U B 373 M9 1902 (3-1571 L S Till: U N I T ED S T A TW, S i()VKKXIX(i Till': (;]{.\XTIN(i OK -\liMV AND NAVY I'BN'SIOXS To<;i:Tin:R WITH Tin: REGULATIONS 1!KLAT1X( (V)MI'ILKD P THE LAW rflVISK^OF AU OF PENSIONS AND [N VCCORDANCE WItH THE PROVISIONS SECTION 174S OF HIF, KKVISKJ) STATCT! EUGENE F. WARE, UC-NRLF WASHINGTON IOVERNMEN I I'JMNTINfj (3-15TH) LAWS UNITED STATES UOVEUNIM; THE GRANTING OF ARMY AND NAVY PENSIONS, TOGETHER WITH THE REGULATIONS RELATING THERETO. jf COMPILED IN THE LAW DIVISION OF THE BUREAU OF PENSIONS, ,-> ^ AND PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4748 OF THE REVISED STATUTES. EUGENE F. WARE, Commissioner. WASHINGTON: GOVERNMENT PRINTING OFFICE. JULY, 1902. 373 /I '9 \QO* AUTHORITY FOR PUBLICATION. SEC. 4748. That the Commissioner of Pensions, on application being made to him in person, or by letter, by any claimant or applicant for pension, bounty-land, or other allowance required by law to be adjusted or paid by the Pension Office, shall furnish such person, free of all expense, all such printed instructions and forms as may be necessary in establishing and obtaining said claim ; and on the issuing of a certificate of pension or of a tfounty-land warrant, he shall forthwith notify the claimant or applicant, and also the agent or attorney in the case, if there be one, that such certificate has been issued, or allowance made, and the date and amount thereof. (Sec. 22, Act March 3,' l&ES"; Sec. 9, / AJjfrJ&fy,4, 1862.) LAWS RELATING TO THE CREATION OF THE OFFICE OF COMMISSIONER OF PENSIONS. SEC. 470. Commissioner of Pensions. 471. Duties of the Commissioner. 472. Deputy Commissioner. SEC. 473. Person to sign bounty-land warrants. Act August 5, 1882. Duties of First and Second Deputy Commissioners. SEC. 470. 1 There shall be in the Department of the Interior a Com- missioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to receive a salary of four thousand dollars a year. SEC. 471. The Commissioner of Pensions shall perform, under the direction of the Secretary of the Interior, such duties in the execution of the various pension and bounty-laud laws as may be prescribed by the President. SEC. 472. 1 There shall be in the Department of the Interior a Deputy Commissioner of Pensions, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall be charged with such duties in the Pension Bureau as may be prescribed by the Secretary of the Interior, or may be required by law, and in case of death, resignation, absence, or sickness of the Commissioner, his duties shall devolve upon the Deputy Commissioner until a successor is ap- pointed or such absence or sickness ceases. The Deputy Commissioner shall be entitled to receive an annual salary of two thousand five hun- dred dollars. NOTE. Additional Deputy Commissioner provided for under the act of June 30, 1882. SEC. 473. The Commissioner of Pensions is authorized, with the ap- proval of the Secretary of the Interior, to appoint a person to sign the name of the Commissioner to certificates or warrants for bounty lands ; and certificates or warrants so signed shall be as valid as if signed by the Commissioner. 1 See appropriation act ending June 30, 1890. Salary of Commissioner, $5,000, and Deputy Commissioners, $3,600 each ; and appropriation act ending June 30, 1883. 3 M83564 4 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 5 Aug., AN ACT making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes. ******* And the provisions of section fifty-four hundred and eighty- five of the Eevised Statutes shall be applicable to any person who shall violate the provisions of an act en- titled "An act relating to claim agents and attorneys in pension cases/' approved June twentieth, eighteen hundred Duties of first and seventy-eight. That the duties of first and second and second Dep- . uty Commission- deputy commissioners shall be such as are now fixed by law for the deputy commissioner of pensions $ and in case of death, resignation, absence, or sickness of the Commis- sioner his duties shall devolve upon the first deputy com- missioner until his successor is appointed, or such absence or sickness ceases, and in case of the like absence of the Commissioner and first deputy commissioner, the second deputy commissioner shall act as Commissioner in like manner. LAWS IN FORCE RELATIVE TO THE GRANTING OF INVALID PENSIONS. SEC. 4C92. Who are entitled to pension. 4693. Beneficiaries under preceding section. 4722. Missouri Militia. 4723. Colored soldiers, "slaves. SEC. 4G92. Every person specified in the several classes enumerated in the following section, who has been, since gec ^ 3 Mar the fourth day of March, eighteen hundred and sixty-one, y-> ^ J l * or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability. SEC. 4693. The persons entitled as beneficiaries under Beneficiaries _. * under preceding the preceding section are as follows : section. First. Any officer of the Army, including regulars, vol- Sec. i, 3 Mar., unteers, and militia, or any officer in the Navy or MarineJuiy',1862.' ' Corps, or any enlisted man, however employed, in the mili- tary or naval service of the United States, or in its Marine larVy Corps, whether regularly mustered or not, disabled by rea- llc son of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gunboat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gunboat or war-vessel of the United States, disabled by any wound or injury received, or other- wise incapacitated, while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, Sec. i, 3 Mar., serving for the time being as a member of the militia of any J " ly s Masters. liesolution July, 1862. 16 6 LAWS RELATING TO ARMY AND NAVY PENSIONS. State, under orders of an officer of the United States, or who volunteered* for the time being to serve with any regu- is&T' 9> * July ' * arl F organized military or naval force of the United States, or who otherwise yolunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such jtoc.ii,27Juiy, temporary service. But no claim of a State militiaman, or non-enlisted person, on account of disability from wounds or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prose- cuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. is??' sec 3 ^"a Fourth. Any acting assistant or contract surgeon dis- Mar., 1865. abled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any miltiary force in the field, or in transitu, or in hospital. 1873' ic 3 f & 25 Fiftu - Any provost-marshal, deputy provost-marshal, or July, 1866. en rolling-officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsist- ence by manual labor. mili - SEC. 4722. The provisions of this Title are extended to Sec 8 3 Mar ^ e on ^ cers an< ^ privates of the Missouri State militia, and 18 ?s'ee sec 9 4 ^ e P rov i s i na ^ Missouri militia, disabled by reason of in- juiy, 1864;' sees, jury received or disease contracted in the line of duty while is2 ; '3 Mar. 'I such militia was co-operating with United States forces, and the widow or children of any such person dying of injury received or disease contracted under the circum- stances herein set forth, shall be entitled to the benefits of this Title. But the pensions on account of such militia shall not commence prior to the third day of March, one thousand eight hundred and seventy -three. < ^23. All colored persons who enlisted in the Army Sec i 3 Mar the war of the rebellion, and who are now prohibited 18 An inde end ^ rom receiving bounty and pension on account of being borne cut act. (See on the rolls of their regiments as "slaves," shall be placed E'tatuteV at 011 the same footing, as to bounty and pension, as though they had not been slaves at the date of their enlistment. LAWS GRANTING PENSIONS FOR THE NAVY AND REVENUE MARINE. SEC. 4692, 4693. Reference. 2757. Revenue officers cooperating with Navy. 4728. Officers and seamen of the Navy disabled prior to March 4, 1861. 4729. "Widows and minors of officers and seamen of Navy disabled prior to March 4, 1861. 4741. Officers and seamen of revenue cutters. 4750. Trustee of Navy pension fund. 4751. Penalties, how to be sued for, sees. 2462, 2463. 4752. Prize money. 4753. Investment of Navy pension fund. 4754. Interest on Navy pension fund. 4755. Payment of Navy pension fund. 4756. Half rating to disabled enlisted persons serving twenty years. 4757. Aid for service not less than ten years. 4758. Trustee of the privateer pension fund. 4759. Source of privateer pension fund. SEC. 4760. Proceeds of privateer pension fund paid to the Treasury. 4761. "Who are entitled as privateersmen to pen- sion. 4762. Disability record of disabled privateersmen. 4763. Transcript of disability record to be trans- mitted to the Secretary of the Navy. 1426. Honorable discharges, to whom granted. 1573. Bounty paid for reenlisting. Act March 3, 1877, passed assistant engineers; cadet engineers. Act June 9, 1880, restoring pensions in certain cases. Act August 14, 1888, desertion, Navy or Marine Corps. Joint resolution of June 11, 1896, extending the benefits of sees. 1426 and 1573 to all enlisted persons in the Navy. (See sees. 4692 and 4693, R. S.,p. 5.) SEC. 2757. The revenue-cutters shall, whenever the Pres- . Revenue cut- ters to cooperate ident so directs, co-operate with the Navy, during which with the Navy. time they shall be under the direction of the Secretary of 17 ^ ct c 22 the Navy, and the expenses thereof shall be defrayed by v.i, p. 699.' the Navy Department. R. If SEC. 4728. If any officer, warrant or petty officer, seaman, Pension to offi- 7 cers and seamen engineer, first, second, or third assistant engineer, fireman, of the Navy dis- abled prior to or coal-heaver of the Navy or any marine has been disabled Mar. 4, isei. prior to the fourth day of March, eighteen hundred and Secs.2and3,ii . , , . . . , Aug., 1848; Sec. sixty-one, by reason of any injury received or disease con- 11, i July, 1701 ; tracted in the service and line of duty, he shall be entitled isoo. ' to receive during the continuance of his disability a pension proportionate to the degree of his disability, not exceeding half the monthly pay of his rank as it existed in January, eighteen hundred and thirty- five. But the pension of a chief engineer shall be the same as that of a lieutenant of the Navy; the pension of a first assistant engineer the same as that of a lieutenant of marines; the pension of a second or third assistant engineer the same as that of a forward offi- cer; the pension of a fireman or coal-heaver the same as that of a seaman; but an engineer, fireman, or coal-heaver 8 LAWS RELATING TO ARMY AND NAVY PENSIONS. shall not be entitled to any pension by reason of a disability incurred prior to the thirty-first day of August, eighteen hundred and forty-two. pension towid- SEC. 4729. If any person referred to in the preceding sec- ows and minors . of some officers tion has died in the service, of injury received or disease the N 6 avy n di8 contracted under the conditions therein stated, his widow Mar d 4, p i86i. r to shall be entitled to receive half the monthly pay to which Sees. i, 2, and 3, the deceased was entitled at the date of his death; and in 11 Aug., i& cage o j. k er d^th or marriage, the child or children under sixteen years of age shall be entitled to the pension. But the rate of pension herein allowed shall be governed by the pay of the Navy as it existed in January, eighteen hundred and thirty-five; and the pension of the widow of a chief engineer shall be the same as that of a widow of a lieuten- ant in the Navy; the pension of the widow of a first assist- ant engineer shall be the same as that of the widow of a lieutenant of marines ; the pension of the widow of a second or third assistant engineer the same as that of the widow of a forward officer; the pension of the widow of a fireman or coal-heaver shall be the same as that of the widow of a sea- man. But the rate of pension prescribed by this and the preceding section shall be varied from and after the twenty- fifth day of July, eighteen hundred and sixty-six, in accord- ance with the provisions of section four thousand seven hundred and twelve of this Title; and the widow of an en- gineer, fireman, or coal-heaver shall not be entitled to any pension by reason of the death of her husband, if his death was prior to the thirty- first day of August, eighteen hundred and forty-two. pension to om- SEC. 4741. The officers and seamen of the revenue cutters oTrevenue cut- of the United States, who have been or may be wounded or disabled in the discharge of their duty while co-operating 18U?* r '' with the Navy by order of the President, shall be entitled to be placed on the Navy pension-list, at the same rate of pension and under the same regulations and restrictions as are provided by law for the officers and seamen of the Navy. secretary oi SEC. 4750. The Secretary of the Navy shall be trustee of the Navy shall be __ trustee of Navy the Navy pension-fund. pension fund. Sec.l, 10 July, 1832 Penalties; how SEC. 4751. All penalties and forfeitures incurred under etc. e ' ' the provisions of sections twenty-four hundred and sixty- sec. 3, 2 Mar., one, twenty-four hundred and sixty-two, twenty-four hun- dred and sixty-three, Title "THE PUBLIC LANDS," shall be LAWS RELATING TO ARMY AND NAVY PENSIONS. sued for, recovered, distributed, and accounted for under the directions of the Secretary of the Navy, and shall be paid over, one-half to the informers, if any, or captors, where seized, and the other half to the Secretary of the Navy for the use of the Navy pension-fund 5 and the Secretary is authorized to mitigate, in whole or in part, on such terms and conditions as he deems proper, by an order in writing, any fine, penalty, or forfeiture so incurred. SEC. 4752. All money accruing or which has already accrued to the United States from sale of prizes shall be and remain forever a fund for the payment of pensions to pensions the officers, seamen, and marines who may be entitled to 18 | c - * 17 Jul y receive the same ; if such fund be insufficient for the pur- pose, the public faith is pledged to make up the deficiency ; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the com- fort of the disabled officers, seamen, and marines. SEC. 4753. The Secretary of the Navy, as trustee of the ^y naval pension-fund, is directed to cause to be invested in the invested. registered securities of the United States, on the first day of ^ 68 1 gjj tion * January and the first day of July of each year, so much of said fund then in the Treasury of the United States as may not be required for the payment of naval pensions for the then current fiscal year; and, upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current fiscal year shall be held in the Treasury on the days above named in each year, subject to his order, for the purpose of such immediate investment; and the interest payable in coin upon the securities in which the fund may be invested shall be so paid, when due, to the order of the Secretary of the Navy, and he is authorized and directed to exchange the amount of such interest, when paid in coin, for so much of the legal currency of the United States as may be obtained therefor at the current rates of premium on gold, and to deposit the interest so converted in the Treasury to the credit of the naval pension-fund; but nothing herein con- tained shall be construed to interfere with the payment of naval pensions under the supervision of the Secretary of the Interior as regulated by law. SEC. 4754. The interest on the naval pension-fund shall hereafter be at the rate of three per centum per annum in fupd lawful money. S c - 2 . 23 Jul y. lg 10 LAWS RELATING TO ARMY AND NAVY PENSIONS. P fyI y Me n flom SEO ' 4755 ' Tne ^ av . v pensions shall be paid from the fand. _ Navy pension-fund, but no payments shall be made there- ct U July 'from except upon appropriations authorized by Congress. i87o Tnere sha11 be P aid out of tne n aval pension- serving fund to every person who, from age or infirmity, is disabled twenty years in . * Navy or Marine irom sea service, but who has served as an enlisted person, or an appointed petty officer, or both, in the Navy or Ma- 18B7J 8 Dec. a 23i TinG Corps for the period of twenty years, and not been discharged for misconduct, in lieu of being provided with a home in the Naval Asylum, Philadelphia, if he so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid him quarterly, under the direction of the Commissioner of Pensions ; and application for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and such certificate shall be his warrant for making payment as herein authorized. serving not SEC. 4757. Every disabled person who has served in the less than ten . years, may re- Navy or Marine Corps as an enlisted man or appointed ceive what aid. . , - petty officer, or both, for a period not less than ten years, Proviso, Act 2 1 , J ' * Mar., 1867. and not been discharged for misconduct, may apply to the 1886? 11 D '' Secretary of the Navy for aid from the surplus income of the naval pension-fund ; and the Secretary of the Navy is authorized to convene a board of not less than three naval officers, one of whom shall be a surgeon, to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy, and a certificate thereof to the Commissioner of Pen- sions, the amount shall be paid in the same manner as is provided in the preceding section for the payment to per- sons disabled by long service in the Navy ; but no allowance so made shall exceed the rate of a pension for full disability corresponding to the grade of the applicant, nor, if in addi- tion to a pension, exceed one-fourth the rate of such pension. secretary of gEC. 4758. The Secretary of the Navy shall be trustee of Navy trustee of privateerpen-the privateer pension-fund. sion fund. Sees. 3 and 5, 10 July, 1832. Privateer pen- gEC. 4759. Two per centum on the net amount, after de- sion fund ; how derived. ducting all charges and expenditures, of the prize-money sec. 17,26 June, arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States, shall be LAWS RELATING TO ARMY AND NAVY PENSIONS. 11 ecured and paid over to the collector or other chief officer >f the customs of the port or place in the United States at which such captured or recaptured vessels may arrive ; or ;o the consul or other public agent of the United States re- iding at the port or place, not within the United States, at which such captured or recaptured vessel may arrive. And he moneys arising therefrom are pledged by the Govern- ment of the United States as a fund for the support and maintenance of the widows and orphans of such persons as nay be slain, and for the support and maintenance of such Dersons as may be wounded and disabled on board of the 3rivate armed vessels of the United States, in any engage- ment with the enemy, to be assigned and distributed in uch manner as is or may be provided by law. SEC. 4760. The two per centum reserved in the hands of Tr ^ e r P ai e d t ; nto he collectors and consuls by the preceding section shall be Sec ^ 13 Feb mid to the Treasury, under the like regulations provided for i813 - ther public money, and shall constitute a fund for the pur- >oses provided for by that section. SEC. 4761. The Secretary of the Interior is required to ilace on the pension-list, under the like regulations tod estrictions as are used in relation to the Navy of the United Sec 2 13 Feb >tates, any officer, seaman, or marine who, on board of any Jgj ; se^ 3, 5 rivate armed vessel bearing a commission of letter of marque, shall have been wounded or otherwise disabled in ny engagement with the enemy, or in the line of their duty as officers, seamen, or marines of such private armed vessel; Jlowing to the captain a sum not exceeding twenty dollars >er month ; to lieutenants and sailing-master a sum not ex- eeding twelve dollars each per month; to marine officer, oats wain, gunner, carpenter, master's mate, andprize-inas- ers a sum not exceeding ten dollars each per month ; to all ther officers a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in propor- iou; and to a seaman, or acting as a marine, the sum of ix dollars per mouth, for the highest rate of disability, and soin proportion; which several pensions shall be paid from noneys appropriated for the payment of pensions. SEC. 4762. The commanding officer of every vessel hav- ng a commission, or letters of marque and reprisal, shall inter in his journal the name and rank of any officer, and jou ;he name of any seaman, who, during his cruise, is wounded lg Sec. 3, is Feb., >r disabled, describing the manner and extent, as far as >racticable, of such wound or disability. 12 LAWS RELATING TO ARMY AND NAVY PENSIONS. jour r S 8 8 Cr t o b e SEC ' 4763 ' E ver y collector shall transmit quarterly to the Secretary f tne Navy a transcript of such journals as may have been reported to him, so far as it gives a list of the sec. 4, is Feb., officers and crew, and the description of wounds and dis- abilities, the better to enable the Secretary to decide on claims for pensions. Act 3 Mar., 1877. AN ACT equalizing pensions of certain officers in the Navy. enacted by the Senate and House of Representatives oj United States of America in Congress assembled, That R - s. from and after the passage of this act, the pension for total disability of passed assistant engineers, assistant engi- neers, and cadet engineers in the naval service, respec- tively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have rela- tive rank ; and that all acts or parts of acts, inconsistent herewith be, and are hereby, repealed. Approved, March 3, 1877. Act9 June, 1880. AN ACT to restore pensions in certain cases. See sec. 4712, g e n enacted by the Senate and House of Representatives oj the United States of America in Congress assembled, That section three of an act entitled u An act increasing the pen- sions of widows and orphans, and for other purposes," approved July twenty-fifth, eighteen hundred and sixty- six, and section thirteen of an act entitled "An act relat- ing to pensions," approved July twenty-seventh, eighteen hundred and sixty-eight, and section forty-seven hundred and twelve of the Kevised Statutes, shall not operate to reduce the rate of any pension which had actually been allowed to the commissioned, non-commissioned, or petty officers of the Navy or their widows, or minor children, prior to July twenty-fifth, eighteen hundred and sixty-six: and the Secretary of the Interior is hereby directed tc restore all such pensions as have already been so reduced to the rate originally granted and allowed, to take effect from the date of such reduction. Approved, June 9, 1880. 14 Aug., AN ACT to relieve certain appointed or enlisted men of the Navy and Marine Corps from the charge of desertion. enacted by the Senate and House of Representatives oj v Corps. tf ie United States of America in Congress assembled, That th charge of desertion* now standing on the rolls and reco " v j\ th( rd LAWS RELATING TO ARMY AND NAVY PENSIONS. 13 f the Navy or Marine Corps against any appointed or nlisted man of the Navy or Marine Corps who served in he late war may, in the discretion of the Secretary of the vTavy, be removed in all cases where it shall be made to ppear to the satisfaction of the Secretary of the Navy rom such rolls and records or from other satisfactory evi- ence, that any such appointed or enlisted man served aithfully until the expiration of his term of enlistment, or ntil the first day of May anno Domini eighteen hundred nd sixty-five, having previously served six months or aore, or was prevented from completing his term of serv- ce by reason of wounds received or disease contracted in tie line of duty, but who, by reason of absence from his ommand at the time he became entitled to his discharge, ailed to be mustered out and to receive a discharge from be service : Provided, That no such appointed or enlisted man shall be relieved under this section who, not being ick or wounded, left his command, without proper author- ;y, while the same was in presence of the enemy. SEC. 2. That the Secretary of the Navy is hereby author zed to remove the charge of desertion standing on the rolls r records of the Navy or Marine Corps against any ap- ointed or enlisted man of the Navy or Marine Corps who erved in the late war, in all cases where it shall be made appear, to the satisfaction of the Secretary of the Navy, rom such rolls or from other satisfactory evidence, that uch appointed or enlisted man charged with desertion or vith absence without leave, after such charge of desertion r absence without leave, and within a reasonable time hereafter, voluntarily returned to and served in the line of is duty until he was mustered out of the service, and eceived a certificate of discharge therefrom, or, while so bsent, and before the expiration of his term of enlistment, led from wounds, injury, or disease received or contracted 1 the service and in the line of duty. SEC. 3. That the charge of desertion now standing on the ^ oils or records of the Navy or Marine Corps against any charge from ppointed or enlisted man of the Navy or Marine Corps vho served in the late war, by reason of his having enlisted it any station or on board of any vessel of the Navy with- ut having first received a discharge from the station or essel in which he had previously served, shall be removed n all cases wherein it shall be made to appear to the satis- action of the Secretary of the Navy from such rolls and ecords, or from other satisfactory testimony, that such re- mlistment was not made for the purpose of securing bounty Proviso. Certificate discharge. 14 LAWS RELATING TO ARMY AND NAVY PENSIONS. or other gratuity that he would not have been entitled to, had he remained under his original term of enlistment:: Provided, That no appointed or enlisted man shall be re- lieved under this act who, not being sick or wounded, left his command without proper authority while the same was in presence of the enemy, or who, at the time of leaving his com- mand, was in arrest or under charges, or in whose case the period of absence from the service exceeded three months. SEC. 4. That in all cases where the charge of desertion shall be removed under the provisions of this act from the record of any appointed or enlisted man of the Navy or Ma- rine Corps who has not received a certificate of discharge it shall be the duty of the Secretary of the Navy to issue to such appointed or enlisted man, or in case of his death, to his heirs or legal representatives, a certificate of discharge. SEC. 5. That when the charge of desertion shall be re- moved under the provisions of this act from the record of any appointed or enlisted man of the Navy or Marine Corps, such man, or, in case of his death, the heirs or legal representatives of such man, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That this act shall not be so construed as to give to any such man as may be entitled to relief under the pro- visions of this act, or, in case of his death, to the heirs or legal representatives of any such man, the right to receive Period of six pay and bounty for any period of time during which such months' service^ not entitled. man was absent from his command without leave of ab- sence : And provided further, That no appointed or enlisted man, nor the heirs or legal representatives of any such man, who served in the Navy or Marine Corps a period of less than six months shall be entitled to the benefit of the provisions of this act : And provided further, That all appli- cations for relief under this act shall be made to and filed with the Secretary of the Navy within the period of five years from and after its passage, and all applications not so made and filed within the said term of five years shall be forever barred, and shall not be received or considered. SEC. 6. That all acts and parts of acts inconsistent with the provisions of this act are hereby repealed. Approved, August 14, 1888. Honorable dis SEC. 1426. Honorable discharges may be granted to sea- charge, to whom granted. men, ordinary seamen, landsmen, firemen, coal-heavers, and boys who have enlisted for three years. LAWS RELATING TO ARMY AND NAVY PENSIONS. 15 SEC. 1573. If any seaman, ordinary seaman, landsman, fireman, coal-heaver, or boy, being honorably discharged, ^^^ Mar., shall re-enlist for three years, within three months th ere- IO^P. 627;? June,' after, he shall, on presenting his honorable discharge, or P. 120. ' on accounting in a satisfactory manner for its loss, be. entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service. JOINT RESOLUTION extending the benefits of sections fourteen .Joint resolu- hundred and twenty-six and fifteen hundred and seventy-throe of iggg, 29 Stat. U lf' the Revised Statutes to all enlisted persons in the Navy. P- 476 - _ Resolved by the Senate and House of Representatives of Navy. the United States of America in Congress assembled, Thafrch^rge^and d rt" khe benefits of honorable discharge as conferred by section fourteen hundred and twenty- six of the Kevised Statutes and of three months' pay upon re-enlistment after honor- BiSi ' pp ' 251 ' 269 - able discharge as conferred by section fifteen hundred and seventy-three upon seamen, ordinary seamen, landsmen, firemen, coal heavers, and boys, be and the same are hereby, extended and made applicable to all enlisted persons in the Navy. And all accounts of paymasters who have made pay- Paymasters' T j. i ,. ,! , -, /T accounts for pay- ments to enlisted men, not of the classes named in sections ments so made to burteen hundred and twenty-six and fifteen hundred and seventy-three, Eevised Statutes, as if they had been in- cluded in the provisions of said sections, shall be allowed and passed by the accounting officers of the Treasury as if ;hey had been included in said sections. LAWS RELATING TO THE INCREASE OF INVALID PENSIONS. SEC. 4698$. Commencement for disabilities not perma- nent and specific. Act June 18, 3874, increasing rate of $50 to $72 per month for total disability. Act June 18, 1874, rate, $50 per month ; regular Act March 3, 1883, increasing rate for the loss of personal aid and attendance of another arm or leg in service, and for other pur- person, poses. Act June 18, 1874, rate, $24 per month; loss of Act March 3, 1885, loss of arm at shoulder joint. arm at or below elbow; leg at or below Act March 4, 1886. loss of one hand or one foot, or knee. Act June 17, 1878, rate, $72 per month ; loss of both hands or both feet, or the sight of both eyes. Act March 3, 1879, for the relic- f of soldiers and total disability in same; loss of arm at or above the elbow, or leg at or above the knee, or total disability in same; loss of arm at shoulder joint or leg at hip joint. Act August 27, 1888, rate for total and partial sailors becoming totally blind. deafness. [4698J.] Exce Pt i n cases of permanent specific disa- disabilities not bilities, no increase of pension shall be allowed to commence specific. _ prior to the date of the examining surgeon's certificate estab- sec. 4, 3 Mar., lishing the same, made under the pending claim for increase, see sec. 4, 10 and in this, as well as all other cases, the certificate of an Apr., 1806. examining surgeon, or of a board of examining surgeons, shall be subject to the approval of the Commissioner of Pensions. Act 18 June, AN ACT to increase the pension of soldiers and sailors who have lnvn totally disabled. 1 see sees. 4697, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section four of the act entitled " An act to revise, consoli- date, and amend the laws relating to pensions,' 7 and ap- proved March third, eighteen hundred and seventy-th be so amended that all persons who, while in the mill or naval service of the United States, and in the line o duty, shall have been so permanently and totally disabled as to require the regular personal aid and attendance of another person, by the loss of the sight of both eyes or by seeamendment the loss of the sight of one eye, the sight of the other hav- act 16 June, 1880, P. is. ing been previously lost, or by the loss of both hands, or by the loss of both feet, or by any other injury resulting in total and permanent helplessness, shall be entitled to a pension 1 Amended by Act of June 16, 1880, p. 18. 16 LAWS RELATING TO ARMY AND NAVY PENSIONS. 17 of fifty dollars per month ; and this shall be in lieu of a pen- sion of thirty-one dollars and twenty-five cents per month granted to such person by said section : Provided, That the increase of pension shall not be granted by reason of any of the injuries herein specified, unless the same shall have resulted in permanent, total helplessness, requiring the reg- ular personal aid and attendance of another person. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Approved, June 18, 1874. AN ACT to increase pensions in certain cases. Act 18 June, 1874. Be it enacted by the Senate and House of Representatives of see sees. 4097, the United States of America in Congress assembled, That all 4698 ' K ' S ' persons who are now entitled to pensions under existing laws, and who have lost either an arm at or above the elbow, L. 08 . 8 of & at ' or below elbow; or a leg at or above the knee, shall be rated in the second at or class, and shall receive twenty-four dollars per month : Pro- vided, That no artificial limbs, or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act. SEC. 2. That this act shall take effect from and after the fourth day of June, eighteen hundred and seventy-four. Approved, June 18, 1874. AN ACT to increase the pension of certain pensioned soldiers and sailors Act 17 June, who have lost both their hands or both their feet or the sight of both 1878 ' eyes in the service of the country. Whereas, it is apparent that the present pension paid to sol- 46 || t e * 6 g; 46 | 7 ; diers and sailors who have lost both their hands or both StgJSSwSJ their feet in the service of the country is greatly made- i88o f June 16> quate to the support of such as have families : Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the passage of this act, all soldiers and sailors who have lost either both their hands or both their feet or Lo88 of both hands or both the sight of both eyes in the service of the United States, feet. shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid to them, in the same manner as pensions are now paid to such persons, the sum of seventy-two dollars per month. Approved, June 17, 1878. Above act amended by the following act: 532302 -- 2 18 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 3 Mar., AN ACT for the relief of soldiers and sailors becoming totally blind in - ' - the service of the country. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of June seventeenth, eighteen hundred and seventy- eight, entitled "An act to increase the pensions of certain LOSS of both soldiers and sailors who have lost both their hands or both hands, both feet. ,-./, ., i j_ / i j-i ji sight both eyes, their feet, or the sight of both eyes, in the service ot the MOT! country," be so construed as to include all soldiers and sail- ao 16 ors who have become totally blind from causes occurring in 8 ' J the service of the United States. Approved, March 3, 1879. Act 16 June, AN ACT to increase the pensions of certain pensioned soldiers and ' sailors who are utterly helpless from injuries received or disease contracted while in the United States service. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all Totally dis- soldiers and sailors who are now receiving a pension of fifty see sees. 4697, dollars per month, under the provisions of an act entitled 4fiQR -p c * "An act to increase the pension of soldiers and sailors who havebeen to tally disabled," approved June eighteenth, eight- een hundred and seventy-four, shall receive, in lieu of all pensions now paid them by the Government of the United States, and there shall be paid them in the same manner as pensions are now paid to such persons, the sum of seventy- two dollars per month. is?! 6 ^Ma? 6 ' SEC. 2. All pensioners whose pensions shall be increased i878 : 1? June 'by the provisions of this act from fifty dollars per month to seventy-two dollars per month shall be paid the difference between said sums monthly, from June seventeenth, eighteen hundred and seventy-eight, to the time of the taking effect of this act. Approved, June 16, 1880. Act 12 Feb., AN ACT to increase pensions in certain cases. Be it enacted by the Senate and House of Representatives oj the United States of America in Congress assembled, That from and after the passage of this act all persons who, in the military or naval service of the United States and in hands 8 f b th tne line of duty k ave > lost both nail d s 7 SQa11 be entitled to a pedsion of one hundred dollars per month. 2 Approved, February 12, 1889. 1 Amends Act of June 18, 1874. 2 Amendatory of Rev. Stat., Sec. 4698, p. 25. LAWS RELATING TO ARMY AND NAVY PENSIONS. 19 AN ACT to increase the pensions of certain soldiers and sailors who Act 4 Mar., 1890. are totally helpless from injuries received or diseases contracted while in the service of the United States. 1 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all soldiers, sailors, and marines who have since the six- teenth day of June, eighteen hundred and eighty, or who may hereafter become so totally and permanently helpless Totally ais- from injuries received or disease contracted in the service ab and line of duty as to require the regular personal aid and attendance of another person, or who, if otherwise entitled, were excluded from the provisions of "An act to increase pensions of certain pensioned soldiers and sailors who are utterly helpless from injuries received or disease contracted while in the United States service," approved June six- teenth, eighteen hundred and eighty, shall be entitled to receive a pension at the rate of seventy- two dollars per month from the date of the passage of this act or of the certificate of the examining surgeon or board of surgeons showing such degree of disability made subsequent to the passage of this act. Approved, March 4, 1890. AN ACT to amend the pension laws by increasing the pensions of sol- Act 3 Mar., diers and sailors who have lost an arm or leg in the service, and for ' other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from increase of pen- and after the passage of this act all persons on the pension- and sailors who roll, and all persons hereafter granted a pension, who, while or le in the military or naval service of the United States, and in the line of duty, shall have lost one hand or one foot, or been totally or permanently disabled in the same, or other- wise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or a foot, shall Equivalent in- receive a pension of twenty-four dollars per month ; that all capacity> persons now on the pension-roll, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow, or a leg at or above the knee. LOSS of arm ITIT -, ,-, . -1.1-11 above elbow, or or shall have been otherwise so disabled as to be incapaci. leg above the tated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall receive a Amendment of Act June 16,1880. (See p. 18.) An intermediate rate of pension was established by Act of July 14, 1892, wherein those who require frequent and periodical aid and attendance should receive $50 per month. (See p. 27.) 20 LAWS RELATING TO ARMY AND NAVY PENSIONS. Proviso. pension of thirty dollars per month : Provided, That nothing contained in this act shall be construed to repeal section sec. 4699, n. s. forty-six hundred and ninety-nine of the Revised Statutes of the United States, or to change the rate of eighteen dol- lars per month therein mentioned to be proportionately di- vided for any degree of disability established for which sec- tion forty-six hundred and ninety-five makes no provision. Approved, March 3, 1883. Act 3 Mar., AN ACT for the benefit of soldiers and sailors who have lost an arm at the shoulder-joint. soldiers and Be it enacted by the Senate and House of Representatives of states. the United States of America in Congress assembled, That all after for loss of soldiers and sailors of the United States who have had an arm at shoulder- ,, ,. , , . , , . . , j T_ joint to bo same arm taken off at the shoulder-joint, caused by injuries re- at hip-joSt f Ieg ceived in the service of their country while in the line of duty, and who are now receiving pensions, shall have their pensions increased to the same amount that the law now gives to soldiers and sailors who have lost a leg at the hip- joint; and this act shall apply to all who shall be hereafter placed on the pension-roll. Approved, March 3, 1885. i886 Ct * Aug> ' AN ACT to amend the pension laws by increasing the pensions of - - - soldiers and sailors who have lost an arm or leg in the service. 86C 25 4 an 8 d ^ e ^ enacte ^ ty ^ e Senate and House of Representatives of States of America in Congress assembled, That from 2 f 28 t Feb e ' is?? 5 au ^ after the passage of this act all persons on the pension. 17 June, 1878; 3 rolls, and all persons hereafter granted a pension, who, while 16 jiine, 1880; 3 in the military or naval service of the United States and in Mar. ,1883; and 3 ,. , ,, , , . , Mar., 1885. line of duty, shall have lost one hand or one foot, or been hand totally disabled in the same, shall receive a pension of thi. ty dollars a month 5 that all persons now on the pension-rolls, and all persons hereafter granted a pension, who in like manner shall have lost either an arm at or above the elbow or a leg at or above the knee, or been totally disabled in the same, shall receive a pension of thirty-six dollars per month; and that all persons now on the pension-rolls, and all persons hereafter granted a pension who in like manner shall have lost either an arm at the shoulder joint or a leg at the hip-joint, or so near the joint as to prevent the use of an artificial limb, shall receive a pension at the rate of Proviso. forty five dollars per month : Provided, That nothing con- LAWS RELATING TO ARMY AND NAVY PENSIONS. 21 tained iii this act shall be construed to repeal section forty- six hundred and ninety-nine of the Revised Statutes of the United States, or to change the rate of eighteen dollars per month therein mentioned to be proportionately divided for any degree of disability established for which section forty- six hundred and ninety-five makes no provision. Approved, August 4, 188G. AN ACT authorizing an increase in pensions in cases of deafness. Act 27 Aug., Be it enacted by the Senate and Souse of Representatives ~ of the United States of America in Congress assembled, That from and after the passage of this act all persons on the Deafness, pension rolls of the United States, or who may hereafter be thereon, drawing pension on account of loss of hearing, shall be entitled to receive in lieu of the amount now paid in case of such disability, the sum of thirty dollars, in cases of total deafness, and such proportion thereof in cases of partial deafness as the Secretary of the Interior may deem equitable ; the amount paid to be determined by the degree of disability existing in each case. Approved, August 27, 1888. LAWS IN FORCE RELATIVE TO THE RATE AND COMMENCEMENT OF INVALID PENSIONS. SEC. 4695. Rate prescribed for total disability. Act 3 Marcb, 1877. Rate, passed assistant engi- neers, assistant engineers, cadet engineers. Act 18 June, 1878. Rate, lieutenant-commanders in Navy. SEC. 4696. Rate according to rank held at time dis- ability contracted. SEC. 4697. Rate and commencement in case of permanent and specific disabilities subsequent to July 4, 1864, and prior to June 3, 1872. SEC. 4698. Rate and commencement in case of permanent and specific disabilities subsequent to June 4, 1872. Act 28 February, 1877. Rate, $36 per month ; loss of arm and leg. Act3 March, 1879. Amputation of leg at hip joint. SEC. 4699. Proportionate rate, $18 per month. SEC. 4712. Provisions of former acts extended. Act 12 February, 1889. Rate, $100 per month. Act 4 March, 1890. Rate, $72 per month. Act 14 July, 1892. Intermediate rate between $30 and $72. -Rate of pension g E c. 4695. The pension for total disability shall be as prescribed for totaidisabiiities. follows, namely: For lieutenant-colonel and all officers of Sec. 2, 3 Mar., higher rank in the military service and in the Marine Corps, 1873; Sec. 1, 14 , ,, *; _ . , July, 1862. and for captain and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively rank- ing with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engi- neer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, Enrolling offi- professor of mathematics, master, assistant surgeon, assist- depiity V provost ant paymaster, and chaplain in the naval service, twenty marshaL dollars per month; for first lieutenant in the military serv- f ^ July ' ice and in the Marine Corps, acting assistant or contract g 4697. For the period commencing July fourth, eight- meucement of" pension for per- eeii hundred and sixty-four, and ending June third, eighteen mauent and spe- cific disabilities hundred and seventy-two, those persons entitled to a less subsequent to 4 July, 1864, and pension than hereinafter mentioned, who shall have lost both 61 feet in the military or naval service and in the line of duty, S.T. 3. 3 Mar., shall be entitled to a pension of twenty dollars per month; 1873; Sec. 5, 4 . * . .Tuiy. 1864; Sec. for the same period those persons who, under like circuiu stances, shall have lost both hands or the sight of both eyes, shall be entitled to a pension of twenty-five dollars per month; and for the period commencing March third, eight- een hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like cir- ror loss of hand cum stances shall have lost one hand and one foot shall be 2? Feb^is?? 6 . Acfc entitled to a pension of twenty dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and sev- For loss of both enty-two, those persons who under like circumstances shall or both feet, see have lost one hand or one foot shall be entitled to a pension Act 17 June, 1878, . and 3 Mar., 1879. of fifteen dollars per month; and for the period commenc- tated'atlfipjoEit.iiig June sixth, eighteen hundred and sixty-six, and ending mo Ac r '' June third, eighteen hundred and seventy-two, those persons low?' lf 6 ine> entitled to a less pension than hereinafter mentioned, who by reason of injury received or disease contracted in the military or naval service of the United States and in the lineof duty shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, Sec. 12, 27 Jniy, the other having been previously lost, or who shall have been 18 As to total and otherwise so totally and permanently disabled as to render TeT^nTs^^ethein utterly helpless, or so nearly so as to require regular i S June" i874^md Personal aid and attendance of another person, shall be 16 See ne 8ec 8 i 6 eil titled to a pension of twenty-five dollars per month; and June. 1866; sec. f or the same period those who under like circumstances 5, 25 July, 1886. shall have been totally and permanently disabled in both feet or in one hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month; and for the same period all persons who under like circumstances shall have been totally and permanently disabled in one hand or one foot, or otherwise so disabled as to render their inability to perform manual labor equiva- lent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month. (See Act of June 16, 1880, p. 18; and Act of March 4, 1890, p. 19.) LAWS RELATING TO ARMY AND NAVY PENSIONS. 25 SEC. 4698. From and after June fourth, eighteen, hundred d seventy- two, all persons entitled by law to a less P en -^f^J^d ?p n than hereinafter specified, who while in the military or cmo^di^abiiuies val service of the United States, and in line of duty, June, isra. all have lost the sight of both eyes, or shall have lost the ght of one eye, the sight of the other having been pre- >usly lost, or shall have lost both hands, or shall have lost th feet, or been permanently and totally disabled in the me, or otherwise so permanently and totally disabled as render them utterly helpless, or so nearly so as to require e regular personal aid and attendance of another person, peraauent'heip- all be entitled to a pension of thirty-one dollars and A e ct8 n i8 8 June? enty-five cents per month; and all persons who, under Jg8o! and1 ' e circumstances, shall have lost one hand and one foot, For loss of hand ' aiidfoot, see Acts been totally and permanently disabled in the same, or 28 Feb., is??, and 4 Aug., 1886. herwise so disabled as to be incapacitated for performing y manual labor, but not so much as to require regular rsonal aid and attendance, shall be entitled to a pension twenty-four dollars per month; and all persons who un- r like circumstances, shall have lost one hand, or one foot, been totally and permanently disabled in the same, or aerwise so disabled as to render their incapacity to per- rm manual labor equivalent to the loss of a hand or foot, all be entitled to a pension of eighteen dollars per month : ^ 9 Act 3 Mnr - rovided, That all persons who, under like circumstances, ve lost a leg above the knee, and in consequence thereof sec. 4, 3 Mar., e so disabled that they cannot use artificial limbs, shall rated in the second class and receive twenty-four dollars r month from and after June fourth, eighteen hundred id seventy -two; and all persons who, under like circum- For deafness, ances, shall have lost the hearing of both ears shall be i888 Act27Aug '' titled to a pension of thirteen dollars per month from the me date : Provided, That the pension for a disability not rmanent, equivalent in degree to any provided for in this 18 f| c - 4) 3 Mar - jction, shall, during the continuance of the disability in ch degree, be at the same rate as that herein provided for permanent disability of like degree. The above section amended by the following Acts approved sbruary 28, 1877, and March 3, 1879. (See footnotes also.) 1 Amended by Acts of June 18, 1874 (2); June 17, 1878; June 16, 1880; March 3, 83; March 3, 1885; August 4, 1886; August 27, 1888, and February 12, 1889. 26 LAWS RELATING TO ARMY AND NAVY PENSIONS. lg ^ ct 28 Feb - AN ACT to allow a pension of thirty-six dollars per month to soldiers who have lost both an arm and a leg. 4tJf Vis 8 ' 4697> ^ e ^ enactea by the Senate and House of Representatives of the United States of America in Congress assembled, That all persons who, while in the military or naval service of the hand ^ Tnite(1 States, and in the line of duty, shall have lost oue; hand and one foot, or been totally and permanently disabled, in both, shall be entitled to a pension for each of such dis- abilities, and at such a rate as is provided for by the provi- sions of the existing laws for each disability : Provided, That this act shall not be so construed as to reduce pensions in any case. Approved, February 28, 1877. Act 3 Mar., AN ACT for the relief of certain pensioners. 1879. see sees. 4697, Be it enacted by the Senate and House of Representatives oj\ the United States of America in Congress assembled. That all pensioners now on the pension-rolls, or who may hereafter be! aifwp jofnt nleg placed thereon, for amputation of either leg at the hip joint. shall receive a pension at the rate of thirty-seven dollars and fifty cents per month from the date of the approval ol| this act. Approved, March 3, 1879. SEC - 4699 - The rate of eighteen dollars per month may sec s 3 Mar proportionately divided for any degree of disability estab] 73. lished for which section forty- six hundred and ninety-fir makes no provision. ex f ! SEC - 4712 - The provisions of this Title in respect to th< rates of pension to persons whose right accrued since th i8?3 C ' sec 3 3* & 25 ^ our ^ Q day ^ March, eighteen hundred and sixty-one, ar July, 1866; 'sec. extended to pensioners whose right to pension accruec 13, 27 July, 1868. , see amend- under general acts passed since the war of the Revolutioi 1880. ' ' e ' and prior to the fourth day of March, eighteen hundred sixty-one, to take effect from and after the twenty-fifth ds of July, eighteen hundred and sixty-six; and the widows ol revolutionary soldiers and sailors receiving a less sum shal be paid at the rate of eight dollars per month from and at'te the twenty-seventh day of July, eighteen hundred am| sixty-eight. 1 Amended by act of June 9, 1880. (See p. 12.) LAWS RELATING TO ARMY AND NAVY PENSIONS. 27 N ACT to establish an intermediate rate of pension between thirty Act 14 July, dollars and seventy- two dollars per month. - Be it enacted by the Senate and House of Representatives / bl ^ otally disa " ne United States of America in Congress assembled* That , Tiiose reqnir- |A| ing frequent and Joldiers and sailors who are shown to be totally incapaci- periodical aideu- ated for performing manual labor by reason of injuries aceived or disease contracted in the service of the United tates and in line of duty, and who are thereby disabled p such a degree as to require frequent and periodical, * pough not regular and constant, personal aid and attend- nce of another person, shall be entitled to receive a pen- lion of fifty dollars per month from and after the date of tie certificate of the examining surgeon or board of exam- ling surgeons showing such degree of disability, and made (iibsequent to the passage of this act. Approved, July 14, 1892. (See Act March 6, 1896, p. 95, fixing date of commence- \wnt in claims under Act of June 27 ', 1890, rejected, sus- pended, or dismissed.) TABLE OF RATES. RATINGS NOW IN FORCE FOR DISABILITIES INCURRED THE MILITARY OR NAVAL SERVICE AND IN LINE DUTY. TABLE I. For simple iotal (a disability equivalent to the anchylosis of a wrist) provided by Section 4695, Revised Statutes, United States. ARMY. Per month. Lieutenant-colonel and all officers of higher rank $30. 00 Major, surgeon, and paymaster 25. 00 Captain, provost-marshal, and chaplain 20. 0( First lieutenant, assistant surgeon, deputy provost-marshal, and quarter- master 17. 00 Second lieutenant and enrolling officer 15. 01 All enlisted men 8.00 NAVY AND MARINE CORPS. Captain, and all officers of higher rank, commander, lieutenant commanding, and master commanding, surgeon, paymaster, and chief engineer ranking with commander by law, lieutenant-colonel, and all of higher rank in Marine Corps 30. 00 Lieutenant, passed assistant surgeon, surgeon, paymaster and chief engineer ranking with lieutenant by law, and major in Marine Corps 25. 0( Master, professor of mathematics, assistant surgeon, paymaster, and chap- lain, and captain in Marino Corps 20. 0( First lieutenant in Marino Corps 17, 0( First assistant engineer, ensign, and pilot, and second lieutenant in Marine Corps 15.00 Cadet midshipmen, passed midshipmen, midshipmen, clerks of admirals, of paymasters, and of officers commanding vessels, second and third assistant engineers, master's mate, and warrant officers 10. 0( All enlisted men, except warrant officers 8. 0( TABLE II. Hates and disabilities specified by law. Loss of both hands $100.00 Total disability in both hands 72. 00 Loss of both feet 72.00 Loss of both eyes 72.00 Loss of an eye, the other lost before enlistment 72. OC Regular aid and attendance (first grade) 72. 00 LAWS RELATING TO ARMY AND NAVY PENSIONS. 29 Per month. equent aid and attendance $50. 00 nputation at shoulder or liip joint, or so near joint as to prevent use of arti- ficial limb 45. 00 tal disability of arm or leg -. 36. 00 >ss of one hand and one foot 36. 00 tal disability in one hand and one foot 36. 00 nputation at or above elbow or knee 36. 00 >ss of a hand or afoot 30.00 tal disability of one hand or one foot 30. 00 ability to perform manual labor (second grade) 30. 00 tal deafness - 30. 00 sability equivalent to loss of hand or foot (third grade) 24. 00 TABLE III. itcs fixed by the Commissioner of Pensions for certain disabilities not specified ly law. chylosis of shoulder $12.00 chylosis of elbow 10. 00 chylosis of knee 10. 00 ichylosis of ankle 8. 00 chylosis of wrist 8.00 >ss of sight of one eye , 12. 00 )ss of one eye 17. 00 arly total deafness of one ear 6. 00 tal deafness of one ear 10. 00 ght deafness of both ears 6. 00 vere deafness of one ear and slight of the other 10. 00 arly total deafness of one ear and slight of the other 15. 00 tal deafness of one ear and slight of the other 20. 00 vere deafness of both ears 22. 00 tal deafness of one ear and severe of the other 25. 00 jafness of both ears existing in a degree nearly total 27. 00 ss of palm of hand and all the fingers, the thumb remaining 17. 00 ss of thumb, index, middle, and ring fingers 17. 00 ss of thumb, index, and middle fingers 16. 00 ss of thumb and index finger 12. 00 88 of thumb and little finger 10.00 ss of thumb, index, and little fingers 16. 00 )ss of thumb 8. 00 ss of thumb and metacarpal bone 12. 00 >ss of all the fingers, thumb and palm remaining 16. 00 )ss of index, middle, and ring fingers 16.00 )ss of middle, ring, and little fingers 14. 00 )ss of index and middle fingers 8. 00 )ss of little and middle fingers 8.00 >ss of little and ring fingers 6. 00 3ss of ring and middle fingers 6. 00 388 of index and little fingers 6.00 588 of index finger 4. 00 ass of any other finger without complications 2. 00 388 of all the toes of one foot 10. 00 ass of great, second, and third toes 8. 00 3ss of great toe and metatarsal 8. 00 388 of great and second toes 8. 00 )ss of great toe 6.00 30 LAWS RELATING TO ARMY AND NAVY PENSIONS. Per month Loss of any other toe and metatarsal $6.00 Loss of any other toe 2.00 Chopart's amputation of foot, with good results 14. 0( PirogofFs modification of Syme's 17. 00 Small varicocele 2. Well-marked varicocele 4. 00 Inguinal hernia, which passes "through the external ring 10. Inguinal hernia, which does not pass through the external ring 6. Double inguinal hernia, each of which passes through the external ring 14. 0( Double inguinal hernia, one of which passes through the external ring and the other does not.'. 12.00 Double inguinal hernia, neither of which passes through the external ring.. 8. Femoral hernia ." 10. NOTE. Section 4699, Revised Statutes, provides that the rate of eighteen dollar per month may be proportionately divided for any degree of disability establishe( for which section forty-six hundred and ninety -five makes no provision, thus fixing the highest rating provided by existing laws which can be allowed by considerin disabilities separately and compounding so as to allow the full amount which th disabilities, so considered, would aggregate. The act of March 2, 1895, provides that all pensioners now on the rolls, who are pensioned at less than six dollars per month, for any degree of pensionable disabi] ity, shall have their pensions increased to six dollars per month ; and that, here- after, whenever any applicant for pension would, under existing rates, be entitle to less than six dollars for any single disability or several combined disabilities such pensioner shall be rated at not less than six dollars per month: Provided, also That the provisions hereof shall not be held to cover any pensionable period prio to the passage of this act, nor authorize a rerating of any claim for any part such period, nor prevent the allowance of lower rates than six dollars per month, according to the existing practice in the Pension Office in pending cases coverin any pensionable period prior to the passage of this act. WIDOWS. The widow of a soldier or sailor who died of a disability incurred while in th service and in line of duty is, under the provisions of section 4702, entitled to th rating to which he would have been entitled for a simple total disability, as showi in Table I, and, under the provisions of section 4696, Revised Statutes, the rank o the soldier is determined by the rank held by him when death cause was incurred without regard to subsequent promotions. From and after March 19, 1886, by the act approved on that date, the widow of private or noncommissioned officer is entitled to $12 per month, provided that sh married deceased soldier or sailor prior to March 19, 1886, or thereafter married hin prior to or during his term of service. WIDOW'S INCREASE. From and after July 25, 1866, a widow is entitled to $2 per month increase fo each legitimate minor child of the soldier or sailor in her care and custody. MINORS' PENSION. Same rates and increase as in widows' claims, except that in cases of children d fathers below the rank of a commissioned officer, the rate is increased to $12 pe month from March 19, 1886, without regard to date of soldier's or sailor's marriage MOTHERS, FATHERS, AND BROTHERS AND SISTERS. Same rates as provided in minors' and widows' claims in cases of commission^ officers, and $8 per month to March 19, 1886, and $12 thereafter in other cases. LAWS RELATING TO ARMY AND NAVY PENSIONS. 31 5NSIONS BASED UPON SERVICE PERFORMED SINCE MARCH 4, 1861. ACT OP JUNE 27, 1890. Per month. irvivors , $6. 00 to $12. 00 r idows and minors 8. 00 To widows' and minors' rate add $2 per month increase for each legitimate inor child of soldier or sailor under the age of 16. ACT OF AUGUST 5, 1892. emale nurses $12. 00 ACT OP MARCH 2, 1867 (NAVY ONLY). For twenty years' naval service entitled to one-half the pay he was receiving at ite of discharge. Ten years' service; whatever rate may be allowed by a board of officers appointed f the Secretary of the Navy, not to exceed rate for total disability. If in addition to service pension sailor is pensioned for disability, the service msion covering the same time shall not exceed one-fourth the rate allowed for lability. NOTE. Claims under this act should be filed with the Secretary of the Navy. PENSIONS BASED UPON SERVICE PERFORMED PRIOR TO MARCH 4, 1861. Evolutionary war. There are no survivors of this war. idows, from March 9, 1878, $8, and from March 19, 1886 $12.00 War of 1812. lections 4736 and 4740, Revised Statutes, and acts of March 9, 1878, and March 19, 1886.) irvivors $8. 00 'idows, from March 9, 1878, $8, and from March 19, 1886 12. 00 Indian wars, from 1832 to 1842 (act of July 27, 1892}. irvivors $8. 00 'idows 8. 00 Mexican icar (act of January 29, 1887}. irvivors $8,00 Act of January 5, 1893, provides, under certain conditions, for increase of survivors' pension only to 12.00 r idows 8.00 IOVIDING A MINIMUM RATE OF $6 FOR ALL INVALID PENSIONS. SEE ACT MARCH" 2, 1895, P. 94. LAWS GRANTING ARREARS OF PENSION. SEC. 1 The following provisions icere enacted as a portion of the Act making appropriations for the payment of the arrears of pensions, approved March 3, 1879 : *###*** That the rate at which the arrears of invalid pensions shall be allowed and computed in the cases which have been or shall hereafter be allowed, shall be graded accord- ing to the degree of the pensioner's disability from time to time, and the provisions of the pension laws in force over the period for which the arrears shall be computed. That section one of the Act of January twenty-fifth, eighteen hundred and seventy-nine, granting arrears of pensions, shall be construed to extend to and include pen- sions on account of soldiers who were enlisted or drafted for the service in the war of the rebellion, but died or incurred disability from a cause originating after the ces- sation of hostilities, and before being mustered out: Pro- vided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability. SEC. 2. All pensions which have been, or which may here- after be, granted in consequence of death occurring from cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, or in conse- quence of wounds or injuries received, or disease contracted since that date, shall commence from the death or dis- charge of the person on whose account the claim has been or is hereafter granted, if the disability occurred prior to discharge; and if such disability occurred after the dis- charge, then from the date of actual disability, or from the termination of the right of party having prior title to such pension: Provided, The application for such pension has been or is hereafter filed with the Commissioner of Pen- sions prior to the first day of July, eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the application; but the limitation herei prescribed shall not apply to claims by or in behalf insane persons and children under sixteen years of age. 11 ' 8 ' 1 SEC * 3< Section forty-seven hundred and nine of t Revised Statutes is hereby repealed. ! MISCELLANEOUS LAWS RELATING TO INVALID PENSIONS. SEC. 4694. Limitations in cases of disability in- curred since July /7, 1868. SEC. 4700. Sick leave; sick furlough ; veteran fur- lough; line-of duty. SEC. 4701. Date when service terminates. SEC. 4713. Commencement of an ti -rebellion pen- sions. SEC. 4715. One pension only allowable. SEC. 4721. Limitation prescribed by Sees. 4709 and 4717 extended in claims of Indians. Evidence in Indian claims to be exe- cuted, by whom. SEC. 4724. General-service limitations as to pen- sion and pay. Act, 29 August, 1890. Officer on retired list. SEC. 4749. Certain soldiers and sailors not to be deemed devserters. Act 7 August, 1872. Act 5 July, 1884. Act 17 May, 1886. Act 2 March, 1889. Act 2 March, 1891. Minor not entitled to bounty or pay. Act 27 July, 1892. Desertion. War with Mexico. Extends limitation. Desertion, removal of charges. Act 2 March, 1895. Desertion, limit to, rescinded. SEC. 4771.) SEC. 4772. [Repealed. SRC. 4773.) Act 21 June, 1879. Power of Commissioner to order special examinations, and to increase or reduce pensions. SEC. 4777. Appointment of civil examining sur- geons. Act 3 June, 1884. Providing for muster and pay of certain officers and enlisted men, volunteer service. Act 3 February, 1887. Providing for muster and pay of certain officers and enlisted men of the volunteer forces. Act 1 March, 1879. Soldiers in the civil service of the United States. Act 1 August, 1892. Disloyalty, bar as to, re- moved, amending Sec. 4716. Act :< March, 1893. Aid to State or Territorial Homes. Act 24 February, 1897. Provisions as to muster and pay of certain officers and en- listed men of volunteer forces. SEC. 4694. No person shall be entitled to a pension by reason of wounds or injury received or disease contracted in the service of the United States subsequent to the twenty- Sec t 3 Mar seventh day of July, eighteen hundred and sixty-eight, uu- 1873 ; s'eo. 2, 27 less the person who was wounded, or injured, or contracted the disease was in the 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 en route, by direction of competent authority, to some post, fort, or gar- rison ; or, 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 at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel, or naval station, or hospital. SEC. 4700. Officers absent on sick-leave, and enlisted men sick leave, i . ' sick furlough, absent on sick-turlough, or on veteran-furlough with the veteran fur organization to which they belong, shall be regarded in the a uty b ' ] administration of the pension laws in the same manner as if sec. 6, 3 Mar., they were in the field or hospital. S, wS*. 8 ('on veteran furlough with the organization to which they belonged.) 35 36 LAWS RELATING TO ARMY AND NAVY PENSIONS. 8 Jr v i r e "term?- SEC ' 4701> Toe P eriod of service of all persons entitled to nulea - the benefits of the pension laws, or on account of whose sec. 7, 3 Mar. death any person may become entitled to a pension, shall Io7o ; t$o. 9, 6 June, 1896. be construed to extend to the time of disbanding the or- ganization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. Conimenceiueut ggc. 4713. In all cases in which the cause of disability or <> ;uita rebellion J pensions. death originated in the service prior to the fourth day of Sec. 19, s Mar., March, eighteen hundred and sixty one, and an application June, 1866; s'ec. for pension shall not have been filed within three years from 'see sec. i, 21 the discharge or death of the person on whose account the !i82o ; e sea claim is made, or within three years of the termination of a 6 24 My! pension previously granted on account of the service and death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteen hundred and sixty six, shall be affected by anything herein contained. iii this Title shall be so construed as to allow more than one pension at the same time to the same >'<. *_. o ,M;ir., 1873; Sees. 3 4, person or to persons entitled jointly; but any pensioner 1862 ; 'sec. is, 6 who shall so elect may surrender his certificate, and receive, 2. 25 July, 1866. ' in lieu thereof, a certificate for any other pension to which he would have been entitled had not the surrendered cer- tificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. (See Sec. 5, Act of July 25, 1882, p. 84.) Indians' claims. g EC> 4721. The term of limitation prescribed by sections 1873" 28 ' 3 * Mar " forty-seven hundred and nine and forty-seven hundred and seventeen shall, in pending claims of Indians, be extended to two years from and after the third day of March, eight- een hundred and seventy three; all proof which has here- tofore been taken before an Indian agent, or before an officer of any tribe, competent according to the rules of said tribe to administer oaths, shall be held and regarded by the Pen- sion Office, in the examining and determining of claims of Indians now on file, as of the same validity as if taken be- fore an officer recognized by the law at the time as compe- tent to administer oaths; all proof wanting in said claims hereafter, as well as in those filed after the third day of March, eighteen hundred and seventy-three, shall be taken before the agent of the tribe to which the claimants respec tively belong ; in regard to dates, all applications of Indians LAWS RELATING TO ARMY AND NAVY PENSIONS. 37 now oil file shall be treated as though they were made be- fore a competent officer at their respective dates, and if found to be in all other respects conclusive, they shall be allowed ; and Indians shall be exempted from the obligation to take the oath to support the Constitution of the United States. SEC. 4724. No person in the Army, Navy, or Marine Corps . General serv- sliall draw both a pension as an invalid and the pay of his _ rank or station in the service, unless the disability for lg ^ ct 30 A P F -' which the pension was granted be such as to occasion employment in a lower grade, or in the civil branch of service. 3 Mar -' 1865 - Sec 5, 6 June, 1866, and Act 1 Mar., 1879. The above section amended by the following Act : AN ACT making appropriations for additional clerical force and other Act 29 Aug., expenses, and so forth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * SEC. 2. Hereafter no officer of the Army, Navy or Marine tir J^ r on re - Corps on the retired list shall draw or receive any pension under any law. Approved, August 29, 1890. SEC. 4749. No soldier or sailor shall be taken or held to Certain soldiers and sailors not to be a deserter from the Army or Navy who faithfully served ^ rt( d r e 8 emed de " accordingto his enlistment until the nineteenth day of April, Act ' 19 Jul eighteen hundred and sixty-five, and who, without proper 1867. authority or leave first obtained, quit his command or re- fused to serve after that date ; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citi- zenship in consequence of his desertion. The above section amended by the following Acts: AN ACT to relieve certain soldiers of the late war from the charge of Act 7 Aug. desertion. ! Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charge of desertion now standing on the rolls and records Desertion. in the Office of the Adjutant-General of the United States 38 LAWS RELATING TO ARMY AND NAVY PENSIONS. against any soldier who served in the late war in the vol- unteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records or from other satisfactory testimony, that any such soldier served faithfully until the expiration of his term of enlistment, or until the twenty- second day of May, anno Domini eighteen hundred and sixty-five, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge. SEC. 2. That the charge of desertion standing on the rolls and records in the Office of the Adjutant-General of the United States against any soldier who served in the late war in the volunteer service shall also be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier charged with desertion or with absence without leave did not intend to desert, and after such charge of desertion or absence with- out leave voluntarily returned to his command and served in the line of his duty until he was mustered out of the serv- ice and received a certificate of honorable discharge. SEC. 3. That in all cases where the charge of desertion shall be removed under the provisions of this Act from the record of any soldier who has not received a certificate of discharge, it shall be the duty of the Adjutant-General of the United States to issue to such soldier, or, in case of his death, to his heirs or legal representatives, a certificate of discharge. Desertion. S~EG. 4. That when the charge of desertion shall be re- moved under the provisions of this Act from the record of any soldier, such soldier, or in case of his death, the heirs or legal representatives of such soldier, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave : Provided, however, That this Act shall not be so construed as to give to any such soldier as may be entitled to relief under the provisions of this Act, or, in the case of his death, to the heirs or legal representatives of any such soldier, the right to receive pay and bounty for any period of time during which such soldier was absent from his command without leave of absence : And provided further. That no soldier nor the heirs nor legal representatives of any soldier, who served in the Army a period of less than twelve months, or who LAWS RELATING TO ARMY AND NAVY PENSIONS. 39 intentionally deserted shall be entitled to the benefit of the provisions of this Act. SEC. 5. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, August 7, 1882. AN ACT to relieve certain soldiers from the charge of desertion. Act 5 July, 1884. Be it enacted by the Senate and Rouse of Representatives of~ the United /States of America in Congress assembled. That the ^Jj charge of desertion now standing on the rolls and rec- ijef of ; ords in the office of the Adjutant General of the United States against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secre- tary of War, from such rolls and records, or from other satisfactory testimony, that any such soldier served faith- iully until the expiration of his term of enlistment, or until the first day of May, anno Domini eighteen hundred and sixty-five, having previously served six months or more, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mus- tered out and to receive an honorable discharge : Provided, Proviso. That no soldier shall be relieved under this section who, not being sick or wounded, left his command without proper authority whilst the same was in the presence of the enemy. SEC. 2. That the Secretary of War is hereby authorized Terms and proof upon which to remove the charge of desertion from the records of any relief may be granted. soldier in the late war upon proper application therefor and satisfactory proof in the following cases : First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, volun- tarily returned to his command and served faithfully to the end of his term of service. Second. That such soldier absented himself without proper authority from hospital, or from furlough given from hos- pital, while suffering from wounds, injuries, or disease re- ceived or contracted in the service in the line of duty, and, on recovery, voluntarily returned to his command and served faithfully until discharged, or died from such wounds, in- jury, or disease while^so absent and before the date of the muster out of his command. Third. That such soldier absented himself without proper 40 LAWS RELATING TO ARMY AND NAVY PENSIONS. authority from furlough given by proper authority, and while so absent died from wounds, injury, or disease re- ceived or contracted in the service in the line of duty be- fore the muster out of his command. diSharge ate of SEC - 3< That iu a11 cases where the charge of desertion shall be removed under the provisions of this Act from the record of auy soldier who has not received a certificate of discharge, it shall be the duty of the Adjutant-General of the United States to issue to such soldier, or, in case of his death, to his heirs or legal representatives, a certificate of discharge. ount y and ^ EC " ^' ^at wnen the charge of desertion shall be re- moved under the provisions of this Act from the record of any soldier, such soldier, or, in case of his death, the heirs or legal representatives of such soldier, shall receive the Proviso. pay and bounty due to such soldier: Provided, however, That this act shall not be so construed as to give to any such soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay bounty or al- lowance for any period of time during which such soldier was absent from his command without proper authority, nor shall it be so construed as to give any pay, bounty, or allowance to any soldier, his heirs or legal representatives, who served in the Army a peripd of less than six months. Applications SEC. 5. That all applications for relief under this Act for relief to be Hied. etc. shall be made to and filed with the Secretary of War within the period of five years from and after its passage, and all applications not so made and filed within said term of five years shall be forever barred and shall not be received or considered. SEC. 6. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, July 5, 1884. Act 17 May, AN ACT to remove the charge of desertion from the rolls and records - in the Office of the Adjutant-General of the Army against certain soldiers. n 8 ! 