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sions.

P. 469.

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 Mar. 3, 1878. shall be allowed and computed in the cases which bave Arrears of ponbeen or shall hereafter be allowed shall be graded accord

Mar. 3, 1879, ing to the degree of the pensioner's disability from time to ch. 187, s. 1, v. 20, time and the provisions of the peusion laws in force over the period for which the arrears shall be computed.

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: Pro. vided, 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 Seo 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 here. after 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. An act approved March 9, 1878, chap. 28, vol. 20, p. 97, of 1812.

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. The fifth section of the act approved July 25, 1882, chap. speeial and gent

Pensions under 319, v. 22, p. 176, provides “that no person who is now oral 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 Offico Digest, p. 154.)

of ante-rebellion

Pension for loss An act approved March 3, 1879, chap. 200, v. 20, p. 484, of sight of both eyes.

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

causés occurring in the service of the United States. Jan. 25, 1879. That all pensions which have been granted under the Commencement general laws regulating pensions, or may hereafter be of

Jan. 25,1879,ch. granted, in consequence of death from a cause which origi23,8.1, 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 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 applicaB.: 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, 8. 2; Feb. the claim is made, or within three years of the termination 4, 1932; 2; May of a pension previously granted on account of the service 24, 1828, s. 2.

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 exccuted: 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:

Provided, That where such declarations or other papers quired to 1180 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 character.

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 terın of office.

SEC. 2. That the Commissioner of Pensions may accept

for. 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

R.S.

Officers not re

Pension papers

in claims of In. dians.

and affidavits ex. ecuted under for

acts made

not allowable.

Mar. 3, 1873, s.

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. Declar ations fore a United States Indian agent.

SEC. 3. That any and all declarations or affidavits now Declarations on file in the Pension Bureau which are considered informal by reason of not having been executed in conformity to the mer

good. laws leretofore 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.

SEC. 4. That all acts and parts of acts inconsistent with Repeal. the provisions of this act are hereby repealed. SEC. 4715. Nothing in this Title shall be so construed as

Two pensions to allow more than one pension at the same time to the same person or to persons entitled jointly; but any pensioner. Bis 105 June who shall so elect may surrender his certificate, and receive, 9., 186., 8.12. 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 itoyalty requito any person, or to the widow, children, or heirs of any de Mar, 3, 1873, s. ceased person, who in any manner voluntarily engaged in, y...

23; July 14, 1862, or aided or abetted, the late rebellion against the authority See act Feb. 4. of the United States.

1862, and joint

resolution Mar.2, 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 bereafter die, his widow, 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 a part of the assets of the estate of deceased, por liable 25: July 1864 to be applied to the payment of the debts of said estate in 8. 6; July 25, 1866

s. 4; July 27, 1868, any case whatever, but shall inure to the sole and exclusive

8.9; Mar. 2, 1829, benefit of the widow or children; and if no widow or child s. 2, June 19,1810, survive, no payment whatsoever of the accrued pension Also, “seo note shall be made or allowed, except so much as may be neces.

two last-named sary to reimburse the person who bore the expenses of the acts in Mayo and last sickness and burial of the decedent, in cases where he

Reimburse. did not leave sufficient assets to meet such expenses.

SEC. 4719. The failure of any pensioner to claim his pen- sions disposi: sion for three years after the same shall have become due tion of. shall be deemed presuinptive evidence that such pension 26; July 27,1868, has legally terminated by reason of the pensioner's death, 8.3: Apr. 6, 1838, remarriage, recovery from the disability, or otherwise, and S 1. Aug.29,1842 the pensioner's name shall be stricken from the list of pen.

1867.

Accrued pen

Mar. 3, 1873, s.

to each of the

Moulton.

ment.

See act of Mar. 1, 1889.

sioners, subject to the right of restoration to the same on a new application by the pensioner, or, if the pensioner is dead, by the widow or minor children entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in cases of invalids who were not exempt from biennial examinations as to the continuance of the

disability. Pensions under SEC. 4720. When the rate, commencement, and duration Mar. 3, 1873, s. of a pension allowed by special act are fixed by such act, 27 July 27, 1868, they shall not be subject to be varied by the provisions and 8. 1. Seo amend limitations of the general pension law; but when not thus ngent act Juno 6, fixed, the rate and continuance of the pension shall be sub, Amended by ject to variation in accordance with the general laws, and 1874, and s.5, act

its commencement shall date from the passage of the special of July 25, 1882. act, and the Commissioner of Pensions shall, upon satisfac

tory evidence that fraud was perpetrated in obtaining such special act, suspend payment thereupon until the propriety

of repealing the same can be considered by Congress. Both pension SEC. 4724. No person in the Army, Navy, or Marine Corps and pay not al. lowed, unless, shall draw both a pension as an invalid, and the pay of his

rank or station in the service, unless the disability for which Apr. 30, 1844, the pension was granted be such as to occasion his employ. 1.52:657; Aug ment in a lower grade, or in the civil branch of the service. 16, 1841, v.5,

act of June 6,

etc.

