Chapter 63.
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/statutes-at-large/vol-23/chapter-63-153837·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 63.— An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces.June 3, 1884. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,16 Stat., 385. Officers to be considered of the grade named therein from date commissioned whether receiving commission or not. That the joint resolution approved July eleventh, eighteen hundred arid seventy, entitled “Joint resolution amendatory of joint resolution for the relief of certain officers of the Army,” approved July twenty-sixth, eighteen hundred and sixty-six, is hereby so amended and shall be so construed that in all cases arising under the same any person who was duly appointed and commissioned, whether his commission was actually received by him or not, shall be considered as commissioned to the grade therein named from the date when his commission was actually issued by competent authority, and shall be entitled to all pay and emoluments as if actually mustered at *Proviso*.such date: *Provided*, That at the date of his commission he was actually performing the duties of the grade to which he was so commissioned, or, if not so performing such duties, then from such time after the date, of his commission as he may have actually entered upon such duties:
Prisoners of war, etc., in case of vacancy in grade to which commissioned entitled to pay, etc.*And provided further*, That any person held as a prisoner 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 his commission, if a vacancy existed for him in the grade to which so commissioned, shall be entitled to the same pay and emoluments as if actually performing the duties of the grade to which he was commissioned and *Proviso;* to apply to cases where commission is prior to June 20, 1863, etc.actually mustered at such date: *And provided further*, That this act and the resolution hereby amended shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty-three, or after that date when their com- 35 mands were not below the minimum number required by existing laws and regulations: *And provided further*, That the pay and allowances actually*Proviso* received shall be deducted from the sums to be paid under t his act.
Sec. 2. That the heirs or legal representatives of any officer whoseHeirs, etc., to receive arrears of pay and pension. muster into the service has been or shall be amended hereby shall be entitled to receive the arrears of pay due such officer, and the pension, if any, authorized by law, for the grade into which such officer is mustered under the provisions of this act. Sec. 3. That all claims arising under this act shall be presented toClaims barred after three years. and filed in the proper Department within three years from and after the passage hereof, and all such claims not so presented and filed within said three years shall be forever barred, and no allowance ever made thereon.
Sec. 4. That the pay and allowances of a rank or grade paid to andPay, etc., not to be recovered by reason of defect in title, etc., of appointment. received by any military or naval officer in good faith for services actually performed by such officer in such rank or grade during the war of the rebellion 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.
Approved, June 3, 1884.