6 ^T-^cte Be it enacted by the Senate and House of Representatives of nited States of America in Congress assembled, That the charge of desertion now standing on the rolls and records in the Office of the Adjutant- General of the Army against any soldier who served in the late war of the rebellion, by reason of his having enlisted in any regiment, troop, or company without having first received a discharge from the regiment, troop, or company in which he had previously LAWS RELATING TO ARMY AND NAVY PENSIONS. jerved, shall be removed in all cases wherein it shall be lade to appear to the satisfaction of the Secretary of War, om such rolls and records or from other satisfactory testi- liony, that such re-enlistment was not made for the purpose f securing bounty or other gratuity that he would not have een entitled to had he remained under his original term f enlistment: Provided, That no soldier shall be relieved nder this Act who, not being sick or wounded, left his com- Land, without proper authority, while the same was in the resell ce of the enemy, or who, at the time of leaving his pminand, was in arrest or under charges, or in whose ase the period of absence from the service exceeded three honths. SEC. 2. That in all cases where the charge of desertion Itiall be removed under the provisions of this Act, the Ldjutant General of the Army shall issue to such soldier, [r, in case of his death, to his heirs or legal representatives, certificate of discharge from the regiment, troop, or com- |any in which he first served. SEC. 3. That all applications for relief under this Act | jail be made to and filed with the Secretary of War within period of five years from and after its passage, and all Implications not so made and filed within such period of five ears shall not be received or considered; and all acts and arts of acts inconsistent with the provisions of this Act |re hereby repealed. Approved, May 17, 1886. 41 |N ACT for the relief of certain volunteer and regular soldiers of the Act 2 Mar - late \v;ir and the war with Mexico. Be it enacted by the Senate and Rouse of Representatives of \ie United States of America in Congress assembled, That the targe of desertion now standing on the rolls and rec- Desertion. ds in the office of the Adjutant-General of the United Itates Army against any soldier who served in the late jar in the volunteer service shall be removed in all cases here it shall be made to appear to the satisfaction of the jecietary of War, from such rolls and records, or from :her satisfactory testimony, that such soldier served faith- hlly until the expiration of his term of enlistment, or until he first day of May, anno Domini eighteen hundred and jixty-five, having previously served six months or more, id, by reason of absence from his command at the time lie same was mustered out, failed to be mustered out and I) receive an honorable discharge, or that such soldier 42 LAWS RELATING TO ARMY AND NAVY PENSIONS. absented himself from his command, or from hospital while suffering from wounds, injuries, or disease received or con- tracted in the line of duty, and was prevented from com- pleting his term of enlistment by reason of such wounds, injuries, or disease. SEC. 2. That the Secretary of War is hereby authorized to remove the charge of desertion from the record of any regular or volunteer soldier in the late war upon proper application therefor, and satisfactory proof in the following cases : First. That such soldier, after such charge of desertion was made, and within a reasonable time thereafter, volun- tarily returned to his command and served faithfully to the end of his term of service, or until discharged. Second. That such soldier absented himself from his com- mand or from hospital while suffering from wounds, inju- ries, or disease, received or contracted in the line of duty, and upon recovery voluntarily returned to his command and served faithfully thereafter, or died from such wounds, injuries, or disease while so absent, and before the date of muster out of his command, or expiration of his term of service, or was prevented from so returning by reason of such wounds, injuries or diseases before such muster out, or expiration of service. bounty e ?k5 i0 aY- Tllir( l- Tnafc suc h soldier was a minor, and was enlisted lowed. without the consent of his parent or guardian, and w released or discharged from such service by the order or decree of any court of competent jurisdiction on habeas corpus or other proper judicial proceedings; and in any such case no pay, allowance, bounty, or pension, shall be allowed or granted, charge of de- SEC). 3. That the charge of desertion now standing on the onisoi Adjutant rolls and records in the office of the Adjutant-General of the Army against any regular or volunteer soldier who served in the late war of the rebellion by reason of his having enlisted in any regiment, troop, or company, or in 1 the United States Navy or Marine Corps, without having' first received a discharge from the regiment, troop, or com- pany in which he had previously served, shall be removed in all cases wherein it shall be made to appear to the satis-' faction of the Secretary of War, from such rolls and rec- ords, or from other satisfactory testimony, that such re-' enlistment was not made for the purpose of securing bounty or other gratuity that he would not have been entitled to, had he remained under his original terni of enlistment; that the absence from the service did not exceed four months, and that such soldier served f:iithfully under his re enlistment/ LAWS RELATING TO ARMY AND NAVY PENSIONS. 43 SEC. 4. That whenever it shall appear from the 3cords in the office of the Adjutant-General, United States tent-General' , that any regular or volunteer soldier of the late war -as formally restored to duty from desertion by the Oom- lander competent to order his trial for the offense, or, hav- l|ig deserted and being charged with desertion, was, on J3tnrn to the service, suffered, without such formalrestora- [ I on, to resume his place in the ranks of his command, serv- )|ig faithfully thereafter until the expiration of his term, lich soldier shall not be deemed to rest under any disabil- ity, because of such desertion, in the prosecution of any Jlaim for pension on account of disease contracted or wounds Jr injuries received in the line of his duty as a soldier. I SEC. 5. That when the charge of desertion shall be re- lioved under the provisions of this Act from the record of Jay soldier, such soldier, or, in case of his death, the heirs Jr legal representatives of such soldier, shall receive the llay and bounty due to such soldier: Provided, however, 1 1 hat this Act shall not be so construed as to give to any llich soldier, or, in case of his death, to the heirs or legal representatives of any such soldier, any pay, bounty, or Allowance for any time during which such soldier was absent J'om his command without proper authority, nor shall it be I) construed as to give any pay, bounty, or allowance to Jay soldier, his heirs or legal representatives, who served i|i the Army a period of less than six months. I SEC. 6. That the Secretary of War be, and he hereby is luthorized and directed to amend the military record of flny soldier who enlisted for the war with Mexico, upon Jlroper application, where the rolls and records of the Ad- litant-General's office show the charge of desertion against Jliin, when such rolls and records show the facts set out ill the following cases: il First. That said soldier served faithfully the full term of slis enlistment, or having served faithfully for six months ilr more, and until the fourth day of July anno Domini Jiighteeu hundred and forty eight, left his command with- Hlut having received a discharge. il Second. That such soldier, after said charge of desertion was entered on the rolls, voluntarily returned to his com- Jiand within a reasonable time, and served faithfully until discharged. ft! SEC. 7. That the provisions of this Act shall not be so Construed as to relieve any soldier from the charge of de- llertion who left his command from disaffection or disloy- illty to the Government, or to evade the dangers and hard- klhips of the service, or whilst in the presence of the enemy 44 LAWS RELATING TO ARMY AND NAVY PENSIONS. (not being sick or wounded), or while in arrest or under charges for breach of military duty, or in case of a soldier of the Mexican war, who did not actually reach the seat of war. SEC. 8. That when such charge of desertion is removed under the provisions of this Act, the soldier shall be re- stored to a status of honorable service, his military record shall be corrected as the facts may require, and an honor- able discharge shall be issued in those cases where the soldier has received none j and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said soldier, his widow or other legal heir shall be enti- iled to the same rights as in case of other deceased honor- ably discharged soldiers : Provided, That this Act shall not be construed to give to any soldier, or his legal representa- tives or heir, any pay or allowance for any period of time he was absent without leave, and not in the performance of military duty. _ Limitation fr SEC. 9. That all applications for relief under this Act Hon. ' a shall be made to and filed with the Secretary of War within the period of three years from and after July first, eighteen hundred and eighty nine, and all applications not so made and filed within said term of three years shall be forever barred, and shall not be received or considered. SEC. 10. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, March 2, 1889. Act 2 Mar., AN ACT to amend an Act entitled "An Act for the relief of certain vol- 391 unteer aiid regular soldiers of the late war and the war with Mex- ico," approved March two, eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sub- division three of section two of the above entitled Act be, and the same is amended so as to read as follows: tit5 n To bounty" " Third. That such soldier was a minor, and was enlisted pay- without the consent of his parent or guardian, and was re- leased or discharged from such service by the order or de- cree of any State or United States court on habeas corpus or other judicial proceedings, and in such case such soldier shall not be entitled to any bounty or allowance, or pay for any time such soldier was not in the performance of mili- tary duty." Approved, March 2, 1891. LAWS RELATING TO ARMY AND NAVY PENSIONS. 45 .N ACT to amend section nine of the Act for the relief of certain vol- Act 27 July, unteer and regular soldiers of the late war and the war with Mexico, _ passed March second, eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representatives of Desertion. J Amending Sec. he United States of A merica in Congress assembled, That sec- ^ 8 Act 2 Slar - ion nine of the Act for the relief of certain volunteer and rgular soldiers of the late war and the war with Mexico, assed March second, anno Domini eighteen hundred and ighty-nine, be, and the same is hereby, so amended as to xtend the time for the limitation of the operation of said ^Limitation ect ion for the period of two years from the first of July, tion ighteen hundred and ninety-two. Approved, July 27, 1892. .N ACT to further amend section nine of the Act for the relief of cer- Act 2 Mar. 1 QQC tain volunteer and regular soldiers of the late war and the war with 1- . Mexico, passed March second, eighteen hundred and eighty-nine. Be it enacted by the Senate and House of Representatives of he United States of America in Congress assembled, That sec- ion nine of the Act for the relief of certain volunteer and egular soldiers of the late war and the war with Mexico, pproved March second, eighteen hundred and eighty-nine, e, and the same is hereby, so amended as to remove the m ^imn to re- imitation of time within which applications for relief may tion proceedings >e received an d acted upon under th e provisions of said Act. Approved, March 2, 1895. SEC. 4771 } SEC. 4772 f Repealed by section 3, Act of June 21, 1879. SEC. 4773 ) The following is a part of said section which was enacted as portion of "An Act making appropriations for the legislative, xecutive and judicial expenses of the Government for the fiscal ear ending June thirtieth, eighteen hundred and eighty, and or other purposes," approved June 21, 1879: ******* SEC. 3. That sections forty-seven hundred and seventy- Act 21 June, ue, forty-seven hundred and seventy-two, and forty-seven sees. 4771, 4772, undred and seventy-three of the Revised Statutes of the 4773> repealed> Jnited States, providing for biennial examinations of peii- ioiiers, are hereby repealed: Provided, That the Commis- TO increase or ioner of Pensions shall have the same power as heretofore re o order special examinations, whenever, in his judgment, 46 LAWS RELATING TO ARMY AND NAVY PENSIONS. the same may be necessary, and to increase or reduce the| pension according to right and justice; but in no case shall a pension be withdrawn or reduced except upon notice to the pensioner and a hearing upon sworn testimony, except as to the certificate of the examining surgeon. * * sm - ( ' 01|S rc - 5 - 3 .inly. 1882. July, 1864.' SEC * 4777> Tne Commissioner of Pensions is empowered _ to appoint, at his discretion, civil surgeons to make the pe- V; riodical examinations of pensioners which are or may be re- 14. ^ quired by law, and to examine applicants for pension, where he deems an examination by a surgeon appointed by him necessary ; and the fee for such examinations, and the requi- site certificates thereof, in duplicate, including postage on such as are transmitted to pension-agents, shall be two dol- lars, which shall be paid by the agent for paying pensions in the 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. (See appropriation bill for the payment of invalid and other pensions , June 30, 1890, p. 88.) Act 3 June, AN ACT to provide for the muster and pay of certain officers and 1884. enlisted men of the volunteer forces. Be it enacted by the Senate and House of Representatives oj 16 stat., L. 385. the United States of America in Congress assembled, That the | joint resolution approved July eleventh, eighteen hundred! and seventy, entitled u Joint resolution amendatory of joint | resolution for the relief of certain officers of the Army," ap- proved July twenty-sixth, eighteen hundred and sixty-six, officers to b e is hereby so amended and shall be so construed that in all '"^annJd cases arising under the same any person who was duly aj [ e pointed and commissioned, whether his commission wa ing et comin?s C 8ion actually received by him or not, shall be considered as com- missioned to the grade therein named from the date when his commission was actually issued by competent authority, and shall be entitled to all pay and emoluments as if actu- ally mustered at such date: Provided, That at the date of I his commission he was actually performing the duties of) the grade to which he was so commissioned, or, if not so per- forming such duties, then from such time after the date of | his commission as he may have actually entered upon such duties: And provided further, That any person held as a I or not. Proviso. LAWS RELATING TO ARMY AND NAVY PENSIONS. 47 risoner of war, or who may have been absent by reason of w r0n ounds or in hospital by reason of disability received in the irvice in the line of duty, at the date of his commission, i ^ ^ vacancy existed for him in the grade to which so coinmis- etc. oned, shall be entitled to the same pay and emoluments if actually performing the duties of the grade to which e was commissioned and actually mustered at such date: .nd provided further, That this Act and the resolution here- p f y amended shall be construed to apply only in those cases Jj r here the commission bears date prior to June twentieth. 20 June, 1863, etc. ghteen hundred and sixty-three, or after that date when leir commands were not below the minimum number re- uired by existing laws and regulations : And provided fur- Proviso. , That the pay and allowances actually received shall e deducted from the sums to be paid under this Act. SEC. 2. That the heirs or legal representatives of any ^Heir^tc^to fficer whose muster into the service has been or shall be P & y and pension. mended hereby shall be entitled to receive the arrears of ay due such officer, and the pension, if any, authorized by iw, for the grade into which such officer is mustered under e provisions of this Act. SEC. 3. That all claims arising under this Act shall be claims barred resented to and filed in the proper Department within three ears from and after the passage hereof, and all such claims ot so presented and filed within said three years shall be >rever barred, and no allowance ever made thereon. SEC. 4. That the pay and allowances of a rank or grade Pay, etc., not to .,., . , be recovered by aid to and received by any military or naval officer in good reason of defect - in title, etc., of nth for services actually performed by such officer in such appointment. auk or grade during the war of the rebellion shall not be harged to or recovered back from such officer because of ny defect in the title of such officer to the office, rank, or rade in which such services were so actually performed. Approved, June 3, 1884. N ACT to amend an Act entitled "An Act to provide for the muster ig Act 3 Feb., and pay of certain officers and enlisted men of the volunteer force/' '. approved June three, eighteen hundred and eighty-four. Be it enacted by the Senate and House of Representatives of le United States of America in Congress assembled. That sec- pate of com- ion one of "An Act to provide for the muster and pay of tain volunteer ertain officers and enlisted men of the volunteer forces," pproved June third, eighteen hundred and eighty four, be, nd is hereby, amended so as to read as follows : "That the joint resolution approved July eleventh, V O L 23, p. 34. ighteen hundred and seventy, entitled 'Joint resolution VOL 14,' '!. 48 LAWS RELATING TO ARMY AND NAVY PENSIONS. amendatory of joint resolution for the relief of certain officers of the Army,' approved July twenty-six, eighteen hundred and sixty-six, is hereby so amended and shall be so construed that in all cases arising under the same any person who was duly appointed and commissioned, whethe his commission was actually received by him or not, shall be considered as commissioned to the grade therein namec from the date from which he was to take rank under am TO receive pay, by the terms of his said commission, and shall be eutitlec etc., from date of commission. to all pay and emoluments as if actually mustered at that Provisos. date : Provided, That at the date from which he was to take isted va or n duti?8 r an k ^ the terms of his commission there was a vacancy were' performed, to which he could be so commissioned and that he was actually performing the duties of the grade to which he was so commissioned, or, if not so performing such duties, then from such time after the date of his commission as he may have actually entered upon such duties: And providec Prisoners of further. That any person held as a prisoner of war, or who war or disabled , , , . , officers. may have been absent by reason of wounds or in hospita by reason of disabilities received in the service in the line of duty, at the date of his commission, if a vacancy existed for him in the grade to which so commissioned, shall be entitled to the same pay and emoluments as if actually performing the duties of the grade to which he was com missioned and actually mustered at such date : And pro Application, vided further, That this Act and the resolution hereby amended shall be construed to apply only in those cases where the commission bears date prior to June twenty, eighteen hundred and sixty-three, or after that date when their commands were not below the minimum numbe required by existing laws and regulations: And provided to P b/aelucte A f ur ^ er i That the pay and allowances actually receivec shall be deducted from the sums to be paid under this Act. Approved, February 3, 1887. Act 1 Mar., AN ACT relating to soldiers while in the civil service of the United _ States. Mar 6 lie? ' sec 5 ^ e *'* enacte ^ % the Senate and House of Representatives oj 6.Tune,i866 ; sec. the United States of America in Congress assembled, That a persons who, under and by virtue of the first section of th Act entitled "An Act supplementary to the several Acts re lating to pensions," approved March third, eighteen Inn dred and sixty- five, were deprived of their pensions durin any portion of the time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hun LAWS RELATING TO ARMY AND NAVY PENSIONS. 49 Ired and sixty- six, by reason of their being in the civil .ervice of the United States, shall be paid their said pen. ions, withheld by virtue of said section of the Act afore, aid, for and during the said period of time from the third f March, eighteen hundred and sixty-five, to the sixth of r une, eighteen hundred and sixty-six. Approved, March 1, 1879. .N ACT to amend an Act entitled "An Act amending the pension law Act l Aug., so as to remove the disability of those who, having participated in _ ! _ the rebellion, have since its termination enlisted in the Army of the United States, and become disabled," approved March third, eight- een hundred and seventy-seven. Be it enacted by the Senate and House of Representatives of he United States of America in Congress assembled, That he Act entitled "An Act amending the pension law so as to they had engaged in rebellion. emove the disability of those who, having participated in tie rebellion, have since its termination enlisted in the Lrmy of the United States, and become disabled," ap- roved March third, eighteen hundred and seventy- seven, e, and the same is hereby, amended so as to read as fol- )ws : "That the law prohibiting the payment of any money i^LameJaSi' n account of pensions to any person, or to the widow, Sec - 4716 > R - s - trildren, or heirs of any deceased person who, in any man- er, engaged in or aided or abetted the late rebellion gainst the authority of the United States, shall not be onstrued to apply to such persons as afterward volun- arily enlisted in either the Navy or Army of the United tates, and who, while in such service, incurred disability ?om a wound or injury received or disease contracted in e line of duty." Approved, August 1, 1892. Act March 3, 1893 (27 Stat. L., 607). STATE OR TERRITORIAL HOMES: For continuing aid to tate or Territorial homes for the support of disabled vol- Homes, nteer soldiers in conformity with the Act approved August p- 450.' 50 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act Feb. 24, AN ACT to Brovide for the relief of certain officers and enlisted ! men of the volunteer forces. Be it enacted by the Senate and Rouse of Representatives of the United States of America in Congress assembled, That any person who was duly appointed or commissioned to be volunteers, an officer of the volunteer service during the war of the rebellion, and who was subject to the mustering regulations at the time applied to members of the volunteer service shall be held and considered to have been mustered into the service of the United States in the grade named in his appointment or commission from the date from which he was * ^ a ^ e ran ^ un der and by the terms of his said ap- pointmeut or commission, whether the same was actually Pay, etc. received by him or not, and shall be entitled to pay, emol- uments, and pension as if actually mustered at that date: To V date from P r( >vided, That at the date from which he was to take rank actual perform- by the terms of his said appointment or commission there ance of duties, J etc. was a vacancy to which he could be so appointed or com- missioned, and his command had either been recruited to the minimum number required by law and the regulations of the War Department, or had been assigned to duty in the field, and that he was actually performing the duties of the grade to which he was so appointed or commissioned ; or if not so performing such duties, then he shall be held and considered to have been mustered into service and to be entitled to the benefits of such muster from such time after the date of rank given in his commission as he may have actually entered upon' such duties: Provided further, war r ordirabied f ^ ua ^ an y Person held as a prisoner of war, or who may have been absent by reason of wounds, or in hospital by reason of disability received in the service in the line of duty, at the date of issue of his appointment or commis- sion, if a vacancy existed for him in the grade to which so appointed or commissioned, shall be entitled to all the ben- efits to which he would have been entitled under this Act if he had been actually performing the duties of the grade to which he was appointed or commissioned at said date: Limitation. Provided further, That this Act shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixty three, or after that date when the commands of the persons ap- pointed or commissioned were not below the minimum number required by then existing laws and regulations: of And provided further, That the pay and allowances actually received for the period covered by the recognition extended under this Act shall be deducted from the sums otherwise to be paid thereunder. Allowance heirs - to No deduotiong e8 1>er ' LAWS RELATING TO ARMY AND NAVY PENSIONS. 51 SEC. 2. That the heirs or legal representatives of any erson whose muster into service shall be recognized and stablished under the terms of this Act shall be entitled to eceive the arrears of pay and emoluments due, and the ension, if any, authorized by law, for the grade to which Bcognitioii shall be so extended. SEC. 3. That the pay and allowances of any rank or rade paid to and received by any military or naval officer i good faith for services actually performed by such officer i such rank or grade during the war of the rebellion, other ban as directed in the fourth proviso of the first section f this Act, shall not be charged to or recovered back from uch officer because of any defect in the title of such officer the office, rank, or grade in which such services were so ctually performed. SEC. 4. That ail acts and parts of acts inconsistent with Repea i. e tc. tie provisions of this Act be, and the same are hereby, epealed. Approved, February 24, 1897. LAWS GRANTING PENSIONS TO WIDOWS AND MINOR CHILDREN SEC. 4702. Who are entitled. SEC. 4703. Increase to widows, aud as to minors. Act 7 August, 1882. Widows and minors, -when entitled ; as to marriage; as to adul- terous cohabitation. Act 7 June, 1888. Commencement of widow's pension; oaths by United States officers. Act which became law without the approval of the President, February 19, 1887. Marriage ceremony in Territories, evidence of. Act 19 March, 1886. Increase of pensions of wid- ows and dependent relatives, amend- ment to sees. 4703 and 4707. SEC. 4704. Legitimacy of children. SEC. 4705. Marriage, "Indian" and "colored;" legitimacy of children. SEC. 4708. Remarriage of widow, .l.-prndcj mother, or dependent sister. SEC. 4735. Time for which widow shall not recen pension. Act 13 May, 1896. Marriage, District of Colum- bia. Act 25 May, 1896. Territorial divorce. SEC. 4725.1 SEC. 4726.VHalf pay to widows and children. SEC. 4727.) Act 27 June, 1890. Provisions for widow an minor children when death of soldiv not due to service. SEC. 1656. (Obsolete.) Provision for widows, etc. of those who died in the service. Widows and minors, when en- titled. Sec 8, 3 Mar., 1873; Sec. 2, 14 July. 1862; Sec. 11, 14 July, 1862; Sec. 4, 3 Mar., 1865. See act 7 June, Increased pen- sions to widows, etc. Sec. 9, 3 Mar., 1873; Sec. 2, 25 July, 1866; Sec. 4, 27 July, 1868. 52 SEC. 4702. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six hundred and ninety- three has died since the fourth day of March, eighteen hundred and sixty-one, or hereafter dies by reason of any wound, injury, or disease, which, under the conditions and limitations of such sections, would have en titled him to an invalid pension had he been disabled, hu widow, or if there be no widow, or in case of her death, without payment to her of any part of the pension herein after mentioned, 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 commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and, if the widow re- marry, the child or children shall be entitled from the date of remarriage. SEC. 4703. The pensions of widows shall be increased from and after the twenty-fifth day of July, eighteen him dred and sixty-six, at the rate of two dollars per month foi eaeli Hiild under the age of sixteen years of the husband on account of whose death the claim has been, or shall be. granted. And in every case in which the deceased husband LAWS RELATING TO ARMY AND NAVY PENSIONS. 53 as left, or shall leave, no widow, or where his widow has led or married again, or where she has been deprived of er pension under the provisions of the pension-law, the ension granted to such child or children shall be increased ) the same amount per month that would be allowed under foregoing provisions to the widow, if living and entitled ) a pension : Provided, That the additional pension herein ranted to the widow on account of the child or children of husband by a former wife shall be paid to her only for ich period of her widowhood as she has been, or shall be, aarged with the maintenance of such child or children $ for ay period during which she has not been, or she shall not e, so charged, it shall be granted and paid to the guardian F such child or children : Provided, further, That a widow | ec - 5 - 27 Jul y : guardian to whom increase of pension has been, or shall ereafter be, granted on account of minor children shall ^t be deprived thereof by reason of their being maintained whole or in part at the expense of a State or the public any educational institution, or in any institution organ- ed for the care of soldiers' orphans. The above sections amended by the following Acts, ap~ roved August 7, 1882; June 7, 1888; February 19, 1887 ; n,d March 19, 1886. N" ACT to amend section forty -seven hundred and two, title fifty-seven, Act 7 Aug., Revised Statutes of the United States, and for other purposes. 1882> Be it enacted by the Senate and House of Representatives of >e United States of America in Congress assembled, That action forty-seven hundred and two, title fifty-seven of the evised Statutes of the United States is hereby amended as to read as follows : "SBC. 4702. If any person embraced within the pro- widows and minors, when en- isions of sections forty six hundred and ninety-two rty-six hundred and ninety-three, has died since the fourth ly of March, eighteen hundred and sixty-one, or here- ? ter dies, by reason of any wound, injury, or disease which nder the conditions and limitations of such sections would ave entitled him to an invalid pension had he been dis- 3led, his widow, or if there be no widow, or in the case of ?r death without payment to her of any part of the pension ereinafter mentioned, his child, or children under sixteen 3ars of age, shall be entitled to receive the same pension the husband or father would have been entitled to had been totally disabled, to commence from the death of ie husband or father, to continue to the widow during her 54 LAWS RELATING TO ARMY AND NAVY PENSIONS. widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and if the widow remarry, the child or children shall be entitled from the date of re-marriage, except when such widow has con- tinued to draw the pension money after her re-marriage, in contravention of law, and such child or children have re sided with and been supported by her, their pension wil commence at the date to which the widow was last paid." Marriages. SEC. 2. That marriages, except such as are mentioned in section forty-seven hundred and five of the Ee vised Statutes shall be proven in pension cases to be legal marriages accord- ing to the law of the place where the parties resided at the time of marriage or at the time when the right to pension ac Adulterous co- crue( j. an( j ^ e O pen and notorious adulterous cohabitation habitation. ' of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation. Approved, August 7, 1882. The following provisions were enacted as a portion of the Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, approver June 7, 1888 : ******* 7 June. 1888. * That all pensions which have been, or which may here Commence - a fter be, granted under the general laws regulating pen ment of widow's pension. sions to widows in consequence of death occurring from a .cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, shall commence from the date of death of the husband: And provided fur OathsbyUnited thcr. That all United States officers now authorized to ad- states officers. - minister oaths are hereby required and directed to adminis- ter any and all oaths required to be made by pensioners ' and their witnesses, in the execution of their vouchers fof their pensions free of charge. AN ACT to amend an Act entitled An Act to amend section fifty-three hundred and fifty-two, of the Revised Statutes of the United State% and so forth. ******* Marriage cere- SEC. 9.* That every ceremony of marriage, or in the Territories. * nature of a marriage ceremony, of any kind, in any of th Territories of the United States, whether either or both .01 more of the parties to such ceremony be lawfully competenl * Modifying Act approved March 3, 1879, Sec. 2, proviso. See p. 34. LAWS RELATING TO ARMY AND NAVY PENSIONS. 55 be the subjects of such marriage or ceremony or not, hall be certified by a certificate stating the fact and nature Certificates. f such ceremony, the fall names of each of the parties oncerned, and the full name of every officer, priest, and erson, by whatever style or designation called or known, i any way taking part in the performance of such cere- lony, which certificate shall be drawn up and signed by le parties to such ceremony, and by every officer, priest, nd person taking part in the performance of such cere- lony, and shall be by the officer, priest, or other person 3lemnizing such marriage or ceremony filed in the office of ;ie probate court, or, if there be none, in the office of the aurt having probate powers in the county or district in hich such ceremony shall take place, for record, and shall e immediately recorded, and be at all times subject to spection as other public records. Such certificate, or the 3cord thereof, or a duly certified copy of such record, hall be prim a facie evidence of the facts required by this TO be . . ,. . ., J , . facie evidence. ct to be stated therein, in any proceeding, civil or crimi- al, in which the matter shall be drawn in question. Any rson who shall willfully violate any of the provisions of lis section shall be deemed guilty of a misdemeanor, and all, on conviction thereof, be punished by a fine of ^fc ore than one thousand dollars, or by imprisonment not nger than two years, or by both said punishments, in the iscretiou of the court. SEC. 10. That nothing in this Act shall be held to prevent J^T e proof * ie proof of marriages, whether lawful or unlawful, by any idence now legally admissible for that purpose. (Received by the President February 19, 1887, not having en returned to Congress within the time prescribed by ie Constitution, became a law without his approval.) N ACT to increase the pensions of widows and dependent relatives Act 19 M r -. of deceased soldiers and sailors. Be it enacted by the Senate and House of Representatives of In the nature .._... of an amendment ie United States of America in Congress assembled. That from to seca. 4703 (p. nd after the passage of this Act the rate of pension ft>r),B.a idows, minor children, and dependent relatives now on the increase pen- ension-roll, or hereafter to be placed on the pension-roll, and dependent nd entitled to receive a less rate than hereinafter provided, re lall be twelve dollars per month ; and nothing herein shall e construed to affect the existing allowance of two dollars *er month for each child und-r the age of sixteen years: 56 LAWS RELATING TO ARMY AMD NAVY PENSIONS. Provided, That this Act shall apply only to widows who were married to the deceased soldier or sailor prior tg its passage ami to those who may hereafter marry prior to or during the service of the soldier or sailor. And all acts or parts oJ acts inconsistent with the provisions of this Act are hereby repealed. SEC. 2. That no claim agent or attorney shall be recog- nized in the adjudication of claims under this Act, nor shall any such person be entitled to receive any compensation whatever for services or pretended services in making appli- cations thereunder. Approved, March 19, 1886. Legitimacy of SEC. 4704. In the administration of the pension laws, - children born before the marriage of their parents, if ac- Sftr 10 '-$ TVTflr 1873. ' '' knowledged by the father before or after the marriage, shall be deemed legitimate. widows of coi- SEC. 4705. The widows of colored and Indian soldiers and oral and Indian ., ,. _ soldiers entitled; sailor s who have died, or shall hereafter die. by reason ol evidence of mar- , . . . , . , , . riage; legitimacy wounds or injuries received, or casualty received, or disease i^i^i_ contracted, in the military or naval service of the United Sec II 3 Mar 1873;' sec. 14, 14 States, and in the line of duty, shall be en titled .to receive 14" V jifne, 5 186?;' the pension provided by law without other evidence of mar- 1866. ' L me> riage than satisfactory proof that the parties were joined * n Carriage by some ceremony deemed by them obligatory, 187 3- or habitually recognized each other as man and wife, aiicl were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier sailor died in the service, or, if otherwise, to date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or Sec. 11, 3 Mar., sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three. Remarriage. SEC. 4708. The remarriage of any widow, dependent sec. 14, 3 Mar., mother, or dependent sister, entitled to pension, shall not 1873; Sees. 2 and 3. 14 July, 1862; bar her right to such pension to the date of her remarriage, i&o4; sec. 6, u ?5 whether an application therefor was filed before or after July, 1866; Sec. . . - 10, 27 July, 1868. such marriage; but on the remarriage of any widow, de- pendent mother, or dependent sister, having a pension, such pension shall cease. SEC. 4735. No pension shall be granted to a widow foi a pension, the same time that her husband received one. A,t 30 Apr., 1844. (See resolution 23 Jan., 1845.) LAWS RELATING TO ARMY AND NAVY PENSIONS. 57 AN ACT to regulate marriages iu the District of Columbia. Act 13 May, ******* SEC. 4. That no marriage heretofore solemnized shall be ri age 8 V vai, ? d. mar " eemed or adjudged to be invalid, nor shall the validity hereof be in any way affected , on account of any want of uthority in any person solemnizing the same, if consum- uited with a full belief on the part of the persons so mar- ied, or either of them, that they were lawfully joined in ferriage. ******* Approved, May 13, 1896. ACT making one year's residence in a Territory a prerequisite to Act 25 May, obtaining a divorce there. Be it enacted by the Senate and House of Representatives of Territories. he United States of America in Congress assembled, That no de J J e ea ed j ivorce shall be granted in any Territory for any cause divorce proceed- mless the party applying for the divorce shall have resided in continuously in the Territory for one year next preceding he application: Provided, That this Act shall not affect uy action duly commenced and pending at the date of thetions. assage thereof. Approved, May 25, 1896. SEC. 4725. All those surviving widows and minor children jd alf P d y hn tf ho have been allowed five years' half pay, under the pro- dre - 'isions of any general laws passed prior to the third day of lg |e c - 1. 3 June, une, eighteen hundred and fifty-eight, are granted a con- inuauce of such half-pay, to commence from thedateof the ast payment under the respective Acts of Congress, grant- ng the same, and the terms and limitations provided in the olio wing section. SEC. 4726. Such half-pay is gran ted to such widows during Half pay to f & & widows and chil- ife, and, where there is no widow, to the children, while dren. _ inder the age of sixteen years; but in case of the remar- sec. i, 3 June, iage or death of any such widow, the half-pay shall go to he children of the decedent on account of whose services it s claimed, while such children are under sixteen years of tge, and no longer. SEC. 4727. The half-pay of such widows and children sh all >e half the monthly pay of the officers, non-commissioned dren ifficers, musicians, and privates of the infantry of the Regu- lg | 8 ec - *> 3 June ' ar Army, and no more, and no greater sum shall be allowed 58 LAWS RELATING TO ARMY AND NAVY PENSIONS. to any such widow or minor children than the half-pay of a lieutenant-colonel. But the two preceding sections shall not be construed to apply to or embrace the case of any person receiving a pension for life on the third day of June, eighteen hundred and fifty-eight 5 and, whenever half-pay has been granted by any special act of Congress, and re- newed or continued under the provisions of those sections, the same shall continue from the date above named : Pro- vided, That pensions under this and the two preceding sec- tions shall be varied in accordance with the provisions of section four thousand seven hundred and twelve of this Title. (See Act June 27, 1890, p. 61.) f f SBC< 1656 ' Wnen anv officer, non-commissioned officer, in ar ^ ncer ) or private of the militia or volunteer corps dies in Acts 19 Mar tlie service of> tue United States, or in returning to his place isae, c. 4 *' Q 8 ^ 5 ' i y- of residence after being mustered out of service, or at tiny 1812', s. 2 ; 16 Apr.,' time in consequence of wounds received in service, and 1816,8.1; 3 Mar., 1817,8.1; 4 July, leaves a widow, or if no widow, a child or children under 18S7 1 , s! i.' " sixteen 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, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in appli- cations under this section, as the President may prescribe. (It is evident from the marginal references in the Revised Statutes opposite the preceding section, as well as from the language of the next section (1657), that section 1656 was intended to be a reenact- ment of section 5, Act of March 19, 1836, in which Act, as shown in its sixth section, it was intended to provide only for those who served in the Florida Indian war of 1835-1842, and in which the benefits of prior laws were extended to those who so served. Section 1656 has always been regarded as being superfluous, as its provisions are fully covered by section 4732 of the Revised Statutes.) LAWS GRANTING PENSIONS TO DEPENDENT RELATIVES. 4707. Who an- entitled. Act 27 June, 1890. Provisions of, who are entitled to. SEC. 4707. If any person embraced within the provisions , Succession of dependent rela- sections forty-six hundred and ninety-two and forty-six tives - miidred and ninety-three has died since the fourth day of^f^'a^atei March, eighteen hundred and sixty-one, or shall hereafter 4, 14 July, i862 ; ,. ' ,, , . . ' ,, Sec. 12. 6 June. lie, by reason of any wound, injury, casualty, or disease, i806 ; sec. i, 27 which, under the conditions and limitations of such sections, y ' ivould have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has eft or shall leave other relative or relatives who were de- pendent upon him for support in whole or in part at the late of his death, such relative or relatives shall be entitled, u the following order of precedence, to receive the same tension as such person would have been entitled to had he n totally disabled, to commence from the death of such >ersou, namely: First, the mother; secondly, the father; ;hirdly, orphan brothers and sisters under sixteen years of ige, who shall be pensioned jointly : Provided, That where )rphan children of the same parent have different guardians, >r a portion of them only are under guardianship, the share >f the joint pension to which each ward shall be entitled ,hall be paid to the guardian of such ward : Provided, That fin any case said person shall have left father and mother vho are dependent upon him, then, on the death of the nother, the father shall become entitled to the pension, commencing from and after the death of the mother; and ipou the death of the mother and father, or upon the death >f the father and the remarriage of the mother, the dependent >rothers and sisters under sixteen years of age shall jointly )ecome entitled to such pension until they attain the age of sixteen years, respectively, commencing from the death or emarriage of the party who had the prior right to the pen- ion: Provided, That a mother shall be assumed to have >een dependent upon her son within the meaning of this ection if, at the date of his death, she had no other adequate aeans of support than the ordinary proceeds of her own 59 00 LAWS RELATING TO ARMY AND NAVY PENSIONS. manual labor and the contributions of said son or of any other persons not legally bound to aid in her support; and if, by actual contributions, or in any other way, the son had recognized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or a minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in esti- mating a father's means of independent support : Provided further, That the pension allowed to any person on account of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be neces- sary as a means of adequate subsistence. (See Acts approved March 19, 1886, p. 55; June 27, 1890, p. 61.) ACT JUNE 27, 1890. Let 27 June, 1890. Provisions of. Joint Resolution, 25 February, 1895. Missouri Militia, applying Act 27 June, 1890. |<.N ACT granting pensions to soldiers and sailors who are incapaei- Act 27 June, tatod for the performance of manual labor, and providing for pen- ! sions to widows, minor children, and dependent parents.* Be it enacted by the Senate and House of Representatives of \he United States of America in Congress assembled, That in ^ependentpar- |onsidering the pension claims of dependent parents, the ,'t of the soldier's death by reason of any wound, injury, I asualty, or disease which, under the conditions and limita. |ions of existing laws, would have entitled him to an ti valid pension, and the fact that the soldier left no widow Ir minor children having been shown as required by law, fc shall be necessary only to show by competent and suffi- ient evidence that such parent or parents are without ]ther present means of support than their own manual ibor or the contributions of others not legally bound for icir support: Provided, That all pensions allowed to ependent parents under this Act shall commence from ate of the filing of the application hereunder and shall [ontinue no longer than the existence of the dependence. SEC. 2. That all persons who served ninety days or . invalid, serv- J J ice ninety days. iore in the military or naval service of the United States juring the late war of the rebellion and who have been hon- ?ably discharged therefrom, and who are now or who may Honorable dis- |ereafter be suffering from a mental or physical disability a permanent character, not the result of their own vi- ious habits, which incapacitates them from the perform- ice of manual labor in such a degree as to render them table to earn a support, shall, upon making due proof of fact according to such rules and regulations as the Sec- tary of the Interior may provide, be placed upon the list invalid pensioners of the United States, and be entitled receive a pension not exceeding twelve dollars per month, id not less than six dollars per month, proportioned to degree of inability to earn a support ; and sucli pension For rules and regulations for applying hereunder, see p. 179. 61 62 LAWS RELATING TO ARMY AND NAVY PENSIONS. shall commence from the date of the filing of the applica- tion in the Pension Office, after the passage of this Act upon proof that the disability then existed, and shall con- tinue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves ent tied thereto, receive the benefits of this Act; and nothin herein contained shall be so construed as to prevent an pensioner thereunder from prosecuting his claim and re ceiving his pension under any other general or special Act Provided, however, That no person shall receive more tha one pension for the same period : And provided further That rank in the service shall not be considered in appl cations filed under this Act. widows and SEC. 3. That if any officer or enlisted man who servec ninety days or more in the Army or Navy of the Unitec States during the late war of the rebellion, and who wa honorably discharged has died, or shall hereafter die, leav ing a widow without other means of support than her dail labor, or minor children under the age of sixteen years such widow shall upon due proof of her husband's death without proving his death to be the result of his arm service, be placed on the pension-roll from the date of th application therefor under this Act, at the rate of eigh dollars per month during her widowhood, and shall also b paid two dollars per month for each child of such officer o enlisted man under sixteen years of age, and in case of th death or remarriage of the widow, leaving a child or chil dren of such officer or enlisted man under the age of sixtee years, such pension shall be paid such child or childre until the age of sixteen : Provided, That in case a mi no insane or per- child is insane, idiotic, or otherwise permanently helpless Ses^chiiJren. 6 p the pension shall continue during the life of said child, o during the period of such disability, and this proviso shal apply to all pensions heretofore granted or hereafter to lj granted under this or any former statute, and such peiv sions shall commence from the date of application ther for after the passage of this Act : And provided furthet That said widow shall have married said soldier prior t the passage of this Act. Attorney, fee of. g Ea 4. Thatno agent, attorney, or other person engage in preparing, presenting, or prosecuting any claim unde the provisions of this Act shall, directly or indirectly, COT tract for, demand, receive, or retain for such services i LAWS RELATING TO ARMY AND NAVY PENSIONS. 63 reparing, presenting, or prosecuting such claim a sum I greater than ten dollars, which sum shall be payable only jipon the order of the Commissioner of Pensions, by the )ension agent making payment of the pension allowed, and Iti) y person who shall violate any of the provisions of this Lection, or who shall wrongfully withhold from a pensioner wrongful i.\ . . , , f . , . withholding peu- r claimant the whole or any part of a pension or claim 8 ion from pen- Allowed or due such pensioner or claimant under this Act, 8 " hall be deemed guilty of a misdemeanor, and upon con- -ictiou thereof shall, for each and every such offence, be lined not exceeding five hundred dollars, or be imprisoned Fine and im- | hard labor not exceeding two years, or both, in the dis- i> ri80nment - Iretion of the court. Approved, June 27, 1890. The provisions of the above Act extended by the following \rint resolution: lOINT RESOLUTION to restore the status of the Missouri who served during the late war. Militia Joint resolu- tion 15 Feb., 1895. Resolved by the Senate and House of Representatives of the Act of June 21. r nited States of America in Congress assembled^ That the certaiu P Ksouri revisions of the Act of June twenty-seventh, eighteen hun- wTd o we and red and ninety, be, and are hereby, extended to include 3 Jie officers and privates of the Missouri State Militia and le Provisional Missouri Militia who served ninety days ariug the late war of the rebellion, and were honorably ischarged, and to the widows and minor children of such ons. The provisons of this Act shall include all such ns now on the pension rolls, or who may hereafter )ply to be admitted thereto. Approved, February 15, 1895. LAWS GRANTING PENSION TO ARMY NURSES FOR SERVICE IN THE LATE WAR OF THE REBELLION. Act 5 A ugust, 1892. Who are entitled. Acts Aug.. 1892. AN ACT granting pensions to :irmy nurses. to ^ e ** enac ^ ea % ^ ne Senate and House of Representatives oj the United States of America in Congress assembled. That al women employed by the Surgeon General of the Army a nurses, under contract or otherwise, during the late waro the rebellion, or who were employed as nurses during sue period by authority which is recognized by the War Depart ment, and who rendered actual service as nurses in attend ance upon the sick or wounded in any regimental, post camp, or general hospital of the armies of the United State Period of aerv- for a period of six months or more, and who were honora- bly relieved from such service, and who are now or ma; hereafter be unable to earn a support, shall, upon making due proof of the fact according to such rules and regula tions as the Secretary of the Interior may provide, be placed upon the list of pensioners of the United State Entitled to $12 and be entitled to receive a pension of twelve dollars pe month, and such pension shall commence from the date o the filing of the application in the Pension Office after th( passage of this Act : Provided, That no person shall receive more than one pension for the same period. e?8at e iontoa SEC< 2 ' That n( * fee ' compensation, or allowance shall b< torneys. paid to, received, or accepted by any agent, attorney, o other person instrumental in the prosecution of any claim for pension under this Act; and any person who may make any claim upon any applicant for any fee, compensation, 01 allowance shall be guilty of a misdemeanor, and upon con viction shall be fined not exceeding five hundred dollars, 01 imprisoned at hard labor not exceeding one year, or both. in the discretion of the court; and it shall be the duty ot the Interior and War Departments to render all proper aic to applicants under this Act. Approved, August 5, 1892. 64 AWS GRANTING PENSIONS FOR SERVICE IN THE REVOLUTION- ARY WAR, WAR OF 1812, AND VARIOUS INDIAN WARS. SEC. 4732. Widows and minor children, war of 1812 ; various Indian wars. ?EC. 4736. Certain soldiers and sailors, war of 1812. EC. 4737. Rate under section 4736. EC. 4738. Widows of officers, etc., war of 1812. EC. 4739. As to proof under 4736, 4737, and 4738. EC. 4740. Loss of discharge certificate. Act 9 March, 1878. Amending laws granting pen- sions to soldiers and sailors, war of 1812, and their widows. SEC. 4742. Claims for revolutionary pension, pay- ment prohibited. SEC. 4743. Evidence necessary to enable widows of revolutionary soldiers to obtain pension. SEC. 4732. The widows and children under sixteen years widow , 8 and , minor children of f age, of the officers, non-commissioned officers, musicians, persons engaged 7 in the war with ud privates of the regulars, militia, and volunteers of the Mexico and .n var of one thousand eight hundred and twelve, and the dian wars. arious Indian wars since one thousand seven hundred and sec. i, 4 July, inety, who remained at the date of their death in the mili- and '3, 2i 8 ' July,' dry service of the United States, or who received an hon- reb. ; , fl&^pro 2 - rable discharge and have died or shall hereafter die ofJvCjb ijury received or disease contracted in the service and in 3 June ' 1858- ae line of duty, shall be entitled to receive half the monthly ay to which the deceased was entitled at the time he re- eived the injury or contracted the disease which resulted his death. But no half-pay pension shall exceed the alf pay of a lieutenant-colonel, and such half-pay pension hall be varied after the twenty-fifth day of July, one thou- and eight hundred and sixty-six, in accordance with the revisions of section four thousand seven hundred and welve of this Title. SEC. 4736. The Secretary of the Interior is directed lace on the pension-roll the names of the surviving officers nd enlisted and drafted men, including militia and volun Sec 1 14Fe b sers, of the military and naval service of the United States, 18 I^ 9Mar 1878 ho served sixty days in the war with Great Britain, of jghteen hundred and twelve, and were honorably dis- harged, and such other officers and soldiers as may have >een personally named in any resolution of Congress for any pecific service in that war, although their term of service aay have been less than sixty days, subject, however, to he provisions of section forty-seven hundred and sixteen. 532302 - 5 ^ 66 LAWS RELATING TO ARMY AND NAVY PENSIONS. SECt 4737 ' Pensions > under the preceding section, shall be at the rate of eight dollars per month, and shall be paid i87i cc ' 2 ' 14 Feb '' * ^ e P ersous entitled thereto for the term of their lives see9Mar., ms. from and after the fourteenth day of February, eighteen hundred and seventy-one. But that section shall not apply to any person who is receiving a pension at the rate of eight dollars or more per month ; nor to any person who is receiv ing a pension less than eight dollars per month, except for the difference between the pension now received and eight dollars per month. * ^738. The surviving widows of such persons as are ti* c 5ofi8i2 f em k race d w ^ n i u ^ ue provisions of the two preceding sec- sec i u Feb ^ O11S shall be allowed, on the conditions and limitations 18 see9Mar 1878 ^ nere ^ n expressed, the same pension that such persons them- selves would have been entitled to receive thereunder if living on the fourteenth day of February, eighteen hundred and seventy-one: Provided, however , Such widows were married to the husbands, on account of whose services the pension is claimed, prior to the treaty of peace which terminated the war of eighteen hundred and twelve, and have not remarried. proof required ; SEC. 4739. Before the name of any person is placed upon names may be stricken from the pension-roll under the three preceding sections, prooi -- shall be made, under such regulations as the Secretary ot is?? 6 ' ' e '' the Interior may prescribe, that the applicant is entitled to See 9 Mar 1878 ' a pension under the provisions of the sections herein cited j and the Secretary of the Interior shall cause to be stricken, from the pension-roll the name of any person whenever i appears, by proof satisfactory, that such name was put upon such roll through false or fraudulent representations. LOSS of dis- SEC. 4740. The loss of a certificate of discharge shall not cate. rg J deprive, an applicant of the benefits of sections forty-seven sec. s, u Feb., hundred and thirty-six, forty-seven, hundred and thirty- See 9Mar.,i878. seven, and forty-seven hundred and thirty-eight, but other proof of services performed and of an honorable discharge^ if deemed satisfactory, shall be sufficient. Sections 4738, 4739, 4740, as above, amended by the follow^ ing Act: Act 9 Mar., AN ACT amending the laws granting pensions to the soldiers and B78 ' sailors of the war of eighteen hundred and twelve, and theif widows, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized LAWS RELATING TO ARMY AND NAVY PENSIONS. 67 d directed to place on the pension-roll the names of the viving officers and enlisted and drafted men, without gard to color, including militia and volunteers, of the litary and naval service of the United States who served fourteen days in the war with Great Britain of eighteen mired and twelve, or who were in any engagement and 4m in ' re honorably discharged, and the surviving widows of ch officers and enlisted and drafted men. SEC. 2. That this Act shall not apply to any person who receiving a pension at the rate of eight dollars per month more, nor to any person receiving a pension of less than lit dollars per month, except for the difference between 5 pension now received (if less than eight dollars per nth) and eight dollars per month. Pensions under this t shall be at the rate of eight dollars per month, except herein provided, and shall be paid to the persons enti- d thereto, from and after the passage of this Act, for d during their natural lives: Provided, That the pensions widows provided for in this Act shall cease when they all marry again. SEC. 3. That before the name of any person shall be aced upon the pension-rolls under this Act proof shall made, under such rules and regulations as the Cominis- ner of Pensions, with the approval of the Secretary of e Interior, shall prescribe, that the applicant is entitled a pension under this Act; and any person who shall sely take any oath required to be taken under the pro- ions of this Act shall be guilty of perjury; and the Sec- ary of the Interior shall cause to be stricken from the Is the name of any person when it shall appear, by proof isfactory to him, that such name was put on said rolls by through false or fraudulent representations, or by mistake to the right of such person to a pension under this Act. e loss or lack of a certificate of discharge shall not deprive (applicant of the benefit of this Act, but other proof of : service performed and of an honorable discharge, if isfactory, shall be deemed sufficient; and when there is record evidence of such service and such discharge, the plicant may establish the same by other satisfactory testi- ny : Provided, That when any person has been granted and-warrant, under any Act of Congress, for and on count of service in the said war of eighteen hundred and elve, such grant shall be prima-facie evidence of his vice and honorable discharge, so as to entitle him, if ing, or his widow if he be dead, to a pension under this t; but such evidence shall not be conclusive, and may be 68 LAWS RELATING TO ARMY AND NAVY PENSIONS. rebutted by evidence that such land-warrant was impropj erly granted. SEC. 4. That all applications for pensions of the classei provided for in this act heretofore or which may hereaftei be made shall be considered and decided as though mnd< under this Act; and all laws now in force in regard to tin manner ot paying pensions, and in reference to the punish ment of frauds, shall be applicable to all claims under th< provisions of this Act. SEC. 5. That the Secretary of the Interior be, and he i hereby, authorized and directed to restore to the pension rolls the names of all persons now surviving heretofore pen sioned on account of service in the war of eighteen hundra] and twelve against Great Britain or for service in any o the Indian wars, and whose names were stricken from th rolls in pursuance of the Act entitled "An Act authorizin I the Secretary of the Interior to strike from the pension-roll! the names of such persons as have taken up arms agains the government or who have in any manner encouraged thl rebels," approved February fourth, eighteen hundred an I sixty- two; and that the joint resolution entitled " Joirt resolution prohibiting payment by any officer of the gou eminent to any person not known to have been opposed tl the rebellion and in favor of its suppression," approve} March second, eighteen hundred and sixty- seven, and se tion forty- seven hundred and sixteen of the Ee vised Stai utes of the United States, shall not apply to the person provided for by this Act : Provided, That no money shal be paid to any one on account of pensions for the time dui ing which his name remained stricken from the rolls. SEC. 6. That the surviving widow of any pensioner of til war of eighteen hundred and twelve, where the name || said pensioner was stricken from the pension-rolls in pul suance of the Act entitled u An Act authorizing the Seer I tary of the Interior to strike from the pension-rolls til names of such persons as have taken up arms against tl government or who have in any manner encouraged tl rebels," approved February fourth, eighteen hundred ail sixty -two, and where, under the existing provisions of laJ said pensioner died without his name being restored to til rolls, shall be entitled to make claim for a pension as su<| widow after the passage of this Act : Provided, That no su<| arrearages shall be paid for any period prior to the time I the removal of the disability of the pensioner, as providJ in section five: And provided further, That under this Al any widow of a revolutionary soldier who served for foul LAWS RELATING TO ARMY AND NAVY PENSIONS. 69 n days or was in any engagement shall be placed on the ision rolls of the United States and receive a pension at > rate of eight dollars per month. }EC, 7. That all laws and clauses of laws in conflict with s Act be, and they are hereby, repealed. Vpproved, March 9, 1878. SEC. 4742. From and after the second day of April, eight- . certain claims for Re volution - hundred and sixty-two, no claim for a pension, or increase of pension, shall be allowed in favor of the chil- Act2 Apr. 1862. m or other descendants of any person who served in the r of the Revolution, or of the widow of such person, when ih person or his widow died without having established laim to a pension. SEC. 4743. In all cases where a pension has been granted e J^ 6 ^^ any officer or soldier of the Revolution in his life-time, widows of Revo- evidence upon which such pension was granted shall be to 1 o iclusive of the service of such officer or soldier in the ap- su cation of any widow, or woman who may have been thei ji y 8 , low, of such officer or soldier, for a pension 5 and upon )of by her that she was married to any such officer or dier and that she is a widow, she shall thereupon be iced upon the pension-rolls at the same rate that such icer or soldier received during his life-time. LAWS GRANTING PENSIONS FOR SERVICE IN THE INDIAN WARS. EC:. 1657. Volunteers or militia; service, Indian Act February 3, 1893. Proof as to citizenship depredations in Florida. under Act July 27, 1892. let July 27, 1892. Who are entitled ; rate of pen- sion under; provisions as to applica- tions and proof under; Sec. 4716, R. S., repealed as to. SEC. 1G57. The volunteers or militia, who have been re- volunteers, 7 etc., to suppress ,eived into the service of the United States, to suppress Indian depreda- tions in Florida ; ndiau depredations in Florida, shall be entitled to all the benefits to. jenefits which are conferred on persons wounded or other- ActT 19 Mar. jvise disabled in the service of the United States. 5, p.' 7. N ACT granting pensions to survivors of the Indian wars of Act 27 July, eighteen hundred and thirty-two to eighteen hundred and forty- *" two, inclusive, known as the Black Hawk war, Creek war, Cherokee disturbances, and the Seminole war. Be it enacted by the Senate and House of Representatives of Surviving offi- he United States of America in Congress asssembled, That men who served he Secretary of the Interior be, and he is hereby, author- zed and directed to place on the pension roll the names oi ;he surviving officers and enlisted men, including marines, militia, and volunteers of the military and naval service of he United States, who served for thirty days in the Black lawk war, the Creek war, the Cherokee disturbances, or he Florida war with the Seminole Indians, embracing a period from eighteen hundred and thirty-two to eighteen mndred and forty-two, inclusive, and were honorably dis- An honorable harged, and such other officers, soldiers, and sailors as thirty days' erv- may have been personally named in any resolution of Con- e c n e tit ^ quisite to ress, for any specific service in said Indian wars, although lieir term of service may have been less than thirty days, md the surviving widows of such officers and enlisted men : ^rovided, That such widows have not remarried : Provided widows. further, That this Act shall not apply to any person not a itizen of the United States. SEC. 2. That pensions under this Act shall be at the rate Rate of pen- )f eight dollars per month, and payable from and after the month 1 , passage of this Act, for and during the natural lives of the persons entitled thereto. 71 Foreigners, no title. 72 LAWS RELATING TO ARMY AND NAVY PENSIONS. SEC - 3> That before tne name of an y person shall be prescribe rules, placed oil the pension roll under this Act, proof shall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to ju f alse oath per " a pension ; and any person who shall falsely and corruptly take any oath required under this Act shall be deemed 8tric^nfroiuron^ u ^^ * P er J ur y> an ^ * ne Secretary of the Interior shall for fraud. cause to be stricken from the pension roll the name of any person whenever it shall be made to appear by proof satis- factory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this Act. cha certificate Tlie loss of tne certificate of discharge shall not deprive not a bar. any person of the benefits of this Act, but other evidence of service performed and of an honorable discharge may be deemed sufficient. Not in addition SEC. 4. That this Act shall not apply to any person who to existing pen- sion. is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. Pension laws SEC. 5. That the pension laws now in force, which are now in force made applicable, not inconsistent or in conflict with this Act, are hereby made a part of this Act, so far as they may be applicable thereto. pe^onfe^ged S]EC ' 6 ' Tnat section forty-seven hundred and sixteen of excluded 1011 not tne Rev i se d Statutes is hereby repealed, so far as the same relates to this Act or to pensioners under this Act. Approved July 27, 1892. The provisions of the above Act extended by the following Act: 393 0t 3 Feb> ' ^ ACT relatin S to proof of citizenship of applicants for Indian war pensions under the Act of Congress approved July twenty-seventh, * T eighteen hundred and ninety-two. citizenship in Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of Pensions be, and he is hereby, author- ized and directed to accept as sufficient proof of the citizen- ship of an applicant for pension under said act of July twenty-seventh, eighteen hundred and ninety-two, the fact that such applicant at the date of the application was an actual and bona fide resident of the United States. Approved, February 3, 1893. ILAWS GRANTING PENSIONS FOR SERVICE DURING THE MEXICAN WAR. 4730. Mexican war; regulars or volunteers disabled in. 4731. Widows and children of regulars or volunteers disabled in Mexican war. January 29, 1887. Granting pension to surviv- ors, and to surviving widows of offi- cers and enlisted men who served in Mexican war; rate, application and proof under ; Sec. 4716 repealed as to ; political disability a bar. Act March 3, 1891. Powell's Battalion of Missouri Mounted Volunteers. Act January 5, 1893. Increase in certain Mexican war survivors' cases. Act received by President February 5, 1897, be- coming a law without his approval. Gray's Battalion of Arkansas Volun- teers. Mexican war; or vol- >EC. 4730. Any officer, non-commissioned officer, musi- reg ^g* ! In, or private, whether of the Eegular Army or volunteer, gnteers disabled abled by reason of injury received or disease contracted Sec 7 13 Ma ile in the line of duty in actual service in the war with WM ; 'Jtec. s, 21 pico, or in going to or returning from the same, who re- red an honorable discharge, shall be entitled to a pension bportionate to his disability, not exceeding for total dis- ility half the pay of his rank at the date at which he re- ved the wound or contracted the disease which resulted [such disability. But no pension shall exceed half the of a lieutenant-colonel. EC. 4731. If any officer or other person referred to in widows and children of regu- b preceding section has died, or shall hereafter die, byiars or voiun- . . . , ,. , , , teersintheMex- |,son of any injury received or disease contracted under lean war. circumstances therein set forth, his widow shall be en- sees, i, 2, 21 |ed to receive the same pension as the husband would re been entitled to had he been totally disabled ; and in 28 Sept *' 1850< of her death or remarriage, the child or children of officer or other person referred to in the preceding bion, while under the age of sixteen years, shall be en- led to receive the pension. But the rate of pension pre- (ibed by this and the preceding section shall be varied jr the twenty-fifth day of July, eighteen hundred and by-six, in accordance with the provisions of section four id seven hundred and twelve of this title. 73 74 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 29 Jan., AN ACT granting pensions to the soldiers and sailors of the Mexican ! war, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized J who entitled, and directed to. place on the pension-roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually j served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof, or en route thereto, in the war with that nation, or were actually; engaged in a battle in said war, and were honorably dis- charged, and to such other officers and soldiers and sailorsj as may have been personally named in any resolution of! Congress for any specific service in said war, and the sur- proviso. viviug widow of such officers and enlisted men : Provided^ Proviso. That such widows have not remarried: Provided, That every such officer, enlisted man, or widow who is or may' become sixty-two years of age, or who is or may become] subject to any disability or dependency equivalent to some] cause prescribed or recognized by the pension laws of thej United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this Act; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abetting the late rebellion against the authority of the United States. Rate of pen- SEC. 2. That pensions under section one of this Act shall be at the rate of eight dollars per month, and payable only 1 from and after the passage of this Act, for and during th natural lives of the persons entitled thereto, or during t continuance of the disability for which the same shall Proviso. granted : Provided, That section one of this Act shall u apply to any person who is receiving a pension at the r of eight dollars per month or more, nor to any person ceiving a pension of less than eight dollars per month, cept for the difference between the pension now receivea (if less than eight dollars per month) and eight dollars pe| month. Rniesandreg- SEC. 3. That before the name of any person shall be prescribed b v the placed on the pension-roll under this Act, proof shall be Secretary of In - l terior. made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension; and any person who shall falsely and cor- LAWS RELATING TO ARMY AND NAVY PENSIONS. 75 aptly take any oath required under this Act shall be deemed b /^ m J th to uilty of perjury ; and the Secretary of the Interior shall Jury ause to be stricken from the pension-roll the name of any erson whenever it shall be made to appear by proof satis- ictory to him that such name was put upon such roll irough false and fraudulent representations, and that such erson is not entitled to a pension under this Act. The loss . Loss * cer- f the certificate of discharge shall not deprive any person charge. f the benefits of this Act, but other record evidence of en- strnent and service and of an honorable discharge may be Beined sufficient: Provided, That when any person has Proviso. eeu granted a land-warrant, under any Act of Congress, and on account of service in the said war with Mexico, ich grant shall be prima facie evidence of his service and anorable discharge; but such evidence shall not be con- usive, and may be rebutted by evidence that such land- arrant was improperly granted. SEC. 4. That the pension laws now in force which are not consistent or in conflict with this Act are hereby made a art of this Act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of section -me re- e Revised Statutes is hereby repealed so far as the same cStflictT fl dates to this Act or to pensioners under this Act. SEC. 6. That the provisions of this Act shall not apply to Political aisa- ly person while under the political disabilities imposed by blllty< e fourteenth amendment to the Constitution of the United bates. Approved, January 29, 1887. The provisions of the above Act extended by the following cts: N" ACT granting pensions to Powell's Battalion of Missouri Mounted Act 3 Mar., Volunteers. ^ _ Be it enacted by the Senate and House of Representatives of e United States of America in Congress assembled, That the Bcretary of the Interior be, and he is hereby, authorized id directed to place on the pension-roll the names of all ' the honorably discharged surviving officers and enlisted en of PowelPs Battalion of Missouri Mounted Volunteers, ised under the act of Congress of May thirteenth, eighteen indred and forty-six, for service during the war with Mexico; and the names of the surviving widows of such Beers and enlisted men, subject to the limitations and >gulations of the pension laws of the United States for snsioning the survivors of the war with Mexico. Approved, March 3, 1891. 