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ented or caused to be patented in a foreign country, unless, July 8, 1870, s.

25, p. the same has been introduced into public use in the United States for more than two years prior to the application. But every patent granted for an invention which has been previously patented in a foreign country shall be so limited as to expire at the same time with the foreign patent, or, if there be more than one, at the same time with the one having the shortest term, and in no case shall it be in force more than seventeen years.

The Secretary of the Interior and the Commissioner of Mar. 3, 1988. Patents are authorized to grant any officer of the govern- 22 Stat. L. 603. ment, except officers and employees of the Patent Office, a patent for any invention of the classes mentioned in sec- tain cases.

Mar. 3, 1883, v. tion forty-eight hundred and eighty six of the Revised 22. p. 62. Statutes, when such invention is used or to be used in the See note 1. public service, without the payment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if patented, may be used by the government or any of its officers or employees in the prosecution of work for the government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent.

Patents withont fees in cer.

Note 1.-- Where proposals are invited for an article, and one of the bidders claims that he has a patent on it, the contract should not be awarded to any other unless satisfactory evidence is furnished that the other (not the patentee) has authority from the patentee to manufacture and sell it. (Op., XV, 26, July 23, 1875, Pierrepont.)

An official in the military se ric not specially employed to make experiments may devise new and useful improvements in arms, tenis, and war material, and will be entitled to the benefits of his inventions and to letters patent therefor equally with any other citizen. (C. C., VII, 219; Wallace, 12, p. 236.)

Where a contract between a patentee and the Government for the use of an inven. tion provides that it may be determined by notice from the patentee, the Govern. ment can determine it only by discontinuing its use. (C.C., IV, p. 113. Aflirmed by Supreme Court. See Holt's Digest, p. 88 and p. 112, for discussion of the rights of Government employees to compensation for the use of their inventions by the Government.)

The Secretary of the Navy cannot legally contract with the patentee for the pur. 19 A. G. O., p. chase of his patent, or for a license to use it, under an appropriation limited to the 407. purchase of material and the employment of labor in the manufacture of such article out of it.


4692. Who may have pensions.
4693. Classes enumerated.
4694. Limitation in case of disability.
4695. Pension for total disability.
4696. Rate of pension shall be accord.

ing to rank held at time disabil

ity was contracted.
4697. Rate and commencement of pension

for permanent and specific disa

bilities, etc.
4698. Rate and commencement of pen-

sion for permanent and specitic
disabilities subsequent to June 4,

46981. Commencement of increase for dis.

abilities not permanent and spe.

Act Mar. 4, 1890. Pensions, in-
crease to totally helpless soldiers

and sailors.
4699. Pensions for disability not other.

wise provided for.
4700. Sick leave, sick furlough, veteran

furlough, line of duty.
4701. Date when service terminates.
4702. Widows and minors, when entitled.
4703. Increase pension to widows, etc.
4704. Legitimacy of children.
4705. Widows of colored and Indian sol.

diers entitled.
4706. Abandonment by widow of minor

child or children forfeits pension.
4707. Succession of dependent relatives.
4708. Remarriage.
4711. Arrears of pension.
4712. Provisions of former acts extended

Act Jan., 1879. Commencement of

4713. Commencement of ante-rebellion

Act July 26, 1892. Declarations and

other papers in pension claims,

before who executed. 4715. Two pensions not allowable.

4716. Loyalty reqnisite.
4718. Accrued pension, in whom vested,
4719. Unclaimed pensions, disposition of.
4720, Pensions under special acts.
4724. Both pension and pay not allowed

unless, etc.
4728. Pension to otticers and seamen of the

Navy disabled prior to March 4,

1861. 4729. Naval pensions to widows and chil

dren. Act Mar. 3, 1877. Pensions to en.

gineers in Navy to be according

to relativo rank. Act Mar. 3, 1877. Rates fixed by law

for total disability, Nary and

Marine Corps. 4734. Pensions are not to be withheld. 4735. Time for which a widlow shall not re

ceive a pension. 4736. Pensions to certain soldiers and sail

ors of the war of 1812. 4737. Rate of pension to soldiers and sail.

ore of the war of 1812. 4738. Pensions to surviving widows of

officers, etc., of the war of 1812. 4739. Proof required. 4740. Loss of discharge certificate. 4741. Pension to officers and seamen of rer.

elue-cutters. 4742. Certain claims for Revolutionary

pensions prohibited. 1743. Evidence necessary to enable wid.

ows of Revolutionary soldiers to

obtain pensions. 4715, Any pledge, mortgago, sale, resign

ment, or transfer of pension void. 4747. Pension not liable to attachment. 1748. Commissioner of Pensions shall fur

nish printed instructions free of

charge. 4749. Certain soldiers and sailors not to be

deemed desertera.

