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cretion of the director, be paid his reasonable traveling and other expenses and also loss of wages incurred in order to submit to such examination. Sec. 303, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406).

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If

1877. Compensation barred by refusal of medical examination.—* he refuses to submit himself for, or in any way obstructs, any examination, his right to claim compensation under this article shall be suspended until such refusal or obstruction ceases. No compensation shall be payable while such refusal or obstruction continues, and no compensation shall be papable for the intervening period.

Every person in receipt of compensation for disability shall submit to any reasonable medical or surgical treatment furnished by the bureau whenever requested by the bureau; and the consequences of unreasonable refusal to submit to any such treatment shall not be deemed to result from the injury compensated for. Sec. 303, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407).

1878. No compensation to persons receiving service or retirement pay. That compensation under this article shall not be paid while the person is in receipt of service or retirement pay. ** Sec. 312, added to the act of Sept. 2,

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1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 17, act of June 25, 1918 (40 Stat. 613).

1879. Surrender of other gratuities prerequisite to award of compensation.That section 302 of the War Risk Insurance Act as amended shall be deemed to be in effect as of April 6, 1917: Provided, That any person who is now receiving a gratuity or pension under existing law shall not receive compensation under this Act unless he shall first surrender all claim to such gratuity or pension. Sec. 302 (10), added to the act of Sept. 2, 1914, by sec. 2. act of Oct. 6, 1917 (40 Stat. 408), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374).

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1880. Compensation barred by dismissal or dishonorable discharge.A dismissal or dishonorable or bad conduct discharge from the service shall bar and terminate all right to any compensation under the provisions of this article. Sec. 308, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407).

1881. Compensation depends on date of death or disability.-That no compensation shall be payable for death or disability which does not occur prior to or within one year after discharge or resignation from the service, except that where, after a medical examination made pursuant to regulations, at the time of discharge or resignation from the service, or within such reasonable time thereafter, not exceeding one year, as may be allowed by regulations, a certificate has been obtained from the director to the effect that the injured person at the time of his discharge or resignation was suffering from injury likely to result in death or disability, compensation shall be payable for death or disability, whenever occurring, proximately resulting from such injury. Sec. 306, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407).

1882. Award of compensation or insurance where death occurred before enrollment for active service. That if after induction by the local draft board, but before being accepted and enrolled for active service, the person died or became disabled as a result of disease contracted or injury suffered in the line of duty and not due to his own willful misconduct involving moral turpitude, or as a

result of the aggravation, in the line of duty and not because of his own willful misconduct involving moral turpitude, of an existing disease or injury, he or those entitled thereto shall receive the benefits of compensation payable under Article III: * Sec. 31, added to the act of Sept. 2, 1914, by sec. 7, act

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of Dec. 24, 1919 (41 Stat. 372).

1883. Unpaid monthly installments of compensation, etc., payable to the personal representative of a deceased person.-That the amount of the monthly installments of allotment and family allowance, compensation, or yearly renewable term insurance which has become payable under the provisions of the War Risk Insurance Act but which has not been paid prior to the death of the person entitled to receive the same may be payable to the personal representatives of the deceased person. Sec. 19, act of Dec. 24, 1919 (41 Stat. 376-377).

1884. Apportionment of compensation between a disabled soldier and his family. Where the disabled person and his wife are not living together, or where the children are not in the custody of the disabled person the amount of the compensation shall be apportioned as may be prescribed by regulations. Sec. 302 (7), added to the act of Sept. 2, 1914, by sec. 14, act of June 25, 1918 (40 Stat. 613), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374).

The term "wife" as used in this section shall include "husband" if the husband is dependent upon the wife for support. Sec. 302 (8), added to the act of Sept. 2, 1914, by sec. 14, act of June 25, 1918 (40 Stat. 613), as amended by sec. 11, act of Dec. 24, 1919 (41 Stat. 374).

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1885. Compensation to dependents barred by a death sentence.-That no compensation shall be payable for death inflicted as a lawful punishment for a crime or military offense except when inflicted by the enemy. Sec. 308, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407). 1886. Official record of death prerequisite to the payment of compensation.That compensation shall not be payable for death in the course of the service until the death be officially recorded in the department under which he may be serving. No compensation shall be payable for a period during which the man has been reported "missing" and a family allowance has been paid for him under the provisions of Article II. Sec. 307, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 407).

