New Orleans Republican., 1873-08-10

March eighteen hundred and sixty -one,
and an application for pension shall not
have been filed within three years from the
discharge or death Of the person on whose
account the claim is made. or within three
wears of the termination CT a pension pcevi-
ouslv granted on account of the service and
death of the same person, the pension shall
commence from the date Ct nling. by the
party prosecuting the claim fne last paper
requisite to establish the same: pr0gided.
that no claim allowed prior to the sixth day
Of June. eighteen hundred and slxty-siX,
shall be affected ty anything herein COZ
tanned.
SEC. 20. That nothing 10 this act shall be
so construed as TO allow more than one pen =
sion az the same time 70 the same person or
to persons entitled jointly: out any pen
sioner who shall SO elect NAV surrender his
or her certificate, and receive IN lieu there
Of certificate for any other pension to
which he or she would hare been entitled
had not the surrendered certificate been
is sued: provided, that al payments prev
ouslv made for any period covered ty the
new certificate shall be Deducted from The
amount allowed by said certificate.
SEC u, That declarations OF pension
claimants shall be made lefore a court OF
record. or before some office thereof having
custody OF its seal. said offer hereby being
fully authorized and empowered 70 admin
lister and certify any oath G affirmation re-
latlng to any pension or az pLcauon there
for; provided, that the Commissioner OF
Pensions may designate, n localities more
than twenty five miles distant from any
place at which such court is hidden, persons
duly qualified to administer oaths. before
whom declarations may be made and testi-
mony taken, and may accept declarations
of claimants residing in fTagn countries
made before a United Staes minister or
consul. or before some officer y the country
duly authorized to administer oaths for gen
eral purposes, and whose official character
and signature shall be duly authenticated
by the certificate OF a Unltet States minis
ter or consul: declarations il claims of In
dians made before United States agent
and declarations in claims unler the act OF
February fourteenth, eighteen hundred and
seventy y-One, made before an dficer duly au-
thOriZed to administer oatns T general pur-
poses, when the applicants, y reason of in
trinity of age, are unable tt travel pro-
vided. that any declaration Eade before an
officer duly authorized TO administer oaths
for general purposes shall ie accepted 10
exempt claim from the Imitation ae 70
date OF filing prescribed 1n tie fifteenth sec
ton OF this act.
SEC. -. That the Commissioner of Pen
sons. on application being made to himl lin
person or by letter by any claimant or APP
plicanu for pension. bounty and. or other
allowance required by law to be adjusted
OF paid by the Pension Otite, shall furnish
ouch person. free of all expenseto him or her,
all such printed instructions md forms as
may be necessary in establishing and Oh
tanning said claim: and Oh The issuing OF
certificate of pension, or CT bounty land
warrant. he shall forthwith notify the
claimant or applicant. ard aso the agent
or attorney in the case, ii the-' be one, that
such certificate has been .ssud, or allow
ence made, and the date and amount
thereof.
Sec. %. That no money OF account OF
pension shall be paid TO any lerson, or to
the widow, children or heir of any de-
ceased person. who in any manner volun-
tarily engaged in. or aided orabetted. the
late rebellion against the authority Of the
United States.
SEC. "a. That no claim :or pension not
prosecuted to successful isue within
i've years from the dat OF filing
the same shall be admitted without
record evidence from tn. War or
Navy Department of the injury or the
disease which resulted in the disability or
death OF the person on wboseaccOunt the
claim is made provided, thatin any case
in which the limitation prescribed by this
section bars the further proea1tiOn of the
claim, the claimant may present through
the Pension Office, to the Adutsnt General
of the army or the Surgeon General of tie
navy, evidence that the disease or injury
which resulted in the disability r death OF
the person on whose account tie claim is
made originated in the service and in the
line of duty; and if such evidelee is deemed
satisfactory by the officer to whom it may
be submitted, he shall cause arecord of the
fact SO proved to be made, md copy OF
the same to be transmitted tCtne Commits
sioner of Pensions, and the bato the prose
cution of the claim shall threby be re-
moved.
SEC. %. That if any pensi1er. or any
person entitled to a pension, who during
died since March fourth, eighen hundred
and sixty-one. or shall hereafter die. his
widow, or if no widow. his childor children
under sixteen years of age at he time OF
his death, shall be entitled to eceive the
accrued pension to the date OF
death, such accrued penson shall |
not be considered as part of te assets OF
the estate of deceased, nor iabe TO be ap.- !
piled to the payment of the dhts OF said
estate in any case whatever. outhall inuie
to the sole and exclusive bentit OF the |
widow or children; and if no widow or
child survive, no payment whatsoever OF |
the accrued pension shall b' made or |
allowed, except SO much as may be neces- |
sary to reimburse the person wb bore the |
EXPENSES OF the last sickness an, burial OF |
the decedent in cases where e did not |
leave sufficient assets 10 luee such eX- |
penses. !
SEC. %. That the failure o: az. pensioner |
to claim his or her pension :or nree years |
after the same shall have becom due shall |
be deemed presumptive eviGenc that such |
hoo t...t paaS n
the pensioners death. reInarriae. recovery |
from the disability, or otherw,e. and the
pensioners name shall be stllckn from the |
list of pensioners, subject tO tie right OF |
restoration to the same on a r'w appllca'
ton by the pensioner, or. il the peIsloner
is dead, by the widow Or mine children |
entitled to receive the acc,ud pension, |
accompanied by evidence satisfactorily ac- |
counting for the failure to clail such pen.
sion. and by medical evidence in cases OF |
invalids who were not exemption biennial
examinations as to the cOntlauce OF the |
disability.
SEC. y. That when the rae commence |
ment and duration OF penSDs allowed by !
special act are fixed by such iC they shall |
not be subject to be varied fy the provls- |
ions and limitations of the g,eraI pension |
laws. but when not thus tixeithe rate ana
continuance OF the pension sll! be SUBJECT |
to variation in accordance VIZ. the general |
laws. and its commencement shall GATE |,
from the passage of the speciaact. ana the ,
Commissioner of Pensions sha. upon satls-
factory evidence that fraud va perpetrared |
in obtaining such special act.risrend pay !
men: theyeupon until the ,rprietIy OF re- !
pealing the same can be ons!Ge.fG ry !
Congress.
SEC. IS. That the tern, Of .~1;ta.on pre- |
scribed 10y sections sixteen .ai twenty
three OF this act shall. IN renmy claims Of !
indians, be extended 70 TWO rAls from and /.
after the passage of this act: hat al! proof !
which has heretofore been :atn before III !