obligatory, or habitually recognized each other as man aud wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or 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 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 seventythree. Mar. 3, 1873, 8. 11. of or children forfeits pension. Mar. 3, 1873, 8. 12; June 6, 1866, 8. 11; July 27, See act of Aug. 1868, s. 8. 1882. SEC. 4706. If any person has died, or shall hereafter die,, Abandonment leaving a widow entitled to a pension by reason of his ow minor child death, and a child or children under sixteen years of age by such widow, and it shall be duly certified under seal, by any court having probate jurisdiction, that satisfactory evidence has been produced before such court, upon due notice to the widow, that she has abandoned the care of 7, such child or children, or that she is an unsuitable person, by reason of immoral conduct, to have the custody of the same, on presentation of satisfactory evidence thereof to the Commissioner of Pensions, no pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of law to the contrary notwithstanding, and the said child or children shall be pensioned in the same manner, and from the same date, as if no widow had survived such person, and Pension to misuch pension shall be paid to the guardian of such child nors to commence or children; but if in any case payment of pension shall from the time the have been made to the widow, the pension to the child or Mar. 3, 1873, children shall commence from the date to which her pension has been paid. widow was paid. 8. 12. 27, 1868, s. 1. of SEC. 4707. If any person embraced within the provisions Succession dependent relaof sections forty-six hundred and ninety-two and forty-six tives. hundred and ninety-three has died since the fourth day of, Mar. 3, 1873, 8. 13; July 14, 1862, March, eighteen hundred and sixty-one, or shall hereafter die, ss. 3, 4; June 6, by reason of any wound, injury, casualty, or disease, which, 1866, 8, 12; July under the conditions and limitations of such sections, would See act approved Mar. 19, have entitled him to an invalid pension, and has not left or 1896. shall not leave a widow or legitimate child, but has left or shall leave other relative or relatives who were dependent upon him for support in whole or in part at the date of his death, such relative or relatives shall be entitled, in the following order or precedence, to receive the same pension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely: First, the mother; secondly, the father; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward: Provided, That if in any case said person shall have left father and mother who are dependent upon him, then, on the death of the mother, the father shall become entitled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain. the age of sixteen years, respectively, commencing from the death or remarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributious 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 estimating a father's means of independent support: Provided, further, That the pension allowed to any person on account of his or her dependence, as herein before provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. SEC. 4708. The remarriage of any widow, dependent 14; July 14, 1862, mother, or dependent sister, entitled to pension, shall not ss. 2, 3; July 4 bar her right to such pension to the date of her remarriage, 1864, s. 7; July 25, 1866, 8.6 July whether an application therefor was filed before or after 27, 1868, s. 10. such marriage; but on the remarriage of any widow, de pendent mother, or dependent sister, having a pension, such pension shall cease.* Remarriage. Arrears of pensions. 17. title. SEC. 4711. It shall be the duty of the Commissioner of Mar. 3, 1873, s. Pensions, upon any application by letter or otherwise by or on behalf of any pensioner entitled to arrears of pension See s. 4718, same under section forty-seven hundred and nine, or if any such pensioner has died, upon a similar application by or on behalf of any person entitled to receive the accrued pension due such pensioner at his death, to pay or cause to be paid to such pensioner, or other person, all such arrears of pension as the pensioner may be entitled to, or, if dead, would have been entitled to under the provisions of that section No fee due at had he survived; and no claim-agent or other person shall torney for mak be entitled to receive any compensation for services in for arrears. making application for arrears of pension. ing application former acts ex 18. Amended by Provisions of SEC. 4712. The provisions of this Title in respect to the tended. rates of pension to persons whose right accrued since the Mar. 3, 1873, 8. fourth day of March, eighteen hundred and sixty-one, are act of June 9, extended to pensioners whose right to pension accrued under general acts passed since the war of the Revolution 3; July 27, 1868, and prior to the fourth day of March, eighteen hundred and ment act June 9, Sixty-one, to take effect from and after the twenty-fifth day of July, eighteen hundred and sixty-six; and the widows of 1880. July 25, 1866, s. s. 13. See amend 1880. * Section 4709 was repealed by acts of Jannary 25 and March 3, 1879, and section 4710 by acts of January 25 and March 3, 1879. revolutionary soldiers and sailors receiving a less sum shall be paid at the rate of eight dollars per month from and after the twenty-seventh day of July, eighteen hundred and sixty-eight. 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 according 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. Ibid., s. 2. 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 pensions 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 cessation of hostilities; and before being mustered out: Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability. All pensions which have been, or which may hereafter See note 8. be, granted in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, or in consequence of wounds or injuries received or disease contracted since that date shall commence from the death or discharge 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 discharge 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 Pensions 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 herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age. of 1812. An act approved March 9, 1878, chap. 28, vol. 20, p. 97, Pensions, war authorizes the names of the surviving officers and men, including militia and volunteers, who served fourteen days in the war with Great Britain of 1812, or who were in any engagement and were honorably discharged, and the surviving widows of such, to be placed on the pension rolls. It also restores pensions to such of them as had been stricken from the rolls for engaging in the rebellion or encouraging it; no arrearages to be paid. special and gen The fifth section of the act approved July 25, 1882, chap. Pensions under 349, v. 22, p. 176, provides "that no person who is now eral acts. receiving or shall hereafter receive a pension under a special act shall be entitled to receive in addition thereto a pension under the general law, unless the special act expressly states that the pension granted thereby is in addition to the pension which said person is entitled to receive under the general law. Note 8.