duty with a cor mand. only when on assembled, That the officers of the army, who have breresponding com- vet commissions, shall be entitled to, and receive the pay and emoluments of, their brevet rank when on duty, and having a command according to their brevet rank, and at no other time. SEC. 2. And be it further enacted, That no brevet commission shall hereafter be conferred but by and with the advice and consent of the senate. [Approved, April 16, 1818.] Company officers of artillery. CHAPTER CXI. An act respecting the organization of the army, and for other purposes.* SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the company officers of the corps of artillery shall consist of one captain, two first lieutenants, and two second lieutenants; and in the corps of light artillery, the company officers shall consist of one captain, one first lieutenant, and two second lieutenants; and one of the second lieutenants in each comConductor of ar- pany shall act as a conductor of artillery, as in the case tillery, &c. of the corps of artillery, whose duty it shall be to receipt and account for all ammunition, implements, and cannon; and for the performance of these services they shall be allowed, each, ten dollars extra per month. Extra pay to conductors of artillery. One armorer to lion of artillery. SEC. 2. And be it further enacted, That, to each reeach regiment of giment of infantry, riflemen, and to each battalion of men, and batta the corps of artillery, and to the regiment of light artillery, there shall be attached one armorer, with the pay and emoluments allowed to armorers employed by the ordnance department. Where, in cases, &c. the pay, &c. soldiers has been SEC. 3. And be it further enacted, That, in all cases of officers and during the late war, where an officer or soldier has been delayed, &c. it is, delayed the receipt of his pay and emoluments, or any on evidence, to part thereof, by having been transferred from one corps to another, or omitted to be returned on the muster roll, pay roll, or receipt roll, or from any other cause whatever, upon a satisfactory evidence of the justice of such claim, the same shall be adjusted and paid. be adjusted and paid. [Approved, April 20, 1818.] *The 1st and 2d sections of this act are superseded by the provisions of that of 2d March, 1821, to reduce and fix the military establishment -See chapter 122. CHAPTER CXII. Resolution directing the completion of the survey of the waters of the Chesapeake bay, and for other purposes. ratory to the es nals to be re pleted, &c. Resolved by the Senate and House of Representatives Surveys prepaof the United States of America in Congress assem-tablishment of bled, That the president of the United States be, and two naval arsehe hereby is, requested to cause to be resumed and sumed and comcompleted the surveys heretofore commenced, preparatory to the establishment of two naval arsenals; and that, to the naval officers employed in this service, officers of the corps of engineers be joined, with instructions to prepare plans of the fortifications necessary to be erected Plans of fortifi for the defence of such arsenals, with an estimate of the cations and estiexpense of erecting the same. And that the president be further requested to cause such a survey of the Survey of the Chesapeake bay to be made, as may be requisite to as- Chesapeake bay, certain what points are necessary to be fortified for the protection of the commerce of said bay; and a report of Report, with a the same, with a plan of the works necessary to be plan, &c. erected, with an estimate of the expense of the same, to be made to congress in the first week of their next session. [Approved, April 20, 1818.] mate of expense. &c. CHAPTER CXIII. An act allowing further time to complete the issuing and locating of mili tary land warrants. The authority secretary of war, May, 1812, and issue military 4th March, 1824. SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress granted to the assembled, That the authority granted to the secretary by the acts of 6th for the department of war, by the second section of the 10th Dec. 1814, to act to provide for designating, surveying, and granting, land warrants, the military bounty lands, approved the sixth day of continued until May, one thousand eight hundred and twelve, and by the fourth section of the act making further provision for filling the ranks of the army of the United States, approved December tenth, one thousand eight hundred and fourteen, to issue warrants for the military land bounties to persons entitled thereto, shall be revived, and continued in force, for the term of five years from and after the fourth day of March next. SEC. 2. And be it further enacted, That the time li- The time limited *See chapter 68. †See chapter 92. mited by the act supplementary to the act further exfor issuing and Locating military tending the time for issuing and locating military land act of 9th March, Warrants, and for other purposes, approved March ninth, 4th March, and one thousand eight hundred and eighteen, for issuing land warrants, by 1818, extended to 1st Oct. 1821. military land warrants, shall be extended to the fourth day of March, one thousand eight hundred and twentyone, and the time limited by the said act for the location of unlocated military land warrants, shall be extended to the first day of October thereafter.* [Approved, February 24, 1819.] 