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JOINT RESOLUTION in relation to the pensions of widows of rev-
olutionary soldiers, approved February 18, 1867.-(Revised Stat-
utes, vol. xiv, No. xvi.)

Pensions of wid

Be it resolved by the Senate and House of Representatives 5 of the United States of America in Congress assembled, That the pensions of widows of revolutionary soldiers Resolution of whose names are now upon the pension rolls, and who February 18, 1867. were married to revolutionary soldiers prior to January ows of revolutionfirst, eighteen hundred, be, and the same are hereby, ary soldiers to be increased to and shall be paid at the same rate as the from what date. deceased soldiers would be entitled under existing laws, of April 1, 1864, is if now living; such increase and payment to be made hereby given to from the thirtieth day of September, eighteen hundred and sixty-five.

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15

Approved February 18, 1867..

increased, and

Stipend of act

widows.

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AN ACT to grant pensions, approved July 14, 1862.-(Revised Stat-
utes, vol. xii, chap. clxvi.)

[To provide for pensions to invalids of the war of the rebellion and
their relatives, &c.]

Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assem-

Proportionate to disabily, and dur

bled, That if any officer, non-commissioned officer, musi- Persons entitled cian, or private of the army, including regulars, volun- to invalid pension. teers, 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 35 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 the highest disability, to commence as hereinafter provided, and continue during the existence 40 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 Rates in army. States, whether regulars, volunteers, or militia, and in the marine corps, shall be as follows, viz: Lieutenant 45 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, musi50 cians, and privates, eight dollars per month. The pension for total disability for officers, warrant or petty

ing its existence.

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officers, and others employed in the naval service of the Rates in navy. 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 chief engineer, 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 10 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 per- 15 sons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension But one pension. as is herein provided for the rank in which they hold commissions.

Widow or chil

of husband or fa

SEC. 2. And be it further enacted, That if any officer dren, from death or other person named in the first section of this act ther, during wid- has died since the fourth day of March, eighteen hunowhood, or minor- dred and sixty-one, or shall hereafter die, by reason of

ity.

child, dependent

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any wound received or disease contracted while in the 25
service of the United States, and in the line of duty,
his widow, or, if there be no widow, his child or children
under sixteen years of age, shall be entitled to receive
the same pension as the husband or father would have
been entitled to had he been totally disabled, to com-
mence from the death of the husband or father, and to
continue to the widow during her widowhood, or to the
child or children until they severally attain to the age
of sixteen years, and no longer.

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SEC. 3. And be it further enacted, That where any 35 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, 40 and in the line of duty, and has not left nor shall not leave a widow nor legitimate child, but has left or shall If no widow or leave a mother who was dependent upon him for supmother. (See sec. port, in whole or in part, the mother shall be entitled 12, act of June 6, to receive the same pension as such officer or other per- 45 act of July 27, Son would have been entitled to had he been totally 1868, for provi- disabled; which pension shall commence from the death thers and broth. Of the officer or other person dying as aforesaid: Proers.) Provided, no vided, however, That if such mother shall herself be in widow and mo- receipt of a pension as a widow, in virtue of the pro- 50 visions of the second section of this act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance: And provided further, That the pension at given to a mother on account of her son shall terminate 55 on her remarriage: And provided further, That nothing

1866, and sec. 1,

sion as to fa

pension both as

ther.

Terminates remarriage.

5

herein shall be so construed as to entitle the mother of an officer or other person dying, as aforesaid, to more than one pension at the same time under the provisions of this act.

Not more than one pension.

If no widow, child, or mother,

teen. (See sec. 12,

SEC. 4. And be it further enacted, 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 10 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, orphan dependent under sixteen years of age, who were dependent upon sisters, until six15 him for support, in whole or in part, such sister or act of June 6, 1866, sisters shall be entitled to receive the same pension and sec. 1. act of July 27, 1868, for as such officer or other person would have been entitled provision as to fato had he been totally disabled; which pension to said ers.) orphan shall commence from the death of the officer or 20 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 Only one pen25 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

thers and broth

been engaged in or who have aided or abetted the exist- Loyalty requi 30 ing rebellion in the United States; but the right of such site. 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. And be it further enacted, That pensions which 35 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 Commencement persons in all cases in which the application for such of pension, when 40 provisions [pensions] is filed within one year after the within one year. date of said discharge; and in cases in which the appli- 6, act of July 27, cation is not filed during said year, pensions granted to 1868.) persons employed as aforesaid shall commence on the day of the filing of the application.