Title 37.

SEC. 4692. Every person specified in the several classes Who may have enumerated in the following section, who has been, since pepsions. the fourth day of March, eighteen hundred and sixty-one,

July 14, 1862, s. 1; Mar. 3, 1873, s. or who is hereafter disabled under the conditions therein 1, v. 17 1:56stated, shall, upon making due proof of the fact, according 18, p. 61; Mar. 3, to such forms and regulations as are or may be provided in 1877, v. 19, p. 403.

pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability.

SEC. 4693. The persons entitled as beneficiaries under the preceding section are as follows:

First. Any officer of the Army, including regulars, volun

, and enlisted men, teers, and militia, or any officer in the Navy or Marine Corps, etc. 19 A. G.Op. or any enlisted m:n, however employed, in the military or

Mar. 3, 1873, s. naval service of the United States, or in its Marine Corps, li July 14, 1862

whether regularly mustered or not, disabled by reason of Whether regu- any wound or injury receivel, or disease contracteil, while larly mustered or

in the service of the United States and in the line of duty.

Classes merated.


Officers of Ar



g. 10

Second. Any master serving on a gun-boat, or any pilot, Master, etc. engineer, sailor, or other person not regularly mustered, boat, etc. serving upon any gun-boat or war-vessel of the United, July 4, 1864, 9. States, disabled by any wound or injury received, or other s. 1: July 14, 1862 wise incapacitated while in the line of duty, for procuring his subsistence by manual labor.

Third. Any person not an enlisted soldier in the Army, Volunteers, not serving for the time being as a member of the militia of July, 1862, res. any State, under orders of an officer of the United States, joi, M., T.;,,. 578 or who volunteered for the time being to serve with any July 4, 1864, s. 9; regularly organized military or naval force of the United July 27, 1868, S. States, or who otherwise volunteered and rendered service s.2: Mar. 3. 1873 in any engagement with rebels or Indians, disabled in con-$:1; Mar. 3, 1899, sequence of wounds or injury received in the line of duty v. 19, p. 403. in such temporary service. But no claim of a State militiaman, or non-enlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid mless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disa- Acting assist

ant surgeon, etc. bled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marsbal, or Provost - mar.

shal, etc. enrolling officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor.

That the act entitled “An act amending the pension law Aug. 1, 1892. so as to remove the disability of those who, having partic. 27 Stat. L., 340. ipated in the rebellion, bave since its termination enlisted Sup. 1. S. in the Army of the United States, and become disabled," Pensions. approved March third, eighteen hundred and seventy-seven, mar. 3, 1871, ch. be, and the same is hereby, amended so as to read as follows: 120 (

1 Supp. R. s., That the law prohibiting the payment of any money on account of the pensions to any person, or to the widow, may be paid

to persons aiding children, or heirs of any deceased person who, in any man-rebellion, after ner, engaged in or aided or abetted the late rebellion against wards disabled in

U. S. Army or the authority of the United States, shall not be construed Navy. to apply to such persons as afterward voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty."

SEC. 4694. No person shall be entitled to a pension by Limitation in reason of wounds or injury received or disease contracted it vincurred since

July 27, 1868. Note 1.-By R. S., sec. 4716, no pension is to be paid to any person, or those claim. ing under him, “who in any manner voluntarily engaged in, or aided or abetted, the late rebellion against the authority of the United States.''

