clerk, who, while so employed, shall receive double pay, and the actual expense of transportation while travelling under orders in the discharge of his duty. SEC. 4. That it shall be the duty of the regimental and battalion paymasters to pay all the regular troops; and, to insure punctuality and responsibility, correct reports shall be made to the paymaster-general once in two months, showing the disposition of the funds previously transmitted, with accurate estimates for the next payment of such regiment, garrison, or department as may have been assigned to each; and whenever any paymaster shall fail to transmit such estimate, or neglect to render his vouchers to the paymaster-general for settlement of his accounts, more than six months after receiving funds, he shall be recalled, and another appointed in his place. SEC. 5. That the purchasing department shall consist of one commissary-general of purchases, as heretofore authorized, with the annual salary of three thousand dollars, and one deputy commissary to each division, with the annual salary of two thousand dollars, and six assistant commissaries of issues, with the annual salary of one thousand three hundred dollars, and as many military storekeepers as the service may require, whose salaries shall be regulated by the secretary of war, according to the duty they may perform: Provided, That the pay and emoluments shall not exceed that of a captain of infantry. SEC. 6. That all officers of the pay, commissary, and quartermaster's department shall, previous to their entering on the duties of their respective offices, give good and sufficient bonds to the United States, fully to account for all moneys and' public property which they may receive, in such sum as the secretary of 1 A paymaster's clerk now receives $700 a year and one ration a day. 2 This sec. supplies the 8 May, 1792, chap. 37, sec. 3, and the 16 March, 1802, chap. 9, sec. 16. 3 This is merely directory, and forms no part of the contract of his sureties, and the omission does not discharge them. 11 Wheat. 184, United States vs. Vansant, 1 Peters, 317-325. 4 This office of commissary-general of purchases abolished, by the 23 August, 1842, chap. 186. 5 The military storekeepers are regulated by the 2 March, 1821, chap. 13, sec. 9, and the 23 Aug. 1842, chap. 186, sec. 2. The 8 May, 1792, chap. 37, sec. 3, vol. 1, p. 280, says with two sureties, and in $20,000. 7 After his appointment he could act without giving bond. 1 Peters, 364. If the bond is broader than what is required by the statute, it may be valid as a war shall direct. And all paymasters, commissaries, and storekeepers shall be subject to the rules and articles of war, in the same manner as commissioned officers: Provided, also, That all officers of the pay and commissary's departments be submitted to the senate for their confirmation, in the same manner as the officers of the army. SEC. 7. That the President of the United States be, and he hereby is, authorized to prescribe the quantity and kind of clothing to be issued annually to the troops of the United States: Provided, That, whenever more than the authorized quantity is required, the value of the extra articles shall be deducted from the soldier's pay, and in like manner the soldier shall receive pay, according to the annual estimated value, for such authorized articles of uniform as shall not have been issued to him in each year. Provided, also, That the manner of issuing and accounting for clothing shall be established in the general regulations of the war department. SEC. 8. That in all cases where a soldier of the regular army shall have been discharged from the service of the United States and clothing shall be due to said soldier, it shall be the duty of the paymaster-general to cause the same to be paid for according to the price paid in the seventh section of this act. SEC. 9. That the several officers of the staff shall respectively receive the pay and emoluments and retain all the privileges secured to the staff of the army by the act of March third, one thousand eight hundred and thirteen, and not incompatible with the provisions of this act; and that the regulations in force before the reduction of the army be recognized, as far as the same shall be found applicable to the service, subject, however, to such alterations as the secretary of war may adopt, with the approbation of the President. SEC. 10. That the officers of the staff, provisionally retained by the President, and in this act enumerated and made perma voluntary obligation even against the sureties. 10 Peters, 343, United States vs. Bradley, 5 id. 115, United States vs. Tingey. If it require the principal faithfully to discharge his duties as paymaster according to law and instructions, and regularly to account and pay over, &c., it is valid, and in conformity with the act. 10 Peters, 343, United States vs. Bradley. 1 The clothing of the artillery and infantry was particularly prescribed, by the 16 March, 1802, chap. 9, sec. 8, and the 11 Jan. 1812, chap. 14, sec. 9, and for the light dragoons and light artillery, by the 17 March, 1812, chap. 42; but they seem to be superseded by this section. 2 Chap. 52, ante. nent, be recognized in service under this act, and that the garrison surgeons and mates be hereafter considered as post surgeons; and hereafter the staff of the army may be taken from the line of the army, or from citizens. SEC. 11. That the ordnance department be continued as at present organized under the act1 of February eighth, one thousand eight hundred and fifteen, and that ordnance officers be assigned to their duties with the staff of the army, in the same manner as from the corps of engineers. 