Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-09-09

sions 70 the hereir a fter .men toned depeadeat
relatives q deceased persons leaving neither
isung laws, shall BE- so construed TO give
precedence 10 such relatives On the folio wing
ORDER, namely: fIrst, mothers; secondly, Ia
mers, thirdly, orphan brothers and sisters un-
Ger sixteen years OF age, who shall be psa-
stoned Jointly If there b. more than one: Pro-
rtdea, That ~ an any case, the said persons
shail nave lett both father and mother who
Were dspendent upon them theu on ths DEAN
or the mother the father shall become titled 20
apension commencing from ana after the death
and fa r the dependent orsthers and Sisters
under sixteen years OF Age shall Jointly become
entitled to such pension ustII thew sttsn the
age OF sixteen years, respectively, commencing
preceding them. would have been entitled a,
the same: ind prorided further. That no pension
heretofore awarded snaii be affected oy any
thing herein contained.
SIC. ,. And De IL fsrthey enacted. That no
person shall be entitled 70 q pension by rpSsop
OF wounds received, or disease contracted,
the service Of the United States, subsequently,
TO the passage Of this act, unless the person
who was wounded or contracted disease was
IN the line Of duty, and, IL m the miitsry SER
vice, was at the time actually in the field, OF
on the march. or at some post, fort, or garrison;
or If in the naval service was nj the time borne
on the books Of some ship, or other vessel OF
the United states, al sea or In harbor, actually
in commission, or was on his way. by dirpc-
ton Of competent authority, 10 the United
States, or TO some other vessel or naval station
much Of the acts approved April sixth. eieh-
teen hundred and thirty-eight, and August
twenty-third, eighteen hundred and forty-two
as equires that pensions remaining unclaimed
for fourteen months after the same have be-
come due, shall be ad justed at the ONCE of the
Third Auditor, is hereby repealed: and the
failure OF any pensIoner TO claim his OF her
pension for a period Of three years after the
same shall have become due, shall be deemed
presumptve evidence that such pension mas
legally terminated by reason OF the pensioners
Ia. q frnra a
Otherwise, and the pensioners name shall De
stricken from the rolls, subject TO the right OF
restoration TO the same on new application,
with e' idence satisfactorily accounting for the
failure TO claim such pension.
SIC. 4. Aadbe IL further enacted, Thst IL any off,
Ger, soldier seaman or enlisted man has died
since the fourth day of Marc heighteen hundred
and sixty-oue, or shall hereafter die, leaving a
widow entitled to a pension, and a child or
children under sixteen years OF age by n form
er wife, each OF said children shall br entitled
to receive two dollars per month, to commence
from the death Of their father and continue un-
ill they severally attain the age ofsIxteen years
TO be paid 10 the guardian OF such child or chill
dren Tor their use and benefit: Prorifed, Eo,g-
ereT, That in all cases where such widow is
charged with the care, custody, and maIute-
nance OF such child or children. the said sum
of two dollars per month for each of said chill
dren shall be paid TO her for and during the
time she is, or may have been, so charged with
the care, custody, and maintenance o. such
child or children, subject TO the sane cendi-
tions. provisions. and limitations as il they
Were her own children by her said deceased
husband.
SEC 5. And be IL fs-tLer enacted, That in ALI
cases where an increased pension has been or
may hereafter be granted 10 any widow or
guardian of the children under sixteen wears of
age OF deceased soldier or sailor under an act
entitled IAN act increasing the pensions of
widows, and for other purposes" a,pproyed
July twenty fifth, eighteen hundred and sixty
six. or any subsequent act, such widow, OF tue
guardian of such children, shall not BE- de-
priyed OF such increase by re Ison OF any child
or children OF such deceased soldier or sailor
being the inmate of aRy home, orphans asy-
lum. or other public or private charitable in
stItutlon organized for the care and education
Of soldiers orphans under the laws OF any of
the States, or in any school or institution where
such orphan may in whole or IN part be main
tanned or educated at the expense Of a State or
of the public.
