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Sec.

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4692. Who may have pensions.

4693. Classes enumerated.

PENSIONS.

4694. Pensions for wounds received or diseases
contracted only in line of duty, &c.
4695. Rates of pension for total disability.
4696. Pension according to rank.

4697. Pensions for permanent specific disability
prior to June 4, 1872.

4698. After June 4, 1872.
46983. Increase of pensions.

4699. Pension for disability not otherwise pro-
vided for.

4700. Absentees.

4701. Period of service, how construed.

4702. Pensions to widows, or to children under
sixteen years, &c.

4703. Increased pension to widows, &c.
4704. What children deemed legitimate.

4705. Widows of colored and Indian soldiers, &c.
4706. Abandonment, &c., by widow.

4707. Succession of dependent relatives.
4708. Remarriage.

4709. Commencement of pensions after March 4,
1861.

4710. When pension deemed to have accrued.
4711. Arrears of pension.

4712. Provisions of pension-laws extended.

4713. Commencement of pensions for prior wars.
4714. Declaration of claimants.

4715. Only one pension at a time.
4716. Loyalty.

4717. Claims to be prosecuted within what time.
4718. Accrued pensions.

4719. Unclaimed pensions.

4720. Pensions under special acts of Congress.
4723. Colored soldiers enrolled as slaves.

4724. Both pension and pay not allowed, unless,

&c.

4725. Half-pay to widows under laws prior to June
3, 1858.

4726. To widow for life and to children under six-
teen, &c.

4727. Half-monthly pay not to exceed that of
lieutenant-colonel.

4728. Navy pensions.

4729. Naval pensions to widows and children.
4730. Pensions to soldiers of Mexican war.

4731. Widows and children of Mexican war pon-
sioners.

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4747. Pensions not liable to attachment.
4748. Commissioner to furnish printed instructions
free of charge.

4756. Half-rating to disabled enlisted persons serv-
ing twenty years in Navy or Marine Corps.
4757. Serving not less than ten years, may receive
what aid.

4768. Certificate of pension; fee of attorney. 4769. Pension agent to deduct attorney's fee. 4771. Biennial examinations, &c.

4772. More frequent examinations.

4773. Biennial examination by unappointed civil surgeons.

4774. Boards of examining surgeons.

4775. Special examinations.

4776. Medical referee and examining surgeons. 4777. Appointment of civil examining surgeons authorized.

4784. Pension-agents, &c., to take affidavits without fee.

4785. Fees of attorney for prosecuting claims. 4786. Agreement for amount of fee to be filed. 5485. Attorney for pensions demanding more than legal fee, &c.

5486. Embezzlement of pension by guardian. 5487. Pension-agent taking fee, &c. Equalization of pensions.

Increase of pensions to disabled soldiers and sailors.

Increase of pension to totally disabled soldiers and sailors.

SEC. 4692. Every person specified in the several classes enumerated in

Title 57.

the following section, who has been, since the fourth day of March, Who may have
eighteen hundred and sixty-one, or who is hereafter disabled under pensions.
the conditions therein stated, shall, upon making due proof of the fact,
according to such forms and regulations as are or may be provided in
pursuance of law, be placed on the list of invalid pensioners of the
United States, and be entitled to receive, for a total disability, or a
permanent specific disability, such pension as is hereinafter provided in
such cases; and for an inferior disability, except in cases of permanent
specific disability, for which the rate of pension is expressly provided,
an amount proportionate to that provided for total disability; and such
pension shall commence as hereinafter provided, and continue during
the existence of the disability.

SEC. 4693. The persons entitled as beneficiaries under the preceding Classes
section are as follows:

enu

merated. First. Any officer of the Army, including regulars, volunteers, and Officers of Armilitia, or any officer in the Navy or Marine Corps, or any enlisted man, and enlisted men, my and Navy, however employed, in the military or naval service of the United States, &c. or in its Marine Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. Second. Any master serving on a gun-boat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gun-boat, &c. boat or war-vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor.

Master, &c., serving on gun

Volunteers, not enlisted, &c.

Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or non-enlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four.

Acting assistFourth. Any acting assistant or contract surgeon disabled by any ant surgeon, &c. wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital.

Provost-mar

shal, &c.

Pensions for

or diseases con

Fifth. Any provost-marshal, deputy provost-marshal, or enrollingofficer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor.