15 cents and an extra gill of days, on fortifi cations, &c, CHAPTER CXIV. An act to regulate the pay of the army when employed on fatigue duty. SEC. 1. Be it enacted by the Senate and House of Rewhiskey, &c. per presentatives of the United States of America in Congress day, to soldiers assembled, That, whenever it shall be found expedient when employed, not less than ten to employ the army at work on fortifications, in surveys, in cutting roads, and other constant labor, of not less than ten days, the non-commissioned officers, musicians, and privates, so employed, shall be allowed fifteen cents, and an extra gill of whiskey or spirits, each, per day, while so employed. [Approved, March 2, 1819.] In applications pensions the affi &e stating the rate of disability, ny the application for pay. CHAPTER CXV. An act regulating the payments to invalid pensioners. SEC. 1. Be it enacted by the Senate and House of Refor payments of presentatives of the United States of America in Congress davit of two ere-assembled, That in all cases of application for the paydible surgeons, ment of pensions to invalids, under the several laws of continuance and congress granting pensions to invalids, the affidavit of &c. to accompa-two surgeons or physicians, whose credibility, as such, shall be certified by the magistrate before whom the afafter the 4th of fidavit is made, stating the continuance of the disability March, 1820, and for which the pension was originally granted, (dethereafter. &c. scribing it,) and the rate of such disability at the time of making the affidavit, shall accompany the application of the first payment which shall fall due after the fourth day of March next, and at the end of every two years ment falling due every two years the applicant to be paid at the rate, &c. *The provisions of this section and the acts therein referred to, relate to the officers and soldiers of the revolutionary army. The acts mentioned are not comprised in this volume. case of total disa thereafter; and if, in a case of a continued disability, it shall be stated at a rate below that for which the pension was originally granted, the applicant shall only be paid at the rate stated in the affidavit: Provided, That Proviso; affidavit where the pension shall have been originally granted not beessary in for a total disability, in consequence of the loss of a bility, &c. limb, or other cause which cannot, either in whole, or in part, be removed, the above affidavit shall not be necessary to entitle the applicant to payment: And provided also, That this act shall not extend to the inva- Proviso; this act lids of the revolution, who have been, or shall be, placed invalids of the on the pension list, pursuant to an act of congress, enti revolutionary tled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," approved the eighteenth day of March, in the year of our Lord one thousand eight hundred and eight. [Approved, March 3, 1819.] not to extend to army. CHAPTER CXVI. An act authorizing the sale of certain military sites. war, under direc to sell useless mi on payment, to SEC. 1. Be it enacted by the Senate and House of Re- The secretary of presentatives of the United States of America in Congress tion of the presi assembled, That the secretary of war be, and he is here dent, authorized by, authorized, under the direction of the president of litary sites. the United States, to cause to be sold such military sites, belonging to the United States, as may have been found, or become, useless for military purposes. And The secretary, the secretary of war is hereby authorized, on the pay- make a deer in ment of the consideration agreed for, into the treasury of the United States, to make, execute, and deliver, all needful instruments, conveying and transferring the same in fee; and the jurisdiction, which had been spe- Jurisdiction of cially ceded, for military purposes, to the United States, cease. by a state, over such site or sites, shall thereafter cease. [Approved, March 3, 1819.] fee. the U. S. to CHAPTER CXVII. An act concerning the allowance of pensions upon a relinquishment of bounty lands. SEC. 1. Be it enacted by the Senate and House of Re- The 2d section of presentatives of the United States of America in Congress April, 1816, &c the act of 16th @ntinued in gears. assembled, That the second section of the act making furforce for three ther provision for military services during the late war, and for other purposes, approved April sixteenth, one thousand eight hundred and sixteen,* and so much of the act to amend the same, approved March third, one thousand eight hundred and seventeen,† as relates to the subject of that section, shall be continued in force for the term of three years from and after the passing Proviso; the chil- of this act: Provided, nevertheless, That no pension shall dren, or one of be granted under the said acts, after the sixteenth day obtain the pen of April next, unless, at the time of relinquishing the bounty land, in the manner therein described, the children, for whose benefit the same may be granted, or one of them, shall be under sixteen years of age: Proviso; pension And provided also, That the pensions shall commence at date of relin- the date of the relinquishments respectively. them, must, to sion, be under 16 years. to commence at quishment. [Approved, March 3, 1819.] Appropriations one year not to to another ferent year, un March, 1809, CHAPTER CXVIII. An act in addition to the several acts for the establishment and regulation of the treasury, war, and navy, departments. [EXTRACT.] SEC. 4. And be it further enacted, That nothing confor the service of tained in the act of March third, one thousand eight be transferred hundred and nine, entitled "An act further to amend the branch of expen- several acts for the establishment and regulation of the diture in a dif treasury, war, and navy, departments," shall be so der act of 3d of construed, as to allow any appropriations whatever for the service of one year, to be transferred to another branch of expenditure in a different year, nor shall any No appropria appropriations be deemed subject to be transferred, hands of the trea under the provisions of the abovementioned act, after &c. to be subject they shall have been placed in the hands of the treathe act of 3d of surer, as agent of the war or navy departments. tions surer, as agent, to transfer under March 1809. Act of 3d March, 1809, amended. SEC. 5. And be it further enacted, That the abovementioned act of the third of March, one thousand eight hundred and nine, shall be, and the same is hereby, so The president amended, that the president shall be authorized to direct a portion of the moneys appropriated for any one of the priations for following branches of expenditure in the military deof expenditure partment, viz: For the subsistence of the army, for fo authorized to transfer appro certain branches *See chapter 96. †See chapter 106. See note to chapter 105, |