LAWS AND ABSTRACTS OF LAWS RELATING TO ARMY AND NAVY PENSIONS, WITH OFFICIAL INSTRUCTIONS, REGULATIONS, AND FORMS, ISSUED BY THE COMMISSIONER OF PENSIONS, IN LIEU OF INSTRUCTIONS, ETC., HERETOFORE PUBLISHED. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1869. DEPARTMENT OF INTERIOR, PENSION OFFICE, August 2, 1869. This pamphlet should be preserved for reference. A strict compliance with the full instructions thereof, in all claims now pending, or for which application may hereafter be made, will generally complete a claim, and render further correspondence with th(e office unnecessary. It is desirable that all the evidence required should, whenever practicable, accompany the application. H. VAN AERNAM, Commissioner of Pensions. CONTENTS. CHAPTER I. Page. CLASSES OF PERSONS ENTITLED, WITH RATES, CONDITIONS, AND LIMITATIONS.. 7 CHAPTER II. MISCELLANEOUS INSTRUCTIONS....................................................... 17 CHAPTER III. EVIDENCE REQUIRED....................................................................... 24 CHAPTER IV. QUALIFICATIONS OF WITNESSES AND MAGISTRATES.................................. 31 CHAPTER V. DECLARATIONS AND OTHER FORMS........................................................ 32 CHAPTER VI. LAWS............................................................................................ 53 CHAPTER I. CLASSES OF PERSONS ENTITLED, WITH RATES, CONDITIONS, AND LIMITATIONS. (Loyalty is presupposed in all cases.) 5 INVALIDS. Any person disabled by reason of a wound received, - L or disease contracted, in the military or naval service of in all claims for the United States, and in the line of duty, who has been iv pensions honorably discharged therefrom. 10 Any pilot, engineer, sailor, or other person, who, while Pilot engineer, sailor, &c., though employed upon a gunboat or war vessel (other than a not mustered. (See sec. 10, act transport or hospital ship) of the United States, though July 14, 1862.) not regularly mustered, has been incapacitated for service. 15 Any person who, while voluntarily serving for the time Unenlisted volunteers. (Seesec. being with any regularly organized military or naval 9, act July 4, 18t4. force of the United States, or in any engagement with rebels or Indians, has been disabled in consequence of wounds received in battle in such temporary service. 20 Any acting assistant or contract surgeon, who, while Acting assistant or contract suractually performing the duties of an assistant surgeon geons. (See sec. with any military force in the field, or in transitu, has2actMar3 been disabled by any wound received or disease contracted. Limitation as to 25 Engineers, firemen, and coal-heavers, in the naval ser- engineers, fir evice, when the disability was incurred subsequent to meaer and coalMarch 31 1842. 2, act Aug. 11, Where, in any of the above-named cases, the disa- Bar by failure to apply within bility has ceased before the filing of the claim, if its the prescribed time. 30 cause originated prior to March 4, 1861, and the claim be not filed within three years from discharge from the service in which the cause originated; or, if it originated since March 4, 1861, and the claim be not filed within five years from the commencement of the disa35 bility: there is no title to pension. When the cause of the disability originated subse- Conditionst ee sential to entitle to quent to July 27, 1868, to entitle to pension, it must pension where disability originahave originated in the line of duty; and, if the person ted subsequent to July 27, 1868. was in the military service, while actually in the field (See sec. 2 of act of said date.) 40 or on the march; or at some post, fort, or garrison; or 8 if in the naval service, was at the time borne on the books of some ship, or other vessel of the United States, at sea or in harbor, actually in commission, or was on his way, by direction of competent authority, to the Tnited States, or to some other vessel or naval station. 5 Renewalofpen- If a pensioner has been stricken from the rolls on sins. account of re-enlistment in the military or naval service of the United States, he can be restored to the rolls after discharge from service under said enlistment, if his disability still exists. 10 Restoration of In accordance with the provisions of the act of Febpensioners who resided in the insur- ruary 4, 1862, the names of all pensioners who resided rectionary States. within the insurrectionary States during the rebellion were dropped from the pension rolls. All of that class who remained loyal can be restored. 15 Where debarred No claim filed on or before July 4, 1864, and none by lack of record evidence. ( e e filed after that date not completed within five years Sec. 6, Act July 4, 1864.) from the time of filing, will be allowed, unless satisfactory evidence as to disability in invalid cases, or as to disability and death in other cases, be furnished by the 20 records of the War Department. Rates. Non-commissioned officers and privates, including all persons of like grade, whether in the army, navy, or Eight dollars marine corps, for total disability, eight dollars per month. 25 Passed midshipmen, midshipmen, captains, and paymasters' clerks, second and third assistant engineers, Ten dollars. master's mates, and all warrant officers, ten dollars per month. Second lieutenants and enrolling officers in the army, 30 and first assistant engineers and pilots in the navy, Fifteen dollars. fifteen dollars per month. First lieutenants, adjutants, deputy provost marshals, regimental quartermasters, assistant surgeons, acting larventeen assistant or contract surgeons, seventeen dollars per 35 month. 1(See act of April, Captains, provost marshals, chaplains, commissaries, 1864, and March, 7 867, as to chap- and assistant quartermasters, in the army; and professors of mathematics, masters, assistant surgeons, Twenty d o - assistant paymasters and chaplains, in the navy, twenty 40 lars. dollars per month. Majors and surgeons in the army; and lieutenants, surgeons, chief engineers, and paymasters, (respectively ranking with lieutenants by law,) and passed assistant Twenty.five dol- surgeons, in the navy, twenty-five dollars per month. 45 lars. Lieutenant colonels and all officers of a higher rank 9 in the army; and captains, comman(Ters, surgeons, paymasters, chief engineers, (respectively ranking with commanders by law,) and lieutenants commanding, in t^~ ~ f -i ^ ^ ~~~~~Thirty dollars. the navy; thirty dollars per month. 5 The pension allowed will be proportionate to the Disability and rank. as affecting degree of disability existent at the time of allowance, rate. and for the rank held when the disability commenced, provided it commenced after the date from which rank takes effect as given in the body of his commission, 10 whether mustered or not, and provided that, if not mustered, he was commissioned during the existence of a vacancy in the grade and while fitted for military duty, Vacancy. and that the failure to muster was not his fault. Failure to muster. The original pension of an invalid will commence Commencement - -,~~ ~ ~ i ft -i' i ft Ji ~' T i~~i of original pension 15 from date of discharge from the service in which the of anginvalid. disability originated, if, when the disability commenced in the service, the application was filed within five years from discharge from said service; or if, when the disability commenced after the discharge from said ser20 vice, the application was filed within five years from the commencement of said disability: but, in either of the above cases, if the application was not filed within the five years prescribed, it will commence from the date of filing of the last proof essential to the establishment 20 of the claim by the claimant or the party prosecuting the claim, except that in cases of insane persons, who Exceptions for insane. previous to the expiration of the five years were without guardians or other proper legal representatives, the limitation will commence at the date of appointment. 25 And, in cases where the applicant shall have been in Limitation ethe service for any time during said five years, the limi- tendedduringterm 7 ^ ^' of re-enlistment. tation will be extended for that length of time. If, Claims of prior wars restricted by however, the claim is for disability which commenced the three years' in service prior to March 4, 1861, the pension will com- limitation. 30 mence from the date of completing the testimony. Increase. The rate of pension will vary with the disability, except that the disability provided for by section 1 of act of June 6, 1866, must be probably permanent. IX. /..I-, ft.-,, ft Commencement Increase of pensions will commence from the time of of increase. 35 receipt at the Pension Office of certificate of examining war of 1861. surgeon, which sets forth the existence of said increase, except when it is clearly shown by said certificate that the increase certified existed prior to said date, when the said increase of pension will commence at the date of 40 its existence as certified, save in cases of higher rate of July 4, 1864; Mar. 3, 1865, and disability provided for by the acts of July 4, 1864, June 6, 1866. 10 March 3, 1865, and-June 6, 1866, in which such increase will commence at the date of the passage of said acts, as set forth in statements hereto annexed. Rate of increase from July 4,1864. By the act of July 4, 1864, pension previously granted for loss of both feet is increased to twenty dollars, and 5 for loss of both eyes or both hands to twenty-five dollars, from July 4 to June 6, 1866. Rate of increase By the act of March 3, 1865, pension previously from Mar. 3, 1865. granted for loss of one foot and one hand is increased to twenty dollars, from March 3, 1865, to June 6, 1866. 10 Rates provided The act of June 6, 1866, grants after that date, in by act of June 6, lieu of the above, for total and permanent loss of both 1866. hands, or of the sight of both eyes, or permanent and nearly utter helplessness, twenty-five dollars. For loss or total and permanent disability of both 15 feet, or of one hand and one foot, or for other total and permanent disability for manual labor, twenty dollars; and for loss of one hand or one foot, or equivalent disability, fifteen dollars. The act of July 27, 1868, grants to those who, having 20 entered the service with but one eye, have lost the same, the sum of twenty-five dollars per month, from June 6, 1866, provided they were entitled prior to the passage of the act of said last-named date to a pension less than that amount. 25 Increase of rate From and after July 25, 1866, all persons who may of pensioners of prior wars. have been or shall be pensioned under acts passed prior to March 4, 1861, shall be entitled to same rate as those of same class pensioned under the act of 1862, and subsequent acts. 30 Ending. Both original and increased pensions will end when the disability ceases. Arrears. (See When a pension, title to which accrued subsequent sec. 6, act July 27, p 1868.) to March 4, 1861, has been granted, to commence at the date of filing the claim or subsequent thereto, if 35 the application upon which said pension was granted was filed within five years after the right thereto accrued, and adjudicated'after June 6, 1866, the arrears debarred Bar, by act of Mar. 3, 1865, de- will be allowed to the pensioner for all the period from pendent upon time of adjudication ofthe date of discharge to date of commencement of pen- 40 claim.' sion; and if adjudicated prior to June 6,1866, no pension can be allowed for such time as the soldier may have been in the service of the United States, and drawn full pay therefor, between March 3, 1865, and June 6, 1866. 11 WIDOWS. TITLE. Widows of revolutionary soldiers and sailors, simply Widows ofrevot lutionary soldiers by reason of the service of their husbands. and sailors. Widows (with the exceptions hereinafter stated) of osBis essential to all claims of 5 persons who have been killed or have died in the mili- widows except those of widows of tary or naval service of the United States, of wounds soldiers of the Revolution. received or disease contracted in the line of duty therein, since the revolution, and of those who have died as above stated after having been honorably discharged 10 from such service. Widows of non-enlisted men are entitled only when Limitation. Widows of nontheir husbands were killed while voluntarily in the ser- enlistedmen. (See sec. 9, act July 4, vice of the United States, and, if not serving with a 1864. regularly organized military or naval force, while in an 15 engagement with rebels or Indians since March 4, 1861. XWidows of acting assistant or contract surgeons are ing s taof sarentitled only when their husbands died while perform- 2eon s (See sec. ing the duties of assistant surgeons with a military force 1865.) of the Unitecd States in the field or in transitu. 20 When the death of the husband resulted from wounds When cause of death originated received or disease contracted subsequent to July 27, subsoquentto July 27,1868. (See sec. 1868, the title of the widow is governed by the same 2, act July27, 1868. restrictions as determine that of the invalid, the cause of whose disability originated subsequent to that date. 25 Widows of engineers, firemen, and coal-heavers, in the Limitation as to widows of enginaval service, are only entitled when the death of the neers, firemen, and coal-heavers. person on account of whose decease pension is claimed (See sec. 2, act of Aug, 11, 1848.) occurred subsequent to August 31, 1842. A widow who has remarried before completing her Bar by survivorship of minor 30 claim for pension is barred therefrom, if a minor child child. (Seesec.4, act of Mar. 3, of the person on account of whose death she may claim 1865.) survived at date of her remarriage. A widow who is shown to have willfully abandoned Barbyabandonmerit or unfitness. the care of any child or children under sixteen years of (See sec. 8, act of July 27, 1868.) 35 age, (of the person on account of whose death she claims pension,) or to be, by reason of immoral conduct, unfit to have the custody of the same, shall be barred therefrom until all the children attain the age of sixteen years. 40 A widow other than revolutidnary is entitled to the Rates. rate of pension to which her husband would have been entitled, for total disability, had he survived. A widow of a revolutionary soldier, who, on the 27th oRatev of peion of July, 1868, was in the receipt of less than eight dol- widows. (See se 45 l~ars per month,~ ~is~ ~entitledto13, act amount. 7, 45 lars per month, is entitled to that amount. 1868.) 12 Commencement Where the husbanc died of cause which originated of original pensions to widows. prior to March 4, 1861, the pension of a widow will commence from the date of death, provided the claim was Prior wars. was filed within three years thereafter; otherwise, upon the completion of the testimony. 5 war of 1861. Where the husband died prior to July 14, 1862, of a Death prior to cause which originated subsequent to March 4, 1861, or July 14, 16. where he died subsequent to former date, the pension Where he had will commence from date of discharge, provided he had a aclaimpending. claim pending which was filed within five years after 10 his discharge; otherwise it will commence from date of death. In case, however, her husband died prior to July 14, 1862, and her claim was not filed within five years from said date, and if, in case he died subsequent to said Will commence date, it was not filed within five years from date of his 15 from date of filing death, her pension will commence from date of corn- last testimony. X pletion of testimony. Commencement If she has abandoned or is unfit to have custody of ahandoede or s his children, her pension will, in all cases, commence ufit to hthve ct - when they have attained the age of sixteen years. 20 tody of the chil- 20 dren. A widow's pension will end at her death or remarEnding of original pensions to riage, (and not be renewable should she again become a widow, provided, if the cause of her husband's death originated in a war prior to March 4, 1861, she became a widow subsequent to July 4, 1864,) or, if she is shown 25 to have abandoned the custody of the children, or to be unfit for the same, it will end at date of such abandonment or unfitness. Increase to -id- To the original pension allowed or allowable to a ows. widow, on account of the death of her husband, unless 30 he was a commissioned officer, there will be granted $2 per month additional for every legitimate child, under sixteen years of age, which may have been born to him by herself; and also for every such child born to him by any former wife, whether he was an officer or not, if 35 said child has been under her care and maintenance: Bar by aban- provided that the widow has willfully abandoned none of donmrent. said children, and is not unfit, by reason of immoral conduct, to have the custody thereof. Commencement The increase for the children by the widow will corn- 40 of increas'pen- mence from July 25, 1866, except when father died subsequent to said date, in which case it will commence from date of his death; the increase for children by a former wife, if they were not in her custody till after his death, will commence with such custody. 45 13 The said increase pension shall terminate upon the Endiug of increase. death of each child respectively, or upon its attaining the age of sixteen years, or upon the remarriage of the widow, or her death, or her willful abandonment of any 5 one of them. A widow of an invalid pensioner is entitled to all the Arrears of original pensions of unpaid pension that may have accrued to him. invalids; widows entitled thereto. A widow, still a pensioner under the act of July 14, 1862, who has been barred from pension to which she Arrears o ooriginal pensions of 10 was otherwise entitled, by failure to claim within three widows. years, shall be entitled to such pension, provided her original application was filed within the period of five years heretofore prescribed under head of " commencement of pensions." 15 CHILDREN UNDER SIXTEEN YEARS OF AGE. All the legitimate children under sixteen years of age TITLE. of the classes of persons on account of whose death Rate, &c widows are entitled: provided said widows have died, remarried, or willfully abandoned said children, or are 20 unfit, by reason of immoral conduct, to have the custody thereof. The rates, conditions, and limitations of minors' original pension are the same as those of widows, except that minors may apply within five years after the appointment of their guardian. 25 If no widow survived, or if she died or remarried Commencement before completing her claim, or had been allowed no of original penpensionby reason of abandonment or unfitness to have S'on custody of the children, and if the application in behalf of the minors be filed'within the time above prescribed, 30 the pension will commence when the widow's would have commenced; otherwise, from the date of her death, remarriage, or forfeiture by reason of abandonment or unfitness. If the application was not made within the five years Limitation of 35 prescribed, it will commence at the date of filing by the claimant the last essential evidence to complete the claim. The pension to each minor ceases when it dies or Ending of minors' original penreaches the age of sixteen. sion. 40 If the widow is dead, or is not entitled to pension, Increase pension to children. 14 and more than one child under sixteen years of age survive, each such child save one is entitled to two dollars per month increase. ofmmencement The increase pension to children by the widow, if idow by hthere be no widow entitled, or, if there be a widow en- 5 titled, to whom no pension money has been paid, will commence at the same date as widows' increase; if any pension has been drawn by the widow, the increase will commence at date at which her title ceases. Commencement of increase to hil- In cases of children by a former wife, if the widow 10 ie by a form has not drawn increase on account of said children, though they have been in her custody, or if they were not in her custody at date of father's death, the increase will commence at said date, except that where the pension is allowed as in widows' cases, under section 3 act 15 of July 25, 1866, it shall commence as in those cases. If she has drawn increase, and the children were in her custody at date of father's death, it vill commence when her title ceases. Ending of i- The increase to children will continue until they have 20 crease to childrenseverally died or reached the age of sixteen years, by widow. Ending of inexcept that no increase will be allowed to children by a crease to c ildrenformer wife for such time as they may be, or may have by a former wife. by a former wifebeen, in the custody andl maintenance of the widow, if she is entitled. 25 Marriage no bar. Marriage of the children is no bar to said increase. Arrears to mi- The arrears due to minors will be determined by the nors. same conditions and limitations as apply to those of the widow; andy if she be dead, will include those to which she would have been entitled had she survived. 30 MOTHEERS. TITLE. Mothers of all classes of persons on account of whose death widows are entitled, provided said mothers were dependent on the deceased for support, and no minor child survived. 35 Rates. The rates to mothers are the same as those of original pensions to widows. Commencement Pensions to mothers commence the same as those of of original,en- -e sions to mothers. WIdoWs, a end at deatt or remarriage or when dependence ceases. 40 15 Mothers are entitled to no increase; and to no arrears Increase and arof pension, except such as they may have been barred rear. from by failure to file within three years or by remarriage; the limitation as to service applies as in case of 5 widows. FATHERS. TITLE. Fathers the same as mothers, except that the child on account of whose death claim is made must have been legitimate, and except that the precedence given 10 to fathers over sisters, by section 1, act of June 6, 1866, does not work a suspension or forfeiture of the sisters' pension granted prior to passage of said act. Rates and conThe rates and conditions, as to commencement and ditions. ending of original pension to a father, are the same as Commencement X ^ ^ > where no mother 15 in the case of a mother, except that the limitation of survived. five years will commence from the date of passage of cording to ac-tof pension act of June 6, 1866, or if the mother died sub- June 6, 1866 sequent to said date, from the date of her death; Commencement and that, if a mother survived, the pension will com- when mother survived. 20 mence at date of her death, provided the application be filed within five years thereafter. BROTHERS AND SISTERS. TITLE. Brothers and sisters under sixteen years of age, if no condiions and widow nor child under sixteen years of age survived, limitations. 25 and if both parents have died, provided they were dependent for support upon the person on account of whose decease they claim, and provided they and the said person were the legitimate offspring of the same parent. 30 Rates of pensions to brothers and sisters are the same ates, d as those to other dependent relations. The conditions tions, and limita tions. and limitations are the same as those of children, except that, in brothers' cases, the limitation of five years for filing of application commences the same as in 35 fathers' cases; that, if any parent survived, the pension will commence at date of death of last surviving parent, 16 provided the application be filed within five years therefrom; and the pension will end when dependence ceases, though they may not have attained the age of sixteen years. They are entitled to no increase and to no arrears, except such as they have been barred from by failure to file within three years. CHAPTER II. MISCELLANEOUS INSTRUCTIONS. Declarations of pension claimants shall be made before Declarations. a court of record, or before some officer thereof having o t be ee5 custody of its seal, said officer being hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor: Provided, That the Commissioner of Pensions may designate, in localities more than twenty- Residence more than 25 miles from 10 five miles distant from any place at which said court is court. holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken. And a declaration is to be considered original' when made by a new claimant, although an application 15 may have been previously filed by a party having prior right on account of the same soldier. Declarations other than original may be executed Execution of'-" " ~1 supplementary before any officer duly authorized to take testimony. declarations or affidavits. Declarations of claim'ants resident in foreign coun- Declarations in 20 tries should be executed before some consul or minis-fog contries. terial officer of the United States. Blank declarations are not supplied by this office; Blanks for declarations not supbut the forms therefor, herewith published, as well as pliedby this office. those for applications for transfer or duplicate certifi25 cate, should be strictly observed both as to subjectmatter and order of statement, the leading items being indicated as therein by marginal reference. Declarations and other papers should be as legible Legibility. and as clear in statement as possible. 30 When declarations filed are found to be defective, Corrections may be made by supeither from accidental errors or omissions, or from sub- plementary affidasequent changes in legislation, these defects, if not too numerous or important, may be met by supplementary affidavits made before any duly authorized magistrate. 