SEC. 6. And be itrurtter enacted That all peu.
sions which have been granted in consequence
Of death occurring or disease contracted, or
wounds received, since the fourth day of
March, eighteen hunQred and sixty-eue or
may hereafter be granted, shall commen &c from
the dis barge or from the death OF the person ON
whose account the pension has been or shall
hereafter be granted: PrOrided, That the appIi.
catien for such pc nsIon has been or shall here
after be. filed with the Commissioner of Pen
s,ons within five years after the right thereto
shall have accrued; except that applications by
or in behalf OF insane persons and children un-
der sixteen years of age may be filed after the
expiration OF the said five years, if previously
thereto they were without guardians or other
proper legal representatives.
SEC. :. And Be IL further enacted, That fmme-
diately upon the passage OF this act, or as soon
thereafter as may be practicable, IL shall be the
duty of the Commissioner Of Pensions 70 give
public notice OF the contents OF the foregoing
section, particularly al the offices OF the several
pens ION agencies: and upon any application by
letter or otherwise for behalf of any person
entitled 10 the benefit OF its provisions or upou
any notification that such person is SO entitled
TO pay or cause to be paid TO him all such ar
rea-s Of pensions as he may be entitled 70 nm
der the provisions of the SAID section: and no
claim agent or other person shall be- entitled 10
receive any compensation for services in max
ing application for the arrears OF pension IN.
der tins and the preceding section.
Sc. {. And Je az further enacted, That section
eleven of an act entitled IAN act supplement-
airy TO the several acts relating TO pensio
approved June six eighteen hundred ard sixty
six. be amended and re-enacted TO read As
follows: "Phat If any officer. soldier. or seaman
shall have died Of wounds received or CT dis
ease contracted in the line Of duty IN the mill
tary or naval service OF the United States leay-
ing widow and a child or children under the
age Of sixteen years, AMI II shall be duly certl-
fed under seal, by any court having probate
jurisdiction, that satisfactory evidence has been
prod uced before snch court that the widow
aforesaid has abandoned the care OF such child
or children, or is an unsuitable person. by rea-
son OF immoral conduct, TO have the custody of
the same, or or presentation of satisfactory
evidence thereof u the Commissioner OF Pen
sions, then no pension shall be allowed TO such
widow until said hid or children shah have
seyerally become sixteen years of age. any pre-
ylous enactment to the cont rary nofwiths stand
ing; and the child or children AFORESAID shall BE-
pensIoned in the same manner as If no widow
lad survived the sald officer, soldier, OF sea-
man, and such pension may be paid 10 the reg
ularly authorized guardian Of such child or
children"
SIC. 0. And be Il further enacted, That Sec
ton SIX OF an act entitled San act supplement
tary to the several acts relating TO pensions
approved June six, eighteen hundred and
sixty six. be, and the same is hereby. amended
and re-enacted, so as 10 read follows That
| if any person entitled 10 a pension has died
since March fourth, eighteen hundred and
sixty -one, or shall hereafter die while an ap-
pIication for such pension is pending, leaving
no widow and no child under sixteen years OF
age, his or her heirs or legal representatives
shall be entitled 10 receive the accrued pension
| TO which The applicant would have been en-
titled had the certificate been issued before his
or her death.
| SEC. 10. And be IL further enacted, That the
| remarriage of any widow or dependent mother,
otherwise entitled TO a pension prior TO the ap-
plication therefor, or TO the ISIS OF A pension
certificate 20 her. shall not debar her ght 10 a
| pension for the period elapsing from the death
OF her husband or SON, on account of whose
| services and death she may claim pension, TO
her re marriage: IrOCided hOtce rer, Taat nothing
, IN this section shall be construed 20 repeal or
| modify The fourth section of an act entitled
| IAN act supplementary 10 the several acts
| granting pensions" approved March third
| eighteen hundred and slxty.fiye.
| SEC. IL. And be IL fsrtser enacted, That the
1 provisions of the ninth section of an act an