ment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer, non-commissioned officer, musician, or soldier, entitled to the same.(1) So much of the same pay as accrued before the approval of this act, shall be paid to the person entitled to the same, as soon as may be, in the manner and under the provisions above mentioned; and the pay which shall accrue thereafter, shall be paid semi-annually, in the manner above directed; and, in case of the death of any person embraced by the provisions of this act, or of the act to which it is supplementary, during the period intervening between the semi-annual payments directed to be made by said acts, the proportionate amount of pay which shall accrue between the last preceding semi-annual payment, and the death of such person, shall be paid to his widow, or if he leave no widow, to his children.(2) The officers, non-commissioned officers, mariners, or marines, who served for a like term in the naval service, during the revolutionary war, shall be entitled to the benefits of this act, in the same manner as is provided for the officers and soldiers of the army of the revolution.(3) In the execution of the preceding act, 7th June, 1832, "the time of imprisonment as a prisoner of war shall be taken and computed as a part of the period of service."-Resolution 14th July, 1832. And in the execution of said act, whenever it shall be made to appear that any applicant for a pension, under said act, entered the army of the revolution in pursuance of a contract with the government, made previous to the 11th April, 1783, and continued in service until after that period, the secretary of war shall compute the period of such applicant's service from the time he then entered the army and until the definitive treaty of peace, and allow him a pension accordingly.-Resolution 2d March, 1833. 2544. If any officer, non-commissioned officer, musician, soldier, Indian spy, mariner, or marine, whose service during the revolutionary war was such as is specified in the act passed the seventh day of June, eighteen hundred and thirty-two, entitled, "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have accrued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner prescribed in the act hereby amended.(4) If any person who served in the war of the revolution, in the manner specified in the act passed the 7th day of June, eighteen hundred and thirtytwo, entitled, "An act supplementary to an act for the relief of certain surviving officers and soldiers of the revolution," have died, leaving a widow whose marriage took place before the expiration of the last period of his ser vice, such widow shall be entitled to receive, during the time she may remain unmarried, the annuity or pension which might have been allowed to her husband, by virtue of the act aforesaid, if living at the time it was passed.(5) Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest, in any money or half pay granted by this act, shall be utterly void and of no effect; each person acting for and in behalf of any one entitled to money under this act, shall take and subscribe an oath to be administered by the proper accounting officer, and retained by him and put on file, before a warrant shall be delivered to him, that he has no interest in said money, by (1) Act 7th June, 1832, sec. 3. (2) Ibid. sec. 4. (3) Ibid. sec. 5. (4) Act 4th July, 1836, sec. 2. any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person whatever.(1) The secretary of war shall adopt such forms of evidence, in applications under this act, as the president of the United States shall prescribe.(2) The widow of any person who continued in the service of the United States until the third day of November, seventeen hundred and eighty-three, and was married before that day, and while her husband was in such service, shall be entitled to the benefits of the third section of the act of 4th July, 1836.(3) ART. 2545. If any officer or soldier belonging to the militia of any state, called out into the service of the United States, be wounded or disabled in actual service, he shall be taken care of and provided for at the public expense.(4) 2546. If any officer, non-commissioned officer, musician, or private, in the corps composing the peace establishment, shall be disabled by wounds or otherwise, while in the line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pay and under such regulations as may be directed by the president, for the time being: Provided, always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disability, half the monthly pay of such officer at the time of his being disabled or wounded; and that no officer shall receive more than the half pay of a lieutenant-colonel; and that the rate of compensation to non-commissioned offi. cers, musicians, and privates, shall not exceed five dollars per month: And provided, also, That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability.(5) 2547. If any commissioned officer in the military peace establishment of the United States, shall, while in the service of the United States, die, by reason of any wound received in actual service of the United States, and leave a (1) Act 4th July, 1836, sec. 4. (2) Ibid. sec. 5. (3) Act 3d March, 1837, sec. 2. (4) Act 8th May, 1792, sec. 9. (5) Act 16th March, 1802, sec. 14. And see the several acts increasing the army from time to time. widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to and receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. But in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay for the remainder of the time shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children.(1) 2548. Any officer, non-commissioned officer, musician, or private, who has been wounded or disabled since the revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regu. lations as are prescribed by the act, entitled, "An act to provide for persons who are disabled by known wounds received in the revolutionary war," passed the tenth day of April, one thousand eight hundred and six.(2) Art. 2524, &c. 2549. The officers, according to the rank assigned them by governor Harrison, and which they held on the 7th day of November, one thousand eight hundred and eleven, the non-commissioned officers and soldiers, of the volunteers or militia, who served in the said campaign, and who were killed or died of wounds received in said service, leaving a widow, or if no widow, shall have left a child or children, under the age of sixteen years, such widow, or if no widow, such child or children shall be entitled to and receive the half of the monthly pay to which the deceased was entitled at the time of his death, or receiving the wound of which he died, for and during the term of five years; and in case of the death or intermarriage of such widow, before the expiration of the term of five years, the half pay, for the remainder of the term, shall go to the child or children of such deceased officer or soldier, whilst under the age of sixteen years; and in like manner the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: Provided, That no greater sum shall be allowed in any case to the widow, or to the child or children of any officer, than the half pay of a lieutenantcolonel.