Pensions for Confederate Soldiers and Sailors. 1899, p. 226, § 23. 2032. Soldiers and widows who are excluded from benefit of Feb. 10, this chapter.-The benefit of this chapter shall not enure to any soldier or sailor, or the widow of any soldier or sailor, who owns four hundred dollars' worth of property, or who has an annual income of three hundred dollars or more. 191, $$1 and 2. 2033. Transfer of pension claim or warrant prohibited.—Mar. 4, No person shall purchase or receive a transfer of any pension 1901, p. claim or warrant issued or to be issued under this chapter, before the date provided for issuing warrants herein provided, unless transferred for face value for supplies or merchandise, or unless discounted at nothing more than legal rate of interest. 2034. Penalty for unlawful transfer.-Any person acquiring a pension, claim, or warrant in violation of the preceding section shall be liable to a penalty in an amount equal to the face value of such claim or warrant, recoverable at the suit of any person who may sue for the use of the pensioner or payee of such warrant or claim. 1907, p. 550, $ 1. 2035. Octogenarian pensioners of the first class.-All Con- Aug. 6, federate soldiers, sailors, and their widows, who are now on the pension rolls of the State of Alabama, and who are over the age of eighty years, shall be entitled to and receive a pension of the first class and be classed as pensioners of the first class. 2036. Proof of age of pensioners.-Proof of the age pre- Ib., § 2. scribed in the preceding section may be made at any time by the affidavit of any competent witness taken before and certified by the judge of probate of any county, and when so made, the judge of probate shall immediately forward same to the state auditor, and the said auditor shall forthwith place such person on the pension roll of the first class. 1947, p. 724, § 1. 2037. Pensioners erroneously dropped from roll; how re- Aug. 13. stored. Whenever it is made to appear to the county board of examiners of pensions that a pensioner who had been admitted to the pension roll and had been paid a pension under the laws of Alabama, and who is still entitled to a pension, and whose name had, through mistake, omission, or inadvertence, been dropped from or left off the list of pensioners, the board shall certify such fact and the length of time omitted or dropped, and the amount due such pensioner, to the state auditor, and he shall thereupon, if fully satisfied that such pensioner is justly entitled to be restored, issue his warrant for such amount and restore such pensioner to the list. Home for Confederate Soldiers and Sailors. Oct. 6, 1903, p. 260, $1. Ib. Ib. Ib., § 2. Ib., §§ 3 and 5. 2038. Soldiers' Home at Mountain Creek established.-The governor shall nominate and appoint one person from each congressional district in the state, and three from the state at large, who shall be known Confederate veterans, so far as practicable, and who, with the governor, shall constitute a board of control for the Soldiers' Home at Mountain Creek, which was conveyed to the state by Jefferson M. Faulkner, and each of said members shall serve for the period of six years from the time of their appointment, and until their successors are appointed and qualified, except the governor. 2039. Executive committee of the home.-The three trustees from the state at large shall constitute an executive committee to manage such business of the home as shall be delegated and conditioned to them by the full board. 2040. Vacancy in board; how filled.-If any vacancy occurs by resignation, or otherwise, the governor shall fill it. Five members of the board shall constitute a quorum for the transaction of business. 2041. Certificate of appointment of board of control.-The secretary of state shall furnish a certificate to each member of the board of control, within ten days of his appointment, notifying him that he has been appointed; and if any member fails, for the space of thirty days, to inform the governor of his acceptance, then his appointment shall be void and his place shall be filled as heretofore provided in cases of vacancy. 2042. Powers of board of control.-The board of control of the Soldiers' Home, and their successors in office, are a body corporate and politic, and may have a seal, sue, contract and be contracted with, and may own, purchase, sell, and convey property, both real and personal; and may do all things Home for Confederate Soldiers and Sailors. necessary and proper to establish a home for indigent Confederate veterans. 1903, p. 260, § 4. 2043. Governor ex officio president.-The governor shall Oct. 6, convene the board of control to consider any business connected with the home whenever he shall deem it expedient to do so. amended, Aug. 14, 2044. Veterans who are eligible.-Only indigent Confed- Ib., § 5; as erate veterans and their wives, when accompanied by their husbands, who shall have been bona fide residents of the State 1907, p. of Alabama for two years prior to making application for admission into the home, shall be eligible as beneficiaries under this article. 697, § 1. 2045. Rules and regulations by board of control.-The г., § 6. board shall appoint such officers and employes, regulating their compensation, as are necessary to the successful operation of the home, and shall make such rules and regulations for the admission of inmates and government of the officers and employes and inmates as it may deem advisable. 2046. Expenses and compensation of board of control.-The Ib., § 7. members of the board of control, as herein provided, shall receive as compensation for their services, their actual expenses while attending the meetings, or while on other business of the home to which they have been appointed by the board, payable out of any money belonging to said home. 1907, p. 233, §§ 1 and 2. 