35 Applications for children under sixteen years of age, Al children enor for minor brothers and sisters, should, when practi- titled should ib declared jointly cable, be made by all the claimants jointly in a single nd one guardian 7^ ^ ~~~~~~~~~~~~~~7 & ~~~receive the certifideclaration; and if there be two or more guardians, cate, except when impracticable. they should elect which shall receive the pension certifi40 cate; but if a joint declaration is impracticable, they may apply separately and receive separate certificates. 2PL 18 Accrued pen- If any person entitled to a pension has died since the sion of a person dying while appli- 4th of March, 1861, or shall hereafter die while an application is pending. cation for such pension is pending, without relatives entitled to pension, the executor or administrator of such person shall be entitled to receive the accrued pension 5 to which said applicant would have been entitled had the certificate been issued before his or her death. ightto elect on Where a claimant has lost two or more relatives, by account of whom claimant will ap- reason of the death of any of whom a right to pension has accrued, said claimant may elect on account of 10 which one a claim shall be made. Arr e a r s un- The arrears due pensioners, whether claimed or not, claimed. at date of death, and those to which they would have been entitled had they survived, will be issued in the name of the deceased. 15 Special act ca- Pensions granted by special acts of Congress will be subject to be varied in amount, according to the provisions and limitations of the pension laws, and will commence at the date of the passage of the special act, unless otherwise specified. 20 Declarations. Formal declarations from the claimants thereunder are required, as in cases under the general law. Arrears. Arrears, under ninth section of act of July 27,1868, are allowable to heirs of special act pensioners. Order of action Applications will be numbered, acknowledged, and 25 upon claims. acted on in their turn. Limitation for The limit, as to time of filing by parties entitled, is filing not affected by application of not affected by the fact that an application has been those not entitled. filed by a person not entitled. Only one pen- Only one full pension, in any case, will be allowed, 30 sion. (Sec. 13, act June 6, s166.) and that to the relations of a deceased soldier or seaman in order of precedence as set forth above. uspesion of all In cases of contest, the claims of the several parties claims involved. will be suspended without prejudice untlf the contest is settled. 35 Suspension of payment of pension does not always Unclaimed pen- work a complete forfeiture. Failure to claim a pension sions. granted does not work a forfeiture of said pension. Indorsement Upon the envelope of all correspondence relating to'Upon envelopes. upon enveo claims already on file should be indorsed the words: 40 "Additional evidence in original claim No. -, or " Increase (or arrears) certificate No. -," the name and residence of the applicants, and the name of the person, if deceased, on account of whose death the claim is made, being also stated. 45 19 Where any evidence is already on file in any depart- Evidence on file in any department ment of the government, a definite description of and of the government a specific reference to it will render it available in any subsequent claim. 5 The biennial examinations of invalid pensioners will Examination. be made by one surgeon only, if he is regularly ap- Biennial. Or holds a compointed by the Pension Office, or surgeon of army or mission in the army. navy. Special examinations of pensioners will be ordered at Special. 10 such times as the interests of the government may seem to require; and such examinations, subject to an appeal to aboard of three appointed surgeons, will take precedence of all previous examinations. Fees of appointed surgeons will be paid directly by Fees of sur15 pension agents, for ordered examinations only. a by ae ll Neither the original nor a copy of any essential paper eithler the filed in a claim before this office can be furnished except original nor copies of papers on upon the call of an officer of the government or of a file to be furnished. court in which it is required for purposes of litigation; 20 but, in cases where the office deems it proper, papers Where the office filed will be returned for correction of informalities. dpers tobe eturned for correction. The pension of persons rightfully claiming is not barred Pensions ofrightful claimants not by payment to those not entitled. barred by pym'ts The attention of attorneys and claimants is called to to others. Fees, overehar25 sections 12 and 13 of the act of July 4, 1864; sections ge, p and itlolnd2, 3, and 4 of act of June 6, 1866; and the last clause pledge; sale or ~ 7. transfer; post daof section 7 of act of July 27, 1868. ting of vouchers 7' no fees for proseEvery person desiring to be recognized as an att-orney luting claim for in a pension claim is required to file in this office evi- License. 30 dence that he has complied with the excise law relating to claim agents, by taking out license. The proper evidence of this fact is a certificate signed Certified by the collector. by the collector of internal revenue to whom said tax is paid, over his official seal. In cases of copartnership, In cases of co35 the name of each individual member, as well as the p p. name and style of the firm, should be given. The collector's certificate should, in all cases, bear the post Post office address of attorney. office address of the party in whose favor it is given. The said evidence should be filed each year on or before 40 the 1st of May. By provisions of an act of Congress, approved July 17, 1862, every claim agent is required to take the oath of allegiance and to support the Constitution of the United States before-he can be recognized as an 45 agent or an attorney in prosecuting claims before this office. Appended is a form of the required oath, which 20 must be subscribed and sworn to before a justice of the peace or other officer who is legally authorized to administer oaths for general purposes, and whose official character mustbe duly authenticated. Such oath should be transmitted to this office by itself: 5 Oath. 4 I,-, do solemnly- that I will support, protect, and defend the Constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolu- 10 tion, or law of any State, convention, or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and further, that I will faithfully perform all the duties 15 which may be required of me by law: so help me God." Revocation of The substitution by claimants of attorneys for others power of attorney by claimant. already empowered and recognized by this office will not be acknowledged, unless good and sufficient reasons are given for said substitution. 20 Substitution of Transfers of claims by attorneys empowered to act in power by attorneys. said claims to others will not be acknowledged, unless accompanied with a list of said claims, by name, (and, whenever practicable, by number,) and then only when the power of attorney of the party making the transfer 25 embraces a power of substitution. Post office ad- The post office address (naming street and number dress. in all large cities) of the applicant, attorney, and witnesses, should be embodied in or accompany every application, and all evidence in each claimn, and each 30 change of residence of said parties, while communicating with the Pension Office or the pension agents. Preparation of Attention is called to the annexed quoted paragraphs, vouchers, time of payment, and fees, which were published by this office in October, 1868, in &c. a circular to pensioners: 35 " The fee allowed for prosecuting a claim for a pension is $10; but no portion of it is payable until after the certificate for the pension has been issued. " Army pensions are regularly paid to the 4th day of March and to the 4th day of September, and navy pen- 40 sions to the 1st day of January and to the 1st day of July, in each year. Vouchers to draw pensions must be dated and signed on or after the date to which the payment is desired. All pensioners, guardians, and others are directed to refuse their signatures to vouch- 45 ers, unless bearing the same date or one previous to the 21 day on which they were actually signed by them. They must also have their pension certificates with them to show to the magistrate when the oath is administered. Violations of the above provisions, or executing vouch5 ers without being dated, or post-dating them, or withholding pension money from pensioners, subject the offending parties to a fine, to imprisonment, or to the penalties of subornation of perjury. " The pledging of pension certificates for any purpose, 10 and buying or advancing money on pension vouchers, are expressly forbidden. The holding of the certificate, or transfer of the vouchers, does not prevent the subsequent payment of a pension, and, being in violation of law, cannot protect a debt. The provisions in the oath 15 of attorney having been enacted into a penal law, may be enforced against pensioners who sell or transfer their interest, as well as against those in whose favor the transfer or pledging is made, and those who shall falsely take the oath of attorney. 20 "iReasonable grounds for suspecting the improper execution of vouchers, or that advances have been made on them, or that the pension certificate is held as security, authorize a refusal to pay, and their retention for investigation. No deduction for advances or any debt 25 can be made from pension money prior to the delivery to the pensioner. Pension agents are authorized not to recognize any person who habitually charges excessive fees, by remitting money to them, or paying them in person. 30 " Biennial examinations of army invalids, not exempt, are due September 4 in each odd year, (1867-'69, &c.,) provided their pension commenced prior to the preceding 4th day of March. Biennial examinations of navy invalids are due January 1 in each even year, 35 (1868-'70, &c.,) provided their pension commenced prior to the preceding 1st day of July. No medical examination of a pensioner should be made until the time of applying for the payment of his pension, and if any pensioner is dissatisfied with the certificate given, he will 40 not be allowed to procure another without first submitting his case for instructions. " Pensioners residing within a convenient distance of the agency are required, when able, to draw their pension in person, and the expense of preparing their vouch45 ers at the agency islimited to the following fees: For preparing vouchers, 25 cents; for oath of identity, 15 cents. 22 " On the first payment there will be another fee of 15 cents for oath of allegiance. Widows having minor children, and guardians, must furnish the additional oath of two witnesses that the children are alive. " On vouchers prepared with a power of attorney the 5 fees will be 25 cents; for oath of identity, (the fees varying in different States,) 12 to 25 cents; for oath of attorney at the agency, 15 cents. " On the first payment there will be the additional fee for oath of allegiance-12 to 25 cents. Widows having 10 minor children, and guardians, must furnish the oath of two witnesses that the children are living. "No additional sum should be paid by pensioners, except it may be for postage or for a certificate, of the official character of the magistrate (Form N) to be filed 15 at the agency. This expense, being shared by several in the same neighborhood or town, will be very trifling to each, and only paid once during the magistrate's term of office. The magistrate should be requested to cause this certificate of official character to be filed at the 20 agency, as an unnecessary repetition of single certificates on separate vouchers will not be permitted at the expense of pensioners. After filing it, it would be well for the magistrate or pensioner to note this fact on successive vouchers. When their vouchers are executed, 25 pensioners can, if no other course is preferred, inclose them in a letter, directed, when his name is unklnown, to " Pension Agent," adding the town and State where the pension is payable, and he will remit the money as directed. Upon satisfactory representation that more 30 fees have been exacted than above mentioned, with name and residence of the offending party, a prompt investigation will be had. " It is required that all pensioners who are not in the present possession of their pension certificates shall 35 immediately apply in person, or by letter, for their return. Should the application be refused or evaded, notify this office or the pension agent, giving the name and residence of the parties withholding them. " In making inquiries in regard to any pensioner, it 40 should be stated whether the same is an army or navy case, and at what agency payment was last made. The number of the pension certificate, when known, and the pensioner's post office address, should also be given. " By reference to their pension certificates, pensioners 45 will not only learn the date when their pension com 23 mences, and the rate allowed, but widows will understand the conditions on which, and the length of time, the additional rate of $2 per month will continue to be paid for each minor child. 5. " Blank forms for vouchers, for transfers, for dupli. cate certificates, for oaths of allegiance, and for drawing arrears after the death of a pensioner, with suitable directions printed thereon, are gratuitously furnished to pensioners on applicatfon. 10 " The voluntary co-operation of pensioners is necessary to realize the benefit of the material reduction in the expenses of collecting tr ni.Wit their pensions. ith their assistance the department will certainly be more able, as well as more encouraged, in its efforts to secure to each the 15 full value of the generosity of the government." CHAPTER III. EVIDENCE. Corroboration All facts, testimony of which is required to establish requisite. a claim, must be proven by the affidavits of two or more credible witnesses, unless other evidence is hereinafter o specified. Testimony of The statements of claimants, unless duly corroboraclant insuffi- ted, are not accepted as evidence. Before whom Testimony, in support of allegations made in a declatestimony may be taken. ration, may be taken before any officer whose authority 10 and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. Authority in Persons desiring to complete claims pending at the claims pending at decease of appli- decease of the claimants must furnish a duly verified 15 cant. certificate of their authority as heirs or legal representatives. Evidence in for- All evidence obtained in foreign countries should be eign untries sworn to before a consul or other officer representing the United States government, or before some magis- 20 trate whose authority shall be certified by such consul or representative. Discrepancies or Explanations of discrepancies or corrections of errors errors. in affidavit must be made under oath by the party who made the error, with such corroborative testimony as 25 the nature of the case may demand. Evidence of ser- Upon the reception of a claim for pension, evidence vice. of the service alleged in the declaration will be sought in the proper departments of the general government, or in the office of the adjutant general of the State; 30 and if not there found, the claim will not be further considered until the deficiency in said records shall have been supplied. Evidence of dis- Evidence of disability or death, with the cause and ability or death. date, will be sought from the proper official sources, 35 when' not to be before calling upon the claimants therefor. When said obtained from official sources. evidence cannot be obtained from these sources, the claimant will be required to furnish the same in accordance with the annexed specific instructions, compliance with which must be full and definite. 40 When desertion If it is charged that any soldier or seaman was guilty ar misconduct ishonor charged. of misconduct (by reason of which he was dishonorably 25 dismissed) in the service in which the disability on account of which pension is claimed was incurred, or deserted and did not return to said service, the charge must be disproved. 5 In claims of invalids, the origin, nature, degree, and Invalids. progress of the disability must be shown, in accordance Disability. with the requirements hereinafter set forth in claims on account of death, so far as applicable. In no case will the certificate of an examination by When certificates of unappoin10 unappointed civil surgeons be accepted, unless it is sat- ted civil surgeons are admissible. isfactorily shown by the affidavit of one or more disinterested and credible witnesses, that an examination by a commissioned or duly appointed surgeon is impracticable; on such proof, the certificate of two unappointed Certificates of surgeons not con 15 civil surgeons will be accepted; but neither will belusive i tbere be conflicting proof. conclusive when there is conflicting proof. If the claimant enlisted under an assumed name, Identity. identity must be clearly established by the testimony of his commanding officer, or, if this cannot be had, by 20 that of other persons who knew the claimant both before and after he entered the service, and who were cognizant of his enlistment under said assumed name. If the applicant had been commissioned to the rank Muster of officer. claimed, and evidence of his muster into the rank 25 does not exist in the office of the Adjutant General or other records of the government, other satisfactory proof of muster must be furnished; or, if not mustered, If not mustered. his commission, discharge, and final statements must, Commission,discharge, and final if possible, be filed; and it must be shown that the statements, when required. 30 failure to muster was not due to any fault of the person so commissioned, or to his disability, or the non-existence of a vacancy; the best proof on these points will be the affidavit of the proper mustering officer, or of some superior officer having personal knowledge of the 35 facts. If claiming increase, the original certificate must be Increase. returned; and such evidence as to the disability as is Rfturen of' er-o not already on file, and as to any other disability than that previously specified, must be the same as that Evidenceof same 40 required in original claims. ina ai orig If claiming for arrears, no proof additional to that Arrears. therein required for original claims is necessary. The claimant should, however, make affidavit as required under the head of Miscellaneous Instructions. 45 In claims of widows for original pension, the death of Widows. the husband, on account of whose decease the claim is Proof of death. made, must be proven as hereinafter required. 26 When the de If death resulted from wounds or other injury, the ceased has died in regiment or hos- nature of the injury, and the time, place, manner, and pital. particular circumstances under which it was received, whether in battle or otherwise, should be fully shown Testimony of an by the certificate of some commissioned officer having 5 officer having personal knowledge. personal knowledge of the facts, who is in actual service, or by his affidavit, if he be out of service, the source of Date of death. his information and the date of decedent's death being stated. Death from dis- If the deceased died of disease, an army or navy sur- 10 ease. geon (as the case may be) should testify as to whether it was contracted in the service and in the line of duty, Nature and ori- giving particulars, as required above in case of wounds, gin of cause of r e death, and habits as to its nature and origin, the habits of the deceased, of deceased. and the date of his death; and when the surgeon is 15 Disease prior or unable to declare positively Whether the disease existed subsequent to enlistment. prior to enlistment, the affidavit of the family physician When surgeon's touching this point must be furnished. If it be shown testimony cannot be obtaied. by satisfactory evidence that the surgeon's testimony cannot be obtained, that of some commissioned officer 20 having personal knowledge of the facts will be received. Furloughs. Cause of disability or death, which originated on sick leave or sick furlough, or on veteran furlough, except when in nowise incident to the service, is to be regarded as though it originated in camp or hospital. 25 When the soldier The nature and origin of the disease, or injury, from has died on furloigh. or after his which the deceased was suffering at the time of his discharge. furlough or discharge, must be shown by the testimony Nature and ori- of an army or navy surgeon, or other officer, as indicated gin of cause of death, and habitsabove, the habits of the deceased being stated; and 30 of deceased. the surgeon or physician who subsequently attended Condition after him must testify minutely as to his condition from the discharge, habits,. name of disease, time of leaving the service to the date of his decease, and date of death. stating as to his habits, the period he was under treatment, the name of his disease, and the date of his death. 35 If missing. If the person on account of whose death claim is made was missing, and no positive knowledge of his death exists, the claimant must state the supposed place and date of death, and swear that there is no reason for believing he did not die at the time and place alleged; 40 and the testimony of acommissioned officer must, if possible, be furnished, showing all the circumstances justifying the belief that death actually occurred in the service and line of duty. Statements of The statements of civil surgeons and physicians, and 45 civil surgeons verified by oath. of army or navy surgeons who have left the service 27 must be verified by oath, the professional standing of the former being duly certified. If the deceased died away from his regiment, (unless Furlough to be,. ^ "' \ furnished, when. discharged or in hospital,) his furlough, or other official 5 paper showing authority for such absence, must be furnished. If it be satisfactorily shown that the testimony of When testimony of officers cannot the parties above referred to cannot be obtained, by beobtained. reason of death or inability to ascertain their where10 abouts, the facts may be proved by the affidavits of other credible persons having the requisite knowledge. If the deceased enlisted under an assumed name, Identity. identity must be established in the same manner as is required in similar cases in claims of invalids. 15 If the deceased had been commissioned in the rank Officers' muster and nonll-muster. claimed, evidence as to muster or non-muster must be furnished in the same manner as is required in similar cases in invalid claims. The alleged relationship between the claimant and Marriage. 20 the deceased must be proved; marriage being shown by, first, a duly verified copy of the church or other public record; or, second, by the affidavit of the offi- class of proof in the order of ciating minister or magistrate; or, third, by the testi- weight. mony of two or more eye-witnesses of the ceremony; 25 or, fourth, by a duly verified copy of the church record of the baptism of some child of the parties; or, fifth, by the testimony of two or more witnesses who know the parties to have lived together as man and wife from the date of their alleged marriage, the witnesses 30 stating the period during which they knew them thus to cohabit. Before any of the lower ejasses of evidence can be accepted, it must be shown by competent testimony that none higher can be obtained. If either claimant or deceased was previously married, Death or divorce of former wife or 35 it must be shown that former marriage was illegal, that husband. a decree of divorce had been granted, or that former wife or husband died, giving date of death. It must also be shown whether the person, on account of whose service claim is made, left children under six- Children. 40 teen years of age, by widow or former wife; and, if he did, that they were born in wedlock; and a verified copy of the baptismal or other public record, or the affidavit in the order of of attending physician; or, if the above cannot be had, weht. the affidavits of other credible persons who were 45 present at birth, giving names of children and dates of Dates of birth. birth, and if any have died, their names and the dates of death, must be furnished. 28 Increase. If claiming increase, the widow must return her original certificate, and prove, (in addition to the above,) as to the children of the deceased by a former wife, dren by a forerthat they have been in her custody, and for what wife. definite period. 5 Legitimacy of If any of the children were ante-nuptial, it must be shown that they were legitimated in accordance with law; the name of the State being given and reference being made to the particular statute. Arrears. In claiming for arrears, a widow must return her ori- 10 If remarried ginal certificate; and, if she has remarried since the original pension was granted, the fact and date of her remarriage must be proven by evidence as required in claims for original pension. Children under In claims of children for pension, on account of the 15 sixteen years. death of the father, the guardian must proveGuardianship. 1. His authority as guardian, by a verified certificate from the court by which he was appointed; and, if any other guardian has been appointed, that he is dead or his authority has been revoked. 