76 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 5 Jan., AN ACT granting increase of pension to soldiers of the Mexican war _J in certain cases. J5e it enacted by the Senate and House of Representatives of increase in the United States of America in Conaress assembled, That the certain Mexican war caaea. Secretary of the Interior be, and he is hereby, authorized to increase the pension of every pensioner who is now on the rolls at eight dollars per month on account of services in the Mexican war and who is wholly disabled for manual labor, and is in such destitute circumstances that eight dollars per month are insufficient to provide him the necessaries of life, to twelve dollars per month. Approved, January 5, 1893. AN ACT granting pensions to Gray's Battalion of Arkansas Volunteers. Be it enacted by the Senate and House of Representatives 0} the United States of America in Congress assembled, That th< Secretary of the Interior be, and he is hereby, authorize and directed to place on the pension roll the names of of the honorably discharged surviving officers and enlisted men of Gray's Battalion of Arkansas Volunteers, raised under the Act of Congress of May thirteenth, eighteen hun- dred and forty- six, for service during the war with Mexico; and the names of surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws of the United States for pensioning the survivors of the war with Mexico. Received by the President, February 5, 1897. (NOTE BY THE DEPARTMENT OF STATE. The foregoing Act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated withii the time prescribed by the Constitution of the Unil States, has become a law without his approval.) LAWS RELATIVE TO THE PAYMENT OF ACCRUED PENSIONS. SEC. 4718. Accrued pension, title to. I Act March 2, 1895. Accrued pension, how and to whom paid. SEC. 4718. If any pensioner has died or shall hereafter die, or if any person entitled to a pension, having an appli- cation therefor pending, has died or shall hereafter die, his minor ' child or widow, or if there is no widow, the child or children of such - '- - person under the age of sixteen years shall be entitled to Mar.,' 1373. c see receive the accrued pension to the date of the death of such July, i864 ; c sec. person. Such accrued pension shall not be considered as a i866 ; c sec. ^ part of the assets of the estate of deceased, nor liable to be j> applied to the payment of the debts of said estate in any ase whatever, but shall inure to the sole and exclusive j n ne,i84^ ot 19 benefit of the widow or children; and if no widow or child survive, no payment whatsoever of the accrued pension shall be made or allowed, except so much as maybe neees- sary to reimburse the person who bore the expenses of last sickness and burial of the decedent, in cases where he men *- did not leave sufficient assets to meet such expenses. The above Section amended by the following Act: AN ACT to provide .for the payment of accrued pensions in certain Act2 Mar., 1895. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from to whom P aid - md after the twenty-eighth day of September, eighteen hun- Ired and ninety- two, the accrued pension to the date of the leath of any pensioner, or of any person entitled to a pen- sion having an application therefor pending, and whether a certificate therefor shall issue prior or subsequent to the death of such person, shall, in the case of a person pensioned, or applying for pension, on account of his disabilities or service, be paid, first, to his widow ; second, if there is no widow, to his child or children under the age of sixteen 77 78 LAWS RELATING TO ARMY AND NAVY PENSIONS, years at his death; third, in case of a widow, to her minor children under the age of sixteen years at her death. Such accrued pension shall not be considered a part of the assets! of the estate of such deceased person, nor be liable for the] payment of the debts of said estate in any case whatsoever, but shall inure to the sole and exclusive benefit of the widow or children. And if no widow or child survive such pen- sioner, and in the case of his last surviving child who was! such minor at his death, and in case of a dependent mother, | father, sister, or brother, no payment whatsoever of their! accrued pension shall be made or allowed except so much as may be necessary to reimburse the person who bore the expense of their last sickness and burial, if they did not leave sufficient assets to meet such expense. And mailing of a pension check, drawn by a pension agent in payment of a pension due, to the address of a pensioner, shall constitute payment in the event of the death of a pensioner subsequent to the execution of the voucher there- for. And all prior laws relating to the payment of accrue pension are hereby repealed. Approved, March 2, 1895. LAWS RELATIVE TO THE DROPPING OF THE NAMES OF PENSIONERS FROM THE ROLLS. c. 4706. Abandonment by widow of minor child or children forfeits pension, c. 4719. Failure to claim pension for three years. SEC. 4720. Special acts. Act December 21, 1893, pension not to be withheld or suspended until after notice. SEC. 4706. If any person has died, or shall hereafter die. , Abandonment J by widow of aviug a widow en titled to a pension by reason of his death, minor cwid or , ., , ' children forfeits id a child or children under sixteen years of age by such pension. idow, and it shall be duly certified under seal, by any sec. 12, 3 Mar., mrt having probate jurisdiction, that satisfactory evidence June, isee, sec. . 8, 27 July, 1868. is been produced before such court, upon due notice to see Act 7 Aug., e widow, that she has abandoned the care of such child 1882 ' p> 53 ' children, or that she is an unsuitable person, by reason immoral conduct, to have the custody of the same, on ^esentation of satisfactory evidence thereof to the Com- issiouer of Pensions, no pension shall be allowed to such idow until such child or children shall have attained the of sixteen years, any provisions of law to the contrary ^withstanding, and the said child or children shall be ^nsioned in the same manner, and from the same date, as no widow had survived such person, and such pension ali be paid to the guardian of such child or children ; but Pension to mi- in any case payment of pension shall have been made to fr^m^eTme "he widow, the pension to the child or children shall com- widow was paid ' ence from the date to which her pension has been paid. 18 7|. c - 12>3Mar " SEC. 4719. The failure of any pensioner to claim his pen- .Unclaimed pen- J * sionsjdisposition on for three years after the same shall have become due of. iall be deemed presumptive evidence that such pension sec. 26, 3 Mar., is legally terminated by reason of the pensioner's death, July, isesl n ., -, . , .,.. . , See Sec. 1, Act imarnage, recovery from the disability, or otherwise, and of e Apr., isss; e pensioner's name shall be stricken from the list of pen- Aug.,i842. c oners, subject to the right of restoration to the same on a application by the pensioner, or, if the pensioner is jad, by the widow or minor children entitled to receive le accrued pension, accompanied by evidence satisfactorily icounting for the failure to claim such pension, and by edical evidence in cases of invalids who were not exempt om biennial examinations as to the continuance of the dis- rility. 79 80 LAWS RELATING TO ARMY AND NAVY PENSIONS. . 4720. When the rate, commencement, and dural of a pension allowed by special act are fixed by such Sec. 27, 3 Mar. . ' . J . . 1873; sec. 15, 27 they shall not be subject to be varied by the provisions ai 7 July, 1870. ' ' limitations of the general pension law; but when not thi fixed, the rate and continuance of the pension shall subject to variation in accordance with the general lawd| and its commencement shall date from the passage of thj special act, and the Commissioner of Pensions shall, upoj satisfactory evidence that fraud was perpetrated in obtaiii ing such special act, suspend payment thereupon untw the propriety of repealing the same can be considered bjj Congress. Act 21 Dec., AN ACT making appropriations to supply further urgent deficienci* _J in the appropriations for the fiscal year ending June thirtieth eighteen hundred and ninety-four, and for prior years, and for othe: purposes. Pension not to Provided, That any pension heretofore or that may here suspended^unS after be granted to any applicant therefor under any la? after notice. Q f tll e United States authorizing the granting and pa|j ment of pensions, on application made and adjudicated upon, shall be deemed and held by all officers of the Unitecj States to be a vested right in the grantee to that extent that payment thereof shall not be withheld or suspend* until, after due notice to the grantee of not less than thirty days, the Commissioner of Pensions, after hearing all th< evidence, shall decide to annul, vacate, modify, and sej aside the decision upon which such pension was granted! Such notice to grantee must contain a full and true stat| meut of any charges or allegations upon which such decil sion granting such pension shall be sought to be in an;| manner disturbed or modified. Approved, December 21, 1893. Amended by Act of June 6, 1874 (see p. 135), and Sec. 5, Act of J uly 25, 1882 (see p. MISCELLANEOUS LAWS RELATIVE TO THE GRANTING OF PENSIONS. ffiC. 4716. Loyalty. ct March 3, 1877. Disloyalty, bar as to, removed in certain cases. EC. 4733. Continuance of pension. EC. 4734. Pension not to be withheld in certain cases. EC. 4747. Pension money, not liable to attach- ment, levy, or seizure. EC. 4774. Superseded by Sec. 4, Act July 25, 1882; subsequently amended by Act March 3, 1885. EC. 4775. Special medical examinations and ap- peals therefrom. EC. 4776. Medical referee; examining surgeons, appointment of. EC. 4777. Civil examining surgeons, appoint- ment of. ct July 25, 1882. Amending Sec. 4744; subpoena for witnesses; civil surgeons, ap- pointment of; civil surgeon, expert, employment of; fees for medical ex- aminations; pension under special Act not to be in addition to pension under general law. ct March 3, 1885. Appropriations for payment of Army and Navy pensions ; fees of examining surgeons ; provisions as to medical examinations, and salaries of pension agents and contingent ex- penses of pension agencies. ct June 30, 1890. Appropriations for payment of Army and Navy pensions, fees of examining surgeons, and salaries of pension agents and expenses of pen- sion agencies ; mailing check drawn by pension agent in payment of pension due constitutes payment; accrued pension, payment of; Com- missioner of Pensions to show dis- bursements, and as to pensioners dropped from the roll ; clerk of pen- sion agent to sign checks. Act March 3, 1891. Appropriations for payment of invalid and other pensions ; pay- ment of salaries of pension agents and expenses of agencies; pension to officer or noncommissioned officer or private on the active or retired list of Army, Navy, or Marine Corps of the United Siates ; attorneys' fees, increase claims, and special Acts; penalty for violation of; payment of pension by pension agents; power to administer oaths extended to all spe- cial examiners. Act March 1, 1893. Fees of examining surgeons; nonresident pensioners, no payment to. Act July 18, 1894. Fees and expenses of examin- ing surgeons ; reports of examining surgeons open to inspection. Act March 2, 1895. Appropriations for payment of invalid and other pensions ; fees and expenses of examining surgeons ; salaries of pension agents and ex- penses of pension agencies ; repeal of provision against payment to non- resident pensioners ; rate to be given in report of examining surgeons ; $6 established as a minimum rate under general law. Act March 6, 1896. Appropriations for payment of invalid and other pensions; fees and expenses of examining surgeons ; salaries of pension agents and ex- penses of pension agencies ; date of commencement under Act June 27, 1890; cases rejected, suspended, or dismissed; ratings to be given in reports of examining surgeons. Act March 13, 1896. Presumption of death, seven years' absence. Act May 28, 1896. Appropriations for legislative, executive, and judicial expenses; Pension Office. SEC. 4716. ISo money on account of pension shall be paid 8i ^ oyalty requi ' o any person, or to the widow, children, or heirs of any de- ~~g ec 23 3Mar eased person, who in any manner voluntarily engaged in, was Jg- 4 . 1* r aided or abetted, the late rebellion against the authority see Act 4 Feb., 1862; Joint Res. 2 f the United States. Mar., i867 ; Act 3 Mar,, 1877. 532302- 81 82 LAWS RELATING TO ARMY AND NAVY PENSIONS. The above Section amended by the following Act. Act 3 Mar., AN ACT amending the pension-law so .is to remove the disability of, those who, having participated in the rebellion, have, since its termi- nation, enlisted in the Army of the United States, and become dis- abled. 1 Be it enacted by the Senate and House of Representatives of see Sec. 4716, the United States of America in Congress assembled, That the law prohibiting the payment of any money on account of] pensions to any person, or to the widow, children, or heirs abuity va "* of any deceased person, who, in any manner, engaged in or aided or abetted the late rebellion against the authority of] the United States, shall not be construed to apply to such persons as afterward voluntarily enlisted in the Army of the United States, and who, while in such service, incurred dis- ability from a wound or injury received or disease contracted in the line of duty. Approved, March 3, 1877. Continuance of SEC. 4733. All pensioners whose names are now on tin pension-roll, or who are entitled to restoration to the roll under any act of Congress, shall be entitled to the continu- ance of such pensions under the provisions and limitations of this Title, and to such further increase of pension as is herein provided. Pensions are SEC. 4734. The provisions of law which allow the with- not to be with- ... held. holding of the compensation of any person who is in arrears Act 20 May, shall not be construed to authorize the pension of any pen- sioner of the United States to be withheld. Pension not Ha SEC. 4747. No sum of money due, or to become due, to mint!' h any pensioner shall be liable to attachment, levy, or seizure sec. 25, 3 Mar., by or under any legal or equitable process whatever, whethfl ju ? ne, 1866- sec*! the same remains with the Pension Office, or any officer agent thereof, or is in course of transmission to the pension entitled thereto, but shall inure wholly to the benefit of stu pensioner. SEC. 4774. Superseded by Section 4, Act of July 25, 188M which Act was subsequently amended by Act of March 5, 1885* special medical SEC. 4775. Examining surgeons duly appointed by the B Commissioner of Pensions, and such other qualified sur- geons as may be employed in the Pension-Office, m;iy be 18^' ar " required by him, from time to time, as he deems for the 1 Amended August 1, 1892, to include navy cases. See p. 49. LAWS RELATING TO ARMY AND NAVY PENSIONS. 83 terest of the Government, to make special examinations pensioners, or applicants for pension, and such examina- 3ns shall have precedence over previous examinations, lether special or biennial; but when injustice is alleged have been done by an examination so ordered, the Coin- issioner of Pensions may, at his discretion, select a board three duly appointed examining surgeons, who shall meet a place to be designated by him, and shall review such ses as may be ordered before them on appeal from any ecial examination, and the decision of such board shall final on the question so submitted thereto, provided the Dminissiouer approve the same. The compensation of each such surgeons shall be three dollars, and shall be paid t of any appropriations made for the payment of pensions, the same manner as the ordinary fees of appointed sur- ons are or may be authorized to be paid. SEC. 4776. The Secretary of the Interior is authorized to an ^ e ^eJ r exa r m e point a duly qualified surgeon as medical referee, who, inin s surgeons. ider the control and direction of the Commissioner of Pen- lg |ec. 38, 3 Mar., 3ns, shall have charge of the examination aud revision of e reports of examining surgeons, and such other duties uching medical and surgical questions in the Pension- ffice as the interests of the service may demand; and his lary shall be two thousand five hundred dollars per annum, nd the Secretary of the Interior is further authorized to point such qualified surgeons (not exceeding four) as the igencies of the service may require, who may perform the ities of examining surgeons when so required, and who all be borne upon the rolls as clerks of the fourth class; it such appointments shall not increase the clerical force said Bureau. (See appropriation bill, June 30, 1890 , p. 87.) SEC. 4777. The Commissioner of Pensions is empowered appoint, at his discretion, civil surgeons to make the surgeons. sriodical examinations of pensioners which are or may be 18 juired by law, and to examine applicants for pension, Jul ^ 1862 - lere he deems an examination by a surgeon appointed him necessary; and the fee for such examinations, and Ju ^ e J c - 8l 4 e requisite certificates thereof, in duplicate, including >stage on such as are transmitted to pension agents, shall two dollars, which shall be paid by the agent for paying msions in the district within which the pensioner or claim- it resides, out of any money appropriated for the payment pensions, under such regulations as the Commissioner Pensions may prescribe. 84 LAWS RELATING TO ARMY AND NAVY PENSIONS. i882 Ct 25 July ' Under an Act making appropriations for the payment on invalid and other pensioners of the United States for the year\ ending June 30, 1883, it was enacted : Subpoena witness. Surgeons. That section lorty- seven hundred and forty-four, title' fifty- seven of the Revised Statutes of the United States is' hereby amended to read as follows : "SEC. 4744. The Commissioner of Pensions is author- ized to detail from time to time clerks or persons employed in his office to make special examinations into the merits of such pension or bounty land claims, whether pending or adjudicated, as he may deem proper, and to aid in the prosecution of any party appearing on such examinations to be guilty of fraud, either in the presentation or in procuring the allowance of such claims ; and any person so detailed shall have power to administer oaths and take affidavits and depositions in the course of such examinations, and to orally examine witnesses, and may employ a stenographer, when deemed necessary by the Commissioner of Pensions, 1 in important cases, such stenographer to be paid by such clerk or person, and the amount so paid to be allowed in; his accounts." f SEC. 3. "That in addition to the authority conferred by section one hundred and eighty-four, title four of the Revisedj Statutes, any judge or clerk of any court of the United! States in any State, District, or Territory shall have powerj upon the application of the Commissioner of Pensions, issue a subpO3na for a witness, being within the jurisdictioi of such court, to appear, at a time and place in the subpoei stated, before any officer authorized to take depositions be used in the courts of the United States, or before an|j officer, clerk, or person from the Pension Bureau designat or detailed to investigate or examine into the merits of pension claim and authorized by law to administer oal and take affidavits in such investigation or examinati< there to give full and true answers to such written inl rogatories and cross-interrogatories as may be propound* or to be orally examined and cross-examined upon the sub-l ject of such claim; and witnesses subpoanaed pursuant to! this and the preceding section shall be allowed the samef 1 compensation as is allowed witnesses in the courts of tl United States, and paid in the same manner." SEC. 4. That the Commissioner of Pensions is hereby] authorized to appoint surgeons who, under his control a direction shall make such examination of pensioners aiflpl claimants for pension or increased pension as he shall r< LAWS RELATING TO ARMY AND NAVY PENSIONS. 85 uire; and he shall organize boards of surgeons, to consist f three members each, at such points in each State as e shall deem necessary, and all examinations, so far as Tacticable, shall be made by the boards, and no examina- ion shall be made by one surgeon excepting under such ircumstauces as make it impracticable for a claimant to resent himself before a board : Provided, That the Oom- rissioner may, when in his opinion the exigencies of the ervice require it, organize a board of three surgeons who, nder his direction, shall review the work of any regularly- ppointed board or surgeon : Provided further, That all laminations shall be thorough and searching, and the cer- ficate contain a full description of the physical condition f the claimant at the time, which shall include all the hysical and rational signs and a statement of all struc- ural changes. The fee for each examination, and satisfactory certificate Fee for exami- hereof, shall be two dollars to each member when made by na board, and two dollars when made by one surgeon : Pro- ided. That when a claimant is so disabled as not to be able :> present himself to a board of surgeons for examination, :ie Commissioner may order a surgeon to make the exami- ation at the claimant's residence; and the fee for such xamination shall be two dollars, in addition to the pay- lent of the actual traveling expenses of the surgeon : Pro- ided further, That no fee shall be allowed or paid to any leinber of such board of examining surgeons who does not ctually participate in such examination and sign the cer- ficate thereof. The Commissioner may, when in his judgment the degree commissioner f disability cannot be determined truthfully or satisfac- pert. employ e *' jrily excepting by expert examination, employ an expert, ot a regularly appointed surgeon, to make the examina- on ; and the fee for such examination shall be five dollars: ^rovided, That the fee for an expert examination shall not e paid to any regularly-appointed examining surgeon. The fee for the examination of claimants who reside out f the United States shall not exceed ten dollars, which jail be paid, upon the presentation of satisfactory vouch- rs, out of the appropriation for the payment of the exam- ing surgeons, and through the United States consulate earest to the claimant's place of residence. SEC. 5. That no person who is now receiving or shall Pension under ereafter receive a pension under a special Act shall be 8pec ntitled to receive in addition thereto a pension under the eneral law, unless the special Act expressly states that the 86 LAWS RELATING TO ARMY AND NAVY PENSIONS. pension granted thereby is in addition to the pension which! said person is entitled to receive under the general law. Approved, July 25, 1882. Act 3, Mar., AN ACT making appropriations for the payment of invalid and other! ' _ pensions of the United States for the fiscal yejir ending June thir-jj tieth, eighteen hundred and eighty-six, and for other purposes. Be it enacted by the Senate and House of Representative* o/j Appropriation the United States of America in Congress assembled, That the] of r pensS m fm following sums be, and the same are hereby, appropriated, ending 8 j a une ye 3o^ out of any money in the Treasury not otherwise appropri- ated, for the payment of pensions for the fiscal year ending June thirtieth, eighteen hundred and eighty-six, and forj other purposes, namely : or Army and Navy pensions as follows: For invalids, widows, minor children, and dependent relatives, and sur- vivors and widows of the war of eighteen hundred an< twelve, fifty-nine million one hundred and seventy-two th< sand dollars : Provided, That the appropriations aforesaid for Navy pensions shall be paid from the income of the Navy pension fund, so far as the same may be sufficient for| that purpose : And provided further, That the amount exj pended under each of the above items shall be accounted for] separately. For fees and expenses of examining surgeons, five hun- Provisos. Kris 8 of n exiS5S" dred thousand dollars. And each member of each examin- ing board shall, as now authorized by law, receive the sun}| of two dollars for the examination of each applicant when-i ever five or a less number shall be examined on any oud day, and one dollar for the examination of each additional Proviso. applicant on such day : Provided, That if twenty or moi Number th at applicants appear on one day, no fewer than twenty shj an a d v fe^ xamined if practicable, be examined on said day, and that if few* examinations be then made, twenty or more having peared, then there shall be paid for the first examinatioi made on the next examination day the fee of one dollar on] Proviso. until twenty examinations shall have been made : Pror'uh Applicant pre- That all applicants for pensions shall be presumed to KdiodSawSt 6 * 18 ^ no disability at tue fcime of enlistment; but such pi m^? 16 of en sumption may be rebutted. For the salaries of eighteen agents for the payment of | pensions, at four thousand dollars each, seventy-two thou- sand dollars. contingent ex- For fees for preparing vouchers, rent, fuel, lights, post- age on letters to the Executive Departments and to pen- ment. Agents. penaen. LAWS RELATING TO ARMY AND NAVY PENSIONS. 87 oners, stationery, and other necessary expenses, to be ap- :oved by the Secretary of the Interior, two hundred and ? ty-six thousand dollars : Provided, That from and after Proviso. me thirtieth, eighteen hundred and eighty-five, the salary id emoluments of agents for the payment of pensions shall Pay of pension 3 four thousand dollars, and no more, per annum; and fees provided by law for vouchers prepared and paid, ily so much thereof as may be required for expenses in- ured in having said vouchers prepared, as well as the icessary clerical work at the agencies, shall be available. Approved, March 3, 1885. NT ACT making appropriations for the payment of invalid and other Act so Juno, pensions of the United States for the fiscal year ending June thir- 1890 ' tieth, eighteen hundred and ninety-one, and for other purposes. Be it enacted by the Senate and House of Representatives of ,e United States of America in Congress assembled, That the llowiug sums be, and the same are hereby, appropriated, it of any money in the Treasury not otherwise appropri- :ed, tor the payment of pensions for the fiscal year ending me thirtieth, eighteen hundred and ninety-one, and for :her purposes, namely: For Army and Navy pensions as follows : For invalids, A r m y a n d idows, minor children, and dependent relatives ; survivors avy p nd widows of the war of eighteen hundred and twelve and ith Mexico, ninety-seven million ninety thousand seven undred and sixty-one dollars : Provided, That the appro- Provis 8 - nation aforesaid for Navy pensions shall be paid from the icome of the Navy pension fund, so far as the same may e sufficient for that purpose: And provided further, That amount expended under each of the above items shall e accounted for separately : And provided further, That ereafter a check or checks drawn by a pension agent in ayrnent of pension due, and mailed by him to the address f the pensioner, shall constitute payment within the mean- ig of section forty-seven hundred and sixty-five, Revised tatutes, in the event of the death of a pensioner subse- uent to the mailing and before the receipt of said check; nd the amount which may have accrued on the pension f any pensioner subsequent to the last quarterly payment n account thereof and prior to the death of such pensioner lall in the case of a husband be paid to his widow, or if lere be no widow to his surviving minor children or the uardian thereof, and in the case of a widow to her minor 88 LAWS RELATING TO ARMY AND NAVY PENSIONS. ralr 110 f certm " children : / Vo rifled further, That hereafter whenever a pen- j sion certificate shall have been issued and the pensioner mentioned therein dies before payment shall have been] made, leaving 110 widow and no surviving minor children^ the accrued pension due on said certificate to the date of^ the death of said pensioner may, in the discretion of the] Secretary of the Interior, be paid to the legal representatives? Disbursements. of said pensioner: And provided further, That the Com- missioner of Pensions, in his report for the fiscal year end-j ing June thirtieth, eighteen hundred and ninety-one, shallj show the total disbursements from July first, eighteen hun-j dred and sixty-one to June thirtieth, eighteen hundred and ninety-one to pensioners of the late civil war; and, also,] the number of pensions gran ted, between said dates, because* of said war; and, also, the number of pensioners of said war, whose names have been stricken from the roll between and including said dates because of their having fraudu- lently or improperly obtained pensions, together with th< amounts disbursed to them during the time their nam( were upon the roll; and, also, the number of persons whom arrears will have been paid under the acts of Jan- uary twenty-fifth and March third, eighteen hundred and' seventy-nine, to the thirtieth day of June, eighteen hundred and ninety-one, together with the sum total of the arrears 1 so paid. Examining For fees and expenses of examining surgeons for services rendered within the fiscal year eighteen hundred and ninety-one, one million dollars; and each member of each] examining board shall, as now authorized by law, receive the sum of two dollars for the examination of each appli- cant whenever five or a less number shall be examined 01 any one day, and one dollar for the examination of eacl additional applicant on such day : Provided, That if twenty or more applicants appear on one day, no fewer than twenl shall, if practicable, be examined on said day, and that fewer examinations be then made, twenty or more haviiij appeared, then there shall be paid for the first examin; tions made on the next examination day the fee of OIK dollar only until twenty examinations shall have beei made. i viision agents. For the salaries of eighteen agents for the payment pensions, at four thousand dollars each, seventy-two thoi sand dollars. In case of sickness or unavoidable abseu< of any pension agent from his office, he may, with the aj proval of the Secretary of the Interior, authorize the chit clerk, or some other clerk employed therein, to act in LAWS RELATING TO AEMY AND NAVY PENSIONS. to sign official checks, and to discharge all the other Ities required by law of such pension agent; and, with e approval, any pension agent may designate and au- prize a clerk to sign the name of the pension agent to icial checks. The official bond given by the principal of p office shall be held to cover and apply to the acts of 3 person appointed to act in his place in such cases, and iew bond shall be required from all pension agents now [office. Such acting officer shall, moreover, for the time :ng, be subject to all the liabilities and penalties pre- libed by law for the official misconduct, in like cases, of |) pension agent for whom he acts. clerk-hire, two hundred and fifty thousand dollars: wided, That the amount of clerk-hire for each agency lill be apportioned as nearly as practicable in proportion the number of pensioners paid at each agency. Htor fuel, seven hundred and fifty dollars. Por lights, seven hundred and fifty dollars. Por stationery and other necessary expenses, to be ap- nved by the Secretary of the Interior, twenty-five thou- lid dollars. htor rents, eighteen thousand two hundred dollars ; and reafter the Secretary of the Treasury, where practicable, |ill cause suitable rooms to be set apart in the public tidings under his control in the cities where pension incies are located, which shall be acceptable to the Sec- tary of the Interior, for the use and occupancy of the |d agencies respectively. Approved, June 30, 1890. 89 ACT making appropriations for the payment of invalid and other Act 3 Mar., ensions of the United States, for the fiscal year ending June '- liirtieth, eighteen hundred and ninety-two, and for other purposes. te it enacted by the Senate and House of Representatives of United States of America in Congress assembled, That the [owing sums be, and the same are hereby, appropriated, of any money in the Treasury not otherwise appropri- |d, for the payment of pensions for the fiscal year ending lie thirtieth, eighteen hundred and ninety-two, and for |er purposes, namely: tor Army and Navy pensions as follows : For invalids, lows, minor children, and dependent relatives ; survivors widows of the war of eighteen hundred and twelve and pi Mexico, one hundred and thirty -three million one hun- aud seventy-three thousand and eighty-five dollars: wided, That the appropriation aforesaid for Navy pen- 90 LAWS RELATING TO ARMY AND NAVY PENSIONS. sions shall be paid from the income of the Navy pension fund, so far as the same may be sufficient for that purpose; And provided further, That the amount expended under each of the above items shall be accounted for separately : pension 8 -ac-# ro ^^/MrfoT, That hereafter no pension shall be allowed twe or retired or p a j ( ^ ^ o an y o ffi cer? non commissioned officer, or private in the Army, Navy, or Marine Corps of the United States! either on the active or retired list. Provided also. Thai Attorne 's lee ^ erea ^ er no agent or attorney shall demand, receive, or b| increase claims allowed any compensation under existing law exceeding and special acts. , two dollars in any claim for increase of pension on accoun of the increase of the disability for which the pension ha been allowed, or for services rendered in securing the pat sage of any special act of Congress granting a pension o an increase of pension in any case that has been presenter at the Pension Office or is allowable under the genera pension laws: And provided further, That any agent, attor ney, or other person instrumental in prosecuting any claii for increase of pension on account of the increase in di* ability for which pension was allowed, or who has rendered services in procuring the passage of any special Act o Congress granting a pension or an increase of pension i any case that has been presented at the Pension Office q is allowable under the general pension laws, who sha directly or indirectly contract for, demand, receive, or retai any compensation for such services, except as hereinbefore provided, shall be deemed guilty of a misdemeanor, an upon conviction thereof shall, for each and every sue _ 1A _ offense, be fined not exceeding five hundred dollars o x oiisJty. imprisoned, not exceeding two years or both, in the discre tion of the court: Provided, however, That the foregoin, provisions in relation to fees of agents or attorneys sha not apply to any case now pending where there is an exi| ing lawful contract expressed or implied. For salaries of eighteen agents for the payment of pen sious, at four thousand dollars each, seventy-two thousaDJ dollars. Secretary of For clerk hire, four hundred thousand dollars : Provided the Interior to approve salaries, That the amount of clerk hire at each agency shall be ap portioned as nearly as practicable in proportion to th< number of pensioners paid at each agency, and the salaries paid shall be subject to the approval of the Secretary o the Interior. For fuel, seven hundred and fifty dollars. For lights, seven hundred and fifty dollars. For stationery and other necessary expenses, to be LAWS RELATING TO ARMY AND NAVY PENSIONS. 91 )ved by the Secretary of the Interior, thirty- five thou- id dollars. For rents, eighteen thousand two hundred dollars. . 2. That the Secretary of the Interior is hereby author- Payment of d and directed to arrange the various agencies for the pay- sum agents. ntof pensions in three groups as he may think proper, and y from time to time change any agency from one group another as he may deem convenient for the transaction the public business. The first group shall make their arterly payments of pensions on January fourth, April , July fourth, and October fourth of each year; the ond group shall make their quarterly payments of pen- ns on February fourth, May fourth, August fourth, and vember fourth of each year ; and the third group shall ke their quarterly payments of pensions on March fourth, ae fourth, September fourth, and December fourth of ;h year. The Secretary of the Interior is hereby fully :horized to cause payments of pensions to be made for fractional parts of quarters created by such change, so to properly adj ust all payments as herein provided. Sec- forty-seven hundred and sixty-four of the Re vised ttutes is hereby so amended as to conform to the changes the time of payments provided herein, and is made ap- 3able thereto. ['he sum of fifteen thousand dollars is hereby appropri- d to meet the expenses involved in carrying into effect changes herein provided for. JEC. 3. That the same power to administer oaths and oaths, special e affidavits, which by virtue of section forty- seven hun- minister. d and forty-four of the Eevised Statutes is conferred on clerks detailed by the Commissioner of Pensions from office to investigate suspected attempts at fraud on the vernment through and by virtue of the pension laws, 1 to aid in prosecuting any person so offending, shall be, 1 is hereby, extended to all special examiners or addi- aal special examiners employed under authority of Con- ss to aid in the same purpose. Approved, March 3, 1891. See Revised Statutes, section 4764, p. 103.) 92' LAWS RELATING TO ARMY AND NAVY PENSIONS. AN ACT making appropriations for the payment of invalid and othe pensions of the United States for the liscal year ending June thirtieth eighteen hundred and ninety-four, and for other purposes. The Act entitled as above, and approved March 1, 1893, after appropriating certain sums for the payment of pensions, pro vides as follows : Fees of exam- Each member of each examining board shall, as now ining surgeons. authorized by law, receive the sum of two dollars for the examination of each applicant whenever five or a less num ber shall be examined on any one day, and one dollar foi the examination of each additional applicant on such day Provided, That if twenty or more applicants appear on on< day, no fewer than twenty shall, if practicable, be examinee on said day, and that if fewer examinations be then made twenty or more having appeared, then there shall be paie for the first examinations made on the next examinatioi day the fee of one dollar only until twenty examination! shall have been made : Provided further, That no fee shal be paid to any member of an examining board unless person ally present and assisting in the examination of applicant NO payment to That from and after July first, eighteen hundred HIM non-resident, when. ninety- three, no pension shall be paid to a non resident who is not a citizen of the United States, except for actua disabilities incurred in the service. AN ACT making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and ninety-five, and for other purposes. ******* of n exam- For fees and expenses of examining surgeons for servicd ining surgeons. rendered w i tu i n the fiscal year eighteen hundred and ninety-five, one million dollars. And each member of each examining board shall, as now authorized by law, receivjj the sum of two dollars for the examination of each applican] whenever five or a less number shall be examined on any on day, and one dollar for the examination of each additional applicant on such day: Provided, That if twenty or more applicants appear on one day, no fewer than twenty shall. if practicable, be examined on said day, and that if fewer examinations be then made, twenty or more having ap- peared, then there shall be paid for the first examinations made on the next examination day the fee of one dollar only until twenty examinations shall have been made: Proridtd further, That no fee shall be paid to any member of an examining board unless personally present and assisting in LAWS RELATING TO ARMY AND NAVY PENSIONS. 93 e examination of applicant: Provided. That the report of Report of .vs. a in iin 111: s ar- ch examining surgeons when filed in the Pension Oniceg 601180 ? 61 *^ in- spection. all be open to the examination and inspection of the liinant or his attorney, under such reasonable rules and emulations as the Secretary of the Interior may provide. Approved, July 18, 1894. ACT making appropriations for the payment of invalid and other Act 2 Mar., 1895. tensions of the United States for the fiscal year ending June thirtieth, ighteen hundred and ninety-six, and for other purposes. Be it enacted by the Senate and House of Representatives of i United States of America in Congress assembled, That the lowing sums be, and the same are hereby, appropriated, t of any money in the Treasury not otherwise appropri- *d, for the payment of pensions for the fiscal year ending ne thirtieth, eighteen hundred and ninety-six, and for tier purposes, namely: For Army and Navy pensions, as follows : For invalids, dows, minor children, and dependent relatives, army rses, survivors and widows of the war of eighteen hun- ed and twelve and with Mexico, and the survivors and dows of the Indian wars of eighteen hundred and thirty- o to eighteen hundred and forty- two, inclusive, one hun- id and forty million dollars : Provided, That the appro- ation aforesaid for Navy pensions shall be paid from the some of the Navy pension fund, so far as the samo may sufficient for that purpose: Provided further. That the lount expended under each of the above items shall be counted for separately: And provided further, That so vi J^jfjf a f inst ich of the fourth proviso of an Act entitled "An ActP a ? ment to non - residents. iking appropriations for the payment of invalid and other nsions of the United States for the fiscal year ending June irtieth, eighteen hundred and ninety-four, and for other rposes," approved March first, eighteen hundred and lety- three, which reads as follows: "That from and after ly first, eighteen hundred and ninety-three, no pension all be paid to a nonresident who is not a citizen of the lited States, except for actual disabilities incurred in the [vice," be and the same is hereby repealed. For fees and expenses of examining surgeons for services Fees a . ml ex - idered within the fiscal year eighteen hundred and suing surgeons, aety-six, eight hundred thousand dollars. And each imber of each examining board shall, as now authorized law, receive the sum of two dollars for the examination each applicant whenever five or a less number shall be 94 LAWS RELATING TO ARMY" AND NAVY PENSIONS. examined on any one day, and one dollar for the examinal tion of each additional applicant on such day : Provided J That if twenty or more applicants appear on one day, noi fewer than twenty shall, if practicable, be examined on saidl day, and that if fewer examinations be then made, twentyj or more having appeared, then there shall be paid for the) first examinations made on the next examination day the! fee of one dollar only until twenty examinations shall havfl been made : Provided further, That no fee shall be paid t<| any member of an examining board unless personally presJ ent and assisting in the examination of applicant: Pro\\ gi^en^n report* 5 v ^ e ^7 That the report of such examining surgeons shall specifically state the rating which in their judgment thai applicant is entitled to. And it is further provided, That), from and after the passage of this Act, all pensioners on the rolls, who are pensioned at less than six dollars per] rate. crease * $6 nionth, for any degree of pensionable disability, shalHiave their pensions increased to six dollars per month 5 and that hereafter, whenever any applicant for pension, would; under existing rates, be entitled to less than six dollars for any single disability, or several combined disabilities, such pensioner shall be rated at not less than six dollars perl month : Provided also, That the provisions hereof shall not] be held to cover any pensionable period prior to the pas-j sage of this Act, nor authorize a re-rating of any claims forj any part of such period, nor prevent the allowance of lower! rates than six dollars per month, according to the existing) practice in the Pension Office in pending cases coverinj any pensionable period prior to the passage of this Act. For salaries of eighteen agents for the payment of pen- sions, at four thousand dollars each, seventy-two thousand] dollars. For clerk hire, four hundred and fifty thousand dolls Provided, That the amount of clerk hire for each agem shall be apportioned as nearly as practicable in proporti< to the number of pensioners paid at each agency, and salaries paid shall be subject to the approval of the retary of the Interior, but the appointment of the clerk tel sign official checks, who shall receive the same compenstij tion at each agency as was paid during the fiscal year end) ing June thirtieth, eighteen hundred and ninety-four, shal be made by the pension agent without other or furthei] approval. For fuel, seven hundred and fifty dollars. For lights, seven hundred and fifty dollars. For stationery and other necessary expenses, to be a| LAWS RELATING TO ARMY AND NAVY PENSIONS. 95 Dved by the Secretary of the Interior, thirty-five thousand liars. For rents, twenty-three thousand and seventy dollars. Approved, March 2, 1895. ACT making appropriations for the payment of invalid and other Act 6 Mar., elisions of the United States for the iiscal year ending June thir- 189C ' eth, eighteen hundred and ninety-seven, and for other purposes. Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled, That the owing 1 sums be, and the same are hereby, appropriated, of any money in the Treasury not otherwise appropri- d, for the payment of pensions for the fiscal year ending thirtieth, eighteen hundred and ninety-seven, and for er purposes, namely : Tor Army and Navy pensions, as follows: For invalids, lows, minor children, and dependent relatives, army rses, survivors and widows of the war of eighteen hun- d and twelve and with Mexico, and the survivors and Lows of the Indian wars of eighteen hundred and thirty- to eighteen hundred and forty-two, inclusive, one ndred and forty million dollars: Provided, That the ap- priation aforesaid for Navy pensions shall be paid from income of the Navy pension fund, so far as the same y be sufficient for that purpose: Provided further. That amount expended under each of the above items shall accounted for separately. ^hat whenever a claim for pension under the Act of June Date of com- enty-seventh, eighteen hundred and ninety, has been, order Act 27 June 1 , ill hereafter be, rejected, suspended, or dismissed, and a v application shall have been, or shall hereafter be, filed, 1 a pension has been, or shall hereafter be, allowed in h claim, such pension shall date from the time of filing first application, provided the evidence in the case 11 show a pensionable disability to have existed, or to at, at the time of filing such first application, anything any law or ruling of the Department to the contrary withstanding. fees and expenses of examining surgeons for services Fees a P (l ex x ' pcuscs ol exani- dered within the fiscal year eighteen hundred and ninety- ining surgeons. en, seven hundred and fifty thousand dollars. And each mber of each examining board shall, as now authorized law, receive the sum of two dollars for the examination h applicant whenever five or a less number shall be mined on any one day, and one dollar for the examina- 96 LAWS RELATING TO ARMY AND NAVY PENSIONS. tion of each additional applicant on such day : Providea That if twenty or more applicants appear on one day, ni fewer than twenty shall, if practicable, be examined 01 said day, and that if fewer examinations be then mad< twenty or more having appeared, then there shall be paij for the first examinations made on the next examinatioi day the fee of one dollar only until twenty examinatioi shall have been made: Provided further, That no fee shal be paid to any member of an examining board unless peij; sonally present and assisting in the examination of applj Ratings to be cant i Provided, That the report of such examining surge* >w shall specifically state the rating which in their judgme the applicant is entitled to. For salaries of eighteen agents for the payment of pei sions, at four thousand dollars each, seventy- two thousand dollars. For clerk hire, four hundred and fifty thousand dollar^ Provided, That the amount of clerk hire for each age J shall be apportioned as nearly as practicable in proportiol] to the number of pensioners paid at each agency, and th- salaries paid shall be subject to the approval of the Secr^j tary of the Interior. For fuel, two hundred and fifty dollars. For lights, five hundred dollars. For stationery and other necessary expenses, exclusr of clerical services, to be approved by the Secretary of th) Interior, thirty thousand dollars. For rents, twenty- five thousand eight hundred and thii dollars. Approved, March 6, 1896. A o t 13 Mar., AN ACT regulating proof of death in certain pension cases. Be it enacted by the Senate and House of Representatives i] Death ?T*-the United States of America in Congress assembled, That j| absence. considering claims filed under the pension laws, the deal of an enlisted man or officer shall be considered as sufll ciently proved if satisfactory evidence is produced establisl] ing the fact of the continued and unexplained absence such enlisted man or officer from his home and family f<] a period of seven years, during which period no intelligent] Pension ceases, of his existence shall have been received. And any sion granted under this Act shall cease upon proof th;| such officer or enlisted man is still living. Approved, March 13, 1896. LAWS RELATING TO ARMY AND NAVY PENSIONS. 97 N ACT making .appropriations for the legislative, executive, and Act 28 May, judicial expenses of the Government for the fiscal year ending June ! . thirtieth, eighteen hundred and ninety-seven, and for other purposes. Be it enacted by the Ken-ate and II ouxe of Representatives of ,e United States of America, in Congress assembled. That Legislative, executive, and ie following sums be, and the same are hereby, appro- judicial expense. . , , ,. ,, m . appropriations. riated, out ot any money i the Treasury not otherwise >proprinted, in full compensation for the service of the seal year ending June thirtieth, eighteen hundred and inety-seveu, for the objects hereinafter expressed, namely: ####### PENSION OFFICE: For the Commissioner of Pensions, Pension office, ve thousand dollars; First Deputy Commissioner, three lousaud six hundred dollars; Second Deputy Commis- oner, three thousand six hundred dollars; chief clerk, vo thousand two hundred and fifty dollars; assistant jief clerk, two thousand dollars; medical referee, three lousand dollars; assistant medical referee, two thousand vo hundred and fifty dollars; two qualified surgeons ho shall be experts in their profession, at two thousand ollars each ; thirty-eight medical examiners who shall be irgeons of education, skill, and experience in their pro- ssion, atone thousand eight hundred dollars each; ten liefs of division, at two thousand dollars each; law erk, two thousand dollars; fifty-eight principal exam- ers, at two thousand dollars each; twenty assistant chiefs " division, at one thousand eight hundred dollars each; iree stenographers, at one thousand six hundred dollars ich; seventy clerks of class four; eighty-five clerks of ass three; three hundred and fifty clerks of class two; ur hundred and thirty-eight clerks ot class one; two huii- red and eighty-seven clerks, at one thousand dollars each ; iperintendeut of building, one thousand four hundred dol- rs; two engineers, atone thousand two hundred dollars ach; one hundred and seventy- five copyists; thirty-three essengers; twelve assistant messengers; twenty messeu- er boys, at four hmidred dollars each; one painter, skilled his trade, nine hundred dollars; one cabinet- maker, killed in his trade, nine hundred dollars; captain of the atch, eight hundred and forty dollars; three sergeants of he watch, at seven hundred and fifty dollars each ; twenty atchmen; three firemen; twenty-five laborers; five female borers, at four hundred dollars each; and fifteen char- omen; in all, two million and eighty-six thousand seven undred and ten dollars. 532302 7 98 LAWS RELATING TO ARMY AND NAVY PENSIONS. Per diem, etc., For per diem, when absent from home and traveling oil duty outside the District of Columbia, for special exam] iners or other persons employed in the Bureau of Pensions] detailed for the purpose of making special investigation! pertaining to said Bureau, in lieu of expenses for subsist] ence, not exceeding three dollars per day, and for actual and necessary expenses for transportation and assistance and any other necessary expenses, including telegram! Proviso. five hundred thousand dollars: Provided. That two special Chief and as- sistant, special examiners, or clerks, detailed and acting as chief and as- sistant chief of the division of special examiners, may allowed from this appropriation, in addition to their salaj ries and in lieu of per diem and all expenses for subsisti ence, a sum sufficient to make their annual conipensatioi two thousand dollars and one thousand eight hundred dol- lars, respectively, and whenever it may be necessary : either of them to travel on official business outside thi District of Columbia by special direction of the Commisj sioner, he shall receive the same allowance in lieu of sun sistence and for transportation as is herein provided foi special examiners and detailed clerks engaged in field sei ice; and the Secretary of the Interior shall so apportiJ the sum herein appropriated as to prevent a deficiency therein. Additional For an additional force of one hundred and fifty spccia special exam- examiners for one year, at a salary of one thousand thre< hundred dollars each, one hundred and ninety-five thou sand dollars ; and no person so appointed shall be employed in the State from which he is appointed; and any of thos< now employed in the Pension Office or as special examine^ may be reappointed if they be found to be qualified. Books. For the purchase of statutes and other necessar books for the Pension Office, two hundred and fifty dollars * # # Approved, May 28, 1896. AN ACT making appropriation for the payment of invalid ;iml othd pensions of the United States for the fiscal year ending June thil tieth, eighteen hundred and ninety-nine, .and for other purposes. LAWS RELATING TO ARMY AND NAVY PENSIONS. 99 dows, minor children, dependent relatives, army nurses, d all other pensioners who are now borne on the rolls, who may hereafter be placed thereon, under the pro- sions of any and all acts of Congress, one hundred and -ty million dollars: Provided, That the appropriation oresaid for navy pensions shall be paid from the income the navy pension fund, so far as the same may be suffi- mt for that purpose: Provided farther, That the amount id to each of the several classes of pensioners shall be iounted for separately : Provided further, That hereafter pensions shall be paid upon power of attorney from nsioners residing in foreign countries. For lees and expenses of examining surgeons for services ndered within the fiscal year eighteen hundred and ncty-nine, seven hundred thousand dollars. And each imber of each examining board shall, as now authorized law, receive the sum of two dollars for the examination each applicant whenever five or a less number shall be amined on any one day, and one dollar for the examina- on of each additional applicant on such day: Provided. lat if twenty or more applicants appear on one day, no wer than twenty shall, if practicable, be examined on id day, and that if fewer examinations be then made, venty or more having appeared, then there shall be paid r the first examinations made on the next examination ay the fee of one dollar only until twenty examinations lall have been made: Provided further, That no fee shall paid to any member of an examining board unless jrsonally present and assisting in the examination of >pli(;ant: Provided, That the report of such examining irgeons shall specifically state the rating which in their dgmeut the applicant is entitled to. For salaries of eighteen agents for the payment of pen- on s, at four thousand dollars each, seventy -two thousand ollars. For clerk hire, four hundred and fifteen thousand dollars : 'rovided, That the amount of clerk hire for each agency lall be apportioned as nearly as practicable in proportion i the number of pensioners paid at each agency, and the ilaries paid shall be subject to the approval of the Secre- iry of the Interior. For fuel, two hundred and fifty dollars. For lights, five hundred dollars. For rents, sixteen thousand and eighty dollars. For stationery and other necessary expenses, thirty lousand dollars. Approved, March 14, 1898. nil i 1 100 LAWS RELATING TO ARMY AND NAVY PENSIONS. AN ACT Making appropriations for the payment of invalid andotheJ; pensions of the United States for the fiscal year ending Juno thirl tieth, nineteen hundred, and for other purposes. Be it enacted by the Senate and House of Representatives, of the United /States of America in Congress (itweinhled, That the following sains be, and the same are hereby^, appropriated, out of any money in the Treasury not otkerj! wise appropriated, for the payment of pensions for thil fiscal year ending June thirtieth, nineteen hundred, and for other purpose, namely : For army and navy pensions, as follows: For invalids, widows, minor children, dependent relatives, army nurses^ and all other pensioners who are now borne on the rolls, or who may hereafter be placed thereon, under the provision! of any and all acts of Congress, one hundred and forty-four million dollars : Provided, That the appropriation aforesai for navy pensions shall be paid from the income of the na pension fund, so far as the same may be sufficient for th purpose: Provided further, That the amount paid to each of the several classes of pensioners shall be accounted fof separately. For fees and expenses of examining surgeons for services rendered within the fiscal year nineteen hundred, seven hundred thousand dollars. And each member of each exan% ining board shall, as now authorized by law, receive the sum of two dollars for the examination of each applicant when- ever five or a less number shall be examined on anyone da$ and one dollar for the examination of each additional appli- cant on such day: Provided, That if twenty or more appli- cants appear on one day, no fewer than twenty shall, if practicable, be examined on said day, and that if fewer examinations be then made, twenty or more having ap- peared, then there shall be paid for the first examination* made on the next examination day the fee of one dollar only until twenty examinations shall have been made: Provided further, That no fee shall be paid to any member of an examining board unless personally present and assist ing in the examination of applicant: Provided, That the report of such examining surgeons shall specifically state the rating which in their judgment the applicant is ent tied to. For salaries of eighteen agents for the payment of peri- sions, at four thousand dollars each, seventy-two thousanl dollars. For clerk hire, four hundred and fifteen thousand dol- lars: Provided, That the amount of clerk hire for each LAWS RELATING TO ARMY AND NAVY PENSIONS. 101 p ency shall be apportioned as nearly' as practicable in oportion to the number of penstoner^ p.-iM at -.irli eucy, and the salaries paid shall be -subject to the >proval of the Secretary of the Interior. For fuel, two hundred and fifty dollars. For lights, five hundred dollars. For rents, sixteen thousand and eight dollars. For stationery and other necessary expenses, thirty ousand dollars. Approved February 4, 1899. ACT To provide for temporarily increasing the military establish- iient of the United States in time of war, and for other purposes. Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, ******* SEC. 12. That all officers and enlisted men of the Vol- teer Artny, and of the militia of the States when in the rvice of the United States, shall be in all respects on the me footing as to pay, allowances, and pensions as that officers and enlisted men of corresponding grades in the 3gular Army. ******* Approved, April 22, 1898. AN ACT for the relief of the Fourth Arkansas Mounted Infantry. Whereas during the latter part of eighteen hundred and sty three and the early part of eighteen hundred and xty-four, under authority of Major-General Frederick ;eele, dated October twenty- third, eighteen hundred and xty-three, in northwestern Arkansas, several hundred en were recruited in Arkansas for the United States rmy, and organized the Fourth Arkansas Mounted In- ntry Volunteers, under the command of Elisha Baxter, ilonel commanding, and were put into active service in rkn nsas with other United States soldiers there, and ere furnished arms, ammunition, and uniforms by the nited States Government, and participated in several ittles, and lost a number of men in killed and wounded; Hi Whereas said regiment was disbanded in June, eighteen nndred and sixty-four, at Devall Bluff. Arkansas, with- it having been actually mustered into the service of the 102 LAWS RELATING TO ARMY AND NAVY PENSIONS. United Stares, and most of the members thereof then enlisted IM other United States regiments, having then served as members of the said Fourth Arkansas Mounted Infantry for a period of from six to eight months; and Whereas on account of never having been mustered into the Army of the United States the names of the members of said regiment do not appear on the rolls of the Army, and the members of said regiment have never received any pay for said services; and Whereas Congress, by joint resolution approved March eighteenth, eighteen hundred and seventy, authorized the War Department to pay such claims as were satisfactorily proven, but, through the avarice of claim agents or others, rolls of the members of said regiment were made up largely in excess of the actual membership of said regi- ment, and this without the knowledge or fault of the ac- tual members thereof, which led the War Department to refuse to make any payment thereon whatever; and Whereas there remain about one hundred members said regiment, now old and decrepit, and nearly all destitute circumstances, to whom the pay so long due them from the Government would be a great relief in their declining years: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and is hereby, authorized and directed to appoint and detail a competent and experi- enced officer of the United States Army as referee, who shall have authority to administer oaths, who shall give notice of the times and places of taking testimony in the State of Arkansas or elsewhere, if necessary, that claim- ants and their witnesses may appear before him, and shall carefully examine into the facts and take proof upon the claims for service of the members of the Fourth Arkansas Mounted Infantry, and return the same, together with his report thereon, to the Secretary of War; and that t Secretary of War is hereby directed to pay such claims the members of said regiment, or to their heirs, as he sha be satisfied are due under the joint resolution of Congress approved March eighteenth, eighteen hundred and seventy: Said officer shall receive conpemsation for actual expeus incurred under the provisions hereof. Approved, February 27, 1899. LAWS RELATING TO ARMY AND NAVY PENSIONS. ACT for the relief of the sufferers by the destruction of the United States steamer Maine in the harbor of Havana, Cuba. Be it enacted by the Senate and House of Representatives the United 8tates of America in Congress assembled. That reimburse the survivors of the officers and crew of the nited States steamer Maine, destroyed by an explosion in lie harbor of Havana, Cuba, on the fifteenth day of Febru y, eighteen hundred and ninety-eight, for losses incurred |y them, respectively, in the destruction of said vessel, Hi-re shall be paid to each of said survivors, out of any iioney in the Treasury of the United States not otherwise Ippropriated, a sum equal to the losses so sustained by leni : Provided, That the accounting officers of the Treas- ry shall in all cases require a schedule and affidavit from [ach person making a claim under this Act, such schedule lo be approved by the Secretary of the Navy; and reim- ursement shall be made for such articles of clothing, out- it, and for such personal effects only as are of a character nd value and in quantity suitable and appropriate to the |ank or rating and duty of the person by whom the claim made: Provided further, That in no case shall the aggre- gate sum allowed for such losses exceed the amount of ;welve months' sea pay (without rations) of the grade or hating held by such person at the time the losses were incurred. SEC. 2. That the widow, child, or children, and in case Inhere be not such, that the parent or parents, and if there no parent, the brothers and sisters, of the officers, en- |listed men, and others who were lost in the destruction of lid vessel, or who have died or who may die within one r ear from date of the disaster in consequence of injuries ;eived in the destruction of said vessel, shall be entitled ;o and shall receive, out of any money in the Treasury of ;he United States not otherwise appropriated, to wit: The jlative, in the order named, of the persons heretofore re- Iferred to, a sum equal to twelve months' sea pay of the [grade or rating of each person deceased as aforesaid: Pro- \vided, That the legal representatives of the deceased persons hereinbefore referred to shall also be paid from the Treas- ury of the United States any arrears of pay due the deceased at the time of their death: Provided further, That if any person who shall receive reimbursement under this Act, for losses incurred in said disaster, shall die within the year in consequence of injuries incurred in the destruction of said vessel, the amount so paid shall be deducted from the amount of twelve months' sea pay (without rations) allowed to such beneficiary by virtue of this Act of relief. 103 104 LAWS RELATING TO ARMY AND NAVY PENSIONS. SEC. 3. That the accounting officers of the Treasury be. and they are hereby, authorized to continue for a period 01 three months any allotments which may have been made in favor of any relatives of the degrees hereinbefore enu merated by any of the officers and men attached to tin United States ship Maine who lost their lives in or in con sequence of the disaster to that vessel : Provided, That th< amount of the allotments so continued shall be deductei from the amount of twelve months' sea pay allowed t< such beneficiaries by virtue of this Act for their relief. SEC. 4. That the relief granted by the provisions of thi Act shall be in full satisfaction of any and all claims what ever against the United States on account of losses 01 death by the destruction of the United States stearne- Maine; and any claim against the United States whicl shall be presented and acted upon under the authority o this Act shall be held to be finally determined and shal not in any manner thereafter be reopened, reconsidered supplemented nor be subject to appeal in any form ; am the method of presenting and establishing said claim hereinbefore presented shall be followed in lieu of thos< prescribed by acts or parts of acts heretofore enacted re lating to the presentation and allowance of similar claims Provided, That nothing herein shall affect the right of an? of the beneficiaries under this Act to any pension to whicl they may be entitled under existing law after the expira tion of one year from said fifteenth day of February eighteen hundred and ninety-eight. SEC. 5. That no claims shall be allowed under the pro visions of this Act which shall not be presented withii two years after the date of its passage. SEC. 6. That the Secretary of the Navy be, and he i hereby, authorized, whenever in his discretion it may l>- deemed practicable and expedient, to cause the remains o all or any of those who perished in consequence of sai< disaster to be removed to the United States cemetery a Arlington: Provided, That the relatives of any of sucl deceased officers and others mentioned in this Act win prefer that the remains of such be taken to their home; within the United States shall have such privilege ex tended to them, and the expense thereof shall be borne b; the United States; and the sum of ten thousand dollars or so much thereof as may be necessary, is hereby appro priated, out of any money in the Treasury not other wisi appropriated, to carry out the provisions of this section. Approved, March 30, 1898. ATHS; EXECUTION OF PAPERS AND EVIDENCE IN PENSION CLAIMS. c.1778. Oathsoracknowledgments, before whom Act July 26, 1892. Declarations and other papers, taken. before whom executed. c. 4714. Declarations, executed be fore court of I Act August 23, 1894. Fourth-class postmasters, record. power to execute vouchers. July 1, 1890. Declarations, affidavits, and quarterly vouchers, to be executed before whom. int resuhitiun, September 1, 1890. Declarations affidavits, and other papers, executed Act August 29, 1890. Appropriations for clerical force and other expenses ; chief clerks to administer oaths without fee; offi- cers on retired list debarred from re- ceiving pension. before whom. n^^ SEC. 1778. In all cases in which, under the laws of the k o a ^ 1 1 ^ nited States, oaths or acknowledgments may now iken or made before any justice of the peace of any Statet-ircuit court commissioners. Territory, or in the District of Columbia, they may here e 'ter be also taken or made before or by any notary public ily appointed in any State, district, or Territory, or any the commissioners of the circuit courts, and, when certi- fied under the hand and official seal of such notary or com- missioner, shall have the same force and effect as if taken jjr made by or before such justice of the peace. ^ffice of commissioners of circuit courts abolished, and United States commissioners created by Section 19, Act approved May 28, 1896. (29 Stat. ., 184.) SEC. 4714. Declarations of pension claimants shall be Declarations lul J must be executed ^iade before a court of record, or before some officer thereof Before a court of aving custody of its seal, said officer hereby being fully ' uthorized and empowered to administer and certify any ISTS;' sec. 3, 'i 1 ath or affirmation relating to any pension or application : Provided, That the Commissioner of Pensions may esignate, in localities more than twenty-five miles distant om any place at which such court is holden, persons duly nalified to administer oaths, before whom declarations may e made and testimony taken, and may accept declarations f claimants residing in foreign countries made before a T nited States minister or consul, or before some officer of he country duly authorized to administer oaths for general urposes, and whose official character and signature shall >e duly authenticated by the certificate of a United States 105 106 LAWS RELATING TO ARMY AND NAVY PENSIONS. minister or consul; declarations in claims of Indians mad< before a United States agent; and declarations in claims sec. 21, 3 Mar., under the provisions of this Title relating to pensions foi servkies in the war of eighteen hundred and twelve, m;ul< before an officer duly authorized to administer oaths foi general purposes, when the applicants, by reason of infirm] ity of age, are unable to travel : Provided, That any declan tion made before an officer duly authorized to adiniuistej oaths for general purposes shall be accepted to exempt claim from the limitation as to date of filing prescribed ii section forty-seven hundred and nine. The above Section amended and extended by the following Acts approved July 1, 1890, September 1, 1890, and Jul\ 26, 1892: Act 1 July, 1890. AN ACT in relation to oaths in pension and other cases. Be it enacted by the Senate and House of Represcntativ Declarations the United States of Americain Congress assembled, That and all affidavits and declarations to be hereafter made o| used in any pension or bounty cases, or in claims again}) the Government for back pay or arrears or increase of pel sion, or for quarterly vouchers, may be taken by any offi< authorized to administer oaths for general purposes in thj State, city, or county where said officer resides. If sucl officer has a seal and uses it upon such paper, no certificatj of a county clerk, or prothouotary, or clerk of a court shal be necessary; but when no seal is used by the officer taking such affidavit, then a clerk of a court of record, or a count] or city clerk, shall affix his official seal thereto, and shail certify to the signature and official character of said officei) Approved, July 1, 1890. Joint Resolu- JOINT RESOLUTION amending and construing the Act approi tion, 1 Sept., 1890. July firg ^ ^ghteen hundred and ninety, in relation to oaths in sion and other cases. Resolved by the Senate and House of Representatives of oaths. United States of America in Congress assembled, That th Act approved July first, eighteen hundred and ninety) entitled "An Act in relation to oaths in pension and otlx cases," be and the same is hereby, amended and construe to mean that when declarations, affidavits, and other paper! who authorized, are verified by justices of the peace and other officers dulj authorized by law to administer oaths for general purpose but not required by law to have seals, the official charactei) LAWS RELATING TO ARMY AND NAVY PENSIONS 107 ^nature, and term of service of such justice or other icer shall be certified by the clerk of the county or court record or other proper officer, under the seal of such unty or court or public officer, in the department or reau in which such papers are to be used; and one such rtificate duly filed in such department or bureau, or with y pension agent, shall be sufficient as to all verifications such officer during his official term, and all papers here- before or hereafter filed shall be subject to this rule. Approved September 1, 1890. ACT in relation to the execution of declarations and other papers in pension claims." 1 Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled. That Declarations , , , , , , ,, and other papers ;clarations of pension claimants shall be made before a in pension claims , , f, nf, ., /. n before whom ex- urt of record, or before some officer thereof having cus- eeuted. dy of its seal, or before some officer who, under the laws his State, city, or county, has authority to administer ths for general purposes; and said officers are hereby ly authorized and empowered to administer and certify y oath or affirmation relating to any pension or applica- m therefor: Provided, That where such declarations or officers not re- her papers are executed before an officer authorized as seaf to ove but not required by the laws of his State to d use a seal to authenticate his official acts, he shall file the Pension Bureau a certificate of his official character, owing his official signature and term of office, certified a clerk of a court of record or other proper officer of e State as to the genuineness thereof; and when said [tificate has been filed in the Bureau of Pensions his r n certificate will be recognized during his term of office. SEC. 2. That the Commissioner of Pensions may accept claratious and other papers of claimants residing in reign countries made before a United States minister or nsul or other consular officer, or before some officer of the uutry duly authorized to administer oaths for general irposes, and whose official character and signature shall duly authenticated by the certificate of a United States mister or consul or other consular officer; And declarations in claims of Indians mav be made Declarations in claims of In- * TT 'L i on T -i. ifore a United States Indian agent. SEC. 3. That any and all declarations or affidavits now Declarations file in the Pension Bureau which are considered informal ' reason of not having been executed in conformity to the g e r d. act8 made * For Cuba and Porto Rico see p. 109. 108 ,AWS RELATING TO ARMY AND NAVY PENSIONS Repeal. laws heretofore in force covering such, and in which it shown or may be hereafter shown by proper evidence tin the same were executed by and before an officer who was duly authorized to administer oaths for general purpose at said date of execution, shall be accepted as formal from date of filing such declarations or affidavits. SEC. 4. That all acts and parts of acts inconsistent witl the provisions of this Act are hereby repealed. Approved, July 26, 1892. Act 23 Aug., AN ACT empowering fourth-class postmasters to administer oaths to j 894- pensioners. Vouchers may Be it enacted by the Senate and House of Representative^ fore fourth class of the United States of America in Congress assembled. That] hereafter, in addition to the officers now authorized to ad- minister oaths in such cases, fourth-class postmasters oil the United States are hereby required, empowered, and authorized to administer any and all oaths required to b0] made by pensioners and their witnesses in the executioi of their vouchers with like effect and force as officers hi ing a seal; and such postmaster shall affix the stamp of office to his signature to such vouchers, and he is authi ized to charge and receive for each voucher not exceeding twenty-five cents, to be paid by the pensioner. Approved, August 23, 1894. Act 29 Aug., AN ACT making appropriations for additional clerical force and othi 1890 ' expenses, etc. Be it enacted by the Senate and House of Representatives oj the United States of America in Congress assembled, * ****** oaths. And no officer, clerk, or employee of any executive depart-] meut who is also a notary public or other officer authorized] to administer oaths, shall charge or receive any fee or com pensation for administering oaths of office to employees oj| such department required to be taken on appointment 01 promotion therein. chief clerks to And the chief clerks of the several Executive Depa administer. ments and of the various bureaus and offices thereof if Washington, District of Columbia, are hereby authorized and directed, on application and without coinpensntioi therefor, to administer oaths of office to employees requirecj to be taken on their appointment or promotion. officer on re SEC. 2. Hereafter no officer of the Army, Xavy or Mariiil Corps on the retired list shall draw or receive any pensiot] under any law. Approved, August 29, 1890. LAWS RELATING TO ARMY AND NAVY PENSIONS. 