15 May 1828 c. 53 4 Stat. 269

CHAP. LIII.- An Act for the relief of certain surviving officers and soldiers of the army of the revolution.

May 15, 1828.

Each of the surviving officers of the revolutionary army in the continental line, to receive pay according to his rank in the line.

Proviso.

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 of the army of the Revolution in the continental line, who was entitled to half pay by the resolve of October twenty-first, seventeen hundred and eighty, be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in said line, according to his rank in the line, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That, under this act, no officer shall be entitled to receive a larger sum than the full pay of a captain in said line.
Money received since Marh 3, 1826, to be deducted. SEC. 2. And be it further enacted, That whenever any of said officers has received money of the United States, as a pensioner, since the third day of March, one thousand eight hundred and twenty-six, aforesaid, the sum so received shall be deducted from what said officer would otherwise be entitled to, under the first section of this act; and every pension to which said officer is now entitled shall cease after the passage of this act.
Every surviving non-commissioned officer, &c., who enlisted in said line during the war, and continued in its service until its termination, to receive full pay.
Proviso.
SEC. 3. And be it further enacted, That every surviving non-commissioned officer, musician, or private, in said army, who enlisted therein for and during the war, and continued in service until its termination, and thereby became entitled to receive a reward of eighty dollars, under a resolve of Congress, passed May fifteenth, seventeen hundred and seventy-eight, shall be entitled to receive his full monthly pay in said service, out of any money in the treasury not otherwise appropriated; to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided: That no non-commissioned officer, musician or private in said army, who is now on the pension list of the United States, shall be entitled to the benefits of this act.
How to be paid SEC. 4. 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 or soldier entitled thereto, or to their authorized attorney, at such places and days as said secretary may direct; and that no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same, until he furnish to said secretary satisfactory evidence that he is entitled to the same in conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act.
said pay as accrued by the provisions of this act before March 3, 1828, to be paid to officers, &c. SEC. 5. And be it further enacted, That so much of said pay, as accrued by the provisions of this act, before the third day of March, eighteen hundred and twenty-eight, shall be paid to the officers and soldiers entitled to the same, as soon as may be, in the manner and under the provisions before mentioned; and the pay which shall accrue after said day, shall be paid semi-annually, in like manner, and under the same provisions.
APPROVED, May 15, 1828.
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