5 10 15 20 25 30 day on which they were actually signed by them. They must also have their pension certificates with them to show to the magistrate when the oath is administered. Violations of the above provisions, or executing vouchers without being dated, or post-dating them, or withholding pension money from pensioners, subject the offending parties to a fine, to imprisonment, or to the penalties of subornation of perjury. "The pledging of pension certificates for any purpose, and buying or advancing money on pension vouchers, are expressly forbidden. The holding of the certificate, or transfer of the vouchers, does not prevent the subsequent payment of a pension, and, being in violation of law, cannot protect a debt. The provisions in the oath of attorney having been enacted into a penal law, may be enforced against pensioners who sell or transfer their interest, as well as against those in whose favor the transfer or pledging is made, and those who shall falsely take the oath of attorney. "Reasonable grounds for suspecting the improper execution of vouchers, or that advances have been made on them, or that the pension certificate is held as security, authorize a refusal to pay, and their retention for investigation. No deduction for advances or any debt can be made from pension money prior to the delivery to the pensioner. Pension agents are authorized not to recognize any person who habitually charges excessive fees, by remitting money to them, or paying them in person. "Biennial examinations of army invalids, not exempt, are due September 4 in each odd year, (1867-69, &c.,) provided their pension commenced prior to the preceding 4th day of March. Biennial examinations of navy invalids are due January 1 in each even year, 35 (1868-270, &c.,) provided their pension commenced prior to the preceding 1st day of July. No medical examination of a pensioner should be made until the time of applying for the payment of his pension, and if any pensioner is dissatisfied with the certificate given, he will 40 not be allowed to procure another without first submitting his case for instructions. "Pensioners residing within a convenient distance of the agency are required, when able, to draw their pension in person, and the expense of preparing their vouch45 ers at the agency is limited to the following fees: For preparing vouchers, 25 cents; for oath of identity, 15 cents. "On the first payment there will be another fee of 15 cents for oath of allegiance. Widows having minor children, and guardians, must furnish the additional 'oath of two witnesses that the children are alive. "On vouchers prepared with a power of attorney the fees will be 25 cents; for oath of identity, (the fees varying in different States.) 12 to 25 cents; for oath of attorney at the agency, 15 cents. "On the first payment there will be the additional fee for oath of allegiance-12 to 25 cents. Widows having minor children, and guardians, must furnish the oath of two witnesses that the children are living. "No additional sum should be paid by pensioners, except it may be for postage or for a certificate of the official character of the magistrate Form N to be filed 15 at the agency. This expense, being shared by several in the same neighborhood or town, will be very trifling to each, and only paid once during the magistrate's term of office. The magistrate should be requested to cause this certificate of official character to be filed at the 20 agency, as an unnecessary repetition of single certificates on separate vouchers will not be permitted at the expense of pensioners. After filing it, it would be well for the magistrate or pensioner to note this fact on successive vouchers. When their vouchers are executed, 25 pensioners can, if no other course is preferred, inclose them in a letter, directed, when his name is unknown, to "Pension Agent," adding the town and State where the pension is payable, and he will remit the money as directed. Upon satisfactory representation that more 30 fees have been exacted than above mentioned, with name and residence of the offending party, a prompt investigation will be had. "It is required that all pensioners who are not in the present possession of their pension certificates shall 35 immediately apply in person, or by letter, for their return. Should the application be refused or evaded, notify this office or the pension agent, giving the name and residence of the parties withholding them. "In making inquiries in regard to any pensioner. it 40 should be stated whether the same is an army or navy case, and at what agency payment was last made. The number of the pension certificate, when known, and the pensioner's post office address, should also be given. "By reference to their pension certificates, pensioners 45 will not only learn the date when their pension_COM 5 10 15 mences, and the rate allowed, but widows will under. stand the conditions on which, and the length of time, the additional rate of $2 per month will continue to be paid for each minor child. "Blank forms for vouchers, for transfers, for