109 Circular No. 11. ) WAR DEPARTMENT, Amir ' " l f ^hington, March 38, 1899. The following is published for the information and guid- ice of all concerned : Hereafter all oaths administered out of Cuba or Porto Rico, ill thenticatioii of le^al documents to bo used in Cuba or Porto Rico, all be held valid when duly administered and taken according to e law of the place where taken, and when the official character of e officer administering such oath is duly authenticated by the cer- icatc of the officer who is custodian of the official record of his pointmeut, election, or qualification. Iii order to facilitate the transaction of legal and com- ercial intercourse in the matter of authentication of legal jcuments between the United States and the islands of aba and Porto Eico, there will be kept at the headquar- rs of each military department in these islands a com- ete list of notaries public resident in the department, getlier with their signs, seals, and signatures; and it is 3reby made the duty of the assistant adjutant -general or sting assistant adjutant-general of the department to Ttify, when necessary, to the official character of any such Dtary public or other civil officer authorized by law to [minister oaths. Lists of notaries public, showing their official residences, getber with their signs, seals, and signatures, will be for- arded at once by department commanders in Cuba and orto Eico direct to the Assistant Secretary of War. G. >. MEIKLEJOHN, Acting Secretary of War. LAWS RELATING TO PENSION AGENTS AND PAYMENT PENSIONS. tfl SEC. 4764. Pension agents to send quarterly vouchers to each pensioner. Act March 3, 1891. Payment of pension by pen- sion agents, amending Sec. 4764. SEC. 4765. Checks to be drawn to order of each pensioner. Act March 1, 1889. Mailing of pension agent's check constitutes payment ; accrued pension; United States officers to administer oaths. SEC. 4766. Pensions to be paid only to persons en- titled. Act February 26, 1881, amending Sec. 4766. Act August 7, 1882. Pensions due inmates of National Home to be paid to treas- urer of Home. Act August 7, 1882. Payment of pension to in- sane persons, inmates of National Home for Disable I Volunteer Sol- diers; admission to Government Hospital for the Insane. Act August 8, 1882, amending Sec. 4766. Pension to be paid only to persons entitled; payment of pension due insane pen- sioner; Commissioner to visit pen- sion agencies; payment to persons residing in foreign countries. Act March 3, 1883. Inmates of Soldiers' Home located at Washington, D. C., pay- ment of pension to and allotment of pension by. Pension agents S EC . 4764. Within fifteen days immediately preceding] vouche u to e e acn" fourth day of March, June, September, and December inea j year, the several agents for the payment of pensions sliil 1870.' ] ^ prepare a quarterly voucher for every person whose peil sion is payable at his agency, and transmit the same b mail, directed to the address of the pensioner named in suQ voucher, who, on or after the fourth day of March, JunJ September, and December next succeeding the date of sue voucher, may execute and return the same to the agency al which it was prepared, and at which the pension of sue] person is due and payable. The above Section amended by tKe following Act: SEC. 4TG7. Blanks for vouchers: notice. SEC. 4768. Certificate of pension and article^" agreement forwarded to ponsij agent. SEC. 4769. Fees deducted by pension agent. SEC. 4770. Now Sec. 3646, Ilevised Statutes. SEC. 3646. Pension agent's check lost, stole destroyed. SEC. 4778. Pension agent's appointment and of office. Act March 8, 1878, amending Sec. 47' SEC. 4779. Bond of pension agents. SEC. 4780. Pension agencies, establishment of. SECS. 4781 and 4782 repealed by Act June 14, If I Reference: January 25, 1879; March 3, 1879; Jnj 4, 1884, and March 3, 1885. Act June 14, 1878. Pension agents' salaries; sion agencies, expenses of. SEC. 4784. Pension agents and their clerks f < affidavit without fee. Act March 23, 1896, repealing Sec. 4784. Act August 7, 1882. Government Hospital the Insane ; insane persons from Ml tional Home for Disabled Voluntel Soldiers to be admitted to ; payraf | of pension to same. 110 LAWS RELATING TO ARMY AND NAVY PENSIONS. Ill f ACT making approprifttionfl for tlie payment of invalid and other Act 3 Mar., 1891. asions of the I'nitrd States, for the fiscal year ending June"" thirtieth, eighteen hundred and ninety-two, and for other purposes. * * * * * * Si:c.2. That the Secretary of the Interior is hereby author- Payment of .(1 mid directed to arrange the various agencies for the pay -^ cent*! '" [nl of pensions in three groups, as he, may think proper, and \ ember fourth of each year; and the third group shall ake their quarterly payments of pensions on March fourth, ne fourth, September fourth, and December fourth of ch year. The Secretary of the Interior is hereby fully thorized to cause payments of pensions to be made for e fractional parts of quarters created by such change, so to properly adjust all payments as herein provided. Sec- >n forty-seven hundred and sixty-four of the Revised atutes is hereby so amended as to conform to the changes the time of payments provided herein, and is made ap- icable thereto. The sum of fifteen thousand dollars is hereby apprOpri- ed to meet the expenses involved in carrying into effect e changes herein provided for. SEC. 4765. Upon the receipt of such voucher, properly check to be ecuted, and the identity of the pensioner being estab- elch pe^oner^ hed and proved in the manner prescribed by the Secre- sc. 2, s July, ry of the Interior, the agent for the payment of pensions '* all immediately draw his check on the proper assistant usurer or designated depositary of the United States for e amount due such pensioner, payable to his order, and uismit the same by mail, directed to the address of e pensioner entitled thereto; but any pensioner may be quired, if thought proper by the Commissioner of Pen- ms, to appear personally and receive his pension. The above Section amended by the following Act: 112 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 1 Max., 1889. AN ACT relating to the payment of pensions where, subsequent 1 issuance of check, pensioner dies. Pension checks. * * * That a check or checks drawn by a pensiq agent in payment of pension due, and mailed by him f the address of the pensioner, shall constitute payinei; within the meaning of section forty seven hundred an sixty-five, Kevised Statutes, in the event of the death of pensioner subsequent to the mailing and before the receic of said check; and the amount which may have accrued d the pension of any pensioner subsequent to the last qua) terly payment on account thereof and prior to the death J such pensioner shall in the case of a husband be paid 1 ] his widow, or if there be no widow to his surviving mini children or the guardian thereof, and in the case of a wide cfte n8ioncertifi * her minor children: Provided, That hereafter wheuev- a pension certificate shall have been issued and the pej sioner mentioned therein dies before payment shall hs been made, leaving no widow and no surviving minor (Iron, the accrued pension due on said certificate to the of the death of such pensioner may in the discretion of Secretary of the Interior be paid to the legal representativ ofiSei^to admin 8 of said pensioner : And provided further, That hereafter United States officers now authorized to administer oa are hereby required and directed to administer any and oaths required to be made by pensioners and their witne in the execution of their vouchers for their pensions free charge. Approved, March 1, 1889. (See Sec. 4718, Eev. Stat., p. 77.) fti paTd oniy to* SEC - 4766 - Hereafter no pension shall be paid to sons entitled, person other than the pensioner entitled thereto, nor otl i8?o c ' 3> 8 July ' w ' se than according to the provisions of this title, am warrant, power of attorney, or other paper executed or pll porting to be executed by any pensioner to any attorn<[ claim-agent, broker, or other person shall be recognized; any agent for the payment of pensions, nor shall any pl| sion be paid thereon; but the payment to persons laboi under legal disabilities may be made to the guardians j such persons in the manner herein prescribed; and pensi< payable to persons in foreign countries may be made ing to the provisions of existing laws. The above Section amended by Ihe following Acts,appro\ February 26, 1881, August 7, 1882, and March 3, 1883: LAWS RELATING TO ARMY AND NAVY PENSIONS. 113 ACT making appropriations for the payment of invalid and other Act 26 Feb.. pensions of the United States for the fiscal year ending Juno thirtieth, ' ,. ighteen hundred and eighty-two, and for deficiencies and for other purposes. SEC. 2. All pensions payable, or to be paid under this Regulating . i -r-r / payment of pen- ct, to pensioners who are inmates of the National Home for sions to inmates isablcd Volunteer Soldiers, shall be paid to the treasurer diers treasurers of said home, upon security given to the satis- ction of the managers, to be disbursed for the benefit of e pensioners without deduction for fines or penalties under gulations to be established by the managers of the home 5 id payment to be made by the pension agent upon a cer- Icate of the proper officer of the home that the pensioner an inmate thereof and is still living. Any balance of the vision which may remain at the date of the pensioner's scharge shall be paid over to him ; and in case of his death the home, the same shall be paid to the widow, or children, in default of either to his legal representatives. Approved, February 26, 1881. ACT making appropriations for sundry civil expenses of the Gov- Act 7 Aug. arnment for the fiscal year ending June thirtieth, eighteen hundred 1882> and eighty-three, and for other purposes. "That all pensions and arrears of pensions payable or to Pensions, etc., % , i ,.due inmates of i paid to pensioners who are or may become inmates of National Home e National Home for Disabled Volunteer Soldiers, shall SeaJ^SfStc.* i paid to the treasurers of said Home, to be applied by ch treasurers as provided by law, under the rules and gulations of said Home. Said payments shall be made r the pension agent upon a certificate of the proper officer the Home that the pensioner is an inmate thereof on the y to which said pension is drawn. The treasurers of said ome, respectively, shall give security, to the satisfaction the managers of said Home, for the payment and appli- tion by them of all arrears of pension and pension mon s they may receive under the aforesaid provision. And ction two of the Act entitled 'An Act making appropria- 21 stat.L.,35o. [>ns for the payment of invalid and other pensions of the nited States for the fiscal year ending June thirtieth, ghteen hundred and eighty- two, and for deficiencies, and r other purposes,' approved February twenty-sixth, 532302 8 114 LAWS RELATING TO ARMY AND NAVY PENSIONS. eighteen hundred and eighty-one, is hereby revived an< continued in force." ******* Approved, August 7, 1882. Payment of AN ACT making appropriations for sundry civil expenses of the Ffona" Home, eminent for the fiscal year ending June 30, 1883, and for oth< purposes. ******* Provided, That in addition to the persons now entitled admission to said hospital, any inmate of the Nation* Home for 1 Disabled Volunteer Soldiers, who is now or may! hereafter become insane shall, upon an order of the presi I dent of the board of managers of the said National Home be admitted to said hospital and treated therein; and ii any inmate so admitted from said National Home is 01 thereafter becomes a pensioner, and has neither wife, niinoil child, nor parent dependent upon him, in whole or in parti for support, his arrears of pension and his pension rnonej accruing during the period he shall remain in said hospita shall be applied to his support in said hospital, and be paic'j over to the proper officer of said institution for the genei uses thereof. (Act of August 7, 1882, 22 Stat. L., 330.) Act 8 Aug., AN ACT to amend section forty-seven hundred and sixty-six, titlJ 1882. fifty-seven, of the Revised Statutes of the United States. Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, Thj section forty-seven hundred and sixty-six, title fifty-seven! of the Eevised Statutes of the United States is herebfl amended to read as follows: Pensions to be "SEC. 4766.* Hereafter no pension shall be paid to sns entitled per person other than the pensioner entitled thereto, nor oth< wise than according to the provisions of this title; and warrant, power of attorney, or other paper executed or pi porting to be executed by any pensioner to any attorney] claim agent, broker, or other persons shall be recognized b;| any agent for the payment of pensions, nor shall any p sion be paid thereon; but the payment to persons laborin: under legal disabilities may be made to the guardians such persons in the manner herein prescribed, and pension! payable to persons in foreign countries may be made accord! ing to the provisions of existing laws : Provided, That ij case of an insane invalid pensioner having no guardian, bi * Amended, Act March 3, 1899, pp. 121, 122; Act March 14, 1898, pp. 98, 99. LAWS RELATING TO ARMY AND NAVY PENSIONS. 115 aving a wife or children dependent upon him (the wife e eiug a womtiii of good character), the Commissioner of^ e ife paid to hi8 ^ensions is hereby authorized, in his discretion, to cause ic pension to be paid to the wife, upon her properly-exe- uted voucher, or in case there is no wife, to the guardian f the children, upon the properly-executed voucher of such uardian, and in like manner to cause the pension of invalid ensioners who are or may hereafter be imprisoned as pun- shinent for offenses against the laws to be paid while so mprisoned to their wives or the guardians of their children. d pensions to Indian pensioners residing in the Indian erritory may be paid in person by the pension agent, upon suitable voucher, at some convenient point in said Terri- ory, which, together with the form arid manner of identifi- ation of the pensioners, maybe prescribed by the Secretary F the Interior; such payments to be made in standard liver, at least once in each current year. And payments a person shall be made to the pensioner, in cash, by the ension agent whenever in the discretion of the Commis- loner of Pensions such personal payment shall be by him eemed necessary or proper to secure to the pensioner his ghts; and the necessary and actual expenses of such pen- ion agent in making such payments shall be paid by the ecretary of the Interior upon properly-executed vouchers, ut of the contingent fund appropriated for the use of the 'ension Office. The Commissioner of Pensions may. when . Commissioner to visit pension ti his judgment it shall be deemed necessary or proper, visit agencies. person, for the purpose of examination and inspection, or aay send any one or more of the officers of his bureau for lat purpose, any of the pension agencies or medical exam- ring boards or surgeons; and the necessary and actual ex- cuses of such visits shall be paid by the Secretary of the nterior upon properly-executed vouchers, out of the con- ngent fund of said bureau. 77 Approved, August 8, 1882. N ACT prescribing regulations for the Soldiers' Home located at Act 3 Mar. Washington, in the District of Columbia, and for other purposes. _ . SEC. 4. That any inmate of the Home who is receiving a Pensioners in- . mates of Home ension irom the Government, and who has a child, wife, can allot portion , ,. . .,1-1-1 . of pension, etc. r parent living, shall be entitled, by tiling with the pension gent from whom he receives his money a written direction o that effect, to have his pension, or any part of it, paid to uch child, wife, or parent. The pensions of all who now Pensions, etc., re or shall hereafter become inmates of the Home, except treasurer. 116 LAWS RELATING TO ARMY AND NAVY PENSIONS. such as shall be assigned as aforesaid, shall be paid to the treasurer of the Horne. The money thus derived shall not become a part of the funds of the Home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his Pension paid in discharge from the institution. The board of coinmissiou- full on discharge of pensioner from ers may from time to time pay over to any inmate such part of his pension money as they think best for his interest and] consistent with the discipline and good order of the Home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the Home. In< Death of pen case of the death of any pensioner, any pension money due due n e\c'.,aid e to him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years otherwise the same shall escheat to the Home. **** Approved, March 3, 1883. Blanks for SEC. 4767. The Secretary of the Interior shall cause suit- able blanks for the vouchers mentioned in section forty- i87o' ' 5 ' seven hundred and sixty-four to be printed and distributed to the agents for the payment of pensions, upon which he shall cause a note to be printed, informing pensioners of the fact that hereafter no pension will be paid, except upon the vouchers issued as herein directed. Sec. 9, 8 July, SEC. 4768. The Commissioner of Pensions shall forward 1870; Sec. 6, 14 July, 1862; sec-, the certificate of pension, granted in any case, to the agent Repealed as to for paying pensions where such certificate is made payable| AcT2oju e n 8 e,i878 and at the same time forward therewith one of the article jan e ? 1879.' 4| 25 of agreement filed in the case and approved by the Co missioner, setting forth the fee agreed upon between th claimant and the attorney or agent; and where no agree- ment is on file, as hereinbefore provided, he shall direct t hat a fee of ten dollars only be paid the agent or attorney. see sec. 4, 25 SEC. 4769. It shall be the duty of the agent paying such sec. 10, s July, pension to deduct from the amount due the pensioner the] Repealed as to amount of fees so agreed upon or directed by the Commis-j siouer to be paid where no agreement is filed and approved, ," and to forward or cause to be forwarded to the agent or attor- ney of record named in such agreement, or, in case there is; no agreement, to the agent prosecuting the case, the amouut| LAWS RELATING TO ARMY AND NAVY PENSIONS. 117 ? the proper fee, deducting therefrom the sum of thirty 3nts in payment of his services in forwarding the same. (See Act July 4, 1884, p. 116; and Rev. Stat., Sec. 4748, SEC. 4770. Now section 3646 of the Revised Statutes : SEC. 3040.* Whenever any original check is lost, stolen, Act 27 Feb., : destroyed, disbursing officers and agents of the United Act 19 Apr., tates are authorized, after the expiration of six mouths, Act 2 Feb., i 070 nd within three years from the date of such check, to issue duplicate check; and the Treasurer, assistant treasurers, nd designated depositaries of the United States aredirected pay such duplicate checks, upon notice and proof of the )ss of the original checks, under such regulations in regard their i-sue and payment, and upon the execution of such onds, with sureties, to indemnify the United States, as je Secretary of the Treasury shall prescribe. This section lall not apply to any check exceeding in amount the sum f one thousand dollars. SEC. 4778. The President is authorized toappoiut, by and Pension agents,- appointmentand ith the ad vice and consent of the Senate, all pension- agents, term of office. ho shall hold their respective offices for the term of Act 5 Feb., , 1867. mr years, unless sooner removed or suspended, as pro- (See sec. 4, 24 ided bv law, and until their successors are appointed ,. X act 8 Mar., 1878.) ualified. The above section amended by the following Act: AN ACT to amend section 4778 of the Revised Statutes. Act 8 Mar., 1878. Be it enacted by the Senate and House of Representatives of he United States of America in Congress assembled, That Pension agent, rheuever during a session of the Senate a vacancy shall ccur in the office of Pension Agent, by reason of resigna- on, death, removal or expiration of the term of office, or rhere any such agent lawfully appointed shall have failed o qualify and assume the duties of such office, the Presi- ent may when the public exigency requires it, designate ny officer of the United States to perform the duties of uch office, but such designation shall not be for a longer line than twenty days, and such officer so designated shall ive bonds if required by the President for the faithful dis- harge of the said duties and the Secretary of the Interior ball allow in the settlement of the accounts of such officer, tie necessary expenses incurred by him in the discharge of * Amended, Act February 16, 1885, p. 6. 118 LAWS RELATING TO ARMY AND NAVY PENSIONS. bis duties under this act. The foregoing provisions shj apply to any vacancy now existing. Approved, March 8, 1878. Bond of pension SEC. 4779. All pension-agents shall give bond, with goc ' Act 5~F'ei> au ^ sufficient sureties, for such amount and in such form! as the Secretary of the Interior may approve. Establishment SEC. 4780. The President is authorized to establish agen- 1 or pension agen- cies. cies for the payment of pensions wherever, in his judgment, I i81 tnc public interests and the convenience of the pensioners! require; but the number of pension-agencies in any State f or Territory shall in no case be increased hereafter so as tol exceed three, and no such agency shall be established in addition to those now existing in any State or Territory ii which the whole amount of pensions paid during the fi: year next preceding shall not have exceeded the sum of fii hundred thousand dollars. > Repealed by act of June 14, 1878. oEC. 47o^ ) See acts January 25, 1879, p. 33; March 3, 1879, p. July 4, 1884, p. 116; and act March 3, 1885, p. 86. 878 Ct U Jun6 ' A ^ A ^ T makill & appropriations for the payment of invalid and other j pensioners of the United States for the year ending June thirtieth, eighteen hundred and seventy-nine. ******* That from and after July first, eighteen hundred and seventy-eight, agents for the payment of pensions shall, in lieu of the percentage, fees, pay, and allowances now p vided by law, be allowed and paid the following compen tion for their services, postage on vouchers and checks to pensioners, and all the expenses of their offices : First. A salary at the rate of four thousand dollars ' annum. Second. Fifteen dollars for each one hundred vouchers, or at that rate for a fraction of one hundred, prepared and paid by any agent in excess of four thousand vouchers per annum. Third. Actual and necessary expenses for rent, fuel, anj lights, and for postage on official matter directed to the Departments and Bureaus at Washington, to be approv by the Secretary of the Interior. LAWS RELATING TO ARMY AND NAVY PENSIONS. 119 And the sum of two hundred and sixteen thousand dol- rs, or so much thereof as may be necessary, is hereby >propriated to pay the salaries, fees, allowance, and penses aforesaid to said pension agents. And all acts and parts of acts inconsistent with this act e hereby repealed. Approved, June 14, 1878. SEC. 4784. Agents for the payment ot pensions, and any Pension agents ... 7 . ,. .and their clerks erks appointed by them and designated in writing tor that to take affidavits irpose, which designation shall be returned to and filed the office of the Commissioner of Pensions, are required, i8?o. c ' thout any fee therefor, to take and certify the affidavits all pensioners and their witnesses who may personally >pear before them for that purpose, in which case the eck for the pension, when due and payable, shall be veu direct to the hand of the party entitled thereto, if isired, and not mailed to his address as required by sec- 311 forty-seven hundred and sixty-five. The above section repealed by the following Act. S" ACT to repeal section six of an Act entitled " An Act to define the Act 23 Mar., 1896. duties of pension agents, to prescribe the manner of paying pen- ~ sions, and for other purposes," approved July eighth, eighteen inndred and seventy, and now being section forty-seven hundred and eighty-four, Revised Statutes of the United States. Be it enacted by the Senate and House of Representatives of e United States of America in Congress assembled, That Pensions. ction six of an Act entitled " An Act to define the duties pension agents, to prescribe the manner of pay ing davits, 1 etc., & fy insions, and for other purposes," approved July eighth, aboH8hed. agents ghteen hundred and seventy, and now being section rty-seven hundred and eighty-four, Eevised Statutes of sec. 4784, E. s., United States, be, and the same is hereby, repealed. Approved, March 23, 1896. GOVERNMENT HOSPITAL FOR THE INSANE: For cur- insane of the mt expenses of the Government Hospital for the Insane: or support, clothing, and treatment in the Government ospital for the Insane of the insane of the Army and avy, Marine Corps, and Revenue Cutter Service, and those >mrnitted from the National Homes for Disabled Volun- $er Soldiers, and persons charged with or convicted of inies against the United States, and of all persons who 120 LAWS RELATING TO ARMY AND NAVY PENSIONS. have become insane since their entry into the military o indigent insane naval service of the United States, and who are indigene Columbia. and of the indigent insane of the District of Columbia, twJ hundred and two thousand five hundred dollars; and noj exceeding one thousand dollars of this sum may be expended in defraying the expense of the removal of patients to then friends; and that hereafter the surplus products and wast - material of the hospital may be sold or exchanged for th benefit of the hospital, and proceeds to be used anj insane persons accounted for the same as its other funds : Provided. Thai In mi .National 1 Home for IMS- in addition to the persons now entitled to admission to said abled Volunteer . soldiers to be ad hospital, any inmate of the National Home for Disabled Volunteer Soldiers, who is now or may hereafter becom insane shall, upon an order of the president of the board c managers of the said National Home, be admitted to sai < hospital and treated therein; and if any inmate so admit; from said National Home is or thereafter becomes a sioner, and has neither wife, minor child, nor parent pendent on him, in whole or in part, for support, his ar of pension and his pension money accruing during th period he shall remain in said hospital shall be applied t his support in said hospital, and be paid over to the prope officer of said institution for the general uses thereo (Appropriation Act for fiscal year ending June 30, 188c (22 Stat. L., p. 329.) Approved, August 7th 1882.) AN ACT To provide for the issue of duplicate checks. Be it enacted by the Senate and House o/ Representative of the United States of America in Congress assembled, Thi section thirty-six hundred and forty-six of the Eevise] Statutes of the United States be amended to read as follow " Whenever any original check is lost, stolen, or destroyi disbursing officers and agents of the United States authorized, after the expiration of six months, and wii three years from the date of such check, to issue a du] cate check; and the Treasurer, assistant treasurers, designated depositaries of the United States are direcl to pay such duplicate checks, upon notice and proof <| the loss of the original checks, under such regulations i regard to their issue and payment, and upon the executio of such bonds, with sureties, to indemnify the Unite States, as the Secretary of the Treasury shall prescribe This section shall not apply to any check exceeding i[ amount the sum of twenty- five hundred dollars." Approved, February 16, 1885. LAWS RELATING TO ARMY AND NAVY PENSIONS. 121 ACT To amend section forty-seven hundred and sixty-six of the Act 3 Mar., Revised Statutes of the United States. S. L., v. so, p. Be it enacted by the Senate and Rouse of Representatives 1879 "the United States of America in Congress assembled, That sction forty-seven hundred and seventy (sixty)-six, Title sec.4766amend- :'ty- seven, of the Revised Statutes of the United States ec e, and the same is hereby, amended by adding thereto the Rowing additional provisions and provisos, to wit: Provided further, That in case a resident pensioner of ie United States shall for a period of over six months de .Desertion ot >rt his lawful wife, she being a woman of good moral char sSer-jOomK , . ., . / i i sioner directed ;ter and in necessitous circumstances, or, if he have no to pay one-half wful wife, shall desert his legitimate minor child or chil wif e p Thnd? etc! ?en under sixteen years of age, or his permanently help- ss and dependent child, the Commissioner of Pensions is ireby directed, upon being satisfied by competent evidence such desertion, to cause one-half of the pension due or become due said pensioner during the continuance of ch desertion to be paid to the wife, or in case there is no ife, to the legal guardian of the child or children: Provided further, That when a soldier or sailor enters Pensioner in- J mate of State to a State home for soldiers or sailors as an inmate there- i">me -one-half or pension paid ', one-half of his pension accruing during his residence 10 wife, minor .,,,.. , child, etc. erein shall be paid to his wile, she being a woman of good oral character and in necessitous circumstances, or if ere be no wife, then to his child or children under six- en years of .age, or his permanently helpless and depend- it child, if any, unless such wife and children shall also inmates of the same institution or of some home provided r the wives and children of soldiers and sailors: Provided further, That if any such pensioner is or shall icome an inmate of a National Soldiers' Home one-half of Pensioner in- .. , . , , , _ mate of National e pension drawn in his behalf or to which he may become Home one half ititled during his residence therein shall be paid by thet'o P wife! n m?nor easurer of that institution to such pensioner's wife, she ch iing in necessitous circumstances and a woman of good oral character, or, if there be no wife, to the legal guard - n of the minor child or children, or the permanently de- indent and helpless child or children of said pensioner, i the order of the Commissioner of Pensions : Provided further, That hereafter no pension under any w of the United States shall be granted, allowed, or paid > the widow of a soldier, sailor, officer, naval or military. Marriage pro- arine, marine officer, or any other male person entitled to title 1 pension under any law of the United States, unless it lall be proved and established that the marriage of such 122 LAWS KELATING TO ARMY AND NAVY PENSIONS. widow to the soldier, sailor, officer, marine, or other person on account of whose service the pension is asked, was duly i and legally contracted and entered into prior to the passage of this Act, or unless such wife shall have lived an< cohabited with such soldier, sailor, officer, marine, marii officer, or other person continuously from the date of th( marriage to the date of his death, or unless the marris shall take place hereafter and prior to or during the mili- tary or naval service of the soldier, sailor, officer, marinej or other person on account of whose service the pension ia Provisions not asked or claimed. This proviso shall not apply to or afteci spanish bl wa?the widow of any soldier, sailor, marine officer, soldier sailor, marine, officer, or marine officer serving or who hatj served in the war between the United States and the King] dom of Spain. Questions of In all cases the questions of desertion, entrance inl be 8e investijated home, necessitous circumstances, and of good moral chi of pen8Tons ioner acter shall be ascertained and determined by the Com sioner of Pensions under such rules and regulations as shall prescribe, and the treasurers or governors of the eral soldiers' and sailors' homes shall be advised of sue action from time to time. Approved March 3, 1899. IWS AND REGULATIONS RELATIVE TO THE RECOGNITION OF AGENTS AND ATTORNEYS. 190. Persons formerly in the Departments not to prosecute claims. 3478. Persons prosecuting claims required to take oath of allegiance. 3479. Oath of allegiance taken before any offi- cer authorized to administer oaths. 4768. Commissioner of Pensions to forward pension certificate and articles of agreement. 4769. Pension agents deduct fees of attor- neys. 4785. Commissioner of Pensions to direct pay- ment of fees of agents or attorneys not exceeding twenty-five dollars. 4786. Fee agreements to be filed. June 20, 1878, prohibiting filing of fee con- tracts : Sees. 4768, 4769, and 4786 not to apply in any claims filed hereafter ; sec. 4785, Revised Statutes, repealed. A ct July 4, 1884. Attorneys' fees in pension cases : Act June 20, 1878, repealed ; prescrib- ing amount of fees, how paid, by whom paid, and regulations relating thereto; amending sees. 4785 and 4786; prescribing form of articles of agreement; penalty for violation of act relating to fees or compensation; Secretary of the Interior to prescribe rules for the government of agents in prosecuting claims. Act March 3, 1891. Fee in increase claims ; fee for procuring the passage of any special act ; penalty for violation of. Order 169, May 26, 1891. . 190. It shall not be lawful for any person appointed th er the first day of June, one thousand eight hundred and payments not to prosecute claims 'enty-two, as an officer, clerk or employe in any of the in them. partments, to act as counsel, attorney or agent for prose- Sec< lt l Jun6i ing any claim against the United States which was pend- 1872> in either of said Departments while he was such officer, rk or employe, nor in any manner, nor by any means, to in the prosecution of any such claim within two years it, after he shall have ceased to be such officer, clerk or ploye. SEC. 3478. Any person prosecuting claims, either as attor- r or on his own account, before any of the Departments Bureaus of the United States, shall be required to take oath of allegiance, and to support the Constitution of United States, as required of persons in the civil serv- (Kev. Stat.) OATH. , do solemnly swear (or affirm) that I will support defend the Constitution of the United States against all enemies, sign and domestic ; that I will bear true faith and allegiance to the le; that I take this obligation freely, without any mental reserva- L or purpose of evasion ; and that I will well and faithfully discharge duties of the office on which I am about to enter. So help me God. 123 124 LAWS RELATING TO ARMY AND NAVY PENSIONS. SEC. 3479. The oath provided for in the preceding sectioj may be taken before any justice of the peace, notary public or other person who is legally authorized to administer a oath in the State or district where the same maybe adinii istered. sec. 9, 8 July, SEC. 47G8. The Commissioner of Pensions shall forwaij July, 1862 ; 6 sec 4 the certificate of pension, granted in any case, to tTie ageij " for paying pensions where such certificate is made payablj and at the same time forward therewith one of the articl. 929, made appli- d and eighty-six of the Revised Statutes are hereby cable in certain cle applicable also to all cases hereafter filed with the a nmissioner of Pensions, and to all cases so filed since ie twentieth, eighteen hundred and seventy-eight, and ch have not been heretofore allowed, except as hereiii- 3r provided. >EC. 3. That section forty-seven hundred and eighty- five p fg' ^^JJ;^ the Revised Statutes is hereby re-enacted and amended and ainended - is to read as follows : 126 LAWS RELATING TO ARMY AND NAVY PENSIONS. Fees of attor- ney for prosecut- ing claims. Proviso. U SEC. 4785. No agent or attorney or other person sh| demand or receive any other compensation for his servic in prosecuting a claim for pension or bounty-land than su< as the Commissioner of Pensions shall direct to be pj to him, not exceeding twenty-five dollars; nor shall sm agent, attorney, or other person demand or receive su(J compensation, in whole or in part, until such pension bounty-land claim shall be allowed: Provided, That in claims allowed since June twentieth, eighteen hundred ai seventy-eight, where it shall appear to the satisfaction Fees not paid in the Commissioner of Pensions that the fee of ten dollars, be deducted from any part thereof, has not been paid, he shall cause the to be deducted from the pension, and the pension agent pay the same to the recognized attorney." Sec. 4786, K s., SEC. 4. That section forty-seven hundred and eighty-?] of the Revised Statutes is hereby amended so as to rej follows : p. 929, amended. Agreement for " S~EC. 4786. The agent or attorney of record in the amount of fee to be filed. ecutiou of the case may cause to be filed with the Co missioner of Pensions, duplicate articles of agreement, wit out additional cost to the claimant, setting forth the 1 agreed upon by the parties, which agreement shall be e? cuted in the presence of and certified by some officer coi petent to administer oaths. In all cases where applicatii is made for pension or bounty-land, and no agreement is fill Fee in case of with the Commissioner as herein provided, the fee shall failure to file *a i * agreement, ten dollars and no more. And such articles of agreeme Articles of as may hereafter be filed with the Commissioner of Pensid iigreement, etc.. ,* * .u ,1 i i recognizedincer are not authorized, nor will they be recognized except n y ' claims for original pensions, claims for increase of pensij on account of a new disability, in claims for restorati where a pensioner's name has been or may hereafter dropped from the pension rolls on testimony taken special examiner, showing that the disability or cau; death, on account of which the pension was allowed, not originate in the line of duty, and in cases of dependi relatives whose names have been or may hereafter dropped from the rolls on like testimony, upon the grou of non-dependence, and in such other cases of difficulty a trouble as the Commissioner of Pensions may see fit to t\ Proviso. ognize them : Provided, That no greater fee than ten (; lars shall be demanded, received, or allowed in any cli for pension or bounty-land granted by special act of iami e e f tc rl>ounty " re88 uor ^ n niiy claim for increase of pension on of the increase of the disability for which the pension LAWS RELATING TO ARMY AND NAVY PENSIONS. 127 en allowed: And pro ruled further. That no fee shall be NO ft>e allowed . , . ,. for arrears of pen - paneled, received, or allowed in any claim for arrears of sion8,etc. nsion or arrears of increase of pension allowed by any jt of Congress passed subsequent to the date of the allow- ce of the original claims in which such arrears of pension, of increase of pension, may be allowed." The articles of agreement herein provided for shall be in bstance as follows to wit : ARTICLES OF AGREEMENT. (Vhereas I, , late a in company , of the Form or arti- regiment of - volunteers, war of eighteen hundred and m e n t. ty-one (or, if the service be different, here state the same), having de application for pension under the laws of the United States : 'sow, this agreement witnesseth, that for and in consideration of vices done and to be done in the premises, I hereby agree to allow attorney, , of , the fee of dollars, which ill include all amounts to be paid for any service in furtherance of d claim; and said fee shall not be demanded by or payable to my d attorney (or attorneys), in whole or in part, except in case of the inting of my pension by the Commissioner of Pensions; and then same shall be paid to him (or them) in accordance with the pro- ions of sections forty-seven hundred and sixty-eight and forty- en hundred and sixty-nine of the Revised Statutes. [Claimant's signature.] [Two witnesses' signatures.] TE OF , County of , ss: 3e it known that on this the day of , anno Domini hteen hundred and , personally appeared the above-named , who, after having had read over to , in the hearing cl presence of the two attesting witnesses, the contents of the fore- ng articles of agreement, voluntarily signed and acknowledged the ne to be free act and deed. [Official signature.] \.nd now, to wit, this day of , anno Domini eighteen ndred and , I (or we) accept the provisions contained in the egoing articles of agreement, and will, to the best of my (or our) ility, endeavor faithfully to represent the interest of the claimant the premises. Witness my (or our) hand the day and year first above written. [Signature of attorney.] A.TE OF , County of , ss : ersonally came , whom I know to be the person he ^resents himself to be, and who, having signed above acceptance of reement, acknowledged the same to be free act and deed. [Official signature.] And if in the adjudication of any claim for pension in Amount paid, tiich such articles of agreement have been, or may here ducted from fee! ter be, filed, it shall appear that the claimant had, prior the execution thereof, paid to the attorney any sum for s services in such claim, and the amount so paid is not 128 LAWS RELATING TO ARMY AND NAVY PENSIONS. stipulated therein, then every such claim shall be adjudif cated in the same manner as though no articles of agre< ment had been filed, deducting from the fee of ten doll allowed by law such sum as claimant shall show that h has paid to his said attorney. Penalty for vi. Any agent or attorney or other person instrumental olation of act re- . . _ . , lating to fees 01 prosecuting any claim for pension or bounty-laud, who shai| directly or indirectly contract for, demand or receive or tain any greater compensation for his services or inst: mentality in prosecuting a claim for pension or bounty-Ian than is herein provided, or for payment thereof at any othe time or in any other manner than is herein provided, or w shall wrongfully withhold from a pensioner or claimant th whole or any part of the pension or claim allowed and du such pensioner or claimant, or the land- warrant issued t any such claimant, shall be deemed guilty of a misdemean and upon conviction thereof shall for every such offense fined not exceeding five hundred dollars, or imprisoned hard labor not exceeding two years, or both, in the di tion of the court. secretary of SEC. 5. That the Secretary of the Interior may prescrib scrfbTruies P for rules and regulations governing the recognition of agenfo aglnte, m etc., n attorney s, or other persons representing claimants befa cTahns Utl< ot his Department, and may require of such persons, agen and attorneys, before being recognized as representatives claimants, that they shall show that they are of good mor character and in good repute, possessed of the necess qualifications to enable them to render such claimants val able service, and otherwise competent to advise and assi such claimants in the presentation of their claims, and sue Secretary may, after notice and opportunity for a hearini suspend or exclude from further practice before his Depar ineiit any such person, agent or attorney shown to be competent, disreputable, or who refuses to comply with said rules and regulations, or who shall with intent to fraud in any manner deceive, mislead, or threaten any cl ant, or prospective claimant, by word, circular, letter, or advertisement. commisHiouer SEC. 6. The Commissioner shall have power, subject! reject D8 contrS review by the Secretary, to reject or refuse to recognize ao contract for fees, herein provided for, whenever it shall 1 made to appear that any undue advantage has been take of the claimant in respect to such contract. Approved, July 4, 1884. LAWS RELATING TO ARMY AND NAVY PENSIONS. 129 tf ACT making appropriations for the payment of invalid and other pensions of the United States, for the fiscal year ending June thirtieth, eighteen hundred and ninety-two, and for other purposes. ****** Hereafter no agent or attorney shall demand, receive, or B allowed any compensation under existing law exceeding vo dollars in any claim for increase of pension on account . 7 the increase of the disability for which the pension has sen allowed, or for services rendered in securing the pas- ige of any special Act of Congress granting a pension or n increase of pension in any case that has been presented ; the Pension Office or is allowable under the general ension laws : And provided further, That any agent, attor- ey, or other person instrumental in prosecuting any claim >r increase of pension on account of the increase of dis- bility for which pension was allowed, or who has rendered srvices in procuring the passage of any special Act of Con- ress granting a pension or an increase of pension in any ise that has been presented at the Pension Office or is lowable under the general pension laws, who shall directly indirectly contract for, demand, receive, or retain any jmpensation for such services, except as hereinbefore rovided, shall be deemed guilty of a misdemeanor, and pon conviction thereof shall, for each and every such ffense, be fined not exceeding five hundred dollars or im- risoned, not exceeding two years or both, in the discretion * the court: Provided, however, That the foregoing pro- isions in relation to fees of agents or attorneys shall not pply to any case now pending where there is an existing iwful contract expressed or implied. Approved, March 3, 1891. (See Sec. 4, Acts of June 27, 1890, p 61; July 27, 1892, 72; August 5, 1892, p. 64.) ORDER No. 169, MAY 26, 1891. 130 LAWS RELATING TO ARMY AND NAV^ PENSIONS. claim ; but a compliance with such request of the agent out attorney or other person is optional and not obligatory on) the part of the claimant. No attorney will be allowed to demand a sum for postage! as a right, nor refuse to prosecute a claim where the reqiiestil for postage is not answered. LAWS AND REGULATIONS governing the recognition of agents attorneys, and other persons to represent claimants before Department of the Interior and the bureaus thereof. LAWS. The following statutes relate to the recognition of at neys and agents for claimants before this Department: "That the Secretary of the Interior may prescribe ru and regulations governing the recognition of agents, at neys, or other persons representing claimants before t Department, and may require of such persons, agents, attorneys, before being recognized as representatives claimants, that they shall show that they are of good mora character and in good repute, possessed of the necessa: qualifications to enable them to render such claiinan valuable service, and otherwise competent to advise a assist such claimants in the presentation of their claims and such Secretary may, after notice and opportunity for hearing, suspend or exclude from further practice befo his Department any such person, agent, or attorney show to be incompetent, disreputable, or who refuses to coinpl with the said rules and regulations, or who shall with inten to defraud, in any manner deceive, mislead, or threaten anj claimant or prospective claimant, by word, circular, letter or by advertisement." (Act July 4, 1884, sec. 5; Sta vol. 23, p. 101.) " Every officer of the United States, or person holdi any place of trust or profit, or discharging any official fu tion under, or in connection with, any Executive De ment of the Government of the United States, or under Senate or House of Representatives of the United Sta who acts as an agent or attorney for prosecuting any clain against the United States, or in any manner, or by anj means, otherwise than in the discharge of his proper ollicia] duties, aids or assists in the prosecution or support of anj such claim, or receives any gratuity, or any share of 01 interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration OJ having aided or assisted, in the prosecution of such claim LAWS RELATING TO ARMY AND NAVY PENSIONS. jlall pay a line of not more than five thousand dollars, or fier imprisonment not more than one year, or both." (See- l*n 5498, Revised Statutes.) I" It shall not be lawful for any person appointed after the jst day of June, one thousand eight hundred and seven ty- o, as an officer, clerk, or employee in any of the Depart- jants, to act as counsel, attorney, or agent for prosecuting ly claim against the United States, which was pending in [her of said Departments, while he was such officer, clerk, . [employee, nor in any manner, nor by any means, to aid I the prosecution of any such claim, within two years next jr he shall have ceased to be such officer, clerk, or em- |>yee." (Section 100, Revised Statutes.) ['Any person prosecuting claims, either as attorney or on own account, before any of the Departments or Bureaus the United States, shall be required to take the oath of (egiance, and to support the Constitution of the United ites as required of persons in the civil service." (Section F8, Revised Statutes.) ; The oath provided for in the preceding section may be ken before any justice of the peace, notary public, or any Irson who is legally authorized to administer an oath in |j State or district where the same may be administered." jtion 3479, Revised Statutes.) [Che act of May 13, 1884 (Stats., v. 23, p. 22), provides it the oath above required shall be that prescribed by |'/tion 1757, Revised Statutes, which is as follows: , do solemnly swear (or affirm) that I will support defend the Constitution of the United States against all enemies, |3igu and domestic ; that I will bear true faith and allegiance to the |ie; that I take thi.s obligation freely, without any mental reserva- or purpose of evasion, and that I will well and faithfully dis- Irge the duties of the office on which I am about to enter. So help God. REGULATIONS. Under the authority conferred on the Secretary of the srior by the fifth section of the act of July 4, 1884, it is "eby prescribed that an attorney at law who desires to present claimants before the Department or one of its :eaus shall file a certificate of the clerk of the United btes, State, or Territorial court, duly authenticated under seal of the court, that he is an attorney in good standing. Any person (not an attorney at law) who desires to iar as agent for claimants before the Department or of its bureaus must file a certificate from a judge of a lited States, State, or Territorial court, duly authenticated 131 132 LAWS RELATING TO ARMY AND NAVY PENSIONS. under the seal of the court, that such person is of g< moral character and in good repute, possessed of the nee sary qualifications to enable him to render claimants liable service, and otherwise competent to advise and assii them in the presentation of their claims. 3. The Secretary may demand additional proof of qui fications, and reserves the right to decline to recognize attorney, agent, or other person applying to repi claimants under this rule. 4. The oath of allegiance required by section 3478 of tl| United States Revised Statutes must also be filed. 5. In the case of a firm the names of the individual composing the firm must be given, and a certificate au| oath as to each member of the firm will be required. 6. Unless specially called for, the certificate above rl ferred to will not be required of any attorney or ageij heretofore recognized and now in good standing before Department. 7. An applicant for admission to practice under the al regulations must address a letter to the Secretary of Interior, inclosing the certificate and oath above requii in which letter his full name and post-office address mui be given. He must slate whether or not he has ever recognized as attorney or agent before this Department any bureau thereof, and, if so, whether he has ever suspended or disbarred from practice. He must also sta\ tchether he holds any office of trust or profit under the Go\ ernment of the United States. 8. No person who has been an officer, clerk, or employ*] of this Department within two years prior to his applies] tion to appear in any case pending herein shall be recoj nized or permitted to appear as an attorney or agent il any such case as shall have been pending in the Depar| ment at or before the date he left the service: Prori< This rule shall not apply to officers, clerks, or employe the Patent Office nor to cases therein. Whenever an attorney or agent is charged with improi practices in connection with any matter before a bureau this Department, the head of such bureau shall investiga the charge, giving the attorney or agent due notice, t| gether with a statement of the charge against him, allow him an opportunity to be heard in the premi: When the investigation shall have been concluded all til papers shall be forwarded to the Department, with a statj ment of the facts and such recommendations as to disl ment from practice as the head of the bureau may dee| proper, for the consideration of the Secretary of LAWS RELATING TO ARMY AND NAVY PENSIONS. 133 :erior. During the investigation the attorney or agent 1 be recognized as such, unless for special reasons the 3retary shall order his suspension from practice. .0. If any attorney or agent in good standing before the partment shall knowingly employ as subagent or corre- mdent a person who has been prohibited from practice fore the Department, it will be sufficient reason for the barment of the former from practice. LI. Upon the disbarment of an attorney or agent, notice jreof will be given to the heads of bureaus of this partment, and to the other Executive Departments, and jreafter, until otherwise ordered, such disbarred person I not be recognized as attorney or agent in any claim or er matter before this Department or any bureau thereof. C. N. BLISS, Secretary. LAWS RELATING TO VIOLATION OF PENSION LAWS. SEC. 1782. Officer or official not to receive or agree to receive compensation for any serv- ices rendered or to be rendered in a matter in which the United States is a party. SEC. 4744. Special service in investigating sus- pected attempts at fraud. Act July 25, 1882. Amending Sec. 4744; clerks detailed as special examiners; sub- poenas for witnesses. Act March 3, 1891. Oaths, special examiners to administer. SEC. 4745. Any pledge, mortgage, sale, assign- ment, or transfer of pension void. Act February 28. 1883. Any pledge or transfer of pension void, and a pledge or re- ceipt of same, a misdemeanor; the retention of pension certificate a misdemeanor. SEC. 4746. Penalty for false affidavits or forward- ing post-dated vouchers. SEC. 4783. Embezzlement by guardian. SEC. 5486. Embezzlement by guardian. Act February 10, 1891. Embezzlement by guar- dian, conservator, curator, commit- tee, or tutor. SEC. 5392. Perjury and subornation of perjury. Reference, Act January 29, 1887. SEC. 5393. Subornation of perjury. SEC. 5414. Forgery. SEC. 5418. Forgery; uttering or publishing forged, altered, or counterfeited record, etc. SKC. 5421. Forgery; aiding or assisting in false making, altering, forging, or counter- feiting; uttering or publishing as true false, forged, altered, or counter- feited records, etc.; presenting or causing to be presented at, or trans- mitted to any office or officer of the Government of the United States, any false, forged, or altered writing, etc. SEC. 5422. Having forged papers in possessionpp SEC. 5479. Forgery ; false making, altering, counterfeiting. SEC. 5435. False personation of claimant, etc. SEC. 5438. Making or presenting false claim. SEC. 5440. Conspiracy. SEC. 5485. Illegal fees of attorneys. Reference, Act July 4, 1884, Act June 27, Act July 27, 1892, and Act Auj 1892, illegal fees of attorneys. SEC. 5501. Bribe, United States officer accept! SEC. 5451. Bribery of any United States oil SEC. 5498. Persons employed under the Goi ment in any capacity can not agents or attorneys ; penalty for. Act May 21, 1872. Penalty forretahiingdisclu papers or land warrants. Act April 18, 1884. Personation of a Governing officer. Act July 25, 1882. Subpoenas ; witnesses ; atte| ance. SEC. 186. Subpoena; penalty for refusing to pear. SEC. 1044. Statute of limitations. j SEC. 1045. Fugitive from justice, SEC. 1046. Reference to revenue and slave-t laws. Act March 3, 1875. Embezzling or stealing pufj property a felony ; receiving of : penalty for. SEC. 1782. No Senator, Representative, or Delegate; after Lis election and during bis continuance in office, am no head of a Department or other officer or clerk in til employ of the Government, shall receive or agree to receil any compensation whatever, directly or indirectly, for ai|] services rendered or to be rendered to any person, eithj by himself or another, in relation to any proceeding, coil 134 LAWS RELATING TO ARMY AND NAVY PENSIONS. 135 lact, claim, controversy, charge, accusation, arrest, or *\wr matter orthiug in which the United States is a party, I directly or indirectly interested, before any Department, Bart-martial, Bureau, officer, or any civil, military, or naval Immission whatever. Every person offending against is section shall be deemed guilty of a misdemeanor, and i all be imprisoned not more than two years and fined not ore than ten thousand dollars, and shall, moreover, by I nviction therefor, be rendered forever thereafter incapa- i e of holding any office of honor, trust, or profit under the i overnment of the United States. I SEC. 4744. The Commissioner of Pensions is authorized I detail, from time to time, clerks in his office to investi- lite suspected attempts at fraud on the government, Sec30 3March I rough and by virtue of the provisions of the pension law, i8?3 ; sec. 12, li , 7 July, 1862; Sec. lid to aid in prosecuting any person so offending, with 4, 4 July, isw. lich additional compensation as is customary in cases of l>ecial service; any person so detailed shall have the power I administer oaths and take affidavits in the course of any lich investigation. The above section amended by the folloicing Acts. Under an Act making appropriations for the payment o/ 18 ^ ct 25 .valid and other pensioners of the United States for the year iding June 30, 1883, it was enacted : ####### That section forty-seven hundred and forty-four, title fifty- sven of the Revised Statutes of the United States is hereby nended to read as follows : "SEC. 4744.* The Commissioner of Pensions is authorized > detail from time to time clerks or persons employed in is office to make special examinations into the merits of ich pension or bounty land claims, whether pending or djudicated, as he may deem proper, and to aid in the rosecutiou of any party appearing on such examinations to e guilty of fraud, either in the presentation or in procuring he allowance of such claims ; and any person so detailed hall have power to administer oaths and take affidavits nd depositions in the course of such examinations, and to rally examine witnesses, and may employ a stenographer, r heu deemed necessary by the Commissioner of Pensions, i important cases, such stenograper to be paid by such lerk or person, and the amount so paid to be allowed in is accounts." * See also section 474, p. 136 LAWS RELATING TO ARMY AND NAVY PENSIONS. Subpoena witness. for SEC. 3. "That in addition to the authority conferred section one hundred and eighty-four, title four of the Revif Statutes, any judge or clerk of any court of the Unil States in any State, District, or Territory shall havepowe^ upon the application of the Commissioner of Pensions, issue a subprena for a witness, being within the jurisdicti< of such court, to appear, at a time and place in the subpoai stated, before any officer authorized to take depositions be used in the courts of the United States, or before officer, clerk, or person from the Pension Bureau design at or detailed to investigate or examine into the merits of ai pension claim and authorized by law to administer oatlj and take affidavits in such investigation or examination there to give full and true answers to such written inte rogatories and cross-interrogatories as may be propounds] or to be orally examined and cross-examined upon the si ject of such claim; and witnesses subpoenaed pursuant this and the preceding section shall be allowed the sai compensation as is allowed witnesses in the courts of tl] United States, and paid in the same manner." Act 3 Mar., AN ACT making appropriations for the payment of invalid and oth< ! pensions of the United States, for the fiscal year ending June tail tieth, eighteen hundred and ninety-two, and for other purposes. #*##*## Oaths, special g EC> 3, That the same power to administer oaths an) examiners to ad- minister, take affidavits, which by virtue of section forty-seven huij dred and forty-four of the Revised Statutes is confer] upon clerks detailed by the Commissioner of Pensions froi his office to investigate suspected attempts at fraud on tl Government through and by virtue of the pension law;| and to aid in prosecuting any person so offending, shall and is hereby, extended to all special examiners or ac tional special examiners employed under authority of gress to aid in the same purpose. Approved, March 3, 1891. Any pledge, mortgage, sale, assignment, or transfer of pen- sion void. Sec. 32, 3 Mar., 1873; Sec. 8, 10 Apr., 1806; Sec. 4, 18 Mar., 1818; Sec. 2, 7 July, 1838; Sec. 2, 6 June, 1866. SEC. 4745. Any pledge, mortgage, sale, assignment, transfer of any right, claim, or interest in any peusiol which has been, or may hereafter be, granted, shall be voi| and of no effect; and any person acting as attorney receive and receipt for money for and in behalf of uuy son entitled to a pension shall, before receiving such monej take and subscribe an oath, to be filed with the pensiol LAWS RELATING TO ARMY AND NAVY PENSIONS. 137 eiit, and by him to be transmitted, with the vouchers now uired by law, to the proper accounting officer of the easury, that he has no interest in such money by any dge, mortgage, sale, assignment, or transfer, and that does not know or believe that the same has been so dis- jed of to any person. ?he above section amended by the following Act: of Congress approved February twenty -eighth ^eighteen Act 28 Feb., issa. ndred and eighty-three, section four thousand seven hundred d forty -five of the Revised Statutes ivas amended to read as mvs : Any pledge, mortgage, sale, assignment, or transfer of t ^ e f*f S * right, claim, or interest in any pension which has been symvoid, andthe * A pledge or receipt may hereafter be granted shall be void and of no effect, of 8ame amisde- d any person who shall pledge, or receive as a pledge, rtgage, sale, assignment or transfer of any right, claim, interest in any pension or pension certificate, which has en or may hereafter be granted or issued, or who shall d the same as collateral security for any debt or promise, upon any pretext of such security or promise, shall be ilty of a misdemeanor, and upon conviction thereof shall fined in a sum not exceeding one hundred dollars and the ts of the prosecution ; and any person who shall retain Retention of certificate of a pensioner and refuse to surrender the cate a misde- meanor. me upon the demand of the Commissioner of Pensions, or Jnited States pension agent, or any other person author- d by the Commissioner of Pensions or the pensioner receive the same, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum not exceed- j one hundred dollars and the costs of the prosecution. SEC. 4746.* Every person who knowingly or wilfully in y wise procures the making or presentation of any false p" 08t ~-d~atin g fraudulent affidavit concerning any claim for pension, or yinent thereof, or pertaining to any other matter within i873 ; secs.i and jurisdiction of the Commissioner of Pensions, or who s'ec. 3, e' ju . 1866 Sec ti owiugly or willfully presents or causes to be presented at July, mo! pension- agency any power of attorney or other paper Feb. 6 1359.' luired as a voucher in drawing a pension, which paper *rs a date subsequent to that on which it was actually ned or executed, shall be punished by a fine not exceed- ' five hundred dollars, or by imprisonment for a term not seeding three years, or by both. * Amended, act July 7, 1898, pp. 147,148. 138 LAWS RELATING TO ARMY AND NAVY PENSIONS. * ^783. Every guardian having the charge and cu by guardian. tody of the pension of his ward who embezzles the samfl 18 ^ c - 31 3 Mar " in violation of his trust, or fraudulently converts the sam| see sec. 5486, to his own use, shall be punished by fine not exceeding twd thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both. EMBEZZLEMENT OF PENSION MONEY BY GUARDIAN. Embezzlement SEC. 5486. If any guardian, having the charge and con of prnsionuioney . , _., . __ . 1,11 * , i.y guardian. tody of the pension of his ward, shall embezzle the same iijj ibid. violation of his trust, or fraudulently convert the same tj his own use, he shall be punished by a fine not exceed in I two thousand dollars or imprisonment at hard labor for j| term not exceeding five years, or both, at the discretioi the court. Amended by the following Act : Act 10 Feb., 1891. AN ACT to amend sections forty-seven hundred and eighty- throe fifty-four hundred and eighty-six of the Revised Statutes. Be it enacted by the Senate and House of Representative the United States of America in Congress assembled, That tions forty-seven hundred and eighty-three and fifty-far) hundred and eighty-six of the Kevised Statutes be, and tl same are hereby, so amended as to read as follows : Embezzlement " Every guardian, conservator, curator, committee, tutoj money. 611 '"or other person having charge and custody in a fiduci capacity of the pension of his ward, who shall embezzle tl same in violation of his trust, or fraudulently convert same to his own use, shall be punished by fine not ex< ing two thousand dollars or imprisonment at hard labor a term not exceeding five years, or both, at the discrel of the court." Approved, February 10, 1891. PERJURY AND SUBORNATION OF PERJURY. Perjury. SEC. 5392. Every person who, having taken an Acts 3 Apr., before a competent tribunal, officer, or person in any c v C i ha p.' lief 3' which a law of the United States authorizes an oath to ec! 8 i^'^4*pi administered that he will testify, declare, depose, or ce p 8 K ""i8 87 p' * ru ty? or that anv written testimony, declaration, dep c 2 b : a 3 H5 r 'v 8 i8 tion, or certificate by him subscribed is true, willfully ai &'J a hJPSl "contrary to such oath states or subscribes any inateri July, 1876, Chap. i8o^sec.io,v. 19, matter which he does not believe to be true, is guilty perjury, and shall be punished by a fine of not more t two thousand dollars and by imprisonment at hard lab< not more than five years, and shall, moreover, thereaft be incapable of giving testimony in any court of the Unitx LAWS RELATING TO ARMY AND NAVY PENSIONS. 139 jates until such time as the judgment against him is re- Tst> Sec. 5418.) LAWS RELATING TO ARMY AND NAVY PENSIONS. 141 FALSE PERSONATION OF CLAIMANT, ETC. SEC. 5435. Every person who falsely personates any true Fal e persona- tion of holder of id lawful holder of any share or sum in the public stocks public stock orof debt of the United States, or any person entitled to any peSn, n etc. inuity, dividend, pension, prize-money, wages, or other Act 3 Mar., 3bt due from the United States, and, under color of suchsec.'is, v. 4, p'. Ise personation, transfers or endeavors to transfer such iblic stock, or any part thereof, or receives or endeavors receive the money of such true arid lawful holder thereof, the money of any person really entitled to receive such inuity, dividend, pension, prize-money, wages, or other 3bt, shall be punished by a fine of not more than five thou- iul dollars and by imprisonment at hard labor not more lian ten years. FALSE CLAIMS. SEC. 5438. Every person who makes or causes to be Making or pre- ade, or presents or causes to be presented, for payment ciahns. ng r approval, to or by any person or officer in the civil, Act 2 Mar., ilitary, or naval service of the United States, any claim gees. i Cb 3? p v. 12! pon or against the Government of the United States, or pp> 696) 698 - ly Department or officer thereof, knowing such claim to 3 false, fictitious, or fraudulent, or who, for the purpose of )taining or aiding to obtain the payment or approval of ich claim, makes, uses, or causes to be made or used, any 3 bill, receipt, voucher, roll, account, claim, certificate, ifidavit, or deposition, knowing the same to contain any audulent or fictitious statement or entry, or who enters ito any agreement, combination, or conspiracy to defraud le Government of the United States, or any Department ? officer thereof, by obtaining or aiding to obtain the pay- ent or allowance of any false or fraudulent claim, or who aving charge, possession, custody, or control of any money 1 other public property used or to be used in the military naval service, who, with intent to defraud the United tates or willfully to conceal such money or other property, eliversor causes to be delivered, to any other person hav- ig authority to receive the same, any amount of such oney or other property less than that for which he re- vived a certificate or took a receipt, and every person uthorized to make or deliver any certificate, voucher, Jceipt, or other paper certifying the receipt of arms, am- mnition, provisions, clothing, or other property so used r to be used, who makes or delivers the same to any other erson without a full knowledge of the truth of the facts bated therein and with intent to defraud the United States. 142 LAWS RELATING TO ARMY AND NAVY PENSIONS. and every person who knowingly purchases or receives pledge for any obligation or indebtedness from any soldiei officer, sailor, or other person called into or employed ii the military or naval service any arms, equipments, amini nition, clothes, military stores, or other public propertjj such soldier, sailor, officer, or other person not having th| lawful right to pledge or sell the same, every person offending in any of the matters set forth in this sectioj shall be imprisoned at hard labor for not less than one nnv of the United States, or any Department or any officer thereof, prescribing a penalty therefor. Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, Tl every person who, with intent to defraud either the U: States or any person, falsely assumes or pretends to officer or employe* acting under the authority of the Uu States, or any Department or any officer of the Govern thereof, and who shall take upon himself to act as sue' who shall in such pretended character demand or o from any person or from the United States, or any Depa ment, or any officer of the Government thereof, any mom paper, document, or other valuable thing, shall be deemj guilty of felony, and shall, on conviction thereof, be pi ished by a fine of not more than one thousand dollars, imprisonment not longer than three years, or both said pi ishments, in the discretion of the court. Approved, April 18, LAWS RELATING TO ARMY AND NAVY PENSIONS. 145 SUBPCENAS. vT ACT making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ended June 30, 1883, and for other purposes. Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, SEC. 3. That in addition to the authority conferred by ig Act 25 July, iction one hundred and eighty-four, title four, of the Ee- sed Statutes, any judge or clerk of any court of the United tates in any State, district, or Territory shall have power, Don the application of the Commissioner of Pensions, to sue a subpoena for a witness, being within the jurisdiction W n e b 8 j nas to such court, to appear (at a time and place in the subpoena ated) before any officer authorized to take depositions to used in the courts of the United States, or before any ficer, clerk, or person from the Pension Bureau desig- ated or detailed to investigate or examine into the merits f any pension claim, and authorized by law to administer iths and take affidavits in such investigation or examina- on, there to give full and true answer to such written terrogatories and cross interrogatories as may be pro- Minded, or to be orally examined and cross-examined upon le subject of such claim; and witnesses subpoenaed pur- witnesses' fees. lant to this and the preceding section shall be allowed le same compensation as is allowed witnesses in the courts the United States and paid in the same manner. Approved, July 25, 1882. SEC. 186. If any witness, after being duly served with compelling tee- ich subpoena, neglects or refuses to appear, or appearing Act u Feb >fuses to testify, the judge of the district in which thei8?i, nbpoena is issued may proceed, upon proper process, to 412! oforce obedience to the subpoena, or to punish the disobe- lence, in like manner as any court of the United States ay do in case of process of subpoena ad testificandurn sued by such court. STATUTE OF LIMITATIONS. SEC. 1044. [JVo person shall be prosecuted, tried, or pun hedfor any offense not capital, except as provided in section ne thousand and forty -six, unless the indictment is found or he information is instituted within two years next after such fense is committed.] [No person shall be prosecuted, tried r punished for any offense not capital, except as provided u section one thousand and forty- six, unless the indictment 532302 10 146 LAWS RELATING TO ARMY AND NAVY PENSIONS. is found, or the information is instituted within three years next after such offense shall have been committed. But this act shall not have effect to authorize the prosecutioi trial or punishment for any offense, barred by the provi- sions of existing laws.] SEC. 1045. Nothing in the two preceding sections sha extend to any person fleeing from justice. SEC. 1046. [Refers to offenses against the revenue and sla\ trade laws.] Acts Mar., 1875. AN ACT to punish certain larcenies, and the receivers of stolen gooc e it enacted by the Senate and House of Representatives oj United States of America in Congress assembled, Thai person who shall embezzle, steal, or purloin any monei property ar?6o-' sec 1624' l )r P er ty, record, voucher, or valuable thing whatever, r S! S' tne moneys, goods, chattels, records, or property of th< 5483, 5488-5496, United States, shall be deemed guilty of felony, and o conviction thereof before the district or circuit court of th< United States in the district wherein said offense may hav< been committed, or into which he shall carry or have ii possession of said property so embezzled, stolen, or pur- loined, shall be punished therefor by imprisonment at hs labor in the penitentiary not exceeding five years, or by fine not exceeding five thousand dollars, or both, at tin discretion of the court before which he shall be convict ceiSr e etc.?of SEC. 2. That if any person shall receive, conceal, or aid ii property^ u how conceaun ^ or have, or retain in his possession with inteul punished. fa conv ert to his own use or gain, any money, property record, voucher, or valuable thing whatever, of the moneys goods, chattels, records, or property of the United Stat which has theretofore been embezzled, stolen, or purloin* from the United States by any other person, knowing th( same to have been so embezzled, stolen, or purloined, sucl person shall, on conviction before the circuit or distrk court of the United States in the district wherein he have such property, be punished by a fine not exceediuj five thousand dollars, or imprisonment at hard labor in th< penitentiary not exceeding five years, one or both, at th< discretion of the court before which he shall be convicted : fore & oftercon- ^ no ^ sucn receiver may be tried either before or after th< Iipah n of P rin ' conviction of the principal felon, but if the party has b( convicted, then the judgment against him shall be con- clusive evidence in the prosecution against such receive that the property of the United States therein descrit has been embezzled, stolen, or purloined. Approved, March 3, 1875. (Supplement to Revised Statutes, vol. 1, p. 183.) LAWS RELATING TO ARMY AND NAVY PENSIONS. 