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SISTERS-MILITARY AND NAVAL.

existing rebellion in the United States; but the right of such disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be.

Section six prescribes the fees of agents for obtaining pensions, etc.

Section seven fixes the penalty for charging excessive fees.

SEC. 10. And be it further enacted, That the pilots, engineers sailors and crews upon the gunboats and war vessels of the United States, who have not been regularly mustered into the service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war; and all persons serving as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to receive for such disability the pension allowed by the provisions of this act to those of like rank, and each and every such person shall receive pay according to corresponding rank in the naval service: Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present

war.

SEC. 11. And be it further enacted, That the widows and heirs1 of all persons described in the last preceding section who have been or may be employed as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so employed, shall be paid the bounty and pension allowed by the provisions of this act, according to rank, as provided in the last preceding section.

1 This has not yet received an official construction, but it is believed that the word "heirs," as here employed, was intended to embrace those persons who are designated in the former part of the act as entitled to pensions for the service of the deceased person, according to the order of priority there established. That it was meant to include mothers is evident from the joint resolution of July 16, 1862, which supplies an omission in the tenth and eleventh sections of the act of July 14, 1862, and may be considered as an addition to that act. Unless this construction is adopted, the joint resolution will prefer the mother to the children of the deceased person.

SISTERS-REGULATIONS AND FORMS.

For this act entire, see pages 28 to 33.

A joint resolution of July 16, 1862, supplies an omission in the foregoing act, and extends its provisions to mates on board gunboats in the service, and to those dependent upon them. This resolution is as follows:

JOINT RESOLUTION to grant Pensions to Masters and Officers upon the Gunboats in the service of the United States.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the masters serving on board of gunboats employed in the service of the United States shall be entitled to all the benefits, including bounty and pension, provided for in an act entitled "an act to grant pensions," passed during the present session of Congress, and the widows, mothers and heirs of such officers shall be entitled to all the benefits of said act.

SECTION II.

REGULATIONS AND FORMS TO BE OBSERVED IN APPLYING FOR PENSIONS FOR SISTERS.

For Regulations, see "INVALID PENSIONS-REGULARS," page 39.

Form of Declaration of Guardian of Orphan Sisters for Army

STATE OF
County of

On this

Pension.

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- A. D.,

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State of - aged

a resident of

-, personally appeared before the in the county of -, and years, who, being first duly sworn according to law, doth on oath make the following declaration, in order to obtain a pension under the act of July 14, 1862: That he is the legally appointed guardian of [here give the names and ages of his ward or wards], who the only surviving child, under sixteen years of in and, his wife, and sister in the

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company war of 1861, who [here state the time, place and cause of his death]. That the brother of his said ward, upon whom they were wholly or in part dependent for support, having left no widow, minor child or children, or mother, declarant as guardian and on behalf of his ward, refers to the

SISTERS-REGULATIONS AND FORMS.

accompanying evidence, and such as may be found in the department, to establish her (or their) claim under the law above named.

He further declares that his said ward

pension under said act.

He also declares that his ward

not in the receipt of any

not, in any way, been engaged in,

or aided or abetted, the rebellion in the United States.

Applicant's post-office address.

Sworn to and subscribed before me this

(Guardian's Signature.)

day of —, A. D., 18—;

and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim.

(Signature of Judge or other Officer.

Form of Declaration of Guardian of Orphan Sisters for Navy

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On this

day of

A. D.,

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of the

and State of —, aged

cording to law, doth on oath

-, personally appeared before the
in the county of

resident of
years, who, being first duly sworn ac-
make the following declaration, in order

to obtain a pension under the act of July 14, 1862: That he is the legally appointed guardian of [here give the names and ages of his ward or wards] who the only surviving child under sixteen years of

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who was a [here state

age, of, and, his wife, and sister of decedent's service and personal description] who [here state the time, place and cause of his death]. That the brother of his said ward—, upon whom they were wholly or in part dependent for support, having left no widow, minor child or children, or mother, declarant as guardian, and on behalf of his ward, refers to the accompanying evidence, and such as may be found in the department, to establish her (or their) claim under the law above named.

