The Portland daily press., 1873-06-09

and in the line of duty and If such evidence is deemed
satisfactory by The officer to whom 1t may be submit
ted he shall cause record Of the fact so proved to
he made aud copy Of the same to transmittea 10
the commissioner Of Pensions and tue bar 10 tbe
Of the claim shall thereby be
SEC %. That If any 1ensioner, or any 81 bic @
ted TO pension, who during the Pendesy tb s;"b
Teen bnndreS and sixty-one shall hereafter die,
his widow or ii no willow, his cnln or at u
der siytae vears of age at the time OF MS deatn snail
- raceiye The accrued pension to the date
" III such accrued pension shall not be con-
sidered as part of the assets oi deceased nor Die
" D case whatever, but shall inure to the sole
nd exclusive benefit of the widow or children; and
If no widow child survive no payment whatsoever
of the accrued pension shall be made allowed, ex-
cept so much as may be necessary to reimburse the
person who bore the expenses of the last sickness
and burial of the decedenl cases. where he did not
leave sufficient assets to meet such expenses
SEC &c. That the failure of any pensioner to claim
his or her pension for three years after the same shall
dence that such pension has legally terminated by
reason of the pensioners DEATH remarrilge
from the disability or otherwise, and the pensioners
name shall be stricken from the list of pensioners
subject to the right restoration to the same on
new application by the pensioner or if the pensioner
is dead, by the widow or minor children entitled to
receive the accrued pension, accompanied by evil
dence satisfactorily accounting for the failure to
claim such pension and by medical evidence in cases
OF inyalids who were not exempt from biennial exam
nations as to the continuance of The disability.
SEC ~. That when the rate, commencement,
and duration Of pension allowed by special act are
fixed by such act they shall not be subject to be
red by the provisions and limitations of the general
pension laws, but when not thus fixed the rate and
continuance of the pension shall be subject to varia
tim in accordance with the general laws and its
commencement shall date from the passage of the
special act and the Commissioner of Pensions sbal
upon satisfactory evidence that fraud perpetrat
ell in obtaining such special act, suspend payment
thereupon until the propriety Of repeating the same
can be considered by Congress.
SEC. 49, That the term of limitation prescribed by
sections sixteen and twentythree of this act sha in
pending claims of Indians, be extended to Two years
from and after the passage of this act that all proof
which has heretofore been taken before an Indian
agent, before officer of any tribe, competent
cOrdng to the rules of said tribe administer oaths
shall be held and regarded by the Pension-Ofee IN
the examining and determining of claims of Indians
an officer recognized by the law at the time COM
petent to administer oaths; that all proof wanting in
said claims hereafter as well as in those filed after
the passage of this act shall be taken before the
agent of the tribe to which the claimants respective
belong that in regard to dates, all applications of
Indians now on file be treated as though they
made before competent officer at their respective
dates and If found to be in all other respects conclu
sve, they shall be allowed; and that Indians shall be
from the obligation to take the oath to
support the Constitution of the United States, re-
quired by the act of February fourteenth, eighteen
hundred and seventy-one, providing for pensions to
certain soldiers and sailors of the war of eighteen
hundred and twelve, and to widows of deceased SOL
diers.
SEC. %. That the President shall appoint In the
Department of the Interior, by and with the advice
anu consent OF the Senate, competent person, who
shall be called the Deputy Commissioner of Pensions
lars who shall be charged with such duties in the
Pension bureau may be prescribed by the Secreta
of the Interior or may be required by law and in
of the DEATH resign on absence, OF sickness of
the Commissioner, his duties shall devoge upon the
Deputy Commissioner until successor shell be ap-
pointed, or such absence or sickness shall cease.
SEC. 80. That the Commissioner OF Pensions is
hereby authorized and empowered to detail, from
time to time, clerks in his Office to investigate
United States, through and by virtue of the provs
ions Of this or any other act OF Congress providing
for pensions, and to aid in prosecuting any person
offending, with such additional compensation as is
customary in cases of special service; and that any
person detailed shall have the power to administer
oaths and take affidavs in the course of any such
investigation.
SEC. 81. That agent or attorney or other person
instrumental in prosecuting any claim for pension or
bounty-and shall demand or receive any other COM
pensaton for his services in prosecuting claim for
tension or bounty-land than such as the Commits
oner of Pensions shall direct to be paid to him, not
exceeding twenty-five dollars; and any agent or at
torney any other person instrumental IN prosecut-
ing any claim for pension or bounty-land who shall
directly or indirectly contract for demand or receive
retain any greater compensation for his services
in prosecuting claim for pension
bounty-land than is hereinbefore provided, or who
shall wrongfuly withhold from pensioner or claim
the whole any part of the pension claim al
lowed and due such pensioner or claimant, or the
land-warrant issued to any such claimant, shall be
deemet guilty of high misdemeanor, and, upon
conviction thereof, SHALL for every such oense be
fined not exceeding five hundred dollars or impris-
oned at hard labor not exceeding two years, or both
at the discretion of the court. And if any guardian
having the charge and custody of the pension of his
ward shall embezzle the same in violation of his
trust, or frauduently convert the same to his own
USE he shall be punished by fine exceeding two
thousand dollars imprisonment at hard labor for
term not exceeding five years. or both, at the dscre
ton of the court.
