Certificate. 1. Interrogatory. What is your name, your residence, and occupation? 1. Answer. My name is M. N.; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross-interrogatories proposed to him by Q. R., counsel for Y. Z., as follows-viz.: 1. Cross-interrogatory, etc. STATE OF 1136. Certificate to be Annexed by Magistrate. [City and] County of At 88. in said county, on the day of M. N. A. D. 18, before me personally appeared the above-named M. N., and made oath that the foregoing deposition, by him subscribed, contains the whole truth, and nothing but the truth. of record, or by leaving a copy at the party's usual place of residence, with some member of the family who has arrived at the years of discretion. The testimony must (if either party desires it) be taken in answer to interrogatories having the questions and answers committed to writing in their regular order by the magistrate, or, under his direction, by some person not interested in the issue, nor the agent or attorney of one who is. The deposition, when complete, must be signed by the witness. The magistrate must append to the deposition his certificate, stating the time and place at which it was taken, the names of the witnesses, the administration of the oath, at whose request the testimony was taken, the occasion upon which it is intended to be used, the names of the adverse party (if any), and whether they were present. No notice will be taken, at the hearing, of any merely formal or technical objection, unless it may reasonably be presumed to have wrought a substantial injury to the party raising the objection; nor even then, unless, as soon as that party became aware of the objection, he immediately gave notice thereof to the patent office, and also to the opposite party, in forming him at the same time that, unless corrected, he should urge his objection at the hearing. By section 1 of the act of Congress of March 2, 1861, it is provided that affida vits and depositions required in cases pending in the Patent Office, and such affidavits and depositions may be taken before any justice of the peace or other officer authorized by law to take depositions to be used in the courts of the United States, or in the State courts of any State where such officer shall reside. To secure the attendance of reluctant witnesses, the same statute provides that, and in any contested case pending in the patent office, the clerk of any court of the United States or any district or territory, may issue subpoenas for any witnesses within the said district or territory, commanding such witnesses to appear and testify before any above-named officer, residing within the district or territory; if any witness, duly served with subpoena, refuses or neglects to appear, or, appearing, refuses to testify (not being privileged), any judge of the court whose clerk issued the subpoena, may proceed to enforce obedience, or to punish the disobedience as in case of disobedience to a subpoena issued by a court. Witnesses are entitled to the same compensation as witnesses attending the courts of the United States. But no witness can be required to attend at more than forty miles from the place where he is served, nor be deemed guilty of contempt for refusing to disclose any secret invention made or owned by him: nor for disobeying a subpoena, unless his fees are paid or tendered him at the time of the service. Superscription. The said deposition is taken at the request of A. B., to be used upon the hearing of an interference between the claims of the said A. B. and those of Y. Z., before the commissioner of patents of the United States, at his office, on the next. The said Y. Z. was duly notified, as appears by the original notice hereto annexed, and attended by Q. R., his counsel [or, but did not attend], certified by me. day of [Signature of officer.] [Annex notice with proof of service.] 1137. Superscription to be Written on the Envelope Containing the Deposition. I hereby certify, that the depositions of M. N., S. T., etc., relating to the matter of interference between A. B. and Y. Z., were taken, sealed up, and addressed to the commissioner of patents, by me. [Signature of officer.] CHAPTER LXIX. PENSIONS. UNDER the act of Congress approved July 14, 1862, (a) pensions are granted to the following classes of persons: 1. Invalids, disabled since March 4, 1861, in the military or naval service of the United States, in the line of duty. 2. Widows of officers, soldiers or seamen, dying of wounds received, or of disease contracted in the military or naval service, as above. 3. 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. 4. Mothers 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. 5. 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, which is as follows: "That if any officer, noncommissioned officer, musician or private of the army, including regulars, volunteers and militia, or any officer, warrant or petty officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the navy or marine corps, has been, since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is hereinafter provided in such cases, and for an inferior disability, an amount proportionate to (a) 12 U. S. Stat. at L., 566. General Principles. the highest disability, to commence as hereinafter provided, and continue during the existence of such disability. The pension for a total disability for officers, non-commissioned officers, musicians and privates, employed in the military service of the United States, whether regulars, volunteers or militia, and in the marine corps, shall be as follows-viz.: Lieutenant-colonel, and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first-lieutenant, seventeen dollars per month; second-lieutenant, fifteen dollars per month; and non-commissioned officers, musicians and privates, eight dollars per month. The pension for total disability for officers, warrant or petty officers, and others employed in the naval service of the United States, shall be as follows-viz., Captain, commander, surgeon, paymaster and chief-engineer, respectively, ranking with commander by law, lieutenant commanding and master commanding, thirty dollars per month; lieutenant, surgeon, paymaster and chiefengineer, respectively, ranking with lieutenant by law, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics, master, assistant surgeon, assistant paymaster and chaplain, twenty dollars per month; first assistant engineers and pilots, fifteen dollars per month; passed midshipman, midshipman, captain's and paymaster's clerk, second and third assistant engineer, master's mate, and all warrant officers, ten dollars per month; all petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pensions as is herein provided for the rank in which they hold commissions." 