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was dependent upon him for support, in whole or in part, the mother shall be entitled to receivo the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension shall commence from the death of the officer or other person dying as aforesaid · Provided, however, That if such mother shail herself be in receipt of a pension as a widow, in virtue of the provisions of the second bection of this act, in that case no pension or allowance shall he granted to her on account of her son, unless she gives up the other pension or allowance: And provided further, That the pension given to a mother on account of her son shall terminate on her re-marriage : And provided further, That nothing shall be 80 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.
Seo. 4. And be it further enacted, That when 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 contracted while in the service of the United States and in the line of duty, and has not left or shall not leave a wid. ow, nor legitimate child, nor mother, but has left or may leave an orphan sister or sisters, under sixteen years of age who were dependent upon him for support, in whole or in part, such sister or sisters shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension to said orphan shall commenca from the death of the officer or 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 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 been engaged in, or who bave aided or abetted the existing rebellion in the United States: but the right of such disloyal widow or children, heir or heirs of such soldier, shall be vested in the loyal heir or heirs of the deceased, iš any there be.
Seu. 5 And be it further enacted, That pensions which 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 Daval service of the United States, shali commence on the day of the discharge of such persons in all cases in which the application for such pensions is filed within one year after the date of said discharge; and in cases in which the application is not filod during onid year, pensions granted to persons as aforesaid shs! commence on the day of the filing of the application.
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 rates : For making out and causing to be duly executed a declaration by the applicant, with the necessary affida. vits, and forwarding the same to the Pension Office, with the requisite correspondence, five dollars. In cases wherein additional testimony is required by the Commissioner of Pensions, for cach affidavit so required and executed and forwarded (except the aflidavit of surgeons, for which such agents and attorneys shall not be entitled to any fees), one dollar and fifty cents.
Seo. 7. And be it further enacted, That any agent or attorney who shall, directly or indirectly, demand or 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 and claimant, shall be deemed guilty of a high misdemeanor, and upon conviction thereof shall, for every such offence, be fined not exceeding three hundred dollars, or imprisoned at hard labor not exceeding two years, or both, according to the circumstances and aggravations of the offence.
Seo. 8. And be it further enacted, That the Corninissioner of Pensions be. and he is hereby empowered to appoint, at his discretion, civil surgeons to make the biennial examinations of pensioners which are or may be required to be made by law, and to examine applicants for invalid pensions, when he shall deem ap examination by a surgeon to be appointed by lim necessary, and the fees for each of such examinations, and the requisite certificate thereof, shall be one dollar and fifty cents, which fees shall be paid to the surgeon by the person examined, for which he shall take a receipt, and forward the same to the Pension Office; and upon the allowance of the claim of the person examined, the Commissioner of Pensions shall furnish to such person an order on the Pension Agent of his State for the amount of the sur: geon's fees.
Sev. 9. And be it further enacteil, That the Commissiouer of Pensions, on application made to him in person or by letter by any claimants or applicaats for pension, bounty or other allow ance required by law to be adjusted and paid by the l'ensior Offico, shall furnish such claimants, free of all expense or charge
to them, all snch printed instructions and forius as may be necce sary in establishing and obtaining such 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 Commissioner of Pensions shal forth with notify the applicant or claimant that such certificate has been issued or allowance made, and the amount thereof.
Sev. 10. And be it further enacted, That the pilots, engineers, sailors and crews upon the gunboats and war vessels of the United States who have not been regr arly mustered into th service of the United States, shall be en'ıtled 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; 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 each and every 3 ch person shall receive pay according to corresponding rank in the naval service: Provided, That no person receiving pension or bounty under the provisions of this act shall receive either pension or bounty for any other service in the present war.
Seo. 11. And be it further enacted, That the widows and heirg of all persons described in the last preceding section who liave been or may be employed as aforesaid, or who have been or may be killed in battle, or of those who have died or shall die of wounds received while so 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.
Seo. 12. And be it further enacted, That the Secretary of tho Interior be and he is hereby authorized to 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 receive for his services an annual salary of twelve hundred dollars, and his actual travelling expenses incurred in the discharge of his (lutio shall be paid by the Government.
Sec. 13. And be it further enacted, That all acts and pa ts or icts inconsistent with the provisious of this act be and the sainie are hereby ropealed.
BEGULATIONS AND FORMS FOR OBTAINING PEN.
SIONS FOR INVALIDS, REGULARS, VOLUNTEERS,
In support of the averments of such declaration, the following rules must be observed in presenting the testimony:
1. The claimant's identity must be proved by two witnesses, certified by a judicial officer to be respectable and credible, who are present and witness the signature of the declaration, and who state upon oath (or affirmation) their belief, either from per. sonal acquaintance or for other reasons given, that he is the identical person he represents himself to be.
2. The applicant must, if in his power, produce the certificate of the captain, or of some other commissioned officer, under whom he served, distinctly stating the time and place of the said applicant's having been wounded, or otherwise disabled, and the nature of the disability; and that the disability arose while he was in the service of the United States, and in the line of his duty.
3. If it be impracticable to obtain such certificate, by reason of the death or removal of said officers, it must be so stated in the declaration of the applicant, and his averment of the fact proved by persons of known respectability, who must state particularly all the knowledge they may possess in relation to such death or removal. Then secondary evidence can be received. In such case the applicant must produce the testimony of at least two credible witnesses (who were in a condition to know the facts about which they testify) whose good character must be vouched
for by a judicial officer, or by some one known to the Depart ment. These witnesses must give a minute narrative of the facts in relation to the matter, and must show how they obtained
knowledge of the facts to which they testify.
4. The surgeon's certificate of discharge should show thu char arter and degree of the claimant’s disability, but when that is wanting, and when the certificate of an army surgeon is not attainable, the certificate of two respectable civil surgeons will be received, in accordance with the form F. These surgeons must give, in their certificate, a particular description of the wound, injury, or disease, and specify how and in what manner his present condition and disability are connected therewith. The degree of disability must also be stated.
5. The habits of the applicant, and his occupation since he left the service, must be shown by at least two credible witnesses.
6. All evidence should be verified by oath, before a judge of the United States Court, or some judge or justice of the peace, or other officer of a State having authority to administer oaths for general purposes; and if verified before an officer of any State, his official character must be duly authenticated; and such officer must, in all cases, certify that he is not interested in the prosecu. tion of the claim.
7. Attorneys for claimants must in all cases have proper authority from those in whose behalf they appear. Powers of attorney must be signed in the presence of two witnesses, and acknowledged before a duly qualified officer whose official character must be properly shown.
The subjoined forms will guide applicants for pensions of the ariny branch, and must be exactly followed in every instance. No attorney or applicant will be regarded as having filed the Docessary declaration and affidavit unless the forms as well as the foregoing iustructions are strictly complied with.