Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1864-03-19
LAWS OF WISCONSIN.
Published March 10, 1854.
GHAPrER III

I
in the service of the United states of this
state, and grovidBg for the relief of families OF
such soldiers in certain cases, aud to prescribe
severe penalties for frauds committed in procur-
Ing such extra pay.
The people of the state OF Wisconsin, represented
/ in senate and assembly, do enact as follows:
/ Section i. Each enlisted drafted COM
mi.sioned officer, musician and private heretofore
or hereafter mustered into the military of
the United States of this state, pursuance OF
auy law of congress or of this state, aud having a
family dependent on him for support, shall receive
from the time OF being So mustered, IN addition to
the pay provided for like non -comm ed Off
GERS. musicians and lrvates in the army of the
United States, the SUN of Eve dollars per mon h
prOrtded, hO10, Ger, that this act shall be so
| construed as TO extend said monthly pay 20 the
family of any person who at the time of enIistms n
was not an actual resident of the of Wiscon-
| siu, or who enlisted in any company regiment
nor orgsuiztd within this state, except in such ca
SEES "a are provided for in section ii of this act
| and proCtded, yUrther, that no non-commisso ne ID
officer, musician or private who shall desert be
dlshoaoiably dismissed the service, shall be enti-
tied to the benefits of this act but any soldier who
having once deserted, has returned or shall
to his regiment under the presidents proclamation
OF PARDON shall be entitled to the dement's OF this
act from the time he was shall be restored to his
/ company%
sec. z. The term "family "or s'famiIies' y where
it occurs in this act, shall be construed to mean
the wife living with and actually dependent upon
the soldier for support at the time of his enlist
or being drafted; OF, having wife, above, or if
the wife shalt have deserted his child chidre
then his CHI ldren under fourteen years of age or,
having no wife or children, the widowed moth
er actually dependent upon the soldier for support
at the time OF his enlistment or being drafted or
having wife children, or widowed mot b.
er, then the intlrm INDECENT father actually aud
wholly disabled fom supporting himself, aud wholly
dependent upon the labor OF said soldier fol support
at the time Of his enlistment or being drafted in
any case IN which the dependence If a parent has
been or shall be transferred from the husband to
| son, BY the dea'h of said husband service,
or from ono sou, by tbs death of said in
Ice, to another son or sons still in service,
the said parent OF rents shall be entitled to
celye the said i've doiiaIs per month long as
said parent or parents has or have any in service
ugon whOm aid parent parentsi is dope ID
ent PrOUIded, that no one family person shall
be entitled to draw more than i've dollars per
month under the provisions of this act; and pro-
Utded, also, that nothing in this act shall author
re or require the payment OF said extra compen-
saon to De made to any person wbe has received thu
extra pay heretofore provide by law for any
for shich sach person has heretofore received such
extra pay.
See. g. The additional pa, provided in section
of this act, shall not be raid the expiration
of zach month"; but shall remain in the state treas
ury. and the amount there accumulated to the
credit OF any soldier shall be used and suDropriat
ed by the state treasurer to pay such orders may
be drawd on hm,in accordance wit law for the sup
port and maintenance of the family of such SOL
der; but the pay accumulated 60 the credit of
any soldier shall not be drawn from the Treasury
on such orders, it shall be paid to such soldier
his legal representative at the expiration of his
term OF service.
See. 4. Upon the presentation to the secretary of
of the!amiy of any soldier ustered into the serv-
ice OF this state the United States, aforesaid
upon which shall be statement of justice of the
peace of the town or court commissioner in the
county in which such reside stating
the person drawing the order s the wife the per-
having charge OF the family OF sach soldier the
secretary of state, if fully Satisfied such wife
person is legally entitled to receive the extra pay
authorized by section one of this act, shall draw
his warrant upon the fund in the state treasury
for tbs amount of such order, or for ssch portion
such
lily, aad the state treasurer shall pay the
presentation.
peace residing i'll the town in which the soldier
shall reside, as required and provided in the pre-
cedng section, any justice Of the peace residing in
sny adjoining city town, within this state, shall
be authorized TO make the statement mentioned ia
said section; anu II the wife other person en-
titled TO receive such extra pay shall actually re-
move to some other town than that in which the
soldier resided at the time of his enlistment be-
lug drafted, any justice of the peace OF tire town
to which such residence is changed, shall be
authorized to make the statement mentioned in
said section.
