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Seo note 2.
See secs. 4756.

Service Pensions.

Rates of pension for total dis.

Mar. 3, , .

9.1.

.

8.1.

Contract geon.

sur

; Mar.

Mar. 3, 1873, s. in the service of the United States subsequent to the

v. , . 567 ; July 27, 1968, 3. 2. twenty-seventh day of July, eighteen hundred and sixty

eight, unless the person who was wounded, or injured, or 4757, Pension contracted the disease was in the live of duty; and, if in Eunds as to 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 garrison; 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. 4695. The pension for total disability shali be as ability. follows, namely: For lieutenant-colonel and all officers of 2: July 14, 1862; higher rank in the military service and in the Marine Corps,

and for captain, and all officers of higher rank, commander, Enrolling offi cer, provost ind surgeon, paymaster, and chief engineer, respectively rank. deputy provost ing with commander by law, lieutenant commanding and July 25, 1866, 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 2: "Tr3. 1875chief engineer, respectively ranking with lieutenant by 5.2, 1. 17, p. 567. 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, professor of mathematics, master, as-
sistant surgeon, assistant paymaster, and chaplain in the
naval service, twenty dollars per month; for first lieu-
tenant in the military service and in the Marine Corps,
acting assistant or contract surgeon, and deputy provost.
marshal, seventeen dollars per month; for second lieuten-
ant in the military service and in the Marine Corps
ensign, and pilot in the naval service, and enrolling officer,
fifteen dollars per month; for cadet midshipman, passed
midshipman, midshipmen, clerks of admirals and pay.
masters and of other officers commanding vessels, * *
master's mate, and all warrant officers in the naval serr.
ice, ten dollars per month; and for all other persons
whose rank or office is not mentioned in this section, eight
dollars per month; and the masters, pilots, engineers, sail-
ors, and crews upon the gun-boats and war-vessels, shall
be entitled to receive the pension allowed herein to those

of like rank in the naval service. June 18, 1878. That from and after July sixteenth, eighteen hundred and

20 Stat. L., 166. sixty-two, pensions granted to lieutenant-commanders in Sp.R.S...]'. the Navy for disability, or on account of their death, shall

See note 3.
Seo sec. 4699

193-94

Note 2.-As to rate for passed assistant engineers, assistant engineers, and carlet engineers in the Navy, see act March 3, 1877. As to rate for "enaigns," "cadet mid. shipmen,", clerks of admirals," and of “other oflicors commanding vessels," see section 2, March 3, 1873. For lieutenant-commanders, see act June 18, 1878.

Note 3.-A soldier traveling under orders, in any manner, is on the march," and in the line of duty. (Pension Office Digest, p. 158.)

When "not in line of duty:'. while on furiongh; while on leave to attend to private business; while violating any established Army regulation: while bathing, unless under orders to do so; suicide, unless the result of insanity: wrestling or sculling with comrades; foraging, unless under orders, even if granted leave to do so; while contineal in a military prison on charge of desertion; while undergoing sen. tence of court martial. (lension Otlice Decisions, pp. 157, 160.)

Lieutenant. commanderg'

Title 57.

See note 4.

. mencement of

disabilities

1872

be the same as theretofore provided for lieutenants commanding

pension.

R. S., sec. 4695. SEC. 4696. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension Rateof pension

. as is provided in the preceding section, for the rank he held ing to rank held at the time he received the injury or contracted the disease at timodisability which resulted in the disability, on account of which he may Mar. 3, 1873, s. be entitled to a pension; and any commission or presiden-Juk 12. : 507

July 14, 1862, s. 1; tial appointment, regularly issued to such person, shall be June 6, 1866, s. 7. taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank : Prorided, That a vacancy existed in the rank thereby conferred; that the persou commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered.

SEC. 4697. For the period commencing July fourth, eight. Rate and com: een hundred and sixty-four, and ending June third, eighteen pension for perhundred and seventy-two, those persons entitled to a less manent and spend pension than hereinafter inentioned, who shall have lost subsequent to both feet in the military or naval service and in the line of July 4, 1864, and

prior to June 3, duty, shall be entitled to a pension of twenty dollars per Mar. 3, 1873, 8. month; for the same period those persons who, under like 3; July 4, 1864. circumstances, shall have lost both hands or tlie sight of: Jug 63 1866