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1887. Compensation of dependents of a deceased person allowed from April 6, 1917.-* That section 301 of the War Risk Insurance Act, as amended, shall be deemed to be in effect as of April 6, 1917: Sec. 10, act of Dec. 24, 1919 (41 Stat. 372).

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1888. Surrender of pension rights, etc., by dependents of a deceased soldier.* * Provided, however, That before compensation thereunder shall be paid there shall first be deducted from said sum so to be paid the amount of any payments such person may have received by way of gratuities or payments under pension laws in force and existence between April 6, 1917, and October 6, 1917. Sec. 10, act of Dec. 24, 1919 (41 Stat. 372-373).

1889. Compensation to the widow and children of a deceased soldier.-That if death results from injury

If the deceased leaves a widow or child, shall be the following amounts:

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* the monthly compensation

(a) If there is a widow but no child, $25;
(b) If there is a widow and one child, $35;

(c) If there is a widow and two children, $42.50, with $5 for each additional child up to two;

(d) If there is no widow, but one child, $20;

(e) If there is no widow, but two children, $30;

(f) If there is no widow, but three children, $40, with $5 for each additional child up to two;

The payment of compensation to a widow shall continue until her death or remarriage.

The payment of compensation to or for a child shall continue until such child reaches the age of eighteen years or marries, or if such child be incapable, because of insanity, idiocy, or being otherwise permanently helpless, then during such incapacity. Sec. 301, added to the act of Sept. 2, 1914, by sec 2, act of Oct. 6, 1917 (40 Stat. 405), as amended by sec. 11, act of June 25, 1918 (49 Stat. 611).

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The original act read as follows:

If death results from injury

If the deceased leaves a widow or child, or if he leaves a widowed mother dependent upon him for support, the monthly compensation shall be the following amounts:

(a) For a widow alone, $25.

(b) For a widow and one child, $35.

(c) For a widow and two children, $47.50, with $5 for each additional child up to two. (d) If there be no widow, then for one child, $20.

(e) For two children, $30.

(f) For three children, $40, with $5 for each additional child up to two.

1890. Apportionment of compensation between a widow and the children.— As between the widow and the children not in her custody, and as between children, the amount of the compensation shall be apportioned as may be prescribed by regulation. * Sec. 301, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 405), as amended by sec. 11, act of June 25, 1918 (40 Stat. 612).

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1891. Widow defined.-* * * The term "widow" as used in this section shall not include one who shall have married the deceased later than ten years after the time of injury, and shall include a widower, whenever his condition is such that, if the deceased person were living, he would have been dependent upon her for support. Sec. 301, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 406), as amended by sec. 11, act of June 25, 1918 (40 Stat. 612).

The provision as to widower was added by this amendment.

1892. Evidence of marriage.-That for the purpose of this amendatory Act the marriage of the claimant to the person on account of whom the claim is made shall be shown

(1) By a duly verified copy of a public or church record; or

(2) By the affidavit of the clergyman or magistrate who officiated; or (3) By the testimony of two or more eyewitnesses to the ceremony; or (4) By a duly verified copy of the church record of baptism of the children; or (5) By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and were recognized as such, and who shall state how long, within their knowledge, such relation continued: Provided, That marriages, except such as are mentioned in section forty-seven hundred and five of the Revised Statutes, shall be proven in compensation or insurance cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to com

pensation or insurance accrued; and the open and notorious illicit cohabitation of a widow who is a claimant shall operate to terminate her right to compensation or insurance from the commencement of such cohabitation: * Sec. 22, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 400).

1893. Child defined.-In Articles II, III, and IV of this Act unless the context otherwise requires

(1) The term "child" includes

(a) A legitimate child. Sec. 22 (1) (a), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).

(b) A child legally adopted.

Sec. 22 (1) (b), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401), as amended by sec. 2, act of Dec. 24, 1919 (41 Stat. 371).

(c) A stepchild, if a member of the man's household.

Sec. 22 (1) (c), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).

(d) An illegitimate child, but, as to the father only, if acknowledged in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, or has been judicially decreed to be the putative father of such child. Sec. 22 (1) (d), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6. 1917 (40 Stat. 401), as amended by sec. 3, act of Dec. 24, 1919 (41 Stat. 371).