(3) 2550. Every officer, according to the rank which he held as aforesaid, non-commissioned officer, and private, of the volunteers and militia, who served in the said campaign, and who have been disabled by known wounds received in said service, shall be placed on the list of invalids of the United States, at such rate of pension as shall be directed by the president of the United States, upon satisfactory proof of such wound and disability being produced to the secretary of war, agreeably to such rule as he may prescribe: Provided, That the rate of compensation for such wounds and disabilities shall never, for the highest disability, exceed half the monthly pay of such officer, at the time of being so wounded or disabled, and that the rate of compensation to a non-commissioned officer and private, shall never exceed five dollars per month; and all inferior disabilities shall entitle the person so disabled to receive a sum in proportion to the highest disability; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant-colonel.(4) 2551. If any commissioned officer of the militia, or of any volunteer corps, (1) Act 16th March, 1802, sec. 15.January 11th, 1812, sec. 15. (2) Act 25th April, 1808, sec. 4. (3) Act 10th April, 1812, sec. 2. shall, while in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the death of such child or children.(1) 2552. If any officer, non-commissioned officer, musician, or private of the militia, or of any volunteer corps, shall be disabled by known wounds received in the actual service of the United States, while in the line of his duty, he shall, upon substantiating his claim, in the manner described by an act, entitled, "An act to provide for persons who were disabled by known. wounds received in the revolutionary war," passed the tenth day of April, one thousand eight hundred and six, be placed on the list of invalids of the United States, at such rate of pension, and under such regulations as are provided by the said act, or as may hereafter be provided by law: Provided always, That the compensation to be allowed for such wounds or disabilities, to a commissioned officer, shall not exceed for the highest rate of disability, half the monthly pay of such officer at the time of his being wounded or disabled, and that no officer shall receive more than the half pay of a lieutenant-colonel; and that the rate of compensation to non-commissioned officers, musicians, and privates, shall not exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the persons so disabled, to receive an allowance proportionate to the highest disability.(2) 2553. When any officer or private soldier of the militia, including rangers, sea fencibles and volunteers, or any non-commissioned officer, musician or private, enlisted for either of the terms of one year or eighteen months, or any commissioned officer of the regular army, shall have died while in the service of the United States, during the late war, (1812,) or in returning to his place of residence, after being mustered out of service, or who shall have died at any time thereafter, in consequence of wounds received whilst in the service, and shall have left a widow, or if no widow, a child or children, under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; and in case of death or intermarriage of such widow before the expiration of said five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided always, That the secretary of war shall adopt such forms of evidence in applications under this act, as the president of the United States may prescribe: Provided also, That the officers and private soldiers of the militia, as aforesaid, who have been disabled by wounds or otherwise, while in the service of the United States in the discharge of their duty, during the late war, shall be placed on the list of pensioners in the same manner as the officers and soldiers of the regular army, under such forms of evidence as the president of the United States may prescribe: Provided also, That the provisions of this act shall not extend to any person embraced in the provision of an act, entitled, "An act to provide for the widows and orphans of militia slain, and for militia disabled in the service of the United States," passed the second day of August, one thousand eight hundred and thirteen.(3.) (1) Act 2d August, 1813, sec. 1. (2) Ibid. sec. 2. (3) Act 16th April, 1814, sec. 1. 2554. The widows and orphans of the militia who have been called inte [the] service of the United States since the said first day of September, eighteen hundred and seventeen, or who hereafter may be called into the said service, in prosecuting said (Seminole) war, and who may have died or been killed, or hereafter may die or be killed, in such service, shall be entitled to the same half pay, for five years, and pensions allowed by the laws now in force, to the widows and orphans of the militia who died or were killed in the service of the United States during the late war with Great Britain.(1) 2555. All persons of the ranks hereinafter named, who are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to and receive for disabilities of the highest degree, the following sums in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; and a noncommissioned officer, musician or private, eight dollars per month; and for disabilities of a degree less than the highest, a sum proportionably less.(2) All persons of the aforesaid ranks who may hereafter be placed on the military pension roll of the United States, shall, according to their ranks and degrees of disabilities, be placed on the aforesaid rates of pensions in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person, who by special provision is entitled to a higher pension than is herein provided.(3) 2556. All laws and regulations relating to the admission of the officers and soldiers of the regular army to be placed on the pension roll of the United States, shall, and they are hereby declared to relate equally to the officers and soldiers of the militia whilst in the service of the United States.(4) 2557. The volunteers or militia, who have been or who may be received into the service of the United States, to suppress Indian depredations in Florida, shall be entitled to all the benefits which are conferred on persons wounded or otherwise disabled in the service of the United States. (Like provision is made by sec. 5, Act 23d May, 1836.)(5) When any officer, non-commissioned officer, artificer, or private, of said militia or volunteer corps, who shall die in the service of the United States, or returning to his place of residence after being mustered out of service or at any time in consequence of wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of said dece dent: Provided always, That the secretary of war shall adopt such forms of evidence, in applications under this act, as the president of the United States may prescribe.(6) 2558. When any officer, non-commisioned officer, musician or private of the militia, including rangers, sea fencibles, and volunteers, shall have died while in the service of the United States, since the twentieth of April, eighteen hundred and eighteen, or who shall have died in consequence of a wound received whilst in the service, since the day aforesaid, and shall have (1) Act 20th April, 1818, sec. 2. (2) Act 24th April, 1916, sec. 1. (3) Ibid. sec. 2. (4) Ibid. sec. 3. (5) Act 19th March, 1836, sec. 4. |