New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-09-04

| be appilca bic to any claims on account VI
| persons who shall have enlisted atte1 tht
| passage of this act.
SEC. r. That if any person has died, OF
| shall hereafter die. leaving widow en-
| titled 70 pension by reason OF his death
| and a child or children under sixteen years
| of age by such widow, and it shall! be duly
| certified under seal by any court haviL =
probate Jurisdiction. that satisfactory evil
| 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 IN
| suitable person. by reason o. immoral con-
duct. TO nave the custody OF the same. or
on presentation of satisfactory evidence
thereof to the Commissioner OF Pensions.
then no pension shall be allowed 70 such
widow until such child or children shall
have attained the age OF sixteen years, any
provisions OF this act OF of any previous
act to the contrary Notwithstanding; and
the said child or children aforesaid shall
be pensiOned IN the same manner ami from
the same date as if no widow had survived
such person. and such pension sha. be paid
to the guardian OF such child or children;
provided, that II in any case payment OF
pension shall have been made to the widow,
the pension TO the child or children shall
commence from the date TO which her pen
sion has been paid.
SEC. l3. That if any person embraced
within the provisions OF the first section Of
This act has died since tie fourth day OF
March, eighteen hundred and slxrv-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 who
were dependent upon him for support az
The date of his death, such relative or 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 lie been totally disabled, to commence
from the death CT such person. namely, first,
the mother; secondly, the father; thirdly,
orphan brothers and sisters under sixteen
years of age, who shall be pensioned jointly;
provided, that where orphan children OF
the same parent have different g.ar-
dlans. or portion of them only are under
guardianship. the share OF tie Joint pension
10 which each ward shall be entitled shall
be paid to TIE guardian of such ward; pro
vlded, that If IN any case said person shall
have lett father and mother who are Gepen-
dent upon him, then, on the death Of the
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
or remarrlage the party who lad the prior
right to the pension; provided, that
mother shall be assumed to have been de-
nc hpr wit bn
Of this act, il, at the date OF his death. she
had no other adequate means Of support
than the ordinary proceeds Of her
own manual labor and 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 ether way,
the son had recognized his obligations 10
aid IN support Of said mother, or WAS 10y
law bound 10 such support, and that a
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 bis
actual or possible manual labor shall De
taken into account in estimating a fathers
means OF independent support; provided,
further, that the pension allowed to any
person on account Of his or her dependence
rs hereinbet provided shall not be paid
.or any period during which it shall not be
necessary as a means Of adequate sUbsist-
.nce.
SEC. II. That the remaTriage Of any |
widow, dependent mother or dependent |
sister, entitled to pension, shall not bar her |
'lght 10 such pension to the date of her re- |
marriage, whether an application therefor |
vas filed before or after such marriage: |
mi that on tire remarriage OF any WIDOW, |
lnt mn bcp -ic Inc
ng pension, such pension shall cease.
SEC. ID. That all pensions which have
,een, or which may hereafter be, granted
n consequence OF death occurring from
ause which ori ginated IL the service since
he fourth day Of March, eighteen hundred
nd slXty-one, Or in consequence Of wounds |
r injuries received or disease contracted
ince said date, shall commence from the |
cath or discharge OF the person on whose
count the claim has been or shall here
tier be granted, or from the termination
t tie right CT party having prior title to
uch pension; provided, that tie applica-
ion for such pension has been, or shall
GREATER be, filed with the Commissioner
t Pensions within five years after the
light thereto shall have accrued; other
Use the pension shall commence from the |
ate OF fling the last evidence necessary to
stabiish the same; provided further. that
he limitation herein prescribed shall no.
pply to claims by or in behalf Of insane
ersons or persons under sixteen years.
SEC. Is. That in constituting the preceding
ection, the right OF persons entitled TO pen
ions shall be recognized as accruing at the
ate therein stated for the commencement
f such pension, and that the right of a de-
endent father or dependent brother TO
ension shall not in any case be held TO
ave accrued prior to the sixth day Of June,
lghteen hundred and siXty-siX; and the
ght OF all other classes OF claimants, if ap-
lying on account of the death OF person
'ho was regularly mustered into tie ser
ice, or regularly employed in the navy, or
pom the gunboats or war vessels Of the
'nited States, shall not be held to have ac-
rued prior to the fourteenth day
July, eighteen hundred and sixty
We; if applying on account Of a chaplain
the army. their right shall not be held to
ave accrued prior to the ninth day of
phi, eighteen hundred and siXty-tour; if
pplying on account Of an enlisted soldier
no was not mustered, or a non-enlisted |
an IN temporary service, their right shall
Dt be held to have accrued prior to the |
'urth day OF July, eighteen hundred and |
if applying or account OF an act
2 assistant or contract surgeon. their right |
lall not be held to have accrued prior to
Re third day of March, eighteen hundred |
Id s!xty-fve; if applying on account of
ersons enlisted as teamsters, wagoners, ar
icers, hospital stewards, or farriers. their
ght shall not be held to have accrued prior
the sixth day of June, eighteen hundred
I'd sixty-siI: and the right of all classes of
aimants, applying on account OF provost
arshal, deputy provost marshal. or enroll
z officer, shall not be held TO have ac-
ued prior to the twenty fifth day OF July,
ghteen hundred and sixty-six; provided,
at the right Of a widow or dependent
other who married prior, and did not APP
Y till subsequent TO the twentv-seventh
" of July, eighteen hundred and sixty
hit, shall not be held to have accrued
ior to that date.