found that the laws now in force concerning pensioners, are very defective:

Auditors to

11. Be it therefore enacted by the General Assembly, That the auditors of public accounts be, and they are hereby authorized and directed, to make out in a book make out list to be kept for that purpose, on the first day of Janua- of pensioners ary, in every year hereafter, a complete list of all officers, soldiers, and seamen, who having served in the army or navy of the United States, or in the militia in the service of the United States, and have been disabled in such service, who now are or hereafter may be on the pension list. In this list shall be expressed the pay, age, and disability of each invalid; also, the regiment, corps, or ship, to which he belonged, together with the changes which may happen, from year to year. A copy of this list shall annually, as soon as may be, after the day above-mentioned, be transmitted to the executive, who shall transmit a duplicate thereof to the secretary at war, as directed by the act of congress aforesaid.

What the

lists shall spe

cify.

to entitle to a

pension.

III. And be it further enacted, That no officer, soldier, or seaman, who has been disabled in the ser- What degree vice of the United States, or of this commonwealth, of disability shall, after the passing of this act, be considered as an invalid, or entitled to a pension, unless he is so disabled as to be incapable of military duty, or of obtaining a livelihood by labour, and can produce a certificate from the commanding officer, or surgeon, of the regiment, ship, corps, or company in which he served, or from a physician or surgeon of a military hospital, or other good and sufficient testimony, setting forth his disability, and that he was thus disabled while in service. All commissioned officers within the Rate of penaforesaid description, disabled in the service of the sions. United States, or of this commonwealth, in the army, navy, or militia, so as to be wholly incapable of military duty, or of obtaining a livelihood, shall be allowed a yearly pension, equal to half of their pay, respectively; and all commissioned officers, as aforesaid, who shall not have been disabled in so great a degree, shall be allowed a yearly pension, which shall correspond with the degree of their disability, compared with that of an officer wholly disabled. All non-commissioned officers and privates, within the aforesaid description, disabled in either service, as aforesaid, so

ecutive to ad

mit on the

as to be wholly incapable of military duty, or of obtaining a livelihood by labour, shall be allowed a sum not exceeding five dollars per month; and all noncommissioned officers and privates, who shall not have been disabled in so great a degree, shall be allowed such a sum as shall correspond with the degree of their disability, compared with that of a non-commissioned officer or private wholly disabled.

IV. And be it further enacted, That the governor, Power of ex with advice of council, be, and he is hereby authorized and directed, to examine all claimants of pensions, as pension list. aforesaid, and upon finding any person to be an inva◄ lid, and that he was disabled while in service, to give him a certificate thereof, specifying the regiment, corps, or ship or other vessel, to which he belonged, and whether he was in the service of the United States, or of this commonwealth, when disabled, together with the degree of disability, and the pay to which he is entitled: a duplicate of which certificate, shall be transmitted to the auditors of public accounts, who shall thereupon enter such invalid on the pension list as heretofore. And in case of any claimants being so disabled or remote from the seat of government, as to render a personal attendance there too burthensome and inconvenient, the executive shall upon satisfactory proof thereof, and having sufficient evidence in their opinion, on which to found any certificate directed by this act to be given, grant such certificate, notwithstanding the non-attendance of the claimant.

e'erks of

V. And be it further enacted, That the auditors Auditors to transmit lists shall, annually, before the last day of March, transmit of pensioners to the clerks of the several counties in this state, a gen annually to eral list of pensioners; and every pensioner shall, ancounty courts nually, in May or June, apply in person, or if an orphan, by his or her guardian, to the court of the county wherein he or she resides, and exhibit the certificate upon which his or her claim is founded, and make oath that he or she is the person to whom it was given; or where such person shall be unable to attend, he or she shall make the like oath before a magistrate; and the be identified court upon comparing the certificate with the list transbefore coun- mitted from the auditors, and finding it to be right, ty courts, and shall order it to be recorded, and direct the sheriff' paid by sheriffs. to pay the pension; a copy of which order shall be given the pensioner: Whereupon the sheriff shall make payment thereof, and take a receipt upon the

Pensioners to

said order, and be entitled to credit for the same in the settlement of his account with the auditors. And to the end, that all invalids who have heretofore been put on the pension list, may regularly have certificates thereof, and be enabled to conform to the regulations in this act prescribed,

ed by gov.

VI. Be it enacted, That every such invalid having Pension cer a certificate, such as is above directed, shall apply to tificates to be the governor, who, upon examination, and finding countersignthe same to be true, shall affix his counter signature thereto; or having no such certificate, shall in like manner make application and obtain one, specifying when he was put on the pension list.

ernor.