duplicate certificates, for oaths of allegiance, and for drawing arrears after the death of a pensioner, with suitable directions printed thereon, are gratuitously furnished to pensioners on application. "The voluntary co-operation of pensioners is necessary to realize the benefit of the material reduction in the expenses of collecting their pensions. With their assistance the department will certainly be more able, as well as more encouraged, in its efforts to secure to each the full value of the generosity of the government." Corroboration requisite. of Testimony claimants insufficient. Before whom testimony may be taken. Authority in claims pending at CHAPTER III. EVIDENCE. All facts, testimony of which is required to establish a claim, must be proven by the affidavits of two or more credible witnesses, unless other evidence is hereinafter specified. The statements of claimants, unless duly corroborated, are not accepted as evidence. Testimony, in support of allegations made in a declaration, may be taken before any officer whose authority 10 and signature are duly certified, and who shall disclaim any interest, direct or indirect, in the prosecution of the claim. Persons desiring to complete claims pending at the decease of appli- decease of the claimants must furnish a duly verified 15 certificate of their authority as heirs or legal representatives. cant. Evidence in foreign countries. errors. All evidence obtained in foreign countries should be sworn to before a consul or other officer representing the United States government, or before some magis- 20 trate whose authority shall be certified by such consul or representative. Discrepancies or Explanations of discrepancies or corrections of errors in affidavit must be made under oath by the party who made the error, with such corroborative testimony as 25 the nature of the case may demand. Evidence of ser vice. Evidence of disability or death. obtained from official sources. Upon the reception of a claim for pension, evidence of the service alleged in the declaration will be sought in the proper departments of the general government, or in the office of the adjutant general of the State; 30 and if not there found, the claim will not be further considered until the deficiency in said records shall have been supplied. Evidence of disability or death, with the cause and date, will be sought from the proper official sources, 35 When not to be before calling upon the claimants therefor. When said evidence cannot be obtained from these sources, the claimant will be required to furnish the same in accordance with the annexed specific instructions, compliance with which must be full and definite. When desertion or misconduct is charged. If it is charged that any soldier or seaman was guilty of misconduct (by reason of which he was dishonorably 40 5 dismissed) in the service in which the disability on In claims of invalids, the origin, nature, degree, and Invalids. In no case will the certificate of an examination by 10 unappointed civil surgeons be accepted, unless it is satisfactorily shown by the affidavit of one or more disinterested and credible witnesses, that an examination by a commissioned or duly appointed surgeon is impracti cable; on such proof, the certificate of two unappointed civil surgeons will be accepted; but neither will be conclusive when there is conflicting proof. 15 If the claimant enlisted under an assumed name, identity must be clearly established by the testimony of his commanding officer, or, if this cannot be had, by 20 that of other persons who knew the claimant both before and after he entered the service, and who were cognizant of his enlistment under said assumed name. When certifi cates of unappoin ted civil surgeons are admissible. of Certificates clusive if there be surgeons not con conflicting proof. Identity. If the applicant had been commissioned to the rank Muster of officer. claimed, and evidence of his muster into the rank 25 does not exist in the office of the Adjutant General or other records of the government, other satisfactory proof of muster must be furnished; or, if not mustered, If not mustered. his commission, discharge, and final statements must, Commission, disif possible, be filed; and it must be shown that the statements, when 30 failure to muster was not due to any fault of the person so commissioned, or to his disability, or the non-existence of a vacancy; the best proof on these points will be the affidavit of the proper mustering officer, or of some superior officer having personal knowledge of the 35 facts. charge, and final required. Increase. tificate of pension. If claiming increase, the original certificate must be returned; and such evidence as to the disability as is not already on file, and as to any other disability than that previously specified, must be the same as that Evidence of same 40 required in original claims. 45 nature as in orig inal claims. If claiming for arrears, no proof additional to that Arrears. In claims of widows for original pension, the death of Widows. Proof of death. |