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WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS.

on the

She further declares that she was married to the said- on the day of, in the year 18-; that her husband, the aforesaid - died day of —, A. D. 18-. [If married the second time the claimant should so state, giving the date of such second marriage, and death of second husband], and that since his death she has remained unmarried, and is now a widow. (Claimant's Signature.)

For further forms and regulations applicable to claims under this act, see Regulations and Forms, act of July 4, 1836, page 143.

ACTS OF MARCH 3, 1843, AND JUNE 7, 1844.

As these acts grant no original pensions, but merely extend the operation of the act of July 7, 1838, and are, practically, obsolete, it is not deemed necessary to insert here forms and instructions applicable to them.

ACT OF JULY 29, 1848.

The rules of evidence and forms prescribed in cases arising under the act of July 29, 1848, are identical with those provided for in cases under the act of July 7, 1838, to which applicants are referred, page 150.

ACTS OF FEBRUARY 3, 1853, AND FEBRUARY 28, 1855.

PENSION OFFICE, March 25, 1853.The following regulations, approved by the Secretary of the Interior, have been adopted for carrying into effect the provisions of the act of February 3, 1853, entitled แ an act to continue half-pay to certain widows and orphans."

[The first and second parts of these regulations relate to the first section of the act, which has no reference to revolutionary pensions.]

3. Under the provisions of the second section, the widows of all officers non-commissioned officers, musicians and privates of the revolutionary army, who were married subsequent to January, A.D. 1800, are entitled to a pension in the same manner as those who were married before that date.

In applications for the benefits of these provisions, the party must

WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS.

prove the service of the officer or soldier in whose right she claims; her marriage with such officer and soldier, and his death.

In case such officer or soldier has received a pension in his life ́ time, a reference to the evidence filed in his application will be sufficient to prove the service.

Every applicant will make a declaration according to the form hereto appended, before a Court of Record [or Judge or Clerk of such Court], setting forth, according to the best of her knowledge and belief, the name and rank of the person on account of whose service the claim is asserted; the time when he entered and left the service; the names and rank of the officers under whom the service was performed; the place in which he resided when he entered the service; the time and place of his death; that she was lawfully joined in marriage with said officer or soldier, and that she is now a widow.

In case such officer or soldier was a pensioner, that fact should also be stated, as well as the act under which he was pensioned, and the agency at which he was paid,

If the applicant is unable to appear in Court, by reason of bodily infirmity, she may make the declaration before a Judge or Justice [or Clerk] of a Court of Record of the county in which she resides, and the Judge or Justice [or Clerk] will certify that the applicant, from bodily infirmity, is unable to attend Court.

The official character of the magistrate or other person before whom any papers are verified, should be authenticated in the usual form.

L. P. WALDO, Commissioner of Pensions.

Declaration Act of February 3, 1853. (Army.)

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- a resident of

judge, or ——— clerk, of the court], a court of record, within and for the county and State aforesaid, personally appeared said county, aged years, who being first sworn, according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the third day of February 1853, granting pensions to the widows of persons who served during the revolutionary war; that she is the widow of who was a [Here insert the rank the husband held in the army, and give the details of his service according to the requirements of the above regulations. If the husband

-

WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS.

was a pensioner at the time of his death, that fact must be noted, and the particulars of his service need not, in that case, be so specifically given]. She further declares that she was married to the said day of

day of

-9 on the -, A.D., 18-; that her said husband died on the A.D., 18-[if she was married a second time, state the fact, with the date of her second marriage, and of the death of her second husband]: and that she is now a widow.

She hereby appoints

her attorney, with power of substitution, to prosecute this her claim for a pension, to receive the certificate when issued, and to do all other acts necessary in order to effect the object of his appointment.

(Declarant's Signature.)

Sworn to and subscribed by said - in open court (or before me

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judge, or and State of

[L. S.]

clerk of the

court within and for the county of

-) the day and year aforesaid.
Witness my hand, and the seal of said court.

(Clerk of said Court).

Should the oath be administered by a Judge, the certificate of the Clerk of the Court, under its seal, to his official character, must be attached.

For further forms pertaining to applications for pensions under the act of February 3, 1853, see Forms and Regulations, Act of July 4, 1836, page 146, and July 7, 1838, page 150. It may be well also, to consult the forms of declarations under these acts, before using the one above given, as useful hints may thus be obtained.

Declaration under Act of February 28, 1855. (Naval.)

STATE OF
County of

On this

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day of

judge, or clerk of the

-18-, before the court, [or before me court], a court of record, within and for the county aforesaid, personally appeared a resident of said county, aged years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 25th February, 1855, granting pensions to widows of persons who served in the navy of the United States during the revolutionary war; that she is the widow of who was a [Here state the rank of the husband; the vessel he served in, and

WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS.

the name of her commander; the time of entering the service, and time of discharge. If the husband was a pensioner at the time of his death, state the fact, and mention the act under which, and the place where he was paid. The particulars of service need not be so minutely detailed in case the husband was a pensioner].

She further declares that she was married to the said

day of

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on the

day of

A. D., 18, that her said husband died on the A. D., 18— [if she was married a second time, state the fact, with the date of her second marriage, and of the death of her second husband]; and that she is now a widow.

,

She hereby appoints her attorney, with power of substitution, to prosecute this her claim for a pension, to receive the certificate when issued, and to do all other acts necessary in order to effect the object of his appointment.

(Declarant's Signature.)

Applicants will refer to the forms pertaining to the acts of July 4, 1836, page 146, and July 7, 1838, page 150, for additional forms applicable to the act of February, 1855, and also to obtain hints and suggestions which may be serviceable in preparing papers under the act last mentioned.

WIDOWS AND ORPHANS-REGULARS, SINCE REVOLUTION.

CHAPTER IX.

GRATUITOUS

PENSIONS.

SECTION I.

WIDOWS AND ORPHANS-REGULARS, SINCE REVOLUTION.

THE first section of "an act in addition to the 'act making further and more effectual provision for the protection of the frontiers of the United States,"" approved June 7, 1794,1 provides:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any commissioned officer in the troops of the United States shall, while in the service of the United States, die, by reason of wounds received in actual service of the United States, and shall leave a widow, or, if no widow, shall leave a child or children under age, such widow, or, if no widow, such child or children shall be entitled to and receive the half of the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years. And in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half-pay for the remainder of the term shall go to the child or children of such deceased officer, while under the age of sixteen years; and, in like manner, the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: Provided, That no greater sum shall be allowed, in any case, to the widow or to the child or children of any officer, than the full pay of a lieutenant-colonel.

These provisions are still in force, if any widows of commissioned officers who died or were killed in the line of duty, while serving under the act to which the above

1 U. S. Statutes at Large, vol. i, 390.

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