Executive

VII. And be it further enacted, That the executive shall be, and they are hereby authorized, to grant cer- authorised to tificates for admission to the pension list, with such al- place widows lowances as to them shall seem just, the widows and and orphans orphans of all officers, soldiers, and seamen, who died on pension in the service of the United States, or of this commonwealth, in the army, navy, or militia, upon certificates from the court of the county in which they reside respectively, of their being widows or orphans of such officers, soldiers, or seamen, as the case may be: Provided, That no such allowances shall be made except indigency of circumstances shall render the same neeessary. And to the end, that all invalid's widows and orphans who now are or hereafter may be on the pension list, may from time to time liave their several allowances, adapted to the degrees of disability of the former, and necessities of the two latter, or dismissed from the said list, when such allowances become no longer requisite;

and allowan

VIII. Be it enacted, That all pensioners shall un- Pensioners to dergo a re-examination, whenever the governor, with undergo re. advice of council, shall direct; and upon any such re- examination, examination, the executive are hereby authorized and ces incased required, to order the allowance of the pensioner to be or diminished raised or reduced according to his or her real situation; or in case the allowance shall appear to be no longer necessary, in any degree, to order such pensioner to be struck off from the list altogether.

Pensioners

IX. And be it further enacted, That the auditors shall make up accounts of all payments which have properly been or hereafter may be made to invalids for their chargeable to pensions, to the end of the present year, and ought, be charged

VOL. XII.

U. States, to

106

quotas.

against the according to the principles of this act, to be charged to the United States, and that they charge the same against the quotas of the respective years for which such payments may have been made; and all payments of such pensions for any succeeding year, shall be charged in like manner: Provided, That no greater sum than half the pay of any officer shall be charged to the account of the United States. Every act or reLimitation of solution of assembly concerning any matter or thing charge. coming within the purview of this act, shall be, and the same is hereby repealed.

CHAP. XLV.

An act for the reform of certain public Boards.

Reform of 1. FOR introducing reform into the several public public boards boards, and the adoption of such a system as may best accord with prudent œconomy and a due regard to the public interest,

Duties of the 3 auditors specifically defined.

II. Be it enacted by the General Assembly, That from and after the first day of March next, the business of the auditor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of one of the said auditors, assisted by one clerk, to state and bring up all deficiency of public accounts, on the books in the said office, striking the balance on every particular, as well as general head of account stated therein, whether it be for or against the public, up to the last day of December, one thousand seven hundred and eighty-five, inclusive, and collecting and arranging in due order, all the receipts, accounts and vouchers touching the same: It shall be the duty of another of the said auditor's, assisted by one clerk, to examine, state, settle, and audit all accounts, claims, or demands whatsoever against the public, arising under any law or resolution of the General Assembly, and to perform *See vol. 9, all the duties required by the act "For establishing a board of auditors for public accounts,"* or hr any other

pa. 536.

act or resolution of general assembly (except as hereafter is provided for) granting to every public claimant, authorized by law to demand the same, a warrant on the treasurer for the sum due, signed with his own hand and name, and attested in the hand and name of his clerk, making due entry and register of all his daily proceedings in books for that purpose, and carefully arranging, filing and preserving in his office, all accounts, receipts, vouchers, and papers touching the same: It shall be the duty of the remaining auditor, assisted by one clerk, to open a new set of public books, commencing on the first day of January, one thousand seven hundred and eighty-six, in which shall be stated a general account for every public fund created by the laws of appropriation, by way of debt and credit, shewing the annual product and application of each, and the balance thereof, on the last day of December in every year, to be transferred to new account; there shall be also stated an account against the treasurer of the commonwealth, with a general account of the revenue of the commonwealth, in which shall be entered the particular amount of all sums of money, or other things received by the said treasurer, or accruing to the revenue, and to which shall be allowed a credit for all warrants drawn on, or payments made out of any particular fund; a general account shall be also raised of the unfunded debt of the commonwealth, shewing the particular species and amount thereof; as also, particular accounts against the sheriffs, escheators, and clerks of the several counties, and other public collectors, and against all public debtors whatsoever, to the latter of which shall be transferred, all balances appearing due on the public books, either of the auditor's or solicitor's offices, on the first day of January, one thousand seven hundred and eighty-six.

III. And be it further enacted, That from and after Duties of Sothe said first day of March, the business of the solici- licitor's office tor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of the said solicitor, assisted by one clerk, to proceed in the completion of the settlement of the account of this commonwealth with the United States, and to collect and arrange all the papers, vouchers and information respecting the same; the said, solicitor, assisted as aforesaid, shall also proceed in execution of the duties prescrib