ment, transfer of any light claim or interest in any
pension which has been may hereafter be granted
shall be void and OF no efect and any person acting
attorney to receive and receipt for money for and
in behalf of any person entitled to pension shall,
before receiving said money, take and subscribe an
OATH to be filed with the penson-agent, and by him
to be transmitted, with the vouchers now required
by law, to the proper accounting of the treas
ury, that he has no interest in said money by any
pledge, mortgage sale, assignment, or transfer and
been SO disposed of to any person; and any person
who shall falsely take the said oath shall be guilty of
perjury, and. on conviction, shall be liable to the
pains and penalties of perjury.
SEC SO. That any person who shall knowingly OF
wfuly in any wise procure the making or presenta-
ton of any false or fraudulent affidavit concerning
any claim for pension or payment thereof. or per-
tanning to any other matter within the jurisdiction of
the Commissioner of Pensions, shall knowingly or
wfully present o. cause to be presented at any PEN
ssn-agency any power Of attorney, other paper
quired voucher in drawing pension, which pa
per shall bear date subsequent to that on which it
actually signed or executed, such person Of
tending shall be deemed guilty of high misdemean-
Or anu SHALL on conviction thereof be punished by
eXCeetilHR uye nDnUFeQ or Dy lmpfS-
onment tor term not exceeding three years, or by
BOTH the discretion of the court before whom such
conviction shall be had; and no sum of money due,
or to become DUE to any pensioner under the laws
aforesaid shall be liable to attachment levy, seiz
ure, by under any legal or equitable process what
ever whether the same remains with the Pension
Office, any officer or agent thereof, or is in course
of transmission to the pensoner entitled thereto, but
shall inure wholly to the benefit of such pensioner.
SEC. "a. Tha in all cases Of application for tee
fourth day of September Of odd year, the certif
cate of an examining surgeon Only appointed by the
Commissioner of Pensions, or OF surgeon Of the
ity for which the pension was originally granted,
describing it, and the degree of such disability at
the time of making the certificate, shall be required
to accompany the vouchers, and duplicate thereof
shall be filed in the office of the Commissioner of
Pensions and if in case of continued disability it
shall be stated at degree below that for which the
pension was originally granted, or was last paid the
pensioner shall only be paid for the quarter then due
at the rate stated in the certificate Proyded That
sequent upon the loss of limb, other essential
portion of the body, for other which cannot
in whole or in part be removed, OF when disability
is certified by competent examining surgeons, to the
satisfaction Of the Commissioner of Pensions to have
become permanent in degree equal to the whole
rate of pension, the above certificate shall not be
essary to enttle the pensoner to payment and pro-
Ujded further, That this section shall not be con-
strued to prevent the Commissioner of Pensions from
requiring more frequent examination if, in bis judg-
ment, 1t Is necessary.
SEC. So. That the Commissioner CT Pensions be,
creton civil surgeons to make the periodical exami
nations Of pensioners which are, may be, required
by law, and to examine applicants for pension,
where he shall deem an examination by surgeon
appointed by him necessary; and the fee Tor such ex
aminations, and the requisite certificates thereof i'll
duplicate, including postage on such as are trans
mited to penson-agents, shall be two dollars, which
shall be paid by the agent for paying pensions in the
district within which the pensioner Oh claimant re-
Sides out of any money appropriated for the pay
ment of pensions, under such regulations the Com
missioner CT Pensions may prescribe.
SEC. SO. That the Commissioner of Pensions be au-
thorzed to organize at his discretion boards of eX-
amining surgeons not to exceed three members, ami
that each member of board thus organized who
shall have been actually present and made in con-
nection with other members or member, an ordered
periodical examination shall be entitled to the fee
of dollar the receipt of proper certificate of
said examination by the Commissi ner Of Pensions.
SEC. 81. That examining surge ms duly appointed
by the Commissioner Of Pensions, and such other
qualified surgeons may be employed in the Pen
sion-Ofice, may be required by him, from time to
time as he shall deem for the interests Of thu gov
eminent, to make special examinations Of pension
ers, applicants for pension, and such examinations
whether special or bennal but when injustice is al
legged to have been done by examination order
ed, the Commissioner of Pensions may, at his dscre-
ton, select board of three duy-apnointed exa4 in
ing surgeons who shall meet at place TO be desig-
mated by him. and shall review such as may be
ordered before them on appeal from any special ex-