SEC. 4694. No person shall be entitled to a pension by reason of wounds received wounds or injury received or disease contracted in the service of the tracted only in United States subsequent to the twenty-seventh day of July, eighteen line of duty, &c. hundred and sixty-eight, unless the person who was wounded, or injured,

Rates of pen

or contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital.

SEC. 4695. The pension for total disability shall be as follows, namely: sion for total dis- For lieutenant-colonel and all officers of higher rank in the military ability. service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lienteuant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master, assistant surgeon, assistant payinaster and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet-midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officers commanding vessels, second and third assistant engineer, master's mate, and all warrant officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gun-boats and war-vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. [See § 4699.]

Pension according to rank.

SEC. 4696. Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section, for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered.

SEC. 4697. For the period commencing July fourth, eighteen hundred Pensions for and sixty-four, and ending June third, eighteen hundred and seventy- permanent specific disability two, those persons entitled to a less pension than hereinafter mentioned, prior to June 4, who shall have lost both feet in the military or naval service and in 1872. the line of duty, shall be entitled to a pension of twenty dollars per month; for the same period those persons who, under like circumstances, shall have lost both hands or the sight of both eyes, shall be entitled to a pension of twenty-five dollars per mouth; and for the period commencing March third, eighteen hundred and sixty-five, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand and one foot, shall be entitled to a pension of twenty dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons who under like circumstances shall have lost one hand or one foot, shall be entitled to a pension of fifteen dollars per month; and for the period commencing June sixth, eighteen hundred and sixty-six, and ending June third, eighteen hundred and seventy-two, those persons entitled to a less pension than hereinafter mentioned, who by reason of injury received or disease contracted in the military or naval service of the United States and in the line of duty, shall have been permanently and totally disabled in both hands, or who shall have lost the sight of one eye, the other having been previously lost, or who shall have been otherwise so totally and permanently disabled as to render them utterly helpless, or so nearly so as to require regular personal aid and attendance of another person, shall be entitled to a pension of twenty-five dollars per month; and for the same period those who under like circumstances shall have been totally and permanently disabled in both feet, or in one hand and one foot, or otherwise so disabled as to be incapacitated for the performance of any manual labor, but not so much as to require regular personal aid and attention, shall be entitled to a pension of twenty dollars per month; and for the same period all persons who under like circumstances shall have been totally and permanenty disabled in one hand, or one foot, or otherwise so disabled as to render their inability to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of fifteen dollars per month.

for

ter June 4, 1872.

SEC. 4698. From and after June fourth, eighteen hundred and seventy- Pensions two, all persons entitled by law to a less pension than hereinafter speci- permanent specified, who, while in the military or naval service of the United States, and fic disabilities afin line of duty, shall have lost the sight of both eyes, or shall have lost the sight of one eye, the sight of the other having been previously lost, or shall have lost both hands, or shall have lost both feet, or been permanently and totally disabled in the same, or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the regular personal aid and attendance of another person, shall be entitled to a pension of thirty-one dollars and twenty-five cents per month;* and all persons who, under like circumstances, shall have lost one hand and one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much as to require regular personal aid and attendance, shall be entitled to a pension of twenty-four dollars per month; and all persons who, under like circumstances, shall have lost one hand, or one foot, or been totally and permanently disabled in the same, or otherwise so disabled as to render their incapacity to perform manual labor equivalent to the loss of a hand or foot, shall be entitled to a pension of eighteen dollars per month: Provided, That all persons who, under like circumstances, have lost a leg above the knee, and in consequence thereof are so disabled that they cannot use artificial limbs, shall be rated in the second class and receive twenty-four dollars per month from and after June fourth, eighteen hundred and seventy-two; and all persons who, under like circumstances, shall have lost the hearing of both ears, shall be entitled to a pension of thirteen dollars per month from the same date: Provided, That the pension for a disability not permanent, equivalent in degree to any provided for in this section, shall, during the continuance of the disability in such degree, be at the same rate as that herein provided for a permanent disability of like degree.

* Increased to fifty dollars per month, by act of June 18, 1874, po t.
† See act of June 18, 1874, post.

Increase of SEC. 46981. Except in cases of permanent specific disabilities, no pensions. increase of pension shall be allowed to commence prior to the date of the examining surgeon's certificate establishing the same made under the pending claim for increase; and in this, as well as all other cases, the certificate of an examining surgeon, or of a board of examining surgeons, shall be subject to the approval of the Commissioner of Pensions.