Paragraph (b) of the second subdivision (1), sec. 22, act of Oct. 6, 1917 (40 Stat. 401), was as follows:

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(b) A child legally adopted more than six months before the enactment of this amendatory Act or before enlistment or entrance into or employment in active service in the military or naval forces of the United States, whichever of these dates is the later."

Paragraph (d) of the second subdivision (1) of sec. 22 was as follows:

"(d) An illegitimate child, but, as to the father, only, if acknowledged by instrument in writing signed by him, or if he has been judicially ordered or decreed to contribute to such child's support, and if such child, if born after December thirty-first, nineteen hundred and seventeen, shall have been born in the United States, or in its insular possessions."

1894. Age limit of children and grandchildren.-Except as used in section four hundred and one and in section four hundred and two the terms "child" and "grandchild" are limited to unmarried persons either (a) under eighteen years of age, or (b) of any age, if insane, idiotic, or otherwise permanently helpless. Sec. 22 (3), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 401).

1895. Claims of minors and mentally incompetent persons.-That when, by the terms of this amendatory Act, any payment is to be made to a minor, other than a person in the military or naval forces of the United States, or to a person mentally incompetent, such payment shall be made to the person who is constituted guardian or curator by the laws of the State or residence of claimant, or is otherwise legally vested with responsibility or care of the claimant. Sec. 23. added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 402). If any person entitled to receive payments under this Act shall be an inmate of any asylum or hospital for the insane maintained by the United States, or by any of the several States or Territories of the United States, or any political subdivision thereof, and no guardian or curator of the property of such person shall have been appointed by competent legal authority, the director, If satisfied after due investigation that any such person is mentally incompe

tent, may order that all moneys payable to him or her under this Act shall be held in the Treasury of the United States to the credit of such person. All funds so held shall be disbursed under the order of the director and subject to his discretion, either to the chief executive officer of the asylum or hospital in which such person is an inmate, to be used by such officer for the maintenance and comfort of such inmate, subject to the duty to account to the Bureau of War Risk Insurance and to repay any surplus at any time remaining in his hands in accordance with regulations to be prescribed by the director; or to the wife (or dependent husband if the inmate is a woman), minor children, and dependent parents of such inmate, in such amounts as the director shall find necessary for their support and maintenance, in the order named; or, if at any time such inmate shall be found to be mentally competent, or shall die, or a guardian or curator of his or her estate be appointed, any balance remaining to the credit of such inmate shall be paid to such inmate, if mentally competent, and otherwise to his or her guardian, curator or personal representatives. Sec. 5, act of Dec. 24, 1919 (41 Stat. 371), amending sec. 23, act of Sept. 2, 1914 (40 Stat. 402).

1896. Compensation to the parents of a deceased soldier.-That if death results from injury

or if he leaves a mother or father either or both dependent upon him for support, the monthly compensation shall be the following amounts:

(g) If there is a dependent mother (or dependent father), $20, or both, $30. The amount payable under this subdivision shall not exceed the difference between the total amount payable to the widow and children and the sum of $75.

Such compensation shall be payable whether the dependency of the father or mother or both arises before or after the death of the person, but no compensation shall be payable if the dependency arises more than five years after the death of the person. Sec. 301, added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 405), as amended by sec. 11, act of June 25, 1918 (40 Stat. 611, 612).

That where section three hundred and one of said Act is amended by striking out the provisions that a mother is entitled to compensation only when she is widowed and substitute provisions are included to the effect that compensation is payable to a dependent mother or dependent father, such substltute provisions shall be deemed to be in effect as of October sixth, nineteen hundred and seventeen. Sec. 15, act of June 25, 1918 (40 Stat, 613).

1897. Dependent parent compensated for the death of but one child. * * This compensation shall be payable for the death of but one child, and no compensation for the death of a child shall be payable if the dependent mother is in receipt of compensation under the provisions of this article for the death of her husband. * * * Sec. 301 (g), added to the act of Sept. 2, 1914, by sec. 2, act of Oct. 6, 1917 (40 Stat. 405), as amended by sec. 11, act of June 25, 1918 (40 Stat. 612).

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In this amendment, the words the dependent mother are substituted for "such widowed mother."

1898. Parent defined. The term "parent" includes a father, mother, grandfather, grandmother, father through a loption, mother through adoption, stepfather, and stepmother, either of the person in the service or of the spouse.

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