20 Requisites- 2. The death of the father, the marriage of the samecas in wid-parents the legitimacy of the children, dates of birth, and, if any of said children have died, the date of death, as in claims of widows. fatr ariage no 3. Whether the father had remarried or not, and that 25 survivorship of he left no widow surviving at date of his death. idath or re 4. The fact and.date of death of the mother; or her marriage or aban- remarriage, by same testimony required as to marriage donment, &c., of the mother. in claims of widows; or her abandonment or unfitness to have charge of the children, by a certificate of a 30 probate court or other satisfactory evidence. Children other 5. Whether the father left any other child under sixthan the appi- teen years of age, and, if he did, why such other is not rants. embraced in the application. Increase. If claiming increase, the guardian must furnish the 35 same evidence if not already filed, as is required in claims for original pension; and, if a change of guardian has been made since the original pension was granted, the authority of the new guardian must be shown. 40 A claiing for rrears. In fr rrars, the original certificate should be returned; no additional proof is required, except, if any of the claimants have died since the original pension was granted, the fact and date of death; and, if a change of guardian has been made, the authority 45 of the new guardian. Mothers. a A mother, claiming pension, must prove the death Relationship and ii' i' no prior claim- of her son, as in the case of a widow; her relationship; ant. that he left neither widow nor minor child surviving; and her dependence, by showing- 50 29 1. That previous to her said son's decease her husband Dependence. had died, the date of his death being stated; or that he Death of husband, or his abanhad permanently abandoned the support of his famlily, dent f, or diand the date and continuance of such abandonment; ability for sup5 or, by full medical testimony, that, through sickness or other unavoidable cause, he was, and continued to be so long as he survived, and, if still living, now is unable to support the claimant; the nature of the disability, and for how long a period, and to what 10 extent it disqualified him for labor of any kind. 2. The value of claimant's property, her income there- Claimant's propfrom, and other means of support possessed by herymensof suppor while she was receiving the contributions of her said son, and since. 15 3. To what extent, for what length of time, and in Specific statewhat manner, her said son contributed to her support, moint of contrisb and approximately the amount contributed per month and the purposes or per year, both before and after enlistment, and whether for payment of rent, board, or other necessary 20 expenses; any letters from him bearing upon the question of support being also filed. The same proof required for arrears as in widows' Arrears. applications therefor. A father claiming pension on account of the death of Fathers. 25 his son, must proveThe death of said son; that no widow nor minor child Death. No prior claimsurvived; his own disability, and income, and the sup- ant survivng. port rendered by said son; all by testimony, such as is Dacbility income, and support required in the claim of a mother. of son. 30 Also his own marriage, by the same evidence as is.Marriage of required in the claim of a widow; the death of the Death of the mother, and the date of birth and legitimacy of said mother and birth and legitimacy of son. the son. The same proof required for arrears as in mother's Arrears. 35 case. In claims for dependent brothers and sisters, proof De p en dent brothers and sismust be furnished as to authority of guardiait; death ters. Guardianship, of brother, on account of whom pension is claimed; that death of brother, no prior claimant, the deceased left no widow nor minor child; marriage marriagle lan d 40 and date of death of parents; dependence, legitimacy, death of parents, legitimacy, dates and dates of birth of wards, and the date of death, if o~fbirth and death, and if any other any have died; and if there are surviving any other brothers or sisters. brothers or sisters, why they are not embraced in the application. 45 If claiming for arrears, the same evidence is required Arrears. as in claims of children therefor. In claims of pensioners for restoration to the rolls, Restoration. where pension has not been claimed for a period of three Pesionse thn claimedmore than years after the same shall have become due, evidence three years. 50 must be furnished as to the period for which the claim is made. 30 That disability In claims of invalid pensioners for restoration, a certistill exists. ficate of an examining surgeon of the Pension Office, that the disability had not ceased, must be furnished, except in cases where claimants have been pensioned for loss of limbs or of eyesight. o No remarriage. In restoration cases of widows, mothers, and fathers, it must be shown that they had not remarried. Not sixteen. In restoration cases of children, and dependent brothers and sisters, proof is required that they had not attained the age of sixteen years. 10 Residents in in- In claims for restoration to the rolls of persons whose surrectionary territory during the names were stricken therefrom nunder the act of Conrecent rebellion. gress of February 4, 1862, an affidavit of two or more loyal witnesses fully sustaining the allegations of the Loyalty. claimant, including that as to loyalty, and declaring the 15 means of their knowledge of said loyalty and the facts and circumstances through which said knowledge was derived, must be filed. Heirs for ar-, In cases of application for arrears by heirs of such rears. Loyalty. pensioners, the loyalty of the pensioner, as well as of the 20 applicants, must be proven in the same manner as above stated. Increase to pen- In claims for increase under section 13, act of July sioners of wars prior to 1861. 27, 1868, allegations of the claimant must be corroborated by evidence of the same character, and in the same 25 form, as is required in other cases where the same points are to be proved. CHAPTER IV. QUALIFICATIONS, ETC., OF WITNESSES AND MAGISTRATES. TITLE. It is desirable, though not indispensable, that the Witnesses. 5 parties testifying to any fact in the prosecution of a Other than near claim be other than near relations of the claimant, and relatives. that they be persons of considerable intelligence, able, at least, to write their own names. The simple certificates of judicial officers using a What certif10 seal, or of commissioned army officers in actual service, cates without oath are accepted. will be accepted without affidavit; but all other witnesses must testify under oath. Witnesses should not simply confirm, in general Corroboration terms, allegations made by other parties; but all the to be fll and spe15 facts to which they testify should be fully stated in their own depositions, together with their personal knowledge of the facts alleged, the means of their information, their disinterestedness in the prosecution,nessandpstefse of the claim, and their post office address. nese - 20 The officer who takes the deposition must certify as gistrates. Magistrates. to his knowledge of the credibility of the witnesses, and Deposition and credibility of withow such knowledge is obtained. ness. If they sign by mark, he must certify that the con- To be read to witness. tents of their deposition were made fully known to 25 them before swearing. He must specify what particular erasures, interlinea- Erasures, &c. tions, and additions have been made in the deposition, and certify that they were, each and all of them, made with the knowledge and sworn consent of the deponent. 30 He must certify as to his own interest in the claim. Disinterestedness of magisIf his commission is not on file in this office, his offi- trates. 7 Authority of cial character and the genuineness of his signature officer must be shown. must be duly certified, under seal of a court of record, or of the secretary of the State in which the authority 35 was granted. He should also state his post office address. Post office ad dress of officer. FORMS A. Declaration for original pension of an invalid. STATE OF, County of -, ss: On this - day of -, A. D. one thousand eight 5 hundred and -, personally appeared before me, Court officer. -- a duly authorized officer of a court of record Applicant. in and for the county and State aforesaid, ~, who, being duly sworn according to law, declares: That Enlistment. he is the identical, who enlisted under the 10 name of —, in the military (or naval) service of the United States, at, on the day of-, Service, in the year, [here state the company and regiment if in the army, or vessel and rank if in the navy, and whether in any other service; and if so, what, and under 15 Discharge, what name,] in the war of, and was honorably discharged on the - day of, in the year; scprson de- that his personal description is as follows: Age height ~, complexion ~, hair, eyes —-; that, while in the service aforesaid and in the line of his 20 Disability,treat- duty, he received the following wounds, (or disability, as ment in hospital, wu description of the the case may be,) and that he was treated therefor in cause of disabilit the following named (or numbered) general hospitals: and date of origin fnh its progress, &c. [here give a particular and minute account of the wound or other injury, and state how, when, and where it 25 pation and habits occurred and his present physical condition; where the of applicant, applicant has resided since leaving the service, and what has been his occupation.] Agent. That he hereby appoints, his attorney Other applica-to prosecute his claim; that he has never received or 30 tion, residence and 1 o * 1 postofficeaddress. applied for pension; that his residence is at No. -, in street, in the of, county of, and State of; and his post office address is - (Claimant's signature.) 35 Identifying witnesses. Also, personally appeaed residing at No. -, in street, in, and, residing at No. -, in - street, in, persons whom I cerCredibility. tify to be respectable and entitled to credit, and wlio Present. being by me duly sworn, say: They were present and 40 saw, the claimant, sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with him, that he is the identical person he represents himself to be; and 45 Disinterested- that they have no interest in the prosecution of this ness. claim. (Signature of witnesses.) 33 Sworn to and subscribed before me, this - day of Jurat. -- A. D. —, and I hereby certify that the contents Contents made of the above declaration, &c., were fully made known known and explained to the applicant and witnesses before 5 swearing, including the words, erased, and the words, added; and that I have no interestDisinterestedness. direct or indirect, in the prosecution of this claim. (Official signature.) (The person administering the jurat should sign in 10 his own name.) SFor application for arrears see Form N. 3PL 34 B. Declaration for the increase of an invalid pension. STATE OF, County of, ss: On this - day of, A. D. 18-, personally apCivil officer. pearedbefore me,, (here state the official character 5 Applicant and of the person administering the oath), aged years, who, being duly sworn according to law, declares A pensioner. that he is a pensioner of the United States, duly enrolled Name of agen- at the pension agency, at the rate of $- per cy; rate of pension. month, by reason of disability incurred in the military 10 Service. (or naval) service of the United States, [here state the company and regiment if in the army, or the vessel and Present condi- rank if in the navy;J that his present physical condition tion. is such that he believes himself entitled to receive an increased pension; and that he herewith returns his 15 Pension eertifi- present pension certificate. Nature of the He further declares that he is disabled in the followextent of the disa-ing manner, to wit: [Here the declarant will particubility. larly set forth the nature of his disability, and the extent to which he is incapacitated for manual labor or 20 dependent upon the personal aid and attendance of Agent, residence, others.J That he hereby appoints - his attorney nd post office ad- to prosecute his claim. That his residence is at No. -r, in street, of -- county of - and State of - -, and his post office address is -- 25 (Signature of claimant.) Increase under (Identification and jui at as in Form A.) act June 6, 1866. NOTE.-In claims for increase under the first section of the act of June 6, 1866, if a pension has been granted for either of the disabilities set forth in said act, 30 or for a specific disability caused by a wound, at the lower rates provided for by the previous acts since the tiForml deqarrad 4th of March, 1861, the formal declaration need not in certain cases. be required, an.application such as that accepted in claims for arrears being deemed sufficient. 35 g- For application for arrears see Form N. 35 C. Declaration of a widow for originalpension, when no child under sixteen years of age survives. STATE OF, County of, ss: 5 On this ~ day of -~, A. D. 18-, personally appeared before me, ~, a duly authorized officer of Court officer. a court of record in and for the county and State aforesaid —, aged - years, who, being duly sworn' Applicant's age. according to law, makes the following declaration, in 10 order to obtain the pension provided by the act of Congress granting pensions to widows: that she is the widow of --, who enlisted under the name of —, at, on the - day of —, A. D., [here state Soldier orsailor. company and regiment if in the army, or vessel and 15 rank if in the navy, and whether in other service, and Enlistment; serif so, what, and under what name,] in the war of -, v. who died of, (or was missing and is believed to Died or missing. have died) at, on the - day of, A. D., who bore at the time of his death the rank of -, Rank. 20 in company, and regiment, (or vessel if in the navy;) that she was married under the name of, Marriage. to said -, on the - day of ~, A; D., by -, at, there being no legal barrier to such marriage; that neither she nor her, husband had been pre- Prior marriage. 25 viously married, (or otherwise as the case may be;) that she has, to the present date, remained his widow; (or if Not remarried. remarried, claimant will state when, where, to whom-, and by whom;) that he, the said --, left surviving no mi- No minor chilnor child or children by either herself or any former wife; dren' 30 that she has not in any manner been engaged in or aided Loyalty. or abetted the rebellion in the United States; that no prior application has been filed, either by her husband Prior applicaor herself, (or if any has been filed, date and number t'on. should be given;) that she hereby appoints - her Agent. 35 attorney to prosecute her claim; that her residence is Residence and at No. -, in street, in the -- of, county of ost office address., and State of -, and that her post office address is- - (Claimant's signature.) 40 Also, personally appeared —, residing at No. -, Identifying witin street, in -, and, residing at neses. No. -, in - street, in -, persons whom I certify to be respectable and entitled to credit, and who, being Credibility. by me duly sworn, say, they were present and saw Present. 45, the claimant, sign her name (or make her mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with her, that she is the identical person she represents herself to be, and that they have 50 no interest in the prosecution of this claim. Disinterested(Signature of witnesses.) no,. 36 Jurat. Sworn to and subscribed before me, this - day of — ~, A.D. -, and I hereby certify that the conContents madetents of the above declaration, &c., were fully made known. known and explained to the applicant and witnesses before swearing, includingthe words, erased, and 5 the words, added; and that I have no interest, direct or indirect, in the prosecution of this claim. (Official signature.) (The person administering the jurat should sign his own name.) 10 g For application for arrears see Form N. 37 D. Declaration for original pension of a widow, child or children under sixteen years of age surviving. STATE OF, County of, ss: 5 On this ~ day of, A.D., personally appeared before me, —, a duly authorized officer court officer. of a court of record in and for the county and State aforesaid,, aged -years, who, being duly sworn accord- Applicant and ing to law, makes the following declaration, in order to age. 10 obtain the pension provided by acts of Congress granting pensions to widows: that she is the widow of Soldier or sailor., who enlisted under the name of,- - at Enlistment. ~-, on the ~ of, A. D., in [here state company and regiment if in the army, or vessel and service. 15 rank if in the navy and whether in other service, and if so, what, and under what name,] in the war of, who died of ~, (or was missing, and is believed to Died or missing. have died,) at, on the day of -, A. D. -, and who bore at the time of his death the rank of Rank. 20 ~, in company a and - regiment; (or vessel, if in the navy;) that she was married under the name of -, to said -, on the - day Marriage. of ~, by ~-, at —, there being no legal barrier to such marriage; that neither she nor her hus- Prior marriage. 25 band had been previously married; (or otherwise as the case may be;) that she has, to the present date, remained Not remarried. his widow; that the following are the names and dates Names and ages of birth of all his legitimate children yet surviving, who of children. were under sixteen years of age at the father's death, viz: 30 his by herself,, his by a former marriage, His by herself. __________________His by former; that she has not abandoned the sup- widow. port of any one of his children by a former marriage, cht abandned but that they are still under her care and maintenance; mer wife. [or, if otherwise, let the facts be stated;] that she has 35 not in any manner been engaged in or aided or abetted Loyalty. the rebellion in the United States; that no prior appli- Prior applicacation has been filed by either her husband or herself; [or if tion. one has been filed the date and number must be given;] that she hereby appoints, her attorney to Agent. 40 prosecute her claim; that her residence is at No. -, Residence and in street, in the of -, county postoffic. address. of, and State of, and that her post office address is (Signature of claimant.) 45 (Identification and jurat as in Form C.) Fo For application for arrears see Form N. 38 E. Declaration of a pensioned widow for increase of pension. STATE OF, County of, ss: On this d cay of, A. D., personally apcivil officer. peared before me, [here state official char- 5 acter,] who, being duly sworn according to law, makes the following declaration, in order to obtain the benefit of the provisions of acts of Congress increasing the pensions of widows and orphans; that she is the Service. widow of ---, who was [here state company 10 and regiment if in the army, and rank if in the navy, and whether in other service; and if so, what, and under what name;] that on account of his death, s e has been granted a pension of - dollars per month, in accordPen-ion certifi- ance with a certificate, numbered, bearing date 15 cate. 7 and which is herewith returned; that she has Remarriage. not remarried since the death of her husband abovenamed that the followinames and dates n e that fll n r th naof of birth of chil- I dren. birth of all his legitimate children yet surviving, and who were under sixteen years of age at the father's death, 20 His by herself. viz: his by herself, his by a former His by a former I marriage. marriage -- that she has not abandoned tbot abandonedthe support of any one of his children by a former those by a former marriage. marriage, but that they are still under her care and maintenance, [or, if otherwise, let the facts be stated;] 25 Agent. that she hereby appoints, her attorney to Residence and prosecute her claim; that her residence is at No. post office address. in__ ~, post office addres. in - street, in the - of, county of and State of, and that her post office address is. 30 (Claimant's address.) (Identification and jurat as in Form C.) El For application for arrears see Form N. 39 F. Declaration for pension of children under sixteen years of age. STATE OF, County of —, ss: 5 On this day of, A. -., personally appeared before me, - -- a duly authorized Court officer. officer of a court of record, in and for the county and State aforesaid,- who being duly sworn according to law, makes the following declaration, in 10 order to obtain the pension provided by acts of Congress for children under sixteen years of age, that he (or she) is the only legal guardian of -, legiti- Guardian. mate children of -, who enlisted under the Legitimacy name of, at, on the - day of 15, A. D., [here state company and regiment if in the army, and vessel and rank if in the navy, and whether in other service; and if so, what, and under what name,] in the war of -, who died of -, Died or missing. (or was lissing, and is believed to have died,) at, 20 on the day of, A. D. -, and who bore at the time of his death the rank of —, in company - and regiment; (or vessel, if in the navy;) that he left no widow surviving [or if any survived, and No widow or abandoned any of said children, or is unfit to have minor children 25 charge of them, the dates and other particulars, or if she has died, the fact and date of death should be here Death ofwidow. stated;] that the abovenamed are the only surviving Only surviving legitimate children of said, who were children under 16 under sixteen years of age at the time of his death, [and years of age. 30 if any have died, the fact, and date of deaths should be Death of chilstated;] that said children were the issue of -- n. ~-; [here give the name and date of birth of each Dates of birth. child, and the names of the parents of each child respect- Names of paively;] that the father was married under the name of rents, respective35, to, on the day of Marriage of pa-, by,'at-, there being no legal rents barrier to such marriage; [if more than once married, the facts in each case should be stated;] that the said Loyalty. children have not aided or abetted the rebellion, and 40 that no prior application has been filed in their behalf, Prior applicaor by the father or mother; [or if any has been filed, the ton number and the date of filing should be given;] that he (or she) hereby appoints --, his (or her) attor- Agent. ney to prosecute the above claim; that his (or her) resi- Residence and 45 dence is at No. -, in -~- street, in the post office address. of, county of ~, State of, and that his (or her) post office address is - (Claimant's signature.) 50 Also, personally appeared -, residing at Identifying witNo. -, in street, in -, and. nesses. residing at No. -, in - street, in ~, persons whom I certify to be respectable, and entitled to Credibility. 40 credit, and who, being by me duly sworn, say they were Present. present and saw, the claimant, sign name (or mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with - - 5 that is the identical person - repreDisinterested- sents - to be, and that they have no interest in the ness. prosecution of this claim. (Signature of witnesses.) (Jurat same as in Form A.) 10 For application for arrears see Form N. 41 G. Declaration of Guardian for increase of pension to pensioned children. STATE OF, County of, ss: 5 On this - day of ~, A.D. -, personally appeared before me, [here state official character,l- who, ivil officer. being duly sworn according to law, makes the following declaration, in order to obtain the benefit of the provisions of acts of Congress increasing the pensions of 10 orphans: that he (or she) is the only legal guardian Guardin. of -, legitimate children of,'who was a Legitimacy of [here state company and regiment if in the army, or ves- children sel and rank if in the navy, and whether in other ser- Serice vice, and if so, what, and under what name;] that, on 15 account of his death, they have been granted pension in accordance with the certificate numbered -, bearing Pension certifidate, and which is herewith returned; and that cate' the names and dates of birth of all his legitimate chil- Names and dates dren yet surviving, who were under sixteen years of,f birth of' chil20 age at the date of the father's death, are as follows: -teen. - (of deceased by herself, - Children by her.