New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-03

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 remarriage the party who had the prior
right to TIE pension; provided, that a
mother shall be assumed to have been de-
pendent upon her son. within the meaning
of this act. if, at the date Of ais death, she
lad no other adequate means OF support
tran the ordinary proceeds OF her
own manual labor and tie contributions Of
said son or of any other persons not legally
bound to aid N her support; and Ii, Dy
actual contributions or IL any other way,
the son had recognized his obligations 10
aid in support OF said mother, or was by
law found 20 such support. and that a
father or minor brother or sis
ter shall. IL Ike manner and
under like conditions. be assumed TO have
been dependent, except that the income
which was derived OF cerlvahie from Ills
actual or possible manual labor shall be
taken into account IN estimating a fathers
means Of independent support; provided,
further, that the pension allowed 10 any
person On account o. his CT her dependence
for any period during which It shall NOT be
necessary as means Ct adequate subsis.-
ence.
SEC. II. That The lem6rIlage Ct any
widow, dependent mother or dependent
sister. entitled to pension, shall not bar Ter
right to such pension &c the date OF her re-
marriage, whether an application therefor
was tiled before or after such marriage;
and that OF the reIarC.age OF any widow,
dependent mother G, dependent sister, nav.
ing pension, such pension shall cease
SEC. -. That al 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 il consequence OF wounds
or in iuries received or disease contracted
since said date, shall commence from the
death or discharge of the person OF whose
account the claim has been or shall here
after he granted, or from the termination
of the right of party having prior title to
such pension; provided, that the 'appllca-
ton for such pension has been, or shall
hereafter be, filed 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 not
apply to claims by or in behalf OF insane
persons or persons under sixteen years.
SEC. l6. That in constituting the preceding
section, the right Of persons entitled to pen
sions shall be recognized as accruing at the
date therein stated for the commencement
of such pension, and that the right of de-
pendent father or dependent brother to
pension shall not il any case be held to
have accrued prior to the sixth day Of June,
eighteen hundred and sixty.slx; and the
RICH. Of all other classes OF claimants, ii APP
plyiug On account OF the death OF a person
who was regularly mustered into tie ser
vice, or regularly employed in the navy, or
upon the gunboats or war vessels OF the
United States, shall not be held to have &C
crued prior to the fourteenth day
of July, eighteen hundred and sixty
two: if applying Cr account OF chaplain
OF TIE army, their right shall not be held to
have accrued prior 10 the ninth day OF
April. eighteen hundred and sixty-tour: il
applying on account OF an enlisted solder
who was lot mustered. or a non-enlisted
man in temporary service, their right snail
not ZEE he'd 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. the.r right
shall not be held 70 have accrued prior to
the third day of March, eighteen hundred
and slxty-fve: if applying on account OF
persons enlisted as teamsters, wagoners. ar
tifcers, hospital stewards, or tarIiers. their
right shall not be held TO have accrued prior
to the sixth day Of June, eighteen hundred
and sixty-siX: and the ight OF all classes OF
claimants. applying on account OF a provost
marshal, deputy provost marshal. or enroll
ing officer, shall Eot be held to have ac-
crued prior to the twenty fifth day OF July,
-, ,yty- tod
that the RICH. of e widow or dependent
mother who married prior, and did not APP
ply I'll! subsequent 70 the twenty
day OF July, eighteen hundred and sixty
eight, shall not be held TO have accrued
prior to that date.
SEC. Il. That i. shall oe the duty of the
Commissioner OF Pensions. upon any ap.
plication by letter Or otherwise by or on
behalf Of any persioner entitled to arrears
of pension under the fifteenth section OF
this act, or, Il any such pensioner shall
have died, upon a similar application by OF
OF behalf OF any person entitled TO receive
the accrued pension due such pensioner at
his or her death, to pay or cause to be PAID
to such pensioner. or other person. ali such
arrears OF pensions as the penslOner may
be entitled TO. CT (if dead would have been
entitled to under the provisions OF said
section had he or she survived: and no
claim agent or other persons shall De en-
titled to receive any compen sation ior SER
vices in making application for arrears OF
pension.
SEC. IS. That the provisions Of this act
in respect to the rates of pension are here
by extended to pensioners whose right to
pension accrued under general acts passed
since tine war OF the Revolution and prior
to the fourth OF March, eighteen hundred
and sixty-one. to take effect from and after
the twenty fifth day OF July eighteen hun.
dred and sixty SIX: and that the widows OF
revolutionary soldiers and sailors receiving
a less sum shall be paid az the rate of eight
dollars per month from and after the TWEEN
tv-seven,h day OF July, eighteen hundred
and sixty-eigh..
SEC. l9. That in all cases il which the
cause of disability, or death originated IN
the service prior to the fourth day OF
March, eighteen hundred and sixty-one,
and an application for pension shall not
have been fled within three years from the
discharge or death OF the person on whose
account the claim is made. or within three
years of the termination OF a pension prevl.
ously granted en- account OF the service and
death Of the same person, the pension shall
commence from the date OF fling. by the
party prosecuting the claim. the last paper
requisite TO establish the same: provided.
tnat no cialNl alicWec PRIOR 10 tne siAth uaJ
OF June, eighteen hundred and sixty-slx,
shall be affected By anything herein con-
tanned.
Sec. 20. That nothing in this act shall be
so construed as to allow more than one pen
sion a. the same time to the same person or
to persons entitled jointly: but any pen
sioner who shall SO elect may surrender MS
or her certificate. and receive n lieu there
of a certificate for any other pension 70
which he or SIZE would have been entitled
had not the surrendered certificate been
is sued: provided, that al payments pie!yi'
ously made fo- any period covered by me
new certificate shall be deducted from the
amf,unt allowed hv said certificate.