Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1806-06-13


in any proper service against the common
enemy, or belonged to.-a detachment of
the militia, which served against the CONF
mon enelny,or. to the regular forces of
the United, States, or of any particular
state; he shall rupoB substantiating his
claim, In the manner hereinafter descri-
bed, be placed on the pension list Of
the United States, during life, or the con-
tinuance. of such disability, aud be enti.
tied under the regulations hereinafter
mentioned, 10 receive such sum as shall
be found JUST and proper, by the testimo.
ny adduced. =
SEC. .dna be it further enacted. That
nsubstantiating such claim, the following
rules and regulations shall be complied
with, that is 10 say !; All evidence shall be
taken on oath or affirmation, before the
judge of the district or one of the Judges
OF the territory in which such claimant re-.
sides or before some person specially au.
lhorised by commission from said Judge.
:. Decisive, disability, The effect of.
Known wound. or wounds received while
IN the actual service, and line Of duty a.
Salnst the common enemy, during the
revolutionary war, must BE- proved BY the
affidavit of the commanding officer Of the
regiment, corps, company ship, vessel.
or}craft, in which such claimant served
or OF two other credible witnesses 10 the
same eHeet, setting forth the time when,
and place where, such known wound or
wounds were. received; and particularly
describing the same.
/, The nature of suck d stability, and i'm
what degree il prevents the claimant from,
obtaining his subsistence, must be prov.
ed by the affidavit of some reputable INV.
slclan or surgeon, stating his opinion eli.
Their from his own knowledge aud acquain-
lance with the claimant, or from an ex-
animation OF such claimant on oath or
affirmation which when necessary for
that purpose, shall be administered to
said claimant by SAID Judge or cummis..
sioner. And the SAID physician or sur
geon, in his affidavit, shall particularly
describe the wound or wounds from,
whence the disability appears to be Derry
ed.
Every claiment must prove, by atlea.t
one credible witncss, lhai he continued i'm
service during the whole time for which
he was detached, or for which he eDcsr.
ed, unless he was discharged; or left the
service IN consequences of some deragnes
ment Of the army, OF in consequence of
his disability resigned his commission:
or was after his disability in captivity or
on parole, until The close Of the reyoluti-
onary war. Ard in ,he same manner
must prove his mode Of life and employ
ment since he left the service, and The
place or places where he has since res;d.
ed, and his place of residence, at the time
oil taking such testimony.
Every Claimant shall by his affidavit
give satisfactory reasons why he did nor
make application for pension before, and
mat he is NOT on the pension list OF any
state and the judge or commissioners
shall certify in writing, his opinion of The
credib'li,y of the witnesses, whose affida.
Wits he shall take, in all those cases, whefc
by this act IL is SAID the proof Shall be
made by credible witness or witnesses.
And also that the examining physician or
surgeon is reputable in his profession.
Sec. 8. find be IL further enacted, That
the said judge of the district, or person
by him commissioned as aforesaid, shall
transmit list of such claims. accountants
ed by the evidence, affidavns, certificates,
and proceedings he'd thereon u pursuance
oil lhIs act, noting particularly The day on
winch the testimony was closed before
him, 10 the secretary Cor the department
OF war, that he same may be compared
with muster rolls, or other documents in
his Office and the said secretary shall
make statement of all such cases, which.
together with all the testimony, he shall
from time 10 time transmit 10 Congress,
wi'h such remarks as he may think pro-
per, that Congress may be enabled to
place such claimants on the pension list
as shall be found entitled to The privilege.
And It shall be the duly Of the judre, or
commissioner, aforesaid, to permit each
claimant to take a transcript of The evil
denee and proceedings had respecting his
claim, u he shall desire it, and 70 cer.ily
tie same TO be correct.
Sec. 4. .Hnd be it.fitrther enacted, Ths,
every pension, or increase thereof, by viz
tue Of this aet, shall commence on The day
when The claimant shall have completed
his testimony, before the authority p,cper
TO take the same.