The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1873-07-24
T. "A w s
OF THE
u nitR d S tat q s.,
PASSED AT THE
THIRD SESSION

PASSED AT THE
THIRD SESSION do OF The { 7,Is FoRrY-sEcoND
GENLRAL NATURE-No g.
(Concluded)
AN ACT to revise, consolidate, and amend tn,
laws, relating to pensions.
SEC. IL. That the widows Of colored or Indiar
soldiers and sailors who have died, or shall here
after die, by reason of wounds or injuries reoeiv
ed or casualty received or disease contracted, il
the military or naval service Of the United States
and in the line of duty, shall be entitled to re
ceive the pension provided by law without othe,
evidence of marriage than satisfactory proof that
the parties were joined in marriage by some GER
emony deemed by them obligatory, or habitually
recognize each other as man and wife, and were
SO recognized by their neighbors, and lived to-
gether as such up to the date Of enlistment, when
such soldier or sailor died in the service, or if
otherwise, to date of death; and the children
born of any marriage SO proved shall be deemed
and held to be lawful children of such soldier OF
sailor PROVIDED, That this section shall not be
applicable to any claims on account of persons
who shall have enlisted after the passage Of this
act
SEQ. -. That if any person has died, or shall
hereafter die, ewing widow entitled to pen
sion by reason of his death, and a child chill.
y
and it shall be duly certified under seal by any
court having probate jurisdiction, that satisfac-
tory evidence has been produced before such
court upon due notice to the widow that the wild;
ow aforesaid has abandoned the care of such
child or children, or that she is an unsuitabl lie
person, by reason of immoral conduct 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
oh yuId nyU rrufi oh oh 1drou ho1
have attained the age of sixteen years, any pro-
visions Of this act or of 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 shall commence from the
date to which her pension has been paid
Sec Is. That if any person embraced within
the provisions of the first 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 wounds, injury. casualty, or dis
ease, which, under the conditions and limitations
of said section would have entitled him to an in
valid pension, and has not left shall not leave
q widow or legitimate child, but has left or
shall leave other relative or relatives who were
dependent upon him for support at the date
his DEATH such relative or relatives shall be emit
tied in the following order of precedence to re-
ceive the same pension, as such person would
have entitled to had he been totally disabled, to
commence from the death of such person, name
ly, FIRST the mother secondly, the father; third
", 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 guardians, or por-
ton Of them only are under guardianship, the
share of the joint pension to which each ward
shall be entitled shall be paid to the guardian of
such ward: Provided, That if in any said
person shall have left father and mother who are
dependant 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 and 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 Of the party who had
the prior right to the pension: Provided, That a
mother shall be assumed to have been dependent
upon her son, within the meaning of this act, if
at the date of his death she had other adequate
means of support than the ordinary proceeds of
her own manual labor and contributions of said
son OF any other persons not legally bound to aid
in her support; and if, by actual contributions
or in any other way, the son had recognized his
obligations to aid in support of said mother, or
was by law bound to such support and that a
father or minor brother or sister shall, in like
manner and under like conditions, be assumed to
have been dependent. except chat the income
which was derived or derivable from his actual
or possible manual labor shall be taken into ac-
count in estimating fathers means of independ-
ent support: Provided further, That the pension
allowed to any person on account of his her
dependence as hsreinbefsre provided shall not be
paid for any period during which it shall not be
neces sary as means of adequate subsistence.
SEC IA. That the remarriage of any widow,
dependent mother, or dependent sister, entitled
to pension, shall not bar her right to such PEN
sion to the date of her remarriage, whether an
application therefor was filed before or after
| such marriage; and that on the remarriage of
any widow, dependent mother, or dependent
sister, having q 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 cause which origi-
mated in the service since theRourth day of March
eighteen hundred and sixty-ene, or in conse-
quence of wounds or injuries received or disease
contracted since said date, shall commence from
the Heath or discharge of the person on whose
account the claim has been or shall hereafter be
granted, or from the termination of the right of
party having prior title to such pension: PROM
led, That the application for such pension has
been, or shall hereafter be, filed with the Com
missioner of Pensions within five years after the
right thereto shall have accrued; otherwise the
pension shall commence from the date of fling
the last evidence necessary to establish the ssme
PROVIDED further, That the limitation herein pre-
scribed shall not apply to claims by or in behalf
of insane persons or persons under sixteen years
SEC. Is. That in constituting the preceding sec
ton, the right of persons entitled to pension
shall be recognized as accruing at the date there
in stated foI the commencement Of such pension,
and that thu right Of Z dependent father or Deepen
dendent brother to pefsion shall not any in case
be cid to have accrued prior to the sixth day of
June. eighteen hundred and sixty six; and that
the right of all other classes of claimants if APP
Iplying on account Of the death of person who
was regularly mustered into the service, or reeu-
larly employed in the navy, or upon the gun
boats or war-vessels of the United States, shall
not be held to have accrued prior to the four
teenth day Of July, eighteen hundred and sixty
two; if applying on account of 9 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
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 acting
assistant or contract surgeon, their right shall
not be held to have accrued prior to the third
day Of March, eighteen hundred and sixty Eve !;
| if applying on account Of persons enlisted az
| teamsters, wagoners artifcers, hospital stew
ords ar 70 their right shall not he held to