The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-08-21
OFFICIAL.
LAWS OF THE UNITED STATES.
Passed at the Second Session Of The
F0rtieth Congress. y "''
[PUBLIc-No. 116.l
A n a Of ralofino 20 D.

| huuSS Vi Representatives OF tn
United States of America in Congress
assembled. That the laws grantin
pensions to the hereinafter -mentione
dependent relatives of deceased Der
sous leaving neither widow nor chill
entitled to pensions under existin
laws, shall be so construed as to Civ
precedence to such relative il
the following order, namely: First
mothers; secondly, fathers; thirdly
orphan brothers and sisters unde
sixteen years of age, who shall b,
pensi0ned jointly if there be NOR,
than one: Provided, That if. in arr
case, the said persons shall have Lee
both father and mother who were de
pendent upon them, then on the
death of the mother the father shall
become entitled to a pension con,
mencing from and after the death oi
the mother; and upon the death of the
mother and father the dependent
brothers and sisters under sixteen
years of age shall Jointly become en-
titled to such pension until they at
tain the age of sixteen years, respec-
lively, commencing from and after the
death of the party who, preceding
them, would have been entitled to
the same: And provided further,
That no pension heretofore awarded
shall be affected by anything herein
contained.
SEC. 2. And be it further enacted
That no person shall be entitled to a
pension by reason of wounds received
or disease contracted, in the service of
hn In Nnt k.rtr A..
the passage ofthis act, unless the per-
son who was wounded or contracted
disease was in the line of duty; and If,
in the military service, was at the time
actually in the field. or on the march,
or at some post, fort or garrison; or
If In the naval service was at the time
borne on the books of some ship, or
oSher vessel of the United States, at
sea or In harbor, actually in commits
sion, or was on his way, by direction
of competent authority, to the United
States, or to some other vessel or ma
val station.
SEC. 3. And be it further enacted,
That so much OF the acts approved
April sixth, eighteen hundred and
and August twenty third,
eighteen hundred and forfy-two, as
requires that pensions remaining un-
claimed for fourteen months, after
the same have become due, shall be
adjusted at the office Of the Third
Auditor, is hereby repealed; and the
failure of any pensioner to claim his
or her pension for period of three
years after the same shall have be-
come due, shall be deemed presump-
tive evidence that such pension has
legally terminated by reason of the
pc nsioncr's death, re-marriaga, re-
covery from disability, or otherwise.
and the pensioners name shall be
stricken from the rolls, subject to the
right of restoration to the same on a
a rev application, with evidence sat
accounting for the failure
to claim such pension.
Sec. 4. Aud be it further enacted,
That if any officer, soldier, seaman, or
enlisted mau has died since the fourth
day Of March, eighteen hundred and
sixty-one, or shall hereafter die, leav-
ing widow entitled to q pension, and
a child or children under sixteen
years of age by former wife, each of
said children shall be entitled to re-
ceive two dollars per month, to COM
mence from the death of their va Der
and continue until they sever
ally attain the age Of sixteen
years, to be paid to the guardian of
such child or orchildren Tor their use and
benefit: Provided, however, That in
all cases where such widow is charged
with the care, custody, and mainten-
ance of such child or children, the
said sum of two dollars per month for
each of said children shall be paid to
her for and during the time she is, or
may have been so charged with the
care, custody and maintenance of
such child or children, subject to the
same conditions, provisions, and linn
itations as if they were her own chill
dren by her said deceased husband
SEC. 5. And be it further enacted,
That in all cases where an increased
pension has been or may hereafter be
granted toany widow or guardian OF the
children under sixteen years Of age of
a deceased soldier or sailor under an
act entitled An act increasing the
pensions of widows, and for other
purposes" approved July twenty
fifth eighteen hundred and sixty-six,
or any subsequent act, such widow or
the guardian of such children, shall
not be deprived of such increase by
reason of any child or children OF
such deceased soldier or sailor being
the inmate of any home, orphan s asy-
linn. or other public or private chari-
table institution organized for the care
and education of soldiers orphans
under the laws of any ob the
States, or in any school or institution
where such orphan may. In whole or
in part, be maintained or educated at
the expense of State, or Of the pub
lie.
SEC. 6. And be it further enacted,
That all pensions which have been
granted in consequence of death oc-
curing or disease contracted, or
wounds received, since the fourth day
of March, eighteen hundred and
sixty one, or may hereafter be granted
shall commence from the discharge or
from the death of the person on whose
account the pension has been granted;
Provided, That the application TOR
such pension has been or shall here
after be. fled with the Commissioner
of Pensions within five years after
the right thereto shall have accrued !;
except that applications BY or in be-
half of insane persons and children
nnder sixteen years of age may be
fled after the expiration of the said
FIVE wears, if previously thereto they
were without guardians or proper
legal representatives.
SEC. I. And be it further enacted,
That Immediately upon the passage of
this act. or as soon thereafter as may
be practicable, it shall be the duty of
the Commissioner of Pensions to give
public notice of the contents of the
foregoing section, particularly at the
offices of the several pension agen-
cies: and upon any application by let.
ter or otherwise for or on behalf Of
any person entitled to the benefit OF
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