BOUNTY LANDS, (continued.) ..... claimed on a warrant issued for a greater number of acres than may appear to be due, until the true amount can be ascertained. Scrip for revolutionary land warrants may be issued; and for that purpose the first section of the act of May 30, 1830, is now in force... Land scrip issued in satisfaction of military bounty land warrants must be regarded as real estate, and to go upon the death of the holder to the heirs-at-law, and not to the executors and administrators.. Scrip may be issued on a Virginia land warrant dated subsequent to September 1, 1835, in cases where it shall appear that such warrant is not an original one, but was only issued in place of one issued improvidently to wrong heirs prior to September 1, 1835, and cancelled by Virginia, as it is in the nature of an exchange warrant, and may be treated as if issued within the time provided by law... The heirs of Captain Kirkwood, who entered the revolutionary service in the Delaware regiment, in the year of 1776, and continued in service until the end of the war, are entitled to scrip on a warrant issued for three hundred acres of land on account of his services, whether they were properly entitled to scrip on a warrant for four thousand acres issued by the executive of Virginia or not.... It appears that, by a construction given to certain acts and resolutions of Congress, and of Virginia, such of the troops from other States as were, in the course of the war, attached to the Virginia State establishment, and continued in service to the end thereof, were entitled to the same bounty from Virginia as if they were originally raised in that State.. Page. 1034 1129 1221 1300 1338 1338 1338 In case the Secretary of the Treasury shall have any good reason to believe that such warrants have been issued in error or mistake, he may suspend the issue of scrip ; or, if issued, cause measures to be taken to have it cancelled.. An administrator has no right to demand land scrip under the act of May 30, 1830... 1492 The administration law of Georgia has nothing to do with lands lying without the limits of the State which are governed by the lex loci.... Discharged soldiers who have once elected to take treasury scrip instead of bounty lands, and have obtained the requisite certificate therefor from the Commissioner of Pensions, cannot afterwards be permitted to surrender such scrip and obtain a warrant for lands instead.... 1492 The act of 11th February, 1847, gives to the soldier but one election; and when that 1893 1893 1939 1939 1942 The provision allowing bounty lands to the soldiers was intended to operate on the public lands which are subject to sale at the minimum price. Soldiers who enlisted during the war with Mexico for twelve months, but who, without having been wounded or sick, were honorably discharged by General Taylor, are not entitled to bounty lands under the act of 11th February, 1847. Surviving sisters of the half-blood of deceased soldiers, who, at their demise, were entitled to bounty lands from the government, are equally entitled with the brothers and sisters of the whole-blood to receive such bounty, or the money in its stead.... 1967 The act makes no distinction between relatives of the whole-blood and those of the half-blood. A soldier who enlisted into the army in 1846, for the term of five years, and served until April, 1849, when, in consequence of the reduction of the army after the termination of the war with Mexico, he was honorably discharged, against his own wishes, is entitled to the bounty land provided by the 9th section of the act of 4th February, 1847.. 1967 2037 The 9th section of that act embraces those of the regular army enlisted for twelve months or for a longer period; volunteers regularly mustered into a volunteer company, who served during the war, and have been honorably discharged; those killed, or who died of wounds received or by sickness incurred in the course of their service; and those who were discharged before the expiration of their term of service, in consequence of wounds received or sickness incurred in the course of their service.. 2037 The entire portion of the marine corps, whether they served on ship-board or land, on the Mexican coast or in the interior, in the Mexican war, are to be considered, within the true meaning of the resolution of the 10th of August, 1848, as having "served with the army in the war with Mexico," and are entitled to the bounty land and other remuneration which that resolution provides... 2042 But in awarding it to such of the corps as may have received prize-money, such money should be carried, in the account, to the credit of the government; or, when not received, should be released... ..... 2042 BOUNTY LANDS, (continued.) Soldiers entitled to bounty lands under the act of 11th February, 1847, but who have not received warrants therefor, cannot dispose of their rights to such land or scrip by will.. The statute expressly directs, in cases of the death of soldiers before their warrants shall have issued, that they shall be issued in favor of, and enure to, the benefit of their families or relations, according to certain rules of priority; and further provides that the land shall not be in any wise affected or charged with, or subjected to, the payment of any debt or claim incurred by such soldiers prior to the issuing of such certificates or warrants. BOURIE, JOHN B.... BRACKEN, CHARLES. BRADFORD, JAMES. BRANDLY, ABRAHAM.. BREACH OF BLOCKADE.... BREVET COMMISSIONS, RANK AND PAY. Page. 2148 2148 1819 1688 * 661 1795 1218 There is no act of Congress now in force which recognises any such office as that of brevet major of marines... The act of 3d March, 1817, fixing the peace establishment of the marine corps, not having retained any majors in service, the brevets theretofore conferred were thereby made to cease with the termination of the lineal rank of majors by commission... Generals Gaines and Scott being major generals by brevet, and brevets being recognised in the act of July 6, 1812, which has been continued in practice since the return of peace, and having commands according to their brevet rank, are entitled to the pay of major generals.... Whether General Macomb is entitled to the brevet pay of brigadier general, depends upon whether he has a command according to his brevet rank. But, what a command according to brevet rank is, the law does not decide; but the same is left to be determined by the regulations of the army...... The opinion of the Attorney General of the 29th December, 1821, was founded on the act of the 16th of April, 1818, and the army order of the 8th of May following, founded thereon and giving construction to it. The repeal of the section of the act of the 24 March, 1821, which sustained the army order, removes one of the grounds upon which it was suggested that Generals Scott and Gaines were in command of divisions, and leaves that fact to be settled by the Department of War........ If they are in command of divisions according to the arrangement of troops on the peace establishment, they are, nevertheless, by force of the act of the 16th April, 1818, entitled to the pay and emoluments of their brevet rank... Captain Wainwright, of the marine corps, having served ten years in the grade of captain, and having applied for brevet promotion under the act of 16th April, 1814, the question is presented, whether, since the act of 3d March, 1817, fixing the peace establishment of the marine corps, and abolishing the office of major in the same, the President can confer the brevet of major at all? and if so, whether it should rot be the brevet of major in the army?-HELD, that the only brevet rank of major which the President can confer, is that of brevet major in the army of the United States..... If it shall be deemed expedient to confer upon a captain of marines the brevet rank of major in the army, then he is entitled, if entitled at all to promotion, to the brevet rank of lieutenant colonel in the marine corps. 227 318 242 356 368 368 376 376 Brevet rank takes effect whenever, by special assignment, the brevet officer is invested with a separate command, comprising troops of different corps, at a particular post. 394 The provisions of the act of July 6, 1812, authorizing the President to confer brevet rank on such officers of the army as shall have served ten years in any one grade apply to brevet officers generally, and such as have been brevetted for gallant services.. The service actually rendered for ten years in any one grade, being the ground of promotion, any officer performing it for that term, whether he holds the grade by commission or by brevet, is entitled to promotion... 426 426 For the views of the Attorney General at length on the subject of brevets, he refers the Secretary of War to his opinion given April 5, 1824. 527 The ten years' service in one grade, mentioned in the act of July 6, 1812, as given to be one of the meritorious grounds for a brevet, (if there be no practice to the contrary,) must be a service for ten continuous years... 527 The act authorizing the President to confer brevets is not mandatory. It does not command him, it merely authorizes him to confer brevet rank in certain cases, and the cases are within his sound discretion to say whether the gallant actions, meritorious conduct, and the service of ten years in one grade, have been sufficiently important to deserve the mark of distinction. 527 BREVET COMMISSIONS, ETC., (continued.) Page. The act of 1818 allows pay to brevetted officers having commands according to their brevet rank; but the order of the Secretary of War provides that they shall have a command equal to double their ordinary or regimental command; which order conflicts with the act, and is therefore of doubtful validity.. Brevet pay must, nevertheless, be limited to those "who are on duty and have a command according to their brevet rank," according to the language of the act, and cannot be legally extended to those whose command is double that which their regimental rank habitually authorizes, but which is at the same time not according to that to which their brevet rank entitles them... A brevet major, whilst in command, according to his brevet rank, of a fort, being detailed to sit as major on a court martial, is entitled to his brevet pay for the period employed in the court, provided it shall be found that, according to military usage, he was at the same time in command of the fort... 626 626 909 942 .942 The acts of Congress on the subject of brevet pay allow such pay only from the time when the brevet commission was actually conferred.... The applicant for brevet pay seems to have an equitable claim, but his only remedy is by application to Congress. To entitle a brevet brigadier general to pay according to his brevet rank, he must be 1020 BROCChus, P. E........ The brevet commissions issued by the President, on the 28th of June, 1848, to cer- BRIAN, BRICE, JACOB. BRIBERY. (See Crimes and offences.). 1021 1965 1965 1968 863 133 1993 BROOKLYN, contract for lands at. 1960 BROOKLYN DRY-DOCK. The contract of the navy agent at New York, with the Messrs. Benson, for piles for the dry-dock at Brooklyn, to be delivered after Congress should make further appropriations, is not valid or binding on the department... Such contracts, in advance of appropriations, were prohibited by the 6th section of the act of 1st May, 1820.. Where the Auditor of the Post Office Department was authorized to audit and settle the accounts of J. F. Caldwell for carrying the mails, if the Attorney General should be of opinion that the Postmaster General had not the right, under the contract with him, to make certain alterations in the mode of transporting them; and the question being submitted to the Attorney General for instructions to the Auditor concerning the authority of the Postmaster General to change the time, frequency, and mode of transporting the mails-DECIDED, that as the contract reserved the right to discontinue the route whenever he should deem it useless, upon notice and the al CALDWELL, J. F., (continued.) Page. lowance of one month's extra pay, and as he concluded to discontinue it only a portion of the time, the contractor had an option, as soon as he received his notification, to renounce it entirely and receive his month's pay in advance..... But as he preferred going on with the service on the new terms, he has nobody to blame but himself; and he is only entitled to be paid for the services he has actually rendered 1562 1562 238 888 CALVERT, SUSAN.... CAPTURES must be determined upon competent evidence, and no rules for determining See Prizes.. CANTAL VS. CLINTON. 