; July 25, , both eyes, shall be entitled to a pension of twenty-tive dol- s. 5; Mar. 3, 1863, lars per month; and for the period commencing March third, s. 3. eighteen hundred and sixty-five, and ending June third, See act June 16, eighteen hundred and seventy-two, those persons who under 1880 and act Mar. like circumstances shall have lost one hand and one foot For loss of hand shall be entitled to a pension of twenty dollars per month; Feb. 28, 1877. and for the period cominencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand or one foot shall be entitled For loss of both to a pension of fifteen dollars per month; and for the period or both feet ses

both , commencing June sixth, eighteen hundred and sixty-six, act, June 17, 1878. and ending June third, eighteen hundred and seventy-two, por los ampu those persons entitled to a less pension than hereinafter atedora

joint, see Mar. mentioned, who by reason of injury received or disease con-3, 1879, tracted in the military or naval service of the United States. Sie sin, act Juno and in the line of duty shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently , See 12, actJuly disabled as to render them utterly helpless, or so nearly so as to require regular personal aid and attendance of an-permanent help

, other person, shall be entitled to a pension of twenty five amendment act dollars per month; and for the same period those who under June 18,1974, and like circumstances 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

8.

4, .

and foot, see act

,

Mar. 3,

leg

6, 1856.

27, 1868.

As to total and Rate and com.

act 161880.

Note 4.-The rank of soldiers at time of disability governs rate of pension. Rank under a commission dated after the contraction of disability does not fix rate not con ferred by a commission unlese a vacancy existed in such rank. Pension of widow to be rated according to rank of lusband at the time he received the injury which resulted in the fatal discase. (Pension Office Digest.)

1872.

See note 5.

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 equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month.

SEC. 4698. From and after June fourth, eighteen hundred monContent of and seventy-two, all persons entitled by law to a less penpension for per manent and pe sion than hereinafter specified, who while in the military or citie disabilities subsequent to naval service of the United States, and in line of duty, shall June 4, 1872. have lost the sight of both eyes, or shall have lost the sight Mar. 3, 1873,

of one eye, the sight of the other having been previously act June 8, lost, or shall have lost both hands, or shall have lost both

feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to ren

der them utterly helpless, or so nearly so as to require the As to total and regular personal aid and attendance of another person, shall permanent help lessness, see act be entitled to a pension of thirty-one dollars and twenty-five June 18. 1874, and cents per month; and all persons who, under like circumact June 16, 1880. Forlosy of hand

stances, shall have lost one hand and one foot, or been totally and foot, sro act and permanently disabled in the same, or otherwise so disFeb. 28, 1877, and abled as to be incapacitated for performing any manual Aug. 4, 1886.

labor, but not so much as to require regular personal aid Tor loss of both and attendance, shall be entitled to a pension of twentyer en bottelande four dollars per month; and all persons who under like ciractx.June 17,1878, cumstances, shall have lost one hand, or one foot, or been Mar. i. 1879, and totally and permanently disabled in the same, or otherwise Feb. 12, .

so disabled as to render their incapacity to perform manual For deg ampu labor equivalent to the loss of a hand or foot, shall be entisee aet Mar. 3, tled to a pension of eighteen dollars per month: Proridei,

3

That all persons who, under like circumstances, have lost a Mar. 3, 1873, leg above the knee, and in consequence thereof are so disa

bled that they cannot use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month

from and after June fourth, eighteen hundred and seventyAug. 27, 1888, two; and all persons who, under like circumstances, shall

have lost the hearing of both ears shall be entitled to a pension of thirteen dollars per month from the same date: Pro

vided, That the pension for a disability not permanent, Mar. 3, 1873, equivalent in degree to any provided for in this section,

shall, during the continuance of the disability in such degree, be at the same rate as that herein provided for a permanent disability of like degree.

SEC. (4698.1.] Except in cases of permanent specific disa

not bilities, no increase of pension shall be allowed to commence perunnent and prior to the date of the examining surgeon's certificate specific.

Mar. 3, 1873, s. establishing the same, made under the pending claim for 4:19:17 Pro349; increase, and in this, as well as all other cases, the certifiA pr. 10, 1806, s. 4 June 18, 1874, cate of an examining surgeon, or of a board of examining ch. 298, v. 18, p. 78.

Note 5.- Amended by acts of Jme 18, 1874 (2): Feb. 28, 1877; June 17, 1878; Mar. 3, 1879; June 16, 1880; Mar. 3, 1883; Mar. 3, 1885; Aug. 4, 1886; Aug. 27, 1888; and Feb. 12, 1889.

or ,

3, ,

1879.

deafness.

8. 4.

Commencement of increase for disabilities

ch. 236,

otherwise

Mar. 3, 1873, s.

surgeons, shall be subject to the approval of the Commis. Soc note 6. sioner of Pensions,

That all soldiers, sailors, and marines who have since the Mar. 4, 1890. sixteenth day of June, eighteen hundred and eighty, or who 26 Stat. L., 16. may hereafter become so totally and permanently helpless suppo, S.,

1874-91, . 707. from injuries received or disease contracted in the service Pensions, in: and line of duty as to require the regular personal aid and croose to totally

helpless soldiers, attendance of another person, or who, if otherwise entitled, etc

R. S., sec9.4698, were excluded from the provisions of “An act to increase 46944. pensions of certain pensioned soldiers and sailors who are June 16, 1880, utterly helpless from injuries received or disease contracted while in the United States service," approved June sixteenth, 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.

