Imagini ale paginilor
PDF
ePub

the naval service: Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present war.

SEC. 11. And be it further enacted, That the widows and heirs of all persons described in the last preceding section who have been or may be employed as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so employed, shall be paid the bounty and pension allowed by the provisions of this act, according to rank, as provided in the last preceding section.

SEC. 12. And be it further enacted, That the Secretary of the Interior be, and he is hereby, authorized to appoint a special agent for the Pension Office, to assist in the detection of frauds against the pension laws, to cause persons committing such frauds to be prosecuted, and to discharge such other duties as said Secretary may require him to perform; which said. agent shall receive for his services an annual salary of twelve hundred dollars, and his actual travelling expenses incurred in the discharge of his duties shall be paid by the government.

SEC. 13. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.

INSTRUCTIONS AND FORMS.

GENERAL PROVISIONS.

Under the act of Congress approved July 14, 1862, pensions are granted to the following classes of per

sons:

I. INVALIDS, disabled since March 4, 1861, in the military or naval service of the United States, in the line of duty.

II. WIDOWS of officers, soldiers, or seamen, dying of wounds received or of disease contracted in the military or naval service, as above.

III. CHILDREN, under sixteen years of age, of such deceased persons, if there is no widow surviving, or from the time of the widow's re-marriage.

IV. MOTHERS (who have no husband living) of officers, soldiers, or seamen, deceased as aforesaid, provided the latter have left neither widow nor children under sixteen years of age; and provided, also, that the mother was dependent, wholly or in part, upon the deceased for support.

V. SISTERS, under sixteen years of age, of such deceased persons, dependent on the latter, wholly or `in part, for support, provided there are no rightful claimants of either of the three last preceding classes.

The rates of pension to the several classes and grades are distinctly set forth in the first section of the act, a copy of which is herewith published. Only one full pension in any case will be allowed to the relatives of a deceased officer, soldier, or seaman, and in order of precedence as set forth above. When more than one minor child or orphan sister thus be

comes entitled to pension, the same must be divided equally between them.

Invalid pensions, under this law, will commence from the date of the pensioner's discharge from service, provided application is made within one year thereafter. If the claim is not made until a later date, the pension will commence from the time of the application. Pensions of widows and minors will commence from the death of the officer, soldier, or seaman, on whose service the claim is based.

ARMY PENSIONS.

Declarations are required to be made before a court of record, or before some officer of such court duly authorized to administer oaths, and having custody of its seal. Testimony may be taken before a justice of the peace, or other officer having like authority to administer oaths, but in no case will any evidence be received that is verified before an officer who is concerned in prosecuting the claim, or has a manifest interest therein.

The subjoined forms, marked, respectively, A, B, C, D, E, and F, will guide applicants for pensions, of the army branch, in the several classes. The forms should be exactly followed in every instance. No attorney will be regarded as having filed the necessary declaration and affidavits, as contemplated by the seventh section of the act, unless the forms, as well as the instructions given in this pamphlet, are strictly complied with.

In support of the allegations made in the claimant's declaration, testimony will be required in accordance with the following rules:

1. The claimant's identity must be proved by two witnesses, certified by a judicial officer to be respectable and credible, who are present and witness the signature of the declarant, and who state, upon oath or affirmation, their belief, either from personal acquaintance or for other reasons given, that he or she is the identical person he or she represents himself or herself to be.

2. Every applicant for an invalid pension must, if in his power, produce the certificate of the captain, or of some other commissioned officer under whom he served, distinctly stating the time and place of the said applicant's having been wounded or otherwise disabled, and the nature of the disability; and that the said disability arose while he was in the service of the United States and in the line of his duty.

3. If it be impracticable to obtain such certificate, by reason of the death or removal of said officers, it must be so stated under oath by the applicant, and his averment of the fact proved by persons of known respectability, who must state particularly all the knowledge they may possess in relation to such death or removal; then secondary evidence can be received. In such case the applicant must produce the testimony of at least two credible witnesses, (who were in a condition to know the facts about which they testify,) whose good character must be vouched for by a judicial officer, or by some one known to the department. The witnesses must give a minute narrative of the facts in relation to the matter, and must show how they obtained a knowledge of the facts to which they testify.

4. The surgeon's certificate for discharge should

show the character and degree of the claimant's disability; but when that is wanting, and when the certificate of an army surgeon is not obtainable, the certificate of two respectable civil surgeons will be received, in accordance with form F. These surgeons must give in their certificate a particular description of the wound, injury, or disease, and specify how and in what manner his present condition and disability are connected therewith. The degree of disability for obtaining subsistence by manual labor must also be stated.

5. The habits of the applicant, and his occupation since he left the service, must be shown by at least two credible witnesses.

If the applicant claims a pension as the widow of a deceased officer or soldier, she must prove the legality of her marriage, the death of her husband, and that she is still a widow. She must also furnish the names and ages of her children under sixteen years of age at her husband's decease, and the place of their residence. On a subsequent marriage her pension will cease, and the minor child or children of the deceased officer or soldier, if any be living, under the age of sixteen years, will be entitled to the same in her stead, from the date of such marriage.

Proof of the marriage of the parents and of the age of claimants will, in like manner, be required in all applications in behalf of minor children.

The legality of the marriage may be ascertained by the certificate of the clergyman who joined them in wedlock, or by the testimony of respectable persons having knowledge of the fact, in default of record evidence. The ages and number of children may

« ÎnapoiContinuă »