New Orleans Republican., 1873-08-13


riage so proved shall be deemed and held
to be lawful children Of such soldier or
| sailor; provided, that this section shall not
be applicable to any claims on account OF
persons who ehalI have enlisted after the
passage of this act.
SEC. IL. That if any person has died, or
shall hereafter die, leaving widow en-
titled to pension by reason OF his death,
| and child or children under sixteen years
| of age by such widow, and it shall be duly
certified under seal by any court having
| probate jurisdiction. that satisfactory ev!.
dence has been produced before such court
upon due notice to the widow that the
| widow aforesaid has abandoned the care OF
such child or children, or that she IS an un-
suitable person. by reason OF immoral con-
duct, to have the custody OF the same, or
on presentation Of satisfactory evidence
| thereof to the Commissioner OF Pensions,
| then no pension shall be allowed to such
widow until such child or children shall
I, have attained the age of sixteen years. any
| provisions of this act c- ct any previous
act to the contrary Notwithstanding; and
| the said child or children aforesaid shall
be pensioned in the same manner and from
the same date as if no widow had survived
such person, and such pension shall be paid
| to the guardian of such child or children;
! provided. that if in any case payment OF
pension shall have been made to the widow,
the pension to the child or children ehall
| commence from the date to which ner pen-
| sion has been paid.
| SEC. -. That if any person embraced
! within the provisions Of the frs: section OF
| this act has died since the fourth day of
! March, eighteen hundred and sixty-one, or
shall hereafter die. by reason OF any wound,
| injury, casualty, or disease, which, under
| the conditions and limitations of said Sec
| ton would have entitled him to an invalid
| pension, and has not left or shall not leave
a widow or legitimate child, but has left or
shall leave other relative or relatives VINO
were dependent upon him for support at
| the date OF his death, sucn relative O. rela-
tives shall be entitled in the following order
OF precedence to receive the same pension,
as such person would have been entitled to
had he been totally disabled, 10 commence
from the death of such person. namely. first,
the mother; secondly, the father; thirdly,
orphan brothers and sisters under sixteen
years of age, who shall be pensioIed jointly:
provided, that where orphan children OF
the same parent have different :ar
dlans, or portion of them only are under
guardian ship. the share OF the Joint pension
to which each ward shall be entitled shall
be paid to the guardian Of such ward; pro-
vided. that if in any case said person shall
have left father and mother who are depen-
Ocut UpOu AALu. lutu, OA LllC NCNlu O1 luC
mother, the father shall become entitled to
the pension, commencing from and after
the death Of the mother; and upon the
death of the mother and father, or upon
the death of the father and the remarriage
of the mother. the dependent brothers and
sisters under sixteen years Of age shall
jointly become entitled to such pension
until they attain the age Of sixteen years
respectively, commencing from the Death
~ e,n1 %lov
right to the pension; provided, that .
mother shall be assumed to have been de-
pendent upon her son, within the meaning
OF this act, If. at the date OF his death. she
had no other adequate means OF supper:
than the ordinary proceeds of her
own manual labor ard the contributions Of
said son or Of any other persons not legally
bound to aid in her support; and il, by
actual contributions or in any otEer way.
the son had recognized his obligations to
aid in support OF said mother, or was by
law bound to such support, and that
father or minor brother or SIS
ter shall, in like manner and
under like conditions, be assumed to have
been dependent, except that the income
which was derived or derivable from his
actual or possible manual labor shall be
taken into accoun. iu estimating fathers
means OF independent support; provided,
LudC tut pVuSlOu dllONcu " duN
person on account Of his or her dependence
as herein before provided shall not be paid
Tor any period during which it shall not be
necessary as a means OF adequate subs!st-
ence.
SEC. -. That the remaYriage Of any
widow, dependent mother or dependent
sister, entitled to pension shall not bar her
right to such pension to the date Of her re-
marriage, whether an application therefor
was filed before or after such marriage:
and that on the remarriage Of any widow.
dependent mother or dependent sister. hav.
ing pension, such pension shall cease.
Sec. Is. That all pensions which have
been, or which may hereafter be. granted
in consequence OF death occurring from a
cause which originated in the service since
the fourth day OF March, eighteen hundred
and sixty-one, or in consequence Of wounds
or injuries received or disease contracted
since said date, shall commence from the
death or discharge of the person on whose
account the claim has been or shall here
after be granted. or from the termination
of the right of party having prior title to
such pension; provided, that the applica-
ton for such pension has been. or shall
hereafter be. fled with the Commissioner
of Pensions within five years after the
right thereto shall have accrued: other
wise the pension shall commence from the
date Of fling the last evidence necessary to
establish the same; provided further, that
the limitation herein prescribed shall no.
apply to claims by or in behalf Of insane
persons or persons under sixteen years.
Sec. l6. That in constituting the preceding
section, the ri ght Of persons entitled to pen
sions shall be recognized as accruing at the
Of such pension, and that the right of de-
pendent father or dependent brother to
pension shall not in any case be held to
have accrued prior to the sixth day Of June,
eighteen hundred and sixty.six: and the
right of all other classes of claimants, if ap-
plying on account of the death Of person
who was regularly mustered into the ser
vice, or regularly employed in the navy. or
upon the gurbOats or war vessels of the
United States, shall not be held to have ac-
crued prior to the fourteenth day
of July, eighteen hundred and sixty.
two; if applying on account of a chaplain
of the army, their right shall not be held to
have accrued prior to the ninth day of
April, eighteen hundred and sixty-four; if
applying on account Of an enlisted soldier
who was not mustered, or a non-enlisted
man in temporary service, their right shall |
not be held to have accrued prior TO the |
fourth day. OF July, eighteen hundred and
sixty -four; if applying on account Of an act. |
ing assistant or contract surgeon, their right |
shall not be held to have accrued prior to |
the third day of March, eighteen hundred |
and sixty.fve; if applying on account of |
persons enlisted as teamsters, wagoners, ar |
tltcers, hospital stewards, or farriers. their |
right shall not be held to have accrued prior |
to the sixth day of June, eighteen hundred |
and sixty-six; and the right of all classes of |
applying on account of provost |
deputy provost marshal. or enroll
ing officer, shall not be held to have ac-
crued prior to the twenty fifth day OF july,
eighteen hundred and sixty-six; provided, |
that the right Of widow or dependent |
mother who married prior, ard did not ap-
ply till subsequent to the twenty-seventh