2229. That section forty-seven hundred and sixteen of the Revised Statutes be, and the same is hereby, repealed, v. so far as the same may be applicable to the claims to pension of dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. Act of April 18, 1900 (31 Stat. L., 136). 2230. In case a resident pensioner of the United States shall for a period of over six months desert his lawful wife, she being a woman of good moral character and in necessitous circumstances, or, if he have no lawful wife, shall desert his legitimate minor child or children under sixteen years of age, or his permanently helpless and dependent child, the Commissioner of Pensions is hereby directed, upon being satisfied by competent evidence of such desertion, to cause one-half of the pension due or to become due said pensioner during the continuance of such desertion to be paid to the wife, or in case there is no wife, to the legal guardian of the child or children: Provided further, That when a soldier or sailor enters into a State home for soldiers or sailors as an inmate thereof, one-half of his pension accruing during his residence therein shall be paid to his wife, she being a woman of good moral character and in necessitous circumstances, or if there be no wife, then to his child or children under sixteen years of age, or his permanently helpless and dependent child, if any, unless such wife and children shall also be inmates of the same institution or of some home provided for the wives and children of soldiers and sailors: Provided further, That if any such pensioner is or shall become an inmate of a National Soldiers' Home one-half of the pension drawn in his behalf or to which he may become entitled during his residence therein shall be paid by the treasurer of that institution to such pensioner's wife, she being in necessitous circumstances and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor child or children, or the permanently dependent and helpless child or children of such pensioner, on the order of the Commissioner of Pensions.1 Act of March 3, 1899 (30 Stat. L., 1379). The saine. 1, p. 136. Apr. 18, 1900, visos. The same; pro- 30, p. 1379. For the proviso of this statute restricting the issue of pensions to widows, see par. 2224, ante. For payment of pensions to inmates of the Soldiers' Home, of the National Home for Disabled Volunteer Soldiers, and the Government Hospital for the Insane, see the chapters so entitled. Indian pensioners; pay ard silver. the guardian of the children, upon the properly executed voucher of such guardian, and in like manner to cause the pension of invalid pensioners who are or may hereafter be imprisoned as punishment for offenses against the laws to be paid while so imprisoned to their wives or the guardians of their children. Ibid. 2226. And pensions to Indian pensioners residing in the ments in stand- Indian Territory may be paid in person by the pension agent, upon a suitable voucher, at some convenient point in said Territory, which, together with the form and manPayments in ner of identification of the pensioners, may be prescribed cash, when made. by the Secretary of the Interior; such payments to be made in standard silver, at least once in each current year. And payments in person shall be made to the pensioner, in cash, by the pension agent whenever in the discretion of the Commissioner of Pensions such personal payment shall be by him deemed necessary or proper to secure to the pensioner his rights; and the necessary and actual Expenses of expenses of such pension agent in making such payments shall be paid by the Secretary of the Interior upon properly executed vouchers, out of the contingent fund appropriated for the use of the Pension Office. Ibid. agents. Disloyalty a bar to pension. Sec. 4716, R.S. Disloyalty, as a bar, removed Mar. 3, 1877; 27, p. 340. * 2227. No money on account of pension shall be paid to any person, or to the widow, children, or heirs of any deceased person, who in any manner voluntarily engaged in or aided or abetted the late rebellion against the authority of the United States.1 2 2228. The law prohibiting the payment of any money in certain cases, on account of pension to any person, or to the widow, chilAug. 1, 1892, v. dren, or heirs of any deceased person, who in any manner engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterwards voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty.' Act of August 1, 1892 (27 Stat. L., 340). 1In addition to the cases referred to in pars. 2228 and 2229, the requirements of sec tion 4716 of the Revised Statutes have been repealed in part by the following enactments: Section 5, act of January 29, 1887 (24 Stat. L., 371), paragraphs 2159 to 2164, ante; section 6, act of July 27, 1892 (27 ibid., 281), paragraphs 2173 to 2167, ante. 2Section 4716, Revised Statutes, paragraph 2227, ante. The act of August 1, 1892 (27 Stat. L., 340), replaces the act of March 3, 1877 (19 ibid., 403), which modified section 4716, Revised Statutes, in its application to the widows, children, and heirs of those persons who had joined in the rebellion of 18611865 against the United States, but who had subsequently enlisted in the Army of the United States. Apr. 18, 1900, 2229. That section forty-seven hundred and sixteen of the Revised Statutes be, and the same is hereby, repealed, v. i. p. 136. so far as the same may be applicable to the claims to pension of dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. Act of April 18, 1900 (31 Stat. L., 136). 