__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ _ self. - - ~ - ~ ~ his by a former marriage, Children by form) er wife. 25 That he (or she) hereby appoints - his (or her) Agent. attorney to prosecute the above claim; that his (or ler) residence is at No. —, in ~ street, in the of, Residence and county of -, State of; and that his (or her) post office address is 30 (Claimant's signature.) (Identification and jurat as in Form F.) I' For application for arrears see Form N. 42 H. Declaration for original pension of a mother. STATE OF, County of, ss: On this - day of ~, A. D. -, personally appeared Court officer. before me,, a duly authorized officer of a court of 5 record, in and for the county and State aforesaid, Applicant. aged - years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by the acts of Congress granting penwife of and sions to dependent mothers: that she is the widow (or 10 mother of. wife) of, and mother of who enlisted under the name of -, at, on the - day of Service. -- A..., here state company and regiment if in the army, or vessel and rank if in the navy, and whether in other service, and if so, what, and under what name,] 15 Diedor missing, in the war of, who died of, (or was missing and is believed to have died) at, on the - day of -, A. D. -; that said son, --, left neither surivedr hild widow nor child under sixteen years of age surviving; Dependence. that she was dependent upon said son for support; 20 Age and death, that her husband, said -, aged- died at or abandonment of husband. on day of, A. D. -, and that she has not Remarried. remarried, [or, if she has remarried, state when, where, to whom, and by whom; or, if said husband still surbature of bhs- vives, state the nature of his disability and for how 25 long a period, and to what extent it disqualified him Surviving broth- for supporting her;] that there were surviving at date ers and sisters - of said son's death, his brothers and sisters who were der sixteen. under sixteen years of age at said date, as follows: fName and dates [here give names and dates of birth;] that she has not 30 Prior applica- heretofore received or applied for pension; that she has lion. Loyalty. not aided or abetted the rebellion; that she hereby Agent. appoints, her attorney to prosecute the above Residence and claim; that her residence is at No. - in street, in post office address. the o of ~, county of -, and State of -; 35 and that her post office address is (Claimant's signature.) (Identification and jurat as in Form C.) [~ For application for arrears see Form N. 43 I. Declaration for original pension of a father. STATE OF, County of, ss: On this - day of ~, A. D. -, personally appeared 5 before me -, a duly authorized officer of a court Court officer. of record in and for the county and State aforesaid,, aged - years, who, being duly sworn accord- Applicant. ing to law, makes the following declaration in order to obtain the pension provided by the acts of Congress, 10 granting pensions to dependent fathers; that he is the father of -, who enlisted under the name of Name of de-, at -, on the - day of - A. D. -, in ceased. [here give company and regiment if in the army, or Service. vessel and rank if in the navy, and whether in other 15 service, and if so, what, and under what name,] in the war of, and died of, (or was missing and is Died or missing. believed to have died,) at-, on the- (day of- A. D. -; that said son left neither widow nor child under sixteen No widow nor years of age; that the declarant was married to thevie. chid'u 20 mother of said son at, on the - of, A. D. -, Marriage. by -; that he was dependent upon said son for sup- Dependence. port; that there were surviving at date of said son's ters, if any surdeath, his brothers and sisters, who were under sixteen vived. years of age at said date, as follows: [here give names 25 and dates of birth] that he has not heretofore received ofNbir anddate or applied for pension; that he has not aided or abetted Prior application. the rebellion; that he hereby appoints -, his Loyalty. attorney to prosecute the above claim; that his resi- Agent. Residence and dence is at No. -, in - street, in the - of, post office ad30 county of, State of -, and that his post office dress. address is -. (Claimant's signature.) (Identification and jurat same as in Form A.) X3 For application for arrears see Form N. 44 J. Declaration for pension of dependent brothers and sisters. STATE OF, County of, ss: On this - day of, A. D., personally Court officer, appeared before me,, a duly authorized 5 officer of a court of record in and for the county and Applicant. State aforesaid,, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by the acts of Congress for dependent brothers and sisters; that he 10 Guardian. (or she) is the only legal guardian of, ~, brothers and sisters of, who enlisted under the name of, at ~, on the Service. of ~, A.. -, in [here state company and regiment if in the army, or vessel and rank if in the navy, 15 and whether in other service, and if so, what, and under Died or missing. what naine,] in the war of, and died of, (or was missing and is believed to have died,) at, on the - day of, A. D., and bore, at the Rank. time of his death, rank of, in company, in - 20 regiment, (or vessel, if in the navy;) that he left neither Only surviving widow, minor child, mother, nor father; that the above brothers and sis- named are the only surviving legitimate brothers and ters, under sixteen, who were sisters of said deceased, who where under Death. sixteen years of age at the time of his death, and were dependent upon him, [if any have died, the facts and 25 Names and date date of death should be stated;] that said brothers and of birth. sisters were the issue of, [here give the Names of pa- name and date of birth of each brother and each sister, rents. and the names of the parents of each one respectively;] ther. f fa that the parents were married under the names of- 30 --, to -, on the day of, A. D. -, by —, at -, there being no legal barrier to such marriage, [if more than once mare Loyalty. ried, the facts in each case should be stated;] that said No prior appli. brothers and sisters have not aided or abetted the re- 35 cation. bellion; that no prior application has been filed in their behalf, or by the father or mother, [or, if any has been Agent. filed, the date of filing should be given;] that he (or she) hereby appoints - -, his (or her) attorney Residence and to prosecute the above claim; that his (or her) residence 40 post office ad- is at No., in street, in the - of county of --, State of -, and that his (or her) post office address is. (Signature of claimant.) (Identification and jurat as in Form F.) 45 0 For application for arrears see Form N. 45 K. Declaration, for restoration to the pension rolls, of a person whose name has been dropped under the act of February 4, 1862. 5 STATE OF C, County of -, ss: On this - day of, A. D. -, personally appeared before me, (judge, clerk, or deputy clerk,) of the Court officer. court, in said State and county, the same being a courtof record,, aged - years, a resident Applicant and 10 of, in the State of, who, being duly sworn age' according to law, declares that he (or she) is the identical -, who was pensioned on the rolls of the agency at, and whose pension certificate is here- Pension agency. with returned; that he (or she) has resided, since the Pension certificate. 15 1st day of January, A. D. 1861, as follows, [here name Residence since the place or places at which the applicant has resided;] January, 1861. that, during this period, his (or her) means of subsist- Means of subence have been, [here name the employment or other sistence. means by which a livelihood has been gained;] that he 20 has not borne arms against the governmentof the United Loyalty. States, or (or she has not) in any manner aided or abetted the rebellion, or those prosecuting the rebellion, or manifested a sympathy with their cause, but, on the contrary, did, during the said rebellion, earnestly desired its sup25 pression by force of arms; that he (or she) was last paid Last payment. his (or her) pension on the - day of, 18-, [here the claimant, if an invalid, should depose as to the continuance of his disability, and if a widow, mother, Continuance of or father, as to remarriage;] that he (or she) hereby disability and re30 appoints, his or her attorney to prosecute Agent. the above claim; that his (or her) residence is at No. Residence and in street, in the ~ of, county of ds office ad-,State of, and that his (or her) post office address is 40 (Claimant's signature.) (Identification and jurat as in Form F.) 11 For application for arrears see Form N. 46 L. Declaration of pensioner for restoration to the rolls under section 3, act of July 27, 1868. STATE OF, County of, ss: On this - day of, A. D., personally ap- 5 Court officer. peared before me -, [here state official charApplicant. acter,], who, being duly sworn according to law, makes the following declaration in order to secure restoration to the rolls of pensioners: that the person on account of whose disability (or death) pension was 10 Name of pen- granted, was, who was a - in, sioner. [here state company and regiment if in the army, or vessel and rank if in the navy, and whether in other service; and if so, what, and under what name;] that the pension ension certifi- certificate numbered, and bearing date, is 15 cate. herewith returned, [here claimant must depose distinctly Why pension and specifically the reason why pension has not been has not been e sn claimed. claimed, whether because of cessation of disability, dependence, remarriage, or other cause;] that he (or she) Agent. hereby appoints, his or her attorney to 20 Residence and prosecute the above claim; that the residence of claimant post office ad- is at No. -, in street, in the of, dress. county of -, and State of, and that his (or her) post office address is (Signature of claimant.) 25 (Identification and jurat as in Form F.) 47 M. Declaration for increase of pension under section 13, act of July 27, 1868. STATE OF, County of, ss: 5 On this - day of, A. D. -, personally appeared before me -, [here state official ivil officer. character of the person administering the oath,] Applicant. who, being duly sworn according to law, makes the following declaration in order to obtain the benefit of the 10 provisions of section 13 of an act of Congress relating to pensions, approved July 27, 1868: that the person on account of whose disability (or death) pension was granted, was, who was a [here give company and Service. regiment if in the army, or vessel and rank if in the 15 navy, and whether in any other service; and if so, what, and under what name;] that the pension certificate Pension certifi numbered -, and bearing date,is herewith cate. returned, [here claimant should, if an invalid, depose as to the continuance of his disability, and if a widow, Continuance of 20 mother, or father, as to remarriage;] that claimant ap- disability. points, his attorney to prosecute the above Remarriage. claim, and that his (or her) residence is at No. ~, in Agent. street, in the of, county of,post office adand State of and that his (or her) post office dres. 25 address is (Signature of claimant.) (Identification and jurat as in Form F.) 48 N. Applicationfor renewal or arrears of pensions. To the Commissioner of Pensions: Applicant. SIR: Believing that I, ( - - -, of) - - Pension on ac- who was a- - - - I-here state rank, and if the 5 cts of rth person on account of whose disability or death pension claim is made. was granted was in the army, give company and regiment, and if in the navy, name of vessel, and whether in other service; and if so, what, and under what name with date of enlistment and discharge in each service,] 10 am entitled to -- of my pension, which was payPension agency. able at agency, I herewith return my present Certificate. pension certificate, No., [if already surrendered, so state, and if it cannot be produced state the reason;] Remarriage. that, [if the applicant be a widow, she should state 15 Arreawrsor whether she has remarried;] that I ask of my Basis of claim. pension may be granted, because [here give grounds;] poesidence and that my r No., -- street, in - dress. of -, county of ~, and State of (Claimant's signature.) 20 49 0. Declaration for restoration to pension rolls of a person whose name has been dropped by reason of re-enlistment. STATE OF ~, County of -, ss: 5 On this - day of -, A. D. -, personally appeared before me, -, [here state official character civil officer. of officer administering the oath] in and for State and county, - -, who, being duly sworn according Applicant. to law, declares: that his name was duly enrolled at 10 the pension agency, at the rate of - dollars Pension agency. per month, by reason of disability incurred in the mili- Disability. tary (or naval) service of the United States; [here state Service. the company and regiment if in the army, or vessel and rank if in the navy;] that he re-enlisted on the - day Last discharged. 15 of, A. D., in -, [here state service and rank,] was last discharged on the - day of, A. D., Lt pd. and was last paid on the day of, A. D. -, that he believes himself entitled, by reason of continu- Continuance of ance of said disability, to be restored to the rolls; that disability. 20 he herewith returns his present pension certificate, No.-, Certificate. (if already surrendered, so state; and if he cannot produce it, state the reason;) that, while in the service aforesaid, he was treated for said disability in the following named (or numbered) hospital; [here give a particular Treatment in 25 and minute account of his physical condition from the hospital. Description of date at which his pension ceased to the present time, cause ofdisability. and where the applicant resided, and what has been his Date of origin, occupation when out of the service;] that he hereby its progress &c. appoints his attorney to prosecute his claim; Agent. 30 that his residence is at No -, in street, in the Residence and of, county of, and State of_. ss ffi d (Claimant's signature.) (Identification and jurat as in Form A.) 4 P L 50 P. Declaration for pension under section 6, act of March 2, 1867. The undersigned respectfully applies to the Honorable,~ Secretary of the Navy, for the benefits of 5 the sixth section of the act approved March 2, 1867, having served years, and was last discharged from the United States, as, on the — 18-, and furnishes the following statement of his naval service: 10 Name of yesDate of enlistment. smel. fRating. Commanding officer. Date of discharge. And further states that he is years of age, - feet inches in height, and was born -, and has the following permanent marks and scars:, all of which can be v'erified by the records of the 15 Navy Department and the vessels named., 18-. (Signature.) (Address.) 51 Q. APPLICATION FOR A NEW CERTIFICATE. N. B.-Blanks are left at the close of applicant's affidavit that he may set forth the time, place, and manner of the loss or destruction of 5 the original certificate. The pensioner's oath must be supported by the evidence of another person as to identity. The witness must swear that he well knows him to be the same person described in his affidavit, and the magistrate must certify that the deponent is a person of veracity. 10 When a person acting as agent or attorney for a pensioner loses the certificate, the affidavit of that person, duly authenticated, is also required. The official character and signature of the officer before whom the affidavits are made must be authenticated by the certificate of the 15 proper officer, under his seal of office; and in every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet which contains the ffidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small ribbon the ends of which must pass under the seal of 20 office of the certifying officer. STATE OF ~, County of, ss: On this day of, 18 —, before the subscriber, a for said county, personally appeared, who, on- oath, declares that is the 25 ~ who was a in the service of the United States; that name was placed on the pension roll of the State of -; that received a certificate of that fact under the signature and seal of the secretary of; which certificate, on or about the 30 day of -, 18-, at or near Sworn and subscribed to before me the day and year 35 aforesaid. STATE OF, County of, ss: On this - cday of, 18-, before the subscriber, a - for said county, personally appeared 40, who, on his oath, declares that he well knows, who has executed the foregoing affidavit, to be the identical pensioner named therein. Sworn and subscribed to before me the day and year aforesaid. 45 52 R. APPLICATION FOR A TRANSFER. No pensioner will be transferred to a State unless he or she is a per manent resident therein, or to an agency unless their residence is within the district. The official character and signature of the acting 5 magistrate must be duly certified. STATE OF --, County of, ss: On this - - day of, 18-, before me, a, personally appeared, a resident of, who, being duly sworn, declares that is the 10 same person whose name was placed, on the - day of -, 18-, upon the list of* pensions, at the rate of dollars cents per month, from the day of', 18-. That said was last paid at the pension agency 15 of, to the' day of ~, 18-, but now desires and applies for the payment of said pension at, and the transfer of name to the roll of, the pension agency att -..20 Sworn and subscribed to before me, the day and year aforesaid. * Insert "army" or "navy." t Insert the place and the reasons for requesting the transfer. 25 EVIDENCE OF IDENTITY. STATE OF, County of, ss: I, ~, in the county above named, do hereby certify that I have the most satisfactory evidence,* viz: 30 that ~, who has this day appeared before me to take the oath of identity, is the identical person named in the pension certificate, which he has exhibited before me, numbered, and bearing date at the 35 the day of, 18-, and signed by, secretary of Given under my hand at, this day of 18-. 40 N. B.-When the pensioner is personally known to the agent, and he will certify to his identity, the annexed form may be dispensed with. *Here state what the evidence is-whether personal knowledge, or the affidavits of respectable persons, giving their names. STATE OF, County of, ss: 45 I,, clerk of the court of the county and State aforesaid, do hereby certify that is, duly commissioned and qualified; that his commission was dated on the - day of, 18-, and wi expire on the day of, 18-; 50 and that his signature above written is genuine. Given under my hand and the seal of said county, this day. of - 186-., Clerk. LAWS. ARIMY AND NAVY PENSION LAWS. AN ACT to provide for persons who were disabled by known wounds received in the Revolutionary war, approved April 10, 5 1806.-(Revised Statutes, vol. ii, chap. xxv.) Be it enacted by the Senate and House of Representatives Officers, soldof the United States of America in Congress assembled iser marines, or That any commissioned, or non-comlmissioned officer, not desert, or remusician, soldier, marine or seaman, disabled in the siged from disa10 actual service of the United States, while in the line of der them incapable to procure a his duty, by known wounds received during the revolu- subsisteoce by tionary war, and who did not desert the service; or who meanual labor, to in consequence of disability as aforesaid, resigned his pension list. commission, or took a discharge; or who, after incurring 15 disability as aforesaid, was taken captive by the enemy, and remained either in captivity or on parole, until the close of said revolutionary war; or who, in consequence of known wounds received as aforesaid, has, at any period since, become and continued disabled in such manner 20 as to render him unable to procure a subsistence by manual labor; whether such officer, musician, soldier, marine, or seaman, served as a volunteer, in any proper service against the common enemy, or belonged to a detachment of the militia which served against the 25 commonl enemy, or to the regular forces of the United States, or of any particular State, he shall, upon substantiating his claim in the manner hereinafter described, be placed on the pension list of the United States, during life, or the continuance of such disability, 30 and be entitled, under the regulations hereinafter mentioned, to receive such sum as shall be found just and proper, by the testimony adduced. Approved April 10, 1806. 35 AN ACT concerning invalid pensioners, approved April 25, 1808.(Revised Statutes, vol. ii, chap. lviii.) [To proxide for payment of State pensioners of the revolution by the United States, and for invalids disabled subsequent to the revolution.] 40 * * * * * SECTION 3. And be it further enacted, That the Secretary of War be, and he is hereby, authorized and directed to place on the pension list of the United States all PersonsonStat persons who now remain on the pension list of any oflists of pensioners, 45 the States; and who were placed on the same in by reason of wounds in revoluconsequence of disability occasioned by known wounds tionary war, entireceived during the revolutionary war, whether sudh ltespo enUiot 54 person or persons served in the land or sea service of the forces of the United States, or of any particular State, in the regular corps, or the militia, or Half-payforoffi. as volunteers: Provided, That t in no case the pencerls, and $5 for esions allowed to such person or persons shall exceed 5 privates, or pro- portionsthereof. the sums specified by the sixth section of an act, entitled "An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the tenth day of April, one thousand eight satisfactory evi- hundred and six: And provided, That in every case 10 States requisite where application shall be made to have such person or persons placed on the pension list of the United States, under this law, satisfactory documents from the proper officers of the State shall be adduced to establish the fact of such person or persons having been placed on 15 the State pension list in consequence of disability occasioned by known wounds received during the revolutionary war. SEc. 4. And be it further enacted, That any officer, non-commissioned officer, musician, or private, who has 20 ab',duindedortis- been wounded or disabled since the revolutionary war, volntionary war, while in the line of his duty, in the actual service of the pensioned or no United States, whether he belonged to the military establishment or the militia, or any volunteer corps, called into service under the authority of the United 25 States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations, as are prescribed by the act entitled "A An act to provide for persons who were disabled by known wounds received in the revolutionary war, passed April 30 the tenth, one thousand eight hundred and six. * * * * * * Approved April 25, 1808. AN ACT to raise an additional military force, approved January 11, 1812.-(Revised Statutes, vol. ii, chap. xiv.) 35 [To provide for invalids of the war of 1812.] How the offi- SECTION 14. And be it further enacted, That if any cers, non-comlinis- officer, non-commissioned officer, musician, or private, sioned officers, &c., may become shall be disabled by wounds, or otherwise, while in the 40 pensione;s. line of his duty in public service, he shall be placed on the list of invalids of the United States, at such rate of pension, and under such regulations, as are or may be Limitationofal- directed by law: Provided always, That the compensaowance as pen- tion to be allowed for such wounds or diabilities to a 45 loners. commissioned officer shall not exceed, for the highest rate of disability, half the monthly pay of such officer, at the time of his being disabled or wounded; and that no officer shall receive more than the half-pay of a lieutenant-colonel; and that the rate of compensation to 50 Proviso. non-commissioned officers, musicians, and privates, shall riot exceed five dollars per month: And provided, also, 55 That all inferior disabilities shall entitle the person so disabled to receive an allowance proportionate to the highest disability. 5 Approved January 11, 1812. AN ACT making further provision for military services during the late war, and for other purposes, approved April 16, 1816.-(Revised Statutes, vol. iii, chap. lv.) [To provide half-pay to widows and children of soldiers, &c., of war 10 of 1812.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, when any officer or private soldier of the militia, including rangers, sea-fencibles, and vol- Widows and children of sold15 unteers, or any non-commissioned officer, musician, or ier who died in private, enlisted for either of the terms of one year or service during the eighteen months, or any commissioned officer of the wounds received regular army, shall have died while in the service of while in servicehalf-pay for five the United States, during the late war, or in returning years. 20 to his place of residence, after being mustered out of service, or who shall have died at any time thereafter, in consequence of wounds received while in the service, and shall have left a widow, or, if no widow, a child or children under sixteen years of age, such widow, or, if 25 no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; and in case of death or intermarriage of such widow before the expiration of said five years, 30 the half-pay for the remainder of the time shall go to the child or children of said decedent: Provided, always, That the Secretary of War shall adopt such forms of evidence in applications under this act as the President of the United States mayprescribe: Provided, also, That 35 the officers and private soldiers of the militia, as aforesaid, who have been disabled by wounds or otherwise, while in the service of the United States, in discharge Soldiers of the of their duty during the late war, shall be placed on militia disabled during the war of the list of pensioners in the same manner as the officers 1812. 40 and soldiers of the regular army, under such forms of evidence as the. President of the United States may prescribe: Provided, also, That the provisions of this act shall not extend to any person embraced in the provision Proviso. of the act entitled, "An act to provide for the widows 45 and orphans of militia slain, and for militia disabled in the service of the United States," passed the second day of August, one thousand eight hundred and thirteen. Approved April 16, 1816. 56 AN ACT to increase the pensions of invalids in certain cases, for the relief of invalids of the militia, and for appointment of pension agents in those States where there is no commissioner of loans, approved April 24, 1816.