Pensions for

SEC. 4699. The rate of eighteen dollars per month may be proportiondis ability not ately divided for any degree of disability established for which section otherwise provided for. forty-six hundred and ninety-five makes no provision.. Absentees.

Period of servstrued.

SEC. 4700. Officers absent on sick-leave, and enlisted men absent on sick-furlough, or on veteran-furlough with the organization to which they belong, shall be regarded in the administration of the pension-laws in the same manner as if they were in the field or hospital.

SEC. 4701. The period of service of all persons entitled to the benefits ice, how con of the pension-laws, or on account of whose death any person may become entitled to a pension, shall be construed to extend to the time of disbanding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization.

Pensions to widows or to chil

dren under sixteen years, &c.

&c.

SEC. 4702. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six hundred and ninety-three has died since the fourth day of March, eighteen hundred and sixty-one, or hereafter dies by reason of any wound, injury, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death, without payment to her of any part of the pension hereinafter mentioned, 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 entitied to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer; and, if the widow remarry, the child or children shall be entitled from the date of remarriage.

Increased pen- SEC. 4703. The pensions of widows shall be increased from and after sion to widows, the twenty-fifth day of July, eighteen hundred and sixty-six at the rate of two dollars per month for each child under the age of sixteen years, of the husband on account of whose death the claim has been, or sball be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension-law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and entitled to a pension: Provided, That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or children; for any period during which she has not been, or she shall not be, so charged, it shall be granted and paid to the guardian of such child or children: Provided further, That a widow or guardian to whom increase of pension has been, or shall hereafter be, granted.on account of minor children, shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organized for the care of soldiers' orphans.

What children

SEC. 4704. In the administration of the pension-laws, children born deemed legiti- before the marriage of their parents, if acknowledged by the father before or after the marriage, shall be deemed legitimate.

mate.

Widows of col- SEC. 4705. The widows of colored and Indian soldiers and sailors who ored and Indian have died, or shall hereafter die, by reason of wounds or injuries received, soldiers, &c. or casualty received, or disease contracted, in the military or naval service of the United States, and in the line of duty, shall be entitled to receive the pension provided by law without other evidence of marriage than satisfactory proof that the parties were joined in marriage by some ceremony deemed by them obligatory, or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death; and the

children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three.

SEC. 4706. If any person has died, or shall hereafter die, leaving a Abandonment, widow entitled to a pension by reason of his death, and a child or chil- &c., by widow. dren under sixteen years of age by such widow, and it shall be duly certified under seal by any court having probate jurisdiction, that satisfactory evidence has been produced before such court, upon due notice to the widow, that she has abandoned the care of such child or children, or that she is an unsuitable person, by reason of immoral conduct, to have the custody of the same, on presentation of satisfactory evidence thereof to the Commissioner of Pensious, no pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of law to the contrary notwithstanding; and the said child or children shall be pensioned in the same manner, and from the same date, as if no widow had survived such person, and such pension shall be paid to the guardian of such child or children; but if in any case payment of pension shall have been made to the widow, the pension to the child or children shall commence from the date to which her pension has been paid.

Succession

of dependent relatives

SEC. 4707. If any person embraced within the provisions of sections forty-six hundred and ninety-two and forty-six hundred and ninetythree has died since the fourth day of March, eighteen hundred and sixty-one, or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has left or shall leave other relative or relatives who were dependent upon him for support, in whole or in part, at the date of his death, such relative or relatives shall be entitled, in the following order of precedence, to receive the same pension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely: first, the mother; secondly, the father; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward: Provided, That if in any case said person shall have left father and mother who were dependent upon him, then, on the death of the mother, the father shall become entitled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years respectively, commencing from the death or remarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of said son or of any other persons not legally bound to aid in her support; and if, by actual contributions, or in any other way, the son had recognized his obligations to aid in support of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like couditions, be assumed to have been dependent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a father's means of independent support: Provided further, That the pension allowed to any person on account of his or her dependence, as hereinbefore provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. SEC. 4708. The remarriage of any widow, dependent mother, or de- Remarriage. pendent sister, entitled to pension, shall not bar her right to such pension to the date of her remarriage, whether an application therefor was filed before or after such marriage; but on the remarriage of any widow, dependent mother, or dependent sister, having a pension, such pension shall cease.

Commencement

SEC. 4709. All pensions which have been, or which may hereafter be, of pensions after granted in consequence of death occurring from a cause which origi- March 4, 1861.

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