SEC, 4699. The rate of eighteen dollars per month may, Pensions for be proportionally divided for any degree of disability estab. Sinability not lished for which section forty-six hundred and ninety-five vided for. makes no provision.

5, v. 17, p. 560. SEC. 4700. Officers absent on sick-leave, and enlisted men Sick leave,

sick furlough, absent on sick-furlough, or on veteran-furlough with the veteran fur organization to which they belong, shall be regarded in the lough, line of

duty. administration of the pension laws in the same manner as if they were in the field or hospital.

6; June 6, 1866, 8.8. (On veteran furlough with the organization to which they be. longed. Mar. 3,

1873, s. 6.) SEC. 4701. The period of service of all persons entitled Date when servto the benefits of the pension laws, or on account of whose Mar. 3, 1873, s. death any person may become entitled to a pension, shall , June 6, 1806, be construed to extend to the time of disbanding the organi. zation to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization.

SEC. 4702.* If any person embraced within the provisions Widows and of sections forty-six hundred and ninety-two and forty-six titled

minors, when en. hundred and ninety-three has died since the fourth day of Mar. 3, 1873, s.

8; July 14, 1862, e. March, eighteen hundred and sixty-one, or hereafter dies 2 July 14, 1862. 8. by reason of any wound, injury, or disease, which, under .1; Mar. 3, 1865, the conditions and limitations of such sections, would have. See act June 7, entitled him to an invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death,

See note 6. Mar. 3, 1873, s.

ice

8.9.

8.4.

1888.

Note 6.-"Specific" disability is such as is specified in the statutes. Injuries requiring a medical examination to ascertain and declare their nature, and as to the effect of which there is room for a difference of opinion, are not specitic disabilities. (Op. Atty. Genl. Devens, May 17, 1878, P. O. Digest, p. 154.)

Disability to be pensionable must be of such a character and exist to such a degree that it can be detected by the examining surgeon of the office. (P. 0. Digest, p. 152.)

Disability not connected with a previous disease or injury received in service is not pensionable, even if soldier's health after discharge rendered him more liable to disease. Resulting from carelessness, disregard of regulations, etc., not pensionable, nor if shown by surgeon's certificate to have existed prior to enlistment. Cause of disability must have been contracted in the line of duty as well as in the service. (Pension Office Digest, pp. 152, 153.)

See note 7.

1886

without payment to her of any part of the pension hereinafter 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 luring her 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 sball be entitled from the date

of remarriage. Increased pen

SEC. 4703. The pensions of widows shall be increased sions to widows, etc. Amended from and after the twenty-fifth day of July, eighteen hun. un act of Mar. 19. dred and sixty-six, at the rate of two dollars per month

Mar. 3, 1873. s. for each child under the age of sixteen years of the hus9; July 25, 1866, 8. 2; July 27,

band on account of whose death the claim has been, or 1868, 8. 4.

shall be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension-law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and entitled to a pension: Provided, That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged, it

shall be granted and paid to the guardian of such child or July 27, 1868, children: Provided, further, That a widow or guardian to

whom increase of pension has been, or shall hereafter be, granted on account of minor children shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organized for the

care of soldiers' orphans. Legitimacy of

SEC. 4704. In the administration of the pension-laws, Mar. 3, 1873, s. children born before the marriage of their parents, if ac

knowledged by the father before or after tho marriage,

shall be deemed legitimate. Widows of col.

SEC, 1705. The widows of colored and Indian soldiers soldiers entitled; and sailors who have died, or shall hereafter die, by reason evadence of mar of wounds or injuries received, or casualty received, or disriage: legitimacy of Children eto ease contracted, in the military or naval service of the

Mar. 3, 1873, 8. 11: July 14, 1864, United States, and in the line of duty, shall be entitled to 2004; 1.096 receive the pension provided by law without other evidence 15, 1866, 6. 2; asto of marriage than satisfactory proof that the parties were Tudian". Mar. joined in marriage by some ceremony deemed by them 3, 1873, s. 11. Amendment, Note 7.-Except when such widow has continued to draw the pension money after

8. 5.

children.

10.

ored and Indian

her remarriage, in contrarention of law, and such child or children have resident See act ap with and been supported by her, their pension will commence at the date to which proved June 7, the widow was last paid. 1888, and see act approved Feb. 19, 1887. Aug.

7, 1882. ch. 438, v. 22,

1860, 8. i 4; June

sec. 1702.

p. 345.

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