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Rate and com

June 4, 1872.

8.4.

1872.

See note 5.

act June 16, 1880.

of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a peusion 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 meonicerer bort and seventy-two, all persons entitled by law to a less penmanent and spo sion than hereinafter specified, who while in the military or subsequent to naval service of the United States, and in line of duty, shall

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 Juno 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 1.s to total and regular personal aid and attendance of another person, shall permanentebear; 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 circun

stances, shall have lost one hand and one foot, or been totally Forloss of hand and foot, seo 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, 1880

labor, but not so much as to require regular personal aid For loss of both and attendance, shall be entitled to a pension of twentyeyes, both hands, four dollars per month; and all persons who under like ciracts.June 17, 1878, cumstances, shall have lost one hand, or one foot, or been

totally and permanently disabled in the same, or otherwise

so disabled as to render their incapacity to perform manual For les ampu- labor equivalent to the loss of a hand or foot, shall be entiseo act Nar. 3; tled to a pension of eighteen dollars per month: Provided,

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. (46981.] Except in cases of permanent specific disa

bilities, no increase of pension shall be allowed to commence permanent and prior to the date of the examining surgeon's certificate

establishing the same, made under the pending claim for 4, v. 17, p. 569; Apr. 10, 1806, s.

increase, and in this, as well as all other cases, the certiti4: June 18, 1874, cate of an examining surgeon, or of a board of examining ch. 298, v. 18, p.

Note 5.-Amended by acts of June 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.

Mar. 3, 1879, and
Feb. 12, 1889.

1879.

8. 4.

deafness.

Commencement of increase for disabilities not

Mar. 3, 1873, 8.

78.

etc.

ch. 236,

Mar. 3, 1873, 8.

surgeons, shall be subject to the approval of the Commis. See 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 Super.For S., from injuries received or disease contracted in the service Pensions, in. and line of duty as to require the regular personal aid and frentes de totally

soldiers, attendance of another person, or who, if otherwise entitled, were excluded from the provisions of “An act to increase

R.S., secs.4698,

46981. 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

disability not be proportionally divided for any degree of disability estab

otherwise prolished 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 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 belonged. Mar. 3,

1873, 8. 6.) SEC. 4701. The period of service of all persons entitled Date when serv. to 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 3: June 6, 1866, 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

minory, when en. of sections forty-six hundred and ninety-two and forty-six titled. hundred and ninety-three has died since the fourth day of Mar. 3, 1873, s. March, eighteen hundred and sixty-one, or hereafter dies 2: July 14, 1862. s. by reason of any wound, injury, or disease, which, under 11: 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,

veteran fur.

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

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 elloct of which there is room for a difference of opinion, are not specific disabilities. (Op. Atty. Genl. Devens, May 17, 1878, P. O. Digest, p. 151.)

Disability to be pensionable must be of such a character and exist to such a degree that it can be detected by the oxamining 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.

etc.

1868, 8. 4.

without payment to her of any part of the pension herein. after 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 during hier 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 shall be entitled from the date

of remarriage. Increased pen. SEC. 4703. The pensions of widows sball be increased sions to widows,

Amen dod from and after the twenty-fifth day of July, eighteen hun. en act of Mar. 19, dred and sixty-six, at the rate of two dollars per month

Mar. 3, 1873. 8. for each child under the age of sixteen years of the hus. 8. 2;July 27, band on account of whose death the claim has been, or

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 the marriage,

shall be deemed legitimate. Widows of col.

SEC. 4705. The widows of colored and Indian soldiers soldiers entitled; and sailors who have died, or shall hereafter die, by reason evidence of mar of wounds or injuries received, or casualty received, or disof children: ete ease contracted, in the military or naval service of the 11: July 14, 1864, United States, and in the line of duty, shall be entitled to 1:66.23. This receive the pension provided by law without other evidence 15.1666, 6. 2: auto of marriage than satisfactory proof that the parties were Indian, ".. Mar.joined in marriage by some ceremony deemed by them

8. 5.

children,

10.

ored and Indian

3, 1873, . 11.

Amendment, Note 7.-- Except when such widow lias continned to draw the pension money after sec. 4702.

her remarriage, in contravention of law, and much child or children hare resided See act ap: with and been apported 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. 1882. ch. 438, v. 22,

p.345.

8. 11.

Pension to mi.

obligatory, or habitually recognized each other as man and 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

Mar. 3, 1873, 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 seventy. three.

SEC. 4706. If any porson has died, or shall hereafter die, Abandonment leaving a widow entitled to a pension by reason of his minor child or death, and a child or children under sixteen years of age children forseits by such widow, and it shall be duly certified under seal, by "Mar. 3, 1873, 8. any court having probate jurisdiction, that satisfactory 12; June 6, 1866,

8. 11; July 27, evidence has been produced before such court, upon due 1868, s. 8.

See act of Aug. notice to the widow, that she has abandoned the care of 7

7, 1882. 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 such 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. SEC. 4707. If any person embraced within the provisions , Succession

dependent rela. of sections forty-six hundred and ninety-two and forty-six tives. hundred and ninety-three has died since the fourth day of Mar. 3, 1873.9. 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, s. 12: July under the conditions and limitations of su sections, would See act ap: bave entitled him to an invalid pension, and has not left or

proved Mar. 19, 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 lie 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 inother who are dependent upon him, then, on the death of the mother, the father shall become entitled to the pension,

376 -24

9. 12.

of

1806,

Remarriage.

3, .

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 depend-
ent brothers and sisters uwder 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 contributions of said son or
of any other persons not legally bound to aid in her sup.
port; 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 dep
ent, 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 sup-
port: Provided, further, That the pension allowed to any
person on account of his or her dependence, as hereinbefore
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 $8.2, 3; July 4 bar her right to such pension to the date of her remarriage, 25, 1866, s.6; July whether an application therefor was filed before or after 27, 1868, s. 10.

such marriage; but on the remarriage of any widow, dependent mother, or dependent sister, having a pension, such

pension shall cease.* Arrears of pen.

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, samo 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 ing application

making application for arrears of pension.

SEC. 4712. The provisions of this Title in respect to the

rates pension to persons whose right accrued since the Mar. 3, 1873, s, fourth day of March, eighteen hundred and sixty-one, are act of June ø, 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 Juuc 9, sixty-one, to take effect from and after the twenty-fifth day

of July, eighteen hundred and sixty-six; and the widows of

sions.

17.

Mar.

1, 1889.

title.

for arrears.

Provisions of former acto OX tended.

1880.

July 25, 1866, 8.

1880,

Section 1709 was repealed by acts of Jannary 25 and March 3, 1879, and section 1710 by acts of January 25 and March 3, 1879.

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