DEPARTMENT OF THE INTERIOR.-INVALID PENSION. I certify, that in conformity with the law of the United States, Edward Roe is inscribed on the Pension List, Roll of the New York agency, at the rate of eight dollars per month, to commence on the 4th day of March, 1863. No sale, transfer, or mortgage of any description whatever, of the whole or any part of the pension payable in virtue of this certificate, is of any legal binding force against either the pensioner or the United States. [L. S.] Given at the Department of the Interior, this 20th day of July, 1863. J. P. USHER, Secretary of the Interior. Examined and countersigned. Jos. H. BARRETT, Commissioner of Pensions. That he now resides in Morrisville, and has resided there for the space of two years past; and that previous thereto he resided in New York, and that he has not been employed or paid, in the army, navy, or marine service of the United States from the 4th day of March, 1863, to the present time, nor since the date of his last pension certificate. Sworn to and subscribed this 5th day of September, 1863, before me, With this must be forwarded a power of attorney, as follows: FORM No. 41. Power of Attorney to Collect Pensions. Know all men by these presents, that I, Edward Roe, of Morrisville, do hereby constitute and appoint Robert Sewell, my true and lawful attorney, for me, and in my name, to receive from the agent of the United States for paying pensions in New York, State of New York, my pension from the 4th day of March, 1863, to the 4th day of September, 1863. Witness my hand and seal, this 5th day of September, 1863 EDWARD ROE. [L. S.] Be it known, that on the 5th day of September, 1863, before the subscriber, a justice of the peace in and for said county, personally appeared Edward Roe above named, and acknowledged the foregoing power of attorney to be his act and deed. In testimony whereof, I have hereunto set my hand the day and year last above mentioned. EDWARD JONES, Justice of the Peace. The attorney will be obliged to take the following oath : Be it known, that on the 10th day of September, 1863, before me, Alpheus Forbes, pension agent, duly authorized by law to administer oaths, personally appeared Robert Sewell, the attorney named in the foregoing power of attorney, and made oath that he has no interest whatever in the money he is authorized to receive by virtue of the fore going power of attorney, either 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 whatever. ROBERT SEWELL. Sworn and subscribed the day and year last above named, before me, ALPHEUS FORBES, Pension Agent. BIENNIAL EXAMINATION. Invalid † pensioners are required by law to be examined every two years. The first biennial period commenced September 4th, 1859, for army pensions, and January 1st, 1860, for navy pensions. Persons who were pensioned for the loss of an arm or leg, or by a special act of Congress, will not be required to submit to this examination. If a new army pension commences on or after the 4th of *It appears that at common law a pension is capable of assignment, although otherwise as to half or other pay for continuing duties. The rule has been laid down thus: The principle which governs is that a man may always assign a pension given for past services, whether granted for life or during the pleasure of others. In such a case the assignee acquires a title both by law and equity, and may recover back any sum received in respect of it after the date of an assignment. But when the pension is granted not exclusively for past services, but as a consideration for some continuing duty or service, although the amount of it may be influenced by the length of service which the party has already performed, it is against the policy of the law that it should be assignable. Wells vs. Foster, 8 Meeson & Welsby, 152; Tunstall vs. Boothby, 10 Simons, 542; but see also Davis vs. Duke of Marlborough, 1 Swanston, 74; Grunfell vs. Dean and Canons of Windsor, 2 Beavan, 550. Congress, however, has altered the common law in this respect by statutes, and has made the pensions granted by the United States inalienable, either by way of gift, sale, pledge, or liability for debt. See act of Congress, 18th March, 1818, 3 Stat. 416. These provisions are truly in harmony with the spirit of the pension laws. They keep the pension guarded as a sacred fund, both from creditors and from the extravagance and folly of the pensioners themselves; for experience shows that were they able to alienate the munificence of Congress, they would, in too many cases, imitate Esau, and sell their inheritance for a mess of pottage, or perhaps oftener for a pot of messes. See act 3d March, 1859. March, 1861, or a new navy pension on or after July 1st, 1861, the biennial examination of such will not be required till the next period, viz., September 4th, 1863, and January 1st, 1864, and this rule will be applied in the same manner at each succeeding biennial period. If the degree of disability certified to is less than the rate at which last paid, the pension must be reduced accordingly; but it cannot be increased if the degree is greater. The act of July 14th, 1862, provides for the appointment, by the Commissioner of Pensions, of civil surgeons, to make the biennial examination. A list of these surgeons will be found herein, chapter XII. It is not considered necessary to give here a copy of the surgeon's certificate, as these surgeons, being officially appointed, have their own official blanks. For the convenience of pensioners there are two appointed surgeons in attendance at the pension office in New York, who will make the examination. The fee to be charged by such surgeons is one dollar and a half each, making three dollars, which the pension agent will return to the pensioner on presenting the receipt of the surgeons for the same. FORM No. 43. Form for a Widow Pensioner, residing at a distance from the Pension Agent, to enable her to collect her Pension. WIDOWS AND MOTHERS. [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 her 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 foreign 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 fee 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, with proof that he is an interested party, or was appointed at the request of the children. 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, Edward Roe, a justice of the peace in and for the said county, duly authorized by law to administer oaths, personally appeared Mary Walsh and made oath, in due form of law, that she is the identical person named in an original certificate in her possession, of which I certify the following is a true copy: DEPARTMENT OF THE INTERIOR.—WIDOW's CLAIM. I certify, that Mary Walsh, widow of Peter Walsh, who was killed in the service of the United States, is entitled |