested. And all sales, mortgages, powers, or other instruments of writing, going to affect the title or claim to any such bounty right, made or executed prior to the issue of such warrant or certifi cate, shall be null and void to all intents and purposes whatsoever, nor shall such claim to bounty right be in any wise affected by, or charged with, or subject to, the payment of any debt or cam incurred by the soldier prior to the issuing of such certificate or warrant: Provided, That no land warrant issued under the provisions of this act shall be laid upon any lands of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation: Proveled, further, That every such non-commissioned officer, musician, and private, who may be entitled, under the provisons of this act, to receive a certificate or warrant for one hundred and sixty acres of land, shall be allowed the option to

1 H Tiers on it soldiers or volunteers to pay the register and receiver's fees, see 17 May, 154, chap 44

4 And to brothers and sisters, by 27 May, 1×4× chap 49

service of the United States at the close of the war with Mexico.1

SEC. 6. That it shall and may be lawful for the President of the United States, by and with the advice and consent of the senate, to appoint one surgeon and two assistant surgeons to each regiment raised under this act.

SEC. 7. That, during the war with Mexico, it shall be lawful for the officers composing the councils of administration of the several regiments constituting a brigade, either regular or volunteer, in the service of the United States, to employ some proper person to officiate as chaplain to such brigade, and the person so employed shall, upon the certificate of the commander of the brigade, receive for his services $750, one ration, and forage for one horse, per annum: Provided, That the chaplains now attached to the regular army and stationed at different military posts may, at the discretion of the secretary of war, be required to repair to the army in Mexico, whenever a majority of the men at the posts where they are respectively stationed shall have left them for service in the field; and should any of said chaplains refuse or decline to do this, when ordered so to do by the adjutantgeneral, the office of such chaplain shall be deemed vacant, and the pay and emoluments thereof be stopped.2

SEC. 8. That the President be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint two additional surgeons and twelve additional assistant surgeons in the regular army of the United States, subject to the provisions of an act entitled “An act to increase and regulate the pay of the surgeons and assistant surgeons of the army," approved June 30th, 1834; and that the officers whose appointment is authorized by this section shall receive the pay and allowances of officers of the same grades respectively; and that the rank of the officers of the medical department of the army shall be arranged upon the same basis which st present determines the amount of their pay and emoluments: Provided, That the medical officers shall not in virtue of such rank be entitled to command in the line or other staff departments of the army.

SEC. 9. That each non-commissioned officer, musician, or private, enlisted or to be enlisted in the regular army, or regularly mustered in any volunteer company for a period of not less than twelve months, who has served or may serve during the present war with Mexico, and who shall receive an honorable discharge, or who shall have been killed, or died of wounds received or sickness incurred in the course of such service, or who shall have been discharged before the expiration of his term of service in consequence of wounds received or sickness

See 19 July, 1848, chap. 104.

3 See note to chap. 42, 3 Aug. 1861.

2 See Art. 4 of the Rules of War. Chap. 133.

4

5 Not to lose theirs by being promoted, 27 May, 1848, chap. 49.

6 Surgeon's certificate of discharge to be evidence that the disability was incurred in the service: Resolution 24 May, 1848, No. 4.

incurred in the course of such service, shall be entitled to receive a certificate or warrant from the war department for the quantity of one hundred and sixty acres, and which may be located by the warrantee, or his heirs at law, at any land office of the United States, in one body, and in conformity to the legal subdivisions of the public lands, upon any of the public lands in such district then subject to private entry; and upon the return of such certificate or warrant, with evidence of the location thereof having been legally made, to the General Land Office, a patent shall be issued therefor. That in the event of the death of any such non-commissioned officer, musician, or private, during service, or after his discharge, and before the issuing of a certificate or warrant as aforesaid, the said certificate or warrant shall be issued in favor, and inure to the benefit, of his family or relatives, according to the following rules: first, to the widow and to his children; second, his father; third, his mother. And in the event of his children being minors, then the legally-constituted guardian of such minor children shall, in conjunction with such of the children, if any, as may be of full age, upon being duly authorized by the orphans' or other court having probate jurisdiction, have power to sell and dispose of such certificate or warrant for the benefit of those interested. And all sales, mortgages, powers, or other instruments of writing, going to affect the title or claim to any such bounty right, made or executed prior to the issue of such warrant or certificate, shall be null and void to all intents and purposes whatsoever, nor shall such claim to bounty right be in any wise affected by, or charged with, or subject to, the payment of any debt or claim incurred by the soldier prior to the issuing of such certificate or warrant: Provided, That no land warrant issued under the provisions of this act shall be laid upon any lands of the United States to which there shall be a pre-emption right, or upon which there shall be an actual settlement and cultivation: Provided, further, That every such non-commissioned officer, musician, and private, who may be entitled, under the provisions of this act, to receive a certificate or warrant for one hundred and sixty acres of land, shall be allowed the option to

