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SEC. 4. That where any officer or other person named in the first section of this act shall have died subsequently to the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States and in the line of duty, and has not left or shall not leave a widow, nor legitimate child, nor mother, but has left or may leave an orphan sister or sisters, under sixteen years of age, who were dependent upon him for support, in whole or in part, such sister er sisters shall be en. titled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension to said orphan shall commence from the death of the officer or other person dying as aforesaid, and shall continue to the said orphans until they severally arrive at the age of sixteen years, and no longer: Provided, however, That nothing herein shall be so construed as to entitle said orphans to more than one pension at the same time, under the provisions of this act: And provided, further, That no moneys shall be paid to the widow, or children, or any heirs of any deceased soldier on account of bounty, back pay, or pension, who have in any way been engaged in or who have aided or abetted the existing rebellion in the United States ; but the right of such disloyal widow or children, heir or heirs, of such soldier, shall be vested in the loyal heir or heirs of the deceased, if any there be.
Sec. 5. That pensions which may be granted, in pursuance of the provisions of this act, to persons who may have been, or shall be, employed in the military or naval service of the United States, shall commence on the day of the discharge of such persons in all cases in which the application for such provisions is filed within one year after the date of said discharge; and in cases in which the application is not filed during said year, pensions granted to persons employed as aforesaid shall commence on the day of the filing of the application.
Sec. 6. That the fees of agents and attorneys for making out and causing to be executed the papers necessary to establish a claim for a pension, bounty, and other allowance, before the pension office under this act, shall not exceed the following rates: For making out and causing to be duly executed a declaration by the applicant, with the necessary affidavits, and forwarding the same to the pension office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Commissioner of Pensions, for each affidavit so required and executed and forwarded, (except the affidavits of surgeons, for which such agents and attorneys shall not be entitled to any fees,) one dollar and fifty cents.
Sec. 7. That any agent or attorney who shall, directly or indirectly, demand or receive any greater compensation for his services under this act than is prescribed in the preceding section of this act, or who shall contract or agree to prosecute any claim for a pension, bounty, or other allowance under this act, on the condition that he shall receive a per centum upon or any portion of the amount of such claim, or who shall wrongfully withhold from a pensioner or other claimant the whole or any part of the pension or claim allowed and due to such pensioner or claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such offence, be fined not exceeding three hundred dollars, or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offence.
Sec. 8. That the Commissioner of Pensions be, and he is hereby, empowered to appoint, at his discretion, civil surgeons to make the biennial examinations of pensioners which are or may be required to be made by law, and to examine applicants for invalid pensions, where he shall deem an examination by a surgeon to be appointed by him necessary; and the fees for each of such examinations, and the requisite certificate thereof, shall be one dollar and fifty cents, which fees shall be paid to the surgeon by the person examined, for which he shall take a receipt, and forward the same to the pension office; and upon the allowance of the claim of the person examined, the Commissioner of Pensions shall furnish to such person an order on the pension agent of his state for the amount of the surgeon's fees.
Sec. 9. That the Commissioner of Pensions, on application made to him in person or by letter by any claimants or applicants for pension, bounty, or other allowance required by law to be adjusted and paid by the pension office, shall furnish such claimants, free of all expense or charge to them, all such printed instructions and forms as may be necessary in establishing and obtaining said claim; and in case such claim is prosecuted by an agent or attorney of such claimant or applicant, on the issue of a certificate of pension or the granting of a bounty or allowance, the Commissioner of Pensions shall forth with notify the applicant or claimant that such certificate has been issued or allowance made, and the amount thereof.
Sec. 10. That the pilots, engineers, sailors, and crews upon the gunboats and war-vessels of the United States, who have not been regularly mustered into the service of the United States, shall be entitled to the same bounty allowed to persons of corresponding rank in the naval service, provided they continue in service to the close of the present war; and all persons serving as aforesaid, who have been or may be wounded or incapacitated for service, shall be entitled to receive for such disability the pension allowed by the provisions of this act to those of like rank, and each and every such person shall receive pay according to corresponding rank in 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. 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. 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. That all acts and parts of acts inconsistent with the provisions of this act be, and the same are hereby, repealed.
[Approved, July 14, 1862.]
[By section 13 of the “Act to establish and equalize the grades of line officers of the United States navy,” approved July 16, 1862, chap. 183, vol. 12, p. 583, the relative rank between officers of the navy and the army shall be as follows, lineal rank only to be considered:
Rear-admirals with major-generals.
CHAPTER 180.- Approved, July 16, 1862.-Vol. 12, p. 577. An Act to prevent members of Congress and officers of the government of the United
States from taking consideration for procuring contracts, office, or place, from the United States, and for other purposes.
That any member of Congress or any officer of the government of the United States who shall, directly or indirectly, take, receive, or agree to receive, any money, property, or other valuable consideration whatsoever, from any person or persons, for procuring, or aiding to procure, any contract, office, or place, from the government of the United States or any department thereof, or from any officer of the United States, for any person or persons whatsoever, or for giving any such contract, office, or place to any person whomsoever, and the person or persons who shall, directly or indirectly, offer or agree to give, or give or bestow, any money, property, or other valuable consideration whatsoever, for the procuring or aiding to procure any contract, office, or place, as aforesaid, and any member of Congress who shall, directly or indirectly, take, receive, or agree to receive, any money, property, or other valuable consideration whatsoever after his election as such member, for his attention to, services, action, vote, or decision on, any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution of the United States be brought before him in his official capacity, or in his place of trust and profit as such member of Congress, shall, for every such offence, be liable to indictment as for a misdemeanor in any court of the United States having jurisdiction thereof, and, on conviction thereof, shall pay a fine of not exceeding ten thousand dollars, and suffer imprisonment in the penitentiary not exceeding two years, at the discretion of the court trying the same; and any such contract or agreement as aforesaid may, at the option of the President of the United States, be declared absolutely null and void; and any member of Congress or officer of the United States convicted as aforesaid shall, moreover, be disqualified from holding any office of honor, profit, or trust under the government of the United States.
[Approved, July 16, 1862.]
CHAPTER 190.—Approved, July 16, 1862.– Vol. 12, p. 589. An Act prohibiting the confinement of persons in the military service of the United
States in the penitentiary of the District of Columbia, except as a punishment for certain crimes, and to discharge therefrom certain convicts by sentence of courts-wartial, and for other purposes.
That hereafter no person in the military service of the United States, convicted and sentenced by a court-martial, sball be punished by confinement in the penitentiary of the District of Columbia, unless the offence of which such person may be convicted would by some statute of the United States, or at common law, as the same exists in the said District, subject such convict to said punishment.
SEC. 2. That all such persons in the military service, as aforesaid, who have heretofore been or may hereafter be convicted and sentenced by a court-martial for any offence which, if tried before the criminal court of said District, would not subject such person to imprisonment in said penitentiary, and who are now or may hereafter be confined therein, shall be discharged from said imprisonment, upon such terms and conditions of further punishment as the President of the United States may, in his discretion, impose as a commutation of said sentence.
Sec. 3. That upon the application of any citizen of the United