-(Revised Statutes, vol. iii, chap. xviii.) Be it enacted by the Senate and House of Representatives 5 of the United States of America in Congress assembled, Rate of pensions That all persons of the rank hereinafter named, who apportioned by disabilities. are now on the military pension roll of the United States, shall, from and after the passage of this act, be entitled to, and receive, for disabilities of the highest 10 degree, the following sums, in lieu of those to which they are now entitled, to wit: a first lieutenant, seventeen dollars; a second lieutenant, fifteen dollars; a third lieutenant, fourteen dollars; an ensign, thirteen dollars; a non-commissoned officer, musician, or private, 15 eight dollars per month; and for disabilities of a degree less than the highest, a sum proportionately less. Persons provi- SEC. 2. And be it further enacted, That all persons of dedt for be firt the aforesaid ranks, who may hereafter be placed on on pension rolls, the military pension roll of the United States, shall, 20 according to rates thereinprescribed. according to their ranks and degrees of disabilities, be placed on at the aforesaid rates of pensions in lieu of those heretofore established: Provided, That nothing herein contained shall be construed to lessen the pension of any person who, by special provision, is entitled 25 to a higher pension than is herein provided. Laws and regu- SEC. 3. And be it further enacted, That all laws and lations relating to the regular army regulations relating to the admission of officers and to extend to the soldiers of the regular army to be placed on the pension roll of the United States shall, and they are hereby 30 declared to, relate equally to the officers and soldiers of the militia, while in the service of the United States. Approved April 24, 1816. AN ACT supplementary to the "Act for the relief of certain surviv- 35 ing officers and soldiers of the Revolution," approved June 7, 1832.-(Revised Statutes, vol. iv, chap: cxxvi.) The act of June 7,1832, grants pension to all soldiers of the continental line, State troops, volunteers, or militia, and to all sailors and marines who had then 40 served two years, full pay from Marc 3, 1831, for life, not to exceed captain's pay, and to all who had served not less than six months, an annuity proportioned to term of service; those already pensioners to relinquish former pension before receiving benefits of this act. 45 Whatever may have accrued between the last preceding last semi-annual payment and the death of a person entitled as above stated is to be paid to the widow. 57 AN ACT granting half-pay to widows and orphans where their husbands and fathers have died of wounds received in the nilitary service of the United States in certain cases, and for other purposes, approved July 4, 1836.-(Revised Statutes, vol. v, 5 chap. ccclxii.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when any officer, non-commissioned officer, musician, or private, of the militia, including rangers, sea- Five years half^an sha- ll l.. pay to widows or 10 fencibles, and volunteers, shall have died while in the orphans of those service of the United States, since the twentieth day of nho have died since April 20, April, eighteen hundred and eighteen, or who shall have s181, in the service died in consequence of a wound received while in the f the s Un te service, since the day aforesaid, and shall have left a wounds received 15 widow or, if no widow, a child or children under six- in the service teen years of age, such widow, or, if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death or receiving such wound, for and dur20 ing the term of five years; and in case of the death or marriage of such widow before the expiration of said five years, the half-pay for the remainder of the time shall go to the said decedent: Provided, That the half-pay aforesaid shall b1 half the monthly pay of the Proviso. 25 officers, non-commissioned officers, musicians, and privates, of the infantry of the regular army, and no lmore: Provided, also, That no greater sum shall be allowed to the widow or to the child or children of any officer than Proviso. the half-pay of a lieutenant colonel. 30 SEC. 2. And be it further enacted, That if any officer, non-commissioned officer, musician, soldier, Indian spy, Accrued pen-t' ~~. ~'-\ ~~~~ ~' I sion of invalid to mariner, or marine, whose service during the revolu- be paid to widows tionary war was such as is specified in the act passed or children. the seventh day of June, eighteen hundred and thirty35 two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the Revolution," have died since the fourth day of March, eighteen hundred and thirty-one, and before the date of said act, the amount of pension which would have ac40 crued from the fourth day of March, eighteen hundred and thirty-one, to the time of his death, and become payable to him by virtue of that act, if he had survived the passage thereof, shall be paid to his widow; and if he left no widow, to his children, in the manner pre45 scribed in the act hereby amended. SEC. 3. And be it further enacted, That if any person who served in the war of the Revolution in the manner Extended to widows who were specified in the act passed the seventh day of June, maried before the eighteen hundred and thirty-two, entitled "An act sup- expiration of the service of their 50 plementary to the act for the relief of certain surviving husband. officers and soldiers of the Revolution," have died, leaving a widow whose marriage took place before the expiration of the last period of his service, such widow shall be entitled to receive, during the time she may re55 main unmarried, the annuity or pension which might 58 have been allowed to her husband by virtue of the act aforesaid, if living at the time it was passed. Transfer of any * * * * * * declared void. Approved July 4, 1836. The Secretary of War to adopt forms. The act of March 3, 1843, extends the pension of 5 widows provided for by the act of July 4, 1836, for one year; and that of June 17, 1844, extends the same for four years. AN ACT providing for the prosecution of the existing war between the United States and the republic of Mexico, approved May 13, 10 1846.-(Revised Statutes, vol. ix, chap. xvi.) SEC. 7. And be it further enacted, That the volunteers Provision for who may be received into the service of the United volunteers woun- ates by, of hi ded or otherwie States by virtue of the proviion of this act, and who disabled in service shall be wounded or otherwise disabled in the service, 15 in Mexican war.' in Mxc ar shall be entitled to all the benefits which may be conferred on persons wounded in the service of the United States. Approved May 13, 1846. AN ACT making further provisions for surviving widows of the 20 soldiers of the Revolution, approved February 2, 1848.-(Revised Statutes, vol. ix, chap. viii.) The act of February 2, 1848, provides that the widows of those who have served as stated in act of June 7, 1834, and who remarried prior to 1794, shall be entitled, 25 from and after March 4, 1848, to what the deceased could have drawn under the act of 1838 aforesaid, such pension to cease upon remarriage. AN ACT amending the act entitled " An act granting half-pay to widows and orphans where their husbands and fathers have died 30 of \wounds received in the military service of the United States" in case of deceased officers and soldiers of the militia and volunteers, passed July 4, 1836, approved July 21, 1848.-(Revised Statutes, vol. ix, chap. cviii.) Be it enacted by the Senate and House of Representatives 35 of the United States of America in Congress assembled, That the provisions of the first section of the act entitled "An act granting half pay to widows or orphans, Provisions o~fthe where their husbands and fathers have died of wounds act of July 4, 1836, granting half-pay received in the military service of the United States, in 40 to widows or orphans of officers certain cases, and for other purposes," approved July or soldiers, &c., fourth, eighteen hundred and thirty-six, shall be appliwho were in the army March 1, cable to all widows and orphans of officers, non-commis1846, and during sioned officers, musicians, and soldiers of the army of h exicothe prnited States, ho ere in tarmy of the United 45 with Mexico. the United States who were in the army of the United 45 59 States on the first day of March, eighteen hundred and forty-six, or at any subsequent period during the present war between the United States and Mexico. SEC. 2. And be it further enacted, That all widows and 5 orphans of officers, non-commissioned officers, musicians, and privates, whether of the regular army or of volun- widows and orteers, who have died since the first day of April, one sided for torethousand eight hundred and forty-six, or who may dieceive the same rate of pension as during the war with Mexico, from wounds received or is provided for in 10 from disease contracted while in the line of duty, shall the above act. be entitled to the' same rate of pension as is provided for in the first section of the before-mentioned act, under like limitations and restrictions: Provided, Said death has occurred, or may hereafter occur, while said officers, 15 non-commissioned officers, musicians, or privates, were Proviso. in the service of the United States, and in the line of duty; or while returning to their usual place of residence in the United States, after having received a discharge The act of Febupon a surgeon's certificate of disability incurred from uaryies2, 1849, 20 wounds received, or disease contracted, while in the line those whose busof duty, or while on their march to join the army in their return to Mexico: And provided further, That this act shall not be their usual place of residence in the applicable to the widows and orphans of such officers, United States. non-commissioned officers, musicians, or privates, who Proviso. 25 have not served in Mexico, or at posts or stations on the borders of Mexico, except where such officers, non-commissioned officers, musicians, or privates, have died while on their march to join the army in Mexico. SEC. 3. And be it further enacted, That all pensions 30 under this act shall be granted under such rules, regulations, restrictions, and limitations, as the Secretary of Sec'ry of War War, with the approbation of the President of the Uni- to prescribe rules 7 as. and regulations. ted States, may prescribe.'Approved July 21, 1848. 35 A joint resolution of September 28,1850, extends the benefits of the act of July 21, 1848, to the widows of those soldiers who have died subsequent to the passage of said act: Provided, That the army rolls, showing the death of any of said persons in the army, shall be suffi40 cient evidence to establish that fact. Sept. 28,1850, xA joint resolution of March 3, 1851, grants the bene- tends benefits of fits for which provision is made by the acts of July 7, 1 of July 21, 1838, March 3, 1843, and June 17, 1844, to those whose husbands died subsequent to the passage of said acts. 45 The act of February 3, 1853, continues the five years half pay granted by the acts of July 21, 1848, and Feb- Resolution of March 3, 1851, exruary 22, 1849, for another term of five years; extends tends benefits of the benefits of the last-named act to the widows and a8ct of Ja'l 17, orphans of soldiers of the regular army, militia, and s843, and June 17, 50 volunteers of the war of 1812, and the several Indian 1844. wars since 1790, and provides that all revolutionary3, 15February widows, married since 1800, shall be pensioned the same Extension of sif mrried prior t h d half-pay pensions, as if married prior to that date. war of 1812. 60 Marriage subse- The act of August 57 1854, provides that a widow penquent to 1800. sionable under prior acts, who has remarried, is only ia, onvey ure debarred during coverture. AN ACT to extend an act entitled "An act to continne half-pay to certain widows and orphans," approved February 3, 1853; ap- 5 proved June 3, 1858.-(Revised Statutes, vol. xi, chap. lxxxv.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all those surviving widows and minor Half-pay'con- children who have been or may be granted and allowed 10 tinued to widows1 pensionable under five years half-pay, under the provisions of any law or laws prior to date laws of the United States, be and they are hereby, of this act, during, y life. and to chil granted a continuance of such half-pay, under the foldren under sixteen' years if no widow lowing terms and limitations, viz: To such widows during life, and to such child or children, where there is 15 no widow, while under the age of sixteen years, to commence from the expiration of the half-pay prokided for by the first section of the act entitled " An act to continue half-pay to certain widows and orphans," approved February three, eighteen hundred and fifty-three: 20 Provided, however, That, in case of the marriage or death toalf-pay o go of any such widow, the half-pay shall go to the child to children in case u the widow mar- or children of the deceased officer or soldier, while ries. under the age of sixteen years; and in like manner the child or children of such deceased officer or soldier, 25 when there is no widow, shall be paid no longer than while there are children or a child under the age aforesaid: And provided, further, That the half-pay of such mSha be half-wid ows and orphans shall be half the monthly pay of monthly pay, and never exceed that the officers, non-commissioned officers, musicians, and 30 etenat C privates, of the infantry of the regular army of the United States, and no more, and that no greater sum shall be allowed to any such widow or minor children than the half-pay of a lieutenant colonel: And provided, Proviso. also, That this act shall not be construed to apply to 35 or embrace the case of any person or persons now receiving a pension for life; and, further, that wherever half-pay shall have been granted by any special act of Congress, and is renewed or continued under the provisions of this act, the same shall continue from the date 40 hereof. SEC. 2. And be it further enacted, That the provisions renewed or continued by this act, shall be payable out of any moneyin the treasury not otherwise appropriated. Approved June 3, 1858. 45 AN ACT to increase the pensions of the revolutionary pensioners now on the rolls of the Pension Office, approved April 1, 1864.(Revised Statutes, vol. xiii, chap. xlvi.) Stipend to in- The act of April 1, 1864, grants an annual stipend of validone hundred dollars to each revolutionary pensioner, 50 for life, in addition to the pension to which they were otherwise entitled. 61 JOINT RESOLUTION in relation to the pensions of widows of revolutionary soldiers, approved February 18, 1867.-(Revised Statutes, vol. xiv, No. xvi.) Be it resolved by the Senate and House of Representatives 5 of the United States of America in Congress assembled, That the pensions of widows of revolutionary soldiers Resolution of whose names are now upon the pension rolls, and who February 18. 1867. Pensions of widwere married to revolutionary soldiers prior to January ows of revoltionfirst, eighteen hundred, be and the same are hereby, ry soldiers to be disabled by reason ofJi a'ny wouincreased, and 10 increased to and shall be paid at the same rate as the from what date. deceased soldiers would be entitled under existing laws, ofApei. f4 if now living; such increase and payment to be made hereby given to from the thirtieth day of September, eighteen hundred widows and sixty-five. 15' Approved February 18, 1867. AN ACT to grant pensions, approved July 14, 1862.-(Revised Statutes, vol. xii, chap. clxvi.) [To provide for pensions to invalids of the war of the rebellion and their relatives, &c.] 20 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any officer, non-commissioned officer, musi- Persons entitled cian, or private of the army, including regulars, volun- to invalid pension. teers, and militia, or any officer, warrant or petty officer, 25 musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease 30 contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United 35 States, and be entitled to receive, for the highest rate Proportionate to of disability, such pension as is hereinafter provided in isabily, and dur such cases, and for an inferior disability an amount pro- ing its existence. portionate to the highest disability, to commence as hereinafter provided, and continue during the existence 40 of such disability. The pension for a total disability for officers, non-commissioned officers, musicians, and privates employed in the military service of the United Rates in army. States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz: Lieutenant 45 colonel, and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per, month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musi50 cians, and privates, eight dollars per month. The pension for total disability for officers, warrant or petty 62 officers, and others employed in the naval service of the Rates in navy. United States, shall be as follows, viz: Captain, commander, surgeon, paymaster, and chief engineer, respectively, ranking with commander by law, lieutenant commanding, and master commanding, thirty dollars per 5 month; lieutenant, surgeon, paymaster, and chief engineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per monthl; professor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain, twenty dollars per 10 month; first assistant engineers and pilots, fifteen dollars per month; passed midshipman, midshipman, captain's and paymaster's clerk, second and third assistant engineer, master's mate, and all warrant officers, ten dollars per month; all petty officers, and all other per- 15 sons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension But one pension. as is herein provided for the rank in which they hold commissions. 20 Widow or chil- SEC. 2. And be it further enacted, That if any officer dren, from death or other person named in the first section of this act of husband or father, during wid- has died since the fourth day of March, eighteen hunowhood, or minor- dred and sixty-one, or shall hereafter die, by reason of ity. any wound received or disease contracted while in the 25 service of the United States, and in the line of duty, his widow, or, if there be no widow, his child or children under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to corn- 30 mence from the death of the husband or father, and to continue to the widow during her widowhood, or to the child or children until they severally attain to the age of sixteen years, and no longer. SEC. 3. And be it further enacted, That where any 35 officer or- other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, 40 and in the line of duty, and has not left nor shall not leave a widow nor legitimate child, but has left or shall If no widow orleave a mother who was dependent upon him for supcthlder.endent c rt in whole or in part, the mother shall be entitled 12, act of June 6, to receive the same pension as such officer or other per- 45 1866, and sec. i, act of July 27, son would have been entitled to had he been totally 1868, for provi- disabled; which pension shall commence from the death sion as to fathers and broth- of the officer or other person dying as aforesaid: Propers.)irovied, na vided, however, That if such mother shall herself be in widow and mo- receipt of a pension as a widow, in virtue of the pro- 50 ther. visions of the second section of this act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance: And provided further, That the pension Terminates at given to a mother on account of her son shall terminate 55 remarriage on her remarriage: And provided further, That nothing 63 herein shall be so construed as to entitle the mother of an officer or other person dying, as aforesaid, to more Not more than than one pension at the same time under the provisions one pension. of this act. 5 SEC. 4. And be it further enacted, That where any officer or other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease 10 contracted while in the service of the United States, and in the line of duty, and has not left or shall not leave a widow, nor legitimate child, nor mother, If no widow, but has left or may leave an orphan sister or sisters, orphan dependent under sixteen years of age, who were dependent upon sisters, until six15 him for support, in whole or in part, such sister or act of June 6,866, sisters shall be entitled to receive the same pension and sec. 1, act of as such officer or other person would have been entitled provision as to fato had he been totally disabled; which pension to said ter and brothorphan shall commence from the death of the officer or 20 other person dying as aforesaid, and shall continue to the said orphans until they severally arrive at the age of sixteen years, and no longer: Provided, however, That nothing herein shall be so construed as to entitle said orphans to more than one pension at the same time Only one pen25 under the provisions of this act: And provided further, That no moneys shall be paid to the widow or children, or any heirs of any deceased soldier, on account of bounty, back pay, or pension, who have in any way been engaged in or who have aided or abetted the exist- Loyalty requi30 ing rebellion in the United States; but the right of such site. disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be. SEC. 5. And be it further enacted, That pensions which 35 may be granted, in pursuance of the provisions of this act, to persons who may have been, or shall be, employed in the military or naval service of the United States, shall commence on the day of the discharge of such Commencement persons in all cases in which the application for such of pension, when application filed 40 provisions [pensions] is filed within one year after the within one year. date of said discharge; and in cases in which the appli- 6, c(t of July 27, cation is not filed during said year, pensions granted to 1868.) persons employed as aforesaid shall commence on the day of the filing of the application. 45 SEC. 6. And be it further enacted, That the fees of Agents' fees. (Repealed by sec. agents and attorneys for making out and cusing to be 2, act of July 4 executed the papers necessary to establish a claim for a 1864.) pension, bounty, and other allowance before the Pension Office under this act, shall not exceed the following 50 rates: For making out and causing to be duly executed a declaration by the applicant, with the necessary affidavits, and forwarding the same to the Pension Office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Com55 missioner of Pensions, for each affidavit so required and executed and forwarded, (except the affidavits of sur 64 geons, for which such agents and attorneys shall not be entitled to any fees,) one dollar and fifty cents. Penalties for SEC. 7. And be it further enacted, That any agent or erharge bye sec, attorney who shall, directly or indirectly, demand or act of July 4 receive any greater compensation for his services under 5 184. this act than is prescribed in the preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty, or other allowance under this act, on the condition that he shall receive a per centum upon, or any portion of the amount of such 10 claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claiml allowed and due to such pensioner or claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall for every such offense be 15 fined not exceeding $300 or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offense. SEC. 8. And be it further enacted, That the Commissioner of Pensions be, and he is hereby, empowered to 20 Examining sur- appoint, at his discretion, civil surgeons to make the paido fee-how biennial examinations of pensioners which are or may be required to be made by law, and to examine applicants for invalid pensions, where he shall deem an examination by a surgeon to be appointed by him neces- 25 sary; and the fee for each of such examinations, and the requisite certificate thereof, shall be $1 50 which fee shall be paid to the surgeon by the person examined, for which he shall take a receipt and forward the same to the Pension Office; and upon the allowance of the 30 claim of the person examined, the Commissioner of Pensions shall furnish to such persons an order on the pension agent of his State for the amount of the surgeon's fees. nstruction and SEC. 9. Ad be it further eacted, That the Conmis- 35 forms. sioner of Pensions, on application made to him in person or by letter by any claimants or applicants for pension, bounty, or other allowance required by law to be adjusted and paid by the Pension Office, shall furnish such claimants, free of all expense or charge to them, all such 40 printed instructions and forms as may be necessary in establishing and obtaining said claim; and in case such claim is prosecuted by an agent or attorney of such claimant or applicant, on the issue of a certificate of pension or the granting of a bounty or allowance, the 45 Notice of issue Commissioner of Pensions shall forthwith notify the applicant or claimant that such certificate has been issued, or allowance made, and the amount thereof. Persons on gun- SEC. 10. And be it further enacted, That the pilots, bmustered.t engineers, sailors, and crews upon the gunboats and 50 war vessels of the United States, who have not been regularly mustered into the service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war; 55 65 and all persons serving as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to receive for such disability the pension allowed by the provisions of this act to those of like rank, and 5 each and every such person shall receive pay according to corresponding rank in the naval service: Provided, That no person receiving pension or bounty under the bounty for other provisions of this act shall receive either pension orS"ervic in same bounty for any other service in the present war. 10 SEC 11. And be it further enacted, That the widows widows'and heirs of persons and heirs of all persons described in the last-preceding designated in sec. section who have been or may be employed as aforesaid, s0. (Repealed by or who have been or may be killed in battle, or of those 4, 1864.) who havk died or shall die of wounds received while so 15 employed, shall be paid the bounty and pension allowed by the provisions of this act, according to rank, as provided in the last preceding section. SEC. 12. And be itfurther enacted, That the Secretary of the Interior be, and he is hereby, authorized to 20 appoint a special agent for the Pension Office, to assist in the detection of frauds against the pension laws, to cause persons committing such frauds to be prosecuted, and to discharge such other duties as said Secretary may require him to perform; which said agent shall 25 receive for his services an annual salary of $1,200, and his actual traveling expenses incurred in the discharge of his duties shall be paid by the government. SEC. 13. And be it further enacted, That all acts and Repealing clause. parts of acts inconsistent with the provisions of this act 30 be, and the same are hereby repealed. Approved, July 14, 1862. AN ACT supplementary to an act entitled "An act to grant pensions, approved July 14, 1862; approved July 4, 1864.