Pensions under special acts. 1874. 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. 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 s. 15; July 7, 1870, 8. 1. See amend Himitations of the general pension law; but when not thus ment act June 6, fixed, the rate and continuance of the pension shall be subAmended 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 satisfactory 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. act of June 6, etc. Both pension SEC. 4724. No person in the Army, Navy, or Marine Corps and pay not allowed, 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 employV. 5, p. 657; Aug. ment in a lower grade, or in the civil branch of the service. See note 9. 16, 1841, s.2, v.5, p. 440. Generalservice. Act Apr. 30, 1844. As to persons in the civil service of the United States, see Mar. 3, 1865, s. 1; June 6, 1866, 8. 5, and act of Mar. 1, 1879. Pension to offi cers and seamen Mar. 4, 1861. SEC. 4728. If any officer, warrant or petty officer, seaof the Navy dis. man, engineer, first, second, or third assistant engineer, abled prior to fireman or coal heaver of the Navy or any marine has been Aug. 11,1848, ss. disabled prior to the fourth day of March eighteen hundred July 1792 and sixty-one by reason of any injury received or disease Apr. 23, 1800, s. 8. contracted in the service and line of duty, he shall be enti 1, s. 11; 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 third 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, Navy, or Marine Corps of both pay and pension, except where the disability for which the pension is allowed is such as to have occasioned his employment in a lower grade or some civil branch of the service. (Op., XIV, p. 94, Aug. 8, 1872, Williams. See also IV, p. 587; V, p. 51; VI, p. 718.) Naval pensions to widows and ss. 1, 2, 3, v. 9, p. SEC. 4729. If any person referred to in the preceding section has died in the service, or injury received or disease children. contracted under the conditions therein stated, his widow Aug. 11, 1848, 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-See 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. Mar. 3, 1877. Supp. R. S., p. 148. 19 Stat. L., 403. That from and after the passage of this act, the pension for total disability of passed assistant engineers, assistant engineers, and cadet engineers in the naval service, respectively, shall be the same as the pensions allowed to officers Pensions to enof the line in the naval service with whom they have rela- to be according to tive rank; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. Rates fixed by Pension Office for certain disabilities not specified by law. gineers in Navy relative rank. R. S., sec. 4728. Feb. 24, 1874, ch. 35, s. 1. See note 10. Pension Office Digest of Laws, 1881, p. 232. Loss of a finger Captain and all officers of higher rank; commander; lieutenant $30 25 Note 10.-Grade of "cadet engineer" abolished and "naval cadet" substituted by Act of Aug. 5, 1882, ch. 391, par. 1. Note 11.-The matter in heavy-faced type has been inserted in the foregoing table to meet recent legislation. Month. Master, professor of mathematics, assistant surgeon, paymaster and First assistant engineer, ensign and pilot, and second lieutenant Cadet midshipman, passed midshipman, midshipman, clerks of admirals, paymasters, and of officers commanding vessels, second and third assistant engineers, masters, mates and warrant offi cers All enlisted men except warrant officers. Pensions are not to be withheld. 15 00 18 00 24 00 25 00 31 25 50 00 From March 3, 1883. $24.00 24.00 30.00 24.00 SEC. 4734. The provisions of law which allow the withholding of the compensation of any person who is in arrears Act May 20, shall not be construed to authorize the pension of any pensioner of the United States to be withheld. 1836. Time for which a widow shall not receive a pension. Act Apr. 30, 1844. See resolution Jan. 23, 1845. Pensions to certain soldiers war of 1812. Feb. 14, 1871, s. 9, 1878. SEC. 4735. No pension shall be granted to a widow for the same time that her husband received one. SEC. 4736. The Secretary of the Interior is directed to and sailors of the place on the pension-roll the names of the surviving officers and enlisted and drafted men, including militia and volun1. See act Mar. teers, of the military and naval service of the United States, who served sixty days in the war with Great Britain, of eighteen hundred and twelve, and were honorably discharged, and such other officers and soldiers as may have been personally named in any resolution of Congress for any specific service in that war, although their term of service may have been less than sixty days, subject, however, to the provisions of section forty-seven hundred and sixteen. SEC. 4737. Pensions, under the preceding section, shall tion; rate of. be at the rate of eight dollars per month, and shall be paid 2. See act Mar. to the persons entitled thereto for the term of their lives from and after the fourteenth day of February, eighteen hundred and seventy-one. But that section shall not apply to any person who is receiving a pension at the rate of eight Pensions under preceding sec Feb. 14, 1871, s. 9, 1878. dollars or more per month; nor to any person who is receiving a pension less than eight dollars per month, except for the difference between the pension now received and eight dollars per month. Feb. 14, 1871, s. SEC. 4738. The surviving widows of such persons as are Pensions to surviving widows of embraced within the provisions of the two preceding sec- officers, etc., of tions shall be allowed, on the conditions and limitations the war of 1812. therein