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SEC. 6. And be it further enacted, 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 50 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 Öffice, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Com55 missioner of Pensions, for each affidavit so required and executed and forwarded, (except the affidavits of sur

application filed

(Repealed by sec.

fees.

Agents 12, act of July 4

(Repealed by sec.

1864.)

overcharge. (Re

1864.

geons, for which such agents and attorneys shall not be
entitled to any fees,) one dollar and fifty cents.

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Penalties for SEC. 7. And be it further enacted, That any agent or pealed by sec. 13, attorney who shall, directly or indirectly, demand or act of July 4 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 offense be 15 fined not exceeding $300 or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offense.

paid.

SEC. 8. And be it further enacted, That the Commis

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sioner of Pensions be, and he is hereby, empowered to 20 Examining sur- appoint, at his discretion, civil surgeons to make the geons' fees-how 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 fee for each of such examinations, and the requisite certificate thereof, shall be $1 50 which fee shall be paid to the surgeon by the person examined, for which he shall take a receipt and forward the samé to the Pension Office; and upon the allowance of the 30 claim of the person examined, the Commissioner of Pensions shall furnish to such persons an order on the pension agent of his State for the amount of the surgeon's fees.

Instruction and

forms.

SEC. 9. And be it further enacted, That the Commis- 35 sioner 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 40 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 45 Notice of issue Commissioner of Pensions shall forthwith notify the applicant or claimant that such certificate has been issued, or allowance made, and the amount thereof. Persons on gun- SEC. 10. And be it further enacted, That the pilots, boats, &c., not engineers, sailors, and crews upon the gunboats and 50 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; 55

of certificate.

mustered.

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 5 each and every such person shall receive pay according

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to corresponding rank in the naval service: Provided, No pension or That no person receiving pension or bounty under the bounty for other provisions of this act shall receive either pension or service in same bounty for any other service in the present war.

war.

"and heirs of persons

sec 4, act of July

SEC 11. And be it further enacted, That the widows Widows and heirs of all persons described in the last preceding designated in sec. section who have been or may be employed as aforesaid, 10. (Repealed by or who have been or may be killed in battle, or of those 4, 1864.) who have died or shall die of wounds received while so 15 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. And be it further enacted, That the Secretary of the Interior be, and he is hereby, authorized to 20 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 25 receive for his services an annual salary of $1,200, and his actual traveling expenses incurred in the discharge of his duties shall be paid by the government.

SEC. 13. And be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act 30 be, and the same are hereby repealed.

Approved, July 14, 1862.

Repealing clause.

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AN ACT supplementary to an act entitled "An act to grant pen-
sions," approved July 14, 1862; approved July 4, 1864.-(Revised
Statutes, vol. xiii, chap. ccxlvii.)

inations by an ap

com

geon; certificates

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the biennial examinations of pensioners required Biennial examby an act approved March three, eighteen hundred and pointed or fifty-nine, may be made by one surgeon only, provided missioned sur40 he is a surgeon of the army or navy, or an examining of unappointed surgeon duly appointed by the Commissoner of Pen- surgeons, when to sions; nor shall the biennial certificate of two unappointed civil surgeons be accepted in any case, except upon satisfactory evidence that an examination by a 45 commissioned or duly appointed surgeon is impracticable.

be accepted.

Surgeon's fees.

(See sec. 8, of this

SEC. 2. And be it further enacted, That all fees paid to examining surgeons for biennial examinations, or for act, and sec. 8, act examinations especially ordered, as provided by the of July 14, 1862.) 50 eighth section of the act to grant pensions, approved July fourteen, eighteen hundred and sixty-two, shall be refunded by the agent for paying pensions in the

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