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THOMAS JOHNSON, Esq; Governor.
he has received, or may receive, out of the net profits of such prize,
before a dividend
is made of the same, agreeable to the orders of congress, shall be considered
as part of his half pay, and computed accordingly. |
1778.
CHAP.
XIV. |
IV. And be it
further enacted, That every commissioned officer, non-commissioned
officer, and private soldier, in the army, and every commander, commissioned
officer, warrant officer, marine or seaman, of any of the ships of war
or
armed vessels belonging to the United States of America, who have been
or shall
be wounded in any engagement, so as to be rendered incapable of serving
in the
army or navy, though not totally disabled from getting a livelihood, and
who, at
the time of entering into the service of the said States, was or shall
be enlisted or
recruited by this state, shall receive such monthly sum as shall be adjudged
adequate
by the justices of the orphans court of the county in which such commissioned
officer or private soldier of the army, or commander, commissioned officer,
warrant officer, or seaman, of the navy, shall reside; provided the same
doth not
exceed his half pay. |
Officers, &c.
not totally disabled,
to receive
a sum
monthly, &c. |
V. And be it
enacted, That the justices of the orphans courts in the several
counties of this state shall, and they are hereby authorised and empowered,
at
the meeting of the said orphans court, once in every quarter of the year,
on application
made to them by any person, agreeable to the direction and meaning of this
act, to draw on the treasurer of the western or eastern shore of this state,
for such
sum or sums of money as may be necessary for answering the purposes aforesaid,
and so to renew such orders quarterly, during the lives of the said persons
entitled
to receive their half pay as aforesaid, and during such time as the said
justices
shall deem such persons not totally disabled as aforesaid, entitled to
receive the
allowance by them directed to be made as above mentioned, which the treasurer
is hereby required to pay and discharge. And, for the better charging
the said
United States therewith, so that the same may be brought into a general
account,
the justices of the said courts are hereby enjoined to cause due entries
to be made
in their proceedings, of the name or names of all persons to whom draughts
or
orders shall be given in pursuance of this act; also of their places of
residence, in
what regiment or company they served, the engagement or action in which
they
received their wound, and the sums allotted them; also of the death of
such disabled
person, or ceasing of such allowance; an account of all which they shall
transmit, or cause to be transmitted, to the governor and council, on or
before the
first day of May in every year, on pain of forfeiting, for every failure
herein, the
sum of twenty pounds current money; a copy of which account the said governor
and council are hereby required to transmit quarterly to the secretary
of congress or
board of war, in order that a separate record may be there kept of the
same. |
Justices of orphans
courts
to draw on
the treasurer,
&c. |
VI. And be it
further enacted, That no commissioned officer, non-commissioned
officer, or private soldier, of the army, commander, commissioned officer,
warrant officer, marine or seaman, of any of the ships of war or armed
vessels of
the United States, shall be entitled to his half pay, or other allowance,
unless he
produce to the justices of the said orphans court, a certificate from the
commanding
officer, who was in the same engagement in which he was so wounded, or
in
case of his death, from some other officer of the same corps, and the surgeon
that attended him, or a certificate from the commander of the ship of war
or
armed vessel engaged in the action, in which any officer, marine or seaman,
received
his wound, or, in case of his death, from some other officer of the same
ship or vessel, and the surgeon who attended him, of the name of the person
so
wounded, his office, rank, department, regiment, company, ship of war or
armed
vessel, to which he belonged, his office or rank therein, the nature of
his
wound, and in what action or engagement he received it; which certificates
the said
justices are hereby directed to cause to be registered, as well as all
other proceedings
by them to be done in virtue of this act, in a book by them to be kept
for that purpose,
under the penalty for every neglect thereof of twenty pounds current money. |
No officer,
&c. to have
half pay, unless
he produces
a certificate,
&c. |
VII. And,
whereas doubts may arise in some cases, whether certain persons
maimed or disabled, and claiming pensions, were at the time in the service
of the |
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