147 SEC. 474. The Commissioner of Pensions is authorized to detail, from time to time, any of the clerks in his Office to investigate any suspected attempts to defraud the United States, in or affecting the administration of any law relative to pensions, and to aid in prosecuting any persons implicated, with such additional compensation as is customary in cases of special service. Any person so detailed shall have the power to administer oaths in the course of any such investigation. (E. S. U. S., 80.) AN ACT to amend section fifty-four hundred and forty of the Revised Statutes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section fifty-four hundred and forty of the Kevised Statutes of the United States of America be amended so as to read as follows: If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the con- spiracy all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court. Approved, May 17, 1879. AN ACT to amend section forty-seven hundred and forty-six of the Revised Statutes of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-seven hundred and forty-six of the Revised Statutes of the United States is hereby amended to read as follows : "That every person who knowingly or willfully makes or aids, or assists in the making, or in any wise procures the making or presentation of any false or fraudulent affidavit, declaration, certificate, voucher, or paper or writing pur- porting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Commissioner of Pensions or of the Secretary of the Interior, or who knowingly or willfully makes or causes to be made, or aids or assists in the mak- ing, or presents or causes to be presented at any pension 148 LAWS RELATING TO ARMY AND NAVY PENSIONS. agency any power of attorney or other paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner, and every person before whom any declaration, affidavit, voucher, or other paper or writing to be used in aid of the prosecution of any claim for pension or bounty land or payment thereof purports to have been executed who shall knowingly certify that the declarant, affiant, or witness named in such declaration, affidavit, voucher, or other paper or writing personally appeared before him and was sworn thereto, or acknowl- edged the execution thereof, when, in fact, such declarant, affiant, or witness did not personally appear before him or was not sworn thereto, or did not acknowledge the execu tion thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term of IN more than five years." Approved, July 7, 1898. SPECIAL ACTS GRANTING PENSION TO PERSONS NOT INCLUDED UNDER THE GENERAL LAWS. Act June 6, 1874. Special act pensions equalized. Act March 3,1875. Pensioning widows, children, and dependent relatives of soldiers murdered by guerrillas at Centralia, Mo. ; also as to Missouri militia. Act March 3, 1881. For the relief of the citizens of Montana who served with United States troops in war with Nez Perce Indians. Act May 15, 1886. Discharges to members of Mis- souri Home Guards. Act January 3, 1887. For the relief of survivors of steamer Jeannette. Act January 29, 1887. For the relief of the suffer- ers by the wreck of TJ. S. S. AshueloL Act May 28, 1896. Master, mate, pilot, or engineer of steam vessels not liable to draft; duties of, in time of war. Act 6 June, 1874. sions equalized. AN ACT to equalize pensions in certain cases. Be it enacted by the Senate and House of Representatives of See 8ec 4720 \ihe United States of America in Congress assembled. That all R> s - persons entitled to pensions under special acts fixing the rate 01 such pensions, and now receiving or entitled to re- ceive a less pension than that allowed by the general pen- sion laws under like circumstances, are, in lieu of their present rate of pension, hereby declared to be entitled to the benefits and subject to the limitations of the general pension laws, entitled, "An act to revise, consolidate, and amend the laws relating to pensions," approved March third, eighteen hundred and seventy- three ; and that this act go | into effect from and after its passage: Provided, That this act shall not be construed to reduce any pension granted by special act. Approved, June 6, 1874. AN ACT granting pensions to the widows, children, dependent moth- -^ ct 3 Mar., era and fathers, or orphan brothers and sisters, of those soldiers who I were murdered by guerrillas, at Centralia, Missouri, in eighteen hun. dred and sixty-four. Be it enacted by the Senate and House of Representatives of Athe United States of America in Congress assembled. That the . . Pension laws (provisions of existing laws be, and the same are hereby, extended to i extended to the widows, children, dependent mothers and Stc.', C ot ! fathers, or orphan brothers and sisters, in the order named, Sfiaf MO * of those lately discharged soldiers of the Army of the United States, who were murdered by guerrillas at Cen- tralia, Missouri, in eighteen hundred and sixty-four, while being transported on the North Missouri Railroad. 149 150 LAWS RELATING TO ARMY AND NAVY PENSIONS. tended isi tT S Mis- SEO ' 2 ' That the provisions of this act shall be construed aouri militia, to extend to the widows, children, dependent mothers and fathers, or orphan brothers and sisters, in the order named, of any member of the Missouri militia who was murdered as aforesaid by guerrillas at Centralia, Missouri, in eighteen hundred and sixty-four. Approved, March 3, 1875. !88l Ct 3 Mar '' AN ACT f r tbe relief of citizen8 of Montana who served with the United States troops in the war with the Nez Percos, aiid for the j relief of the heirs of such as were killed in such service. Be it enacted by the Senate and House of Representative* of\ the United States of America in Congress assembled. That! each volunteer who joined the forces of the United States, | in the Territory of Montana, during the war with the Perc6 Indians, shall be paid one dollar per day during tl term of such service, from the time that he left his hoi until he was returned thereto, including all the time spei in hospital under treatment by such as received wounds other injuries in such service. SEC. 2. That all persons who were wounded or disabled in such service, and the heirs of all who were killed in sue! service, shall be entitled to all the benefits of the pension laws, in the same manner and to the same extent as if the# had been duly mustered into the regular or volunteer forces of the United States. SEC. 3. That all horses and arms lost in such service shai be paid for at their actual value, to be duly ascertained the commanding officer of the district of Montana: Provit That no payment shall be made for such losses except u] the statement of the commanding officer of the United Stat troops, or such other officer of the regular Army as migl be in control of the volunteers at the time of such loss, ai such other proofs as may be required by the commandii officer and the United States quartermaster for the distrh of Montana, to establish the fact that such losses were nit in the service of the United States. Approved, March 3, 1881. Act 15 May, AN ACT to authorize the Secretary of War to fnmisli certificates discharge to certain members of the Missouri Home Guards. Be it enacted by the Senate and House of Representatives of "Discharges tc the United States of America in Congress assembled, That the j be mauled to mem- g^fe^y o f ^y ar k e? au( j j s hereby, authorized and directed LAWS RELATING TO ARMY AND NAVY PENSIONS. 151 to furnish, upon their several applications therefor, a cer- tificate of discharge to each and every member of the Mis- souri Home Guards whose claims for pay were adjudicated by the Hawkins-Taylor Commission, under the act approved March twenty-five, eighteen hundred and sixty-two, and the several acts supplemental thereto. Approved, May 15, 1886. AN ACT for the relief of the survivors of the exploring steamer Jean- 18 ^ ct 3 Jan nette, and the widows and children of those who perished in the retreat from the wreck of that vessel in the Arctic Seas. SEC. 2. That the twenty-third day of March, eigh teen of Eate of decease hundred and eighty-two, being the date of finding the re- deemed Mar. 23, mains of the commanding officer and others of the said expedition, shall be deemed and taken to be the date of the decease of the following named officers and enlisted men of the expedition, who lost their lives in the retreat from the wreck of the said steamer Jeannette, namely : Lieuten- survivors of ant- Commander George W. DeLoug; Lieutenant Charles steamer Jean- W. Chipp; Passed Assistant-Surgeon James M. Ambler; Jerome J. Collins, meteorologist; William Dunbar, ice pilot; Walter Lee, machinist; Henrick H. Knack, Carl A. Gortz, Adolph Bressler, Hans H. Erichsen, Ah Sam, Alfred Sweetman, Henry D. Warren, Peter E. Johnson, Edward Star, and Albert G. Kuehne, seamen; Nelson Iverson, George W. Boyd, and Walter Sharvill, coal-heavers ; and seaman Alexy. SEC. 3. * * * Provided, further. That in any case Amount herein where heretofore a pension has been granted, or may here- KSfi after in fact be granted, to any such widow, child, or de- pe pendent parent, by reason of the death of any of the persons named in the second section of this act, in the payment of such pension account shall be taken of any sum paid under this act, and to the extent of its amount said sum shall be in lieu and stead of such pension, and no further. Approved, January 3, 1887. AN ACT for the relief of the sufferers by the wreck of the United States steamer Ashuelot. SEC. 2. That the widow, child, or children, or in the case ers there be not such, then the surviving parent or parents of deceased men. those in the service who were lost in the wreck of the United States steamer Ashuelot, namely: William Gronan, 152 LAWS RELATING TO ARMY AND NAVY PENSIONS. seaman; George Valentine, captain of the bold; Fritz Kackenbach, quarter-master; William Bronsinan, lands- man; Saint Leger Crone, quarter-gunner; Ah Kid, painter; Sun Shing, carpenter's mate; George Ashton, carpenter; Ah Yoo, landsman; Andrew Scotland, private marine; and Benjamin H. Wohlrab, landsman; shall be entitled to and receive, out of any money in the Treasury of the United States not otherwise appropriated, as follows, to wit: The relatives in the order named, of the persons connected with the United States steamer Ashuelot hereinbefore referred to, a sum equal to twelve months 7 sea-pay of each persoi Amount to be lost: Provided. That in any case where heretofore a pensio deducted from has been granted, or may hereafter in fact be granted, any such widow, child, or dependent parent by reason oi the death of any of the persons named in this section^ in the payment of such pension account shall be taken ol any sum paid as above provided, and to the extent of its account said sum shall be in lieu and stead of such peusioi and no further: * * * Approved, January 29, 1887. Act 28 May, AN ACT to amend section forty-one hundred and tliirty-oue of tli< 1896 ' Revised Statutes of the United States, to improve the merchanl marine engineer service and thereby also to increase the efficient of the Naval Reserve, and for other purposes. Be it enacted by the Senate and House of Representatives oj shipping. the United States of America in Congress assembled, * SEC. 2. * * * No master, mate, pilot, or engineer ol steam vessels licensed under title fifty-two of the Revisec Statutes shall be liable to draft in time of war, except foi the performance of duties such as required by his license; and, while performing such duties in the service of th< United States, every such master, mate, pilot, or engineei shall be entitled to the highest rate of wages paid in th< merchant marine of the United States for similar services; and, if killed or wounded while performing such duti< under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges a< corded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. * * * * * . * * Approved, May 28, 1896. JLAWS IN FORCE PROVIDING ARTIFICIAL LIMBS AND SURGICAL APPLIANCES. I . -I7S7. Artificial limbs, etc., to bo furnisluMl every five years. I . 4788. Commutation rates in money value for limbs, etc. C. 4789. Superseded by Sec. 1, Act August 15, 1876. ct August 15, 1876. Regulating the issue of arti- ficial limbs to disabled soldiers, sea- men, and others. C. 4790. Money commutation to those who can not use artificial limbs. SEC. 4791. Transportation for those to whom arti- ficial limbs are furnished. Act February 27, 1877. Amending Sec. 4791 ; re- pealing Sec. 4770; amending Sees. 4787, 4790, and 4791. Act March 3, 1891. Amending Sec. 4787, Revised Statutes, as to artificial limbs. SEC. 1176. Trusses. SEC. 1177. Application for truss. SEC. 1178. Purchase of truss. SEC. 4787. 1 Every officer, soldier, seaman, and marine who Artificial limbs, * etc., to be fur- jwas disabled during the war for the suppression of the re- mshed every five jbellion, in the military or naval service, and in the line of Sec ' u 27J jduty, or in consequence of wounds received or disease con- ISM;' sec. i, 17 ; tracted therein, and who was furnished by the War Depart- so June, 'i87o ; Imeut, since the seventeenth day of June, eighteen hundred June, is??, land seventy, with an artificial limb or apparatus for resec- tion, who was entitled to receive such limb or apparatus , see sec. 1177, R. (since said date, shall be entitled to receive a new limb or imtf'yi Fe| 1877 [apparatus at the expiration of every five years thereafter, [under such regulations as have been or may be prescribed )y the Surgeon-General of the Army. SEC. 4788. Everv person entitled to the benefits of the Commutation rates in money receding section may, if he so elects, receive, instead of value for such limb or apparatus, the money value thereof, at the '- E, -HI -i i i Sec - *' i following rates, namely: For artificial legs, seventy- fivemo; sec. i, s dollars; for arms, fifty dollars; for feet, fifty dollars; for l sX sec. i, 15 apparatus for resection, fifty dollars. SEC. 4789. Superseded by section 1, act of August 15, 1876. AN ACT to regulate the issue of artificial limbs to disabled soldiers, Act. 15 Aug., seamen, and others. Be it enacted by the Senate and House of Representatives o/ 47 ^ e f 7 6 8 c 9 8 - JJJJ; the United States of America in Congress assembled, That 4791 ' R> s< every officer, soldier, seaman and marine, who, in the line of Artificial nmbH. duty, in the military or naval service of the United States, shall have lost a limb, or sustained bodily injuries, depriv- See Acts February 27, 1877, p. 140, and March 3, 1891, p. 141. 153 154 LAWS RELATING TO ARMY AND NAVY PENSIONS. ing him of the use of any of his limbs, shall receive once every five years an artificial limb or appliance, or commu- tation therefor, as provided and limited by existing la^vs, under such regulations as the Surgeon-General of the Army may prescribe; and the period of five years shall be held to commence with the filing- of the first application after the seventeenth day of June, in the year eighteen hundred and seventy. Transportation. g EC< 2. That necessary transportation to have artificial limbs fitted shall be furnished by the Quartermaster- Gei eral of the Army, the cost of which shall be refunded 01 of any money appropriated for the purchase of artificij limbs: Provided, That this act shall not be subject to tl provisions of an act entitled "An act to increase pensioi approved June eighteenth, eighteen hundred and seveiil four. Approved, August 15, 1876. SEC. 4790. Every person in the military or naval servi< who lost a limb during the war of the rebellion, but froi the nature of his injury is not able to use an artificial liml 1870,' sec. i, s shall be entitled to the benefits of section forty-seven hu June, 1872. See -. -,-,.,..,. Sec. i, 15 Aug., dred and eighty-eight, and shall receive inoney-cominu 1876; act 27 Feb., ,. ,, . , , 1877. tiou as therein provided. SEC. 4791. The Secretary of War is authorized and di- 1 to rected to furnish to the persons embraced by the provisions of section forty-seven hundred and eighty-seven transporta- Di8hed - tion to and from their homes and the place where they Act 28 July, be required to go to obtain artificial limbs provided for the j;, i8?2. 2 see under authority of law. sec. 2, 15 Aug., 1876; act 27 Feb., 1877. The above section amended by the following Act: Act 27 Feb., AN ACT to perfect the revision of the statutes of the United Stat 1877 and of the statutes relating to the District of Columbia. Be it enacted by the Senate and House of Representatives the United States of America in Congress assembled, Th{ for the purpose of correcting errors and supplying oniissioi in the act entitled " An act to revise and consolidate tl statutes of the United States in force on the first day December, anno Domini one thousand eight hundred an< seventy three," so as to make the. same truly express suclf laws, the following amendments are hereby made therein: . 4770 re- Section forty- se ven hundred and seventy is struck out LAWS RELATING TO ARMY AND NAVY PENSIONS. 155 Section forty-seven hundred and eighty-seven is amended au ^ J; d 4 7 8 7 by adding at the end of the section the following: "The provisions of this section shall apply to all officers, non-commissioned officers, enlisted and hired men of the land and naval forces of the United States, who, in the line of their duty as such, shall have lost limbs or sustained bodily injuries depriving them of the use of any of their limbs, to be determined by the Surgeon-General of the Army: and the term of five years herein specified shall be see sees. 4788, ? 4789 4790 4791 held to commence in each case with the filing of the appli- B. s. cation for the benefits of this section." Section forty-seven hundred and ninety is amended by inserting, in the second line, after the word " rebellion" the words " or is entitled to the benefits of section forty-seven hundred and eighty-seven." Section forty-seven hundred and ninety-one is amended by adding at the end of the section the following: "The transportation allowed for having artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded from the ap- propriations for invalid pensions." ##***## Approved, February 27, 1877. AN ACT to amend section forty-seven hundred and eighty-seven of the Act. 3 Mar., Revised Statutes of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section forty-seven hundred and eighty-seven of the Ee- Artificial limb. vised Statutes of the United States be amended by strik- ing out the word "five" where it occurs therein, and insert- ing in lieu thereof the word "three" so that when amended said section will read as follows: Every officer, soldier, seaman, and marine who was disabled during the war for the suppression of the rebellion, in the military or naval service, and in the line of duty, or in consequence of wounds received or disease contracted therein, and who was fur- nished by the War Department since the seventeenth day of June, eighteen hundred and seventy, with an artificial limb or apparatus for resection who was entitled to receive such limb or apparatus since said date, shall be entitled to receive a new limb or apparatus at the expiration of every three years thereafter, under such regulations as have been or may be prescribed by the Surgeon-General of the Army. Approved, March 3, 1891. 156 LAWS RELATING TO ARMY AND NAVY PENSIONS. Application for truss. Trusses. g EC . 1176. Every soldier of the Union Army who was ruptured while in the line of duty during the war for the suppression of the rebellion, is entitled to receive a single or double truss, of such style as may be designated by the Surgeon-General, as best suited for his disability. SEC. 1177. Application for such truss shall be made by the ruptured soldier to an examining surgeon for pensions, whose duty it shall be to examine the applicant, and when found to have a ruptured hernia to prepare and forward to the Surgeon -General an application for such truss without charge to the soldier. Purchase of SEC. 1178. The Surgeon-General is authorized and di- rected to purchase the trusses required for such soldiers, at wholesale prices, and the cost of the same shall be paid, upon the requisition of the Surgeon- General, out of any moneys iu the Treasury not otherwise appropriated. RULES OF PRACTICE BEFORE THE COMMISSIONER OF PENSIONS. 157 ICLES OF PRACTICE IN APPEALED CLAIMS BEFORE THE SECRETARY OF THE INTERIOR RELATING TO PENSION AND BOUNTY LAND. RULE 1. An appeal will lie to the Secretary of the luterior from the filial iCtion or order of the Commissioner of Pensions in all cases relating o pension or bounty lands, and each claim so appealed must be accom- anied by its separate appeal. RULE 2. The appeal must be filed with the Secretary and should point out, pecifically, the mistake, or error of fact or of law in the decision, judg- lent, or order complained of. KULE 3. An appeal in a pension case will not be entertained until applicant as filed all attainable evidence and obtained the decision of the Jureau of Pensions thereon; and new and material evidence relative the ground of rejection, filed subsequent to such action, will not be onsidered by the Secretary until the same has been passed upon by he Bureau of Pensions. RULE 4. All additional evidence filed, with a view to the reopening of a ejected pension claim, must be filed in the Bureau of Pensions, and lust finally be passed upon by the Commissioner of Pensions before n appeal based thereon will be entertained. RULE 5. Upon reference to the Bureau of Pensions of an appeal, that Bureau ll make a report thereon showing particularly the action taken, the round upon which based, and the dates of such action, and the attor- ey who is entitled to recognition. 159 160 LAWS RELATING TO AKMY AND NAVY PENSIONS. EULE 6. A report upon an appeal involving a medical question must be accompanied by an opinion of the medical referet, tbereon. KULE 7. An appeal from tbe action of tbe Bureau of Pensions refusing t< recognize fee agreements or a power of attorney, or to pay a fee txj appellant should be based upon the reasons assigned by said Bureai for its action, and should set forth the grounds of the complain! referring to the rules of practice by which it is believed the complaint is sustained. EULE 8. An appeal taken on behalf of a claimant, by or through a suspend^ or disbarred attorney, will not be entertained. EULE 9. No appeal pertaining to the allowance of fee, where refundment hi been called for, will be entertained, unless refundment, as requi] shall have been made. EULE 10. Hereafter more than one motion for reconsideration of a decisioi adverse to a claim will not be entertained by the Department of tl Interior, except when the motion discloses that some material featui of the case has not been considered in the decision or that some init take of law or of fact was committed. EULE 11. An appeal by an attorney will not be entertained, unless he has fil< a duly executed power of attorney for this purpose from the claimant or is entitled under the rules to recognition. EULE 12. I When an appeal to the Secretary of the Interior from the rejecti of a claim for pension is filed, and upon examination of the case at the] Bureau of Pensions it is found that the claim should be opened fo: further action, the Department must be informed of that fact and th appeal will be dismissed by the Secretary. EULE 13. The filing of an appeal in any case shall operate to suspend action the Bureau of Pensions until the appeal has been disposed of, or otlu order made by the Secretary. Except where a claim is filed under tl LAWS RELATING TO ARMY AND NAVY PENSIONS. 161 act of June 27, 1890, and an appeal is pending before the Secretary upon a claim under the general law, all papers may be, in the discretion of the Secretary, returned to the Commissioner, that the new claim may be adjudicated, after which the same will be retransmitted to the Sec- retary, that the appeal may be decided. WEBSTER DAVIS, Approved: Assistant Secretary. E. A. HITCHCOCK, Secretary. MAY 5, 1899. Amendments to Eules of Practice in Appeal Cases before the Secre- tary of the Interior. RULE 14. Appeals from Bureau action in cases under the first, second, and third provisos of the act of March 3, 1899, should be accompanied by due proof of service of a copy of the appeal upon the appellee or his or her attorney of record. Proof of service must be such as will satisfy the Department that the appellee has been informed of the appeal and the contents thereof and may consist of, first, a written acceptance of service by the appellee or his or her attorney of record; or second, a postal registry return receipt card, signed by appellee or attorney of record, accompanied by an affidavit, showing that on a certain date a copy of the appeal was mailed in a registered letter, postpaid, to the appellee or the attorney of record, addressed to a certain post-office, naming it, that the card was returned in acknowledgment of the receipt of such letter; or third, an affidavit, showing that on a certain day and at a certain place a copy of the appeal was personally delivered to the appellee or his or her attorney of record. Appeals, in this class of cases, unaccompanied by due proof of service or a satisfactory reason why personal service can not be made, will not be filed, docketed, or considered, but will be promptly returned to the appellant, or his or her attorney of record for compliance with this rule. KULE 15. Appeals from Bureau action in cases under the first, second, and third provisos of the act of March 3, 1899, when accompanied by due proof of service of a copy thereof upon the appellee, will be tiled, dock- eted, and numbered, and the Bureau of Pensions, the appellant, and appellee promptly notified thereof. The appeal will operate to suspend further payment of the one-half pension in controversy, until a decision shall have been rendered therein by the Department, and the appellee will be allowed thirty days from the date of filing and docketing the appeal in which to file an answer, brief, or argument, in opposition to the appeal, or in support of the Bureau action appealed from. F. L. CAMPBELL, Approved : Assistant Secretary. E. A. HITCHCOCK, Secretary. NOVEMBER 2, 1901. 5323 11 162 LAWS RELATING TO ARMY AND NAVY PENSIONS. EULE 16. Upon the adjudication of a claim for division of pension under the act of March 3, 1899, in the Bureau of Pensions, both parties will be promptly notified by the Bureau, by registered letter, of the action taken. Either party will be allowed thirty days from receipt of said notice to appeal from said action; the appeal to be accompanied by due proof of service of a copy thereof upon the appellee, as required by Rule 14 of Practice, approved November 2, 1901. Unless such Bureau action is appealed from within thirty days from receipt of said notice, the Bureau action shall be deemed to be final, to the extent that all; payments or division of pension in accordance with such Bureau action will not, in the absence of fraud, or mistake of fact, be disturbed. F. L. CAMPBELL, Assistant Secretary. Approved : E. A. HITCHCOCK, Secretary. MAY 6, 1902. ATTORNEYS RULES OF PRACTICE BEFORE THE COMMIT SIONER OF PENSIONS. RULE 1. A person appearing of record in this office as having complied with the requirements of the regulations precribed by the Secretary of the] Interior for the recognition of attorneys or agents for claimants befoi the Department of the Interior will be held authorized to prosecnt any claim for. pension on filing a power of attorney from the claimant RULE 2. The written consent of a claimant is declared essential to a vali( assignment of an attorneyship or agency from one attorney or ageutl to another; and the assignee shall file in each and every claim coveredj by the assignment the consent herein provided for, as well as a schedi of all claims assigned, which schedule shall set out the name of claimai regiment, company, number of claim, and the character thereof. RULE 3. No attorney or agent shall have power to make a valid assignm< of any claim in which he has been recognized for the purpose of prose cuting the same, even with the written consent of claimant, except be at the time of such assignment and of the consent in good standing as a practitioner before this office. RULE 4. No power of attorney purporting to be executed by a claimant will be recognized as a good and valid authority unless the same be signed in the presence of two witnesses and acknowledged before an office duly authorized to administer oaths for general purposes, whose offi< character is certified under seal. LAWS RELATING TO ARMY AND NAVY PENSIONS. 163 RULE 5. No fee contracts filed under the act of July 4, 1884, will be recognized as valid, or payment of fees made thereunder, unless the signature of claimant to the contract is witnessed by two attesting witnesses, and claimant's acknowledgment thereto is before some officer duly authorized to administer oaths for general purposes, whose official signature must be certified under seal. (Commissioner's ruling in re Beller, October 21, 1885.) RULE 6. Articles of agreement in claims for bounty land will be filed in duplicate, and when the claim shall have been allowed and the bounty land warrant issued, one approved copy of said agreement will be forwarded to the attorney of record and the other preserved with the record of the claim. The bounty land warrant will be forwarded direct to the party entitled to the possession thereof. RULE 7. When an attorney or agent is disbarred pending the adjudication of a claim, and, while such disbarment is in force, the claim is adjudi- cated and the certificate issued, and by reason of such disbarment no fee is certified, and thereafter said attorney or agent is restored to practice, and claimant has not by reason of such disbarment canceled or revoked the authority theretofore existing, upon such restoration as aforesaid the lawful fee will be certified and paid to him. RULE 8. When a claimant, pending the disbarment of his attorney of record, employs another attorney, who prosecutes the claim to final adjudica- tion, no fee will be certified the disbarred attorney upon his restoration to practice, but his disbarment will operate as an estoppel to bar any claim for fee. RULE 9. A fee will not be allowed to a guardian who prosecutes the claim of his wardj nor to a firm of attorneys of which the guardian is a member. RULE 10. When an attorney or agent is called upon by this office to furnish evidence in any claim, he will be allowed ninety days to furnish such evidence or give reasons why he fails to do so: Provided always, That before such attorney is dropped or another attorney recognized, at any time within one year, he shall be given thirty days' notice to show cause why he is not guilty of laches. In the event that such answer be not filed within thirty days from the mailing of such notice, 164 LAWS RELATING TO ARMY AND NAVY PENSIONS. or if the said answer to said notice shall be held by the Commissioner to be insufficient, claimant will be notified of such failure either to file the evidence called for or show cause why it is not filed, and may file the same, either himself or by such other attorney as he may elect j and upon the recognition of such other attorney the former attorney or agent will be estopped from claiming any fee. RULE 11. To call up a case will not per se be held a substantial compliance with any specific requirement of this office. (Commissioner's ruling in re George L. Waggoner, October 19, 1885.) EULE 12. Attorneys will be required to exercise due diligence in all cases which they are recognized as attorneys of record. Neglect to prosecul a claim for one year will be held, in default of cause shown therefc conclusive evidence of abandonment of a claim by an attorney, ai claimant will be so informed. (Commissioner's ruling in re George Waggoner, October 19, 1885.) RULE 13. Upon the rejection of a claim for pension, or bounty land, the duly I constituted attorney of record shall be notified of such rejection and] the reason therefor, and shall be allowed ninety days from the date such notice in which to file a motion for reconsideration, sustained byl material evidence, or to enter an appeal to the Secretary of the Inte- rior, in default of which he shall be held to have abandoned the case, and the claimant may employ any other duly qualified attorney to fur-j ther prosecute the claim. RULE 14. No claims pending in this Bureau will be considered out of the rej lar order of business upon the request of attorneys or agents or ai other person whomsoever, except for good cause shown and upon order of the Commissioner of Pensions. RULE 15. From and after the 1st day of January, A. D. 1886, all pension agenl where claimants allege payment by them of any sum or sums to theiri] attorney of record shall request said claimants to make affidavit to tl amount of payment, the date of payment, under what certificate made,! and, as far as may be in their recollection, how such payment was made;|l and that the said affidavit shall be in manner and form substantial as Drovided by order No. 124, under date of December 3, 1885. LAWS RELATING TO ARMY AND NAVY PENSIONS. 165 BULB 16. Each and every affidavit shall be executed in duplicate, one to be retained by the pension agent as his voucher and authority in the premises for deducting the amount sworn to have been paid, and the duplicate thereof to be promptly forwarded to the Commissioner of jPensious for tiling with the record in the claim wherein such affidavit (purports to be made. RULE 17. Where claimant can not make such affidavit as is herein prescribed land set forth with reasonable certainty, the pension agent shall pay jthe fee certified by the Commissioner of Pensions or called for by the agreements without deduction : Provided, That if, in the opinion of 16 pension agent, reasonable doubt exists as to the fact of said pay- it and yet the said claimant be unable to make such affidavit as irein prescribed, said agent shall certify said case to the Commissioner Pensions for his consideration and decision. (See sec. 4784, R. S.) RULE 18. Every attorney, agent, or other person recognized by this Depart- KM it as entitled to practice before it, or before the Commissioner of (Pensions in prosecuting claims for pensions, shall cause to be filed with ie Commissioner of Pensions, not less than ten days before the same (are issued for general circulation, copies of all circular letters intended id framed to solicit business before the Commissioner of Pensions, if at the end of ten days from filing the same such circular letters [are not disapproved, and notice thereof furnished the person filing the (same, they shall be held prima facie to be in manner and form approved. RULE 19. Claims for increase of pensions shall not be considered or held as laims pending within the prohibition of section 190, Revised Statutes >f the United States. (Secretary's decision on the appeal of Luther [arrison, October 6, 1885; Commissioner's ruling in re Deloss E. Top- ping, November 20, 1885.) RULE 20. Appeals by attorneys or agents to the Secretary of the Interior in msion and bounty-land cases will not be considered unless the Com- lissioner of Pensions has taken final action upon the question to which ley relate. Such appeals must be addressed to the Secretary of the iterior, and must set forth the specific errors of law or of fact upon rhich they are based. Appeals which do not conform to the above luirements will be dismissed as informal. 166 LAWS RELATING TO ARMY AND NAVY PENSIONS. RULE 21. Every attorney, agent, or other person recognized by this Depart- ment as entitled to practice before it or before the Commissioner of Pensions in prosecuting claims for pension shall be required to use due diligence in the prosecution of said claims, and any attorney, agent, or other person who shall, directly or indirectly, request of any United States Government official or representative, other than those whose duty it is under the law to supervise and administer the laws, rules, and regulations governing the granting of army and navy pensions, aid or assistance in the prosecution of a pension claim, or who shall, directly or indirectly, request or advise a claimant to seek such aid in the prosecution of a pension claim, shall be held to have abandoned the claim as attorney and shall thereby forfeit his attorneyship in such claim. RULE 22. Every attorney, agent, or other person recognized by this Depart- ment as entitled to practice before it or before the Commissioner of Pensions in prosecuting claims for pension who shall violate the pi visions of Rule 21, promulgated on the same date as this rule, shall held to be incompetent to prosecute claims before the Bureau of Pei sions within the meaning of section 5 of the act of July 4, 1884, and shall thereby subject himself to suspension or exclusion from practice before the Commissioner of Pensions. RULE 23. All rules and orders inconsistent with the foregoing are hereby abrogated. H. CLAY EVANS, Commissioner. Approved. E. A. HITCHCOCK, Secretary. DEPARTMENT OF THE INTERIOR, May 11, 1899. REGULATIONS RELATING TO ARMY AND NAVY PENSIONS FOR THE GUIDANCE OF CLAIMANTS AND ATTORNEYS. 167 REGULATIONS. An observance of the following instructions will generally enable a claim- to intelligibly present his claim for pension to the Commissioner of ms for settlement. Declarations and Evidence. All declarations and evidence must be executed in accordance with |-jhe provisions of the act of Congress approved July 26, 1892. Invalid. Blank forms for a declaration will be furnished to claimants upon ipplication therefor, but will not be furnished to attorneys and claim igents. The declaration should set forth the company and regiment in which the applicant- served, the name of the commanding officer of the com- pany or organization, and the dates of enlistment and discharge. In Navy cases the vessel upon which claimant served should be stated. |lf the claim is made on account of a wound or. injury, the declaration should set forth the nature and locality of the wound or injury, the time when, the place where, and the circumstances under which it was iived, and the duty upon which the applicant was engaged. If the wound or injury was accidental, the applicant should state whether it happened through his own agency or that of other persons, id he should minutely detail the circumstances under which it was jeived. If the claim is made on account of disability from disease, the appli- mt should state in his declaration when the disease first appeared, place where he was when it appeared, and the duty upon which he at the time engaged. He should also detail the circumstances of :posure to the causes which, in his opinion, produced the disease. r hether the application be made on account of disability from injury >r disease the claimant should state the names, numbers, and localities )f all hospitals in which he received medical or surgical treatment, giv- ig the dates of his admission thereto as correctly as he may be able. The applicant should state whether he was in the military or naval (service prior to or after the term of service in which his disability 'iginated. The applicant should state his post-office address. In cities, the street id number of his residence should be given. 170 LAWS RELATING TO ARMY AND NAVY PENSIONS. The identity of the applicant must be shown by the testimony of two credible witnesses, who must appear with him before the officer by whom the declaration may be taken. Nature of the Evidence required to sustain a Claim for Invalid Pension. As soon as practicable after the receipt of a claim for pension, appli- cation will be made by this office, in Army cases, to the Adjutant- General and the Surgeon-General of the Army, for a report of the appli- cant's service and evidence in regard to the disability alleged which may appear upon the rolls and other records in the possession of those officers. In Navy cases application for such evidence will be made to the proper Bureaus of the Navy Department. When the records of the War or Navy Department do not furnish satisfactory evidence that the disability on account of which the claim is made originated in the service of the United States and in the line of duty, the claimant will be required to furnish such evidence, in accord- ance with the instructions hereinafter given, compliance with whicl must be full and definite; and if the disability results from a wound other injury, the nature and location of the wound or injury, the tirn< when, the place where, and the manner in which it was received, wheth< in battle or otherwise, should be shown by the affidavit of some one whc was a commissioned officer and had personal knowledge of the facts. If the person called upon to give evidence is still in the service as commissioned officer, his certificate will be accepted in lieu of his davit. If there is no record df the disability claimed, the applicant will be called on to furnish the testimony of the surgeon by whom he was treated, showing the location and nature of the wound or injury and the circumstances under which it was received. If the disability arises from disease, the testimony of the person who was surgeon or assistant surgeon of the regiment to which the applicant belonged, or the vessel on which he served, should, if possible, be furnished, showing the name or nature of the disease, the time when, the place where it was coi tracted, and the circumstances of exposure to the causes which, in hi opinion, produced the same. The surgeon should state whether, in his opinion, the habits of applicant had any agency in the production of the disease. In any claim, whether made on account of injury or disease, if it shown that the testimony of a surgeon, assistant surgeon, or other coi missioned officer cannot be produced as evidence of the origin of tl disability alleged, the testimony of other persons having personal know! edge of the facts will be considered. In a claim on account of disability from disease, he must furnish the testimony of the physicians who have attended him since the date of discharge, explicitly setting forth the history of the disease and disa- bility since its first appearance. It is especially important that the physician who first attended the applicant after his discharge should LAWS RELATING TO ARMY AND NAVY PENSIONS. 171 ,ate the date at which his attendance commenced and his condition at tat time. If it should not be possible for the applicant to show the mdition of his health during the whole period since the date of his ischarge by the testimony of physicians, the cause of his inability to 3 so should be stated by him under oath. The testimony of other per- ms on this point may then be presented. The statement of the wit- esses in regard to the manner in which the applicant was affected lould be full and definite, and they should state how they obtained a Qowledge of the facts stated by them. Claims for Increase of Invalid Pensions. A pensioner who may deem himself entitled to an increase of pension lould file a declaration setting forth the ground upon which he claims ich increase. Claims for Renewal of Pensions. Applications for renewal of pension must be made to the Coinmis- oner by a declaration executed as in original claims, setting forth that le cause for which pension was allowed still continues. In cases of unclaimed pensions, evidence must be filed satisfactorily ccounting for the failure to claim such pension; and, in invalid claims, edical evidence showing the continuance of the disability. Blank forms of declaration will be furnished by this office at the squest of the claimant, but will not be furnished to agents or attorneys. Claims of Widows and Children. THE DECLARATION. The blank form of declaration, with the accompanying notes, which ; furnished by this office upon the request of a claimant, sufficiently idicates the facts which should be stated by the widow or guardian. EVIDENCE. The facts relating to the cause of the soldier's death on account of rhom the pension is claimed, including his last illness and date and lace of death, should be set forth fully and in detail, and should be roven by the physicians who attended him during his illness; but rhen that is impossible, the testimony of other persons who are ac- uainted with the circumstances may be furnished. PROOF OF MARRIAGE IN WIDOWS 7 CLAIMS. The marriage of the applicant to the person on account of whose ervice and death the claim is made should be shown (1) By a duly verified copy of a church or other public record; or (2) By the affidavit of the clergyman or magistrate who officiated ; or (3) By the testimony of two or more eye witnesses to the ceremony ; or (4) By a duly verified copy of the church record of baptism of the hildren; or 172 LAWS RELATING TO ARMY AND NAVY PENSIONS. (5) By the testimony of two or more witnesses who know that thefj parties lived together as husband and wife, and who will state how long, , within their knowledge, such cohabitation continued. Special provision, however, is made by section 4705 of the RevisedJ Statutes in regard to the character of the evidence which shall bet required in the claims of widows and children of colored and I ndian soldiers and sailors. PROOF OF THE DATES OF BIRTH OF CHILDREN. The dates of birth of children should be proved (1) By a duly verified copy of the church record of baptism or other) public record ; or (2) By the affidavit of the physician who attended the mother ; or (3) By the testimony of persons who were present at the births, whoi should state how they are able to testify to the precise dates. If any child of the person on whose account the claim is made died) after the date at which the widow's pension will commence, the date oi the death must be shown. CLAIMS ON BEHALF OF MINOR CHILDREN. In claims on behalf of minor children the guardian must furnish p upon the following points : (1) A copy of his letters of guardianship, bearing the seal of court making the appointment, together with the certificate of the court that such appointment has not been revoked; which certificate should j also state the amount of the guardian's bond. (2) The cause and date of the father's death, the marriage of the parents, and the dates of birth of the children must be proved. When, however, satisfactory proof upon these points has been furnished in the claim of the widow, it will not again be required in the claim on beh of the minors. (3) If the mother of the children is dead, the date of her death m be proved. If she remarried, her remarriage must be proved in same manner that her marriage to the father of the children is requi to be proved. If the claim is made on account of the widow havi abandoned the children, or on account of her untitness to have cust of them, the abandonment or unfitness can be shown by the certifica of the court having probate jurisdiction or upon the presentation satisfactory evidence thereof to the Commissioner of Pensions. (4) If the mother of the children died before the father, it must shown whether he again married. (5) It must be shown whether the father left any other pensionab! child than those for whose benefit the claim is made; and, if so, why | such child is not embraced in the application. A guardian is not enti- tled on account of a child which died prior to the date of the application. ! LAWS RELATING TO ARMY AND NAVY PENSIONS. 173 Claims of Dependent Relatives. DEPENDENT MOTHERS. A mother must show her relationship, the date and cause of the son's sath, and whether he left a widow or minor children surviving, and er dependence upon him for support at the time of his death. In proof of dependence it must be shown that previous to the date of le said son's decease her husband had died, or that he had permanently oandoned her support, or that on account of disability from injury or isease he was unable to support her. If the husband is dead, the date f his death must be proved. If he abandoned the support of his family, le date of such abandonment and all the facts of the case, showing hether he ever returned or ever afterward contributed to the support f the claimant, must be fully set forth. If he was disabled, the nature ad cause of the disability and when and to what extent it rendered im unable to support the claimant must be shown by the testimony of is physician. The extent of his disability during the period from the in's death to the present time should also be shown. The value of the property ot the claimant and her husband, the income hich they derived therefrom, and the other means of support possessed y them while she was receiving the contributions of her said son, and x>m that time to the present, should be shown by the testimony of redible and disinterested witnesses, who must state how they know the icts. The value of property assessed for taxation may be shown by the sstimony of the officer having possession of the records relating thereto, he true as compared with the assessed value should be stated. It must be shown to what extent, for what period, and in what man- er her said son contributed to her support, by the testimony of persons M* whom the son labored, to whom he paid rent, of whom he purchased roceries, fuel, clothing, or other necessary articles for her use, or of hose who otherwise had a knowledge of the contributions of the son, ud who must state how they obtained such knowledge. Any letter rom the son bearing upon the question of support should be filed. If le son, in any other manner than by actual contributions, acknowledged is obligation to support his mother, or was by law bound to such sup- ort, the facts should be shown. DEPENDENT FATHERS. A father claiming pension on account of the death of his son, upon rhom he was dependent for support, must prove (1) The cause and date of his son's death; that said son left no widow r minor child surviving him; the cause and extent of his disability uring the period in which the son contributed to his support, and from Ihat time to the present ; the amount of his property and all other means ! )f support possessed by him during that period, and the extent of his jlependence upon his son for support. The facts of the case in these 174 LAWS RELATING TO ARMY AND NAVY PENSIONS. respects should be shown by such testimony as is required in the claimfj of a mother. (2) The date of his marriage, the date of the death of the mother/ j and the date of birth of the son must be proved. In case the mother applied for pension, reference should be made tol her application, and the number of the same or of her certificate should! be given. Evidence upon any point established in her claim will notf! again be required. MINOR BROTHERS AND SISTERS. The claim on behalf of minor brothers and sisters should be made byj a guardian duly appointed, who must furnish the evidence of his or her authority under the seal of the court from which the authority wasi obtained. He must prove the cause and date of the death of the brother on whose account the claim is made, his celibacy, the dates of death of the mother and father, his relationship to the persons on whose behalf the claim is made, the dates of their births, and their dependence upon the brother for support. If the mother or father applied for p< sion, the number of his or her application or of his or her certifi< should be given. Evidence upon any point established in the claim the mother or father will not again be required. In the administration of the pension laws no distinction is made between brothers and sisters of the half blood and those of the whole) blood. Witnesses and Testimony. Evidence executed before the attorney of record in a claim or before any person who has a manifest interest therein will not be considered. All certificates of executing officers must certify that they have iioj interest in the claim. It is desirable that the facts required to be proved in the prosecuti< of a claim for pension should, if possible, be shown by the testimony other persons than near relatives of the claimant. Every fact required to be proved should be shown by the best dence obtainable. Every witness should state whether he has interest, direct or indirect, in the prosecution of the claim in which may be called to testify, and give his post-office address. Witnesses should not merely confirm the statements of other parti< but they should give a detailed statement of the facts known to th( in regard to the matter concerning which they may testify, and th< should state how they obtained a knowledge of such facts. The offi< who may take the deposition must certify as to his knowledge of tl credibility of the witnesses, and must state how such knowledge was obtained. If they sign by mark, he must certify that the contents of their depositions were fully made known to them before he administered j the oath. It is desirable that affidavits should be free from interlineations and 1 LAWS RELATING TO ARMY AND NAVY PENSIONS. 175 erasures. When aii alteration is made iii aii affidavit, or an addition is made thereto, it must appear by the certificate of the officer who I administered the oath that such alteration or addition was made with [the knowledge and sworn consent of the affiant. In all affidavits from surgeons or physicians it is desirable that that ||portion detailing the nature of the disability, dates of treatment, and ( death, symptoms and opinions as to connection between diseases or injury and disease, should be in the handwriting of the party by whom fit is signed. The testimony of any person as an expert should be Ijdrawn up by some one professionally competent to make such a statement. The official certificates of judicial officers using a seal, or of commis- isioned officers of the Army and Navy in actual service, will be accepted without affidavit ; but all other witnesses must testify under oath. Copies or Originals of Papers. Private papers or personal mementoes filed as evidence in claims for pension become a part of the record. Copies of same or originals can only be returned within the discretion of the Commissioner of Pen- sions, upon application by the parties properly entitled thereto. Certified copies of declarations, affidavits, or certificates of medical examinations on file in claims for pension can only be furnished upon t he call of a court or department wherein the same are to be used as 'evidence, under the following conditions: [Law Division. 3-471.] DEPARTMENT OF THE INTERIOR, BUREAU OF PENSIONS, Washington, D. C., , 189. SIR: In response to your communication, returned herewith, you are informed that certified copies of any papers on file in a claim for pension in this Bureau can be furnished only upon the request of a court or department wherein the same are to be used as evidence, and, if for use in a court, upon the following conditions: This Bureau should be advised of the nature of the suit, the names of the parties thereto, and in what court the action is ponding. The party who desires to use the certified copies should state what he expects to prove by them, and make oath in due form that this evidence is material to his cause; that the object of its use can not be attained by the substitution of any other evi- dence; that without it he may suffer irreparable injury, and that the United States Government is not involved as a party to the action nor interested in the result thereof. With such affidavit he should file a request from the judge of the court in which the action is pending for the production of such certified copies. The papers of which copies are desired should be clearly specified, and the name of the soldier upon whose service the claim was based, the designation of the organi- zation in which he served, and if possible the number of the claim or the certificate should be stated, in order that the case may be identified and unnecessary delay avoided. Very respectfully, , Commissioner. 176 LAWS RELATING TO ARMY AND NAVY PENSIONS. Pensions to the Survivors of the Wars prior to 1861, and to their Widows. ; (1) WAR OF THE REVOLUTION, SERVICE PENSIONS. (a) Widows of! soldiers who served for fourteen days or more, or were iu any battle dur-j ing the war, are entitled, provided they have not remarried, to eight dollars per month from March 9, 1878, and twelve dollars per month from March 19, 1886. (b) Widows of Revolutionary soldiers who in their lifetime were granted pensions are entitled, under section 4743, Revised! Statutes, to pension at the same rate as was paid the husband, not- withstanding remarriage, upon proof of present widowhood, (c) There] is no law granting pension to the daughters or other descendants of soldiers of the Revolution. The daughters of Revolutionary soldiers who are now drawing pensions were placed on the pension roll byj special acts of Congress. (2) WAR OF 1812, SERVICE PENSIONS. (a) Under sections 4736 to I 4740, Revised Statutes, soldiers and sailors who served for sixty days or] more in this war and were honorably discharged, or who were pei sonally named in any resolution of Congress for specific service thereii and the widows of such soldiers and sailors, are entitled to eigl dollars per month from February 14, 1871, upon proof, by all appl cants, of loyalty to the United States Government during the war of the rebellion, and by widow applicants of their marriage to the soldier! or sailor prior to the treaty of peace, February 17, 1815. (b) Under! the act of March 9, 1878, soldiers and sailors who served fourteen days or more, or were in any battle during the war, and were honorably dis- charged, and the widows of such soldiers and sailors, irrespective of the date of marriage, are entitled to eight dollars per month from March 9, 1878. Under the act of March 19, 1886, widow pensioners mentioned in this paragraph are entitled to twelve dollars per month from that date, (c) There is no law granting service pension to the) descendants of soldiers or sailors of the War of 1812, nor increase to the soldier or sailor himself on account of disability, age, or infirmity. The rate of pension does not vary with the rank of the soldier or sailor, nor can it be increased for any cause. (3) INDIAN WARS FROM 1832 TO 1842, SERVICE PENSIONS. (a) The I act of July 27, 1892, provides pension for the surviving officers and] enlisted men, including marines, militia, and volunteers, who were in the military or naval service of the United States for thirty days in the Black Hawk war, the Creek war, the Cherokee disturbances, or the 1 Florida war with the Seminole Indians, and were honorably discharged; or who were personally named in any resolution of Congress for specific | service therein ; and for their widows, provided they have not remarried. | All pensions under this act are fixed at eight dollars per month irre- spective of rank; are not subject to increase for any cause; and are! payable from July 27, 1892; but the pension of a widow whose husbandl was living on that date commences from the day of his death, (b) Thisl act does not provide pension for any descendant of the soldier or sailor, j LAWS RELATING TO ARMY AND NAVY PENSIONS. 177 (4) MEXICAN WAR, SERVICE PENSIONS. (a) Under the act of Jan- uary 29, 1887, officers and enlisted men who were in the military or oaval service of the United States for sixty days in Mexico, or on the 3oasts or frontier thereof, or en route thereto, or who were in a battle, ind were honorably discharged 5 or who were personally named in my resolution of Congress for specific service therein, are entitled to tension if sixty-two years of age; or, if not, upon proof of pensionable Usability or dependence. (&) Widows of officers and enlisted men who kerved as above are entitled to pension on the same conditions as to |ige or dependence as apply to the officer or soldier ; but disability incurred while voluntarily aiding or abetting the late rebellion does not jive title to pension, nor are any persons entitled thereto while under ;he political disabilities imposed by the fourteenth amendment to the ponstitution. Pensions under this act commence on January 29, 1887, f a pensionable condition by reason of age or dependence then existed; ]f not, then on the date the applicant becomes sixty- two years of age j>r dependent within the meaning of the law. The rate of pension is Light dollars per month irrespective of rank ; which rate, for survivors v r ho were pensioners on January 5, 1893, may be increased to twelve llollars under the act of that date, on proof that the pensioner is wholly Ilisabled for manual labor and in such destitute circumstances that ght dollars is a sum insufficient to provide him with the necessaries life, (c) Widows' pensions are not subject to increase, nor are the scendants of survivors entitled to service pension. (5) NAVY SERVICE PENSIONS. (a) Under sections 4756 and 4757, ,e vised Statutes, pensions for twenty years' service, and for ten years' jrvice, are allowed by the Secretary of the Navy to enlisted men and [>pointed petty officers who have not been discharged for misconduct, ension commences on the date of filing the claim therefor in the Navy Department, and, for twenty years' service, amounts to one-half the onthly pay of the applicant's rating at his discharge; for ten years' *rvice, the pension can not exceed the rate for total disability, and is xed, as is also its duration, by a board of naval officers. The applica- on should be addressed to the Secretary of the Navy, and all subse- uent communications to the Chief of the Bureau of Navigation, Navy epartmeut, Washington, D. C. (b] Pensions are not granted for a arvice of less than ten years except as provided in paragraphs 2, 3, Qd4. (6) PENSIONS FOR DISABILITY OR DEATH DUE TO SERVICE PRIOR o MARCH 4, 1861. (a) Soldiers who were wounded or injured or who ontracted disease in the line of duty are entitled to pension corre- ponding in rate to the degree of disability incurred in service. Per- in the naval service are entitled to a like pension under the same onditions, excepting that no pension may be granted to an engineer, fireman, or a coal heaver for disability incurred prior to August 31, 12 178 LAWS RELATING TO ARMY AND NAVY PENSIONS. 1842. (b) The widows, or children under sixteen years of age, of sol- diers who served prior to March 4, 1861, are entitled to pension if the soldier's death was due to causes originating in time of actual war, and not otherwise, (c) The widows, or children under sixteen, of sailors who served prior to March 4, 1861, are entitled to pension only when the death occurred in the service and in the line of duty. Pensions mentioned in this paragraph, if not applied for within three years from the discharge or death of the person on whose account the right to pension exists, or within three years of the termination of a pension previously granted on account of the service and death of such person, commence from the date of filing, by the person prosecuting the claim, the last paper requisite to establish it. (d) There is no provision of I law allowing pensions to the parents, brothers, or sisters of persons] who rendered military or naval service prior to March 4, 1861. (7) BOUNTY LAND. (a) Service, to give title to bounty land, must] have been for at least fourteen days or in a battle prior to March 3, 1855 ; and, if in the Navy or Eegular Army, must have been in some war i in which the United States Government was engaged. (b) Inquiri< relative to the assignment of bounty-land warrants and to homesl lands for services during the war of the rebellion should be addret to the Commissioner of the General Land Office, Interior Department (8) MISCELLANEOUS. (a) Applications for reimbursement should bej filed with the Auditor for the Interior Department, Treasury Depart- ment, (b) Communications relative to back pay, extra pay, and bounty in money for military service should be addressed to the Auditor for the War Department; in regard to bounty, extra pay, or prize money for naval service, to the Auditor for the Navy Department, (c) When a certificate of service in lieu of a lost discharge is desired, application should be made to the Adjutant General, U. S. Army, War Depart- ment, if the service was in the Regular Army; to the Chief of Record and Pension Office, War Department, if the service was in a volun-| teer organization, and to the Chief of the Bureau of Navigation, Department, if the service was in the Navy, (d) Copies only of di charges are furnished by this Bureau when the originals were filed claims made on account of service rendered prior to March 4, 1861, no such copy will be furnished for use in claims against the Govei ment. (e) Eemarriage after the soldier's death (except in the case certain widows referred to in (b) of paragraph 1) and prior to the pj sage of an act taking effect from the date of its approval deprives thej widow of the benefits of such act. In the case of remarriage subse-| quent to the approval of such act, pension may be paid from the datejj of approval, or from the date of the soldier's death if after approval,] to the date of remarriage. LAWS RELATING TO ARMY AND NAVY PENSIONS. 179 [Act of June 27, 1890.1 RULES AND REGULATIONS. All pensions under this act will commence from the date of filing the mnal application (after the passage of the act) in the Pension Bureau. No application for pension under this act will be good unless filed in tie Pension Bureau on or after June 27, 1890 (date of the act), or if not i the form, substantially, prescribed by the Secretary. Discharge certificate need not be filed until called for. The rates of this law are not affected by the rank of the soldier. This act provides thefollowing rates : For dependent father or mother, 12. The widow, $8, and $2 additional for each child of soldier under xteen years; and if the widow dies, the child or children can draw iich pension. The soldier is entitled to any rate from $6 to $12, ac- ording to inability to earn a support. A pensioner under existing laws may apply under this one, or a pen- oner under this one may apply under other laws, but can draw only ne pension at the same time. This law requires in a soldier's case: (1) An honorable discharge. (2) That he served at least ninety days. (3) A permanent physical or mental inability to earn a support, but ot due to vicious habits. (It need not have originated in the service.) In case of a widow : (1) That the soldier served at least ninety days. (2) That he was honorably discharged. (3) Proof of death ; but it need not have been the result of his army ervice. (4) That the widow is " without other means of support than her aily labor." (5) That she married soldier prior to June 27, 1890, date of the act. In dependent parents' case : (1) That the soldier died of a wound, injury, or disease which under rior laws would have given him a pension. (2) That he left no wife or minor child. (3) That mother or father is at present dependent on her or on his wn manual labor, being " without other present means of support than leir own manual labor or the contributions of others not legally bound their support." The benefits of the first section of the act of June 7, 1890, are not confined to the parents of those who served in the war f the rebellion, but are extended to all parents where pensionable ependeuce has arisen on account of the death of a son who served ince said war in behalf of the United States. (4) That in case a minor child is insane, idiotic, or otherwise perma- ently helpless the pension shall continue during the life of said child r during the period of such disability, and this proviso shall apply to 180 LAWS RELATING TO ARMY AND NAVY PENSIONS. all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this act. The rules and regulations of the Department will govern all appli- cants and attorneys. No contract for attorney's fee shall provide for a sum greater than $10, but in the absence of a contract the attorney's fee shall be $10. H. CLAY EVANS, Commissioner of Pensions. The foregoing rules and regulations, with the forms here following, are adopted and approved. E. A. HITCHCOCK, (Secretary of the Interior. BLANK FORMS OF DECLARATIONS ARMY AND NAVY PENSIONS. 181 LAWS RELATING TO ARMY AND NAVY PENSIONS. 183 [3-001. Old No. 3 010.] DECLARATION FOR ORIGINAL INVALID PENSION. STATE OF , County of , ss: On this day of , A. D. one thousand nine hundred and , person- ally appeared before me, a within and for the county and State afore- said, , aged years, a resident of , county of , State of , who, being duly sworn according to law, declares that he is the identical person who was enrolled at , under the name of , on the day of , 1 , as a in [here state rank, and company and regiment in the Army, or vessel, if in the Navy] , and was discharged at on the day of , 1 ; that his personal description at enlistment was as follows: Age, years; height, feet inches; complexion, ; hair, ; eyes, . That while a member of the organization aforesaid, in the service and in the line of his duty at , on or about the day of , 1 , he, [here state name or nature of disease, or the location of wound or injury. If disabled by disease, state fully its causes; if by wound or injury, the precise manner in which received]. That he was treated in hospitals as follows: [here state the names or numbers and the localities of all hospitals in which treated, and the dates of treatment]. That he was employed in the military or naval service prior to -, 1 . That he has been employed in the military or naval service since i , 1 . [here state what the service was, whether prior or subsequent to that stated above, and the dates at which it began and ended]. That prior to his entry into the service above named he was a man of good, sound physical health, being when enrolled a . That he is now incapacitated for procuring his subsistence by manual labor by reason of his disabilit , described above, incurred in the service of the United States; and he therefore makes this declaration for the purpose of being placed on the invalid-pension roll of the United States. That he is a pensioner. That he has heretofore applied for pen- sion. [if a pensioner, the certificate number only need be given. If not, give the number of the former application, if one was made]. That his post- office address is , county of , State of . [Claimant's signature.] Attest: (1) . (2) . Also personally appeared , residing at , and residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and 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 acquaint- ance with him of years and years, respectively, that he is the indentical person he represents himself to be; and that they have no interest in the prosecu- tion of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190 , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, 184 LAWS RELATING TO ARMY AND NAVY PENSIONS. [L. s.] including the words erased, and the words added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of j office must be certified by the proper State, county, or city officer under his official seal, 'unless such { a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. a LAWS RELATING TO ARMY AND NAVY PENSIONS. 185 B [3-003. Old No. 3 Oil.] B DECLARATION FOR THE INCREASE OF AN INVALID PENSION. The pension certificate should not be forwarded with the application. [STATE OF , County of ss: On this day of , A. D. one thousand nine hundred and , per- sonally appeared before me, a within and for the county and State iforesaid, , aged years, a resident of , county of , State of , who, being duly sworn according to law, declares that he is a pen- sioner of the United States, enrolled at the pension agency at the rate of dollars per month, by reason of disability from [here name the dis- .bility for which pensioned] incurred in the [military or naval] service of ihe United States while a [here state rank, and company and regiment if in ihe Army, or vessel if in the Navy] in . That he believes himself to be sntitled to an increase of pension on account of . [Here state the reasons for ipplying for increase. If on account of increase in the disability for which already pensioned, that should be described. If on account of disability for which not pen- sioned, the nature and location of the wound or injury, or the name of the disease, md the time, place, and circumstances of its origin, and the names of hospitals svhere treated in the service, should be fully stated. The date of treatment should >e given as nearly as possible.] That he hereby appoints , of , bis true and lawful attorney, to prosecute his claim. That the number of his pen- sion certificate is . That his post-office address is , county of , State of . [Claimant's signature.] Attest: (1) . (2) . Also personally appeared , residing at , and residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw the claimant, sign his name (or make his mark) to the foregoing declara- tion; that they have every reason to believe, from the appearance of said claimant md their acquaintance with him of years and years, respectively, that be is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190 ; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, [L.S.] including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 186 LAWS KELATING TO ARMY AND NAVY PENSIONS. To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in' the prosecution of the claim. g LAWS RELATING TO ARMY AND NAVY PENSIONS. 187 [3-031. Old No. 3-030.1 DECLARATION FOR NAVY INVALID PENSIONS. To be executed before a court of record or some officer thereof having custody of its seal, a notary jublic whose official signature shall be verified by his official seal, and in case he has none- his signa- ;ure and official character shall be certified by a clerk of a court of record, or a city or county clerk, ar a justice of the peace, whose signature and official character shall be certified as above. STATE OF , County of , ss: On this - - day of - , A. D. one thousand nine hundred and - , per- sonally appeared before me, a - , authorized to administer oaths for general purposes, within and for the county and State aforesaid, , aged years, a resident of the of , county of , State of - , who, being duly sworn according to law, declares that he is the identical who enlisted in the naval service of the United States at on the - day of , in the year , as a , and served on the following- named ships: , and was honorably discharged on the day of , in the year , at ; that his personal description is as follows: Age, years; height, feet inches; complexion, ; hair, ; eyes, ; that while in the service aforesaid, and in the line of his duty at , on or about the day of , , he . [Here state name or nature of disease, or the location of wound or injury; if disabled by disease, state fully its causes; if by wound or injury, the precise manner in which received.] That he was treated in hospitals or vessels as follows: . [Here state the names or numbers, and the localities of all hospitals in which treated, and the dates of treatment.] That he has been employed in the military or naval service otherwise than as stated above . [Here state what the service was, whether prior or subsequent to that stated above, and the dates at which it began and ended.] That he rendered no service prior to , nor subsequent to . That since leaving the service this applicant has resided in the of , in the State of , and his occu- pation has been that of a . That prior to his entry into the service above named he was a man of good, sound, physical health, being when enlisted a . That he is now disabled from obtaining his subsistence by manual labor by reason of his injuries, above described received in the service of the United States; and he therefore makes this declaration for the purpose of being placed on the invalid pen- sion roll of the United States. He hereby appoints, with full power of substitution and revocation, , of , State of , his true and lawful attorney to prosecute his claim. That he has received applied for a pension. That his post-office address is , county of , State of . [Claimant's signature.] Also personally appeared , residing at , and - , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present arid 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 that they have no interest in the prosecution of this claim. [Signatures of witnesses.] 188 LAWS RELATING TO ARMY AND NAVY PENSIONS. -, A. D. 190, and I Sworn to and subscribed before me this day of - hereby certify that the contents of the above declaration, etc., were fully] made known and explained to the applicant and witnesses before swear- [L. s.] ing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official character.] 5; GO $ p a E The claimant's identity and loyalty must be proven by two witnesses, certified by the juuici officer to be respectable and credible, who are present and witness the signature of the declarant : certify to his identity and loyalty under oath or affirmation. Declarations and other papers should be as legible and as clear in statement as possible. Where any evidence is already on file in any department of the Government, a definite descriptic of and specific reference to it will render it available in any subsequent claim. The post-office address (naming street and number in all large cities) of the applicant, attorney.! and witnesses should be embodied to or accompany every application, and all evidence in each claim;\ and each change of residence of said parties while communicating with the Pension Office or tl pension agents should be stated. Pensions are by law exempt from any liability on account of the obligations of the pensioners, no lien upon them can be recognized. Testimony in support of allegations made in a declaration may be taken before any officer wl authority and signature are duly certified and who shall disclaim any interest, direct or indirect, the prosecution of the claim. LAWS RELATING TO ARMY AND NAVY PENSIONS. 189 [3021. Old No. 3020.1 K DECLARATION FOR RESTORATION TO THE PENSION ROLLS OF A 4 PERSON WHOSE NAME HAS BEEN DROPPED UNDER THE ACT OF FEBR UAR Y 4, 1862. [Rev. Slot. , 4716. ] I STATE OF County of On this day of Isonally appeared before A. D. one thousand nine hundred and per- me, the same being a court of , aged years, [-ecord within and for the county and State aforesaid, rho, being duly sworn according to law, makes the following declaration, asking to restored to the pension rolls: That he is the identical who was pen- sioned on the rolls of the agency at , and whose pension certificate, No. , Is herewith returned; that he has resided since the first day of January, A. D. [1861, as follows: 1 ; that during this period means of subsistence lave been: 2 ; that has not borne arms against the Government |)f the United States, or in any manner aided or abetted the rebellion, or those cuting the rebellion, or manifested a sympathy with their cause, but, on the bontrary, did, during the said rebellion, earnestly desire its suppression by force of that he was last paid pension to the day of , 18 ; 3 -; that hereby appoints - attorney to prosecute the above ilaim; that residence is at No. , in street, in the of , >untv of Attest: State of and that post-office address is [Claimant's signature.] Also personally appeared , and , residing at No. , in street, in residing at No. , in street, in , persons (whom I certify to be respectable and entitled to credit, and who, being by me duly rorn, say that they were present and saw - , the claimant, sign - [name (make mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with , Ithat is the identical person represents self to be; and that they have interest in the prosecution of this claim. Sworn to and subscribed before me this day of [Signatures of witnesses.] -, A. D. 190; and I [i.. s.] hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 1 Here name the place or places at which the applicant has resided. 