New Orleans Republican., 1873-08-13
tyseventb day Of July, eighteen hundred

and an application for pension shall not
have been tiled within three years from the
discharge or death OF the person on whose
account the claim is 1nade, Or within three
! years OF the termination OF pension previ-
ously granted On account Of the service and
| death OF the same person, the pension shall
commence from the date Of filing. by the
party prosecuting the claim, the last paper
| requisite 10 establish the same : provided,
| that no claim allowed prior to the sixth day
of June, eighteen hundred and sixty-siy,
shall be affected by anything herein coz
tanned.
Sec. 20. That nothing 10 this act shall be
| SO construed as 20 allow more than Ole pen :
sion at the same time 10 the same person or
to persons entitled Jointly; but any pen
sloner who shall so elect may surrender his
or her certificate, and receive IN lieu there
| OF certificate for any other pension to
which he or she would have been entitled
! had not the surrendered certificate been
is sued: provided, that all payments prev
ously made for any period covered by the
new certificate shall be deducted from the
amount allowed by said certificate,
| SEC. II. That declarations OF pension
claimants shall be made before court of
record, or before some officer thereof having
custody OF it's seal. said officer hereby being
fully authorized and empowered to admin
lister and certify any oath or affirmation re-
latlng TO any pension or application there
for; provided, that the Commissioner of
| Pensions may designate, in localities more
| than twenty-five miles distant from any
place at which such court is holden, persons
duly qualified 10 administer oaths, before
whom declarations may be made and test
| mony taken, and may accept declarations
of claimante residing in foreign countries
made before United States minister or
| consul, or before some officer ct the country
duly authorized to administer oaths for gen
| eral purposes and whose official character
and signature shall be duly authenticated
blythe certificate OF United States minis
| ter or consul; declarations in claims OF In
| dians made before United States agent;
| and declarations in claims under the act Of
| February fourteenth. eighteen hundred and
seventy-one, made before an officer duly au-
| thorized TO administer oaths for general pnr
| poses, when the applicants, by reason Of in
| TRINITY OF age, are unable to travel; pro-
| vided, that any declaration made before an
| officer duly authorized to administer oatLs
| tor general purposes shall be accepted to
exempt claim from the limitation as to
date ot'fling prescribed in the fifteenth sec
| ton Of this act.
| Sec. -. That the Commissioner OF Pen
sions, on application being made to himtin
person or by letter by any claimant or ap-
plicant for pension, bounty land. or other
| allowance required by law TO be adjusted
| or paid by the Pension Office, shall furnish
| ouch person, free of all expense to him Or her.
| all such printed instructions and forms as
| may be necessary in establishing and OBJ
| tanning salG claim; and on the issuing OF a
| certificate of pension. or Of bounty land
warrant, he shall forthwith notify the
claimant or applicant, and also the agent
or attorney in the case. ii there be one. that
such certificate has been issued. or allow
ence made, and the Gate and amount
thereof.
SEC 3, That no money On account Of
pension shall be paid 20 any person. or to
the widow. children or heirs Of any de-
| ceased person. who in any manner volun.
tarily engaged in, or aided or abetted. the
late rebellion against the authority of the
United States.
prosecuted to successful issue within
five years from the date Of fling
the same shall be admitted without
record evidence from the War or
Navy Department Of the injury or the
disease which resulted in the disability OF
death OF the person on whose account tie
claim is made provided, that in any case
in which the limitation prescribed by this
section bara tie further prosecution ct the
claim. the claimant may present through
the Pension Office, 10 the Adiutant General
of the army or the Surgeon General of the
navy, evidence that the disease or injury
which resulted in the disability or death ct
the person OF whose account the claim is
made originated in the service and in the
line of duty: and if such evidence is deemed
satisfactory by the officer TO whom it may
be submitted. he shall cause record of the
fac: so proved to be made. and a copy OF
the same 70 be transmitted to the Commis-
sioner OF Pensions, and the bar to the prose-
curion Of the claim shall thereby be re-
moved.
SEC. .. That if any peDsiorer, or any
person entitled to pension, who during
the pendency of his application therefor has
died since March fourth, eighteen hundred
and sixty-one. or shall hereafter die. his
widow. or if no widow, his child or children
under sixteen years of age at the time OF
his death, shall be entitled to receive TIE
death, such accrued pension shall
not be considered as a part Of the assets OF
the estate of deceased, nor liable to be ap-
piled to the paymen OF the debts nt said
estate in any case whatever, but shall ,nure |
to the sole and exclusive beneti. Of the
widow or children: and if no widow or
child survive, no payment whatsoever Of |
the accrued pension shall be made or !
allowed, except SO much as may be neces- |
sary to reimburse the person who bore the |
expenses Of the las: sickness and burial Of |
the Gecedent, in cases where he did not |
leave sufficient assets to meet such OK
penses. |
SEC. &c. That the failure Of any pensioner !
to claim his or her pension tor three years |
after the same shall have become cue shall |
be deemed presumptive evidence that such |
pension has legally terminated by reason Of |
the pensioners death, remarriage, recovery |
from the stability, or otherwise, and the |
pensioners name shall be stricken from the |
list of pensioners, subject to the right OF |
restoration to the same on new applica-
ton by the pensiOner, or, II the pensioner |
is dead, by the widow or minor children |
entitled to receive the accrued pension,
accompanied by evidence satisfactorily ac-
counting for the failure to claim such pen
sion, and by medical evidence in cases of |
invalids who were not exempt from biennial
examinations as to the continuance OF the
disability.
SEC. y. That when the rate, commence
ment and duration OF a pension allowed by |
special act are fixed by such act, they shall |
not be subject to be varied by the provis-
ions and limitations of the general pension |
laws, but when not thus fixed the rate and |
continuance OF the pension shall be subject |
to variation in accordance with the general
laws, and its commencement shall date
from the passage of the special act, and the |
Commissioner Of Pensions shall, upon salts
factory evidence that fraud was perpetrated
in obtaining such special act, suspend pay
ment thereupon until the propriety of re-
pealiDg the same can be considered by
Congress.
Sec. 2S That the term Of limitation pre-
scribed by sections sixteen and twenty
three Of this act shall, 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, or before an officer of any
tribe, competent according to the rules of
said tribe to administer oaths shah be