Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-08-16

to serve with any regularly organized mill
itafy or naval force of the United States,
or where persons otherwise volunteered
and rendered service in any engagement
with the rebels or Indians since the fourth
day of March, eighteen hundred and sixty
one, shall, if they have been disabled in
consequence of wounds received ia battle
in such temporary service, be entitled to
the same benefits of the pension laws as
those who have been regularly mustered
into the United States service. And the
widows, or other dependents, of any such
persons as may have been killed in the
temporary service aforesaid shall be enti-
tied to pensions in the same manner ss
they would have been had such persons
been regularly mustered. Provided, that
no claim under this section shall be valid
unless presented and prosecuted to sue
cessful Issue within three years from and
after the passage of this act. All such
claims shall be adjudicated under such
special rules and regulations as the Com
missioner of Pensions may prescribe, most
effectually to guard against fraud.
Sec. 10. And be it further enacted, That
if any person entitled to an invalid PEN
sion under the provisions of the act grant
ing pensions, approved July fourteeus
eighteen hundred and sixty-two, has died,
or shall hereafter die, while an application
for such pension is pending, and having
widow, or dependent relative, entitled to
receive pension by reason of his service
and death, as provided in said act, then
the pension to such widow, or other per-
son, shall commence from the date at
which the decedent's invalid pension would
have commenced had he survived, subject
to the conditions of this act, and the act
to which this is amendatOrY.
Sec. IL. And be it further enacted, That
all enlisted soldiers in the army who shall
have become disabled in the service,
whether they shall have been regularly
mustered in or not, shall be entitled to the
same benefits of the pension laws as those
who have been regularly mustered into
the United States services and the widows,
or other dependents entitled to pensions
by law, as prescribed by the act of July
fourteen, eighteen hundred and sixty-two,
of any such soldier who may have been
killed, or shall have died, or shall hereaf-
ter die, by reason of any wound received
or disease contracted while in said service,
and in the line of duty, shall be entitled
to the same pension as though such SOL
dier had been regularly mustered into the
service.
Sec. IL. 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 claim for pen
sion 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 execu-
ted, declaration by the applicant with
the necessary afidavits, and forwarding
the same to the Pension Office, with the
requisite correspondence, ten dollars,
which sum shall be received by such agent
or attorney in full for all services in OBJ
tanning such pension, and shall not be de-
mauded or received in whole or in part
until such pension shall be obtained; and
the sixth and seventh sections of an act
entitled "An act to grant PENSIONS" sp-
proved July fourteen, eighteen hundred
and sxty-two, are hereby repealed.
Sec. l3, And be it further enacted, That
any agent or attorney who shall, directly
or indirectly, demand or receive any great
er compensation for his services under this
act, or shall contract or agree to prose-
cute any claim for a pension, bounty or
other allowance, under this act, on the
condition that he shall receive per cen
tum upon any portion of the amount of
such claim, or who shall wron gfully with
hold from pensioner or other claimant the
whole or any part of the pension or claim
allowed and due to suoh pensioner or clai-
mant, shall be deemed guilty of high
misdemeauor, and upon conviction thereof
shall for every such offence be fined not
exceeding three hundred dollars, or i'm
prisoued at hard labor not exceeding two
years, or both, according to the circum-
stances and aggravations of the offence.
Sec. ID. And be it further enacted, That
all acts and parts of acts inconsistent with
the provisions of this act are hereby re-
pealed.
Sec. 10. And be it further enacted, That
the widows and children of colored soldiers
who may be hereafter, killed, or who have
died or may hereafter die of wounds re-
ceiYed in battle or who have died or may
hereafter die of disease contracted in the
military service of the United States, and
aud in the line of duty, shall be entitled
to receive the pensions now provided by
law without other proof of marriage than
that the parties had habitually recognized
each other as man and wife, and lived to-
gether as such for definite period next
preceding the soldiers enlistment, not less
than two years, to be shown by the afida-
Wits of credible witnesses; Provided, fur
ther, That such widows and children are
free persons; that if such parties resided
in any State in which their marriage may
have been legally solemnized, the usual
evidence shall be required. Approved July
sixteen, eighteen hundred and sixty-fOur.