United States Statutes at Large/Volume 4/22nd Congress/1st Session/Chapter 126
Chap. CXXVI.—An Act supplementary to the “Act for the relief of certain surviving officers and soldiers of the revolution.”
Act of May 15, 1828, ch. 53.
All who have served two years, to receive full pay according to their rank, not to exceed captain’s pay.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each of the surviving officers, non-commissioned officers, musicians, soldiers and Indian spies, who shall have served in the continental line, or state troops, volunteers or militia, at one or more terms, a period of two years, during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the revolution, passed the fifteenth day of May, eighteen hundred and twenty-eight, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in the said line,Post, p. 608.
Post, p. 612. according to his rank, but not exceeding, in any case, the pay of a captain in the said line; such pay to commence from the fourth day of March, one thousand eight hundred and thirty-one, and shall continue during his natural life; and that any such officer, non-commissioned officer,All who have served not less than six months, to receive an annuity proportioned to term of service. musician, or private, as aforesaid, who shall have served in the continental line, state troops, volunteers or militia, a term or terms in the whole less than the above period, but not less than six months, shall be authorized to receive out of any unappropriated money in the treasury, during his natural life, each according to his term of service, an amount bearing such proportion to the annuity granted to the same rank for the service of two years, as his term of service did to the term aforesaid; to commence from the fourth day of March, one thousand eight hundred and thirty-one.
No one already a pensioner to receive benefits of this act, until he relinquished former pension.Sec. 2. And be it further enacted, That no person, receiving any annuity or pension under any law of the United States providing for revolutionary officers and soldiers, shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension; and in all payments under this act, the amount which may have been received under any other act as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment.
Where to be paid.
Post, p. 605.
No foreign officer entitled, &c.Sec. 3. And be it further enacted, That the pay allowed by this act shall, under the direction of the Secretary of the Treasury, be paid to the officer, non-commissioned officer, musician or private, entitled thereto, or his or their authorized attorney, at such places and times as the Secretary of the Treasury may direct, and that no foreign officer shall be entitled to said pay, nor shall any officer, non-commissioned officer, musician or private, receive the same until he furnish the said SecretaryEvidence of title.
Pay not transferable, &c. satisfactory evidence that he is entitled to the same, in conformity to the provisions of this act; and the pay hereby allowed shall not be in any way transferable or liable to attachment, 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.
Payments when to be made.Sec. 4. And be it further enacted, That so much of the said 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;In case of death to widow or children. 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.
Service in navy to entitle to benefits of this act.Sec. 5. And be it further enacted, That 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.
Approved, June 7, 1832.