Chapter 92. to amend an act entitled “An act to provide for the master and pay of certain officers and enlisted men of the volunteer forces,” approved June third, eighteen hundred and eighty-four
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CHAP. 92.— An Act to amend an act entitled “An act to provide for the master and pay of certain officers and enlisted men of the volunteer forces,” approved June third, eighteen hundred and eighty-four.Feb. 3, 1887. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Date of commission to certain volunteer officers. That section one of “An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces,” approved June third, eighteen hundred and eighty-four, be, and is hereby, amended so as to read as follows:
" “That the joint resolution approved July eleventh, eighteen hundredVol. 23, p. 34.Vol. 16, p. 385.Vol. 14, p. 368. and 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 casses arising under the same any person who was duly appointed and commissioned, whether bis commission was actually received by him or not, shall be considered as commissioned to the grade therein named from the date from which he was to take rank under and by the terms of his said commission, and shall be entitled to all pay and emoluments as if actually mustered atTo receive pay, etc., from date of commission.*Provisos*.If vacancy existed, or duties were, performed. that date: *Provided*, That at the date from which he was to take rank by the terms of his commission there was a vacancy to which he could be so commissioned and that he was actually performing the duties of the grade to which be was so commissioned, or, if not so performing such 378 duties, then from such time after the date of his commission as he may have actually entered upon such duties: *And prodded further*, That any Prisoners of war or disabled officers.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 actually mustered at such date: *And provided further*, That this act and the resolution hereby Application.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 commands were not below the minimum number required by existing laws and regulations: *And provided further*,Pay received to be deducted.
That the pay and allowances actually received shall be deducted from the sums to be paid under this act. " Approved, February 3, 1887.