-Date of actual discharge is the date to which paid. (Pension Oflice Digest, p. 154.) Pension for loss of sight of both eyes. Jan. 25, 1879. An act approved March 3, 1879, chap. 200, v. 20, p. 484, provides that the act of June 17, 1878, increasing the pensions of soldiers and sailors who have lost both their hands, or both their feet, or the sight of both eyes in the service of the country, shall be so constructed as to include all soldiers and sailors who have become totally blind from causes occurring in the service of the United States. That all pensions which have been granted under the Commencement general laws regulating pensions, or may hereafter be of pensions. granted, in consequence of death from a cause which origiJan. 25, 1879, ch. 23, s.1, v. 20, p. 265. nated in the United States service during the continuance of the late war of the rebellion, or in consequence of wounds, injuries, or disease received or contracted in said service during said war of the rebellion, shall commence from the date of the death or discharge from said service of the person on whose account the claim has been or shall hereafter be granted, or from the termination of the right of the party having prior title to such pension: Provided, The rate of pension for the intervening time for which arrears of pension are hereby granted shall be the same per month for which the pension was originally granted. Commencement of ante-rebellion 19; June 6, 1866, 24, 1828, s. 2. SEC. 4713. In all cases in which the cause of disability pensions. or death originated in the service prior to the fourth day Mar. 3, 1873, s. of March, eighteen hundred and sixty-one, and an applica8. 13; July 25, tion for pension shall not have been filed within three years 1866, s. 3; Feb.21, from the discharge or death of the person on whose account 1795, s. 1; May 20, 1820, s. 2, Feb. the claim is made, or within three years of the termination 211222 May of a 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. July 26, 1892. That declarations of pension claimants shall be made Declarations before a court of record, or before some officer thereof havand other papers ing custody of its seal, or before some officer who, under claims, before the laws of his state, city, or county, has authority to adminwhom executed. ister oaths for general purposes; and said officers are sedes sec. 4714, hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor: in pension This act super R. S. Officers not re seal to file a cer character. Provided, That where such declarations or other papers quired to use a are executed before an officer authorized as above but not tificate of official required by the laws of his state to have and use a seal to authenticate his official acts, he shall file in the Pension Bureau a certificate of his official character, showing his official signature and term of office, certified by a clerk of a court of record or other proper officer of the State as to the genuineness thereof; and when said certificate has been filed in the Bureau of Pensions his own certificate will be recognized during his term of office. Pension papers executed in for SEC. 2. That the Commissioner of Pensions may accept eign countries. declarations and other papers of claimants residing in foreign countries made before a United States minister or consul or other consular officer, or before some officer of the country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul or other consular officer; And declarations in claims of Indians may be made be. Declarations fore a United States Indian agent. in claims of Indians. Declarations and affidavits executed under for good. SEC. 3. That any and all declarations or affidavits now on file in the Pension Bureau which are considered informal by reason of not having been executed in conformity to the mer laws heretofore in force covering such, and in which it is shown or may be hereafter shown by proper evidence that the same were executed by and before an officer who was duly authorized to administer oaths for general purposes at said date of execution, shall be accepted as formal as from date of filing such declarations or affidavits. acts made SEC. 4. That all acts and parts of acts inconsistent with Repeal. the provisions of this act are hereby repealed. Two pensions not allowable. Mar. 3, 1873, s. 10; June 25, 1866, s. 2. SEC. 4715. Nothing in this Title shall be so construed as to allow more than one pension at the same time to the same person or to persons entitled jointly; but any pensionerly 14, 1862, who shall so elect may surrender his certificate, and receive, 6, 1866, s. 13; July in lieu thereof, a certificate for any other pension to which See act of July he would have been entitled had not the surrendered certifi- 25, 1882, s. 5. cate 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. SEC. 4716. No money on account of pension shall be paid to any person, or to the widow, children, or heirs of any deceased person, who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States. Loyalty requi site. Mar. 3, 1873, s. 23; July 14, 1862, 8. 4. See act Feb. 4. 1862, and joint resolution Mar.2, 1867. 25, 1879, see p. --. sec. 4717. vested first in children. 8.10; June6, 1866, SEC. 4718. If any pensioner has died or shall hereafter, For act of Jan. die, or if any person entitled to a pension, having an appli- This act repeals cation therefor pending, has died or shall hereafter die, his Accrued penwidow, or if there is no widow, the child or children of such sion; title to, person under the age of sixteen years shall be entitled to widow, second in receive the accrued pension to the date of the death of such minor child or person. Such accrued pension shall not be considered as Mar. 3, 1873, s. a part of the assets of the estate of deceased, nor liable 25: July 4, 1864, to be applied to the payment of the debts of said estate in s. 6; July 25, 1866, any case whatever, but shall inure to the sole and exclusive 8.4; July 27, 1868, benefit of the widow or children; and if no widow or child s. 2: June 19, 1840, survive, no payment whatsoever of the accrued pension Also, see note shall be made or allowed, except so much as may be neces- to each of the sary to reimburse the person who bore the expenses of the last sickness and burial of the decedent, in cases where he did not leave sufficient assets to meet such expenses. s. 9; Mar. 2, 1829, ss. 1, 2, 3. two last-named acts in Mayo and Moulton. Reimburse ment. See act of Mar. 1, 1889. Unclaimed pen Mar. 3, 1873, s. SEC. 4719. The failure of any pensioner to claim his pensions; disposi sion for three years after the same shall have become due tion of. shall be deemed presumptive evidence that such pension 26; July 27, 1868, has legally terminated by reason of the pensioner's death, 8.3; Apr. 6, 1838, s. 1; Aug.29,1842, remarriage, recovery from the disability, or otherwise, and the pensioner's name shall be stricken from the list of pen 8.3. |
