PENSIONS-MILITARY AND NAVAL.

Where a wound is received in the service, and an officer is not in a situation to certify the fact, or may be dead, the evidence of a private individual will be taken. Secretary Ewing, February 27, 1850.

The power conferred upon the Secretary of the Navy to make regulations for the admission of persons upon the pension roll, does not authorize him to make a statute of limitations. Attorney-General Toucey, February 16, 1849.

See also OPINIONS and DECISIONS in army cases, page 264, for holdings applicable to navv cases.

THE following rules and regulations, approved by the Secretary of the Interior, will be observed in the settlement of pension claims against the Government:

1. An agent or attorney asking to examine papers filed in any pension claim, or for the re-consideration of a claim heretofore adjudicated, must produce a power of attorney giving him the necessary authority to act as agent of the claimant, which power of attorney must be acknowledged before a justice of the peace or other person qualified to take acknowledgments or adrainister oaths, and must be certified under a recognized official seal. The party moreover executing such power must have taken an oath that he or she is directly interested as one of the claimants, and a certificate to that effect must accompany the power.

2. On the presentation of such authority, the commissioner will, in his discretion, furnish an abstract of the proofs appearing in the papers filed, or permit a personal inspection of such papers.

3. Upon the presentation of the power, as required in the first rule, if it appear that the original party performing the alleged service, or his widow, is the applicant for the re-consideration of a claim heretofore adjudicated, such claim may be re-examined as a matter of right, but there shall not be more than two re-examinations without the production of further material evidence.

4. In other cases than those of the person performing service, or his widow, as prescribed in the third rule next preceding, no pension case which has been finally adjudicated shall be re-opened, unless on the production of satisfactory proof that the adjudication was erroneous, accompanied by an affidavit of the party applying therefor, showing that such proof has been discovered since the adjudication was made.

REGULATIONS AND FORMS.

5. Appeals may be taken from the decision of the Commissioner of Pensions within six months from the time the decision is made and communicated to the party or his agent.

6. No application for a re-hearing will be entertained after the expiration of two years from the final adjudication of a claim and notice thereof to the applicant or his agent. After that time the party will be left to seek redress by an appeal to Congress.

J. E. HEATH, Commissioner of Pensions.

SIR: In relation to the application of-under act of you are informed that when an inquiry is made concerning claims pending in this bureau, the party inquiring must file authority from the claimant, or an agent appointed by him, with full power of substitution. Powers of attorney must in all cases, be signed in the presence of two witnesses, and acknowledged before a duly qualified officer, who is certified under seal. When such authority is received at this office, you will be promptly notified of the condition of the claim. Very respectfully,

JOSEPH H. BARRETT, Commissioner.

Forms.

of

and

Know all men by these presents, that I, of the county of State of, do hereby constitute and appoint -, my true and lawful agent and attorney, for me and in my name to prosecute the claim presented by me for an invalid pension [or, for a half-pay pension as widow of deceased; or, the claim presented by me, as guardian for minor heirs deceased, for a pension for said wards; or, for an increase of pension; or, for a renewal of pension; or, for arrears of pension, or otherwise, as the case may be]; and I do hereby authorize my said attorney to examine the papers, documents and records on file in any department of the government or the several offices thereof, relating to my said claim, to appoint one or more substitutes to assist him in the business aforesaid; to file additional evidence or arguments, whenever required; to receive the certificate which may issue in my name upon said claim; and to do any and all acts necessary in attaining the object of his said appointment. In testimony whereof I hereto set my hand and seal, this - A. D. 18-.

Executed in presence of:

(Two witnesses.)

day of

[L. S.]

REGULATIONS AND FORMS.

STATE OF
County of
On this

day of ―, A. D. 18-, before me, a justice of the peace in and for the county aforesaid, personally appeared —, and acknowledged the foregoing power of attorney to be act and deed, for the purposes therein mentioned.

In testimony whereof, I hereunto set my hand, the day and year aforesaid.

STATE OF
County of
I,

[L. 8.]

(J. P.)

clerk of the court, within and for said county, certify that Esq., whose genuine signature appears to the foregoing certificate of acknowledgment, was, at the time of subscribing the same, and still is, an acting justice of the peace, in and for said county, duly commissioned and sworn, and that his official acts are entitled to full faith and credit.

Ir testimony whereof, I hereto set my hand and affix the seal of said court, at this day of, A. D. 18

(Clerk.)

When a power of attorney is executed by one of several claimants, the regulations require that the party executing shall make oath that he or she has a direct interest in the claim.

Where the power is intended merely to authorize an attorney to present the claim, and receive the certificate that may be issued thereon, it will be sufficient if this power be included within the claimant's declaration, provided the officer administering the oath also certifies that the execution of the power was acknowledged before him, and the witnesses certify that it was subscribed in their presence.

24

LAWS, REGULATIONS AND FORMS.

CHAPTER XVII.

ARREARS OF PENSIONS.

LAWS, REGULATIONS AND FORMS.

UNDER this title will be considered only arrears of pensions proper.1

An act of March 2, 1829, entitled "an act making provision for the payment of pensions to the widows or children of pensioners, in certain cases, and for other purposes," contains the following provisions:

SEC. 2. And be it further enacted, That whenever any revolutionary pensioner shall die, the Secretary of War shall cause to be paid the arrears of the pension due to the said pensioner at the time of his death; and all payments under this act, shall be made to the widow of the deceased pensioner or to her attorney; or if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and if no child or children, then to the legal representatives of the deceased.3

Arrears of pensions, properly speaking, are moneys due pensioners, their widows, children or legal representatives, upon a claim presented and allowed. Unclaimed pensions are such as have never been claimed, although provision has been made by law for their payment, when proved. 2 U. S. Statutes at Large, vol. iv, 350.

3 Where by special act the widow of a deceased pensioner is placed upon the pension roll at the same rate that the deceased received in his lifetime, and she dies before the passage of the act, her children are entitled to the arrear; and if there be no children, then the arrear goes to the legal representatives of the widow. Attorney-General Gilpin, May 25, 1840.

Attorney-General Mason (July 14, 1846) held, that the law of 1829 is superseded by the law of 1840. This opinion certainly admits of doubt. The act of 1829 provides (among other things), for cases where the pensioner leaves a widow, and directs that she shall first be entitled to the arrears of pension due her deceased husband. The act of 1840 provides for cases