Page:United States Statutes at Large Volume 29.djvu/623

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FIFTY-FOURTH CONGRESS. Sess. II. CHS. 311, 312. 1897. 593 CHAP. 311.-An Act To provide for the relief of certain otheers and enlisted men February 24, 1897. of the volunteer forces. www Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person who was duly X,‘§;‘;_;°f,§;k° mak appointed or commissioned to be an oillcer of the volunteer service dur- by terms of appoint ing the war of the rebellion, and who was subject to the mustering '“°“°‘ regulations at the time applied to members of the volunteer service shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date irom which he was to take rank under and by the terms of his said appointment or commission, whetl1er the same was actually received by him or not, and shall be entitled to pay, emoluments, and Pay. pw- - pension as if actually mustered at that date: Provided, That at the gmfkmmm date from which he was to take rank by the terms of his said appoint- g;¢;‘*°¤¤¤¤¤¤f¤¤¤l¤· ment or commission there was a vacancy to which he could be so ` appointed or commissioned, and his command had either been recruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon such duties: Provided further, That any person held as a pris— d£g•¤ <>f*•*·¤¤‘ oner of war, or who may have been absent by reason of wounds, or in ' hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commission, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the benefits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Provided further, That this Act shall be construed to apply only in those I·**¤i°°*i°¤· cases where the commission bears date prior to J uue twentieth, ei ght~ een hundred and sixty-three, or after that date when the commands of the persons appointed or commissioned were not below the minimum number required by then existing laws and regulations: And provided further, That the pay and allowances actually received for the period m];g*j:g**°¤ ¤* PW covered by the recognition extended under this Act shall be deducted ` from the sums otherwise to be paid thereunder. Sec. 2. That the heirs or legal representatives of any person whose Allowance it mm. muster into service shall be recognized and established under the terms of this Act shall be entitled to receive the arrears of pay and emoluments due, and the pension, if any, authorized by law, for the grade to which recognition shall be so extended. Sec. 3. That the pay and allowances of any rank or grade paid to and _°¤r;;cj:d·m:n<:_;¤; if received by any military or naval officer in good faith for services P° ` actually performed by such officer in such rank or grade during the war of the rebellion, other than as directed in the fourth proviso of the iirst section of this Act, shall not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed. Sec. 4. That all acts and parts of acts inconsistent with the provi- R°P°=*‘·°*°· sions of this Act be, and the same are hereby, repealed. Approved, February 24, 1897. CHAP. 312.-An Act Providing for the erection of a light-house at Orient Point, February 24, 1897. Long Island, New York. ""'"""" Be it enacted by the Senate and House of Representatives of the United mm P0_ , Y Y States of America in Congress assembled, That the Light-house Board is Light-h0uls!;,esml;· hereby authorized and directed to erect a Light-house, with fog signal, “¤l¤°d· srsr L—voL 29.-38