The act of 1877, March 3, ch. 120 (1 Supp. R. S., 147), directed that this prohibition United States, but omitted any reference to the Navy. It is the object of this act to supply that omission. sbollit not apply to persons who afterwards voluntarily enlisted in the Army of the

Other exceptions are made to the rule contained in R.S., sec. 4716, by 1878, March 9, ch. 28, secs. 5. 6(1 Supp, R. S., 154, 155), granting pensions for service in the war of 1812; by 1887, January 29, ch. 70, sec. 5 (1 Supp. R. S., 521), granting pensions for service in the Mexican war; and by 1892, July 27, ch. 277, sec. 6, ante, p. 55, granting pensions for service in the Indian wars of 18:12–1812.

The Interior Department has also beld (6 Pension Decisions, 289) that this section bas no application to claims under the act of 1890, June 27 ch.634 (1 Supp. R. S., 760).


See note 1.

See note 2.

sion for total dig.

s. 1.

8. 1.


Contract geon.

Mar. 3, 1873, s. in the service of the United States subsequent to the July 27, 1868, s.2. twenty-seventh day of July, eighteen hundred and sixty

eight, unless the person who was wounded, or injured, or See secs. 4756, 4757, Pension contracted the disease was in the line of duty; and, if in Funds 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. Rates of pen

SEC. 4695. The pension for total disability shali be as ability. follows, namely: For lieutenant-colonel and all officers of

Mar. 3, 1873, higher rank in the military service and in the Marine Corps, 2; July 14, 1862,

and for captain, and all officers of higher rank, commander,

. cer, provost and 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. nr. 3,1873: chief engineer, respectively ranking with lieutenant by 8.2, v. 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, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost. marshal, seventeen dollars per month; for second lieutenant 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 adinirals and paymasters and of other officers commanding vessels, *** master's mate, and all warrant officers in the naval service, 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, sailors, 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

p. 12.S., P.P. the Navy for disability, or on account of their death, shall

See note 3.
See sec. 4699


Note 2.-An to rate for passed assistant engineers, assistant engineers, and cadet engineers in the Navy, see act March 3, 1877. As to rate for "ensigns," "cadet midshipmen," "clerks of admirals," and of "other officers 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 furlongh; 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 resnlt of insanity; wrestling or scuffling with comrades; foraging, unless under orders, even if granted leave to do so; while contined in a military prison on charge of desertion; while undergoing sentence of court-martial. (Pension Office Decisions, pp. 157, 160.)

be the same as theretofore provided for lieutenants commanding.

Lieutenant. commanders' pension. R. S., sec. 4695.

Title 57.

Seo note 4.

8. 3.

SEC, 4696. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension Rate of pension as is provided in the preceding section, for the rank he held shall be raccord at the time he received the injury or contracted the disease at time disability 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- July 1971 362,567 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 person 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 spe pension than hereinafter mentioned, who shall have lost subsequent to both feet in the military or naval service and in the line of prior to June 3, duty, shall be entitled to a pension of twenty dollars per 18War. 3, 1873, s. month; for the same period those persons who, under like 3, July 4, 1864, s circumstances, shall have lost both hands or the sight of June 25. 1866. both eyes, shall be entitled to a pension of twenty-five dol-1.5 Mar. 3, 1863, lars per month; and for the period commencing March third, 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 commencing 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

hands, both eyes, to a pension of fifteen dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, ant Mar. 3. 1875. and ending June third, eighteen hundred and seventy-two, For log ampu.

at ip those persons entitled to a less pension than hereinafter

joint, see act Mar. mentioned, who by reason of injury received or disease con-3, 1879, tracted in the military or naval service of the United States 6, 1866. 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 , Soc. 12, act July disabled as to render them utterly helpless, or so nearly so As to total and as to require regular personal aid and attendance of an- permanent helps other person, shall be entitled to a pension of twenty-five amendment act dollars per month; and for the same period those who under 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

and foot, see act

For loss of both

or both feet, see


Sec. 1, act Juno

June 18, 1874, and act June 16, 1880.

Note 4. The rank of soldiers at time of disability governs rate of pension. Rank under a cominission dated after the contraction of disability does not lix rate not conferred by a commission unless a vacancy existed in such rank. Pension of widow to be rated according to rank of husband at the time he received the injury which resulted in the fatal disease. (Pension Office Digest.)

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