Sec. 6. The families of all non ommissionsd of
fcers, musicians and privates, mustered into the
military service of the United States or of this
state, who are now entitled, or who have been or
may BE- come entitled under the laws of this state,
to receive five dollars per month, shall, in case
such n-c commissioned officer, IN usician private
shall have died, or shall hereafter die in the mill
tary service OF the United States Of this state
or shall die within one month after having been
honoraby discharged from the military service of
the United states Of this state, from disease or
wounds contracted or received while in such serv-
ice, continue to receive such five dollars per month
tor six months after the death of such non- COM
mssoned officer, musician private or his honor
abledischarge as aforesaid prorSded, that the same
shall cease at such time, during said 81 months,
as any such famiiy shall commence receiving PEN
sion from the United Stat.s government. such pay
ment shall be made in the same manner and to { ne
same persons is hereinbefore for The pay
ment of the said I'VE dollars per month TO the
families of soldiers.
g
rules of evidence, and require such proofs under
oath, and such certificates and statements, az he
shall deem necessary to carry out the provist Of
the act but in no case shall the claim of the faith
OF a soldier to receive the extra pay aforesaid,
be established unless upon the sworn testimony of
at least three credible and responsible persons who
shall state in their affidavit affidavits, IN at
matters and facts sworn to by them in relation to
such claim, are true of their own personal knowl-
edge. The secretary Of state may also provide all
such blanks and blank forms as he shall deem
necessary and proper to facilitate the transaction
of the business imposed on him by this act 1t
shall also be the duty of the secretary of state ON
the twentieth day of March and the twentieth day
of October, in each and every year, to make out
and forward to the town clerk of each town and
the city clerk of each city, In this state, lists
tanning the names of every parent in each of said
towns and cities who may then be receiving aid
from toe volunteer aid fund. under the provisions
of this act; audit is hereby made the duty of each
said clerks file said lists in his Office fer the
examination of any taxpayer of his town city,
who may desire to examine the same.
Sec. s If any officer person shall wilfully
make false certificate or statement to accompany
any application for the extra pay provided by this
act or shall knowingly affix jurat to false state
ment or affidavit, to be used in obtaining the aid
provided by this act, he shall forfeit double the
amount received from the state treasurer upon
such application, to be re overed, with costs,
complaint of any person who shall bring a suit
therefor in the of the state one-half the for
felt to go to the complainant, ana the remainder to
be paid to the county treasurer of the county
where the suit is brought, to be placed to the cred
it OF the of he state of Wisconsin; and such off,
Ger OF person shall, in addition to the foregoing
or, and If convicted, shall be punished by tine and
imprisonment, at the discretion OF the court.
Sec. o.. If any person shall willfully and know
ingy swear falsely in regard to any fact matter
alleged stated in any affidavit REQUIRED made
in support of any application for the aid extra
pay authorized by this act, such person shall be
deemed guilty Of perjury, and upon conviction,
shall be punished in the same manner and to the
same extent as il convicted of wilful and corrupt
perjury committed in judicial proce edng.
Sec. 10. If any person shall sign. attach or affx
the of any other person or oflcer to any afti
davit certificates statement or jurat, to be used in
making supporting any claim tor the aid or extra
pay afore said, unless the person or officer whose
name is signed, attached or affixed, De person.
ally present at the time, and, after having first
read heard read such affidavit, certificate or
statement, expressly authorize his name to be
signed attached or affixed thereto, shall be deemed
guilty of forgery, and upon conviction thereof,
shall be punished therefor in the manner and to
the fame extent Ii convicted OF any ohense men
tioned in section of chapter one hundred and
sixty six of the revised statutes of this state.
See. IL. Every person who shall apply for and
receive any sum or sums of money, as extra pay to
soldiers without being legally entitled under this
amount so received, upon any such application, TO
be recovered with COSTS, and applied in the manner
provided in other by section eight of this act;
and If such person shall make said application,
hat o hA ftah