2230. In case a resident pensioner of the United States shall for a period of over six months desert his lawful wife, she being a woman of good moral character and in necessitous circumstances, or, if he have no lawful wife, shall desert his legitimate minor child or children under sixteen years of age, or his permanently helpless and dependent child, the Commissioner of Pensions is hereby directed, upon being satisfied by competent evidence of such desertion, to cause one-half of the pension due or to become due said pensioner during the continuance of such desertion to be paid to the wife, or in case there is no wife, to the legal guardian of the child or children: Provided further, That when a soldier or sailor enters into a State home for soldiers or sailors as an inmate thereof, one-half of his pension accruing during his residence therein shall be paid to his wife, she being a woman of good moral character and in necessitous circumstances, or if there be no wife, then to his child or children under sixteen years of age, or his permanently helpless and dependent child, if any, unless such wife and children shall also be inmates of the same institution or of some home provided for the wives and children of soldiers and sailors: Provided further, That if any such pensioner is or shall become an inmate of a National Soldiers' Home one-half of the pension drawn in his behalf or to which he may become entitled during his residence therein shall be paid by the treasurer of that institution to such pensioner's wife, she being in necessitous circumstances and a woman of good moral character, or, if there be no wife, to the legal guardian of the minor child or children, or the permanently dependent and helpless child or children of such pensioner, on the order of the Commissioner of Pensions." Act of March 3, 1899 (30 Stat. L., 1879). The same; proVisos. Mar. 3, 1899, v. 30, p. 1379. For the proviso of this statute restricting the issue of pensions to widows, see par 2224, ante For payment of pensions to inmates of the No-hers' Home, of the National Home for Disabled Volunteer Soldiers, and the Government Hospital for the Insane, sce the chapters so entitied. Payments by attorney to for 2231. Hereafter no pensions shall be paid upon power eign, pensioners of attorney from pensioners residing in foreign countries.1 prohibited. Mar. 14, 1898, v. Act of March 14, 1898 (30 Stat. L., 276). 30, p. 276. ACCRUED AND UNCLAIMED PENSIONS. Par. 2232. Accrued pensions. 2233. Payment of accrued pensions at death of pensioner. Accrued pen sions. 1873, v. 17, p. 574. son. Par. 2234. Unclaimed pensions. 2232. If any pensioner has died or shall hereafter die; or Sec. 25, Mar. 3, if any person entitled to a pension, having an application Sec. 4718, R.S. therefor pending, has died or shall hereafter die, his widow, or if there is no widow, the child or children of such person, under the age of sixteen years, shall be entitled to receive the accrued pension to the date of the death of such perSuch accrued pension shall not be considered as a part of the assets of the estate of deceased, nor liable to be applied to the payment of the debts of said estate in any case whatever, but shall inure to the sole and exclusive benefit of the widow or children; and if no widow or child survive, no payment whatsoever of the accrued pension shall be made or allowed, except so much as may be neces sary to reimburse the person who bore the expenses of the last sickness and burial of the decedent, in cases where he did not leave sufficient assets to meet such expenses.* Payment of accrued pension to er. 2233. From and after the twenty-eighth day of Septemdeath of pension-ber, 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 Distribution 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 Mar. 2, 1895, v. 28, p. 964. 'This enactment repeals the provision of section 4766, Revised Statutes, as amended by the act of August 8, 1882 (22 Stat. L., 374), that "pensions payable to persons in foreign countries may be made according to the provisions of existing laws" (paragraph 2224, ante), and brings such payments within the requirements of sections 4764, 4765, and 4766 of the Revised Statutes, paragraphs 2216, 2217 and 2224, ante. 2 The act of June 3, 1884 (23 Stat. L., 35), contains the requirement "that the heirs or legal representatives of any officer whose muster into the service has been or shall be amended thereby shall be entitled to receive the arrears of pay due such officer, and the pension, if any, authorized by law, for the grade into which such officer is mustered under its provisions." See also the act of March 1, 1889 (25 Stat. L., 782). assets of to be payment. years at her death. Such accrued pension shall not be con- estate. sidered 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 penses of last Payment of exwidow or child survive such pensioner, and in the case of sickness, etc. 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 Mailing check 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. Act of March 2, 1895 (28 Stat. L., 964). 2234. The failure of any pensioner to claim his or her Unclaimed penpension for three years after the same shall have become, Sec. 26, June 18, due shall be deemed presumptive evidence that such pension has legally terminated by reason of the pensioner's death, remarriage, recovery from the disability, or otherwise, and the pensioner's name shall be stricken from the list of pensioners, subject to the right of restoration to the same on a new application by the pensioner, or, if the pensioner is dead, by the widow or minor children entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in cases of invalids who were not exempt from biennial examinations as to the continuance of the disability. sions. 1874, v. 17, p. 574. Sec. 4719, R.S. ASSIGNMENTS, ETC. Any pledge or transfer of pen Sec. 2, Feb. 28, 2235. Any pledge, mortgage, sale, assignment, or transfer of any right, claim, or interest in any pension which sion void. has been, or may hereafter be, granted, shall be void and 1883, v.22, p. 432. of no effect, and any person who shall pledge, or receive as a pledge, mortgage, sale, assignment or transfer of any right, claim, or interest in any pension, or pension certificate, which has been, or may hereafter be granted or issued, or who shall hold the same as collateral security for any debt, or promise, or upon any pretext of such security, or |