See note 9.

P. 440.

General service. Act Apr. 30, 1844. As to persons in the civil service of the United States, see Mar. 3, 1865, 8.1; June 6, 1866, 8. 5, and act of Mar. 1, 1879.

Pension to offi. cers and seamen

SEC. 4728. If any officer, warrant or petty officer, seaof the Navy dig. man, engineer, first, second, or third assistant engineer, abled prior to fireman or coal heaver of the Navy or any marine has been

Ang. 11,1848, ss. disabled prior to the fourth day of March eighteen hundred Emili 979:283 and sixty.one by reason of any injury received or disease Apr. 23, 1800, 8.8. contracted in the service and line of duty, he shall be enti

tled to receive during the continuance of his disability a pension proportionate to the degree of his disability not exceeding half the monthly pay of his rank as it existed in January eighteen hundred and thirty-five. But the pension of a chief-engineer shall be the same as that of a lieutenant of the Navy; the pension of a first assistant engineer the same as that of a lieutenant of marines; the pension of a second or thirol assistant engineer the same as that of a forward officer; the pension of a fireman or coalheaver the same as that of a seaman; but an engineer, fireman or coal-heaver shall not be entitled to any pension by reason of a disability incurred prior to the thirty-first day of August eighteen hundred and forty-two.

Note 9.- The object of the proviso in the act of 1844 (sec. 4724, R. S.) was to prohibit the payment to any one serving in the Army, Nary, or Marine Corps of both pay and pension, except whero the disability for which the pension is allowed is such as to have occasioned his employment in a lower grade or somo civil branch of the service. (Op., XIV, p. 94, Aug. 8, 1872, Williams. See also IV, p. 587; V, p. 51; VI, p. 718.)

SEC. 4729. If any person referred to in the preceding sec

Naval pensions

to widows and tion has died in the service, or injury received or disease children. contracted under the conditions therein stated, his widows.4,9; 3,1;. 98.48. shall be entitled to receive half the monthly pay to which 283. the deceased was entitled at the date of his death; and in case of her death or marriage, the child or children under sixteen years

of

age shall be entitled to the pension. But the rate of pension herein allowed shall be governed by the pay of the Navy as it existed in January, eighteen hundred and thirty-five; and the pension of the widow of a chief engineer shall be the same as that of a widow of a lieutenant in the Navy; the pension of the widow of a first assist. Soe Mar. 3,

1877, following. ant engineer shall be the same as that of the widow of a lieutenant of marines; the pension of the widow of a second or third assistant engineer the same as that of the widow of a forward officer; the pension of the widow of a fireman or coal-heaver shall be the same as that of the widow of a seaman. But the rate of pension prescribed by this and the preceding section shall be varied from and after the twenty-fifth day of July, eighteen hundred and sixty-six, in accordance with the provisions of section four thousand seven hundred and twelve of this Title; and the widow of an engineer, fireman, or coal-heaver shall not be entitled to any pension by reason of the death of her husband if his death was prior to the thirty-first day of August, eighteen hundred and forty-two.

That from and after the passage of this act, the pension Mar. 3, 1877. for total disability of passed assistant engineers, assistant Supp. R. S., p. engineers, and cadet engineers in the naval service, respec. 19 Stat. L., 403 tively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have rela- to be according to

gineers in Navy tive rank; and that all acts or parts of acts inconsistent relative rank.

R. S., sec. 4728. herewith be, and are hereby, repealed.

Feb. 24, 1874,

ch. 35, 8.1. Rates fixed by Pension Office for certain disabilities not specified by law.

Digest of Laws, Loss of an eyo.

one-half. Loss of a thumb

one-half. Loss of an index finger

three-eighths. Loss of a finger.

one-fourth. Loss of a toe.

one-fourth. Loss of a great too

one-half. Inguinal hernia..

one-half. Double inguinal hernia

three-fourths. Anchylosis of elbow joint.

total.

Pensions to en.

See note 10.
Pension Office

1881, p. 232.

RATES FIXED BY LAW FOR TOTAL DISABILITY.

Navy and Marine Corps.

Month. Captain and all officers of higher rank; commander.; lieutenant Pension Office

commanding and master commanding ; surgeon, paymaster and Digest of Laws, chief engineer ranking with commander by law; lieutenant-col

1881, p. 231.

See note 11. onel and all of higher rank in the Marino Corps....

$30 Lieutenant, passed assistant surgeon, surgeon, paymaster and chief

engineer ranking with lientenant by law, and major in Marine Corps

25

Note 10.-Grade of " cadet engineer" abolished and "naval cadet" substituted by Act of Ang. 5, 1882, ch. 391, par. ).

Note 11. The matter in heavy-faced type has been inserted in the foregoing table to meet recent legislation.

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