-(Revised Statutes, vol. xiii, chap. ccxlvii.) 35 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the biennial examinations of pensioners required Biennial examinations by an apby an act approved March tree, eighteen hundred and pointed or confifty-nine, may be made by one surgeon only, provided fissioned sur^ ^ ^ 7 > ^ f, -, ^ ^ ^' ^,. ~~~geon; certificates 40 he is a surgeon of the army or navy, or an exanining of unappointed surgeon duly appointed by the Commissoner of Pen- beurge' chento sionls; nor shall the biennial certificate of two unappointed civil surgeons be accepted in any case, except upon satisfactory evidence that an examination by a 45 commissioned or duly appointed surgeon is impracticable. SEC. 2. And be it further enacted, That all fees paid Surgeon's fees. to examiining surgeons for biennial examinations, or for (Seea sec. 8, of th examinations especially ordered, as provided by the of July 14,1862.) 50 eighth section of the act to grant pensions, approved July fourteen, eighteen hundred and sixty-two, shall be refunded by the agent for paying pensions in the 5PL 66 district within which the pensioner or claimant resides, out of any money appropriated for the payment of pensions, under such regulations as the Commissioner of Pensions may prescribe. Declarations be- SEC. 3. And be it further enacted, That declarations 5 fore a court offi- of pension claimants shall be made before a court of cer-exceptions to this requirement. record, or before some officer thereof having custody of its seal, said officer being hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application there- 10 for: Provided, That the Commissioner of Pensions may designate, in localities more than twenty-five miles distant from any place at which such a court is holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken. 15 SEC. 4. And be it further enacted, That section twelve of the act to grant pensions, approved July fourteen, eighteen hundred and sixty-two, is hereby repealed. Special service. And the Commissioner of Pensions is authorized and empowered to detail, from time to time, clerks in his 20 office to investigate suspected attempts at fraud on the government through the Pension Office, and to aid in prosecuting any person so offending, with such additional compensation as is customary in cases of special service. 25 SEC. 5. And be it further enacted, That all persons now by law entitled to a less pension than hereafter specified, who shall have lost both feet in the military (Repealed by service of the United States and in the line of duty, sec. 1, at ofJune shall be entitled to a pension of twenty dollars per 30 6, 1866.) month; and those who, under the same conditions, have lost both hands or both eyes, shall be entitled to a pension of twenty-five dollars per month. When lack of SEC. 6. And be it further enacted, That no pension satisfactory rec-claim now on file, unless prosecuted to a successful 35 ord evidence is a bar. (Last sen- issue within three years from the passage of this act, tien reeof ths s- and no claim hereafter filed, not thus prosecuted to a sec. 6, act of June successful issue within five years from the date of such 6, 1866.) filing, shall be admitted without satisfactory record evidence from the War Department to establish the 40 same; and in every case in which a claim for pension shall have been filed more than three years after the discharge or decease of the party on whose account the claim is made, the pension, if allowed, shall commence from the date of filing the last paper in said case by 45 the party prosecuting the same. Widowspension SEC. 7. And be it further enacted, That on the remarnot renewable afriage of any widow receiving a pension, such pension ter remarriage. shall terminate, and shall not be renewed should she again become a widow. 50 SEC. 8. And be it further enacted, That examining surgeons, duly appointed by the Commissioner of Pensions, may be required by him, from time to time, as he shall deem for the interests of the government, to Special examin- make special examinations of pensioners on the rolls 55 ations. of their respective districts, and such examinations 67 shall have precedence over previous examinations, whether special or biennial; but when injustice is alleged to have been done by any examination so ordered, the Commissioner of Pensions may, at his dis5 cretion, select a board of three duly appointed examin- Appeal to board ing surgeons, who shall meet at a place to be desig-of surgeon. nated by him, and shall review such cases as may be ordered before them on appeal from any special ekamination as aforesaid, and the decision of such board 10 shall be final, on the question so submitted thereto. The compensation of all such surgeons shall not exceed Fees. that which has been customarily allowed in such cases, and shall be paid out of any appropriations made for the payment of pensions, in the same manner as the 15 ordinary fees of appointed surgeons are or may be authorized to be paid. SEC. 9. And be it further enacted, That those persons, Non-enlisted not enlisted soldiers in the army, who volunteered for wowns ndttthed the time being to serve with any regularly organized provided claim 20 military or naval force of the United States, or where J:P4eted befos7re persons otherwise volunteered and rendered service in 11, July 27, 1868. extends tinie for any engagement with rebels or Indians since the fourth completion toJul day of March, eighteen hundred and sixty-one, shall, 4, 1872.) if they have been disabled in consequence of wounds 25 received in battle in such temporary service, be entitled to the same benefits of the pension laws as those who have been regularly mustered into the United States service; and the widows or other dependents of any such persons as may have been killed in the temporary 30 service aforesaid shall be entitled to pensions in the same manner as they would have been had such persons been regularly mustered: Provided, That no claim under this section shall be valid unless presented and prosecuted to a successful issue within three years from 35 and after the passage of this act. All such claims shall be adjudicated under such special rules and regulations as the Commissioner of Pensions may prescribe most effectually to guard against fraud. SEC. 10. And be it further enacted, That if any person Pension of wid40 entitled to an invalid pension under the provisions of reltive, whndin the act granting pensions, approved July 14, 1862, has valid's application was pending at died, or shall hereafter die while an application for such death, to cornpension is pending, and having a widow or dependent "' when chis would have cornrelative entitled to receive a pension by reason of his menced, had he 45 services and death, as provided in said act, then the srived. pension to such widow or other person shall commence from the date at which the decedent's invalid pension would have commenced had he survived, subject to the conditions of this act and the act to which this is amen50 datory. SEC. 11. And be it further enacted, That all enlisted Muster of privales not resoldiers in the army who shall have become disabled in qired. the service, whether they shall have been regularly mustered in or not, shall be entitled to the same bene55 fits of the pension laws as those who have been regularly mustered into the United States service; and the 68 widows or other dependents entitled to pensions by law, as prescribed by the act'of July 14, 1862, of any such soldier who may have been killed, or shall have died, or shall hereafter die, by reason of any wound received or disease contracted while in said service and 5 in the line of duty, shall be entitled to the same pension as though such soldier had been regularly mustered into the service. Fees of agents SEC. 12. And be it further enacted, That the fees of and attorneys. (See sec. 4, act of agents and attorneys for making out and. causing to be 10 June 6, 66.) executed the papers necessary to establish a claim for a pension, bounty, and other allowance before the Pension Office, under this act, shall not exceed the following rates: For making out and causing to be duly executed al declaration by the applicant, with the necessary 15 affidavits, and forwarding the same to the Pension Office, with the requisite correspondence, ten dollars; which sum shall be received by such agent or attorney in full for all services il obtaining such pension, and shall not be demanded or received in whole or in part until such pen- 20 sion shall be obtained; and the sixth and seventh sections of an act entitled' An act to grant pensions," approved July fourteenth, eighteen hundred and sixty two, are hereby repealed. Penalties for SEC. 13. And be it further enacted, That any agent or 25 overcharge. attorney who shall, directly or indirectly, demand or receive any greater compensation for his services under this act than is prescribed in the preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty, or other allowance, under 30 this act, on the condition that he shall receive a per centum upon any portion of the amount of such claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claim allowed and due to such pensioner or claimant, 35 shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such offense, be fined not exceeding three hundred dollars, or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offense. 40 Proof of mar- SEC. 14. And be it further enacted, That the widows riage in cases of colored claimants. and children of colored soldiers who have been or who (Sec. 14, act of may be hereafter killed, orwho have died, or may hereJune 6, 1866, re- peals this.) after die, of wounds received in battle, or who have died or may hereafter die of disease contracted in the mili- 45 tary service of the United States, and in the line of duty, shall be entitled to receive the pensions now provided by law, without other proof of marriage than that the parties ha h habitually recognized each other as man and wife, and lived together as such for a definite period 50 next preceding the soldier's enlistment, not less than two years, to be shown by the affidavits of credible witnesses: Provided, however, That such widow and children are free persons: Provided further, That if such parties resided in any State in which their marriage may 55 69 have been legally solemnized, the usual evidence shall be required. SEC. 15. And be it further enacted, That all acts and Repealing clause. parts of acts inconsistent with the provisions of this act o are hereby repealed. Approved July 4, 1864. AN ACT supplementary to the several acts relating to pensions, approved March 3, 1865.-(Revised Statutes, vol. xiii, chap. lxxxiv.) Be it enacted by the Senate and House of Representatives 10 of the United States of America in Congress assembled, That no invalid pensioner, now or hereafter in the ser- Invalid not envice of the United States, shall be entitled to draw awhile tdrawing pension for any period of time during which he is or fullpay from government. (Reshall be entitled to the full pay or salary which an able- pealed by sec. 5, 15 -bodied person discharging like duties to the government act of June 6, is allowed by law. SEC. 2. And be it further enacted, That acting assistant Acting assistant or contract surgeons, disabled by any wound received or contract surgeons, as assistant or disease contracted while actually performing thesurgeons, and 20 duties of assistant surgeons or acting assistant surgeons ther relatives with any military force in the field or in transitu, shall* be entitled to the benefits of the pension laws in the same manner as if they had actually been mustered into the service with the rank of "assistant surgeon;" and 25 the widows, minor children, or the dependents of acting assistant surgeons dying while performing the duty aforesaid, shall, in like manner, be entitled to the same benefits of the pension laws as if the deceased had been actually mustered into the service as assistant surgeons. 30 SEC. 3. And be itfurther enacted, That all persons now (Repealed by by law entitled to a less pension than hereafter speci- 61 866.)t of June fied, who shall have lost one foot and one hand in the military service of the United States, and in the line of his [their] duty, shall be entitled to twenty dollars per 35 month. SEC. 4. And be it further enacted, That if any officer or other person named in the first section of an act entitled i'An act to grant pensions," approved July fourteen, eighteen hundred and sixty-two, has died since the 40 fourth day of March, eighteen hundred and sixty-one, or Children, if moshall hereafter die by reason of any wound received or ther has remarried without payment disease contracted while in the service of the United to her, to draw States, and in the line of duty, his widow, or if there be death; if the has no widow, or in case of her death or marriage without been paid, from her death or re45 payment to her of any part of the pension hereinafter marriage. Pro. mentioned, his child or children under sixteen years of viso affirms see. 10, act of July 4, age, shall be entitled to receive the same pension as the 1864. (See sec. 6, husband or father would have been entitled to undert July25, 1866.) said act had he been totally disabled, to commence from 50 the death of the husband or father, and to continue to the widow during her widowhood, or to the child or children until they severally attain to the age of sixteen 70 years, and no longer: Provided, That when such pension has been or shall hereafter be paid to the widow, such child or children shall only be entitled to receive the pension, to commence from the death or marriage of such widow, and [to] continue as aforesaid: Provided 5 further, That nothing herein contained shall be construed to repeal or modify the tenth section of.an act entitled "An act supplementary to'An act to grant pensions,' approved July fourteen, eighteen hundred and sixty-two," approved July fourth, eighteen hundred and 10 sixty-four, and said section is hereby declared to be in full force and effect in all cases arising under this act to which said section is applicable, saving and excepting such cases as are embraced in the preceding proviso. Approved March 3, 1865. 15 AN ACT supplementary to the several acts relating to pensions, ap'proved June 6, 1866.-(Revised Statutes, vol. xiv, chap. cvi.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section five of an act entitled "An act supple- 20 mentary to an act entitled'An act to grant pensions,' approved July fourteenth, eighteen hundred and sixtytwo," approved July fourth, eighteen hundred and Invalids-in- sixty-four, and section three of an act entitled "An act creased rates of supplementary to the several acts relating to pensions," 25 section is substi- approved March third, eighteen hundred and sixty-five, tuted for sec. 5, be, and the same are hereby, repealed, and the following act of July 4, 1864,t and sec. 3, act <f shall stand in lieu thereof: That, from and after the pasMarch 3, 1865.' See sec. 5, act of sage of this act, all persons by law entitled to a less penJuly 25, 1866.) sion than hereinafter specified, who, while in the mili- 30 tary or naval service, and in line of duty, shall have lost the sight of both eyes, or who shall have lost both hands, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require 35 the constant personal aid and attendance of another person, shall be entitled to a pension of twenty five dollars per month; and all persons, who, under like circumstances, shall have lost both feet, or one hand and one foot, or been totally and permanently disabled in the 40 same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention, shall be entitled to a pension of twenty dollars per month; and all persons who, under like circumstances, shall have lost 45 one hand or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or a foot, shall be entitled to a pension of fifteen dollars per month. 50 Pledge, &c., of SEC. 2. And be it further enactedl That any pledge, renuion, void, mortgage, sale, assignment, or transfer of any right, 71 claim, or interest in any pension which has been, or may hereafter be, granted, shall be void and of no effect; and any person acting as attorney to receive and receipt for money for and in behalf of any person entitled to a 5 pension shall, before receiving said money, take and subscribe an oath, to be filed with the pension agent, Oath of attorney. and by him to be transmitted, with the vouchers now required by law, to the proper accounting officer of the treasury, that he has no interest in said money by any 10 pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person; and any person who shall falsely take the said oath shall be guilty of perjury, Perjury. and, on conviction, shall be liable to the pains and pen15 alties of perjury. SEC. 3. And be it further enacted, That any person who shall present or cause to be presented at any pension agency any power of attorney, or other paper required as a voucher in drawing a pension, which paper shall 20 bear a date subsequent to that on which'it was actually Penalty for signed or executed, such person so offending shall be post-dating vouchers. deemed guilty of a high misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceed25 ing three years, or by both, at the discretion of the court before whom such conviction shall be had; and no sum Protecting penof money due, or to become due, to any pensioner under iron money in, I transit. the laws aforesaid, shall be liable to attachment, levy, or seizure by or under any legal or equitable process 30 whatever, whether the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. SEC. 4. And be it further enacted, That no claim agent Fee for prepar. 35 or other person shall hereafter charge or receive more ing vouchers. than twenty-five cents for preparing the papers necessary to enable a pensioner to receive a semi-annual payment of his pension, nor shall any pension agent charge or receive more than fifteen cents for administering an 40 oath to a pensioner, or his attorney-in-fact, under a penalty of five dollars in each case. SEC. 5. And be it further enacted, That section one of Repeals sec. 1, an act entitled "An act supplementary t6 the several 1865. acts relating to pensions," approved March three, eigh45 teen hundred and sixty-five, is hereby repealed. SEC. 6. And be it further enacted, That if any person entitled to an invalid pension has died since March four, eighteen hundred and sixty-one, or shall hereafter die while an application for such pension is pending, and 50 after the proof has been completed, leaving no widow and no minor child under sixteen years of age, his heirs Accruedpension or legal representatives shall be entitled to receive the to go to heirs. (See sec. 9, act of accrued pension to which the applicant would have been July 27, 1868.) entitled had the certificate been issued before his death. 55 SEC. 7. And be it further enacted, That in all cases Commissions ~~~~~~~~~when a commission shall have been reegularly issued to when a commission shall have been regularly issued to settle rank. 72 any person in the military or naval service who shall have died or been disabled while in the line of duty, after the date of such commission, and before being mustered, such officer or other person entitled to a pension for such death or disability by existing laws shall receive a pen- 5 sion corresponding to his rank, as determined by such commission, the same as if he had been mustered: Proproviso. vided, That this section shall not apply to any officer who shall have willfully neglected or refused to be so mustered. 10 On sickleave or SEC. 8. And be it further enacted, That officers absent furlough same as on sick leave, and enlisted men absent on sick furlough, pital. shall be regarded in the administration of the pension laws in the same manner as if they were in the field or hospital. 15 Period of service. SEC. 9. And be it further enacted, That the period of service of all persons entitled to the benefits of the pension laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the organization to which 20 such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. certain enlisted S[C. 10. And be it further enacted, That enlisted men men to be pen- employed as teamsters, wagoners, artificers, hospital 25 stewards, farriers, saddlers, and all other enlisted men, however employed in the service of the army or navy, not specifically mentioned in the first section of an act entitled "An act to grant pensions," approved July fourteen, eighteen hundred and sixty-two, shall be regarded, 30 in the administration of the pension laws, as non-commissioned officers or privates. Abandonment, SEC. 11. And be it further enacted, That if any officer, &c (See sec. 8, at of July 27, soldier, or seaman shall have died of wounds received 1868.) or of disease contracted in the line of duty in the mili- 35 tary or naval service of the United States, leaving a widow and a child or children under the age of sixteen years, and it shall be duly certified under seal, by any court having probate jurisdiction, that satisfactory evidence has been produced before such court that the 40 widow aforesaid has abandoned the care of such child or children, or is an unsuitable person, by reason of immoral condttct, to have the custody of the same, then no pension shall be allowed to such widow until said minor child or children shall have become sixteen years 45 of age, any previous enactment to the contrary notwithstanding, and the minor child or children aforesaid shall be pensioned in the same manner as if no widow had survived the said officer, soldier, or seaman, and such pension may be paid to the regularly authorized guar- 50 dian of such minor or minors. Provisions of SEC. 12. And be it further enacted, That section four sections 3 and 4, act of July 14, of an act entitled "An act to grant pensions," approved 186, extended to July fourteen, eighteen hundred and sixty-two, is hereby fathers and broth- I ers, respectively. SO amended that the provisions thereof shall apply to 55 (See se7., 16.at of and include the orphan brother or brothers, as well as July 27, 1868.)~ 73 sister or sisters, under sixteen years of age, and the father as well as mother of a deceased officer or other person named in section one of the above-entitled act, who were dependent upon him for support in whole or 5 in part, subject to the same limitations and restrictions. SEC. 13. And be it further enacted, That nothing in Sec. 6, act of this or any other act shall be so construed as to repeal Jfy 4, 1864, reor modify the sixth section of an act entitled " An act one pension asupplementary to' An act to grant pensions,' approved lowed. 10 July fourteenth, eighteen hundred and sixty-two," approved July fourth, eighteen hundred and sixty-four, or to entitle a person to receive more than one pension at the same time; and in every case in which a claim for pension shall not have been filed within three years 15 after the discharge or decease of the party on whose account the claim is made, the pension, if allowed, shall commence from the date of filing the last paper in said case by the party prosecuting the same. SEC. 14. And be it further enacted, That the fourteenth Cohabitation proof of marriage 20 section of an act entitled "An act supplementary to an and of legitimacy act entitled'An act to grant pensions,' approved July of children in cases -, ^ i, I ^ i -i ~ ^ ~ of colored claimfourteenth, eighteen hundred and sixty-two," approved ants. (This secJuly fourth, eighteen hundred and sixty-four, be, and tion repeals se.u ~ 14, act of July 4, the same is hereby, repealed; and that the widows and 1864.) 25 children of colored soldier,; and sailors who have been or may be hereafter killed, or who have died or may hereafter die of wounds received or of disease contracted in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the 30 pensions, bounty, and back pay provided by law, without other evidence of marriage than proof satisfactory to the Commissioner of Pensions that the parties had habitually recognized each other as man and wife and lived together as such; and the children born of any 35 marriage so proved shall be deemed and taken to be the children of the soldier or sailor party thereto. Approved June 6, 1866. AN ACT increasing the pensions of widows and orphans, and for other purposes, approved July 25, 1866.-(Revised Statutes, vol. 40 xiv, chap. ccxxxv.