CHAPTER IV. QUALIFICATIONS, ETC., OF WITNESSES AND MAGIS- TITLE. Other than near relatives. It is desirable, though not indispensable, that the Witnesses. 5 parties testifying to any fact in the prosecution of a claim be other than near relations of the claimant, and that they be persons of considerable intelligence, able, at least, to write their own names. are accepted. The simple certificates of judicial officers using a What certifi10 seal, or of commissioned army officers in actual service, cates without oath will be accepted without affidavit; but all other witnesses must testify under oath. cific. Corroboration Witnesses should not simply confirm, in general terms, allegations made by other parties; but all the to be full and spe15 facts to which they testify should be fully stated in their own depositions, together with their personal knowledge of the facts alleged, the means of their information, their disinterestedness in the prosecution of the claim, and their post office address. 20 Disinterestedness and postoffice address of nesses. Magistrates. wit The officer who takes the deposition must certify as to his knowledge of the credibility of the witnesses, and Deposition and how such knowledge is obtained. If they sign by mark, he must certify that the contents of their deposition were made fully known to 25 them before swearing. 30 35 credibility of wit ness. To be read to witness. He must specify what particular erasures, interlinea- Erasures, &c. tions, and additions have been made in the deposition, and certify that they were, each and all of them, made with the knowledge and sworn consent of the deponent. He must certify as to his own interest in the claim. Disinterested ness of magis If his commission is not on file in this office, his offi- trates. Authority of cial character and the genuineness of his signature officer must be must be duly certified, under seal of a court of record, or of the secretary of the State in which the authority was granted. He should also state his post office address. shown. Post office ad dress of officer. FORMS Court officer. Enlistment. Service. Discharge. A. Declaration for original pension of an invalid. STATE OF On this hundred and County of day of ss: A. D. one thousand eight 5 personally appeared before me, a duly authorized officer of a court of record in and for the county and State aforesaid who, being duly sworn according to law, declares: That he is the identical name of who enlisted under the 10 in the military (or naval) service of the United States, at -, on the- day of in the year -, [here state the company and regiment and was honorably in the year -; follows: Age eyes- ; that, while in the service aforesaid and in the line of his 20 Disability, treat- duty, he received the following wounds, (or disability, as description of the the case may be,) and that he was treated therefor in cause of disability the following named (or numbered) general hospitals: its progress, &c. [here give a particular and minute account of the wound or other injury, and state how, when, and where it 25 Residence, occu- occurred, and his present physical condition; where the applicant has resided since leaving the service, and what has been his occupation.] pation and habits of applicant. Agent. That he hereby appoints his attorney Other applica to prosecute his claim; that he has never received or 30 post office address, applied for pension; that his residence is at No. in street, in street, in -, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say: They were present and the claimant, sign his name (or make his mark) to the foregoing declaration; that they have every reason to believe, from the appearance of said claimant and their acquaintance with him, that he is the identical person he represents himself to be; and Disinterested that they have no interest in the prosecution of this claim. (Signature of witnesses.) 40 45 known. Sworn to and subscribed before me, this day of Jurat. A. D. —, and I hereby certify that the contents Contents made of the above declaration, &c., were fully made known and explained to the applicant and witnesses before 5 swearing, including the words erased, and the words added; and that I have no interest, Disinterestedness. direct or indirect, in the prosecution of this claim. (Official signature.) (The person administering the jurat should sign in 10 his own name.) For application for arrears see Form N. 3 PL Civil officer. peared before me, A. D. 18-, personally ap(here state the official character Applicant and of the person administering the oath) age. Service. aged years, who, being duly sworn according to law, declares per 5 A pensioner. that he is a pensioner of the United States, duly enrolled Name of agen- at the pension agency, at the rate of $cy; rate of pension. month, by reason of disability incurred in the military 10 (or naval) service of the United States, [here state the company and regiment if in the army, or the vessel and condi- rank if in the navy ;] that his present physical condition is such that he believes himself entitled to receive an increased pension; and that he herewith returns his 15 Pension certifi- present pension certificate. Present tion. rate. Nature of the bility. He further declares that he is disabled in the followextent of the disa- ing manner, to wit: [Here the declarant will particularly set forth the nature of his disability, and the extent to which he is incapacitated for manual labor or dependent upon the personal aid and attendance of Agent, residence, others.] That he hereby appoints his attorney and post office ad- to prosecute his claim. That his residence is at No. dress. Increase under act June 6, 1866. street, of 20 and 25 (Signature of claimant.) (Identification and ju at as in Form A.) NOTE.-In claims for increase under the first section of the act of June 6, 1866, if a pension has been granted for either of the disabilities set forth in said act, 30 or for a specific disability caused by a wound, at the lower rates provided for by the previous acts since the Formal declara- 4th of March, 1861, the formal declaration need not in certain cases. be required, an application such as that accepted in claims for arrears being deemed sufficient. tions not required For application for arrears see Form N. 35 C. Declaration of a widow for original pension, when no child A. D. 18-, personally a duly authorized officer of Court officer. Applicant's age. aged a court of record in and for the county and State aforesaid years, who, being duly sworn according to law, makes the following declaration, in 10 order to obtain the pension provided by the act of Congress granting pensions to widows: that she is the widow of who enlisted under the name of at A. D. [here state Soldier or sailor. on the day of vice. 15 rank if in the navy, and whether in other service, and Enlistment; serif so, what, and under what name,] in the war of who died of have died) at (or was missing and is believed to on the day of who bore at the time of his death the rank of and regiment, (or vessel if in Died or missing. Rank. Marriage. Prior marriage. No minor children. on the at there being no legal barrier to such marriage; that neither she nor her husband had been pre25 viously married, (or otherwise as the case may be ;) that she has, to the present date, remained his widow; (or if Not remarried. remarried, claimant will state when, where, to whom, and by whom;) that he, the said left surviving no minor child or children by either herself or any former wife; 30 that she has not in any manner been engaged in or aided or abetted the rebellion in the United States; that no prior application has been filed, either by her husband or herself, (or if any has been filed, date and number should be given ;) that she hereby appoints attorney to prosecute her claim; that her residence is at No. in street, in the of —, county of and that her post office to be respectable and entitled to credit, and who, being Credibility. Disinterested |