3 SEC. 12. That, when forage is not drawn in kind by officers of the army entitled thereto,' eight dollars per month, for each horse, not exceeding the number authorized by existing regulations, shall be allowed in lieu thereof: Provided, That neither forage nor money shall be drawn by officers but for horses actually kept by them in service: Provided, also, That none except company officers shall be allowed to take, as servants or waiters, soldiers of the army, and that all officers' be allowed, for each private servant actually kept in service, not exceeding the number authorized by existing regulations, the pay, rations, and clothing of a private soldier, or money in lieu thereof, on a certificate setting forth the name and description of the servant or servants, in the pay account: Provided, also, That one additional ration be allowed to all subaltern officers of the army. [Approved, April 24, 1816.] March 2, 1821, chap. 13. 5 CHAPTER 127.-Approved, April 27, 1816.-Vol. 3, p. 217. An Act to provide for cases of lost military land warrants and discharges for faithful services. 1. Soldiers of the regular army having obtained warrants and lost them, &c., upon satisfactory proof of the fact to the secretary of war, are entitled to patents. 1 Chap. 38, but see sec. 3, chap. 42, 3 Aug. 1861, and sec. 9, chap. 133, 5 July, 1862. 2 A similar provision for forage was made by the 22 July, 1813, chap. 17. 3 The 16 March, 1802, chap. 9, sec. 7, ante, the 12 April, 1808, chap. 43, sec. 4, ante, the 6 July, 1812, chap. 133, sec. 5, ante. For the number of horses allowed, see the 3 March, 1845, chap. 65; and chap. 200, 17 July, 1862. 4 For such officers, see the 16 March, 1802, chap. 9, sec. 7, ante. 5 The waiters are enumerated, regulated, and paid, by the 30 March, 1814, chap. 37, sec. 9 and 10, ante; and see for sec. 12, chap. 200, 17 July, 1862. 2. When it appears to the satisfaction of the secretary of war that certificates of faithful services, in cases of discharge from military service, have been omitted by neglect, misconstruction, or casualty, the omission is not to prevent the issuing of warrants and patents. Upon proof of the loss of a discharge and certificate, the secretary of war is to furnish papers, &c. Proviso if the measure be justified by the time of enlistment, &c. That when any soldier of the regular army, having obtained a military land warrant, shall have lost, or shall hereafter lose, the same, or the said warrant shall have been, or may be, by accident destroyed, every such soldier shall, upon proof thereof, to the satisfaction of the secretary of war, be entitled to a patent, in like manner as if the said warrant was produced. SEC. 2. That in all cases of discharges from the military service of the United States, of any soldier of the regular army, when it shall appear to the satisfaction of the secretary of war that a certificate of faithful services has been omitted by the neglect of the discharging officer, by misconstruction of the laws, or by any other neglect or casualty, such omission shall not prevent the issuing of the warrant and patent as in other And when it shall have been proved, as aforesaid, that any soldier of the regular army has lost his discharge and certificate of faithful service, the secretary of war shall cause such papers to be furnished such soldier of the regular army as will entitle him to his land warrant and patent: Provided, Such measure be justified by the time of his enlistment, the period of service, and the report of some officer of the corps to which he was attached. cases. [Approved, April 27, 1816.] CHAPTER 135.-Approved, April 29, 1816.-Vol. 3, p. 320. An Act concerning the annual sum appropriated for arming and equipping the militia.1 1. The sum of $200,000 for providing arms, &c., for the militia, to be paid out of any moneys in the treasury not otherwise appropriated. 2. The sum appropriated to be applied according to the act of 23 April, 1808, without being carried to the surplus fund. Nothing in the act of 3 March, 1809, to authorize a transfer of any portion of the sum to any other branch of expenditure. That the annual sum of two hundred thousand dollars, as 1 See act 23 April, 1808, with the note thereon. appropriated for the purpose of providing arms and military equipments for the militia, either by purchase or manufacture, according to the act of the twenty-third of April, one thousand eight hundred and eight, entitled "An act making provision for arming and equipping the whole body of the militia of the United States," shall be paid, for each year, respectively, out of any moneys in the treasury not otherwise appropriated. SEC. 2. That the sum appropriated to be paid as aforesaid shall be applied for the purpose, and according to the intention, specified in said act, without being liable, at any time, to be carried to the account of the surplus fund. And nothing in the act of the third of March, one thousand eight hundred and nine,' entitled "An act further to amend the several acts for the establishment and regulation of the treasury, war, and navy departments," shall be construed to authorize the transferring of the sum annually appropriated as aforesaid, or any portion thereof, to any other branch of expenditure." [Approved, April 29, 1816.] [By Chap. 140, 29 April, 1816, vol. 3, p. 322, an additional accountant3 of the War Department was authorized to be appointed.] CHAPTER 142.-Approved, April 29, 1816.-Vol. 3, p. 323. An Act to increase the compensation of the superintendents of the manufactories of arms at Springfield and Harper's Ferry. That, in addition to the pay and rations, as at present fixed, of the superintendents of the manufactories of arms at Springfield and Harper's Ferry, they shall receive $30 per month, and one ration per day.* RESOLUTION 7.-Approved, April 29, 1816.-Vol. 3, p. 342. Resolution authorizing the President of the United States to employ a skilful assistant in the corps of engineers." That the President of the United States be, and he is hereby, authorized 1 Chap. 28. 2 See note to act 3 March, 1817, chap. 96. 3 Abolished. See act 3 March, 1817, chap. 45, sec. 1. 4 These manufactories are again in charge of ordnance officers. |