2 Here name the employment or other means by which a livelihood has been gained. a Here insert, if an invalid, "and that the disability for which he was pensioned still continues [in a pensionable degree, and that he has not since reenlisted or been paid in the military, naval, or marine service of the United States;" if a widow or mother, " and she has not remarried since that date," or if remarried, give date. 190 LAWS RELATING TO ARMY AND NAVY PENSIONS. All the blanks in this form should be carefully filled and the requirements of the notes strict observed. An honorable discharge from the service in all cases is necessary. Declarations of claimants, either for original pension or for increase of pension already grant must be made before a court of record, or before some officer thereof having custody of its said officer being fully authorized and empowered to administer and certify any oath or affirmatic relating to any pension or application therefor. The claimant's identity and loyalty must be proven by two witnesses, certified by the judici* officer to be respectable and credible, who are present and witness the signature of the declarant, j and certify to his identity and loyalty under oath or affirmation. Declarations and other papers should be as legible and as clear in statement as possible. Where any evidence is already on file in any department of the Government, a definite description of and specific reference to it will render it available in any subsequent claim. The post-office address (naming street and number in all large cities) of the applicant, attorney, and witnesses should be embodied in or accompany every application, and all evidence in (Mich claim; and each change of residence of said parties, while communicating with the Pension Office or the pension agents, should be stated. Pensions are, by law, exempted from any liability on account of the obligations of the pensioners, and no lien upon them can be recognized. All facts, testimony of which is required to establish a claim, must be proven by the affidavits of two or more credible witnesses, unless other evidence is specified. The statements of claimants, unless duly corroborated, are not accepted as evidence. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, director indirect, ii the prosecution of the claim. Persons desiring to complete claims pending at the decease of the claimants must furnish a di verified certificate of their authority as heirs or legal representatives. With all claims for arrears, increase, or restoration to the rolls, the original pension certificate mi be returned, or explanation of its absence must be given under oath. To facilitate the adjudication of claims, all the requisite evidence that is available should be fc warded with the application. LAWS RELATING TO ARMY AND NAVY PENSIONS. 191 [3022. Old No. 3021.] L DECLARATION OF PENSIONER FOR RESTORATION TO THE ROLLS UNDER SECTION 36, ACT OF MARCH 3, 1873. [See. 4719, Rev. Stat.] 'ATE OF , County of , &s: On this day of - , A. D. one thousand nine hundred and - , per- nally appeared before - , - , the same being a court of record ithin and for the county and State aforesaid, , aired years, who, jing duly sworn according to law, makes the following declaration, asking to be stored to the pension rolls: That I am the identical who was pen- oned on the rolls of the agency at , and whose pensior certificate, No. , herewith returned; that I was last paid at said agency to the day of , ; that I have since resided as follows: l ; that I have not claimed pension nee the date above given for the following reasons: 2 ; and that I 3 ; tat I hereby appoint , of , attorney to prosecute the above claim ; at my residence is at No. , in street, in the of , county of , State of , and that my post-office address is , . [Claimant's signature.] Attest:] Also personally appeared , residing at No. , in street, in and , residing at No. , in street, in , persons horn I certify to be respectable and entitled to credit, and who, being by me duly porn, say that they were present and saw , the claimant, sign ime (make mark) to the foregoing declaration; that they have every reason believe, from the appearance of said claimant and their acquaintance with , lat is the identical person represents self to be; and that they have interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190 , and I hereby certify that the contents of the above declaration, etc., were fully >. s.] made known and explained to the applicant and witnesses before swearing including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official character.] 1 Here name the place or places at which the applicant has resided. s Here state specifically the reasons why pension has not been claimed. Here describe the disability for which restoration is claimed, and state (if an invalid) whether or )t applicant has reenlisted since last pension payment, and if so, give date, company, and regi- ent, and date of final discharge. If a widow or mother, state whether remarried, or, if remarried, ve date. 192 LAWS RELATING TO ARMY AND NAVY PENSIONS. All the blanks in this form should be carefully filed and the requirements of the notes strictly) observed. An honorable discharge from the service in all cases is necessary. Declarations of claimants, either for original pension or for increase of pension already grant must be made before a court of record, or before some officer thereof having custody of its seal; officer being fully authorized and empowered to administer and certify any oath or affirmation rel ing to any pension or application therefor. The claimant's identity and loyalty must be proven by two witnesses, certified by the judic officer to be respectable and credible, who are present and witness the signature of the declarant, ai certify to his identity and loyalty under oath or affirmation. Declarations and other papers should be as legible and clear in statement as possible. Where any evidence is already on file in any department of the Government, a definite descripti of and specific reference to it will render it available in any subsequent claim. The post-office address (naming street and number of all large cities) of the applicant, attorneJJ and witnesses should be embodied in or accompany every application, and all evidence in claim; and each change of residence of said parties, while communicating with the Pension Of or the pension agent, should be stated. Pensions are, by law, exempted from any liability on account of the obligations of the pensionejj and no lien upon them can be recognized. All facts, testimony of which is required to establish a claim, must be proven by the affidavits two or more credible witnesses, unless other evidence is specified. The statements of claimants, unless duly corroborated, are not accepted as evidence. Testimony in support of allegations made in a declaration may be taken before any officer whoaj authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, iij the prosecution of the claim. Persons desiring to complete claims pending at the decease of the claimants must furnish a dul verified certificate of their authority as heirs or legal representatives. With all claims for arrears, increase, or restoration to the rolls the original pension certificate be returned, or explanation of its absence must be given under oath. To facilitate the adjudication of claims all the requisite evidence that is available should be warded with the application. LAWS RELATING TO ARMY AND NAVY PENSIONS. 193 [3021. Old No. 3023.] P ECLARATION OF PENSIONER FOR RESTORATION TO THE ROLLS WHO HAS BEEN DROPPED UPON MEDICAL EXAMINATION. FATE OF , County of , ss: On this day of -, A. D. one thousand nine hundred and per- >nally appeared before me , the same being a court of record ithin and for the county and State aforesaid, , aged years, who, eing duly sworn according to law, makes the following declaration: That he is le identical who was pensioned on the rolls of the agency at id whose pension certificate, No. , is herewith returned; that he was last paid b said agency to the day of , 189 , at the rate of dollars per onth; that at a medical examination he was dropped from the rolls. elieving that the disability for which he was pensioned, to wit, 1 , still con- nues in a pensionable degree, he asks that his name be restored to the pension Us. That his medical examinations since he became a pensioner have been as >llows: 2 - , and that he has not reenlisted or been paid in the military, naval, r marine service of the United States since the last payment of his pension; that e hereby appoints attorney to prosecute the above claim; that his jsidence is at No. , in street, in the of , county of , tate of , and that his post-office address is , . Attest: [Claimant's signature.] And personally appeared , residing at No. , in street, in and - , residing at No. , in street, in , persons whom certify to be respectable and entitled to credit, and who, being by me duly sworn, ly that they were present and saw , the claimant, sign his name make his mark) to the foregoing declaration; that they have every reason to lieve, from the appearance of said claimant and their acquaintance with him, mt he is the identical person he represents himself to be; and that they have no terest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of - , A. D. 190 , and I hereby certify that the contents of the above declaration, &c., were fully made known and explained to the applicant and witnesses before swearing, L. s.] including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 1 Here state specifically the disability, or disabilities, for which pension is claimed. *Here insert the names of the surgeons by whom he has been examined, with the month and yeaj i which examination was made. 532302 13 LAWS RELATING TO ARMY AND NAVY PENSIONS. All the blanks in this form should be carefully filled and the requirements of the notes observed. An honorable discharge from the service in all cases is necessary. Declarations of claimants, either for original pension or for increase of pension already granted, must be made before a court of record, or before some officer thereof having custody of its seal, i officer being fully authorized and empowered to administer and certify any oath or affii relating to any pension or application therefor. The claimant's identity and loyalty must be proven by two witnesses, certified by the judida officer to be respectable and credible, who are present and witness the signature of the declaran and certify to his identity and loyalty under oath or affirmation. Declarations and other papers should be as legible and as clear in statement as possible. Where any evidence is already on file in any Department of the Government, a definite descrip-} tion of and specific reference to it will render it available in any subsequent claim. The post-office address (naming street and number in all large cities) of the applicant, attor*! and witnesses should be embodied in or accompany every application, and all evidence in eacH claim; and each change of residence of said parties while communicating with the Pension Offlcij, or the pension agents should be stated. Pensions are, by law, exempted from any liability on account of the obligations of the per and no lien upon them can be recognized. All facts, testimony of which is required to establish a claim, must be proven by the affidaviMjij two or more credible witnesses, unless other evidence is specified. The statements of claimants, unless duly corroborated, are not accepted as evidence. Testimony in support of allegations made in a declaration may be taken before any officer authority and signature are duly certified, and who shall disclaim any interest, direct or indirecffl the prosecution of the claim. Persons desiring to complete claims pending at the decease of the claimants must furnish a dol] verified certificate of their authority as heirs or legal representatives. With all claims for arrears, increase, or restoration to the rolls, the original pension cer must be returned or explanation of its absence must be given under oath. To facilitate the adjudication of claims, all the requisite evidence that is available forwarded with the application. LAWS RELATING TO ARMY AND NAVY PENSIONS. 195 [3006. Old No. 3013.] D DECLARATION OF A WIDOW FOR ORIGINAL PENSION. , County of , ss: hi this - day of - , A. D. one thousand nine hundred and - , per> ally appeared before me, a within and for the county and State resaid, , aged years, a resident of , county of , te of , who, being duly sworn according to law, makes the following laration in order to obtain pension under the acts of Congress granting pension to widows of soldiers and sailors who have died by reason of wound or injury eived, or disease contracted, in the service of the United States and in the line of ''hat she is the widow of , who was [enrolled or commis- under the name of , at , on the day of , 1 , in [here state rank and designation of organization or name of sel], and was discharged on the day of , 1 , and who died at , on the day of , 1 , of [here state the immediate cause leath], due to incurred in the above-named service. That the said soldier 3 in the military or naval service of the United States except as stated above. [If any other service, it should be stated in full.] ?hat the said soldier was born , 18 , at ; that his personal cription at enlistment was as follows: Height, ; complexion, ; color of >s, ; color of hair, ; permanent marks or scars ; that hisoccu- lon was . ?hat she was married, under the name of , to said soldier at , the day of , 1 , by ; that there was no legal barrier ;he marriage; that she had been previously married; that the soldier had been previously married. [If there was a prior marriage of either, date and place of death or divorce of former consort or consorts should be stated.] ?hat she was never divorced from said soldier, and that she has remarried ce his death. [If remarried, the date and place of remarriage uld be stated.] !*hat the said soldier left the following-named children under 16 years of age at date of his death, to wit: , born , 1 , at . , born , 1 , at . , born , 1 , at . , born , 1 , at . , born , 1 , at . any child has died since the soldier's death, its name and the date of its death uld be stated. If the soldier left no children, the claimant should so state.] 'hat she has heretofore applied for pension. [If prior appliea- n has been made, the number thereof, the service on which it was based, and the me of the soldier should be stated. ] Chat her post-office address is , county of , State of . [Claimant' b signature.] Attest: (1) - (2) . 196 LAWS RELATING TO ARMY AND NAVY PENSIONS. Also personally appeared - , residing at , and -, residing at , persons whom I certify to be respectable and entitled to credit, and who, being 1 by me duly sworn, say they were present and saw the claimant, sign her name (or make her mark) to the foregoing declaration; thatj they have every reason to believe, from the appearance of said claimant and their acquaintance with her of years and years, respectively, that she is the I identical person she represents herself to be; and that they have no interest in the; prosecution of this claim. Sworn to and subscribed before me this day of [Signatures of witnesses.] , A. D. 190, and I [L. 8.] hereby certify that the contents of the above declaration, etc., w r ere fullyj made known and explained to the applicant and witnesses before swearing/ including the words , erased, and the words ,' added ; and that I have no interest, direct or indirect, in the prosecution this claim. [Signature. ] [Official character. To be executed before some officer of a court of record having custody of its seal, a notary public justice of the peace, or other officer authorized to admininister oaths for general purposes. If officer is not required by law to have and use a seal, his official character, signature, and term o] office must be certified by the proper State, county, or city officer under his official seal, unless : a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer wl authority and signature are duly credited, and who shall disclaim any interest, direct or indirect, : the prosecution of the claim. e p s * * a LAWS KELATING TO ARMY AND NAVY PENSIONS. 197 F [3009. Old No. 3015.] F DECLARATION FOR PEXXIOX OF CHILDREN UNDER SIXTEEN YEARS OF AGE. STATE OF , Count tj of , ss: On this -- day of - , A. D. one thousand nine hundred and - , per- sonally appeared before me, a , -- of record within and for the unty and State aforesaid, , a resident of - , county of co the State of , aged -- years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by acts of Con- gress for children under sixteen years of age: That - is the only legal guardian of - , legitimate children of --- , who 1 under the name of -- , at - , on the - day of , A. D. 18 , 2 in the war of , who was discharged - , and who died 3 -- at -- , on the - day _ ? A. D. 18 ; that he left - widow surviving 4 -- ; that the following named are the only surviving legitimate children of said - - who are under sixteen years of age at the time of his death: , ui eui uy , j-o 18 > A *' 18 18 - 18 , -LO 10 , J.O 18 ,18-. . 18 . nf snlHipr l>v That the father was married under the name of to 6 , there being no legal barrier to such marriage; that the said children have not aided or abetted the rebellion; and that prior application has been filed 7 ; that declarant hereby appoints h attorney to prosecute the above claim; that h residence is at No. - street, in the of , comity of , State of , and that h post-office address is [Claimant's signature.] Attest: Also personally appeared , residing at No. in street, in and , residing at No. in street, in , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign name (make mark) to the foregoing declaration; that they have every reason 1 "Was enlisted," " drafted," or otherwise, as the case maybe. 2 State company and regiment, if in Army; or vessel, etc., if in Navy. 3 If soldier died in service, so state. If he died after his discharge from service, state cause of death and when and where he contracted the fatal disease or incurred the wound or injury that resulted in his death. 4 If widow survived, so state, giving her name and the date of her death or other facts dive8ting her title. 6 State names of children and their mothers, and dates of birth. 6 If more than once married, so state, giving names and dates and parties oiliciating. ? If either soldier, widow, or guardian of children have previously applied, so state, giving date and number of application. 198 LAWS BELATING TO ARMY AND NAVY PENSIONS. to believe, from the appearance of said claimant and their acquaintance with , that is the identical person represents to be, and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of A. D. 190, and I hereby certify that the contents of the above declaration, etc., were fully [L. s.] made known and explained to the applicant and witnesses before swearing including the words , erased, and the words , added; and that have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official character.] 1 o r i i< It 4 1 i l O > c d j~ 'a * o 3 1 All the blanks in this form should be carefully filled and the requirements of the notes strictly observed. A discharge from the service in all cases is necessary. The claimant's identity must be proven by two witnesses, who are present and witness the sit ture of the declarant, and certify to his identity under oath or affirmation. Declarations and other papers should be as legible and as clear in statement as possible. Where any evidence is already on file in any department of the Government, a definite descrij of and specific reference to it will render it available in any subsequent claim. The post-office address (naming street and number in all large cities) of the applicant, attorr and witnesses should be embodied in or accompany every application and all evidence in each cl and i-ach change of residence of said parties while communicating with the Pension Office or pension agents should be stated. Pensions are by law exempted from any liability on account of the obligations of the pensic and no lien upon them can be recognized. All facts, testimony of which is required to establish a claim, must be proven by the affidavits < two or more credible witnesses, unless other evidence is specified. The statements of claimants, unless duly corroborated, are not accepted as evidence. Declarations and testimony in support of allegations made in a declaration may be taken bef any officer whose authority and signature are duly certified and who shall disclaim any inter direct or indirect, in the prosecution of the claim. Persons desiring to complete claims pending at the decease of the claimants must furnish a dt verified certificate of their authority as heirs or legal representatives. "With all claims for arrears, increase, or restoration to the rolls, the original pension certificate must be returned or explanation of its absence must be given under oath. To facilitate the adjudication of claims, all the requisite evidence that is available should be J^ warded with the application. LAWS RELATING TO ARMY AND NAVY PENSIONS. 199 H [3-013.] H DECLARATION OF A MOTHER FOR ORIGINAL PENSION. ATE OP , County of , ss: ( hi this day of , A. D. one thousand nine hundred and , person- lally appeared before me, a within and for the county and State afore- Isaid, , aged years, a resident of - , county of , State of , who, being duly sworn according to law, makes the following declaration in [order to obtain pension under section 4707, Revised Statutes, as amended June 27, 1890, granting pensions to dependent parents: That she is the mother of , who was [enrolled or commissioned] under the name of , at on the day of , 1 , asa ;in [here state rank and designation of organization or name of vessel] and was discharged on the day of , 1 , and who died at on the day of , 1 of [here state the immediate cause of death] due to i incurred in the above-named service. That he was in the military or naval service of the United States except as stated above [if ary other serv- ice it should be stated in full]. That the said soldier was born , 18 , at ; that he was married; that he left no widow, nor a child or children under sixteen years of age; that his personal description at enlistment was as follows: Height, ; complex- ion, ; color of eyes, ; color of hair, ; permanent marks or scars, ; that his occupation was . That she was married under the name of to the father of the said soldier at on the day of , 18 . That the father of the soldier is [if dead, state the date of his death. If living, explain w^hy he does not support the applicant]. That she has remarried. [if remarried, state the date and place of remarriage; and if the husband is living, and the remarriage was prior to the sol- dier'* death, why he does not support the applicant]. That she has no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of persons not legally bound to aid in her support. That she is dependent upon [state all means of support]. That she has heretofore applied for pension. [if prior applica- tion has been made, the number thereof, the service on which it was based, and the name of the soldier should be stated]. That her post-office address is , county of , State of . [Claimant's signature.] Attest: (1) . (2) . Also personally appeared , residing at , and - , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw ' , 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 of years and years, respectively, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] 200 LAWS RELATING TO ARMY AND NAVY PENSIONS. Sworn to and subscribed before me this dav of -, A. D. 190; and I [L. s.] hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. J ^ 5 C5 3 w S|^ a H 3 1 H ^ y; Q s X, 1 PH S i i 1 i 1 2 8 > (3 5 c2 CB LAWS RELATING TO AKMY AND NAVY PENSIONS. 201 [8616,'] DECLARATION OF A /''.I Till-Ill 1 known and explained to the applicant and witnesses before swearing, including I the words , erased, and the words , added; and that I have no inter- |le| est, direct or indirect, in the prosecution of this claim. [L. S.] [Official character.] be & NOTES. 1 Here allege full name of applicant. 2 Here allege full name of soldier. 3 Here allege again the name of soldier. * Here allege the name under which the soldier served. 6 Here allege the rank under which the soldier served. 6 Here state " enlisted, " " volunteered," or " was drafted," as the case may be. 7 Here state the number of days or months of service rendered by the soldier; fourteen days being the shortest period for which service pension is by law allowed, unless the soldier was actually- engaged in a battle. If the claim is made for battle service the blank should be so varied as to allege such service in addition to the allegation of term of service. 8 Here insert the words "an honorable discharge," or "death," as the case may be. 9 Here let a full description of soldier follow, giving ago, occupation, birthplace, height, color of hair, eyes, and complexion, and all other particulars as to description. 10 Here allege the name of the person who performed the marriage ceremony. 11 Here state the official character of the person who performed the ceremony; i. c., whether a min- ister of the gospel or a justice of the peace, /////> x.s wanbled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of the surviving officers and enlisted men, inclxiding marines, militin, ;md volunteers, of the military and naval services of the United States, who, being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier -.hereof, or en route thereto, in the war with that nation, or were actually engaged in a battle in said Lrar, and were honorably discharged, and to such other officers and soldiers and sailors as may have Oeen personally named in any resolution of Congress for any specific service in said war, and the sur- viving widow of such officers and enlisted men: Provided, That such widows have not remarried: [Provided, That every such officer, enlisted man, or widow who is or may become sixty-two years of ige, or who is or may become subject to any disability or dependency equivalent to some cause pre- scribed or recognized by the pension laws of the United States as a sufficient reason for the allowance )f a pension, shall be entitled to the benefits of this act; but it shall not be held to include any person lot within the rule of age or disability or dependence herein defined, or who incurred such disability vhile in any manner voluntarily engaged in or aiding or abetting the late rebellion against the minority of the United States. SEC. 2. That pensions under section one of this act shall be at the rate of eight dollars per month, Lnd payable only from and after the passage of this act, for and during the natural lives of the per- ons entitled thereto, or during the continuance of the disability for which the same shall be granted: IfYtwufed, That section one of this act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dol- lars per month, except for the difference between the pension now received (if less than eight dollars |er month) and eight dollars per month. I SEC. 3. That before the name of any person shall be placed on the pension-roll under this act, proof I hall be made, under such rules and regulations as the Secretary of the Interior may prescribe, of the light of the applicant to a pension; and any person who shall falsely and corruptly take any oath Jequired under this act shall be deemed guilty of perjury; and the Secretary of the Interior shall lause to be stricken from the pension- roll the name of any person whenever it shall be made to appear Ly proof satisfactory to him that such name was put upon such roll through ialse and fraudulent rep- lesentations, and that such person is not entitled to a pension under this act. The loss of the certifi- late of discharge shall not deprive any person of the benefits of this act, but other record evidence If enlistment and service and of an honorable discharge may be deemed sufficient: Provided, That Irtien any person has been granted a land-warrant, under any act of Congress, for and on account of Jen-ice in the said war with Mexico, such grant shall be prima facie evidence of his service and hon- Irable discharge; but such evidence shall not be conclusive, and may be rebutted by evidence that luch land- warrant was improperly granted. I SEC. 4. That the pension laws now in force which are not inconsistent or in conflict with this act Ire hereby made a part of this act, so far as they may be applicable thereto. j SEC. 5. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed so | ir as the same relates to this act or to pensioners under this act. 1 SEC. 6. That the provisions of this act shall not apply to any person while under the political disa- bilities imposed by the fourteenth amendment to the constitution of the United States. ij Approved, January 29, 1887. [3035. Old No., 3-037a.] MEXICAN WAR SERVICE PENSION ACT OF JANUARY 5, 1893. DECLARATION FOR THE INCREASE OF A MEXICAN WAR SERVICE PENSION. PATE OF , County of , ss: On this day of , A. D. one thousand nine hundred and , per- Mially appeared before me, a - - within and for the county and State afore- , aged years, a resident of the of , county of , State of , who, being sworn according to law, declares that is a lensioner of the United States, enrolled at the pension agency at the rate of 8 per month, under the act of January 29, 1887, or the act of March 3, 1891, on kcount of the service of , in Captain company, Regi- nent, , from , 18 , to , 18, in the Mexican war; and that h wholly disabled for manual labor by reason - - [Here name the disabilities torn which the applicant suffers], and is in such destitute circumstances that $8 per aonth are insufficient to provide with the necessaries of life, and that 212 LAWS KELATING TO ARMY AND NAVY PENSIONS. believes self to be entitled to an increase to $12 per month under the provisions of the act of January 5, 1893. That appoints , of - , county I of , State of - , true and lawtul attorney, to prosecute claim. That) post-office address is Attest: -, county of State of residing at [Claimant's signature.] and Also personally appeared - residing at , persons whom I certify to be respectable and entitled to credit,] and who, being by me duly sworn, say they were present and saw the claimant, sign - name (or make - mark) to the foregoing declaration;! that they have every reason to believe, from the appearance of said claimant and] their acquaintance with - , that -- is the identical person -- represents -- self! to be, and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this - - day of , A. D. 190-, and . hereby certify that the contents of the above declaration, etc., were full made known and explained to the applicant and witnesses before swearii [L. s.] including the words , erased, and the words - - added, and I have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official signature.] II 3 3 * I The post-office address (naming street and number in all large cities) of the applicant, at and witnesses should be embodied in or accompany every application, and all evidence in claim; and each change of residence of said parties, while communicating with the Bureau of sions or the pension agents, should be stated. Pensions are, by law, exempted from any liability on account of the obligations of the pensi and no lien upon them can be recognized. Testimony in support of allegations made in a declaration may be taken before any officer, wJ authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, the prosecution of the claim. If executed before any officer not required by law to have a seal, the official character and ture of such officer should be certified by the clerk of the county or court of record or other pro| officer under his official seal. LAWS RELATING TO ARMY AND NAVY PENSIONS. 213 [3036. Old No. 3038.] MEXICAN WAR. \OLA1M OF WIDOW FOR SERVICE PENSION UNDER ACT OF JANUARY 29, 1887. (SEE REQUIREMENTS.) J5TATE OF On this -, Count if of day of -, A. D. one thousand nine hundred and -, per- within and for the county and State afore- lonally appeared before me, a laid, -- - , aged - years, who, being duly sworn according to law, lleclares that ^he is the widow of -- , deceased, who was the identical |>erson who served under the name of -- , as a - in the company )mmanded by Capt. -, in the Regiment [if in the Navy, name commanded b , in the Mexican war; that he enlisted at on or about the day of , A. D. 18 , and was discharged on the Co., day of Regt. , A. D. 18 ; that he also served in Capt. Vols., from - , 18, to - , 18 mat he was engaged in the following-named battles: that he was therwise employed in the military or naval service of the United States; that he |.lso served in the war of the rebellion in Co. , Regt., . That at the time of entering the service claimed for, her said husband was irs of age, feet inches in height, with eyes, hair, >mplexion, by occupation a , and that he was born at , county of -, State of . -, A. D. 18, at , by -; that he had (or had not) That after leaving the service he resided at , years, at | ears, at , years, and at . That she was married to him on the day of , a , under the name of ' [teen previously married to .. D. 18 ; that she had (or had not) been previously married to , r ho on the day of , 18 . That her said husband died at , on the day of , A. D. 18 ; that has (or has not) since remarried. That she is years of age, and was born on the day of , A. D. 18 , -, who on the day of That she has been dependent for support (wholly or in part) since , A. D. upon - not legally bound for her support; that she owns real ite as follows: and personal property as follows: and that her icome from all sources except her own labor is dollars per year. That she has - heretofore made application for pension; that the number her claim is . That she is a pensioner of the United States by certificate No. ; that has made application for bounty land, the number of her land warrant iing ; that her husband did - - make application for pension, the num- jr of his claim being ; that her husband was a pensioner of the United ites under certificate No. ; that he did - make application for bounty id, the number of his warrant being . That she makes this application for the purpose of obtaining a pension under provisions of the act approved January 29, 1887, and hereby appoints - -, of , her true and lawful attorney. 214 LAWS RELATING TO AKMY AND NAVY PENSIONS. That her post-office address is No. , street, (city or town of) county of , State of . [Signature of claimant in full.] Attest: Also personally appeared , aged years, residing at and , aged years, residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they have known the said for . years and years, respectively; that they were present and saw her sign her name (or make her mark) to the foregoing declaration; that they have every reason to believe, and do believe from the appear- ance of said claimant, and from their personal acquaintance with her, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. [Signatures of identifying witnesses.] [If either witness sign by mark two persons who write must sign here.] Sworn to and subscribed before me this day of , A. D. 190-; and hereby certify that the contents of the above declaration, etc., were read explained to the applicant and witnesses before swearing, including the woi , added, and the words , erased; and that I have no interest, direct indirect, in the prosecution of this claim. [L. S.] [Official character.] REQUIREMENTS. A full and explicit reply is required to all questions indicated by this blank. This declaration and all evidence must be executed before some officer authorized to administer oaths for general purposes. The official character and signature of any officer not required by law to use a seal must be certified by the clerk of the proper court, giving dates of beginning and close of official term. Claimants under this act are entitled to pension from the day (on or after January 29, 1887) on which they become 62 years of age, or from the beginning of any period after January 28, 1887, and before arriving at that age, if dependent. The claimant and witnesses should state, under oath, claimant's means of sul ence, whether the claimant has in possession any property, real or personal, and, so, clearly describe the same, carefully state its value, and the annual income deri\ therefrom, and from all other sources, excluding income derived from her own lal Evidence regarding property, income, and means of subsistence should cover tl entire period from January 29, 1887, or date of soldier's death, to date of arrival 62 years of age or to the present time. Record or other competent evidence of the marriage of a widow claimant to soldier should be furnished. If either claimant or soldier were previously married, proof of death or div< from former consort or consorts should be furnished. LAWS RELATING TO ARMY AND NAVY PENSIONS. 215 Record or other competent evidence of the fact and date of death of the soldier lould be furnished. It should be shown by competent testimony whether a widow making appliea- HI has remarried since the soldier's death. State full name and post-office address, give name of town, county, and State, nth street and number if residing in a city. Witnesses must state their ages and means of knowledge. 216 LAWS RELATING TO AKMY AND NAVY PENSIONS. ? a W K* S i*~ I AN ACT granting pension to the soldiers and sailors of the Mexican war, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Cone, assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to plac on the pension roll the names of the surviving officers and enlisted men, including marines, militu and volunteers, of the military and naval services of the United States, who, being duly enlist* actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts i frontier thereof, or en route thereto, in the war with tha^ nation, or were actually engaged in a battl( in said war, and were honorably discharged, and to such other officers and soldiers and sailors may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widows of such officers and enlisted men: Provided, That such widows have not j remarried: Provided, That every such officer, enlisted man, or widow who is or may become sixty-- two years of age, or who is or may become subject to any disability or dependency equivalent to some cause prescribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this act; but it shall not be held to ] include any person not within the rule of age or disability or dependence herein defined, or wl incurred such disability while in any manner voluntarily engaged in or aiding or abetting the lat rebellion against the authority of the United States. SEC. 2. That pensions under section one of this act shall be at the rate of eight dollars per month, and payable only from and after the passage of this act, for and during the natural lives of the sons entitled thereto, or during the continuance of the disability for which the same shall granted: Provided, That section one of this act shall not apply to any person who is receiving a pel sion at the rate of eight dollars per month or more, nor to any person receiving a pension of If than eight dollars per month, except for the difference between the pension now received (if le than eight dollars per month) and eight dollars per month. SEC. 3. That before the name of any person shall be placed on the pension roll under this i proof shall be made, under such rules and regulations as the Secretary of the Interior may presoril of the right of the applicant to a pension; and any person who shall falsely and corruptly take an] required oath under this act shall be deemed guilty of perjury; and the Secretary of the Inter shall cause to be stricken from the pension roll the name of any person whenever it shall be made appear by proof satisfactory to him that such name was put upon such roll through false and fraiu ulent representations, and that such person is not entitled to a pension under this act. The loss< the certificate of discharge shall not deprive any person of the benefits of this act, but other recor evidence of enlistment and service and of an honorable discharge may be deemed sufficient: Pr vided, That when any person has been granted a land warrant, under any act of Congress, for ai on account of service in the said war with Mexico, such grant shall be prima facie evidence of hi service and honorable discharge; but such evidence shall not be conclusive, and may be rebutte by evidence that such land warrant was improperly granted. SEC. 4. That the pension laws now in force which are not inconsistent or in conflict with this are hereby made a part of this act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed fur as the same relates to this act or to pensioners under this act. SEC. 6. That the provisions of this act shall not apply to any person while under the political dis bilities imposed by the fourteenth amendment to the Constitution of the United States. Approved, January 29, 1887. LAWS RELATING TO ARMY AND NAVY PENSIONS. 217 [3025. Old No. 3-024.1 INDIAN WARS. OF SOLDIER FOR SERVICE PENSION UNDER ACT OF JULY 27, 1892, AND JUNE 27, 1902. [STATE OF , County of , ss: On this day of -, A. D. one thousand nine hundred and , personally [appeared before me, a within and for the county and State aforesaid, , aged - - years, a resident of - , county of - , State of , who being duly sworn according to law, makes the following declaration for the purpose of obtaining pension under the acts of Congress granting pensions for [service in various Indian wars of the United States from 1817 to 1858: That he served under the name of , as a in Captain company, Colonel , Regiment of [State or Territory] Volunteers; that he entered said organization at , on or about the day of I , 18 , and was honorably discharged at , on or about the day of , 18 , having served thirty days or more in the war or disturbance with the Indians in the State or Territory of . That he also served [make a full statement of all other service, if any]. That he was employed in the military or naval service of the United States otherwise than as stated above. That his personal description at date of first enlistment was as follows: Height, ; complexion, ; color of eyes, ; color of hair, ; that his (occupation was ; that he was born , 18 , at . That his several places of residence since leaving the service have been as follows: [state date of each change, as nearly as possible]. That he is married; that the maiden name of his wife, to whom he was mar- ried at , on the day of , 18 , was ; that she is [if dead, state date of death] ; that he was previously married to , who [died or was divorced] ; at , on the day of , 1 . That he is a pensioner of the United States; that he has heretofore applied for pension [state number of pension certificate or prior claim, if any]. That he is an actual and bonafide resident of the United States; that his post-office address is , county of , State of . [Claimant's signature.] Attest: (1) -. (2) . Also personally appeared - , residing at , and - , re- siding at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and 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 of years and years, respectively, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] 218 LAWS RELATING TO ARMY AND NAVY PENSIONS. Sworn to and subscribed before me this day of -, A. D. 190, and I [L. s.] hereby certify that the contents of the above declaration, etc, were fully made known and explained to the applicant and witnesses before swearing, including the words -- , erased, and the words -- added, and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to adminster oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, i the prosecution of the claim. LAWS KELATING TO ARMY AND NAVY PENSIONS. 219 [3026. Old No. 3025.] INDIAN WARS. CLAIM OF WIDOW FOR SERVICE PENSION UNDER ACTS OF JULY 27, 1892, AND JUNE 27, 1902. STATE OF , County of , ss: On this day of , A. D. one thousand nine hundred and , person- ally appeared before me, a within and for the county and State afore- said, , aged years, a resident of , county of - , State of , who, being duly sworn according to law, makes the following declaration for the purpose of obtaining pension under the acts of Congress granting pensions for service in various Indian wars of the United States from 1817 to 1858: That she is the widow of , who served under the name of , as a - - in Captain - company, Colonel - regi- ment of [State or Territory] Volunteers; that he entered said organization at on or about the day of , 18 , and was honorably discharged at on or about the day of , 18 . having served thirty days or more in the war or disturbance with the Indians in the State or Territory of . That he also served [make a full statement of all other service, if any]. That to the best of her knowledge and belief he was employed in the military or naval service of the United States otherwise than as stated above. That she became acquainted with him about the year 18; that his personal description at that date was as follows: Age, ; height, ; complexion, ; color of eyes, ; color of hair, ; that his occupation was ; that he was born at That his several places of residence after leaving the service were as follows: [state date of each change, as nearly as possible]. That she was married under the name of to said soldier at on the day of , 18, by ; that there was no legal barrier to the marriage; that she had been previously married; that the soldier had been previously married [if there was a prior marriage of either, the date and place of death or divorce of former consort or consorts should be stated]. That the soldier died , 18, at ; that she was not divorced from him; that she has remarried since his death [if remarried, the date and place of remarriage should be stated]. That she has heretofore applied for pension [if prior applica- tion has been made, the number thereof, the service on which it was based, and the name of the soldier should be stated]. That she is an actual and bona fide resident of the United States; that her post- office address is , county of , State of . [Claimant's signature.] Attest: (1) . (2) . Also personally appeared , residing at , and - , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw , 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 of years and years, respectively, that she is the 220 LAWS RELATING TO AKMY AND NAVY PENSIONS. identical person she represents herself to be, and that they have no interest in the prosecution of this claim. Sworn to and subscribed before me this day of [Signature of witnesses.] , A. D. 190; and I [L. s.] hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public justice of the peace, or other officer authorized to administer oaths for general purposes. If sucl oilicer is not required by law to have and use a seal, his official character, signature, and term office must be certified by the proper State, county, or city officer, under his official seal, unless sue! a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taked before any officer wl authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, the prosecution of the claim. i 6 is 1 OL j E 1 LAWS RELATING TO AKMY AND NAVY PENSIONS. 221 [3002. Old No. 3 OlOa.] [Act of June 27, 1890.] DECLARATION FOR INVALID PENSION. On this -, County of day of -, A. D. one thousand nine hundred and per- illy appeared before me, a - within and for the county and State afore- , aged years, a resident of , county of , State of -, who, being duly sworn according to law, declares that he is the identical m who was enrolled at under the name of , on the day of -, 18 , as a in [here state rank and company and regiment in Army, or vessel, if in the Navy] in the service of the United States, in the war the rebellion, and served at least ninety days, and was honorably discharged at -, on the day of , 18 . That he also served - [here give a iplete statement of all other services, if any] . That he was not employed in military or naval service prior to , 18 . That he has not been employed the military or naval service since , 18 . That his personal description enlistment w r as as follows: Age, years; height, feet inches; com- plexion, ; hair, ; eyes, . That he is [wholly or in part] incapacitated for earning a support by manual labor by reason of - - [here name the disease or injuries by which disabled]. That said disabilit not due to his vicious habits, and to the best of his knowledge and belief of a per- manent character. That he is a pensioner. That he has heretofore applied for pension. [If a pensioner, the certificate number only need be given. If not, give the number of the former application if one was made.] That he makes this declaration for the purpose of being placed on the pension roll of the United States under the provisions of the act of June 27, 1890. That he hereby appoints , of , his true and lawful attorney to prosecute his claim. That his post-office address is , county of , State of r-. Attest: (1) (2) -, residing at [Claimant's signature.] -, and Also personally appeared residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and 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 of years and - - years, respectively, that he is the identical person he represents himself to be; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190 , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, [L. s.] including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 222 LAWS RELATING TO ARMY AND NAVY PENSIONS. To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. 3 LAWS RELATING TO ARMY AND NAVY PENSIONS. 223 [3001. Old No. 3 Olla] DECLARATION FOR INCREASE OF J'K \SION. [Under the act of June 27, 1890. J [The pension certificate should not be forwarded with the application.] E OF , County of , ss: On this day of , A. D. one thousand nine hundred and , per- | sonall y appeared before me, a within and for the county and State (aforesaid, , aged years, late a member of Co. , Regi- ment, , a resident of , county of , State of , who, being | duly sworn according to law, declares that he is a pensioner of the United States under the act of June 27, 1890, enrolled at the pension agency at the rate of dollars per month, by reason of partial inability to earn a support by manual labor, his pension certificate being numbered . That he believes himself to be entitled to an increase of pension on account of the following-named disabilities, to wit: [state when and where disabilities originated, and if wounds or injuries; give circumstances of incurrence]. That none of said disabilities are due to vicious habits, and that they are, to the best of his knowledge and belief, of a permanent character; ; that he was employed in the military or naval service prior to , 18 ; that he has been employed in the military or naval service since , 18 . [here state what the service was, whether prior or subsequently to that [ stated above, and the dates at which it began and ended] . That his post-office address is , county of , State of . Attest: (1) (2) Also personally appeared residing at , persons whom I certify to be respectable and entitled to credit, and residing at [Claimant's signature.] and who, being by me duly sworn, say they were present and saw -, the claim- ant, 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 of years and years, respectively, that he is the identical person he represents himself to be, and that they have no interest in the prosecution of this claim. Sworn to and subscribed before me this day of [Signatures of witnesses. ] , A. D. 190; and I [L.S.] hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 224 LAWS DELATING TO ARMY AND NAVY PENSIONS. To bo executed before some officer of a court of record having custody of its seal, a notary public, i justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such] a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose] authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, the prosecution of the claim. ft" fl g | 8 I I LAWS RELATING TO ARMY AND NAVY PENSIONS. 225 [3023. Old No. 3022.] DECLARATION FOR RESTORATION OF PENSION. [Act of June 27, 1890.] County of ss: STATE OF On this day of , A. D. one thousand nine hundred and , per- sonally appeared before me, a within and for the county and State afore- dd, , aged years, late a member of Co. , Regiment, a resident of , county of , State of , who, being duly [sworn according to law, declares: That he was a pensioner of the United States at the rate of dollars per | month under the act of June 27, 1890, until , 189 , when his pension was [reduced or discontinued] on the ground that . That he believes i such action was improper for the following reasons: . That the number of his pension certificate is . That he has not been employed in the military |or naval service of the United States since , 18 . That he makes this declaration for the purpose of having his pension restored i at the rate of dollars per month from . That he appoints , of , State of , his true and lawful | attorney to prosecute his claim. That his post-office address is , county of -, State of Attest: (1) (2) [Claimant's signature.] Also personally appeared -, residing at and residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign his name (or make his mark) to the foregoing declaration; that I they have every reason to believe, from the appearance of said claimant and their (acquaintance with him of years and years, respectively, that he is the identical person he represents himself to be, and that they have no interest in [the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190 , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swear- [L. s.] ing, including the words , erased, and the words , added, and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official cnaracter.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such icer is not required by law to have and use a seal, his official character, signature, and term of )ffice must be certified by the proper State, county, or city officer under his official seal, unless such ?rtificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose ithority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in prosecution of the claim. 532302 15 226 LAWS EELATING TO AEMY AND NAVY TENSIONS. o . X > 87 "i % GO LAWS EELATING TO ARMY AND NAVY PENSIONS. 227 [3007. Old No. 3012 a.J [Act of June 27, 1890, as amended by act of May 9, 1900.] DECLARATION FOR WIDOW'S PENSION. STATE OF , County of , ss: On this day of , A. D. one thousand nine hundred and , personally appeared before me, a within and for the county and State aforesaid, , aged - years, a resident of , county of , State of , who, being duly sworn according to law, makes the following declaration in ;Drder to obtain pension under the provisions of the act of Congress approved June 27, 1890, as amended by the act of May 9, 1900. That she is the widow of , who was [enrolled or commissioned] under the name of at - on the day of , 18 , as a in [here state rank and designation of organization or name of vessel], ind honorably discharged , 18 , having served ninety days or more iuring the late war of the rebellion. That the soldier was in the military or laval service of the United States except as stated above. [If any ?ther service, it should be stated in full]. That she was married under the name of to said soldier at on ;he day of , 18 , by ; that there was no legal barrier to the narriage; that she had been previously married; that the soldier had been previously married, [If there was a prior marriage of either, the late and place of death or divorce of former consort or consorts should be stated.] That the said soldier died , 18, at ; that she was not divorced Tom him; that she has not remarried since his death, and that she is without other neans of support than her daily labor and an actual net income not exceeding two :mndred and fifty dollars per year. That the said soldier left the following-named children who are now living and jnder sixteen years of age, to wit: [If the soldier left no children, the claimant should so state.] , born , 18, at . , born , 18 , at . , born , 18 , at . , born , 18, at . , born , 18, at . , born , 18 , at . That she has heretofore applied for pension. [If prior applica- tion has been made, the number thereof, the service on which it was based, and the name of the soldier should be stated.] That she hereby appoints [if she desires to employ an attorney], of , her true and lawful attorney, to prosecute this claim. That her post-office address is , county of , State of . [Claimant's signature.] Attest: (1) (2) Also personally appeared - , residing at , and , residing at - , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , 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 of years and years, respectively, that she is 228 LAWS RELATING TO ARMY AND NAVY PENSIONS. the identical person she represents herself to be; that she is without other means of support than her daily labor and an actual net income of not exceeding two hun- dred and fifty dollars per year; and that they have no interest in the prosecution of this claim. Sworn to and subscribed before me this day of [Signatures of witnesses.] , A. D. 190; and I [L.S.] hereby certify that the contents of the above declaration, etc. , were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public justice of the peace, or other officer authorized to administer oaths for general purposes. If sucl officer is not required by law to have and use a seal, his official character, signature, and ter of office must be certified by the proper State, county, or city officer under his official seal, unit such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whc authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, ir the prosecution of the claim. 04 i s i >> 5 "8 a 1 | Ir g 1 f-i g K HH O - 8 d 1 k Q f 1 fc>. 1 1 3 & Q OQ 00 LAWS RELATING TO ARMY AND NAVY PENSIONS. 229 [3043.] DECLARATION FOR WIDOW'S PENSION. [Under the act of June 27, 1890, as amended by the act of May 9, 1900.] [Applicable to pending or rejected claims.] STATE OF County of A. D. one thousand nine hundred and person- within and for the county and State afore- -, county of , State of , who, being On this day of ally appeared before me, a said, , a resident of duly sworn according to law, makes the following declaration, in order to obtain pension under the provisions of the act of Congress approved June 27, 1890, as amended by the act of Congress approved May 9, 1900: That she is the widow of , who served as a in ; that she has not remarried since his death; that she is without other means of sup- port than her daily labor and an actual net income not exceeding two hundred and fifty dollars per year, and all the sources of her income are as follows, to wit: That she hereby adopts and reiterates all and singular the averments made in her claim for pension, number , heretofore filed under the act of June 27, 1890. a That she hereby appoints of , her true and lawful attorney, to prosecute this claim. That her post-office address is , county of , State of . Attest: (1) (2) residing at [Claimant's signature.] and Also personally appeared residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw , the claimant, sign her name (or make her mark) to the foregoing declaration; that I they have every reason to believe, from the appearance of said claimant and their acquaintance with her of years and years, respectively, that she is the identical person she represents herself to be; that she is without other means of support than her daily labor and an actual net income of not exceeding two hundred and fifty dollars per year; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of A. D. 190-, and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, |[L. s.] including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] iThis blank not to be filled unless she desires to employ an attorney. 230 LAWS RELATING TO AKMY AND NAVY PENSIONS. To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer, under his official seal, unless such i certificate has been filed in the Bureau of Pensions for general reference. aended by the act 1 w o i t CO PH PH g ~ T-H rH * PENDIJ CLAIMS. ) WIDOW. g r3 g 3 o 1 act of Ji ICABLE ! 3 ^ rt ? & LAWS RELATING TO ARMY AND NAVY TENSIONS. 231 [3010. Old No. 3 01 5a.] FF [Act of June 27, 1890.] FF DECLARATION FOR CHILDREN UNDER SIXTEEN YEARS OF AGE. STATE OF , County of , ss: On this day of , A. D. one thousand nine hundred and , personally appeared before me, a within and for the county and State aforesaid, , aged years, a resident of , County of , State of , who, being duly sworn according to law, makes the following declaration in order to obtain pension under the provisions of the act of Congress approved June 27, 1890: That he is the guardian of - , legitimate child of - , who was [enrolled or commissioned] under the name of , at , on the day of -, 18, as a in [here state rank and designation of organization or name of vessel] and honorably discharged , IS , having served ninety days or more during the late war of the rebellion. That the soldier was in the military or naval service of the "United States except as stated above. [if any other service it should be stated in full]. That the mother of said child was married under the name of to the soldier at , on the day of , 18 , by : ; that there was no legal barrier to the marriage; that she had been previously married; that he had been previously married. [if there was a prior mar- riage of either, the date and place of death or divorce of former consort or consorts phould be stated]. That the said soldier died , 18 , at ; that he left widow surviving [state date of death or remarriage] . That the following named are the only children of the soldier who are now living an 1 under sixteen years of age, to- wit: , born , 18 , at . , born , 18, at . , born , 18 , at . , born , 18, at . , born , 18 , at . , born , 18 , at . That prior claim on behalf of said child has been filed. [if prior application has been made, the number thereof, the service on which it was based, and the name of the soldier should be stated]. That h post-office address is , county of , State of . [Claimant's signature.] Attest: (1) (2) Also personally appeared , residing at , and - , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign h name (or make h mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaint- ance with h of years and years, respectively, that he is the identical person he represents h self to be; and that they have no interest in the prose- cution of this claim. [Signatures of witnesses.] 232 LAWS RELATING TO ARMY AND NAVY PENSIONS. Sworn to and subscribed before me this day of A. D. 190, and I [L. 8.] hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. . 2 3 fc GO g W M r ~ l I S 88 8 g ! * ? s a a x 2 i I 1 I 3 "o 85 O cc $ .! LAWS RELATING TO ARMY AND NAVY PENSIONS. 233 [3-008.] DECLARATION OF A WIDOW FOR RESTORATION OF PENSION, [Act of March 3, 1901, amending section 4708, Revised Statutes.] STATE OF - On this -, County of day of -, A. D. one thousand nine hundred and person- within and for the county and State afore- years, a resident of , county of , State ally appeared before me, a said, , aged of , who, being duly sworn according to law, makes the following declaration for the purpose of having her name restored to the pension roll under the act of March 3, 1901, amending section 4708, Revised Statutes: That she was formerly pensioned as widow of , who died , 18 , by reason of wound or injury received or disease contracted while serving as in [state rank and designation of organization or name of vessel], in the war [name the war in which he served]. That she was his lawful wife during the period of his servicetn said war, and that she remained his lawful wife to the date of his death. That her pension was paid by the United States pension agent at , and that the number of her pension certificate was . That she never received any other pension from the United States nor made any other appli- cation for pension. [if she was ever pensioned or made a claim for pension on account of any other soldier, his name, service, and relationship should be stated] . That her pension terminated because of her marriage to . That said marriage took place , 18 , at . That said husband died -, 18 , at , (or) that she was divorced from said husband, upon her own application and without fault on her part, on the day of -,18 ,at That said husband did serve in the Army or Navy of the United States. [a full statement of his service, if any, should be given]. That she did marry again after the death of the soldier except to named above. [if she contracted any other marriage after the death of the soldier, the name of the husband, the date and place of the marriage, and the date and manner of dissolution of the marriage should be stated]. That she is with- out other means of support than her daily labor and an actual net income not exceed- ing two hundred and fifty dollars per year. That her post-office address is , county of , State of . Attest: (1) ' (2) -, residing at [Claimant's signature.] and Also personally appeared residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , 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 acquaint- ance with her of years and years, respectively, that she is the identical person she represents herself to be, and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] 234 LAWS RELATING TO ARMY AND NAVY PENSIONS. Sworn to and subscribed before me this day of -, A. D. 190-, and I hereby [L. s.] certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, includ- ing the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of thi$ claim. [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. LAWS RELATING TO ARMY AND NAVY PENSIONS. 235 [:{ 019. old No. :$ oi'.M [Act of June 27, 1890.] JJ DECLARATION FOR SOLDIER'S CHILD WHO IS PERMANENTLY HELPLESS. [To be executed before a court of record or some officer thereof having custody of its seal, a notary public, or a justice of the peace, whose official signature shall be verified by his official seal; and in case he has none, his signature and official character shall be certified by a clerk of a court of record or a city or county clerk.] STATE OF County of On this day of A. D. one thousand nine hundred and per- sonally appeared before me, a State aforesaid, -- , aged of the in and for the county and years, who, being duly sworn according to law, makes the following declaration in order to obtain the pension provided by act of Congress approved June 27, 1890; that is the legal guardian of , who is at the present time suffering from , which said disa- bility, to best knowledge and belief, is permanent in its character, and renders said ward permanently helpless; that imate child of -, on the day of said ward is the legit- who enlisted under the name of , at , 18 , in [here state rank, company, and regiment, if in the military service, or vessel, if Navy], and served at least ninety days in the war of the rebellion in the service of the United States, who was honor- ably discharged , and died : that he left widow surviving him [here state date of death or of remarriage] ; that the said child was born , 18 ; that the father was married under the name of to , there being no legal barrier to such marriage; that application has heretofore been made for a minor's pension numbered , and a certificate number granted; that the declarant hereby appoints , of , State of , true and lawful attorney to prosecute this claim and receive a fee of $ ; that post-office address is , county of , State of Attest: 1. 2. residing at [Claimant's signature.] and Also personally appeared residing at , persons whom I certify to be respectable and entitled to credit, and who, being duly sworn, say that they were present and saw - , the claimant, sign name (or make - - mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with - - for years and years, respectively, that is the identical person represents to be; and that they have no interest in the prosecution of this claim. [Signatures of witnesses.] Sworn to and subscribed before me this day of A. D. 189-; and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the W0 rda , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] 23(3 LAWS RELATING TO ARMY AND NAVY PENSIONS. The act of June 27, 1890, requires that in minor children's cases who are permanently helpless 1. That the soldier served at least ninety days in the war of the rebellion and was HONORABLY DISCHARGED. 2. Proof of soldier's death [cause need not have been due to army service], his marriage to mother, and proof of her death or divestment of title. 3. In case a minor child is insane, idiotic, or otherwise permanently helpless, the pension shall continue during the life of said child, or during the period of such disability, and this priviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this act. 4. That the child of soldier was under the age of sixteen years at date of the death or remarriage of widow. OQ R L LAWS KELATING TO AEMY AND NAVY PENSIONS. 237 [3030. Old No. 3-029.] DECLARATION FOR NURSE'S PENSION. \ [To be executed before some officer authorized to administer oaths for general purposes. The official character and signature of any such officer not required by law to use a seal must be certified by the clerk of the proper court, giving dates of beginning and cloi lose of official term.] STATE OF County of On this - - day of , A. D. one thousand nine hundred and , per- Isonally appeared before me, a - - within and for the county and State afore- said, - , a resident of - , State of , who, being duly sworn according to law, states that she was born in the year 18 , and is years of age. That she is the identical person who was employed by as nurse, and that she served under the name of from the day of , 186 , to the day of , 186 , when she was honorably released at . That her service was rendered in - - [here state post, camp, or general hospital], where she served at least months during the war of the rebellion. That she is unable to earn a support by reason of [here name causes for inability to earn a support] . The said disabilities are to the best of her knowledge and belief of a permanent character. That claimant has applied for received a pen- Ision as [widow, mother, or nurse] under the general law or by special act of Congress, [If claimant's husband or sons have rendered service in the Army or Navy, that fact must be stated, with name of soldier in full, giving company and regiment. If they are pensioners or applicants for pension, the number of their claims must be stated.] That she makes this declaration for the purpose of having her named placed on the pension roll of the United States under the provisions of the I act of Augusts, 1892. She hereby requests that , of , State of , be allowed to [act as her attorney to prosecute her claim, which service he agrees to render without | compensation, under the penalty of the law. That her post-office address is No. , street, , county of - , I State of . [Signature of claimant in full.] Attest: Also personally appeared residing at and residing at [give street and number, if in city], persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign her name (or make her mark) to the foregoing declaration; that they have every reason to believe from the appear- ance of said claimant and their acquaintance with her for years and years respectively, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim. (1) - -. (2) . [Signatures of witnesses.] [If witnesses sign by mark, their sig- natures must be attested by persons who write. ] 238 LAWS RELATING TO ARM* AND NAVY PENSIONS. Sworn to and subscribed before me this - day of A. D. 190, and I [L. hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature.] [Official character.] INSTRUCTIONS. If the rolls of the hospital show employment for the period named, it can be ascertained by thi office, and no other proof of this fact will be required. If the Surgeon-General has no record of the service, other proof will be required as to the fact am period of service, which will be considered in the following order: Original documents; evidence surgeons or assistant surgeons in charge of hospital; hospital stewards or enlisted men who were duty with claimant and whose service is of record. Claimant's inability to earn a support may be shown by the affidavit of her family physician, or bj the evidence of two witnesses. The nature of the disability need not be named. If, however, claii ant is sixty-five (65) years of age, and that fact is stated in her declaration, and she will furnish tl evidence of one credible witness to corroborate her statement, the same can be accepted as sufficiei to show inability to earn a support. If claimant has married or remarried since her service, that fact should be shown. ACT granting pensions to army nurses. Be it enacted, &c., That all women employed by the Surgeon-General of the Army as nurses, ur contract or otherwise, during the late War of the Rebellion, or who were employed as nurses durii such period by authority which is recognized by the War Department, and who rendered actual ser ice as nurses in attendance upon the sick or wounded in any regimental, post, camp, or genei hospital of the armies of the United States for the period of six months or more, and who we honorably relieved from such service, and who are now or may hereafter be unable to earn a supi shall, upon making due proof of the fact according to such rules and regulations as the Secretary the Interior may provide, be placed upon the list of pensioners of the United States and be entitle to receive a pension of twelve dollars per month, and such pension shall commence from the date the filing of the application in the Pension Office after the passage of this act: Provided, That no pei son shall receive more than one pension for the same periqd. SEC. 2. That no fee, compensation, or allowance, shall be paid to, received, or accepted by anj agent, attorney, or other person instrumental in the prosecution of any claim for pension under tin act; and any person who may make any claim upon any applicant for any fee, compensation, allowance shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding li\ hundred dollars, or imprisonment at hard labor not exceeding one year, or both, in the discretion the court; and it shall be the duty of the Interior and War Departments to render all proper aid applicants under this act. [August 5, 1892.J LAWS RELATING TO ARMY AND NAVY PENSIONS. 239 [3037. Old No. 3560.] DECLARATION OF A WIDOW FOR ACCRUED PENSION. LTE OF County of On this day of speared before me, a , aged -, A. D. one thousand nine hundred and , personally within and for the county and State aforesaid, years, a resident of , county of , State of , rho, being duly sworn according to law, makes the following declaration in order obtain the pension which had accrued to her husband, named below, at the time his death. That she is the widow of , who served as in [state rank [and designation of organization or name of vessel], and who was a pensioner of the Fnited States by certificate No. , on the roll of the pension agency at ; it the last payment of his pension was made to the day of died on the day of , 190 . 190; that That she was married under the name of bn the day of , 18 , by to said pensioner at ; that there was no legal bar- Irier to the marriage; that she had been previously married; that the soldier Ihad been previously married. [if there was a prior marriage of [aither, the date and place of death or divorce of former consort or consorts should stated]. That her post-office address is , county of , State of . Attest: (1) (2) [Applicant's signature.] , residing at , and , whom I certify to be respectable and entitled to Also personally appeared aiding at - , persons lit, and who, being by me duly sworn, say they were present and saw - -, the claimant, sign her name (or make her mark) to the foregoing declara- tion; and that they have every reason to believe, from the appearance of said claim- lant and their acquaintance with her of years and years, respectively, [that she is the identical person she represents herself to be; and that they have no iterest in the prosecution of this claim. Sworn to and subscribed before me this day of [Signatures of witnesses.] , A. D. 190 , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, [L. s.] including the words , erased, and the words , added; and that I have no interest, direct or indirect, in the prosecution of this claim. [Signature. ] [Official character.] 240 LAWS RELATING TO ARMY AND NAVY PENSIONS. To be executed before some officer of a court of record having custody of its seal, a notary public justice of the peace, or other officer authorized to administer oaths for general purposes. If suet officer is not required by law to have and use a seal, his official character, signature, and term office must be certified by the proper State, county, or city officer under his official seal, unless a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whc authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, the prosecution of the claim. The evidence indicated below should accompany the declaration: 1. A verified copy of the public record, or, if no such record exists, the testimony of the attendii physician or of credible witnesses, showing the date of the soldier's death. 2. A verified copy of the public or church record of the claimant's marriage to the soldier; or, no such record exists, the affidavit of the person who performed the ceremony; or, if that can not procured, the testimony of credible persons who were present at the marriage, showing the dat thereof. 3. If the claimant or soldier had been previously married, the death or divorce of the former hi band or wife should be proved in case of death by a verified copy of the public record; or, If such record exists, by the testimony of credible witnesses; in case of divorce, by a certified copy the decree of the court. If there was no prior marriage of either party, the fact should be shown by the testimony of credible witnesses. 