2047. Appropriation and payment of same. The following Mar. 5, appropriations are made out of the treasury of the State of Alabama for the purposes named: For building eight servants' houses, two thousand dollars; for repairs and insurance on buildings, two thousand dollars; for the maintenance of inmates and the payment of cooks and other necessary labor, per capita, one hundred and fifty dollars per annum for each inmate in the home at the beginning of each quarter, payable at the beginning of each quarter on the order of the executive committee of the board of control. For the payment of the salaries of the officers of the home as follows: Commandant, per annum, one thousand two hundred dollars; adjutant, six hundred dollars; resident physician, six hundred dollars; for hospital help, one thousand dollars, payable at the beginning of each quarter on the order of the executive committee. For the payment to the inmates of the home, the sum of one dollar per month each so long as they are inmates, payable at the beginning of each quarter on the order of the executive committee of the board of control. The state auditor shall draw his warrant on the state treasurer in favor of the commandant and treasurer of the Soldiers' Home at Mountain 53-AC-VOL I Oct. 6, 1903, p. 260, § 11. Ib. Ib. Ib., § 12. lb. Ib., § 13. Home for Confederate Soldiers and Sailors. Creek, upon the certificate of the executive committee of the board of control of said soldiers' home, for the amounts herein appropriated. 2048. Commandant of home also secretary and treasurer.— The board shall elect a commandant and adjutant, who shall, if practicable, be a Confederate veteran, and who shall also be secretary and treasurer, and who shall attend the meetings of the board and record its proceedings in a well-bound book, and collect and disburse the moneys of said home under such rules and regulations as may be prescribed by the board, and be held strictly accountable to them. The other employes and inmates shall be under his direct control and care. 2049. Term of office and removal of commandant.-The commandant must be appointed for a term not less than two years, but may be removed by the board for incompetency or unfitness, or for neglect of the trust reposed in him. 2050. Bond of commandant.-The commandant shall give bond with good and sufficient surety, to be approved by the executive committee, which bond shall be ample to secure all funds and other effects of the home placed in his hands; and the board may require of the commandant an additional or new bond whenever necessary. 2051. Board may receive contributions.-Said board may solicit and receive money or other property for the use and benefit of the home. 2052. Disbursement of money and property.-The money and property collected shall be paid into the treasury and disbursed under the direction of the board in the same manner as other moneys shall be paid under the provisions of this article, for either the construction of additional buildings, repairing the same, or for the maintenance of the inmates of the home, or for the establishment of a library for the use and benefit of the home. 2053. Report of commandant.-The commandant shall make an annual report to the board of trustees, and such other reports as may be required of him by the board, giving the number of the inmates, the receipts and expenditures, and such other information as may be necessary to give a practical history of the home, for the time covered by the report, with such recommendations as he may deem necessary and proper. ARTICLE 3. EVIDENCE AND PROOF OF SERVICE IN CONFEDERATE ARMY. 2054, 2055. SECTION. 2054. Affidavit and proof of service. SECTION. 2055. Evidence; when reduced to 648, § 1. 2054. Affidavit as proof of service.-Upon the application Aug. 14, of any Confederate soldier or sailor, resident citizens of Ala- 1907, p. bama, to any county board of examiners for a pension under the pension laws of Alabama, the fact of his having served in the Confederate army, or in the state troops of Alabama, may be proven by the affidavit of two reliable persons who are acquainted with the facts, or in the event such affidavits cannot be procured upon affidavit to that fact, such fact may be proven by any other evidence that will reasonably satisfy said board of such service, and upon the application of the widow of any soldier or sailor, or the widow of any Alabama soldier or sailor who served in the state in the war between the states, the fact of her deceased husband having served as alleged, and of his not deserting, may be proven by the affidavit of two reliable witnesses who are acquainted with the facts; or if such witnesses cannot be found, upon affidavit to that fact, it may be proven by any evidence that will reasonably satisfy the board of the truth of such facts. 2055. Evidence; when reduced to writing.-Whenever the r., § 2. proof of such facts is made by other evidence than the affidavit of two reliable witnesses, as now provided by law, the board shall cause such evidence to be reduced to writing and subscribed and sworn to by the witness offering the evidence. CROSS REFERENCES. SOLDIERS AND SAILORS; PENSIONS FOR (Political Code) .....1995-2055 SOLICITOR PRO TEM (Criminal Code) 66 (Criminal Code) SOVEREIGNTY OF STATE (Political Code) .5931, 5932, 3004 .7778-7804 .7787-7789 ..2056-2059 SPEAKER OF HOUSE OF REPRESENTATIVES (Political Code).900 et seq. SPECIAL VENIRES (Criminal Code).. STABLE KEEPERS (Civil Code).. STATE (Political Code).... STATE (Escheats to) (Civil Code) STATE; ACTION BY (Civil Code). STATE AUDITOR (Political Code).. .7257-7269 .492-511, 2361 .7575 et seq. .3955, 3956, 4810-4813 5965 .83-85, 2413-2428 .3918-3926 ..2440-2450 ..597-615 |