17 17 17 1218 17 832 The recipocity act of 1817 does not permit even an indirect carrying trade by foreign ships. Belgian vessels carrying hides and wool from Buenos Ayres to Boston come within the prohibitions of, and are subject to the forfeitures denounced by the act.. 1513 CARTER, FARISH. The first section of the act for the relief of Colonel Carter assumes that his account for salt has been settled and paid, and provides for the immediate payment of a gross sum of $1,860, in addition to the amount before received, without authorizing the accounting officers to reopen the former account or to re-adjust it. It is therefore a provision by itself, and should be so considered in reference to other matters provided for in said act.. The second section provides for the settlement of various other accounts, i. e. those accounts only which on the 2d March, 1833, were unadjusted and unsettled between him and the government... In settling these accounts the accounting officers may proceed and settle any one or more of the separate accounts referred to in the papers, for the claimant is entitled to such a settlement... How far it may be proper to make partial settlements of either of the separate accounts is a question of convenience and discretion; but it occurs to the Attorney General that what may be required by justice and equity in respect to the accounts under each contract, cannot very well be ascertained without a view of all the claims which it is intended to present under it.. But in adjusting the unsettled claims and accounts presented under the act in ques- The opinion of the Attorney General of 23d ultimo (ante, p. 904) reconsidered and 904 904 904 904 904 911 ... 911 The several sums which may be allowed under the act for his relief should be credited in the above-mentioned general account; and the balance, either for or against him, should be certified in the usual manner. Private or extrajudicial caveats lodged with the commissioner of loans, when founded on some specific claim or lien on the stock created by the proprietor himself, ought to be respected... 594 So also should the process of the courts be respected.. 594 99 The owners of a vessel chartered to the Navy Department, for the purpose of carrying provisions and naval stores to Malta and Syracuse, without stipulations in the charter-party to furnish any particular or special papers, captured by a Spanish privateer on the ground that the vessel was carrying naval stores to the port of an enemy of Spain, the voyage and risk being fixed by the charter-party and freight charged accordingly, are liable for the loss sustained by the capture... Where a vessel was chartered by the navy agent to convey certain supplies to the Pacific, with stipulations to proceed first to Valparaiso to receive orders as to the discharge of her cargo; and then, in conformity to such orders as should be there received, either to discharge the cargo there, or proceed to Lima and discharge there-HELD, that the charter-party contemplated only one port of delivery...... 940 A portion of the freight having been discharged at Valparaiso and the balance at Lima, a case has occurred which was not provided for nor contemplated in the contract, and which ought to be settled by the general rules of law and equity, aided by the analogous provisions contained in the special agreement.... In the case under consideration, the ship owner is entitled, at his option, to consider either Valparaiso or Lima the port of delivery, and to apply to the case, after making his election, the special provisions of the charter-party. The owners of vessels chartered for the purpose of transporting Indians from Florida, but not employed for that purpose, are legally entitled to the stipulated demurrage and the actual damage occasioned by the non-fulfilment of the con tracts.... 940 940 1152 The owners of a steamboat chartered to take troops and stores from Pittsburg to Fort Smith, on the Arkansas river, at two hundred and thirty dollars per day, until discharged, and which, after having been discharged, was detained at Cincinnati on its way back, on account of low water, are not entitled to pay for that detention.... 1523 The United States had nothing to do with the steamboat after the charter-party was satisfied with the landing of the passengers, or the discharge thereof by the Assistant Quartermaster. This case is res judicata. . Where a vessel was chartered by the United States for three months, and longer if required, at nine hundred dollars per month, to transport a cargo from Philadelphia to the island of Lobos, at the costs and charges of the owners, who covenanted that she was sea-worthy, &c.; and having received her freight, proceeded as far as the Delaware breakwater, where she sunk and lost the entire cargo ; and, about two months after, was raised and tendered to an agent of the Government at Philadephia, for the purpose of fulfilling the charter-party; and the owners having received payment from date of contract until she went down, making claim, under the charter-party, for freight afterwards-DECIDED, that the claim was not admissible.... There having been no cargo to be forwarded after the wreck, and it being impracticable to raise and repair the vessel in season to reach the place of destination before the expiration of the time stipulated for the service, it cannot be maintained that the subsequent tender was equivalent to performance, or constituted the ground of any valid claim for freight.... Where a vessel was chartered by the United States for a period of not less than three months, to be employed in transporting troops, animals, and stores to and from such places, ports, and roadsteads in the Gulf of Mexico as might be required, at one hundred dollars per day, from a certain date to her sailing for the island of Lobos, and three thousand dollars for the run from Brazos Santiago to the said island, where twelve days were to be allowed for unlading, and after that time to be paid for at the rate of one hundred dollars per day for the balance of the three months, at the expiration of which she was to be discharged; but, having arrived at Lobos, was immediately ordered to Vera Cruz, where her cargo was discharged; and claim being made for the per diem allowance after she left Lobos -DECIDED, that it is very clear that the owners became entitled to one hundred dollars per day during the whole period of three months, except the time occupied in the run from Brazos Santiago to the island of Lobos.... 1523 1523 1952 1952 1954 |