4. Testimony of credible witnesses showing whether the claimant lived with the soldier to the date of his death; and, if not, whether she was divorced from him. Copies of records should be attested by the. officer having custody thereof; and if he has no seal by ichich to authenticate his signature, the attestation should be under oath. Witnesses must state their post-office addresses, ages, and means of knowledge of the facts to which thoj f< .s- tify; and write their names immediately after their statements, fearing no blank space over their nignatiin s; and it should appear in the jurats that they knew the contents of their affidavits, and that erasures or altcra tions, if any, were made before the oath was administered. LAWS EELATING TO ARMY AND NAVY PENSIONS. 241 [3038. Old No. 3 561.] APPLICATION FOR ACCRUED PENSION (MINORS}. STATE OF , County of , ss: On this day of - , 19, personally appeared - , who, being duly sworn, declare that , deceased, was granted a pension by cer- tificate No. , payable by the pension agent at , which certificate is here- with surrendered (if not, state why not), ; that said pensioner died on the day of , 19 , having been last paid to include the day of , 19 ; and that application is hereby made for the pension which had accrued up to the date of the pensioner's death. further swear to the truth of the following statements: If the deceased was pensioned as an invalid, state whether he was paid or employed in the Army, Navy, or Marine Service of the United States subsequent to the date to which the pension was paid. . If pensioned as a widow, state whether she had remarried, giving, if she had, the date and the husband's name. Give also the number of children for whom she was granted $2.00 per month additional, and the names and dates of death of any of these who have since died. . If the deceased was pensioned as a father or mother, state whether dependence continued till death, and whether mother had remarried. . If the deceased was a male pensioner, state whether he left a widow, giving, if he did, the date of her death. . further swear that the following are the names, with the dates of birth, or the dates of death, of all the children left by the deceased pensioner who were under sixteen at pensioner's death, viz: . The affiant's residence is (give street and number) , , and post-office address is . [Signatures of affiants. ] Also personally appeared and , residing at , who, [being duly sworn, make oath that they were present and saw sign name (make mark) to the foregoing declaration; that they know that Ithe widow is dead, and that the above-named children are the legitimate children jot" , who died on the day of , 19 , and the dates of birth land death of said children to be as above stated; and that their means of knowl- edge as to the date of the pensioner's death, as to the fact of the widow's death, land as to the legitimacy, ages, and death of the children, are as follows: . [Signatures of witnesses. ] I Sworn to and subscribed before me on this day of , 19, and I certify that the affiants are reputable persons; that they know the contents of their depo- jsitions; and that their statements are entitled to full faith and credit. I further [certify that I have no interest, direct or indirect, in the above claim. > [Signature.] [Official character.] 532302 16 242 LAWS RELATING TO ARMY AND NAVY PENSIONS. STATE OF I, hereby certify that -, County of -, clerk of the is court of the county and State aforesaid, do , duly commissioned and qualified; that day of , 19 , and will expire on the his commission was dated on the day of , 19 , and that his signature above written is genuine. Given under my hand and the seal of said court this day of , 19 . , Clerk. When the applicant is a guardian, letters of guardianship should be furnished. This application should be properly executed and forwarded to the Commissioner of Pensions. It is desirable that the witnesses should be able to write thair own names; if not, their marl should be witnessed. LAWS RELATING TO ARMY AND NAVY PENSIONS. 243 [3-005. Old No. 3-012.] DECLARATION OF WIFE UNDER ACT OF MARCH 3, 1899. State of , County of , ss: On this day of - , A. D. 190 , personally appeared before me, a within and for the county and State aforesaid, , aged years, a resident of , county of , State of , who, being duly sworn accord- in?: to law, makes the following declaration in order to obtain one-half of the pen- sion due or to become due her husband , who is a resident pensioner of the United States, and who . [If an inmate of a State or National Soldiers' Home, the name and location of the Home should be fully stated. If not an inmate of a Soldiers' Home, but the pensioner has deserted his lawful wife for a period of over six months, the facts should be fully stated here.] That her said husband served as a [rank] in [here give full service of husband] and is a pensioner by certificate number . That she was married under the name of to said at , on the day of , 18 , by ; that there was no legal barrier to the marriage; that she had - - been previously married; that the - had - - been previously married. [If there was a prior marriage of either, the date and place of death or divorce of former consort or consorts should be stated.] That she has not been divorced from her said husband; that she is a woman of good moral character and in necessitous circumstances, and is an inmate of any institution or home pro ed for the wives and children of soldiers and sailors. That her post-office address is , county of , State of . [Claimant's signature.] Attest: 1 . 2 Also personally appeared , residing at , and residing at , persons whom I certify to be respectable and entitled to .credit, and who, being by me duly sworn, say they were present and saw , 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 acquaint- ance with her for years and years, respectively, that she is the identical person she represents herself to be; and that they have no interest in the prosecution of this claim. 1 . 2 . [Signatures of witnesses.] Sworn to and subscribed before me this day of , A. D. 190, and I {hereby certify that the contends of the above declaration, etc., were fully made Known and explained to the applicant and witnesses before swearing, including the words erased, and the words added; and that I have no interest, direct lor indirect, in the prosecution of this claim. [Signature.] [Official character.] 244 LAWS DELATING TO ARMY AND NAVY PENSIONS. To be executed before some officer or a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, unless such a certifiate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. h I 5 o * 2 e ; a i i ~ ^ < o ~ . o 1 LAWS RELATING TO ARMY AND NAVY PENSIONS. 245 [3011. Old No. 3015 />.] :< 'LA RATIOX or MINOR CHILDREN, UNDER ACT OF MARCH 8, 1899. STATE OF , < 'aunty of - , *x: On this -- day of - , A. D. 190 , personally appeared before me, a - within and for the count}' and State aforesaid, , a resident of , county of , State of -- , aged - years, who, being duly sworn according to law, makes the following declaration as the guardian of the minor children here- inafter named, in order to obtain one-half of the pension due or to become due their father, , who is a resident pensioner of the United States, and who . [If an inmate of a State or National Soldiers' Home, the name and location of the Home should he fully stated. If not an inmate of a Soldiers' Home, but the pen- sioner has deserted his legitimate minor children for a period of over six months, the facts should be fully stated here.] That said pensioner served as a - [rank] in - [give full service of father] and is pensioned by certificate number - , and has the following- named legitimate children, who are now living and under sixteen years of age, to wit: , born , 18 , at - . 1Q n f 10 n f 1 Q n f ,..._._. Vinrn 18 nt That the father was married to the mother of said children at - on the - day of - , A. D. 1 , by -- ; that there was no legal barrier to said marriage. That the pensioner has no lawful wife living, and that said children are the only legitimate children of pensioner who are now under sixteen years of age. That said children are - inmates of any institution or home provided for the wives and children of soldiers and sailors. That h post-office address is - , county of - , State of - , [Claimant's signature.] Attest: 1 . 2 Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign h name (or make h mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with h of - years and years, respectively, that - is the identical person - - represents self to be; and that they have no interest in the prosecution of this claim. [Signature of witnesses.] Sworn to and subscribed before me this day of , A. D. 190, and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the 246 LAWS RELATING TO ARMY AND NAVY PENSIONS. -, erased, and the words words - direct or indirect, in the prosecution of this claim, [i, s.] -, added; and that I have no interest, [Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public, justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and term of office must be certified by the proper State, county, or city officer under his official seal, \inless such a certificate has been filed in the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be taken before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. & i s ^ ? 3 i s s . -s > LAWS RELATING TO ARMY AND NAVY PENSIONS. 247 [3020. Old No. 13 019 b.] DECLARATION OF PERMANENTLY HELP LEW AND DEPENDENT CHILD. [Under act of March 3, 1899.] STATE OF , County of , .s.s: On this day of , A. D. 19 , personally appeared before me, a within and for the county and State aforesaid, , aged years, who, being dnly sworn according to law, makes the following declaration as the guardian of the permanently helpless and dependent child hereinafter named, in order to obtain one-half of the pension due or to become due h father, , who is a resident pensioner of the United States, and who . [If an inmate of a State or National Soldiers' Home, the name and location of the Home should be fully stated. If not an inmate of a Soldiers' Home, but the pensioner has deserted his permanently helpless and dependent child for a period of over six months, the facts should be fully stated here.] That said pensioner served as a [rank] in [give full service of father], and is pensioned by certificate number . That said child [name] is the legitimate child of the pensioner, and is at the present time suffering from , which said disability to h best knowledge and belief is permanent in its character and renders the said child permanently helpless. That said child was born on day of , A. D. 1 , and is dependent on h father for support. That the father was married to the mother of said child at , on the day of , A. D. 1 , there being no legal barrier to such marriage, and that said pensioner has no lawful wife living. That there are legitimate children of said soldier now living under the age of sixteen years; that said permanently helpless and dependent child is an inmate of an institution or home provided for the wives and children of soldiers and sailors. That h post-office address is , county of , State of . Attest: 1 - 2 - Also personally appeared , residing at , and , residing at , persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say they were present and saw , the claimant, sign h name (or make h mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with h of years and years respectively, that is the identical person h represents h self to be; and that they have no interest in the prosecution of this claim. [Signature of witnesses.] Sworn to and subscribed before me this day of , A. D. 19 , and I hereby certify that the contents of the above declaration, etc., were fully made known and explained to the applicant and witnesses before swearing, including the 248 LAWS RELATING TO ARMY AND NAVY PENSIONS. -, erased, and the words words - direct or indirect, in the prosecution of this claim. [I, 8.] -, added; and that I have no interest, {Signature.] [Official character.] To be executed before some officer of a court of record having custody of its seal, a notary public justice of the peace, or other officer authorized to administer oaths for general purposes. If such officer is not required by law to have and use a seal, his official character, signature, and terms of office must be certified by the proper State, county, or city officer under his official seal, unless such a certificate has been filed fn the Bureau of Pensions for general reference. Testimony in support of allegations made in a declaration may be made before any officer whose authority and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. D AWS OR THE UNITED STATES GOVERNING THE GRANTING OF ARMY AND NAVY PENSIONS. JULY, 19O2. 249 ADDENDA TO THE LAWS OF THE UNITED STATES GOVERNING THE GRANTING OF ARMY AND NAVY PENSIONS.-JULY, 1902. AN ACT for the better organization of the line of the Army of the A t 26 Apr., United States. 18 stat. L., v. 30. * * * * * -X--X-P- 365 - SEC. 6. * * * Provided further, That any soldier who deserts shall, besides incurring the penalties now rights- attaching- to the crime of desertion, forfeit all right to pension which he might otherwise have acquired. Approved, April 26, 1898. AX ACT making appropriations for the naval service for the fiscal Act 4 May, 1898. year ending June tl for other purposes. year ending June thirtieth, eighteen hundred and ninety-nine, and p . 377.' " v> ' * * * And whenever any officer, seaman, or marine amended 13 ' R ' St ' entitled to a pension is admitted to the Naval Home at mat^o? Navai Philadelphia, or to a naval hospital his pension, while he Si^br^lwSi remains there, shall be deducted from his accounts and secretary P of d the paid to the Secretary of the Navy for the benefit of the Navy> fund from which such home or hospital, respectively, is maintained; and section forty-eight hundred and thirteen of the Revised Statutes of the United States is hereby amended accordingly. Approved, May 4, 1898. AN ACT to remove the disability imposed by section three of the^Act 6 June, Fourteenth Amendment to the Constitution of the United States. stat L v 30 p 432 Be it enacted In/ the Senate and House of Representatives Political diaa- n -, -rr . -, r? . w 777 bility removed. of the Umted States of America in Congress assembled, That the disability imposed by section three of the Four- teenth Amendment of the Constitution of the United States heretofore incurred is hereby removed. Approved, June 6, 1898. 251 252 LAWS RELATING TO ARMY AND NAVY PENSIONS. Act 13 June, AN ACT to provide ways ami means to meet war expenditures and 462 - * - * * * * * Spanish war Provided, That no stamps shall be required upon any taxes removed L . 1 from pension pa- papers necessary to be used for the collection of claims from the United States for pensions, back pay, bounty, or for property lost in the military or naval service. Approved, June 13, 1898. . Act j Apr., AN ACT repealing section forty-seven hundred and sixteen of the Stat L v 31 Revised Statutes, so far as the same may be applicable to the claims 136. of dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. Be it en.acted by the Senate and House of Representatn of the United States of America in Congress a-ssen That section forty -seven hundred and sixteen of the vised Statutes be, and the same is hereby, repealed, so fai as the same may be applicable to the claims to pension oi dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. Approved, April 18, 1900. sec. 4716 re- i9 That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this Act. U SEC. 3. That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honorably discharged has died, or shall hereafter die, leaving a widow without means of support other than her daily labor, and an actual net income not exceeding two hundred and fifty dollars per year, or minor children under the age of sixteen years, such widow shall, upon due proof of her husband's death, without proving his death to be the result of his army service, be placed 01 the pension roll from the date of the application therefoi under this Act, at the rate of eight dollars per monl during her widowhood, and shall also be paid two dollai per month for each child of such officer or enlisted mar under sixteen years of age; and in case of the death 01 remarriage of the widow, leaving a child or children oi such officer or enlisted man under the age of sixteen years. such pension shall be paid such child or children until the | age of sixteen: "Provided, That in case a minor child is insane, idiotic, or otherwise physically or mentally helpless, the pension shall continue during the life of said child, or during the period of such disability; and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute; and such pensions shall commence from the date of application therefor after the passage of this Act: "And provided further, That said widow shall have married said soldier prior to the passage of the said A< of June twenty-seventh, eighteen hundred and ninety." Approved May 9, 1900. Act 24 1900. Stat. L.,v.31,p- 183. May, AN ACT to amend section five of an Act to relieve certain appointed or enlisted men of the Navy and Marine Corps from the rliar^r <>f desertion, approved August fourteenth, eighteen hundred and eighty- j eight. ri?e a corp8. d Ma " ^ e ^ enacted ~by the Senate and House of Representatives Act H Aug., of the United States of America in Congress assembled, charge of deser- That chapter eight hundred and ninety, volume twcnty- ani- re five, of the United States Statutes at Large, entitled "An! LAWS RELATING TO ARMY AND NAVY PENSIONS. 255 Act to relieve certain appointed or enlisted mm of the Navy and Marine Corps from the charge of desertion," approved August fourteenth, eighteen hundred and eighty- eight, be, and the same is hereby, revived and reenacted. SEC. 2. That section five of the said Act be, and is herebv, limitation as to , , ,, ,. ., ,. , , ... t filing claims re- so amended as to remove the limitation of time within moved, which applications for relief may be received and acted upon under the provisions of said Act. Approved, May 24, 1900. AN ACT amending section forty -seven hundred and eight of the Act3Mar.i90i. Revised Statutes of the United States in relation to pensions to~s t at.L.,v.3i,p. remarried widows. 1445 - Be it enacted by the Senate and House of Representatives a ^- d 4 ^ 8 ' R - s - of the United States of America in Congress assembled, That section forty-seven hundred and eight of the laws of the United States governing the granting of army and navy pensions be, and the same is, amended to read as follows: The remarriage of any widow, dependent mother, or wi ^ w si d e n end- dependent sister entitled to pension shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such mar- riage; but on the remarriage of any widow, dependent mother, or dependent sister having a pension, such pen- sion shall cease: Provided, however, That any widow who was the lawful Provisos. wife of any officer or enlisted man in the Army, Navy, c Marine Corps of the United States, during the period (rfJ 1 R33 d TKr his service in any war, and whose name was placed orJjy**^ OI p,J shall hereafter be placed on the pension roll because of vlded ~ her husband's death as the result of wound or injury received or disease contracted in such military or naval service, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die, or from whom she has been heretofore or shall be hereafter divorced, upon her own application and without fault on her part, and if she is without means of support other than her daily labor as defined by the Acts of June twenty-seventh, eighteen hundred and ninety, and May ninth, nineteen hundred, shall be entitled to have her name again placed on the pension roll at the rate now 256 LAWS RELATING TO ARMY AND NAVY PENSIONS. provided for widows by the Acts of July fourteenth, eighteen hundred and sixty-two, March third, eighteen hundred and seventy-three, and March nineteenth, eight- een hundred and eighty-six, such pension to commence from the date of the filing of her application in the Pension Bureau after the approval of this Act: And provided further, That where such widow is sion - already in receipt of a pension from the United States she shall not be entitled to restoration under this Act: And provided further, That where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to res- toration under this Act unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the restoration of said widow the payment oi pension to said child or children shall cease. fg No attorney g EC< 2. No claim agent or other person shall be entitb to receive any compensation for services in making appli- cation for pension under this Act. Approved, March 3, 1901. NOTE. Conditions to be shown by widow to gain restoration under this act: First. That she was the wife of soldier during his military service; Second. That pension had been allowed her under the provisions of the general law; Third. That she is dependent within the meaning of the act of 27th June, 1890; and Fourth. That if pension has accrued to helpless or idiotic child, or a minor under 16 years, said child or children is or are in her care and is or are members of her family. Act 10 Mar., AN ACT Making appropriations for the payment of invalid and oth< 1902. pensions of the United States for the fiscal year ending June thirtiet nineteen hundred and three, and for other purposes. pensions ap- ^ 6 ^ enac ted by the Senate and Home of Representatii propri&tion. -. , . of the United States of America in Congress assembled, , That the following sums be, and the same are hereby, ap-j propriated, out of any money in the Treasury not other- wise appropriated, for the payment of pensions for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, namely: enSon?' **" -^ or arm y an( * navv pensions, as follows: For invalids, widows, minor children, and dependent relatives, army LAWS RELATING TO ARMY AND NAVY PENSIONS. 257 i nurses, and all other pensioners who are now borne on the I rolls, or who may hereafter be placed thereon, under the provisions of any and all Acts of Congress, one hundred and thirty-eight million five hundred thousand dollars: Provided, That the appropriation aforesaid for navy Navy pensions. pensions shall be paid from the income of the navy pension fund, so far as the same shall be suffiicent for that purpose: Provided further. That the amount expended under each SC paStc nts kept I of the above items shall be accounted for separately. For fees and expenses of examining surgeons, for serv- Fees - etc., ex- , , .,,. , /. i . araining sur- hces rendered within the hscal year nineteen hundred and& e <> n s- three, eight hundred thousand dollars. And each member of each examining board shall, as now authorized by law, receive the sum of two dollars for the examination of each applicant whenever five or a less number shall be examined on any one day, and one dollar for the examination of each additional applicant on such day: Provided, That if twenty or more applicants appear on Hefted * 1 * 10118 one day, no fewer than twenty shall, if practicable, be examined on said day, and that if fewer examinations be then made, twenty or more having appeared, then there shall be paid for the first examinations made on the next examination day the fee of one dollar only until twenty I examinations shall have been made: Provided further, That no fee shall be paid to any mem- NO fee unless . . ' , service ren- ber of an examining board unless personally present and assisting in the examination of applicant: And provided further, That the report of such examm - ing surgeons shall specifically state the rating which in disabilities. their judgment the applicant is entitled to, and the report of such examining surgeons shall specifically and accu- rately set forth the physical condition of the applicant, each and every existing disability being fully and care- fully described. The reports of the special examiners of the Bureau of Pensions shall be open to inspection and copy by the applicant or his attorney, under such rules and regulations as the Secretary of the Interior may prescribe : And provided further, That hereafter no pension attor- ney, claim agent, or other person shall be entitled to or receive any compensation for services rendered in secur- through con- ing the introduction of a bill or the passage thereof through Congress granting pension or increase of pension; and any person who shall, directly or indirectly, contract for, demand, receive, or retain any compensation for such 532302 - 17 258 LAWS RELATING TO ARMY AND NAVY PENSIONS. services shall be deemed guilty of an offense, and upon Penaityciause. conviction thereof shall, for each and every such offense, be fined not exceeding five hundred dollars, or imprisoned not exceeding two years, or both, in the discretion of the court. Agents' salary. j? or sa l ar j es o f eighteen agents for the payment of pen- sions, at four thousand dollars each, seventy-two thousand dollars. cierk hire. For clerk hire, four hundred and thirty thousand dollars: Provided, That the amount of clerk hire for each agency shall be apportioned as nearly as practicable in proportion to the number of pensioners paid at each agency, and the salaries paid shall be subject to the approval of the Secre- tary of the Interior. Rents. For rents, nine thousand four hundred and eighty dollars. stationery, etc. For stationery and other necessary expenses, including fuel and lights, thirty thousand seven hundred and fiffr dollars. Approved, March 10, 1902. Act 28 A p r., AN ACT making appropriations for the legislative, executive, and - - - judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. the Senate and House of RepresentaM tion act. tives of the United States of America in Congress assem- bled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not other- wise appropriated, in full compensation for the service of| the fiscal year ending June thirtieth, nineteen hundi and three, for the objects hereinafter expressed, namely; salaries officers PENSION OFFICE: For the Commissioner of Pensioi Bureau of Pen- five thousand dollars; First Deputy Commissioner, thrc thousand six hundred dollars; Second Deputy Commit sioner, three thousand six hundred dollars; chief clerk, two thousand two hundred and fifty dollars; assistant chief clerk, two thousand dollars; medical referee three thousand dollars; assistant medical referee, two thousand two hundred and fifty dollars; two qualified surgeons who shall be experts in their profession, at two thousand dollars each; thirty-eight medical examiners, who shall be surgeons of education, skill, and experience in their profession, at one thousand eight hundred dollars each; LAWS RELATING TO ARMY AND NAVY PENSIONS. 259 ten chiefs of division, at two thousand dollars each; law clerk, two thousand two hundred and fifty dollars; chief of board of review, two thousand two hundred and fifty (dollars; fifty-seven principal examiners, at two thousand dollars each; twenty assistant chiefs of division, at one thousand eight hundred dollars each; three stenographers, at one thousand six hundred dollars each; seventy clerks of class four; eighty-five clerks of class three; three hun- dred and thirty clerks of class two; four hundred clerks of class one; two hundred and fifty clerks, at one thou- sand dollars each; one hundred and forty-five copyists; superintendent of building, one thousand four hundred dollars; two engineers, at one thousand two hundred dol- lars each; three firemen; thirty-three messengers; twelve assistant messengers; twenty messenger boys, at four hundred dollars each; forty-five laborers; ten female laborers, at four hundred dollars each; fifteen charwomen; one painter, skilled in his trade, nine hundred dollars; one [cabinetmaker, skilled in his trade, nine hundred dollars; [captain of the watch, eight hundred and forty dollars; [three sergeants of the watch, at seven hundred and fifty [dollars each, twenty watchmen; in all, one million nine [hundred and sixty-four thousand eight hundred and ten (dollars. For per diem, when absent from home and traveling on Per diem when RllowGd [duty outside the District of Columbia, for special exam- iners, or other persons employed in the Bureau of Pensions (detailed for the purpose of making special investigations Ipertaining to said Bureau, in lieu of expenses for subsist- ]ence, not exceeding three dollars per day, and for actual nd necessary expenses for transportation and assistance ind any other necessary expenses, including telegrams, :hree hundred and fifty thousand dollars: Provided, That two special examiners or clerks detailed Proviso. md acting as chief and assistant chief of the division of chief and aa- t . . sistant chief spe- special examiners may be allowed, from this appropria- ciai examiners- . J . V di vision. tion, in addition to their salaries and in lieu of per diem and all expenses for subsistence, a sum sufficient to make their annual compensation two thousand dollars and one thousand eight hundred dollars, respectively, and when- Bver it may be necessary for either of them to travel on official business outside the District of Columbia by spe- cial direction of the Commissioner, he shall receive the same allowance in lieu of subsistence and for transporta- tion as is herein provided for special examiners and de- 260 LAWS EELATING TO ARMY AND NAVY PENSIONS. tailed clerks engaged in field service; and the Secretary of the Interior shall so apportion the sum herein appropri- ated as to prevent a deficiency therein. For an additional force of one hundred and fifty special examiners for one year, at a salary of one thousand three hundred dollars each, one hundred and ninety-five thou- sand dollars; and no person so appointed shall be emploj^ed in the State from which he is appointed; and any of those now employed in the Pension Office or as special examiners may be reappointed if they be found to be qualified. Approved, April 28, 1902. Act 1902 - 27 June, N ACT to extend the provisions, limitations, and benefits of an Act entitled "An Act granting pensions to the survivors of the Indh wars of eighteen hundred and thirty-two to eighteen hundred forty-two, inclusive, known as the Black Hawk war, Creek Cherokee disturbances, and the Seminole war," approved Ji twenty-seventh, eighteen hundred and ninety-two. Indian warden- sioned. O f -Be the Senate and House of Hepresentatii United /States of America in Congress assemb i8w c amended y ' That the provisions, limitations, and benefits of the Aci entitled "An Act granting pensions to survivors of the Indian wars of eighteen hundred and thirty-two to eight* een hundred and forty-two, inclusive, known as thei Black Hawk war, Creek war, Cherokee disturbances, and the Seminole war," approved July twenty-seventh, eighteen hundred and ninety-two, be, and the same ar$ hereby, extended, from the date of the passage of this Act, to the surviving officers and enlisted men, including marines, militia, and volunteers of the military and Thirty days' service of the United States who served for thirty days service and an . cha n e ra rere d ui~ more an( ^ were honorably discharged under the Unil States military, State, Territorial, or provisional authoi ties in the Florida and Georgia Seminole Indian war eighteen hundred and seventeen and eighteen hundi and eighteen; the Fevre River Indian war of Illinois oi eighteen hundred and twenty -seven; the Sac and Fox Indian war of eighteen hundred and thirty-one; the Sabine Indian disturbances of eighteen hundred and thirty-six and eighteen hundred and thirty-seven; the Cayuse Indian war of eighteen hundred and forty-seven and eighteen hundred and forty -eight, on the Pacific coast; the Florida wars with the Seminole Indians, from eighteen hundred and forty-two to eighteen hundred and fifty-eight, inclu- 8ite - LAWS EELATING TO ARMY AND NAVY PENSIONS. 261 sive; the Texas and New Mexico Indian war of eighteen hundred and forty-nine to eighteen hundred and fifty-six; the California Indian disturbances of eighteen hundred and fifty-one and eighteen hundred and fifty-two; the Utah Indian disturbances of eighteen hundred and fifty to eight- een hundred and fifty-three, inclusive, and the Oregon and Washington Territory Indian wars from eighteen I hundred and fifty -one to eighteen hundred and fifty-six, inclusive; and also to include the surviving widows of such officers and enlisted rnen: Provided, That such widows have not remarried: surviving wid- ows entitled. And provided further, That where there is no record of ac f| c e r a ? 1 X> y enlistment or muster into the service of the United States ot n eniist f mentor in any of the wars mentioned in this Act the record of p&y muster - by the United States shall be accepted as full and satis- factory proof of such enlistment and service: And provided further, That all contracts heretofore nl ^f andvoid Cts made between the beneficiaries under this Act and pension [attorneys and claim agents are hereby declared null and [void. Approved, June 27, 1902. JOINT RESOLUTION construing the Act approved June twenty- Act Uuly, 1902. seventh, eighteen hundred and ninety, entitled "An Act granting pensions to soldiers and sailors who are incapacitated for the per- formance of manual labor, and providing for pensions to widows, minor children, and dependent parents, and for other purposes." Resolved by the Senate and Home of Representatives the United States of America in Congress assembled, That the Act approved June twenty-seventh, eighteen hundred moved, except- and ninety, entitled "An Act granting pensions to soldiers and sailors who are incapacitated for the performance of manual labor, and providing for pensions to widows, minor children, and dependent parents," is construed and held to include all persons and the widows and minor children of all deceased persons, subject to the limitations of said Act, who served for ninety days in the military or naval service of the United States during the late war of the rebellion, and who have been honorably discharged therefrom, and section forty-seven hundred and sixteen, Revised Statutes United States, is amended accordingly: Provided, howevw, That the foregoing shall not apply to those who served in the First, Second, Third, Fourth, Fifth, and Sixth regiments United States Volunteer 262 LAWS RELATING TO AEMY AND NAVY PENSIONS. Infantry who had a prior service in the Confederate army I or navy and who enlisted in said regiments while confined -I as prisoners of war under a stipulation that they were notjSI to be pensionable under the laws of the United States, nor I to those who, having had such prior service, enlisted in: I the military or naval service of the United States after tha. I first day of January, eighteen hundred and sixty -five. bu^iah?m SEC. 2. That in the administration of the pension laws I governs, provid- anv en }i s t e d man of the Army, including regulars, volun- teers, and militia, or any appointed or enlisted man of thai Navy or Marine Corps, who was honorably discharged I from the last contract of service entered into by him dur-|| ing the late war of the rebellion, shall be held and consid ered to have been honorably discharged from all similar contracts of service previously entered into by him with the United States during said war: Provided, That such enlisted or appointed man serve shown 111 ' etc>> is no ^ I GSS t nan six months under said last enlistment or a] pointment, that his entire service under said last enlistmei or appointment was faithful, and that he did not receiv< by reason of said last enlistment or appointment air bounty or gratuity other than from the United States inj excess of that to which he would have been entitled if he] had continued to serve faithfully until honorably dis- charged under any contract of service previously entered into by him, either in the Army, Navy, or Marine Corps, during the war of the rebellion. Approved, July 1, 1902. A. ABANDONMENT: Page. By widow of minor child or children forfeits pension. Section 4706 79 ABSENCE: Or death of Commissioner of Pensions, who may act. Section 472 3 On sick leave, sick furlough, or veteran furlough, soldier's status. Section 4700 35 Seven years presumption of death. Act March 13, 1896 96 ACCRUED PENSION: Disposal of and to whom paid. Section 4718 and act March 2, 1895 77-78 Due in restoration claims, evidence required to secure. Section 4719 79 Due certain inmates of Government Hospital for the Insane to be retained for hospital fund. Act August 7, 1882 . 120 In hands of treasurers of National Homes, paid to heirs on death. Acts August 7, 1882, and March 3, 1883 113,116 Not assets of an estate of a deceased pensioner 77-78 Not liable to the debts of a deceased pensioner 77-78 Where pensioner dies subsequent to mailing of check and before payment, disposition of. Acts March 1, 1889, and June 1, 1890 87, 112 Where certificate issues and beneficiary named dies before payment, dis- position of. Acts March 1, 1889, and June 30, 1890 87, 112 ACKNOWLEDGMENT. (See Oaths. ) ACT JUNE 27, 1890, AND AMENDMENTS: Aggregate of disabilities rated in claims under. Act May 9, 1900 253 Commencement and continuance thereunder. Act May 9, 1900 253 Construed. Act July 1, 1902 261 Determination of inability to earn a support. Act May 9 1900 253 Final honorable discharge governs, provided six months' service is shown. Act July 1, 1902 '. 262 Limitation As to time of marriage. Act May 9, 1900 254 Of section 4716 removed in cases under. Act July 1, 1902 261 Rejected, suspended, or dismissed claims under, commencement of pen- sions. Act March 6, 1896 95 Rules and regulations as to claims under 179 Service rank not considered. Act May 9, 1900 254 Soldiers and sailors of war of the rebellion and their widows, etc. , entitled . 61 Widow's income, amount necessary to disqualify title. Act May 9, 1900 . 254 ACTS: May 21, 1872. Penalty for retaining discharge papers, etc ... June 6, 1874. Special act pensions equalized 149 June 18, 1874 Increase for total disability Increase for loss of arm at or below elbow, etc 17 263 264 INDEX. ACTS Continued. Page. March 3, 1875. Embezzlement, stealing public property, etc 146 August 15, 1876. Regulations as to issuance of artificial limbs 153 February 27, 1877. Artificial limbs 154 February 28, 1877. Rate of pension for loss of one hand or one foot 26 March 3, 1877 Equalizing pensions to certain officers in the Navy 12 Equalizing navy officers' pensions 23 Provisions of section 4716 removed as to those who aided the rebel- lion and afterwards enlisted in the United States Army 82 March 8, 1878. Death of pension agents, vacancy, how filled 117 March 9, 1878. Soldiers and sailors of the war of 1812 and their widows, pensionable status 66-69 June 14, 1878. Appropriation act, salary of pension agents 118 June 17, 1878. Increase for loss of both hands or both feet 17 June 18, 1878. Lieutenant commanders in Navy 23 June 20, 1878. Attorneys and agents 125 January 25, 1879. Increase of pension on account of wounds, death, etc.. 32-33 March 1, 1879. Civil employees of the United States entitled to pension. . March 3, 1879 Soldiers and sailors, totally blind, increase granted li Amputation at hip joint, rate of pension Arrears of pension May 17, 1879. Conspiracy June 21, 1879. Commissioner's authority to increase or reduce pensions.. June 9, 1880. Restoring pensions in certain cases 12 June 16, 1880. Total disability, increase granted for 18 February 26, 1881. Regulating pensions of inmates of National Homes for Disabled Volunteers 113 March 3, 1881. Relief of certain citizens of Montana, Nez Perce Indian war 150 July 25, 1882. Amending section 4744, detailed clerks as special exam- iners 84,86,136,145 Augusts, 1882. Duties of first and second deputy commissioners 4 August 7, 1882 Certain soldiers relieved from charge of desertion 37 Amending section 4702, widows and minors, when entitled Pensions to inmates of National Homes for Disabled Volunteers 11< Insane pensioners who are inmates of National Homes, disposition of pension, etc 114, 119-11 August 8, 1882. Amending section 4766, pensions paid only to persons entitled, except February 28, 1883. Pledge or transfer of pension void March 3, 1883 Increase for loss of arm or leg 11 Regulations, Soldiers' Home, Washington, D. C .. lit April 18, 1884. False personation of United States officer, etc 144 June 3, 1884. Muster and pay of certain volunteer officers and enlisted men 46 July 4, 1884. Attorneys' fees, etc 125-128 July 5, 1884. Relief of soldiers charged with desertion 39-40 February 16, 1885. Amending section 3646, duplicates for lost checks, how issued (see sec. 4770, p. 117) 120 INDEX. 265 ACTS Continued. Page. March 3, 1885 Pension for loss of arm at shoulder joint, etc 20 Appropriation act 86 March 19, 1886. Increase to widows, etc 55 May 15, 1886. Discharges for Missouri Home Guards 150 May 17, 1886. Removal of charge of desertion from records in certain cases 40 August 4, 1886. Increase for loss of arm or leg 20 January 3, 1887. Relief of survivors of steamer Jeannette 151 January 29, 1887 Pension for soldiers and sailors of the Mexican war 74 Relief of sufferers of the steamer Ashuelot 151 February 3, 1887. Pay and muster of certain volunteer officers 47 February 19, 1887. Marriage ceremonies in Territories 54 June 7, 1888. Commencement of widows' pension, oaths by United States officers administered free in certain cases 54 August 14, 1888. Relief of certain enlisted men in the Navy and Marine Corps from the charge of desertion (amended by act May 24, 1900) . 12-14, 254 August 27, 1888. Increase in cases of deafness 21 February 12, 1889. Increase for loss of both hands 18 March 1, 1889. Payment on pension checks and certificate where subse- quent to issuance pensioner dies 112 March 2, 1889. Relief of certain soldiers of the Mexican and civil wars, charged with desertion 41-44 March 4, 1890. Increase for total disability 19 June 27, 1890. Pensions for soldiers and sailors of war of rebellion and their widows, etc. (see also acts May 9, 1900, and July 1, 1902) 61-63 June 30, 1890. Appropriation act 87-89 July 1, 1890. Oaths in pension and other cases, before whom made 106 August 29, 1890 Officers on retired list not pensionable 37 Oaths, Department chief clerks to administer in certain cases 108 September 1, 1890. Oaths, those authorized to administer, in pension cases. 106 February 10, 1891. Amending sections 4783 and 5486, embezzlement 138 March 2, 1891. Minor soldier, when not entitled to pension 44 March 3, 1891 Pensions to Powell's battalion Missouri Mounted Volunteers 75 Appropriation act 89-91 Pension agencies grouped, payment of pensions 91, 111 Attorneys' fees in increase claims 90, 129 Special examiners authorized to administer oaths 91, 136 Amending section 4787, artificial limbs 155 July 14, 1892. Total disability, frequent aid and attendance, $50 rate 27 July 26, 1892. As to execution of declarations and other papers 107 July 27, 1892 Extending limitation for filing claims for removal of charge of deser- tion 45 Pensions to survivors of Indian wars, amended by act June 27, 1902. 71, 260 August 1, 1902. Repealing provisions of section 4716 in certain cases 49 August 5, 1892. Pensions to army nurses 64 January 5, 1893. Increase in certain Mexican war cases 76 February 3, 1893. Proof of citizenship in Indian war claims 72 March 1, 1893. Nonpayment of pensions to nonresidents, except 92 266 INDEX. ACTS Continued. Page. March 3, 1893. State and Territorial Homes, deduction for pension re- tained 49 December 21, 1893. Pension not to be withheld or suspended without notice 80 July 18, 1894. Fees and expenses of examining surgeons 92 August 23, 1894. Fourth-class postmasters authorized to execute pension vouchers 108 February 15, 1895. Benefits of act of June 27, 1890, extended to certain Missouri troops and their widows and minors 63 March 2, 1895 Accrued pension, how and to whom paid 77 Limitation for removal of desertion proceedings rescinded 45 Appropriation act provision for nonpayment of pensions to nonresi- dents repealed, etc 93 March 6, 1896. Appropriation act, commencement of pension, etc., under act June 27, 1890 95-96 ^ March 13, 1896. Death presumed from absence March 23, 1896. Taking affidavits, etc., by pension agents abolished 11 ( May 13, 1896. Marriages in District of Columbia 5' May 25, 1896. One year's residence in Territories prerequisite to obtaining divorce 5' May 28, 1896 Appropriation act, chief and assistant chief special examiners' division provided for Giving pension benefits to master, mate, etc., of steam vessels drafted into the service of the United States 1 June 11, 1896. Bounty benefits extended to all honorably discharged enlisted men 15 February 5, 1897. Benefits of sections 1426 and 1573 extended to Gray's battalion Arkansas Volunteers 76 February 24, 1897. Relief of certain officers and enlisted men of the vol- unteer forces, war of rebellion 50 March 14, 1898. Appropriation act, no pensions paid to foreign pensioners by power of attorney 98-99 March 30, 1898. Relief of sufferers of U. S. S. Maine 103-104 April 22, 1898. Status of officers, etc. , of Volunteer Army 101 April 26, 1898. Desertion forfeits pension 25: May 4, 1898. Pensions to inmates of Naval Home, Philadelphia, and naval hospitals, to whom paid 25 June 6, 1898. Political disability in pension claims removed 25: ' June 13, 1898. Spanish war taxes removed from pension papers July 7, 1898. Penalty for false affidavits and postdating vouchers 147-1 February 4, 1899. Appropriation act 100-10 February 27, 1899. Relief of Fourth Arkansas Mounted Infantry 101-1 March 3, 1899. Diversion of pension during desertion from family, resi- dence in State and National Homes, conditions and regulations 121-1 April 18, 1900. Ex-Confederate parents may draw pension for sons' serv- ices in Spanish war April 23, 1900. Increase of pension in Mexican war claims 25! May 9, 1900. Amending act June 27, 1890, pension to soldiers and sailors of war of the rebellion and their widows, etc 253 May 24, 1900. Desertion, Navy and Marine corps, removal of limitation for filing claims 254 INDEX. 267 ACTS Continued. p age . March 3, 1901. Section 4708, Revised Statutes, amended, remarriage, etc. 255 March 10, 1902. Appropriation act, fees of examining surgeons, salary of pension agents, etc 256-258 April 28, 1902. Legislative, etc., appropriation act, salaries of bureau offi- cers 258-260 June 27, 1902. Pensions to survivors of Indian wars 260 July 1, 1902. Construction of act of June 27, 1890, limitation of section 4716 removed in certain cases, final honorable discharge governs, pro- vided 261 ADJUTANT-GENERAL UNITED STATES ARMY: Charges of desertion standing on records of, how to be removed. . . 37, 39, 40-45 To issue certificate of honorable discharge on removal of record of desertion . 40 ADULTEROUS COHABITATION: Open and notorious, of widow terminates pension. Act August 7, 1882.. 54 AFFIDAVITS: Executed in foreign countries, how authenticated. Act July 26, 1892 107 False. (See Crimes and offenses.) Oaths to, before whonrmay be executed. Section 4714, and acts July 1, 1890, July 26, 1892; joint resolution September 1, 1890 106-107 AGE: Sixty-two years constitutes disability under the Mexican war survivors' act. 74 AGENTS AND ATTORNEYS: Articles of agreement To be filed in duplicate. Act July 4, 1884 125 Form of 127 Evidence executed before, not considered 174 Fees. (See Fees.) Have right to inspect reports of examining surgeons. Act July 18, 1894. . 93 Have right to inspect and copy special examiners' reports. Act March 10, 1902 257 Laws and regulations relative to the recognition of 123-133 Oath of allegiance to be taken by. Section 3478 123 Penalty For violation of act relating to fees. Act July 4, 1884 128 For wrongfully withholding pension. Act June 27, 1890 1 63 Prohibition Against persons formerly in Executive Departments acting as. Sec- tion 190 123 Against persons employed in the United States Government acting as. (See Crimes and offenses. ) Against demanding or receiving fees other than those prescribed by Commissioner of Pensions 126 Against attorney demanding postage as a right, or refusing to prose- cute claim for noncompliarice with request for postage. Commis- sioner's order No. 169 129 Postage to, limited. Commissioner's order 169 129 Power of attorney not recognized in paying foreign pensions. Act March 14,1898 99 Regulations For payment of fees 125-128 For guidance of 169-180 Prescribed by Secretary of the Interior for governing the recogni- tion of.. 130-133 268 INDEX. AGENTS AND ATTORNEYS Continued. Page. Rules governing To be prescribed by the Secretary of the Interior 125-128 Practice in appeal cases 159-162 Practice before Commissioner of Pensions 162-166 AID AND ATTENDANCE. (See Totally helpless and Table of rates. ) ALIENS. (See Foreigners and Nonresidents.) AMPUTATION. (See Specific disabilities and Table of rates.) ANTEREBELLION PENSIONS: Commencement of. Section 5713 36 APPLICATION: For pensions from Navy pension fund made to Secretary of Navy. Sec- tions 4756 and 4757 10 For removal of charge of desertion standing against soldiers of Mexican and civil wars, made to Secretary of War. Acts March 2, 1889, and July 27,1892 44-45 For removal of charge of desertion standing against enlisted men of the Navy and Marine Corps, made to Secretary of Navy. Acts August 14, 1888, andMay24, 1900 12-14,254 For reimbursement, under section 4718 and act March 2, 1895, made to Auditor for Interior Department, Treasury Department, Washington, D. C 178 For truss, made to examining surgeon for pensions. Section 1177 156 See also Declarations. APPOINTMENT OF: Assistant chief, special examination division. Act May 28, 1896 98 Chief of special examination division. Act May 28, 1896 98 Commissioner of Pensions. Section 470 3 Deputy Commissioners of Pensions. Section 472 and act August 5, 1882 . 3 Medical referee. Section 4776 83 Pension agent. Section 4778 117 To fill vacancy on death, etc., of pension agent. Act March 8, 1878 117 Special examiners. (See Appropriation acts.) APPROPRIATION ACTS: June 14, 1878 118 March 3, 1885 86 June30, 1890 87 March 3, 1891 89-91 March 2, 1895 March 6, 1896 95 May 28, 1896 97 March 14, 1898 98-99 February 4, 1899 100-101 March 10, 1902 ARKANSAS MOUNTED INFANTRY: Relief granted to officers and men of. Act February 27, 1899 101-102 ARM: Loss of, at or above elbow (second class); increase rate, $24. Act June 18, 1874 17 Loss of, at or above elbow; increase rate, $30. Act March 3, 1883 19 Loss of, at shoulder joint; increase rate same as loss of leg at hip joint. Act March 3, 1885 20 Loss of, at or above elbow ; increase, $30. Act August 4, 1886 20 INDEX. 269 ARM Continued. Page. Loss of, at shoulder joint, or so near as to prevent the use of artificial limb; increase rate, $45. Act August 4, 1886 20 See Specific disabilities, and Table of rates. ARMY: Nurses. (See Nurses. ) Officers of, on active or retired list not pensionable. Act March 3, 1891. . 90 Persons, etc., in the volunteer branch on the same footing as to pay, pen- sion, etc. , as those of the regular. Act April 22, 1898 101 Provision for the muster and pay of certain officers and enlisted men of the volunteer forces of. Acts Juno 3, 1884, and February 3, 1887 46-47 Regular and volunteer, charges of desertion standing against; removal of. 37-45 ARREARS OF PENSION: Basis of title, commencement of, rate. Acts of January 25, 1879; March 3, 1879 32-34 Claims of officers for muster and pay. Act June 3, 1884 47 Granted for causes originating since March 4, 1861. Act March 3, 1879.. 34 No attorney's fees allowed in claims for. Section 4711 and act July 4, 1884 32,127 Sections 4709, 4710, and 471 7 repealed. Acts January 25 and March 3, 1879 . 32 To whom paid. Section 4711, and section 2, act January 25, 1879 32, 33 ARTICLES OF AGREEMENT: Form of 127 Regulations as to filing, payment on. Section 4768 and act July 4, 1884. 109, 124, 125 ARTIFICIAL LIMBS: Laws relating to and providing for. Sections 4787, 4788, 4790, 4791, and acts August 15, 1876, February 27, 1877, and March 3, 1891 153-156 Transportation to have fitted, furnished by Quartermaster-General, United States Army 154 When not issued. Act June 18, 1874 17 ATTACHMENT, LEVY, OR SEIZURE: Pensions not liable to. Section 4747 82 ATTORNEYS. (See Agents and attorneys. ) AUTHORITY FOR PUBLICATION: Pamphlet of laws. Section 4748 2 ASHUELOT: Steamer, relief of survivors of. Act January 29, 1887 151 B. BASIC LAW FOR PENSIONS (GENERAL LAW): Beneficiaries under. Sections 4692 and 4693 5 BIENNIAL EXAMINATIONS: Sections 4771, 4772, and 4773 repealed as to. Act June 21, 1879 45 BLANK FORMS: For articles of agreement 127 For declarations Army nurses 237 Dependent relatives Brothers and sisters 203 Father, general law 201 Mother.. 199 270 INDEX. BLANK FORMS Continued Page. For declarations Continued. Invalids Act June 27, 1890, and May 9, 1890 221 Act June 27, 1890, increase 223 General law 183 Increase 185 Indian war survivors 217 Mexican war survivors 209 Mexican war survivors, increase 211 Navy 187 Restoration after dropping for disloyalty 189 Restoration after dropping for failure to claim pension 191 Restoration after dropping under the act of June 27, 1890 225 Restoration on dropping after medical examination 193 Minor children Accrued pension 241 Act June 27, 1890 231 General law 197 One-half father's pension 245 Permanently helpless, act June 27, 1890 237 Permanently helpless, one-half of pension of father, who is an inmate of a Soldiers' Home 247 Widows Act June 27, 1890, and May 9, 1900 227,229 Accrued pension 239 General law 195 Restoration on renewed widowhood 233 Survivors Mexican war, pension 213 Survivors Indian wars 219 War of 1812 205,207 Wife, one-half of husband's pension 243 For vouchers. "Section 4767 116 BLINDNESS: Total, from causes incurred in service. Act June 17, 1878, to include, rate for, $72. Act March 3, 1879 18 BOND: Of pension agents. Section 4779 118 BOUNTY PAY: For reenlistment in Navy. Section 1573 and act June 11, 1896 15 BOUNTY LAND WARRANT: Withholding of, by attorneys, etc., a misdemeanor; penalty for. Act July 4, 1884 128 BOUNTY AND PAY: Barred by record of desertion, payable on removal of charge. Acts July 5, 1884, and March 2, 1889 40,44 Minor soldiers, when not entitled to. Act March 2, 1891 44 BOUNTY LANDS: Clerk to sign warrant for. Section 473 3 Minor, when not entitled. Act March 2, 1891 44 Regulations as to applications for 178 BRIBE: Acceptance of. (See Crimes and offenses. ) BRIBERY. (See Crimes and offenses. ) INDEX. 271 BROTHER. (See. Dependent relatives.) BUREAU OF PENSIONS: Salaries of officers of. Act April 28, 1902 258 C. NTRALIA, MO.: Benefits of pension laws extended to widows, etc., of those murdered at. Act March 3, 1875 149 CERTIFICATE FOR DISCHARGE. (See Discharge. ) CERTIFICATE OF PENSION: Disposition of fund due on, where beneficiary dies after issue and before payment. Acts March 1, 1889, and June 30, 1890 88, 112 On issue by Commissioner, forwarded to pension agents for payment. Section 4768 116 Retention of, by attorney, etc., a misdemeanor, penalty for. Section 4745 as amended by act February 28, 1883 137 CESSATION OF PENSION. (See Dropping of name from pension roll.) CHECKS: Drawn and mailed by pension agent, to constitute payment. Acts March 1, 1889, June 30, 1890, and March 2, 1895 78,87,112 Lost, stolen, or destroyed, provisions for duplicate. Section 3646, as amended by act February 16, 1885 117, 120 Of pension agents to be signed by clerk. Act June 30, 1890 89 Of pensioner to be drawn to his order. Section 4765 Ill CHIEF CLERKS, EXECUTIVE DEPARTMENTS: Authorized to administer oaths in certain cases. Act August 29, 1890 108 CITIZENSHIP: Proof of, in Indian war claims, how shown. Act February 3, 1893 72 CIVIL SERVICE: Soldiers in, to be paid withheld pension due for period from March 3, 1865, to June 6, 1866. Act March 1, 1879 48-49 CLAIM AGENTS. (See Agents and attorneys.) CLAIMANT: False personation of. (See Crimes and offenses. ) Regulations for guidance in prosecuting claims before Bureau 169-180 CLAIMS: Anterebellion pensions. Section 4713 36 As to payment of arrears. Act March 3, 1879, repealing section 4709 34 False. (See Crimes and offenses. ) For arrears. Act January 25, 1879 32-33 For disabilities incurred subsequent to July 27, 1868. Section 4694 35 For muster and pay; limitation. Act June 3, 1884 47 Of Indians, limitations as to. Section 4721 36 Of nurses, war of rebellion. Act August 5, 1892 64 Of State militiamen or nonenlisted persons. Section 4693 6 Of survivors Indian wars. Acts July 27, 1892, and June 27, 1902 71, 260 Mexican war. Act January 29, 1887 74 Revolutionary war. Section 4742 69 War of 1812. Section 4736 65 CLERKS: Detailed as special examiners; duties; powers. Sections 474, and 4744 amended by act of July 25, 1882 84,147 Of pension agents to sign official checks. Act June 30, 1890 89 272 INDEX. COLORED PERSONS: Page. Borne on the rolls of regiment as slaves entitled to pension and bounty. Section 4723 6 Children of, legitimacy as to. Section 4705 56 Marriage of. Section 4705 56 COMMENCEMENT OF PENSION: Act June 27, 1890, and amendments. Dependent relatives 61 Invalids 62,95,253 Rejected, suspended, or dismissed 95 Widows and minors 62, 95, Anterebellion claims. Section 4713 Army nurses. Act August 5, 1892 General law Dependent relatives. Section 4707 Increase claims. Section 4698 Invalid claims. Section 2, act March 3, 1879 Widows and minors. Section 4702, acts August 7, 1882, and Juno 7, 1888 52,53, In claims for restoration on renewed widowhood. Act March 3, 1901 . For permanent and specific disabilities. Section 4697 Of arrears, to invalids, widows, etc., regulations and limitations. Act March 3, 1879 Those requiring frequent and periodical aid and attendence. Act July 14, 1892 Totally and permanently helpless persons. Act March 4, 1890 To insane persons. Act March 3, 1879 34 Minors where widow abandons. Section 4706 79 Missouri State Militia. Section 4722 and act March 3, 1873 6 Indian war survivors 71 Mexican war survivors 74 War of 1812 survivors. Section 4737 66 Under special acts. Section 4720 80 In Indian wars survivors' claims . 71] In Mexican war survivors' claims 7< COMMISSION: Date given in, determines rank. Section 4696, act February 24, 1897. . 23, 50-51 Issued to certain volunteer officers who were not mustered. Acts June 3, 1884, Februarys, 1887 4( COMMISSIONERS: United States circuit court authorized to administer oaths in pension claims. Section 1 778 COMMISSIONER OF PENSIONS: Absence or death or resignation of, who may act. Section 472, act Au- gust 5, 1882 3, Action of, in case fraud in passage of special-act cases. Section 4720 Appointment and salary of. Section 470 and act August 5, 1882 3, Authority For publication of blank forms, etc. Section 4748 To advise treasurers of Soldiers' Homes as to necessitous and moral character of wife of pensioner inmate. Act March 3, 1899 1! To appoint civil surgeons and make regulations for payment of. Sec- tion 4777 46, To appoint person to sign certificates, etc., for bounty lands. Sec- tion 473.. INDEX. 273 COMMISSIONER OF PENSIONS Continued. Page. Authority Continued . To detail clerks to investigate suspected attempts at fraud. Sections 474 and 4744, as amended by act July 25, 1882 84, 147 To direct, on certification from Secretary of Navy, payments of pen- sion from the naval pension fund. Sections 4756 and 4757 10 To direct special examinations increase or reduce pensions. Act June 21, 1879 45 To inspect pension agencies and medical examining boards. Act Au- gust 8, 1882 114 To investigate merits of claims. Section 4744, as amended by act July 25, 1882 84 To prescribe rules and regulations for ascertaining question of deser- tion soldier's entrance in Homes necessitous circumstances and moral character of wife. Act March 3, 1899 122 To provide rules and regulations for payment of arrears of pension. Act January 25, 1879 33 To regulate payment of attorneys' fees. Sections 4768 and 4769, as amended by act July 4, 1884 125 To reject fee contracts. Section 6, act July 4, 1884 128 Rules of practice before 162-166 COMMUNICATIONS: Relative to Back pay, bounty, etc., appertaining to military service, addressed to the Auditor for the War Department, Treasury Department 178 Extra bounty, pay, etc., appertaining to naval service, addressed to the Auditor for the Navy Department, Treasury Department 178 Securing certificate of service in Regular Army, to Adjutant-General United States Army 178 Volunteer Army, to Chief of Record and Pension Office, War De- partment 178 Navy, to Chief of Bureau of Navigation 178 I Securing copies of discharges filed in claims made on account of serv- ice prior to March 4, 1861 (and information relating to pensions), addressed to the Commissioner of Pensions 178 MMUTATION: In lieu of artificial limbs. Sections 4788, 4790, and 4791 154 NFEDERATE: Parents have pensionable status for son's services in Spanish war. Act April 23, 1900 252 NGRESS : Members of, not to act as agents or attorneys in claims against United States. Section5498 143 Members of, accepting bribe; penalty for. Section 5501 142 NSTITUTION OF UNITED STATES: Indians not required to take oath to support. Section 4721 36 Fourteenth amendment to, limitations of, removed. Act June 6, 1898.. 75,251 UNTERFEITING. (See Crimes and offenses. ) MES AND OFFENSES: Accepting pension certificate as collateral. Act February 28, 1883 137 Aiding or assisting in making or procuring or presenting false or fraudu- lent affidavits, declarations, certificates, or vouchers. Act July 7, I 1898 147,148 532302 18 I 274 INDEX. CRIMES AND OFFENSES Continued. Page. Bribe, acceptance of, by United States officer. Section 5501 142 Bribery of officers, etc. , to influence action. Section 5451 143 Conspiracy to defraud the United States. Section 5440, as amended by act May 17, 1879 142, 147 ; Embezzlement Of pension fund by guardian. Sections 5483, 5486, as amended by act February 10, 1891 138,147 Stealing, etc. , public property, Act March 3, 1875 146 False affidavit, the making or presentation of. Section 4746, as amended by act of July 7, 1898 137,148 False certificate to affidavit, declaration, or voucher. Act July 7, 1898. . . 148 False claims against United States, the making of or causing to be. made and presented. Section 5438 141 False personation of person entitled to pension. Section 5435 141 Forgery and counterfeiting security, public record, affidavits, and other writings. Sections 5414, 5418, 5421, 5479 139-140 For United States Senator or Representative to receive compensation for services in claims against United States. Section 1782 134 For Congressman, Executive Department officers or employees to act as agents or attorneys. Section 5498 Fraud, and authority of the Commissioner to investigate suspected attempts of. Section 4744, as amended by act July 25, 1882 1! Fraudulent conversion of pension funds by guardian. Sections 4783 and 5486, as amended by act February 10, 1891 13 Having forged papers in possession. Section 5422 Illegal fees, taking of, by attorneys. Sections 4785,4786,5485; acts of July 4, 1884, June 27, 1890, August 5, 1892, March 3, 1891, March 10, 1902 63,64,90,142, Larceny of Government property. Act March 3, 1875 Pension certificate, retention of. Act February 28, 1883 1! Perjury and subornation of perjury. Sections 5392, 5393, and third sec- tion act of January 29, 1887, etc 138, U Personation of Government officer. Act April 18, 1884 Pledge or transfer of right, title, or interest in pension. Section 4745 and act of February 23, 1883 Postdating vouchers. Section 4746, as amended by act July 7, 1898 141 Transmission or presentation to United States officer, forged or altered papers, etc. Section 5479 Uttering or publishing forged or altered papers 139-1' Withholding discharged papers or land warrants from soldier. Act May 21,1872 CUBA: Papers executed in, how authenticated 1( D. DEAFNESS: Increase rate for, established. Act August 27, 1888 Rate for loss of hearing of both ears. Section 4698 See also Table of rates. DEATH : Presumption of, on seven years' absence; evidence to show. Act March 13, 1896 96 On failure to claim pension for three years, presumed. Section 4719 79 INDEX. 275 ;LARATIONS: Page Blank forms for (also see Blank forms) 183-248 To be executed before a court of record or any officer authorized to ad- minister oaths for general purposes. Section 4714, and acts July 1 , 1890, September 1, 1890, July 26, 1892 106,107 Executed in foreign countries, before whom. Act July 26, 1892 107 In claims of Indians, before whom made. Act July 26, 1892 107 Regulations as to 159 Required in restoration claims. Section 4719 79 pEPENDENCE, PENSIONABLE: To be shown in claims of parents, brothers, and sisters under the general law. Section 4707 59 To be shown in widows' claims, under act June 27, 1890 61 DEPENDENT RELATIVES: Commencement of pension to General law. Section 4707 59 Act June 27, 1890 61 Declarations of, for pension. (See Blank forms.) Dependence, how shown. Section 4707 59 Ex-Confederate parents have title to pension when based on service in Spanish war. Act April 18, 1900 252 Of those lost on steamer Jeannette, relief granted to. Act January 3, 1887 . 151 Of those lost on steamer Ashuelot, relief granted to. Act January 29, 1887. 151 Of soldiers murdered, Centralia, Mo., relief granted to. Act March 3, 1875. 146 Pension to, only allowed during dependence. Section 4707 59 Remarriage of dependent mother or sister terminates pension. Section 4708 56 Rate of pension to (see Table of rates) 30 Regulations as to applications for pension 173 BPUTY COMMISSIONERS: Appointment, duties, and salary of. Section 472, and act August 5, 1882. 3, 4 DESERTION: Certain soldiers and sailors not deemed charged with. Section 4749 37 For removal of charges of, standing on records of War Department against soldiers of Mexican and civil wars conditions. Acts August 7, 1882, July 5, 1884, May 17, 1886, and March 2, 1889 37-44 For removal of charge of, standing on records against appointed and enlisted men of the Navy or Marine Corps of the war of the rebellion. Act August 14, 1888 12-14 If charge removed from record no pay allowed for time absent without leave. Act March 2, 1889 44 Limitation for riling claims for removal of charge on records of "War Department. Acts July 5, 1884, and July 27, 1892 40, 45 Limitation rescinded. March 2, 1895 k 45 Limitation as to period of service required to have charge of, removed. Act August 14, 1888, and August 7, 1882 14,38 Limitation for removal of charge of, from Navy Department records removed. Act May 24, 1900 254 Mexican war soldiers may have charge removed. Act March 2, 1889 42 Of family by pensioner, one-half pension payable to wife or minor chil- dren. ActMarch 3, 1899 121 Right to pension forfeited by. Act April 26, 1898 251 Terms and proof upon which relief from charge of, may be granted. Act July 5, 1884 39 276 INDEX. Page. DESERTION Continued. When charge of, not removed. Section 3, act August 14, 1888, and sec- tion 7, act March 2, 1889 DETAILED CLERKS: Acting as special examiners. (See Special examiners.) DISABILITY: By reason of age (62) gives title to Mexican war survivors. Act January 29,1887 Contracted in service and line of duty gives title to pension. Section 4693. Equivalent to loss of hand or foot. Sections 4697 and 4698, and act March 3, 1883 19, 24, In the aggregate to be rated in claims under act June 27, 1890. Act May 9, 1900 Political, imposed by fourteenth amendment to United States Constitu- tion, removed. Act June 6, 1898 25| Total, permanent, specific, or inferior, incurred in service, etc., pensions for. Section 4692 DISCHARGE: Certificate of honorable And reenlistment in the Navy gives title to bounty pay. Section 1573 and act June 11, 1896 To be issued to soldiers of the wars of the rebellion and Mexican upon removal of the charge of desertion. Acts August 7, 1882, July 5, 1884, May 17, 1886, and March 2, 1889 37-4| To be issued to appointed and enlisted men of the Navy or Marine Corps in the war of the rebellion upon removal of the charge of desertion. Act August 14, 1888 12-1 May issue, in certain cases to seamen and landsmen of the Navy. Sec tion 1426, act August 14, 1888 12-1 From service in the war of the rebellion, prerequisite to title. Act June 27, 18$0 and act May 9, 1900 61, From Indian wars, prerequisite to title. Acts July 27, 1892, and June 27, 1902 71, From the Mexican war, prerequisite to title. Act January 29, 1887 . . 74-76 Loss of, does not vitiate rights accruing from service In war of 1812. Section 4740 In Mexican war. Act January 29, 1887 In Indian wars. Act July 27, 1892 (For information relative to lost discharge certificate from service in war of rebellion, see section 244 and act February 7, 1890. ) Retention of, by agents, attorneys, etc., a misdemeanor. (See Crimes and offenses. ) To be issued to members of the Missouri Home Guards. Act May 15, 1886 DISLOYALTY: A bar to pension. Section 4716 Provisions of section 4716, removed As to certain persons having pensionable status under act June 27, 1890. Act July 1, 1902 261 As to those who engaged in rebellion and subsequently enlisted in United States Army or Navy. Acts March 3, 1877, and August 1, 1892 49,82 As to those who served in Indian wars. Act July 27, 1892 71 As to those who served in Mexican war. Act January 29, 1887 75 74 LI 81 INDEX. 277 DISLOYALTY Continued. Page. Provisions of section 4716, removed As to Confederate parents whose sons served in Spanish war. Act April 18, 1900 252 DISTRICT OF COLUMBIA: Marriage in, validity of. Act May 13, 1896 57 (DIVISION AND DIVERSION OF PENSION: Pensions to be paid only to persons entitled. Section 4766, as amended by act August 8, 1882, except 114 When payments not made to persons entitled, and to whom paid Inmates of naval hospitals, paid to Secretary of Navy. Act May 4, 1898 251 Inmates of Naval Home, Philadelphia, paid to Secretary of Navy. Act May 4, 1898 251 In case of insane pensioner, payable to wife or guardian of minor. Act August 8, 1882 114 In case of imprisonment of pensioner, payable to wife or guardian of minor. Act August 8, 1882 114 In case of desertion, one half of pension due payable to pensioner's family. Act March 3, 1899 121 In case of inmate of a State Soldiers' Home during residence, one- half of pension to be paid to pensioner's wife or child, etc., unless. Act March 3, 1899 121 In case of inmate of National Home for Disabled Volunteer Soldiers, during residence, one-half to be paid to treasurer of home for pen- sioner's wife, minor child, etc. Act March 3, 1899 121 In case of inmate of National Soldiers' Home, Washington, D. C., and National Homes for Disabled Volunteer Soldiers, to be paid to treas- urer of Homes in trust for pensioner. Acts February 26, 1881, August 7, 1882, and March 3, 1883 113-116 IVISION OF RATE OF $18 PER MONTH. (See Table of rates.) (DIVORCE: Granted to widows (on their own motion) who have forfeited pension by remarriage renews pensionable status. Act March 3, 1901 255 In District of Columbia, validity of. Act May 13, 1896 57 One year's residence in a Territory prerequisite to obtaining. Act May . 25, 1896 '. 57 CROPPING OF NAME FROM PENSION ROLL, CAUSES: Failure to claim pension for three years. Section 4719 79 On cessation of dependence in dependent claims. Section 4707 and act June 27, 1890 59,62 On cessation of disability for which invalid pension was granted. Sec- tion 4702 5 On showing of fraud in passage of special act claims. Section 4720 80 On showing of false and fraudulent representation in having name placed on pension roll. Section 4739 and act July 27, 1892 66, 72 On minor attaining its sixteenth year, except. Section 4702, as amended by act August 7, 1882, and act June 27, 1890 53,61 On refusal of invalid pensioner to submit to medical examination, author- ity of the Commissioner under section 4744, as amended by act July 25, 1882 135 On widow abandoning minor child or children. Section 4706 79 On widow living in notorious adultery. Act August 7, 1882 53 On remarriage of widow, dependent mother, etc. Section 4708 56 Unlawful, if action taken without notice. Act December 21, 1893 80 278 INDEX. EMBEZZLEMENT. (See Crimes and offenses. ) Page. ENGINEERS: Not regularly mustered, pension for. Section 4693 Of steam vessels when drafted in time of war for duty such as required by their license, have pensionable status. Act May 28, 1896 152 Past assistant, assistant, and cadet in naval service pensioned for total disability. Act March 3, 1877 12,23 Rate of pension to. Section 4695, act March 3, 1877 22, 23 ! ENLISTMENT: In Navy or Marine Corps without discharge from prior service, effect. Act August 14, 1888 1| Reenlistment in Navy, bounty pay for. .Section 1573 and act June 11, 1896 . 15 ENLISTED MEN: In military or naval service or Marine Corps, beneficiaries under sec- tion 4693 In volunteer forces, war of the rebellion, muster and pay provided for. Acts June 3, 1884, February 3, 1887, and February 24, 1897 46^8, 5 Of Army, Navy, or Marine Corps on retired or active list, not entitled to pension. Act March 3, 1891 Title of, under act June 27, 1890 ENROLLING OFFICER: Beneficiary under section 4693 Rate of pension to, for total disability. Section 4695 2f EVIDENCE: Copy of, filed in pension claims, how obtained Executed before attorney of record or person having manifest interest, not considered 174 Executed in Cuba or Porto Rico, how authenticated 109 ! Executed in foreign countries, before whom made. Act July 26, 1892 ... 107 May be executed in United States before any court of record or any officer authorized to administer oaths for general purposes. Section 4714 and acts July 1, 1890, September 1, 1890, and July 26, 1892 100-107 Necessary to be used In claims of Indians, execution. Section 4721 In dependent- relative claims under the general law 11 In dependent-relative claims under act June 27, 1890 11 In invalid claims under the general law 1< In invalid claims under act June 27, 1890 In invalid claims for increase of pension 11 In invalid claims for renewal of pension In Revolutionary claims. Section 4743 In war of 1812. Section 4739 In widows' and minors' claims under the general law 11 In widows' and minors' claims under act June 27, 1890 1' To show citizenship in Indian war claims. Acts July 27, 1892, and Februarys, 1893 --- 71,71 Of marriage in Territories of the United States. Act February 19, 1887.. 54-55 Of official character of officers before whom pension papers are executed, how shown. Acts July 1, 1890, September 1, 1890, and July 26, 1892. 106-107 Required in appeal cases 159 EXAMINATIONS: Laws as to biennial, repealed. Act June 21, 1879 4$ INDEX. 279 ;AMINATIONS Continued. Page. Commissioner of Pensions Authorized to direct special, to determine merits and suspected attempts at fraud. Sections 474 and 4744, as amended by act July 25,1882 135,147 Authorized to appoint civil examining surgeons to make. Section 4777 . 46, 83 Authorized to make investigations as to the necessitous circumstances and moral character of wife whose husband is an inmate of a Sol- dier's Home. Act March 3, 1899 121 May order special medical, to increase or reduce pension. Act June 21, 1879 45 EXAMINING SURGEONS. (See Surgeons.) EXECUTIVE DEPARTMENTS: Chief clerks of, authorized to administer oaths in certain cases. Act August 29, 1890 108 Oath of allegiance to be taken by persons prosecuting claims before. Sec- tion 3478 123 Officers, clerks, etc., in, who are notaries public, not allowed to receive notarial fees in certain cases. Act August 20, 1890 108 Officers and employees in, prohibited from acting as agents, attorneys, etc. Section 5498 143 EYES: Rate for loss of both. Section 4697 and Act June 17, 1878 17, 24 Total blindness from service cause. Act March 3, 1879 .- 18 F. FATHER: Dependent, title of. Section 4707 59 Act June 27, 1890, title under - 61 See also Dependent relatives. FALSE AFFIDAVITS. (See Crimes and offenses. ) FALSE CLAIMS. (See Crimes and offenses. ) FALSE PERSONATION. (See Crimes and offenses.) FEE AGREEMENTS. (See Articles of agreement. ) FEES: To agents and attorneys Contracts for, made with, may be rejected by Commissioner of Pen- sions. Section 6, act July 4, 1884 128 Contracts filed in Indian wars survivors' claims null and void. Act June 27, 1902 260 Illegal taking of, by, a misdemeanor. (See Crimes and offenses.) In claims under the general law, amount of, etc. Act July 4, 1884. 125-128 In claims under act June 27, 1890 62 In increase claims. Act March 3, 1891 90, 129 In special-act claims. Act March 3, 1891, and act March 10, 1902. 90, 129, 256 None allowed For introducing and passing special-act claims before Congress. Act March 10, 1902 In claims for arrears. Section 4711 and act January 25, 1879 32-33 In increase claims under act March 19, 1886, which provides for increase of pension to widows, minors, etc In claims of nurses. Act August 5, 1892 In Indian war survivors' claims. Act June 27, 1902 Paid at direction of the Commissioner of Pensions through pension agent. Act July 4, 1884 125-128 Regulation as to payment of. Sections 4768, 4769 116, 124 280 INDEX FEES Continued. Page. For medical examination of claimants residing outside of the United States. ActJuly25, 1882 84-86 None to be paid examining surgeons unless present and participating in examination. Act July 25, 1882 (and subsequent appropriation acts). . 84-86 Of civil examining surgeons. Section 4777 83 Of examining surgeons, amount for each examination, etc. Act July 25, 1882 (and subsequent appropriation acts) 84-86 FEET: Loss of. both. Section 4697 24 Loss of both, increase rate for, $72. Act June 17, 1878 17 Loss of one foot, or total disability in same, increase rate for, $30, estab- lished. Act August4, 1886 20 Loss of one foot and one hand. Section 4697 24 Loss of one foot and one hand, or total disability in both, rate of $36 pro- vided for. Act February 28, 1877 26 See also Table of rates. FLORIDA WAR. (See Indian wars.) FOREIGNERS: No title to pension under Indian wars survivors act. Act July 27, 1892. . 