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 becomes 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 (including evidence of identity) 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 other than that indicated above, 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 forms below numbered, respectively, 1138 to 1142, will guide applicants for pensions, of the army branch, in the several classes. The instructions here given are those issued by Government. 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 Pension Laws. his averment of the fact proved by persons of known respectability, who st 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 p plicant must produce the testimony of at least two credible witnesses who were in a condition to know the facts about which they testify), whe character must be vouched for by a judicial officer, or by some one know a the department. The witnesses must give a minute narrative of the sea a relation to the matter, and must show how they obtained a knowledge of the facts to which they testify. 4. The usual certificate of disability for discharge should show the o character and degree of the claimant's disability; but when that is wanting defective, the applicant will be required to be examined by some surgeon zg ularly appointed, unless clearly impracticable. 5. The habits of the applicant, and his occupation since he left the service should be shown by at least two credible witnesses. If the applicant claims a pension as the widow of a deceased officer or side she must prove the legality of her marriage, the death of her husband that she is still a widow. She must also furnish the names and ages of the decedent's children under sixteen years of age at her husband's decease, and the place of their residence. On a subsequent marriage her pension will cent and the minor child or children of the deceased officer or soldier, if any living, under the age of sixteen years, will be entitled to the same in her stead from the date of such marriage, on the requisite proof, under a new declaratia Proof of the marriage of the parents and of the age of claimants will be quired in all applications in behalf of minor children. The legality of th marriage, in either case, may be ascertained by the certificate of the clergy who joined them in wedlock, or by the testimony of respectable persons having knowledge of the fact, in default of record evidence, which last must a be furnished, or its absence shown. The ages and number of children may be ascertained by the deposition of the mother, accompanied by the testimony of respectable persons having knowledge of them, or by transcripts from the parish or town registers duly authenticated. A mother, to be entitled to a pension, as having been wholly or partly de pendent on a deceased officer or soldier, must prove that the latter contribute to her support for a certain period, showing specifically in what manner to what extent. If the claimant be a dependent sister, like proof will be required of the ma riage of her parents, and of her relationship to the deceased. Guardians of minor claimants must, in all cases, produce evidence of thi authority as such, under the seal of the court from which their appointment is obtained. Applicants of the last four classes enumerated at the head of this chapte who have in any manner aided or abetted the rebellion against the United States Government, are not entitled to the benefits of this act. Invalid applicants who are minors may apply in their own behalf, without the intervention of a guardian. Attorneys for claimants must have proper authority from those in whose be half they appear. Powers of attorney must be signed in the presence of w witnesses, and acknowledged before a duly qualified officer, whose official character must be certified under seal. In all cases the post-office address of the claimant must be distinctly stated over his or her proper signature. Applications under this act will be numbered and acknowledged, to be acted on in their turn. In filing additional evidence, correspondents should always give the number of the claim as well as the name of the claimant. I. ARMY PENSIONS. 1138. Invalid's application for pension.. 1189. Widow's application..... TAGS 1140. Guardian's application on behalf of minor children.. 566 Army Pensions. 1141. Mother's application.... 1142. Guardian's application on behalf of orphan sisters.. ya II. NAVY PENSIONS AND PRIZE-MONEY. 1148. Invalid's application for pension.. 1145. Guardian's application on behalf of minor children.. PAGE 595 596 537 597 597 598 On this I. ARMY PENSIONS. 1138. Invalid's Application for Army Pension. day of where the application is stoorn to. ] } 88. 18 personally appeared before me, a [here give name and title of officer duly authorized to administer oaths], within and for the county and State aforesaid, A. B., a resident of years, who, being first duly sworn, according to law,* declares that he is the identical A. B. who enlisted in the service of the United States at on the day of aforesaid, and in the line of his duty, on or about the , in the year of our Lord 18 he received the following wound [or other disability, as the case may be; and here give a particular and minute account w of the wound or other injury, and state how, when and where it occurred, where the applicant has resided since leaving the service, and what has been his occupation]. He makes this application for a pension, provided by the act of Congress approved July 14, 1862 [and hereby appoints J. K., of his lawful attorney, and authorizes him to present and prosecute this claim, and to receive and receipt for any orders or certificates that may be issued in satisfaction thereof.](b) My post-office address is as follows [stating it]. [Signature of claimant.] ALSO personally appeared before me, M. N. and O. P., residents of in the county of and State of to me well known as credible persons, who, being duly sworn, declare that they were present and saw said A. B. sign his name [or, make his mark] to the foregoing declaration, and that they believe, from the appearance of the applicant and their acquaintance with him, that he is the identical person he represents himself to be, and that his character and habits are good, and that his occupation (b) This clause, appointing an attorney, not essential. |