expressed, the same pension that such persons them- 1. See act Mar. selves would have been entitled to receive thereunder if 9, 1878, s. G. living on the fourteenth day of February, eighteen hundred and seventy-one: Provided, however, Such widows were married to the husbands, on account of whose services the pension is claimed, prior to the treaty of peace which terminated the war of eighteen hundred and twelve, and have not remarried. .names may be Feb. 14, 1871, s. SEC. 4739. Before the name of any person is placed upon Proof required; the pension-roll under the three preceding sections, proof stricken from shall be made, under such regulations as the Secretary of pension rolls. the Interior may prescribe, that the applicant is entitled to 3. See act Mar. a pension under the provisions of the sections herein cited; 9, 1878. and the Secretary of the Interior shall cause to be stricken from the pension-roll the name of any person whenever it appears, by proof satisfactory, that such name was put upon such roll through false or fraudulent representations. 3. See act Mar. SEC. 4740. The loss of a certificate of discharge shall not Loss of dis charge certifideprive an applicant of the benefits of sections forty-seven cate. hundred and thirty-six, forty-seven hundred and thirty- Feb. 14, 1871, s. seven, and forty-seven hundred and thirty-eight, but other 9, 1878. proof of services performed and of an honorable discharge, if deemed satisfactory, shall be sufficient. cers and seamen SEC. 4741. The officers and seamen of the revenue cutters Pension to offi of the United States, who have been or may be wounded or of revenue cutdisabled in the discharge of their duty while co-operating teret Apr. 18, with the Navy by order of the President, shall be entitled 1814. to be placed on the Navy pension-list, at the same rate of pension and under the same regulations and restrictions as are provided by law for the officers and seamen of the Navy. for Revolution Act Apr. 2, SEC. 4742. From and after the second day of April,, Certain claims eighteen hundred and sixty-two, no claim for a pension, or ary pensions profor an increase of pension, shall be allowed in favor of the hibited. children or other descendants of any person who served in 1862. the war of the Revolution, or of the widow of such person, when such person or his widow died without having estab lished a claim to a pension. Resolution July SEC. 4743. In all cases where a pension has been granted Evidence nec. essary to enable to any officer or soldier of the Revolution in his life-time, widows of Revolutionary solthe evidence upon which such pension was granted shall be diers to obtain conclusive of the service of such officer or soldier in the pensions. application of any widow, or woman who may have been 1,1848. the widow, of such officer or soldier, for a pension; and upon proof by her that she was married to any such officer or soldier and that she is a widow, she shall thereupon be placed upon the pension-rolls at the same rate that such officer or soldier received during his life-time. mortgage, sale, sion void. s. 2; June 6, 1866, Any pledge, SEC. 4745. Any pledge, mortgage, sale, assignment, or assignment, or transfer of any right, claim, or interest in any pension which transfer of pen- has been, or may hereafter be, granted, shall be void and of Mar. 3, 1873, s. no effect; and any person acting as attorney to receive and 32; Apr. 10, 1806, s. 8; Mar.18, 1818, receipt for money for and in behalf of any person entitled 8. 4; July 7, 1838, to a pension shall, before receiving such money, take and subscribe an oath, to be filed with the pension agent, and Amended by by him to be transmitted, with the vouchers now required by law, to the proper accounting officer of the Treasury, that he has no interest in such money by any pledge, mortgage, sale, assignment, or transfer, and that he does not know or believe that the same has been so disposed of to any person. 8. 2. sec. 2, act of Feb. 28, 1883. Pension not liable to attachment. 8. 25; June 6, 1866, SEC. 4747. No sum of money due, or to become due, to any pensioner shall be liable to attachment, levy, or seizure Mar. 3, 1873, s. by or under any legal or equitable process whatever, whether s. 3; July 7, 1838, the same remains with the Pension Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner. 8.2. of Pensions shall of charge. 8.9. Commissioner SEC. 4748. That the Commissioner of Pensions, on applifurnish printed cation being made to him in person, or by letter, by any instructions free claimant or applicant for pension, bounty-land, or other Mar. 3, 1873, s. allowance required by law to be adjusted or paid by the 22: July 14, 1862. Pension Office, shall furnish such person, free of all expense, See sec. 4768. all such printed instructions and forms as may be necessary in establishing and obtaining said claim; and on the issuing of a certificate of pension or of a bounty-land warrant, he shall forthwith notify the claimant or applicant, and also the agent or attorney in the case, if there be one, that such certificate has been issued, or allowance made, and the date and amount thereof. Certain soldiers and sailors not to serters. 1867. SEC. 4749. No soldier or sailor shall be taken or held to be deemed de be a deserter from the Army or Navy who faithfully served Act July 19, according to his enlistment until the nineteenth day of April, eighteen hundred and sixty-five, and who, without proper See act Aug. 7, 1882, and act July authority or leave first obtained, quit his command or refused 5, 1884, and also to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. act May 17, 1886. |