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the pension laws are hereby Provost marextendqd to and made to include provost marshals, hal &c. 45 deputy provost marshals, and enrolling officers, who have been killed or wounded in the discharge of their duties; and for the purpose of determining the amount of pension to which such persons and their dependents shall be entitled, provost marshals shall be ranked as Rank of said 50 captains, deputy provost marshals as first lieutenants, officers. and enrolling officers as second lieutenants. SEC. 2. And be it further enacted, That the pensions to Increase of penwidows of deceased soldiers and sailors having children sino of widows by such deceased soldiers or sailors be increased at the 74 rate of two dollars per month for each child of such soldier or sailor under the age of sixteen years. And in all cases in which there shall be more than one child of any deceased soldier or sailor leaving no widow, or where his widow has died or married again, or where 5 she has been deprived of her pension under the provisions of section eleven of an act entitled " An act supplementary to the several acts relating to pensions," approved June sixth, eighteen hundred and sixty-six, the pension granted to such children under sixteen 10 years of age by existing laws shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow if living and entitled to a pension: Provided, That in no case shall more than one pension be allowed to the same person. 15 Extension of SEC. 3. And be it further enacted, That the provisions provisions of act 7A ac to ar of July14, 186 of an act entitled An act to grant pensions,' approved and those supple-July fourteenth, eighteen hundred and sixty-two, and to all exceptrev- of the acts supplementary thereto and amendatory lutionary. thereof, are hereby, so far as applicable, extended to 20 the pensioners under previous laws, except revolutionary pensioners. valid pension to SEC. 4. And be it further enacted, That if any person wi d ows, &c. during the pendency of his application for an invalid enacted by sec. 9, pension, and after the completion of- the proof showing 25 act of July 27 his right thereto has died, or shall hereafter die but not in either case by reason of a wound received or disease contracted in the service of the United States and in the line of duty, his widow, or if he left no widow, or in the event of her death or marriage, his 30 relatives in the same order in which they would have received a pension if they had been thereunto entitled under existing laws on account of the services and death in the line of duty of such person, shall have the right to demand and receive the accrued pension to 35 which he would have been entitled had the certificate issued before his death; and in all cases where such person so entitled to an invalid pension has died, or shall hereafter die, under circumstances hereinbefore mentioned, whether by reason of a wound received or dis- 40 ease contracted in the service of the United States and in the line of duty, or otherwise, without leaving a widow or such relatives, then such accrued pension shall be paid to the executor or administrator of such person in like manner and effect as if such pension were 45 so much assets belonging to the estate of the deceased at the time of his death. Increase of pen- SEC. 5. And be it further enacted, That the repeal by sion granted by sec. 5, act of July the act entitled " An act supplementary to the several 4, 1864, and sec. 3 act of' March 3, acts relating to pensions," approved June sixth, eighteen 50 1865, to be as here-hundred and sixty-six, of parts of certain acts mentofore, and that granted by sec. 1, tioned in the first section of said act. shall not work a act of June 6, forfeiture of any rights accrued under or granted by 1866, to commence from last named such parts of such acts so repealed; but such rights date. shall be recognized and allowed in the same manner 55 and to all intents and purposes as if said act had never 75 passed, except that the invalid pensioner shall be entitled to draw, from and after the taking effect of said act, the increased pension thereby granted in lieu of that granted by such parts of such acts so repealed. 5 SEC. 6. And be it further enacted, That nothing in the Widow not defourth section of an act entitled " An act supplementary barred by remarto the several acts relating to pensions," approved March was pending at third, eighteen hundred and sixty-five, or in any other said date, and if third, eighteen unzre or in any no children of her supplementary or amendatory act relating to pensions, deceased husband survived. (See 10 shall be so construed as to impair the right of a widow, see 10, act of July whose claim for a pension was pending at the date of27. 1868.) her remarriage, to the pension to which she would otherwise be entitled had her deceased husband left no minor child or children under the age of sixteen years. 15 Approved July 25, 1866. AN ACT relating to pensions, [to provide for invalids disabled subsequent to its passage, and their relatives; for further increase to invalids, additional increase to widows; pension to children by prior marriage; increase of pensions to widows of revolu20 tionary soldiers, &c.] approved July 27, 1868.-(Revised Statutes, vol. xv, chap. cclxiv.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws granting pensions to the herein- Succession of dependent rela25 after-mentioned dependent relatives of deceased per-tives. sons leaving neither widow nor child entitled to pensions under existing laws, shall be so construed as to give precedence to such relatives in the following order, namely: First, mothers; secondly, fathers; thirdly, 30 orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly if there be more than one: Provided, That if, in any case, the said persons Pensions heretofore awarded not shall have left both father and mother who were de- affected by this pendent upon them, then on the death of the mother setion. 35 the father shall become entitled to a pension commencing from and after the death of the mother; and upon the death of the mother and father the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain 40 the age of sixteen years, respectively, commencing from and after the death of the party who, preceding them, would have been entitled to the same: And provided further, That no pension heretofore awarded shall be affected by anything herein contained. 45 SEC. 2. And be it further enacted, That no person shall,ensions of invalids disabled be entitled to a pension by reason of wounds received, subsequent to pasor disease contracted, in the service of the United States, sage of this act. subsequently to the passage of this act, unless the person who was wounded or contracted disease was in the 50 line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison; or if in the naval service was at the time borne on the books of some ship, or other ves 76 sel of the United States, at sea or in harbor, actually in commission, or was on his way, by direction of competent authority, to the United States, or to some other vessel or naval station. Unclaia dpen- SEC. 3. And be it further enacted, That so much of the 5 sions. acts approved April sixth, eighteen hundred and thirtyeight, and August twenty-third, eighteen hundred and forty-two, as requires that pensions remaining unclaimed for fourteen months after the same has become due shall be adjusted at the office of the Third Auditor, is hereby 10 repealed; and the failure of any pensioner to claim his or her pension for a period of three years after the same shall have become due, shall be deemed presumptive evidence that such pension has legally terminated by reason of the pensioner's death, remarriage, recovery 15 from disability, or otherwise, and the pensioner's name Right of resto- shall be stricken from the rolls, subject to the right of ation to roll restoration to the same on a new application, with evidence satisfactorily accounting for the failure to claim such pension. 20 Increase of pen- SEC. 4. And be it further enacted, That if any officer, sions of widows soldier, seaman, or enlisted man has died since the fourth an forer wifen b day of March, eighteen hundred and sixty-one, or shall hereafter die, leaving a widow entitled to a pension, and a child or children under sixteen years of age by a former 25 wife, each of said children shall be entitled to receive two dollars per month, to commence from the death of their father and continue until they severally attain the age of sixteen years, to be paid to the guardian of such child or children for their use and benefit: Provided, 30 however, That in all cases where such widow is charged See sec. 2, act of with the care, custody, and maintenance of such child July 25, 1866 or children, the said sum of two dollars per month for each of said children shall be paid to her for and during the time she is, or may have been, so charged with the 35 care, custody, and maintenance of such child or children, subject to the same conditions, provisions, and limitations as if they were her own children by her said deceased husband. widows and SEC. 5. And be it further enacted, That in all cases 40 minors not debar- - red from inrebae where an increased pension has been or may hereafter by the mainten-be granted to any widow or guardian of the children ance or education of the latter by under sixteen years of age of a deceased soldier or sailor any person other under an act entitled " An act increasing the pensions of widows, and for other purposes," approved July 45 twenty-fifth, eighteen hundred and sixty-six, or any subsequent act, such widow, or the guardian of such children, shall not be deprived of such increase by reason of any child or children of such deceased soldier or sailor being the inmate of any home, orphan's asylum, 50 or other public or private charitable institution organized for the care and elucation of soldiers' orphans under the laws of any of the States, or in any school or institution where such orphan may in whole or in part be maintained or educated at the expense of a State, or 55 of the public. 77 SEC. 6. And be it further enacted, That all pensions Extension of which have been granted in consequence of death occur- filingand povisring or disease contracted, or wounds received, since the ion for arrears. (See sec. 5, act of fourth day of March, eighteen hundred and sixty-one, July 14, 1862, and 5 or may hereafter be granted, shall commence from the seu. 13, act of discharge or from the death of the person on whose account the pension has been or shall hereafter be granted: Provided, That the application for such pension has been, or shall hereafter be, filed with the Con10 missioner of Pensions within five years after the right thereto shall have accrued; except that applications by or in behalf of insane persons and children under sixteen years of age may be filed after the expiration of the said five years, if previously thereto they were without 15 guardians or other proper legal representatives. SEC. 7. And be it further enacted, That immediately Notification of upon the passage of this act, or as soon thereafter as title to arrears. may be practicable, it shall be the duty of the Commissioner of Pensions to give public notice of the contents 20 of the foregoing section, particularly at the offices of the several pension agencies; and upon any application by letter or otherwise for or on behalf of any person entitled to the benefit of its provisions, or upon any notification that such person is so entitled, to pay or 25 cause to be paid to him all such arrears of pensions as he may be entitled to under the provisions of said section; and no claim agent or other person shall be entitled No fees to agents. to receive any compensation for services in making application for the arrrears of pension under this and the 30 preceding section. SEC. 8. And be it further enacted, That section eleven Widows' penion to children, of act entitled " An act supplementary to the several,ntil they reach acts relating to pensions," approved June six, eighteen the age ofsixteen, if she has abanhundred and sixty-six, be amended and re-enacted so as doned or become 35 to read as follows: " That if any officer, soldier, or sea- of tfem.r tRecaen man shall have died of wounds received or of disease acts sec. 11, act contracted in the line of duty in the military or naval Evidene satac. service of the United States, leaving a widow and a tory to Commis-... I'll.,..~. 1'. jsioner of Pensions. child or children under the age of sixteen years, and it 40 shall be duly certified under seal, by any court having probate jurisdiction, that satisfactory evidence has been produced before such court that the widow aforesaid has abandoned the care of such child or children, or is an unsuitable person, by reason of immoral conduct, to 45 have the custody of the same, or on presentation of satisfactory evidence thereof to the Commissioner of Pensions, then no pension shall be allowed to such widow until said child or children shall have severally become sixteen years of age, any previous enactment to the 50 contrary notwithstanding; and the child or children aforesaid shall be pensioned in the same manner as if no widow had survived the said officer, soldier, or seaman, and such pension may be paid to the regularly authorized guardian of such child or children." 55 SEC. 9. And be it further enacted, That section six of Pending claim an act entitled " An act supplementary to the several by heirs after acts relating to pensions," approved June six, eighteen death, if no widow nor child survive. 78 hundred and sixty-six, be, and the same is hereby, amended and re-enacted, so as to read as follows: That if any person entitled to a pension has died since March fourth, eighteen hundred and sixty-one, or shall hereafter die while an application for such pension is pend- 5 ing, leaving no widow and no child under sixteen years of age, his or her heirs or legal representatives shall be entitled to receive the accrued pension to which the applicant would have been entitled had the certificate been Widow or mo- ^-i i > ~ ther may apply issued before his or her death. 10 after remarriage. SEC. 10. And be it further enacted, That the remar25, 1866.) riage of any widow or dependent mother, otherwise entitled to a pension prior to the application therefor, or to the issue of a pension certificate to her, shall not debar her right to a pension for the period elapsing from 15 the death of her husband or son, on account of whose services and death she may claim a pension, to her remarriage: Provided, however, That nothing in this section shall be construed to repeal or modify the fourth section of an act entitled " An act supplementary to the 20 Et e nsi on of several acts granting pensions," approved March third, time for comple- eighteen hundred and sixty-five. ion-enlisted men. SEC 11. And be it further enacted, That the provisions of the ninth section of an act approved July fourth, eighteen hundred and sixty-four, entitled "An act sup- 25 plementary to' An act to grant pensions,'" are hereby continued in force for five years from the fourth day of Increase for loss of only eye. July, eighteen hundred and sixty-seven. SEC. 12. And be it further enacted, That section one of an act entitled "An act supplementary to the several acts 30 relating to pensions," approved June six, eighteen hundred and sixty-six, shall be so construed as to secure to every person entitled by law before the passage of said act to a less pension than twenty-five dollars per month, who, while in the military or naval service, and 35 in the line of duty, or in consequence of wounds received or disease contracted therein, having only one eye, shall Pensionsbyrea- have lost the same, a pension of twenty-five dollars per son of right ac- month. crued since Revolution, and before SEC. 13. And be it further enacted, That the third 40 1862, to be rated section of an act entitled "An act increasing the pension s from July 25, 1866 same as those un- of widows and orphans, and for other purposes," apder sapt f 862,n proved July twenty-fifth, eighteen hundred and sixtyand supplements.. V - six, shall be so construed as to place all pensioners whose right thereto accrued subsequently to the war of 45 the Revolution, and prior to the fourth day of March, eighteen hundred and sixty-one, on the same footing, as to rate of pension, from and after the passage of said Revolutionary act, as those who have been pensioned under acts passed widows to receive since said fourth day of March, eighteen hundred and 50 mat leat $8 per sixty-one; and the widows of revolutionary soldiers and Limbs to off- sailors now receiving a less sum shall hereafter be paid cers. at the rate of eight dollars per month. SEC. 14. And be it further enacted, That all officers in the military or naval service, of the rank of captain in 55 the army or lieutenant in the navy, and of less rank, 79 who have lost a leg or an arm in such service and in the line of duty, or in consequence of wounds received or disease contracted therein, shall be entitled to receive an artificial limb on the same terms as privates in the army 5 are now entitled to receive the same. SEC. 15. And be it further enacted, That in all cases Special acts. pensions heretofore or hereafter granted by special acts of Congress shall be subject to be varied in amount according to the provisions and limitations of the pen10 sion laws. SEC. 16. And be it further enacted, That all acts and Repealing clause. parts of acts inconsistent with the foregoing provisions of this act be, and the same are hereby, repealed. Approved July 27, 1868. 15 NAVY PENSION LAWS. AN ACT for the better government of the navy of the United States, approved April'23, 1800.-(Revised Statutes, vol. ii, chap. xxxiii.) SECTION 8. And be it further enacted, That every Pensions toper20 officer, seaman, or marine, disabled in the line of hissons disabled in duty, shall be entitled to receive for life, or during his the service. disability, a pension from the United States, according to the nature and degree of disability, not exceeding one-half his monthly pay. 25 * * * * * * Approved April 23, 1800. AN ACT providing navy pensions in certain cases, approved January 20, 1813.-(Revised Statutes, vol. ii, chap. x.) Be it enacted by the Senate and House of Representatives 30 of the United States of America-in Congress assembled, That, if any officer of the navy or marines shall be killed Widows and or die, by reason of a wound received in the line of his hildren of noffy duty, leaving a widow, or, if no widow, a child or or marines to be placed, in certain children under sixteen years of age, such widow, or if cases, onthe navy 35 no widow, such child or children, shall be entitled to ensio list receive half the monthly pay to which the deceased was entitled at the time of his death, which allowance shall continue for and during the term of five years; but in case of death or intermarriage of such widow, before 40 the expiration of the said term of five years, the halfpay for the remainder shall go to the child or children of the said deceased officer: Provided, That such half- Proviso. pay shall cease on the death of such child or children; and the money required for this purpose shall be paid 45 out of the navy pension fund, under the direction of the commissioners of that fund. Approved January 28, 1813. 80 AN ACT to amend and explain "An act giving pensions to the orphans and widows of persons slain in the public or private armed vessels of the United States," approved March 3, 1817.Revised Statutes, vol. iii, chap. lx.) Be it enacted by the Senate and House of Representatives 5 of the United States of America in Congress assembled, Pension to wid- That, if any officer, seaman, or marine, belonging to the ows and orphans navy of the United States, shall die, or shall have died of those who died. - - after June 184812, since the 18th day of June, in the year of our Lord 1812, in ties, or injuriesu consequence of disease contracted, or casualties or inju- 10 ries received, while in the line of his duty, and which shall be satisfactorily proved to the commissioners of the navy pension fund, leaving a widow, or, if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be 15 entitled to receive half the monthly pay to which the deceased was entitled at the time of his death; which allowance shall continue for the term of five years; but in case of death or intermarriage of such widow, before the expiration of the said term of five years, the 20 half pay for the remainder of the term shall go to the child or children of the deceased: Provided, That such half pay shall cease on the death of such child or children. And the money required for this purpose shall be paid out of the navy pension fund, under the direction 25 of the commissioner of that fund. Approved March 3, 1817. AN ACT extending the term of half-pay pensions to the widows and children of certain officers, seamnen and marines, who died in the public service, approved March 3, 1819.-(Revised Statutes, 30 vol. iii, chap. lx.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Five years' ad- That in all cases where provision has been made by ditional half-pay n - - - ~ i to the widowsand law for five years' half-pay to the widows and children 35 cersdamen ff of officers, seamen and marines, who were killed in marines, killed in battle, or died of wounds received in battle, or who battle, or who died in service. died in the naval service of the United States, during the late war, the said provision shall be continued for the additional term of five years, to commence at the 40 end of the first term of five years, in each case, respectively, making the provision equal to ten years' half pay; which shall be paid in the manner, and out of the fund, heretofore designated by law; and the said pensions shall also cease for the reasons mentioned in the said law. 45 Approved March 3, 1819. 81 AN ACT further extending the term of half-pay pensions to the widows and orphans of officers, seamen, and marines who died in the public service, approved January 22, 1824.-(Revised Statutes, vol. iv, chap. xv.) 5 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in all cases, where provision has been made by law Five years' halffor five years' half-pay to the widows and children of pay pension tothe officers, seamen, and marines, who were killed in battle, dren of officers. 10 or who died in the naval service of the United States &c, sho diced during the late war; and, also, in all cases where pro- tended. vision has been made for extending the term for five years, in addition to the first term of five years, the said provision shall be further extended for an addi15 tional term of five years, to commence at the end of the second term of five years, in each case respectively, making the provision equal to fifteen years' half-pay; which shall be paid out of the fund heretofore provided by law; and the said pensions shall cease for the causes 20 mentioned in the laws providing the same respectively. SEC. 2. And be it further enacted, That, from and after Act of March 3, the passage of this act, the act entitled "AAn act to 817, repealed. amend and explain an act giving pensions to the orphans and widows of persons slain in the public or private 25 armed vessels of the United States," passed March the third, one thousand eight hundred and seventeen, be, and the same is hereby, repealed: Provided, however, Proviso. That nothing in this act contained shall be construed to prevent the payment of any pension already granted, 30 until the full expiration of the period thereof; nor to affect or impair the rights of any person or persons which may have accrued during the existence of the act hereby repealed, as aforesaid. Approved January 22, 1824. 35 The act of May 23, 1828, extends the term of years of all the widows and orphans provided for by prior navy pension laws. The act of June 28, 1832, extends as above for another terml of five years, and also grants the same to the 40 widows of all those who may have died of wounds received during the war of 1812. The act of June 30, 1834, also extends the benefits of the act of June 28, 1832, to widows, for another term of five years, and grants the same to the widows of those 45 who have died in the naval service since January 1, 1824, or may die in said service by reason of disease contracted, or of casualties or injuries received; pension to commence from date of the act, and to cease upon the death or remarriage of the widow. G P L 82 AN ACT renewing certain naval pensions and extending the benefits of existing laws respecting naval pensions to engineers, firemen, and coal-heavers in the navy, and to their widows, approved Allgust 11, 1848.-(Revised Statutes, vol. ix, chap. clv.) Pensionawsex- SECTION 2. And be it further enacted, That engineers, tended to engin- firemen, and coal-heavers in the navy, shall be entitled eers, firemen, and ia- s b etl coal.heavers, in to pensions in the same manner as officers, seamen, and the navy, and marines and the widows of engineers, coal-heavers, and 10 their widows and children. firemen, in the same manner as the widows of officers, seamen, and marines: Provided, That the pension of a ate o chief engineer shall be the same as that of a lieutenant in the navy; and a pension of the widow of a chief engineer the same as that of the widow of a lieutenant in 15 the navy; the pension of a first assistant engineer the same as that of alieutenant of marines; and the pension of the widow of a first assistant engineer the same as that of the widow of a lieutenant of marines; the pension of a second or third assistant engineer the same as 20 that of a forward officer; and the pension of the widow of a second or third assistant engineer the same as that of a widow of a forward officer; the pension of a fireman or coal-heaver the same as that of a seaman; the pension of the widow of a fireman or coal-heaver the 25 Proviso. same as that of the widow of a seaman: And provided further, That an engineer, fireman, or coal-heaver, shall not be entitled to any pension by reason of a disability incurred prior to the 31st August, 1842, nor shall the widow of an engineer, fireman, or coal-heaver, be enti- 30 tied to any pension by reason of the death of her husband, if his death was prior to the said date. Approved August 11, 1848. JOINT RESOLUTION to grant pensions to masters and other officers upon the gunboats in the service of the United States, approved July 16, 18-32.