He further declares that his said ward sion under said act.

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He also declares that his ward aided, or abetted the rebellion in the United States.

Sworn to and subscribed before me, this

(Guardian's Signature.)

day of, A.D. 18—; and

I hereby certify that I have no interest, direct or indirect, in the prosecu

tion of this claim.

(Signature of Judge or other Officer.)

Applicant's post-office address.

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SISTERS-REGULATIONS AND FORMS.

These declarations must be made before a Court of Record, or the Judge or Clerk of a Court of Record. In any case the seal of the Court must be appended.

The declaration must be supported by the following proof:

1. The marriage of the parents of the claimant or claimants.

2. The death or marriage of the mother of the deceased.

3. The relationship between the claimant or claimants and the deceased.

4. The names and ages of the sisters under sixteen years of age who were dependent upon the deceased, in whole or part, for support.

5. That the deceased left neither widow nor children. 6. In case the death of the brother took place after his return from service, of disability incurred while in the line of duty; or where such death does not appear upon the rolls, or other government records, the death, and cause of the death of the brother must also be proved. 7. Proof of loyalty.

Affidavits in proof of these several facts may be made before a Justice or other officer authorized to administer oaths generally; but his official character must be certified by the Clerk of the proper Court, under its seal.

The requisite forms for preparing the foregoing proof will be found under "WIDOWS AND ORPHANS, REVOLUTIONARY WAR," and " WIDOWS AND ORPHANS-REGULARS."

For REGULATIONS and FORMS pertaining to POWERS OF ATTORNEY, in pension cases, see Chapter XVI.

PENSIONS-MILITARY AND NAVAL.

CHAPTER XV.

OFFICIAL OPINIONS AND DECISIONS RELATING TO INVALID PENSIONS.

ARMY--INCLUDING REGULARS, VOLUNTEERS, AND MILITIA. WHO ENTITLED:

Cadets at West Point and corps of engineers are entitled to pensions under act of March 16, 1802. Attorney-General Wirt, April 8, 1820.

An aid-de-camp is not entitled to pay or pension as such aid, but according to the commission actually held. Attorney-General Wirt, December 5, 1820.

Where a soldier dies after March 4, 1831, and before June 7, 1832, and leaves a widow, who also dies before June 7, 1832, the children of the soldier are entitled to a pension; but not the children of the widow by another husband. Attorney-General Butler, April 13, 1837.

A paymaster is a commissioned officer, and his wife is entitled to a pension under the act of March 16, 1802. Attorney-General Grundy, March 22, i839.

Commodore Porter, who was minister to Turkey, was held to be entitled to his pay as minister, and as a pensioner, at the same time. AttorneyGeneral Legare, May 26, 1842.

An officer who lost a limb in the war of 1812, was mustered out of the service upon a captain's pension. He was subsequently appointed battalion paymaster, and it was held that this appointment was to a civil branch of the service, and that he was entitled to both pay and pension. AttorneyGeneral Toucey, Nov. 1, 1848.

The word children embraces grandchildren of a deceased pensioner, under the act of June 7, 1832, and its supplements. Walton et al. v. Cotton et al.,

19 Howard, 355.

A person not mustered into the service is not entitled to a pension. Secretary Calhoun, Oct. 24, 1821.

A minor wounded in the service, and subsequently discharged for minority, does not lose his right to a pension. Secretary Cass, Feb. 10, 1836.

A person who fails to return to duty after release from captivity is not entitled to a pension; being viewed as a deserter. Secretary Poinsett and Commissioner Edwards, Aug. 31, 1840.

Desertion forfeits all rights to a pension. Secretary Porter and Commissioner Edwards, June 27, 1843.

It is not sufficient that a man should be employed in a mechanical occu

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