71 FOREIGN PENSIONS: Payment of, power of attorney not recognized. Act March 14, 1898 98 FORMS. (See Blanks. ) FORFEITURES AND PENALTIES: Under sections 2461, 2462, 2463, to be sued for and recovered for benefit of pension fund. Section 4751 _ . .. 8 FORGERY. (See Crimes and offenses. ) FRAUD. (See Crimes and offenses. ) FUGITIVE FROM JUSTICE: Statute of limitation does not extend to. Section 1045 146 FURLOUGH: Sick, veteran, status as to line of duty. Section 4700 35 G. GENERAL SERVICE: Persons in, not allowed pensions, except. Section 4724 and. act August 29, 1890 37 GOVERNMENT HOSPITAL FOR THE INSANE: Provisions for its conduct; those admitted to. Act August 7, 1882 119-120 GRAY'S BATTALION, ARKANSAS VOLUNTEERS: Pension for service in Mexican war. Act February 5, 1897 76 GUARDIANS: Embezzlement or fraudulent conversion of funds by, penalty for. Sections 4783 and 5486, as amended by act February 10, 1891 138 Of insane invalid pensioner, disposition of pension. Act August 8, 1882.. 114 Of minor child or children of soldier, provisions for. Section 4703 and act June 27, 1890 53,61 H. PALF-PAY PENSIONS: Anterebellion. Sections 4725-4732 7,8,57,65,73 HANDS: Loss of both, rate. Section 4697 24 Loss of both, increase rate for, $72. Act June 17, 1878 17 Loss of both, result of service rate $100. Act February 12, 1889 18 INDEX. 281 HANDS Continued. p a g e Loss of one hand, increase rate $24 established. Act March 3, 1883 19 Loss of one hand or total disability in same, increase rate $30 established. Act August 4, 1886 20 Loss of one hand and one foot. Section 4697 24 Loss of one hand and one foot, or total disability in both, rate $36 estab- lished. Act February 28, 1887 6 See also Table of rates. LEIRS AND LEGAL REPRESENTATIVES: Accrued pension money, in treasury of National Homes Disabled Volun- teers due deceased inmate of, to be paid to. Act March 3, 1883 116 Certificate of discharge to be issued to, on removal of charge of desertion. Act July 5, 1884 40 Entitled to arrears, etc., that may have been due certain volunteer officers by reason of failure of muster. Acts June 3, 1884, and February 3, 1887 46-48 Entitled to pay and bounty on removal of charge of desertion. Act July 5, 1884 40 May receive bounty due on removal of charge of desertion. Act August 7, 1882 38 May be paid in case where pension certificate issues and subsequently beneficiary named dies without payment. Act June 30, 1890 88 To be paid accrued pension in certain cases. Acts March 1, 1889, and June 30, 1890 87,112 To have arrears of pay due deceased officers and crew of U. S. S. Maine. Act March 30, 1898 103 LELPLESS MINOR: Pensionable status of. Act June 27, 1890 62 I HELPLESSNESS. (See Totally helpless. ) | HOMES FOR DISABLED VOLUNTEERS, STATE AND TERRITORIAL: Deductions in Government aid given, made for pensions retained from inmates of. Act March 3, 1893 49 One-half of pension of inmate during residence therein paid to wife or minor child, provided. Act March 3, 1899 121 See also National Homes for Disabled Volunteer Soldiers. | HONORABLE DISCHARGE. (See Discharge.) I. (IMMORAL CONDUCT: On part of a widow forfeits title to pension. Section 4706 79 INCREASE OF PENSION: Commencement of, for disabilities not permanent and specific. Section 4698J 16 Declarations for. (See Blank forms.) For deafness. Act August 27, 1888 21 For disability equivalent to loss of a hand or a foot. Act March 3, 1883. . 19 For loss of an arm or leg. Act March 3, 1883 19 For loss of arm at or above elbow, or leg at or above knee. Act March 3, 1883 19 For loss of arm at or below elbow, or leg at or above knee. Act June 18, 1874 17 For loss of both hands or both feet, or sight of both eyes 17-18 For those totally and permanently helpless, requiring the regular aid and attendance of another person. Acts June 18, 1874, June 16, 1880, and March 4, 1890 16,18,19 282 INDEX. INCREASE OF PENSION Continued. Page. Granted to Mexican war survivors. Act April 23, 1900 252 Granted in certain Mexican war cases. Act January 5, 1893 76 Instructions as to how to apply for 171 Of $2 to widows for each minor child of soldier. Section 4703 52-53 Of $2 to minors where widow's right ceases by death or remarriage. Sec- tion 4703 52, 53 To minors of $2 not forfeited by reason of maintenance at public or private expense. Section 4703 52, 53 To $6 in invalid claims, minimum rate. Act March 2, 1895 94 IDENTITY : Of pensioner to be shown before pension agent draws check. Section 4765 Ill INDIANS: Children of, legitimacy as to. Section 4705 56 Claims of, limitation as to filing. Section 4721 36 Exemption as to oath to support United States Constitution. Section 4721 . 36 Marriage of, provisions as to. Section 4705 56 Payment of pensions to, how made. Act August 8, 1882 IU INDIAN AGENTS: Evidence in Indian claims may be taken before. Section 4721 INDIAN WARS: Benefits granted survivors of, limited to citizens of United States. Act July 27, 1892 71 Citizenship, how established in claims under act July 27, 1892. Act Feb- ruary 3, 1893 72 ; Declaration for pension, form of. (See Blank forms.) Fee contracts filed by agents and attorneys under survivor's act null and void. Act June 27, 1902 260 Loss of discharge certificate not to bar survivor's right to pension. Act July 27, 1892 72 Pension allowed survivors of, not in addition to existing pension, except. Section 4, act July 27, 1892 72 j Pension laws in force made applicable to claims under. Section 5, act July 27, 1892 72 Provisions of section 4716, Revised Statutes, repealed. Section 6, act July 27, 1892 Rules and regulations as to applications for pension 17( Service in, shown by record of pay in absence of enlistment and muster. Act June 27, 1902 Survivors of, or their widows pensioned. Act July 27, 1892, and June 27, 1902 71, 2( Surviving citizens and heirs of Nez Perces war have pensionable status. Act March 3, 1881 II Thirty days' service and honorable discharge requisite to title under sur- vivors act 71,1'iK) Widows and minors of persons engaged in, have pensionable status. Sec- tion 4732 INSANE PERSONS: Guardians of, who shall embezzle or fraudulently convert the pension money of, punishable, etc. Sections 4783, 5486, and act February 10, 1891 i: Limitation as to filing of pension claims not applicable to. Act March 3, 1879.. INDEX. 283 INSANE PERSONS Continued. p age> Who are inmates of National Homes for Disabled Volunteers, admitted to Government Hospital for the Insane. Act August 7, 1882 120 Who are children of soldiers, pensionable status of. Section 3, act June 27, 1890 62 Who are pensioners, disposition of pension money. Acts August 7 and 8, 1882 , 115,120 INVALID PENSIONS: Act June 27, 1890; title; requirements; rate 61 Aggregate of disabilities rated in claims under act June 27, 1890, as amended by act May 9, 1900 253 Allowed for injuries received in service, etc. Section 4693 5 Applicants for, presumed to be sound at enlistment, but. Act March 3, 1885 86 Basis of title. Section 4692 5 Commencement of Anterebellion claims. Section 4713 36 Claims under the general law. Section 2, act March 3, 1879 34 Claims for arrears. Act March 3, 1879 34 In increase claims. Section 4698 16 Under act June 27, 1890, and amendments 62, 95, 253 (See also commencement of pension. ) Continuance only during existence of disability. Section 4692 5 Declarations for. (See Blank forms.) Division made in certain cases, to whom paid. Act March 3, 1899 121 Forfeiture of, by desertion, not to be remitted, etc. Section 4749 37 General service pay not allowed at same time with, except. Section 4724. 37 Granted for wounds received or diseases contracted only in line of duty. Section 4694 35 Limitation As to period for prosecuting claims removed. Act January 25, 1879 . 33 In filing claims for arrears. Act March 3, 1879 34 In cases of disability incurred since July 27, 1868. Section 4694 35 Minimum rate allowed, $6. Act March 2, 1895 94 Officers, noncommissioned officers, or privates in Army or Marine Corps either on the active or retired list, not allowed. Acts August 20, 1890, March 3, 1891 37,90 Period of service, how construed. Section 4701 36 Rank determined from date given in commission. Section 4696 and Act June3, 1884 , 23,46 Rate- According to rank at time disability contracted. Section 4696 23 For disability equivalent to loss of hand or foot. Section 4698 25 For disability not permanent. Section 4698 25 For disability incapacitating for the performance of manual labor. Act June27, 1890 ." 61 For lieutenant-commander in Navy. Act June 18, 1878 23 For passed assistant engineers, assistant engineers. Act March 3, 1877. 23 For permanent and specific disability subsequent to July 4, 1864, and prior to June 3, 1872. Section 4697 .... 24 For total disability under general law. Section 4695 22 In claims for arrears to be granted, etc. Acts January 25, 1879, and March 3, 1879 32-34 Of $18 proportionately divided for certain disabilities. Section 4699. 26 To persons whose claims accrued prior to March 4, 1 861 . Section 4712. 26 284 INDEX. INVALID PENSIONS Continued. Page. Rates (see also Table of rates ) ......................................... 28-31 Regulations as to applications for .................................... 169-171 Status of absentees from company and regiment, line of duty. Section 4700 ............................................................... 35 Termination of service, construction. Section 4701 ..................... 36 Those entitled to. Section 4693 ....................................... 5 J. JEANNETTE, STEAMER: Relief of survivors of, and their widows, etc. Act January 3, 1887 ...... 151 JOURNAL OF PRIVATEER VESSELS: Transcript to be transmitted to Secretary of Navy. Section 4763 ........ 12 JUSTICE OF THE PEACE: Has authority to execute pension papers, official character, how shown. Act July 26, 1892 ................................................... 107 LARCENY: Of Government property. (See Crimes and offenses.) LAW BOOKS: For Pension Office, provided for. Act May 28, 1896 .................... 98 LEG: Loss of, at or above knee (second class), increase rate, $24. Act June 18, 1874 ............................................................... 17 Loss of, at or above knee, $30 increase rate established. Act March 3, 1883 ............................................................... 19 Loss of, at hip joint, or so near as to prevent the use of an artificial limb, increase rate established. Act August 4, 1886 ........................ 20 Loss by amputation of either, at hip joint, rate $37.50 established. Act March 3, 1879 ...................................................... 26 See also Table of rates. LEGAL REPRESENTATIVES. (See Heirs and legal representatives. ) LEGITIMACY: Of children born out of wedlock. Section 4704 ......................... 56 Of Indian and colored children. Section 4705 .......................... 56 LEVY, ATTACHMENT, SEIZURE: Pensions not liable to. Section 4747 .................................. 82 LIEUTENANT-COMMANDERS IN NAVY: Rate of pension to. Act June 3, 1878 .................................. 23 LIMITATION: As to beneficiaries under Indian wars survivor act ...................... 71 As to cases of disability incurred subsequent to July 27, 1868. Section 4694 ........................................................... 34 As to filing claims for arrears on behalf of insane persons and children under 16 years of age; none. Act March 3, 1879 ................. 34 As to filing claims by volunteers and regulars in wars of rebellion and Mexican; for removal of record of desertion; extension; repealed. Acts March 2, 1889, July 27, 1892, and March 2, 1895 ............. 45 As to pension; one only to same person or persons entitled jointly for same period allowable. Section 4715 ............... ............ 36 As to period of service in claims for removal of charge of desertion. Act August 7, 1882 .................................. As to prosecution of Indian claims; extension. Section 4721 ............ 36 INDEX. 285 Page. LIMITATION Continued. As to relief granted to certain volunteer officers of the Army who were not mustered. Acts February 3, 1887, June 3, 1884, and February 24, 1897 46-48,50 As to special claims for removal of charge of desertion of enlisted men of Navy and Marine Corps, removed. Act May 24, 1900 As to when persons in military or naval service may be allowed pay and pension. Section 4724 37 As to widows entitled to increased rate of $12 pension. Act March 19, 1886. 55-56 As to widow's right to pension; conditions as to marriage. Act March 3, 1899 121-122 Of fourteenth amendment to United States Constitution removed. Act June 6, 1898 251 Of section 4716 removed In certain claims under act June 27, 1890. Act July 1, 1902 261 In claims of survivors of Indian wars. Act July 27, 1902 71 In claims of survivors of Mexican war. Act January 29, 1887 75 In claims of those engaged in rebellion, and subsequently enlisted in United States Army or Navy. Acts March 3, 1877, and August 1, 1892 49,82 As to Confederate parents whose sons served in Spanish war. Act April 18, 1900 252 Statute of, when operative. Section 1044 145 LINE OF DUTY: Cause of disability or death must originate in, to give title to pension under the general law. Section 4693 5 Sick leave, sick furlough, veteran furlough, status as to. Section 4700 ... 81 LOYALTY. (/Stee Disloyalty.) M. MAGISTRATES. (See Oaths.) MAINE, U. S. S. : Relief for survivors and relatives of those lost on. Act March 30, 1898. 103-104 MANUAL LABOR: Incapacity to perform, a factor in securing pension. Act June 27, 1890. . . 61 MARINE CORPS: Aid given to those disabled persons serving in, ten years. Section 4757. . 10 Charges of desertion standing against officers or persons serving in, removed. Act August 14, 1888 12-14 Charge of desertion removed only in cases showing six months' service. Sections, Act August 14, 1888 14 Charge of desertion, limitation as to filing claims removed. Act May 24, 1900 . 254 Half pay for those disabled and enlisted persons serving in, twenty years. Section 4756 10 Enlistment in, without discharge from prior service, effect of. Section 3, Act August 14, 1888 13 Officers on retired list not pensionable. Act August 29, 1890 37 Persons in, have pensionable status under general law. Section 4693 5 Persons on active or retired list of, not pensionable. Act March 3, 1891.. 90 Persons in, not to draw pay and pension, except. Section 4724 37 MARRIAGE: Conditions necessary to be shown to give title to pension. Act March 3, 1899 121-122 In District of Columbia regulated. Act May 13, 1896 57 286 INDEX. MARRIAGE Continued. Page. In Territories of United States, proof as to. Act February 19, 1887 55 Of colored persons and Indians, evidence required. Section 4705 56 Of widow, mother, or sister, terminates pension. Section 4708 and act June 27, 1890 56,61 Proof must be according to lex loci. Act August 7, 1882 54 Subsequent to June 27, 1890, bars title of widow under act June 27, 1890. 63 Subsequent to act March 3, 1899, conditions necessary to give title to pen- sion 122 MASTER: Steam vessels when drafted in time of war for duties such as required by his license, have pensionable status. Act May 28, 1896 152 Serving on gunboat, have pensionable status under the general law. Sec- tion 4693 5 MATE: Of steam vessels when drafted in time of war for duties such as required by his license, has pensionable status. Act May 28, 1896 152 MEDICAL EXAMINATIONS: Biennial, repealed. Act June 21, 1879. 45 Rate of examining surgeon to be given in report. Acts March 2, 1895, March 6, 1896 94, 96 Special, ordered by Commissioner. Act June 21, 1879 45, 82-83 See also Surgeons. MEDICAL REFEREE: Appointment and duties of. Section 4776 83 Salary. Act April 28, 1902 258 MEXICAN WAR: Charge of desertion standing against those who served in, may be removed. Acts March 2, 1889, July 27, 1892, and March 2, 1895 41, 45 Declaration for pension on account of service in. (See Blank forms.) Disloyalty not a bar to pension for service in. Act January 29, 1887 75 False oath made in claims for benefits of survivors' act may cause name to be stricken from rolls 74 Gray's battalion, Arkansas Volunteers, pension for service in. Act Feb- ruary 5, 1897 76 Increase of pension to survivors of. Act April 23, 1900 252 Increase of pension in certain claims. Act January 5, 1893 76 Loss of discharge certificate, not a bar to pension. Act January 29, 1887. 74 Political disability operating under Act January 29, 1887, against surviv- ors of, removed. Act June 6, 1898 76 Powell's battalion, Missouri Mounted Volunteers, pension for service in, to survivors and widows. Act March 3, 1891 75, 251 Regulars or volunteers disabled in, pension benefits extended, rate. Sec- tion 4730 73 Rules and regulations as to applications for pension 177 Widows and minor children of regulars or volunteers disabled in, have pensionable right. Section 4731 . . 73 Widows of survivors, pension for. Act January 29, 1887 75 MILITIA: Members of, under orders of officer of United States, have pensionable status 5-6 Missouri, disabled in service and line of duty. Section 4722 6 Missouri, State and provisional, title under act June 27, 1890. Act Feb- ruary 15, 1895 63 INDEX. 287 Continued. When in the service of the United States, same footing as to pay, allow- ances, and pension as in Regular Army. Act April 22, 1898 .......... 101 MINOR: Soldier, when not entitled to bounty or pay. Act March 2, 1891 ........ 44 MINOR CHILDREN: Commencement of pension to. (See Commencement of Pension.) Declarations of, for pension. (See Blank forms.) Deserted by father, who is a pensioner, gives title to one-half of father's pension. Act March 3, 1899 ...................................... 120-121 Embezzlement or fraudulent conversion of funds by guardian a misde- meanor, penalty for. Section 4783 and act February 10, 1891 ......... 138 Entitled to the $2 additional pension when widow's right ceases by death or remarriage. Section 4703 ........................................ 52-53 Entitled to benefits accruing to deceased soldier on removal of charge of desertion. Section 8, act March 2, 1889 .............................. 44 Half pay to (ante-rebellion wars). Sections 4725, 4726, 4727 ............ 57-58 Increased rate to. Act March 19, 1886 ................................ 55 Insane and permanently helpless, pension benefits to. Act June 27, 1890. 61-62 Legitimacy of. Section 4704 .......................................... 56 Limitation in arrears, claims not operative against. Act March 3, 1879.. 34 Maintained at public or private expense does not vitiate right to the $2 increase of pension. Section 4703 ................................... 52-53 Of colored and Indian soldiers, legitimacy of. Section 4705 ............. 56 Of regulars or volunteers engaged in war with Mexico, their pensionable status. Section 4732 ............................................... 65 Of officers and privates, Missouri State militia, pensions for. Section 4722. 6 Of officers, noncommissioned or petty, of the Navy. Act June 9, 1880... 12 Of officers and soldiers, where death resulted from service, pensionable status. Sections 4702, 4703 ......................................... 52-53 Of officers and soldiers where death was not result of military service, their pensionable status. Act June 27, 1890 ......................... Of officers, seamen, and sailors disabled prior to March 4, 1861. Section 4729 ............................................................... Of Missouri State and provisional troops, benefits of act June 27, 1890, extended to. Act February 15, 1895 ................... '. ............ Of insane pensioner may be paid their father's pension. Act August 8, 1882 .................................... J ........................ 114-115 Of those lost on steamer Jeannette, provisions for relief of. Act January 3,1887 ............................................................. 151 Of those lost on steamer Ashuelot, provisions for relief of. Act January 29,1887 ........................................................... J51 Of soldiers murdered at Centralia, Mo., have pensionable status. Act March 3, 1875 ...................................................... 149 Payment of pension to guardian of. Section 4703 ...................... 52-53 Prohibition against, Revolutionary claims. Section 4742 ................ 69 Regulations as to applications for ...................................... 172 Right and title under the general law, rate and determination of pension. Act August 7, 1882 ................................................. 53-54 Rights where a widow is an unsuitable person by reason of immoral con- duct. Section 4706 ....................... . ......................... 79 Rights where widow forfeits pension by remarriage, then applies for restoration on renewed widowhood. Act March 3, 1901 . . ........... 255 Who are entitled under the general law. Section 4702 .................. 42 62 8 63 288 INDEX. MISSOURI: Page. Home Guard, certificate of discharge to be issued to certain members of. Act May 15, 1886 ................................................... 150 Militia; disability contracted in service and line of duty, pension for. Section 4722 ........................................................ 6 Mounted volunteers, Powell's battalion, Mexican war survivors, and widows entitled to pension. Act March 3, 1891 ...................... 75 State militia, widows or children of those whose death occurred by reason of service performed in, entitled to pension. Section 4722 ............ 6 State and provisional troops, benefits of act June 27, 1890, extended to. Act February 15, 1895 .............................................. 63 MISSOURI HOME GUARDS. (See Missouri. ) MISSOURI MILITIA. (#ee Missouri.) MISSOURI STATE MILITIA. (See Missouri.) MONTANA: Citizens of, war with Nez Perce Indians, relief granted to. Act March 3, 1881 ............................................................... 150 MOTHER: Dependent, remarriage of, terminates pension. Section 4708 ............ 56 Title of. Section 4707 ................................................ 59 Cinder act June 27, 1890 ................ .......................... 61 See also Dependent relatives. MUSTER: Irregular, does not deprive of pensionable rights under the general law. Section 4693 ........................................................ 5 Officers and enlisted men in volunteer forces, provisions for. Acts June 3, 1884, February 3, 1887, and February 24, 1897 ............... 46-47, 50-51 NATIONAL HOMES FOR DISABLED VOLUNTEERS: Accrued pension due inmates of, to be paid pensioner on discharge or to heirs on death. Act February 26, 1881 .............................. 113 Inmates of, may be admitted to Government Hospital for the Insane. Act August 7, .1882 ................................................. 114 Pension due inmates of, to be paid to treasurers, etc. Acts February 26, 1881 , and August 7, 1882 .......................................... 113-114 One-half of pension due inmates to be paid wife or minor child, etc., during residence therein. Act March 3, 1899 ........................ 121 The Commissioner of Pensions to advise treasurers of, as to necessitous circumstances, moral character, etc., of wife of pensioner inmate. Act , March 3, 1899 ...................................................... I '-'2 NATIONAL SOLDIERS' HOME, WASHINGTON, D. C. : Accrued pension in hands of treasurer of, to be paid pensioner on discharge from Home, or to his heirs on death, provided. Act March 3, 1883 ____ 116 Payment of pension to inmates of, to be made to treasurer of, in trust for pensioner, who can allot portion of pension to be paid to wife, child, etc. Act March 3, 1883 ....................................... . ..... 115 NAVAL ASYLUM, PHILADELPHIA: In lieu of home in, those entitled may have pension from naval pension fund. Section 4756 ...................................... .......... 10 NAVAL HOME, PHILADELPHIA: Pension of inmates of, to be paid to Secretary of Navy. Act May 4, 1898. 251 INDEX. 289 (NAVY: Page . Certificate of discharge to be issued on removal of charge of desertion standing against those who served in, in war of rebellion. Section 4, act Atigust 14, 1888 14 Charge of desertion standing against officers or persons serving in, to be removed. Acts August 14, 1888, and May 24, 1900 12-14, 254 Enlistment in, without discharge from, prior service, effect of. Act August 14, 1888 13 Honorable discharge from, and reenlistment, bounty pay for. Section 1573 and act June 11, 1896 15 Honorable discharge from, to whom granted. Section 1426 14 Maine, U. S. S., relief for survivors and relatives of those lost on. Act March 30, 1898 103-104 Officers of, on retired list not pensionable. Acts August 29, 1890, and March 3, 1891 37, 90 Officers or persons serving in, or their widows and minor children, pen- sion to be restored to in certain cases. Act June 9, 1880 12 Pension to Certain officers in, equalizing. Act March 3, 1877 12 Lieutenant-commanders in, same as provided for lieutenants com- manding. Section 4695, as amended by act June 18, 1878 23 Officers, seamen, and sailors, and others serving in, disabled prior to March 4, 1861. Section 4728 7 Widows and minors of officers, seamen, and other persons serving in, disabled prior to March 4, 1861. Section 4729 8 Period of six months' service in, necessary to give title under act August 14, 1888, removing charge of desertion 12-14 Persons in, not to draw pay and pension, except. Section 4724 37 Persons on active or retired list of, not pensionable. Act March 3, 1891. . 90 Reenlistments in, bounty pay for. Section 1573 15 Revenue cutters to cooperate with. Section 2757 7 Secretary of, to be trustee of Navy-pension fund. Section 4750 8 Secretary of, to be trustee privateer pension fund. Section 4758 10 Ten years' service in, entitles disabled persons to receive aid. Section 4757 10 Twenty years' service in, entitles disabled persons to half pay of rating in lieu of home in Naval Asylum. Section 4756 10 IAVY PENSIONS: Payment of, from Navy-pension fund. Section 4755, act March 2, 1895.. 10,93 Rules and regulations relative to Navy service pensions 177 IAVY-PENSION FUND: Applications for benefits from, made to Secretary of Navy. Paragraph 5. 177 Commencement of pension, from date of filing. Paragraph 5 177 Investment of. Section 4753 9 Navy pensions to be paid from. Section 4755 10 No payment to be made from, except upon appropriation authorized by Congress. Section 4755 10 Penalties, how to be sued for. Section 4751 8 Prize money to be part of. Section 4752 9 Provisions for granting pensions out of. Section 4756 10 TEZ PERCES INDIAN WAR: Citizens of Montana serving in, and their heirs, have pensionable status. Act March 3, 1881 150 532302 19 290 INDEX. NONRESIDENTS: Page, i No payments to, limitation. Act March 1 , 1893 92 , Limitation against paying pension to, removed. Act March 2, 1895 93 NOTARY PUBLIC: Official character of, when executing pension papers, how shown. Act July 26, 1892 107 See also Oaths. NOTICE: Pension not to be reduced or withdrawn without. Act June 21, 1879 45-46 Pension not to be withheld or suspended until after. Act December 21, 1893 80 NURSES: Declarations of. (See Blank forms.) Pension, title to and rate of. Act August 5, 1892 64 O. OATHS: Administered by Chief clerks of Executive Departments in certain cases. Act August 29, 1890 108 Clerks detailed by Commissioner to make special investigations. Sec- tions 474 and 4744, as amended by act July 25, 1882 84, 147 Officers of the United States, free of charge to pension vouchers. Act June 7, 1888 54 Officers and others in Cuba and Porto Rico, authentication of acts, how shown 109 ( Special examiners in the exercise of their official duties. Section 3, act March 3, 1891 91 United States circuit court commissioners have same force and effect as if taken before justice of the peace. Section 1778 105 Commitment of perjury or subornation of perjury in connection with pen- sion papers, penalty for. Sections 5392 and 5393 137, 1 38 In execution of Declaration, before whom taken. Section 4714 and acts September 1, 1890, and July 26, 1892 . 105-108J Pension vouchers, fourth-class postmasters have authority to act. Act August 23, 1894 108 ; Any and all pension papers, before whom made. Act July 26, 1892. . 107] Of allegiance To be taken by agents and attorneys, etc., by whom administered. Section 3479 To be taken by attorneys, form of. Section 3478 Officers and clerks in Executive Departments who are notaries not allowed to charge fee for administering in certain cases. Act August29, 1890 108 ; To support the Constitution of the United States, Indians not required totake. Section4721 36 OFFICERS: Before whom pension papers may be executed. Act July 26, 1892 107; Arrears due, payable to heirs or legal representatives. Act June 3, 1884. 47 In volunteer service, war of the rebellion, receiving a commission, to be considered of the grade named therein from date of commission, pro- vided. Acts June 3, 1884, and February 3, 1887 46-48, 50, 52 INDEX. 291 OFFICERS Continued. . Page. In volunteer service, war of the rebellion, if prisoners of war or in hospi- tal, to have benefits entitled by commission, though not mustered, exception. Acts June 3, 1884, and February 3, 1887 46-48, 50-51 Of Army, Navy, or Marine Corps, regulars, volunteers, or militia have pensionable status under the general law, provided. Section 4693 5 Of Navy, disabled prior to March 4, 1861, pensions to. Section 4728 7 Of revenue cutters, disabled while cooperating with the Navy, pensions to. Section 4741 8 Of United States Government Personation of. (See Crimes and offenses. ) Bribery of, to influence action. (See Crimes and offenses. ) Not to act as agents or attorneys, etc. Section 5498 143 Of vessels having letters of marque and reprisal, to keep journal record of disability incurred by crew. Section 4762 11 On retired or active list of Army, Navy, or Marine Corps not pensionable. Acts August 20, 1890, and March 3, 1891 37, 90, 108 Or officials of the United States Government prohibited from receiving compensation, etc., for services in matters against the United States. Section 1782 134 (OFFICIAL CHARACTER: % Of executing officer, how shown. Act July 26, 1892 107 In Cuba and Porto Rico, how shown 109 I ORIGINAL PAPERS: Copies of, when furnished, instructions as to securing 175 I ORPHANS: Of persons killed in service on vessels bearing commission, letters of marque or reprisal, support and maintenance of. Section 4759 10, 11 I OVERPAYMENT: To widow, when deducted out of minor's pension. Section 4702, as amended by act August 7, 1882 53 Pensions when not to be withheld to meet. Section 4734 82 P. PAY AND BOUNTY: Allowed on removal of charge of desertion standing on records of the Adjutant-General against certain soldiers of the war of the rebellion and Mexican war. Acts May 17, 1886, March 2, 1889, March 2, 1891, July 27, 1892, and March 2, 1895 40-45 Allowed on removal of charges of desertion standing on the records of certain appointed and enlisted men of the Navy and Marine Corps in the war of the rebellion. Act August 14, 1888 12-14 Allowed to officers and enlisted men of the Volunteer Army of the war of the rebellion, or their heirs, where such officers and enlisted men were mustered as provided by acts June 3, 1884, February 3, 1887, and Feb- ruary 24, 1897 46-51 Minor soldier, when not entitled to. Act March 2, 1891 44 PAYMENT: Affidavits relative to, certification of, by pension agents, required under t section 4784, abolished by act March 23, 1896. 119 Checks drawn and mailed by pension agents to constitute, in certain cases. Act June 30, 1890 87 Of duplicate checks lost or stolen. Act February 16, 1885 120 292 INDEX. PAYMENT Continued. . p age . Of foreign pensions, power of attorney not recognized in. Act March 14, 1898 98-99 Of pension by pension agent. Act March 3, 1891 91,111 Of pension to Nonresidents, prohibition of act March 1, 1893, removed by act March 2, 1895 92, 93 Persons entitled only. Section 4766, as amended by act August 8, 1882 112-114 Persons in foreign countries and those under legal disabilities. Sec- tion 4766, as amended by act March 3, 1899 112, 121 Inmates of National Soldiers' Homes. Acts March 3, 1883, and March 3,1899 115,121 Inmates of National Homes for Disabled Volunteer Soldiers. Acts August 7, 1882, and March 3, 1899 113, 121 Inmates of State and Territorial Homes. Acts March 3, 1893, and March 3, 1899 49, 121 Inmates of Government Hospital for the Insane. Act August 7, 1882. 119 Insane pensioners. Act August 8, 1882 114-115 Funds to be used in; items to be separately kept. Act March 2, 1895 93 See also appropriation acts. PENALTIES AND FORFEITURES: In pension fund cases, how sued for. Section 4751 8 PENALTY FOR: Accepting bribes or attempting to bribe a United States officer, etc. Sections 5101, 5451 142-143 Aiding in forging or counterfeiting United States securities, affidavits, etc. 139-140 Having forged papers in possession. Section 5422 140 Conspiring against the United States. Section 5440 142 Demanding fee in prosecution of nurses' claims. Act August 5, 1892 64 Demanding or receiving or contracting for, directly or indirectly, excess fee in increase or special-act claims. Act March 3, 1891 129 Demanding or receiving excess fees or compensation by agents or attor- neys, etc. Section 4, Act July 4, 1884 128 Embezzlement or stealing public property, etc. Act March 3, 1875 146 Embezzlement of pension fund by guardian. Sections 4783 and 5486, as amended by act February 10, 1891 I :>8 Falsely personating an officer or employee of the United States Govern- ment. Act April 18, 1884 144 False oath in claims under Mexican war survivors act 75 False oath in claims under Indian war survivors act 72 False personation of persons entitled to pension. Section 5435 141J Forging or counterfeiting United States securities, affidavits, etc. Sec- tions 5421, 5479, 5414, 5418 139, 140 Making or causing to be made and presented false claims against the United States. Section 5438 141 Making false certificate to pension vouchers. Act July 7, 1898 147-1481 Making or presenting false and fraudulent affidavits or other papers relat- ing to pension. Section 4746, as amended by act July 7, 1898 147-148: Pledging or transferring pension. Section 4745, as amended by act Feb- ruary 28, 1883 137 Postdating pension vouchers. Section 4746, as amended by act July 7, 1898.. 147 INDEX. 293 PENALTY FOR Continued. Page. Receiving compensation, directly or indirectly, by officers or officials of the United States for services rendered. Section 1 782 134 Receiving stolen public property. Act March 3, 1875 146 Retaining or refusing to deliver up soldier's discharge paper, etc. Act May 21, 1872 144 Retention of pension certificate. Section 4745, as amended by act Febru- ary 28, 1883 137 Taking illegal fees in increase claims. Act March 3, 1891 90 Uttering or publishing forged or altered papers, etc. Sections 5418 and 5421 139 Violating act relating to fees or compensation of agents or attorneys. Sec- tion 4, act July 4, 1884 1 28 Violating the provisions of section 5498, prohibiting any person employed under the United States Government acting as agent, attorney, etc 143 Wrongfully withholding pension. Section 4, act June 27, 1890 62 Withholding pension money or bounty-land warrants by attorneys, etc. Section 4, act July 4, 1884 128 PENSIONS: Accrued Due on death of pensioner, disposition of fund. Section 4718; acts March 1, 1889, and March 2, 1895 77-78 Of those who die while inmates of National Homes. Acts February 26, 1881, and March 3, 1883 113,116 Of those who die while inmates of the Government Hospital for the Insane, disposition of. Act August 7, 1882 120 Allowed to certain soldiers and sailors, those disloyal to the United States. Act August 1, 1892 : 49 Appropriation for invalids, widows, etc., amounts to be accounted for separately. (See Appropriation acts.) Arrears of. (See Arrears.) Basic law, who entitled to. Sections 4692, 4693 5 Certificate of Forwarded to pension agent. Section 4768 124 Retention by agents, attorneys, etc., penalty for. Act February 28, 1883 137 Its issuance and subsequent death of pensioner named before pay- ment, disposition of fund. Act June 30, 1890 87-88 Commissioner of. (See Commissioner of Pensions.) Considered a vested right in grantee, payment not to be withheld or sus- pended except. Act December 21, 1893 80 Continuance and increase of, under the general law. Section 4733 82 Declarations for. (See Blank forms.) Division made in certain cases, to whom paid. Act March 3, 1899 (see also Diversion and division of pensions) 121 Dropping of name from pension rolls, laws relating to 78-80 Equalization of those granted by special acts. Act June 6, 1874 149 Execution of papers in claims for 105-109 For disabled enlisted persons serving twenty years in Navy or Marine Corps. Section 4756 10 For disabled persons serving not less than ten years in Navy or Marine Corps. Section4757 ^ 10 For disabilities equivalent to loss of hand or foot. Act March 3, 1883 19 For disability contracted in the service and line of duty. Section 4692 . . 5 294 INDEX. PENSIONS Continued. Page. For service in Marine Corps. (See Marine Corps.) Missouri State Militia. (See Missouri.) Wars of the Revolution, 1812, and various Indian wars, laws granting. 65-72 War of the rebellion. Act June 27, 1890 61-62 Granted to ex-Confederate parents for sons' service in Spanish war. Act April 18, 1900 252 Granted to widows, children, etc., of soldiers murdered at Centralia, Mo. Act March 3, 1875 149 Granted by special acts, no attorneys, fees for introducing and passage allowable. Act March 10, 1902 256 Half-pay rates to widows and minors (anterebellion wars). Sections 4725,4726,4727 57,58 Increase of. (See Increase of pensions.) Minors of soldiers. (See Minor children.) Laws- Granting to dependent relatives. Section 4707, act June 27, 1890 59-61 Granting to widows and minor children 52-63 Granting for service in Navy and Revenue Marine 7-15 Granting arrears of 32-33 Miscellaneous, relating to invalid claims 35-51 Relating to rate and commencement of invalid 22-27 Relating to increase of invalid 16-21 Relating to pension agents and payment of pensions 110-122 4 Relating to agents and attorneys 123-133 Relating to violation of pension statutes 134 Loyalty, a prerequisite to title. Section 4716 81 (For repeal of section, see Disloyalty.) Navy, to be paid out of naval pension fund. Section 4755, act March 14, 1898 (see also Navy pension fund) 99 Not allowed during period of nondependence. Section 4707 and act June 27,1890 59,61 Not allowed during period of cessation of disability. Section 4692 and act June 27, 1890 5,61 Not liable to be applied toward liquidation of debt due the Government. Section 4734 82 Not liable to attachment, levy, or seizure. Section 4747 82 Not payable to persons on active or retired list of Army, Navy, or Marine Corps. Act March 3, 1891 90 Not payable on power of attorney. Act March 14, 1898 99 Not to be pledged, mortgaged, sold, assigned, or transferred. Section 4745, as amended by section 2, act February 28, 1883 137 Not to be withheld to offset arrears to United States. Section 4734 82 Of certain officers in the Navy equalized. Act March 3, 1877 12 Of inmates of National, State, and Territorial Homes, disposition of. Act March 3, 1899 121 Of inmates of Naval Home, Philadelphia, and naval hospitals, disposition of. Act May 4, 1898 251 Of insane pensioners, disposition of. Act August 8, 1882 115 Of privateersmen, payable from privateer pension fund. Section 4761 (see also Privateer pension fund) 11 Of permanently helpless or insane children. Act June 27, 1890 62 INDEX. 295 PENSIONS Continued. Page. Of pensioners who desert their families, disposition of. Act March 3, 1899 121-122 Of officers and seamen disabled prior to March 4, 1861, entitled to 7 Of officers and seamen of revenue cutters, entitled to. Section 4741 8 Only one to be paid for same period. Section 4715 36 See also section 5, act July 25, 1882 86 Overpayment of, to widows when deducted out of minors' pension. Sec- tion 4702, as amended by act August 7, 1882 53 Payment of What constitutes. Act March 2, 1895 ... 77-78 To be made quarterly by check. Section 4764 110 Where pensioner dies subsequent to issuance of check. Act March 1, 1889 112 To inmates of State, Territorial, and National Soldiers' Homes. Act March 3, 1899 121-122 Inmates of Government Hospital for the Insane. Act March 3, 1883. 115 To Indians, regulations as to. Section 4766, as amended by act of August 8, 1882 114-115 Pledge or transfer of, void ; penalty for. Section 4745 136 Rates of Anterebellion pensions. Section 4612 26 Dependent relatives, general law. Section 4707 and act March 19, 1886 55 Dependent relatives. Act June 27, 1890 61 Governed by rank, claims under the general law. Section 4696 23 Invalids, general law. Section 4695 22 Invalids. Act June 27, 1890 61-62 Minimum to invalids. Act March 2, 1895 (see also Table of rates) 94 Nonspecific disabilities, $18, division of. Section 4699 26 To army nurses. Act August 5, 1892 64 To Mexican war invalids. Section 4730 73 To Mexican war widows. Section 4731 73 To Navy widows, for service prior to March 4, 1861. Section 4729. . . 8 To soldiers who enlisted as slaves. Section 4723 6 To soldiers and sailors war of 1812. Section 4737 66 To survivors, or their widows, of Indian wars. Acts July 27, 1892, and June 27, 1902 71,260 To survivors, or their widows, of the Mexican war. Act January 29, 1887 74 To widows and minors, general law. Section 4702 and act March 19, 1886 55 To widows and minors. Acts June 27, 1890, and May 9, 1900 161, 253 Rating to be given by examining surgeons in their reports. Act March 2, 1895 94 Reduction of, not to be made except upon notice to pensioner. Section 3, act June 21, 1879 45 Regulations for guidance of claimants making application for 169-180 Regulations as to payment of attorneys' fees. Act July 4, 1884 125-128 Renewal of, how to apply for 171 Restoration of, under section 4719, how to apply for 79 Restoration of, on renewed widowhood. Act March 3, 1901 255 296 INDEX. PENSIONS Continued. Page. Retained from inmates of State or Territorial homes to be taken from Gov- ernment aid given to. Act March 3, 1893 49 Right to, on removal of charge of desertion. Act March 2, 1889 44 Right to, forfeited by desertion from the Army. Act April 26, 1898 251 Spanish war tax stamps not required on papers filed in claims for. Act June 13, 1898 252 Terms on which granted under the general law. Section 4692 5 To slaves who were enlisted in the Army. Section 4723 6 Terminated by Cessation of pensionable disability. Section 4692 and act June 27, 1890 5, 61 Cessation of pensionable dependence. Section 4707 and act June 27, 1890 59,61 Failure to claim for three years presumptive evidence of legal ending. Section 4719 79 Minors attaining 16 years of age, except. Section 4702, as amended by act August 7, 1882, and June 27, 1890 53, 61 Notorious adultery of widow pensioner. Act August 7, 1882 53, 54 Remarriage of widow, dependent mother, or sister. Section 4708 56 To officers and privates, Missouri State Provisional Troops, under provisions of act of February 15, 1895 63 To regulars and volunteers, the same. Act April 22, 1898 101 To survivors of the war of 1812. Sections 4730, 4737 65, 66 To survivors or widows of Indian wars. Acts July 27, 1892, and June 27, 1902 71,260 To survivors or their widows of the Mexican war. Act January 29, 1887. 74 To widows. (See Widows. ) Under special acts. (See Special acts. ) Unclaimed for three years, disposition of. Section 4719 79 Vouchers for, postdating of, prohibited. Section 4746, as amended by act of July 7, 1898 147 When allowed to persons on the military or naval pay roll of the United States. Section 4724 37 Withholding of, by attorneys, penalty for. Section 4, act July 4, 1884. . . 128 PENSION AGENCIES: Establishment of. Section 4780 118 Commissioner of Pensions to inspect. Act August 8, 1882 115 Salary, clerk hire, etc. . Act March 10, 1902. (See also other appropria- tion acts) 256 To be arranged in three groups. Act March 3, 1891 91, 111 PENSION AGENTS: Appointment of, and term of office. Section 4778 117 Authority to certify affidavits in payment of pension without fee granted by section 4784, abolished. Act of March 23, 1896 119 Bond of. Section 4779 118 Checks drawn by, and mailed to constitute payment. Act March 1, 1889, and June 30, 1890 87, 112 Compensation, salary of. Acts June 14, 1878 (repealing sections 4781, 4782), and March 10, 1902 118,256 Fees for preparation of vouchers. Act March 3, 1885 86-87 Provision in case of vacancy in office of. Act March 8, 1878 117 Regulations for payment of pension by. Section 2, act March 3, 1891 91 INDEX. 297 PENSION AGENTS Continued. Page. To be satisfied as to identity of pensioner before check drawn. Section 4765 Ill To draw checks to order of Commissioner. Section 4765 Ill Vouchers Blank forms to be furnished by Secretary of the Interor. Section 4767 . 116 Before whom made and how verified. Acts June 7, 1888, September 1, 1890, and August 23, 1894 '. 106,108 Quarterly, to be sent to pensioners by. Section 4764 '. . 110 PENSIONERS: Biennial examination of, laws requiring, repealed. Act June 21, 1879 ... 45 Continuance of pension to certain. Section 4733 82 Deprived of pension owing to employment in civil branch of Government reimbursed. Act March 1, 1879 48 Deserting family, disposition of their pension. Act March 3, 1899 121 Dropping of name from pension roll, laws governing 79-80 Entitled to only one pension for same period. Section 4715 36 Inmates of Soldiers' Homes, State or Territorial, disposition of their pen- sion. Acts August 7, 1882, and March 3, 1899 114, 121 Nonresident, no payment to, when. Act March 1, 1 893 92 Nonresident, no payment to, repealed. Act March 2, 1895 93 Pension due at date of death of, payable to legal representatives. Act March 1 , 1889 112 Rights in cases suspended or withheld by the Commissioner. Act Decem- ber 21, 1893 80 To be paid in checks drawn to their order, except. Section 4765, and act Augusts, 1882 111,115 Who become insane, disposition of their pension. Act August 8, 1882. 114, 115 Who become inmates of Government Hospital for the Insane, disposition of their pension. Act March 3, 1883 115 Who become inmates of Naval Asylum, Philadelphia, or naval hospitals, disposition of their pension. Act May 4, 1898 251 PENSION NOTARIES: When to be appointed. Section 4714 105 PENSION OFFICE: Per diem not allowed to special examiners in District of Columbia. Act May 28, 1896 98 Salaries of officials, clerks, etc. Acts May 28, 1896, and April 28, 1902. . 97-98, 258 PERJURY: And subornation of perjury, the commitment of, penalty. Sections 5392, 5393 138,139. In claims under act July 27, 1892, effect of - 72 In claims under act January 29, 1887, effect of 75 See also Crimes and offenses. PERMANENTLY HELPLESS CHILD: Declaration for pension on account of. (See Blank forms. ) Deserted by father, one-half pension payable to guardian. Act March 3, 1899 121 Pensionable status of. . Section 3, act June 27, 1890 62 PERMANENT SPECIFIC DISABILITIES: Rate and commencement of pension for, subsequent to June 4, 1872. Sec- tion 4698 25 See also Table of rates. 298 INDEX. PERSONAL AID AND ATTENDANCE: Page. Regular. Act March 4, 1890 19 Frequent and periodical. Act July 14, 1892 27 See also Totally helpless, Specific disabilities, and Table of rates. PILOTS: Of steam vessels when drafted in time of war for duty such as required by their license, have pensionable status. Act May 28, 1896 152 Pension for. Section 4693 5 PLEDGE: Or transfer of pension void, penalty for. Act February 23, 1883 127 POLITICAL DISABILITY: Fourteenth amendment, United States Constitution, removed. Act June 6, 1898 251 PORTO Rico: Papers executed in, how authenticated 109 POSTAGE: Amount permissible to be collected by attorneys, etc. Commissioner's order May 26, 1891 129 Prohibition against refusal of attorneys, etc. , to prosecute for nonpayment of. Commissioner's order May 26, 1891 129 POSTMASTERS: Fourth-class, authorized to execute pension vouchers. Act August 23, 1894 108 POWELL'S BATTALION: Missouri Militia, pension for service in Mexican war. Act Mf.rch 3, 1891 . 75 POWER OF ATTORNEY: Not recognized in payment of pensions to pensioners residing in foreign countries. Act August 14, 1898 99 See also Agents and attorneys. PRESUMPTION: Of death, absence of seven years. Act March 13, 1896 96 Of legal termination of pension, failure to draw pension for three years. Section 4719 79 Of soundness at enlistment. Act March 3, 1885 86 PRIOR SOUNDNESS: Presumed at time of enlistment, but Act March 3, 1885 86 PRISONERS OF WAR: Pay and bounty and commission to. Acts June 3, 1884, February 3, 1887, and February 24, 1897 47,48,50,51 PHI V ATEERSMEN : Entitled to aid from privateer pension fund. Section 4761 11 Injuries received by, to be made a matter of record. Section 4762 11 PRIVATEER PENSION FUND: Derived under section 4759, to be paid into the Treasury of the United States. Section 4760 11 Secretary of Navy trustee for. Section 4759 ; 10, 11 PRIZE MONEY: Accruing to United States to remain a fund for pensions. Section 4752.. 9 PROHIBITION AGAINST: Officers or officials of United States Government receiving compensation, etc. Section 1 782 1 34 Persons employed in the Government in any capacity acting as agents, attorneys, etc., in claims against United States. Section 5498 143 Persons formerly in departments acting as attorneys. Section 190 123 INDEX. 299 PROHIBITION AGAINST Continued. i-a^'. Persons demanding fees for prosecuting pension claims. Section 4785. . . 124 Refusal of attorneys, etc., to prosecute claims for nonpayment < f postage by applicants. Commissioner's order May 26, 1891 ................... 129 PROVISIONAL MISSOURI MILITIA: Have pensionable status under act June 27, 1890. Act February 15, 1895 (see also Missouri) .................................................. 63 PROVOST-MARSHALS AND DEPUTIES: Pension for. Section 4693 ............................................ 6 Rate of pension to, for total disability. Section 4695 ................... 22 PUBLICATION: Authority for, pamphlet of laws. Section 4748 ......................... 2 QUARTERMASTER-GENERAL UNITED STATES ARMY: To furnish transportation to applicants for artificial limbs. Act August 15,1876 ............................................................ 153 R. RANK: Held at time of contracting disability determines rate of pension. Sec- tions 4695, 4696 .............................. ...................... 22-23 How determined. Acts June 3, 1884, February 3, 1887 ................. 46-48 Not considered in claims under act June 27, 1890 ....................... 61-62 RATES: For arrears of pension. Act March 3, 1879 ............................. 34 For disabilities, specific, fixed by law .................................. 28-29 For disabilities fixed by office rulings ..................... ." ............ 29-31 Of pension under the general law according to rank held at time of con- tracting disabilities. Sections 4695, 4696 ............................. 22, 23 Table of ............................................................. 28-31 REENLISTMENT: In Navy carries bounty pay. Act June 1 1 , 1896 ........................ 15 REGULAR AID AND ATTENDANCE. (See Totally helpless and Table of rates.) REGULATIONS: As to practice before Bureau of Pensions ............................. 162-166 Governing the recognition of agents, attorneys, etc., prescribed by Secre- tary of the Interior ............................................... 130-133 Governing the division of an invalid pension. Act March 3, 1899 ..... 121-122 Relating to Army and Navy pensions, for guidance of claimants and attorneys ........................................................ 169-180 REMARRIAGE: Of widow, dependent mother, dependent sister, terminates pension. Sec- tion 4708 and amendment, act March 3, 1901 ........................ 56, 255 REMOVAL OF CHARGE OF DESERTION. (See Desertion. ) REPORTS OF: Examining surgeons open to inspection of claimants or their attorneys. Act July 1 8, 1 894 ................................................... 93 Examining surgeons to state ratings and description of all disabilities. Act March 10, 1902 ................................................. 256 Special examiners open to inspection and copy by claimants, attorneys, etc. Act March 10, 1902 ............................................ 256 RESIDENCE: In Territories, period of, requisite to divorce. Act May 25, 1896 ......... 57 300 INDEX. RESTORATION: rage. Of pensions of certain persons whose claims accrued prior to March 4, 1861, and their widows and minors. Act June 9, 1880 12 Of certain pensioners who were stricken from the rolls on account of the rebellion. Act March 9, 1878 68 To pension rolls owing to dropping for failure to claim, requirements. Section 4719 79 To pension rolls, on renewed widowhood. Act March 3, 1901 255 RETIRED LIST: Commissioned or noncommissioned officers or privates of the Army, Navy, or Marine Corps on, not entitled to pension. Acts August 29, 1890, and March 3, 1891 37, 90, 108 REVENUE CUTTERS: Cooperating with the Navy, under direction of the Secretary of the Navy. Section 2757 7 Officers and seamen of, wounded or disabled while in line of duty coop- erating with Navy, entitled to pension. Section 4741 8 REVOLUTIONARY WAR: Evidence necessary to establish claims for pension on account of service in. Section 4743 69 Information for applicants in claims based on service in 176 Title txxpension on account of service in. Section 4742 69 Widow of soldier of, entitled to what rate of pension. Section 4712, and section 6, act March 9, 1878 26,69 RULES OF PRACTICE: Before Secretary of the Interior _ 159-162 Before Commissioner of Pensions, as to attorneys 162-166 8. SAILORS: And soldiers, though disloyal to United States, pensioned in certain cases. Act August 1, 1892 .. 49 In Navy or Marine Corps, whether regularly mustered or not, their title to pension under the general laws. Section 4693 5 In Navy or Marine Corps, serving twenty years have statu*s for admission to Naval Asylum, Philadelphia. Section 4756 10 In Navy or Marine Corps becoming disabled on service of ten years may apply for aid from the Navy-pension fund. Section 4757 10 ST. ELIZABETH'S HOSPITAL FOR THE INSANE. (See Government Hospital for the Insane. ) SALARIES: Of Commissioner of Pensions. Section 470, and act August 5, 1882 3 Of deputy Commissioners of Pensions. Section 472, and act August 5, 1882 . 3, 4 Of officers of Bureau of Pensions. Act April 28, 1902 258 Of pension agents. Act March 10, 1902. (See also other appropriation acts.) 256 SEAMEN: Of Navy disabled prior to March 4, 1861, their pensionable status. Sec- tion 4728 7 Of revenue-cutters, disabled while cooperating with Navy have pensionable status. Section 4741 8 SECRETARY OF THE INTERIOR: Authorized to appoint medical referee and four examining surgeons for Pension Bureau. Section 4776 83 Authorized to arrange pension agencies in groups. Act March 3, 1891... 91 INDEX. 301 SECRETARY OF THE INTERIOR Continued. i-.mr. Commissioner of Pensions to be under direction of. Section 470 3 Directed to restore certain persons to the pension rolls. Section 5, act March 9, 1878 68 Has discretionary power in payment of certain claims for accrued pension. Act June 30, 1890 88 Regulations prescribed by, for recognition of agents, attorneys, etc 130-133 Rules of practice before, in appeal cases 159-162 To approve salaries and expenses of pension agents. Act June 30, 1890.. 87 To forward blank vouchers to pension agents. Section 4767 116 To prescribe rules and regulations In Indian war survivors' claims. Act July 27, 1892 71 In Mexican war survivors' claims. Act January 29, 1887 74 For pension agents to identify pensioners. Section 4765 Ill To provide regulations for inspection of medical and special examiners' reports. Act July 18, 1894 92-93 To provide suitable rooms in public buildings for pension agencies. Act June 30, 1890 8 To provide rules and regulations governing the practice of agents and attorneys, etc. Act July 4, 1884 125-128 SECRETARY OF NAVY: Application for half rating from navy pension fund made to. Section 4756. 10 Authorized to convene a board to examine applicants for aid from navy pension fund. Section 4757 10 To certify to the Commissioner of Pensions the names of those entitled from the navy pension fund under sections 4756, 4757 10 To decide claims for pension from privateer pension fund. Section 4763 . 12 Trustee of navy pension fund. Section 4750 8 Trustee of privateer pension fund. Section 4758 10 Transcript of journal of privateersmen to be transmitted to. Section 4763. 12 SECRETARY OF WAR: Applications for removal of charge of desertion standing against soldiers of war of rebellion and Mexican war to be made to 40-44 SECTIONS OF THE REVISED STATUTES: Sec. 186. Compelling testimony 145 190. Prohibition against former Executive Department employees . . 123 470. Commissioner of Pensions, appointment, salary 471. Commissioner of Pensions, duties 3 472. Deputy Commissioner, appointment, etc 473. Clerk to sign certificates, etc 474. Clerks to investigate frauds 147 1044. Statute of limitations 145 1045. Fleeing from justice 146 1046. Crimes under revenue laws 146 1176. Trusses, to whom furnished - 156 1177. Application for trusses 156 1178. Purchase of trusses.. 156 1426. Honorable discharges 1573. Bounty pay for reenlisted men 15 1656. Provisions for widows, etc., of those who die in the service 1657. Florida Indian war volunteers, benefits to 71 1778. United States Commissioners authorized to administer oaths.. 105 1782. Prohibition against officers, etc., of United States receiving compensation for services 134 302 INDEX. SECTIONS OF THE REVISED STATUTES Continued. Page. Sec. 2757. Revenue officers to cooperate with Navy 7 3478. Oath of allegiance 123 3479. Oath of allegiance, before whom taken 124 4692. Who may have pensions. 5 4693. Pension beneficiaries enumerated 5 4694. Pension for wounds received, etc. , in line of duty 35 4695. Rates of pension for total disability 22 4696. Pensions according to rank 23 4697. Pensions for permanent specific disabilities prior to June 4, 1872 24 4698. After June 4, 1872 25 4698. Increase of pensions 16 4699. Division of rate of $18 per month 26 4700. Absentees, line of duty 35 4701. Period of service, how construed 36 4702. Amended by act August 7, 1882, widows and minors, when en- titled....' 52,53 4703. Increased pensions to widows, etc 52 4704. Legitimacy of children 56 4705. Widows of colored and Indian soldiers, etc 56 4706. Abandonment, etc., by widow 79 4707. Dependent relatives, pensionable rights of 59 4708. Amended by act March 3, 1901, remarriage 56,255 4709, 4710. Repealed by acts of January 25 and March 3, 1879 32 471 1 . Arrears of pension 32 4712. Provisions of pension laws extended 26 4713. Commencement of anterebellion pensions 36 4714. Execution of declarations, etc 105 4715. One pension only for same period 36 4716. Loyalty, requisite to pension 81 4717. Repealed by section 3, act January 25, 1879 32 4718. Accrued pensions, reimbursements 77 4719. Unclaimed pensions, disposition of 79 4720. Pensions under special acts 80 4721. Indian claims 36 4722. Missouri militia, pensionable status 6 4723. Colored soldiers, slaves, pensionable status of 4724. Both pension and pay not allowable, unless 4725. Half pay to widows and children, laws prior to June 3, 1858 . . 57 4726. 4727. Half pay to widows and children 57 4728. Navy pensions 4729. Navy pensions to widows and children 4730. Mexican war soldiers pensioned 73 4731. Widows and children of Mexican war soldiers pensioned 73 4732. Widows and children of soldiers in war of 1812, Indian wars, etc. (>o 4733. Continuance of pension 82 4734. Pensions not to be withheld 82 4735. Widow not to receive pension for same period as husband 56 4736. Pensions to certain soldiers and sailors, war of 1812 65 4737. Rate of pension 66 4738. Pensions to surviving widows of officers, etc., war of 1812 66 4739. Proot required, names may be stricken from pension rolls .... 6(5 4740. Loss of discharge certificate no bar to pension, war of 1812 .... 66 INDEX. 303 SECTIONS OF THE REVISED STATUTES Continued. Page. See. 4741. Pensions to officers and seamen of revenue cutters 8 4742. Prohibition against certain Revolutionary claims 69 4743. Evidence required in claims of Revolutionary soldiers 69 4744. As amended by act of July 25, 1882, detailed clerks to investi- gate suspected attempts at fraud 135 4745. Any pledge or transfer of pension void 136 4746. Amended by act July 7, 1898. Penalty for false affidavit or postdating vouchers 137, 147 4747. Pension not liable to attachment 82 4748. Commissioner to furnish printed instructions free of charge ... 2 4749. Certain soldiers and sailors not to be deemed deserters 37 4750. Secretary of Navy trustee of naval pension fund 8 4751. Penalties and forfeitures, how to be sued for, etc 8 4752. Prize money accruing to the United States to remain a fund for pensions 9 4753. Navy pension fund, how to be invested 9 4754. Rate of interest on naval pension fund 9 4755. Naval pensions payable from fund 10 4756. Half pay of rating to disabled enlisted persons serving twenty years in Navy or Marine Corps 10 4757. Serving not less than ten years may receive what aid 10 4758. Secretary of Navy trustee privateer pension fund 10 4759. Privateer pension fund, how derived 10 4760. Amount to be paid into Treasury, privateer fund 11 4761. Wounded, etc., privateersmen to be placed on the pension list. 11 4762. Commanding officers of privateers to note names, etc., in a journal 11 4763. Transcript of journal to be transmitted to Secretary of Navy. . . 12 4764. Pension agents to send quarterly vouchers to each pensioner .. 110 4765. Check to be drawn to order of each pensioner Ill 4766. amended by act August 8, 1882. Pensions to be paid only to persons entitled, except 112, 114 4767. Blanks for vouchers, notice 116 4768. Certificate of pension fee of attorney 116, 124 4769. Attorneys' fees 116,124 4770 (now section 3646). Duplicates for lost checks, how issued 117 4771 , 4772; 4773. Repealed by section 3, act June 21 , 1879 45 4774. Superseded by section 4, act July 25, 1882, amended by act March3, 1885 82 4775. Special medical examinations 82 4776. Provision for medical referee and examining surgeons 83 4777. Appointment of civil examining surgeon 46, 83 4778. Pension agents, appointment, etc 117 4779. Pension agents' bond 118 4780. Pension agencies established 118 4781,4782. Repealed by act of June 14, 1878 118 4783. Amended by act February 10, 1891, embezzlement 138 4784. Pension agents, etc., to take affidavits without fee 119 4785. Fees of agents and attorneys 124 4786. Fee agreements to be filed 124 4787. Amended by act February 27, 1877, artificial limbs 153 4788. Commutation rates in money value for limb, etc 153 4789. Superseded by section 1, act August 15, 1876 153 304 INDEX. SECTIONS OF THE REVISED STATUTES Continued. Page. SEC. 4790. Amended by act February 27, 1877, commutation to persons who can not use artificial limbs 154 4791. Amended by act of February 27, 1877, transportation for those to whom artificial limbs are furnished 154 5392. Perjury 138 5393. Subornation of perjury 138 5414. Forging or counterfeiting United States securities 1 39 5418. Forging bid, public record, etc 139 5421. Forging deed, power of attorney, etc 139 5422. Having forged papers in possession 140 5435. False personation of persons entitled to pension, etc 141 5438. Making or presenting false claims 141 5440. Amended by act May 17, 1879, conspiracy 142, 147 5451. Bribery of United States officers 143 5479. Conterfeiting bid, bond, etc 140 5485. Illegal attorney fees 142 5486. Amended by act of February 10, 1891, embezzlement 138 5498. Prohibition against persons employed under the Government in aiding or assisting in the prosecution of claims 143 5501. Prohibition against United States officers accepting bribes ...^ 142 SEIZURE, ATTACHMENT, OR LEVY : Pension not liable to. Section 4747 82 SERVICE: In Indian wars Thirty days, or less for Congressional recognition for some special serv- ice, and an honorable discharge, gives pension to survivors or their widows under acts July 27, 1892, and June 27, 1902 71, 2(50 Shown by record of pay in absence of record of enlistment and mus- ter. Act June27, 1902 260 In Mexican war Sixty days, or actively engaged in a battle, or Congressional recognition for some special service, and an honorable discharge, survivors or their widows have pensionable status, provided. Act January 29, 1887 74 Shown by issuance of land warrants. Section 3, act January 29,1887. 74 In Navy Of twenty years gives title to admission to Naval Asylum, Philadel- phia, or for pay from naval pension fund. Section 4756 10 Of ten years, with disability, may receive aid from naval pension fund. Section 4757 10 In war of 1812 Sixty days, or less for Congressional recognition for some special service and an honorable discharge, gives pensionable status to survivors or their widows. Sections 4736, 4738 65, 66 In war of rebellion Six months or more gives pensionable status to army nurses under act August 5, 1892, provided 64 Ninety days or more and an honorable discharge gives pensionable status to soldiers, their widows or minors under act June 27, 1890, provided 61-62 On retired or active list of Army, Navy, or Marine Corps bars right to pension. Sectioli 4724, acts August 29, 1890, and March 3, 1891 37, 90 Termination of, construction. Section 4701 36 INDEX. 305 SlCK LEAVE AND SICK FURLOUGH: Page. Those on, how regarded for pensionable purposes. Section 4700 35 SISTER, DEPENDENT: Marriage of, terminates pension. Section 4708 56 Title of, under the general law. Section 4707 59 Title of, under act June 27, 1890 61 SLAVES. (See Colored persons. ) SOLDIERS: In the civil service of the United States to be paid pension withheld. Act March 1, 1879 48 Minor, when not entitled to pension. Section 3, act March 2, 1889 42 Regular and volunteer in wars of rebellion and Mexican, may have charge of desertion removed. Acts March 2, 1889, March 2, 1895 41-44, 45 Retention of discharges of, by attorneys, penalty for. (See Crimes and offenses. ) Rights, on removal of charge of desertion. Section 8, act March 2, 1889 . 44 Though engaged in rebellion against United States pensioned in certain cases. ActAugustl, 1892 '.. 49 Widows or heirs of, succeed to certain rights on removal of charge of deser- tion. Section 8, act March 2, 1889 44 SOLDIERS' HOME. (See Homes for Disabled Volunteer Soldiers and National Soldiers' Home.) SOUNDNESS: Of applicants for pension at enlistment presumed. Act March 3, 1885 ... 86 SPANISH WAR: Conditions as to widow' s rights. Act March 3, 1899 121-122 Provisions of act March 3, 1899, relative to marriage, not applicable to claims arising out of sendee in 121 Service of son in, entitles ex-Confederate parents to pensionable status. Act April 18, 1900 *. 252 Tax stamp not required on pension papers. Act June 13, 1898 252 SPECIAL ACTS: Attorneys' fees in. (See acts March 3, 1891, and March 10, 1902) . . 90, 129, 256 Pension under, equalized in certain cases. Act June 6, 1874 151 Persons receiving pension by, not entitled to pension under general law in addition, except. Act July 25, 1882 85 Rate, commencement, and duration of pension under. Section 4720 80 SPECIAL EXAMINERS: Authorized to administer oaths. Act March 3, 1891 91, 136 Authorized to cause subpoana to issue for recalcitrant witness. Act July 25, 1882 136, 145 Compensation provided for witnesses subpoenaed by. Act July 25, 1882. . 84, 136, 145 Detailed clerks to act as, power of. Section 4744 as amended by act July 25,1882 135-136 Not allowed per diem when making investigation in the District of Colum- bia. Acts May 28, 1896, and April 28, 1902 98,258 Provision for appointment of. Acts May 28, 1896, and April 28, 1902. . . 98, 258 Reports of, open to inspection and copy by claimants or their attorneys. Act March 10, 1902 256 SPECIAL EXAMINATION DIVISION: Chief and assistant chief of, provided for. Act May 28, 1896 98 532302 20 306 INDEX. SPECIFIC DISABILITIES: Page. Loss of an arm at or above the elbow or leg at or above knee. Acts March 3, 1883, and August 4, 1886 19, 20 Loss of one hand or one foot. Act March 3, 1883, and August 4, 1886 19, 20 Loss of both hands or both feet. Acts June 17, 1878, and February 12, 1889 ;.... 17 Loss of both hands, both feet, sight of both eyes. Act June 17, 1878 17 Loss of leg at hip joint or so near as to prevent use of artificial limb. Act August 4, 1886 20 Loss of arm at shoulder joint, or so near as to prevent the use of an artifi- cial limb. Act August 4, 1886 20 Rate and commencement of pension for, subsequent to July 4, 1864, and prior to June 3, 1872. Section 4697 24 Rate and commencement for pension for, subsequent to June 4, 1872. Section 4698 25 Rate for total blindness from causes arising out of service. Act March 3, 1879 18 See also Table of rates. STAMPS: Spanish war taxes not required on pension papers. Act June 13, 1898 252 STATE SOLDIERS' HOMES. (See Homes for Disabled Volunteers.) STATUTE OF LIMITATION: When operative. Section 1044 145 SUBORNATION OF PERJURY. (See Crimes and offenses.) SUBPCENA: Authority of special examiner to have issued for witness. Act July 25, 1882..*. 84,136,145 "SURGEONS: Acting, assistant, or contract, pensions for, under general law. Section 4693 . 6 Examining 1 Appointment of. Section 4777, section 4, act July 25, 1682 83, 84 Duties of. Section 4775, section 4, act July 25, 1882 82, 84 Expert, commissioner authorized to appoint. Section 4, act July 25, 1882 84 Fees of. Act March 10, 1902 (also prior appropriation acts) 256 Limitation as to daily examinations. Act March 10, 1902 (and prior appropriation acts) 256 Not entitled to fee unless present and assisting in examination. Act March 10, 1902 ( also prior appropriation acts ) 256 Reports of, open to inspection of claimants or their attorneys. Act July 18, 1894 93 To make examination of applicants for trusses. Section 1177 156 SURGEON-GENERAL : Applications for trusses to be made to. Section 1177 156 Purchase of trusses by. Section 1178 156 SURVIVORS OF INDIAN WARS. (See Indian wars. ) SURVIVORS OF THE WAR OF 1812. (See War of 1812.) SURVIVORS OF THE MEXICAN WAR. (See Mexican war.) T. TABLE OF RATES 2 TERMINATION OF PENSION, CAUSES FOR: Cessation of pensioned disability. Section 4692 and section 2 of act June 27, 1890 5, 62 Cessation of pensionable dependence. Section 4707 and act June 27, 1890. 59, 61 -i INDEX. 307 TERMINATION OF PENSION, CAUSES FOR Continued. Page. Failure to claim for three years, presumptive evidence of legal ending. Section 4719 79 Minors attaining their sixteenth year, except. Section 4702, as amended by act August 7, 1882, and section 3, act June 27, 1890 53-54, 62 Notorious adultery of widow. Section 2, act August 7, 1882 54 Remarriage of widow, dependent mother, or sister. Section 4708 56 TERMINATION OF SERVICE: Date of 36 TERRITORY: Residence of one year in, prerequisite to obtain divorce. Act May 25, 1896 57 Marriages in, how proven. Act February 19, 1887 54-55 TOTALLY HELPLESS: For performance of manual labor, requiring frequent aid and attendance. Act July 14, 1892 27 In hand and foot, rate of pension for. Act February 28, 1877 . . 26 In hand or foot, rate of pension for. Act August 4, 1886 20 In leg or arm, rates of pension for. Act August 4, 1886 20 In both feet, rate of pension for. Section 4697 24 In both hands, rate of pension for. Section 4697 24 Of a permanent character requiring regular aid and attendance. Section 4697, acts June 18, 1874, June 16, 1880, and March 4, 1890 ... 16, 17, 18, 19, 24 See also Table of rates 28-31 TRANSPORTATION : To have artificial limbs fitted, by whom furnished. Section 4791; acts August 15, 1876, and February 27, 1877 154, 155 TREASURER: Of Soldiers' Home and Government Hospital for the Insane to receive pension of inmates. Acts August 7, 1882, and March 3, 1883 114, 115, 119 TRUSSES: Law as to furnishing. Section 1176 156 Application for. Section 1177 156 Purchase of, by Surgeon-General. Section 1178 156 U. UNITED STATES OFFICERS: Accepting bribe by, penalty for. Section 5501 142 Bribery of, penalty for. Section 5451 143 Oaths to vouchers to be administered by, free of charge. Act June 7, 1888. 54 Personation of, penalty for. Act April 18, 1884 144 UNCLAIMED PENSIONS: For three years, disposition of. Section 4719 ; 79 V. VESSELS : Privateers, commanding officer to keep journal. Section 4762 11 VOLUNTEERS: On same footing as to pay, pension, etc., as regulars. Act April 22, 1898. 101 War of the rebellion Charge of desertion standing against soldiers in, may be removed. Acts August 7, 1882, July 5, 1884, May 2, 1886, and March 2, 1889. 37-44 Officers' rank to date from appointment. Act February 24, 1897 50 Prisoner of war not to be denied benefits of appointment. Act Feb- ruary 24, 1897 50 Provision made for pay and muster of certain officers and enlisted men. Act February 24, 1897 50 308 INDEX. VOUCHERS: p age> Blanks for. Section 4767 116 Execution and verification. Act September 1, 1890 106-107 Fourth-class postmasters to execute. Act August 23, 1894 108 Oaths as to execution, administered free of charge by United States offi- cers. Act June 7, 1888 54 Preparation of, by pension agent ; fees. Act March 3, 1885 86 Postdated, presenting or forwarding. (See Crimes and offenses.) Quarterly; sent by pension agents to pensioners. Section 4764 103 Vicious HABITS: Vitiates title to pension. Act June 27, 1890 61 W. WAR OF 1812: Pension for, evidence required. Section 4739, act March 9, 1878 66-69 Pension to certain soldiers and sailors of. Sections 4736, 4737, 4738, 4739. 4740, act March 9, 1878 65-69 Rules and regulations relating to applications for pension 176 Widows of certain persons engaged in, entitled to pension. Sections 4738, 4739, and act March 9, 1878 66-68 WIDOWS: Act June 27, 1890 Income necessary to disqualify under. Act May 9, 1900 253 Title under 61 Additional pension allowed for each minor of soldier, provided. Section 4703... 52 Commencement of pension to, under the general law. Section 4702, as amended by acts August 8, 1882, and June 7, 1888 52, 54 Commencement of pension to, under the act June 27, 1890 62, 95 Declarations of. (See Blank forms.) Forfeits right to pension by reason of immoral conduct or abandoning minor child or children. Section 4706 79 Half pay to (ante-rebellion wars) . Sections 4725, 4726, 4728 57, 58 Marriage of In colored and Indian claims, evidence necessary to establish. Sec- tion 4705 56 In Territories, proof as to. Act February 19, 1887 54-55 Prerequisite to title, that ceremony was duly and legally contracted prior to March 3, 1899, or continued cohabitation from marriage to date of death, or, if after March 3, 1899, prior to or during the military or naval service of soldier or sailor on whose service claim is based. Act March 3, 1899 121 Provisions of act March 3, 1899, not applicable to Spanish war claims. 121 Requirements as to, necessary to give title. Act March 3, 1899 121 To be legal according to lex loci. Act August 7, 1882 54 Not entitled to pension for same period husband received pension. Sec- tion 4735 56 No status for restoration on renewed widowhood if drawing a pension. Act March 3, 1901 25 Notorious adultery terminates pension of. Act August 7, 1882 Of officers and privates in Missouri State Militia have pensionable status. Section 4722 Of officers and privates of the Missouri Militia and provisional militia en- titled to benefits of act June 27, 1890. Act February 15, 1895 INDEX. 309 WIDOWS Continued. Page. Of officers and seamen or other persons serving in Navy disabled prior to March 4, 1861 , pension to, rate. Section 4729 8 Of officers, noncommissioned officers, or petty officers of Navy to be restored in certain cases. Act June 9, 1880 12 Of officers and soldiers whose death was the result of their military service, under the general law. Section 4702, as amended by act August 7, 1882, and section 4703 52-53 Of persons engaged in the war with Mexico and various Indian wars have title to pension. Sections 4731, 4732 65, 73 Of persons serving in the war of 1812 have title to pension. Section 3738 and act March 9, 1878 66-69 Of privateersmen killed in service, support and maintenance of. Section 4759 10,11 Of soldiers and sailors of the Revolutionary war have title to pension. Sections 4712, 4742, 4743 26,69 Of soldiers murdered at Centralia, Mo. Act March 3, 1875 149 Of survivors of Indian wars have title to pension. Acts July 27, 1892, June 27, 1902 71, 260 Of survivors of Gray's battalion, Arkansas Volunteers, Mexican war. Act Februarys, 1897 76 Of survivors of Powell's battalion, war with Mexico. Act March 3, 1891. 75 Of survivors of the war with Mexico. Act January 29, 1887 74-75 Of persons lost on steamer Jeannette, provisions for relief of. Act Janu- ary 3, 1887 151 Of persons lost on steamer Ashuelot. Act January 29, 1887 151 Renewed widowhood restores pensionable status under certain conditions. Act March 3, 1901 255 Succeed to rights of soldier on removal of charge of desertion. Act March 2,1889 44 Those entitled to increased rate of $12 pension, limitation. Act March 19, 1886 , 55-56 Who forfeits pension by remarriage may have rights restored on again becoming a widow, provided. Act March 3, 1901 255 Who are entitled to pension. Section 4702, as amended by act August 7, 1882 53 WIFE: Deserted, entitled to one-half husband's pension, provided. Act March 3, 1899 120 Information as to moral character and necessitous circumstances of, to be furnished by commissioner to treasurer of Soldiers' Homes. Act March 3, 1899 122 Of inmate of a Soldiers' Home entitled to one-half of husband's pension, provided. Act March 3, 1899 ,.... . 120 Of insane pensioner may be paid husband's pension. Act August 8, 1882 ." 114-115 WITHHELD OR SUSPENDED: Not to be, to offset claim of United States. Section 4734 82 Pensions not to be, until after notice. Act December 21, 1893 80 WITNESSES: Rules and regulations as to 174 Subpoenaed before special examiner, compensation of. Section 186 and act July 25, 1882 , 145 n . YC 63031 M83564 UBB13 THE UNIVERSITY OF CALIFORNIA LIBRARY