-(Revised Statutes, vol. xii, No. 59.) 35 Resolved by the Senate and House of Representatives of the United States of America in, Congress assembled, That Title of masters, the masters serving on board of gunboats employed in &c., and their wid- the service of the United States shall be entitled to all the benefits, including bounty and pension, provided 40 for in an act entitled " An act to grant pensions," passed during the present session of Congress, and the widows, mothers, and heirs of such officers shall be entitled to all the benefits of said act. Approved July 16, 1862. 45 83 AN ACT to anenid certain acts in relation to the navy, approved Malch 2, 1867.-(Revised Statutes, vol. xiv, chap. clxxiv.) * * * * * # SECTION 6. And be it further enacted, That, in order wo have sersd 5 to carry out the provisions of the 11th section of the as enlisted persons in the navy or ma"Act for the better government of the navy of the rine corps for 20 United States," approved July 17, 1862, directing the yrosnaova reeve surplus income from the naval pension fund to " be ap- sion fund half of plied to the making of further provision for the corn- discharged. (1862 10 fort of disabled officers, seamen, and marines," there ch. 24, sec. 11, shall be paid out of said fund to every person who, from age or infirmity, is disabled from sea service, but who has served as an enlisted person in the navy or marine corps for the period of twenty years, and not been 15 discharged for misconduct, in lieu of being provided with a home in the Naval Asylum, Philadelphia, if he shall so elect, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him How and quarterly, under the direction of the Commissioner of whom to be paid. 20 Pensions, and applications for such pension shall be made to the Secretary of the Navy, whlo, upon being satisfied that the applicant comes within the provisions of this act, shall certify the same to the Commissioner of Pensions, and said certificate shall be his warrant for 25 making payment as herein authorized: And provided further, That any disabled person who has served in Servingfornotless the navy or marine corps as an enlisted man for a period than ten years, &c., may apply not less than ten years and not been discharged for mis- for aid from surconduct, may apply to the Secretary of the Navy for aid pls income of -n 30 from the surplus income of the naval pension fund, and pension fnd. the Secretary of the Navy is authorized to convene a board of not less than three naval officers, one of whom in applictants shall be a surgeon, to examine into the condition of the applicant, and to recommend a suitable amount for his 35 relief and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy and certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in this section for the payment to persons disabled 40 by long service in the navy, but no allowance so made shall exceed the rate of a pension for full disability cor- anLc"t of allowresponding to the grade of the applicant, nor, if in addition to a pension, exceed one fourth the rate of such pension. 45 * * * * * Approved March 2, 1867. INDEX. CHAPTER I. CLASSES OF PERSONS ENTITLED, WITH RATES, CONDITIONS, AND LIMITATIONS. IN:VALIDS. Page. Line. Title: Basis essential to all claims for increase pension......................... 7 6 Pilot, engineer, sailor, &c., though not mustered ——.... ----—.................. 7 10 Unenlisted volunteers............ —............-........... —-....... 7 15 Acting Assistant or contract surgeons.................................. 7 20 Engineers, firemen, and coal-heavers............................... 7 25 Bar by failure to apply within three years......-......................... 7 31 five years................................ 7 34 by lack of record evidence.-........................................ 8 16 Conditions essential to entitle to pension where disability originated subsequent to July 27, 1868.............................................. 7 37 Renewal: After discharge from re-enlistment -.............................. 8 6 Restoration of pensioners who resided in insurrectionary States...... 8 11 Rates: Original......................................................... 8 22 Disability and rank............................................ 9 5 Vacancy for promotion.......................................... 9 13 Failure to muster............................................... 9 13 Commencement: Original....................................................... 9 14 Exceptions-insane............................................. 9 21 Re-enlistment.................................................. 9 25 Claims-prior wars.......................................... 9 28 Increase: Rate varies with the disability..................... —............... 9 31 Exception....................................................... 9 32 Commencement...............................-........-......-.. 9 34 Rate of pensioners of prior wars.................................... 10 23 Ending of pensions..................................................... 10 31 Arrears of invalid pensions.............................................. 10 38 Bar by civil service..................................................... 10 43 WIDOWS. Title.................................................................. 11 2 Revolutionary soldiers and sailors...-....-............... —-.......... 11. 2 Others.............................................................. 11 4 Limitations.......................................................... I 31 Non-enlisted men -...1...1................... -..................-... II II Acting assistant or contract surgeons................................. 1 16 Engineers, firemen, and coal-heavers............-.................... 11 25 Cause of death originated subsequent to July 27, 1868.................. 11 20 Bar by survivorship of minor child-................................... 11 30 By abandonment or unfitness........................ —-................ I 33 Rate of pension of widows other than revolutionary........................ 11 40 of revolutionary widows................................. I11 43 Commencement: Original......................................................... 12 1 War of 1861 -........................... —--........-........... 1 Prior wars -.. —-....-..................-.... ——............... 12 6 When death occurred prior to July 14th, 186...................-. 12 12 Where deceased had a claim pending-....-...................... 12 10 From date of completion of testimony..-....... -............ 12 16 Abandonment or unfitness-....-.... —---- --—..-................. —....-....... —-. 12 18 86 Index-Continued. Page. Line. Ending: Original-..................................-...................... 12 21 When not final ----—................................................ 12 24 Barred by abandonment or unfitness..-..........-....... —-....... 12 6 Increase: Commencement-.............................. —.................. 12 40 Ending..-13 —-.................. I Bar by abandonment or unfitness.-..... —.... —-.. —-....-...... —----- 12 37 Arrears: Original -........................................................ 13 6 Invalid's, to which widow is entitled --—....................... —- 13 6 CHILDREN. Title: Rates, conditions and limitations-........-......-.....-..... —---------...... 13 18 Commencement: Original.. ——.. —-... —-..-......... —..... ——...... —-. 13 27 Limitations. —...... —---- -- 13 34 Ending: Original.. —-.................................................... 13 38 Increase: Commencement of --—.. —-.....-.......... —------ —.-........-.. 14 4 Children by the widow...- -—.... —-—................ —......... 14 4 By a former wife -...-....-......... ——.. —-..... ——.. —-.. 14 10 Ending: Children by the widow. —-.. ——.. ——.......-.......... —-—.. 14 20 By a former wife...-... —..... —.. -... —.. —-... —--—.. 14 23 Marriage no bar-................................. —:............ —. 14 26 Arrears. ——.. —----—..-.- -.- -............... —. —--- -. 14 27 MOTHERS. Title -........ —- —... —... —-.... —.. —-... —-... -—.. --—........ —-. 14 31 Rates, conditions, and limitations..-. —--........... —....... —.- 14 36 Commencement and ending: Original. —.. —.. -.........-.. -.. ——. 14 38 Increase and arrears. ——. -- --- --- --... —-----. —- --. 5 1 FATHERS. Title -... —--------- --—...... ——.... -.....-...... —.. — --—............ —.. — 15 7 Rates, conditions, and limitations. —................................. 15 13 Commencement: When mother survived.... —-.... — --...... —-- -—... —-—. 15 19 When no mother survived... —-----........... ——........ —------ 15 17 BROTIIERS AND SISTERS. Title...-; --------—........................................... 15 23 Rates, conditions, and limitations.... —....... —...... —... —-- —. 15 30 Arrears ----—. -------------- ------------- 16 4 CHAPTER II. MISCELLANEOUS INSTRUCTIONS. Declarations --—............... -------—.......-............ —--- --------—..............-.. — 17 I How to be executed —.. —..-... —....... —.. ——....-....-... —... 17 1 Residence more than 25 miles from court.. —-....................... 17 8 Declarations in foreign countries --—..... —-- -—.... —.. —.. ——.-. 17 19 Supplementary declarations or affidavits. ——.. —-....-... —.. 17 30 Blanks for declarations not supplied by this office.-..-. ——. —--. — 17 22 Legibility, &c......... —-...-.... —.- --—... —.. —-... —-..... —. 17 28 Accrued pensions of a person dying while application is pending.... -........ 18 1 Right to elect on account of whom claimant will apply. —.....-....-... —-- 18 8 Arrears unclaimed ---—....... —-... —-.. —-- -------.. —......-...... — -. —. 18 12 Special act cases —..... —-—.... ——..- -—.....-... —........... -—...... 18 16 Declarations ---...... —.. —............ ——.... —---—.................. 18 21 Arrears-..... —-.......... —--------—.. —----......... —--------—... 18 23 Order of action upon claims....................-......................... 18 25 Limitation for filing not affected by application of those not entitled.........- - - 18 27 Contest induces suspension of all claims involved. —-—.........-.. —........-.. 18 33 87 Index —Continued. Page. Line. Only one pension, -.................................................... 18 30 Suspension of payment of pension...............-...........-............ 18 36 Unclaimed pensions..................................................... 18 37 Indorsements upon envelopes....................... —............... —-. 18 40 Evidence upon file in any department of the government available........... 1 Examinations...-...................................................... 19 5 Neither original papers nor copies to be furnished.....................-..... 19 16 When the office deems proper. papers to be returned for correction..... 19 20 Fees; overcharges; withholding of pensin...-............................. 19, 24 20, 33 Pledge, sale, or transfer.....-.................................... 21 9 Vouchers...-....... -....... —--—.......................................... 20 42 License; oath. -.............................. —................. —..... 19 28,41 Revocation of power of attorney by claimant.-.....-......... 20 17 Substitution by power of attorney.. —-............... —...-.............. 20 21 Post office address. —----—................................................. 20 27 Time of payment, &c......-.....-......-....-.......................... 20 39 CHAPTER III. EVIDENCE. Corroboration requisite....... —......... -............................... 24 1 Testimony of claimants insufficient....................................... 24 7 Before whom testimony may be taken. ——.. —-...........-.-............ 24 9 In foreign countries.. -............................................ 24 18 Discrepancies or errors.................................................. 24 23 Evidence of service, of disability, or death................................. 24 27, 34 When not to be obtained from official sources.-............................. 24 36 When desertion or misconduct is charged.............-.................... 24 41 Invalids: Disability.- -.....................-.....-...-...................... 25 5 When certificates of unappointed civil surgeons are admissible........' 25 9 Certificates of surgeons not conclusive if there be conflicting proof-.... 25 15 Identity..................................................... 25 17 Muster of officer —...............-............-.................... 25 23 Commission, discharge, and final statements, when required. —--..... 25 27 Increase: Return of certificate of pension......................................... 25 36 Evidence of same nature as in original claims.............. —. 25 40 Arrears. ——. —-----—. —-------- -2 —----------------- 25 41 Widows..-..........'............................................... -25 45 Death: When deceased has died in regiment or hospital from wounds or other injury................................................ 26 1 Testimony of an officer having personal knowledge - -...-.......... 21 5 Date of death -............................................... 26 8 Death from disease.............-........ —........ —--............ 26 10 Nature and origin of cause of death, and habits of deceased. - -..-.. - 26 14 Disease prior or subsequent to enlistment...................... 26 16 When surgeon's testimony cannot be obtained-... -............ 26 20 Furloughs -.. —..................................... —..... —. 26 22 When the deceased has died on furlough or after his discharge -—. 26 26 Nature and origin and cause of death, and habits of deceased 26 30 Condition after discharge; habits...-.... -............ 26 30 Name of disease and date of death -..-.... —...... —...-... 26 30 If missing................ —......................... —...... 26 36 Statements of civil surgeons verified by oath.............. 26 45 Furlough to be furnished, when....-............. 27 3 When testimony of officers cannot be obtained................. 27 7 Identity -.. ---—........................................-... 27 12 Officers' muster and non-muster............ -.............. 7 15 Marriage: Classes of proof.-..... —......... —.... —....................-..... 27 19 Death or divorce of former wife or husband. —...................... 27 34 Children: Date of birth....................................................... 27 40 Classes of proof................................................... 27 45 88 Index-Continued. Page. Line. Increase; custody of children by a former wife.......................... 28 1 Legitimacy................................................ 28 6 Arrears; if remarried..-............................................... 28 10 Children: Guardianship.................................................... 28 17 Requisites same as in widows' cases................................ 28 21 Remarriage of father -................................. 28 25 Nonsurvivorship of widow..-..........-.......................... 28 26 Death, remarriage, or abandonment, &c., of the mother..........-.... 28 27 Children other than applicants.................................... 28 32 Increase and arrears -............................. 28 35 Mothers: Relationship and no prior claimant................................ 28 47 Dependence..................................................... -29 1 Death of husband, or his abandonment of, or disability for support..- 29 5 Specific statement of contributions of the son, and the purposes for which made. —-—......... —- --...-............-.............. 29 15 Arrears —-........................................................ 29 22 Fathers: Death; no prior claimant surviving.....29 26 Disability, income, and support of son...-.......................... 29 26 Marriage of claimant —............................................. 29 30 Death of the mother and birth and legitimacy of the son....- -.......... 29 30 Arrears.......................................................... 29 31 Dependent brothers and sisters: Guardianship —........... —..................................... 29 36 Death of brother; no prior claimant.. —-..-...........-...-....... 29 40 Marriage and death of parents.. ——...................-......-.... 29 40 Legitimacy —...-...............-................................ 29 40 Dates of birth and death.......................................... 29 40 If any other brothers or sisters -.....-.......-......-........-...... 29 43 Arrears......-.................................................... 29 45 Restoration ------------------—................ —............................. 29 47 Pensions unclaimed more than three years.......................... 29 50 That disability still exists —........... ——......-........ 30 1 No remarriage; not sixteen —....................................... 30 6 Residence in insurrectionary States during the recent rebellion...- -.......- -. 30 11 Loyalty. -...-.-....-....... —------- -.. — -..-............ 30 15 Heirs for arrears ——.......-......-......-.......................... 30 19 Loyalty.-....................................................... 30 20 Increase to pensioners of wars prior to 1861........ —..........-........... 30 23 CHAPTER IV. QUALIFICATIONS, ETC., OF WITNESSES AND MAGISTRATES. Witnesses: Other than near relatives.-........-.........-......-'.....-. 31 4 What certificates wit bhout oath are accepted.......................... 31 9 Corroboration to be full and specific. —..................-.. —--...... 31 13 Disinterestedness and post office address of witness........-......-. 31 18 Depositions and credibility of witness... —.......................- 31 20 To be read to witness....... ——.............................. —-------.... 31 23 Erasures, &c -. ——.. —..... ——.. —-...-.............. —..... —- 31 26 Magistrates: Disinterestedness -........... —......... —............ —-.... —-.. 31 30 Authority.. —-.. —----—. —--- —. —-—.. — --..... —---- ----—.. 3:31 Post office address............-.....-....-................. —..... 31 36 CHAPTER V. DECLARATIONS AND OTHER FORMS. Page. A-Declaration for original pension of an invalid —... —-... —...... --—.....-..-.:'2 B-Declaration for increase of original pension. —.................................. 4 89 Index —Continned. Page, C-Declaration of widow for original pension when no child under sixteen years of age survives.......................................................... 35 D-Declaration for original pension of a widow, child, or children under sixteen years of age surviving......................... 37 E-Declaration of a pensioned widow for increase of pension..-...................... 38 F-Declaration for pension for children under sixteen years of age -.......3.......... 39 G-Declaration of guardian for increase of pension to pensioned children............ 41 H-Declaration for original pension of a mother,.............................. 42 I-Declaration for original pension of a father....-.......................... 43 J-Declaration for pension of dependent brothers and sisters.......... —........-. 44 K-Declaration for restoration to the pension rolls of a person whose name has been dropped under the act of February 4, 1862................................... 45 L-Declaration of pensioner for restoration to the rolls under section 3, act of July 27, 1868.......-.46................................ 46 M-Declaration for increase of pension under section 13, act of July 27, 1868-........ 47 N-Application for renewal or arrears of pension................................. 48 O-Declaration for restoration to the pension rolls of a person whose name has been dropped by reason of re-enlistment......................... 49 P-Declaration for pension under section 6, act of March 2, 1867.............-. 50 Q-Application for a new certificate.-..-........... -................. 51 R-Application for a transfer................................................. 52 CHAPTER VI. LAWS. ARMY AND NAVY PENSION LAWS. Act of April 10, 1806, provides for revolutionary invalids......................... 53 Act of April 25, 1808, provides for payment of State pensioners of the Revolution by the United States, and for invalids disabled subsequent to the Revolution.......... 53 Act of January 11, 1812, provides for invalids of war of 1812................54 Act of April 16, 1816, grants half pay to widows and children of soldiers, &c., of war of 1812 -..-............-......... 55 Act of April 24, 1816, increases pensions of invalids and provides for those of the militia................................................................ —---—. 6 —--- Abstract of act of June 17, 1832, provides for full life-pay pension to all who have served two years, and a proportionate annuity for service of not less than six months, and for payment of accrued invalid pension to widows................. 56 Act of July 4, 1836, grants half-pay to widows and orphans of those who have died since April 20,1818, and accrued pension of invalids to widows and children............. 57 Abstract of act of March 3, 1843, extends to widows provisions of act of July 4, 1836, for one year, and that of June 17, 1844, extends the same for four years........... 58 Act of May 13, 1846, section 7, provides for invalids of Mexican war. 58 Abstract of act of February 2,1848, provides for revolutionary widows married before 1794 -— 5 —8. ——.... —_-:-..- --- ----—.. —---—. —-........-. 58 Act of July 21, 1848, extends provisions of act of July 4, 1836, to widows and orphans of Mexican war soldiers..........................-... —..................... 58 Act of February 22, 1849, see marginal note of section 2, act of July 21, 1848......... 59 Joint resolution of September 28, 1850, extends benefits of act of 1848-............. 59 Joint resolution of March 3, 1851, extends benefits of July 7, 1838; March 3, 1843; and June 17, 1844....-............-...................-.-.. 59 Act of February 3, 1853, continues half-pay of acts of July 21, 1848, and February 22, 1849, for five years; extends benefits of last-named act, and provides for revolutionary widows married since 1800....................-... 59 Act of August 5, 1854, provides that a widow shall not be barred except during coverture -------—. —— 0. — ---------------------------------- -—. —----- Act of June 3, 1858, continues half-pay for life to widows, and to children under sixteen, if no widow or she has remarried.....................-. 60 Abstract of act of April 1, 1864, grants annual stipend to each revolutionary pensioner. 60 Resolution of February 18, 1867, increases pensions of widows of revolutionary soldiers who were married prior to January 1, 1800.. —...... —- --—.. ——... —-. 61 Act of July 14, 1862, provides for pensions of invalids of the war of the rebellion, and their relatives, &c..-.....-... -. ——.. ----... —-- 61 Act of July 4, 1864, provides for increase of pension of invalids of the war of the rebellion, and for relief of non-enlisted and non-mustered men and their relatives, &c. 65 7PL 90 Inde —Contiued. Page. Act of March 3, 1865, provides for relief of assistant or contract surgeons and their relatives, and for increase of pensions of invalids of the war of the rebellion............ 69 Act of June 6, 1866, provides for further increase of pension of invalids of the war of the rebellion, and for relief of certain persons in same service not previously mentioned, &c. —................................................................. 70 Act of July 25, 1866, provides for relief of provost marshals, enrolling officers, and their dependents; for increase of pensions of widows and children; and for extension of benefits of act of July 14, 1862,'to pensioners of other wars, except revolutionary. - 73 Act of July 27, 1868, provides for invalids, disabled subsequent to its passage, and their relatives; for further increase to invalids; additional increase to widows; pension to children by a prior marriage; increase of pensions to widows of revolutionary soldiers, &c............................................................ 75 NAVY PENSION LAWS. Act of April 23, 1800, provides for pension to invalids of the Revolution.............. 79 Act of January 20, 1813, grants five years half-pay pension to widows and children. 79 Act of March 3, 1817, provides for widows and children of those who died subsequent to June 18, 1812;............ —.............-................................ 80 Act of March 3, 1819, continues for five years half-pay pension of widows and orphans - 80 Act of January 22, 1824, continues for five years half-pay pension to widows and orphans ---— 8 —— 1 —----------------------------------------- 81 Abstract of act of May 23, 1828, continues for five years half-pay pension to widows and orphans provided for by previous acts.-................................. 81 Abstract of act of June 28, 1832, continues benefits of the act of May 23, 1828, and grants the same to widows of another class-............... 81 Abstract of act of June 30, 1834, extends the benefits of the act of June 28, 1832, for another five years, and grants the same to widows of another class. —.... —...... 81 Act of August 11, 1848, renews certain pensions, and extends the benefits of existing laws to engineers, firemen, and coal-heavers, and their widows.................. 82 Joint resolution of July 16, 1862, provides pensions for masters on gunboats and their heirs i.................................................................. 82 Act of March 2, 1867, grants to invalids pension proportionate to their term of service.. 83 0