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NAVAL. Certificates for arrears of navy pay and for prize money are issued in a manner similar to army claims, but they are payable by the navy agent at some particular place which is specified on the face of the certificate.
Pensions are paid by officers appointed for that purpose, called pension agents, of which there is one in each of the principal cities.
The pension certificate has indorsed upon it the name and place of business of the pension agent who is to pay it, and it will be paid by no other person, unless regularly transferred from his books to the books of some other agency.
Pensions are payable every six months; army pensions on the 4th of March and 4th of September, and navy pensions on the 1st of January and the 1st of July. *
When the pensioner himself goes to the pension agent's office, which he must do, if he lives in the same place, unless prevented by sickness, the agent prepares the papers necessary to be signed, and the pensioner must produce his pension certificate. +
When a pensioner is first paid he must be identified by two witnesses; in after payments this formality will not be necessary.
* The statute of limitations runs against pensions. If a pensioner omits to call and collect his pension for six years, his claim is barred, and Congress can alone give him relief. But an unallowed claim for a pension is not barred for delay in asserting the right. Under the act of 1862, however, invalids must apply within one year after discharge ; if they do not, the pension commences only from the date of application. See Opinion of Attorney-General, April 22d, 1845.
Where a pensioner bas, contrary to law, pledged his certificate for a debt, a new certificate will not be issued; but on proof of the facts, payment will be ordered to the pensioner without the production of the certificate. Opinion of Attorney-General, October 27th, 1832.
When a pensioner resides at a distance from the
pension agent the latter will furnish, on application, blank forms to
be filled up.
Each pensioner who is native born, or has been naturalized, is obliged to take once the oath of allegiance. If the pensioner be a minor the guardian must take the oath. Where the pensioner does not owe allegiance it should be properly explained. The following is the form of oath prescribed :
FORM No. 38.
Oath of Allegiance. I, John Doe, a pensioner of the United States, do solemnly swear that I will support, protect, and defend the Constitution and Government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance, and loyalty to the same, any ordinance, resolution, or law of any State Convention or Legislature to the contrary notwithstanding; and, further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever; and, further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God.
JOHN DOE. State of New York, City and County of New York,
Subscribed and sworn to before me, this 1st day of November, 1863. [l. s.]
All vouchers or any other papers executed with a view to obtaining payment of a pension, must be dated and exe cuted the day the pension becomes due or after. Papers cannot be executed previously.
The pension agents are authorized to administer oaths for the payment of pensions, but papers may be sworn to before any magistrate or officer authorized to administer oaths.
A county clerk's certificate that such officer is so authorized, and that his signature is genuine, will be required to be annexed to papers, except where the magistrate is known to the pension agent. In order to save the expense and trouble connected with being obliged to procure this certificate at each payment, a certificate may be procured from the county clerk, with the magistrate's signature attached, certifying that he is commissioned for such a time. This certificate may then be filed with the pension agent, and he will be able to certify to the official character of the magistrate, and to the genuineness of his signature by referring to it. A notary public using his seal does not need authentication.
The following form may be used for that purpose:
FORM No. 39.
Certificate of Clerk of Court. [This blank form is provided for the purpose of being filled up and filed in the Pension Agency, as to the official character, signature, and term of office of such magistrates as act officially in the preparation of vouchers on which pensions are paid. There will then be no necessity, when the magistrate on the vouchers is the same with that on file in the Agency, to execute the similar certificate provided for in the forms A–No. 3; E-No. 3; &c. The Agent will, on the receipt of such vouchers, compare the signature with that filed in the Agency, and, if satisfied, indorse on them “Certificate of official character of magistrate on file in this Agency.” A. B., Pension Agent. The object of this is to save the expense of having a certificate of clerk of court forwarded every time a magistrate has vouchers executed before him.
If, during a quarter, a pension agent is furnished in one voucher with a certificate of the official character of a magistrate, then that certificate will answer for and apply to the official acts of the same magistrate in all other vouchers in the same quarter, provided the agent will indorse on the latter, "For certificate of court, as to the official charac
ter of the magistrate, see voucher No. —;" but no such reference will be received unless the vouchers are rendered in the same quarterly account.
When the fact is personally known to the agent, he is permitted to certify to the official character of a magistrate, and will be held responsible for it.] (Official signature of magistrate.) EDWARD JONES,
of the Peace.
State of New York,
County of Madison, I, John Doe, Clerk of the Supreme Court of the county and State aforesaid, do hereby certify that Edward Jones is a Justice of the Peace in and for said county duly qualified to act as such; that his term of office commenced on the 1st day of November in the year 1863, and will expire on the 1st day of November in the year 1865, and that his signature above written is genuine.
Given under my hand and the seal of the said Court, , [L. 8.]
at Morrisville, on this 10th day of November, in the year of our Lord, 1863.
John Doe, Clerk.
An invalid pensioner resident at a place distant from the pension agent, will obtain the following form, in blank, from the agent, and, when it is duly executed, forward the same to his attorney for collection. Any friend residing at the place where the pension agent is will act as attorney.
FORM No. 40.
Form for obtaining Payment of Invalid Pension.
(As Acts of Congress provide for the termination of a widow's pension by remarriage, and prohibit the pledging or transfer of a pension certificate, the magistrate must require the pensioner to show the latter and compare it with the copy herein before certifying; also to inquire
of a widow or mother if she has remarried; and of the latter, if she is still dependent on her pension for support. Vouchers must be executed on or after the date to which the payment is claimed, and the deposition and power of attorney signed by the pensioner. Erasures and interlineations must be noted by the magistrate, and the power of attorney, as well as all signatures by a mark, executed in presence of at least one witness other than the officer before whom acknowledged. If the power of attorney is not presented within three months from its date, a new one will be required. When a notary public uses a regular seal, a certificate of his official character is not necessary, but a commissioner of deeds must furnish it; and all vouchers executed in a for. eign country before a United States consul, or having his certificate of the official character of a foreign magistrate, are sufficient. Each pensioner, or his attorney, must present himself at the agency to receive the money and to sign the receipts. Pension agents are authorized to administer oaths for payment of pensions only, and to charge the same fees allowed to officers in the State.
When a pension is terminated by death, marriage, expiration, or reenlistments, the arrears due are payable on demand, by surrendering the pension certificate; and when a male pensioner dies, the arrears due are payable to the widow only, if alive; if not, then it goes to his children. If no widow or children, the arrears should be paid to an administrator. If an army pension remains unclaimed for fourteen months, application must be made to the Third Auditor, with the usual deposition of the pensioner and proof of identity.
The post-office address of the pensioner will be required underneath his or her signature to the deposition, with the name and number of the street, if any, where living.]
Be it known, that before me, a Justice of the Peace, in and for said county, duly authorized by law to administer oaths, personally appeared Edward Roe, and made oath, in due form of law, that he is the identical person named in an original certificate in his possession, of which I certify the following is a true copy: