Act 29 Jan., AN ACT granting pensions to the soldiers and sailors of the Mexican war, and for other purposes. 1887. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized Who entitled. and directed to place on the pension-roll the names of the surviving officers and enlisted men, including marines, militia, and volunteers, of the military and naval services of the United States, who being duly enlisted, actually served sixty days with the Army or Navy of the United States in Mexico, or on the coasts or frontier thereof, or en route thereto, in the war with that nation, or were actually engaged in a battle in said war, and were honorably discharged, and to such other officers and soldiers and sailors as may have been personally named in any resolution of Congress for any specific service in said war, and the surviving widow of such officers and enlisted men: Provided, That such widows have not remarried: Provided, That every such officer, enlisted man, or widow who is or may become sixty-two years of age, or who is or may become subject to any disability or dependency equivalent to some cause prescribed or recognized by the pension laws of the United States as a sufficient reason for the allowance of a pension, shall be entitled to the benefits of this Act; but it shall not be held to include any person not within the rule of age or disability or dependence herein defined, or who incurred such disability while in any manner voluntarily engaged in or aiding or abetting the late rebellion against the authority of the United States. Proviso. Proviso. Rate of pension. Proviso. Rules and regulations to be SEC. 2. That pensions under section one of this Act shall be at the rate of eight dollars per month, and payable only from and after the passage of this Act, for and during the natural lives of the persons entitled thereto, or during the continuance of the disability for which the same shall be granted: Provided, That section one of this Act shall not apply to any person who is receiving a pension at the rate of eight dollars per month or more, nor to any person receiving a pension of less than eight dollars per month, except for the difference between the pension now received (if less than eight dollars per month) and eight dollars per month. SEC. 3. That before the name of any person shall be prescribed by the placed on the pension-roll under this Act, proof shall be Secretary of Interior. made, under such rules and regulations as the Secretary of the Interior may prescribe, of the right of the applicant to a pension; and any person who shall falsely and cor be deemed per of The loss Loss tificate cerof dis ruptly take any oath required under this Act shall be deemed, False oath to guilty of perjury; and the Secretary of the Interior shall jury cause to be stricken from the pension-roll the name of any person whenever it shall be made to appear by proof satisfactory to him that such name was put upon such roll through false and fraudulent representations, and that such person is not entitled to a pension under this Act. of the certificate of discharge shall not deprive any person charge. of the benefits of this Act, but other record evidence of enlistment and service and of an honorable discharge may be deemed sufficient: Provided, That when any person has Proviso. been granted a land-warrant, under any Act of Congress, for and on account of service in the said war with Mexico, such grant shall be prima facie evidence of his service and honorable discharge; but such evidence shall not be conclusive, and may be rebutted by evidence that such landwarrant was improperly granted. Section 4716 repealed so far as SEC. 4. That the pension laws now in force which are not inconsistent or in conflict with this Act are hereby made a part of this Act, so far as they may be applicable thereto. SEC. 5. That section forty-seven hundred and sixteen of the Revised Statutes is hereby repealed so far as the same conflicts. relates to this Act or to pensioners under this Act. SEC. 6. That the provisions of this Act shall not apply to Political disaany person while under the political disabilities imposed by the fourteenth amendment to the Constitution of the United States. Approved, January 29, 1887. The provisions of the above Act extended by the following AN ACT granting pensions to Powell's Battalion of Missouri Mounted bility. Act 3 Mar., 1891. Powell's Bat Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension-roll the names of all of the honorably discharged surviving officers and enlisted men of Powell's Battalion of Missouri Mounted Volunteers, talion. raised under the act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war with Mexico; and the names of the surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws of the United States for pensioning the survivors of the war with Mexico. Approved, March 3, 1891. Act 5 Jan., AN ACT granting increase of pension to soldiers of the Mexican war in certain cases. 1893. certain Mexican Be it enacted by the Senate and House of Representatives of Increase in the United States of America in Congress assembled, That the war cases. Secretary of the Interior be, and he is hereby, authorized to increase the pension of every pensioner who is now on the rolls at eight dollars per month on account of services in the Mexican war and who is wholly disabled for manual labor, and is in such destitute circumstances that eight dollars per month are insufficient to provide him the necessaries of life, to twelve dollars per month. Approved, January 5, 1893. AN ACT granting pensions to Gray's Battalion of Arkansas Volunteers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the names of all of the honorably discharged surviving officers and enlisted men of Gray's Battalion of Arkansas Volunteers, raised under the Act of Congress of May thirteenth, eighteen hundred and forty-six, for service during the war with Mexico; and the names of surviving widows of such officers and enlisted men, subject to the limitations and regulations of the pension laws of the United States for pensioning the survivors of the war with Mexico. Received by the President, February 5, 1897. (NOTE BY THE DEPARTMENT OF STATE.-The foregoing Act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.) LAWS RELATIVE TO THE PAYMENT OF ACCRUED PENSIONS. SEC. 4718. Accrued pension, title to. Act March 2, 1895. Accrued pension, how and to whom paid. sion; title to, first in widow, second in children. Sec. 10, Act 4 25 July, 1866; Sec. SEC. 4718. If any pensioner has died or shall hereafter Accrued pendie, or if any person entitled to a pension, having an appli- vested cation therefor pending, has died or shall hereafter die, his minor child or widow, or if there is no widow, the child or children of such Sec. 25, Act 3 person under the age of sixteen years shall be entitled to Mar., 1873. See receive the accrued pension to the date of the death of such July, 1864; Sec. 6, Act 6 June, person. Such accrued pension shall not be considered as a 1866; Sec. 4, Act part of the assets of the estate of deceased, nor liable to be 9, Act 27 July, applied to the payment of the debts of said estate in any 2 Mar., 1829; Secs. case whatever, but shall inure to the sole and exclusive June, 1840. benefit of the widow or children; and if no widow or child to each of the survive, no payment whatsoever of the accrued pension Acts in Mayo and shall be made or allowed, except so much as may be neces sary to reimburse the person who bore the expenses of the 1889, p. 105. last sickness and burial of the decedent, in cases where he ment. did not leave sufficient assets to meet such expenses. 1868; Sec. 2, Act 1, 2, 3, Act 19 Also see note two last-named Moulton. Reimburse The above Section amended by the following Act: AN ACT to provide for the payment of accrued pensions in certain Act2 Mar., 1895. cases. sions, how and Be it enacted by the Senate and House of Representatives of Accrued penthe United States of America in Congress assembled, That from to whom paid. and after the twenty-eighth day of September, eighteen hundred and ninety-two, the accrued pension to the date of the death of any pensioner, or of any person entitled to a pension having an application therefor pending, and whether a certificate therefor shall issue prior or subsequent to the death of such person, shall, in the case of a person pensioned, or applying for pension, on account of his disabilities or service, be paid, first, to his widow; second, if there is no widow, to his child or children under the age of sixteen years at his death; third, in case of a widow, to her minor children under the age of sixteen years at her death. Such accrued pension shall not be considered a part of the assets of the estate of such deceased person, nor be liable for the payment of the debts of said estate in any case whatsoever, but shall inure to the sole and exclusive benefit of the widow or children. And if no widow or child survive such pensioner, and in the case of his last surviving child who was such minor at his death, and in case of a dependent mother, father, sister, or brother, no payment whatsoever of their accrued pension shall be made or allowed except so much as may be necessary to reimburse the person who bore the expense of their last sickness and burial, if they did not leave sufficient assets to meet such expense. And the mailing of a pension check, drawn by a pension agent in payment of a pension due, to the address of a pensioner, shall constitute payment in the event of the death of a pensioner subsequent to the execution of the voucher therefor. And all prior laws relating to the payment of accrued pension are hereby repealed. Approved, March 2, 1895. |