1 Holders (not soldiers or volunteers) to pay the register and receiver's fees: see 17 May, 1848, chap. 44.

2 And to brothers and sisters, by 27 May, 1848, chap. 49.

receive such certificate or warrant, or a treasury scrip1 for one hundred dollars; and such scrip, whenever it is preferred, shall be issued by the secretary of the treasury to such person or persons as would be authorized to receive such certificates or warrants for lands; said scrip to bear an interest of six per cent. per annum, payable semi-annually, redeemable at the pleasure of the government. And that each private, non-commissioned officer, and musician, who shall have been received into the service of the United States, since the commencement of the war with Mexico, for less than twelve months, and shall have served for such term or until honorably discharged, shall be entitled to receive a warrant for forty acres of land, which may be subject to private entry, or twenty-five dollars in scrip, if preferred; and in the event of the death of such volunteer during his term of service, or after an honorable discharge, but before the passage of this act, then the warrant for such land or scrip shall issue to the wife, child, or children, if there be any, and, if none, then to the father, and, if there be no father, then to the mother, of such deceased volunteer: Provided, That nothing contained in this section shall be construed to give bounty land to such volunteers as were accepted into service, and discharged without being marched to the seat of war.

SEC. 10. That it shall and may be lawful for the President, by and with the advice and consent of the senate, to appoint, from the officers of the army, four quartermasters of the rank of major, and ten assistant quartermasters with the rank of captain.'

[Approved, February 11, 1847.]

1 Chap. 59, 3 March, 1847, vol. 9, p. 183, requires that it shall be the duty of the secretary of the treasury to issue treasury scrip, provided by this section, on the certificate of the secretary of war, showing the claimant entitled thereto, and not otherwise; and that the stock thus issued shall bear interest from the day of presenting to the treasury department such certificate of the secretary of war in due form, &c.

2 Repealed 22 March, 1853, chap. 19, sec. 4.

3 See 2 March, 1821, chap. 13, sec. 7.

4 For further increase, see sec. 3, chap. 42, 3 Aug. 1861, which shows the present organization of the quartermaster-general's department.

CHAPTER 61.-Approved, March 3, 1847.-Vol. 9, p. 184.

An Act making provision for an additional number of general officers, and for other purposes.

1. The ten regiments authorized by the act of 11 February, 1847, chap. 8, to be organized. Major-generals and brigadier-generals to be appointed. Proviso. 2. Three assistant adjutant-generals to be appointed. 6. 1847, chap. 8. How officers shall take rank. 9. Teamsters for the regiments of dragoons, artillery, and mounted riflemen. 10. Lieutenants holding the appointments of adjutant and regimental quartermaster. 1827, chap. 42. 12. Two deputy paymastergenerals and ten paymasters to be appointed. Proviso. 13. Rank of officers of pay department. Proviso. 14. Paymasters of volunteers to be nominated to the senate. 15. Bounty to the regiment of dragoons. 1847, chap. 8. 16. Increase of ordnance department. 17. Brevets to non-commissioned officers. Proviso. 18. Two companies to be added to each of the regiments of artillery. Additional companies of light artillery. 19. Pay of light artillery. 20. Allowance of additional rations for the adjutant-general and the quartermaster-general. 21. Deficient regiments to be consolidated, and supernumerary officers discharged. Proviso. 22. When the officers and forces authorized by this act shall be discharged.

That the President of the United States be, and he is hereby, authorized to organize the ten regiments to be raised by virtue of the act of the eleventh of February, eighteen hundred and forty-seven, into brigades and divisions, either by allotting portions of the same to the brigades and divisions of the regular army or volunteer forces in the service of the United States, and, if the efficiency of the service shall require it, to appoint, by and with the advice and consent of the senate, such number of additional brigadier-generals, not exceeding three, and majorgenerals, not exceeding two, as the organization of the said forces may require: Provided, That each brigade shall consist of not less than three regiments, and each division of not less than two brigades: And provided, further, That the said general officers shall be immediately discharged from the service of the United States at the close of the war with Mexico.1

SEC. 2. That there shall be added to the adjutant-general's department one assistant adjutant-general, with the rank, pay, and emoluments of a lieutenant-colonel of cavalry, and two assistant adjutants-general, with the brevet rank, pay, and emoluments of a captain of cavalry, to be appointed by the

1 See 19 July, 1848, chap. 104, sec. 1, which repeals all in italics.

2 The staff in this section is within the 22d section. For further increase, see sec. 3, chap. 42, 3 August, 1861, and sec. 22, chap. 200, 17 July, 1862.

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