The Portland daily press., 1873-06-09

STc o. That the pensions OF widows shan be in-
~ ased from and after the twenty fifth, day OF july
ieheen hundred and sixty-six, at the rate Of two
loilars per month for each child under the age of
sixteen wears, Of the husband on account Of whose
leath The claim has BEEN, or shall be granted And
In every case in which tine deceased husband has left
or spall leave, no widow, or where his widow, has
died or married agaiu. or Were she has been de-
priyed of her pension under the provisions of the
pension law, the pension granted TO such child or
children shall be Increased to the same amount per
month that wonld be allowed under the foregoing
proyisione to the widow, If living and entitled to
pension; Proc.ded, That the additional pension here
N granted TO the widow on account of the child or
chiidren OF the husband by former wife shall be
paid to her only for such period Of her wdowhood as
she Las been or shall be- charged with the mamie
my which she has not been, shall not be- so f s
II shall be granted and paid to the gua1rnt willow
child or children: ProUided frtMe ann has been
Of shall hereafter lie granted account Of minor
children, shall not be depr1ved w T.; narf at the ey
eri pSins tt or the public in any educational in
stitution or in any INSTITUTION ois@0u i0 'n' 'e
of soldiers TSaf in The administration of the pension
s c hi born before tue marriage of their par
ents, II r aeSno shall be deemed legitimate.
SIC H. That the widows Of colored or Indian SOL
1iers and sailors who have died, or shall hereafter
lie by reason of wounds or injuries received or cas-
ualty received or disease contracted in the military
or naval service OF the United States and in the line
of duty, shall entitled to receive the pension pro-
yiled by law without other evidence of marriage
han satisfactory proof that the parties were Joined
in marriage by some ceremony deemed by them obli-
gaory, OF habitualiy recognized each other as man
and wife, and were so ecognized by their neighbours
and lived together as such up to the date of enlist
ment when such soldier or sailor died in the service
Or If otherwise, date of death and the children
born of any marriage SO proved shall be deemed and
held to be lawful children of such soldier sailor
Provided, That this section shall not be applied to
any claims on account of persons who shall lave en-
listed after the passage of this act.
Sec a H. That any has died or shall here
reason OF his death, and child or children under
sixteen years of age by such widow, and it shall be
July certified under seal by any court having probate
jurisdiction that satisfactory evidence has been pro-
duced before such court upon due notice the Wild
ow that the widow aforesaid has abandoned the
Of such child or Children or that she is unsuitable
person, by reason of immoral conduct, to have the
custody of the same, or on presenta of satisfacto
~ evidence thereof to the Commissioner of Pensions
then no pension shall be allowed 10 such widow un-
til such child children shall have attained the age
of sixteen years. any prtvisions of this act of any
previous act to the contrary notwithstanding; and
the said child children aforesaid shall be pensoned
in the same manner, and from the same date as if
widow had survived such person, and such pen
sion shall be paid to the guardian Of such child
children: Provided, That if in any payment OF
pension shall have been made to the widow, the pen
5iOl to the child children shall commence from
the date to which her pension has been paid.
SEC. 49, 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, shall hereafter die by Of any
wound injury easnaity, OF dlsease which under
have entitled him to an invalid pension, and has
not left shall noteave widow legitimate child,
but has left shall leave other relative or relatives
who dependent upon him for support at the date
Of his death such relatives shall be emit led in the fol-
lowing order Of precedence to receive the same pen
sion, such person would have been entitled to had
he been totally disabled to com from tho death
of such person, namely, first, the mother; secondly
father thirdly orphan b others and sisters under
sixteen years of age who shall be pensoned Jointly
Porded, That where orphan children of the same
parent nave different guardians, OF portion OF them
only under guardianship, the shsre of the joint
pension to which each ward snail be entitled shall be
paid to the guardian of such ward: Provded, That
If in any said person shall have left father and
mother who are dependent upon him, then, on the
death of The mother the father shall become entitled
the pension, commencing from and after the death
Of the mother and upon the death of the mother
father, upon the death OF the father and the
iage OF the mother the dependent brothers and sis
under sixteen years of aye shall jointly become
entitled to such rensiJn until they attain the age
sixteen years respectively, commencing from the
light to the pension: Prorided, That mother Shall
De assumed to have been dependent upon her son.
within the meaning of this act, it, a. 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 of any other per-
sons not leg lily bound 10 aid in her support aid if,
ny actual contributions or in any other way the
had recognized his obligations to aid in support OF
said mother, was by law bound to such support,
and that father or minor brother sister shall,
in like manner and une like conditions, be assumed
| to have been dependent, except that the income
which was derived derivable from his actual or
possible manual labor shall taken into account in
estimating fathers means Of Independent support
Provided further, That the pension allowed to any
person account of his or her dependence as here
inbefore provided shall not be paid for any period
during which IL shall not be necessary of
| adequate subsistence.
SEC. IA. That the remarriage of any widow, de-
pendent mother, or dependent sister, entitled to pen
sion, shall not bar her right to such pension to the
date of her remarrage, whether application there
for was filed before or after such marriage anu that
on the remarrage Of any widow, dependent mother,
Of dependent sister, having pension, such pension
| SEC. 10. That all pensions which have BEEN or
which may hereafter be- granted in consequence OF
death occurring from cause which originated in the
service since the fourth day of rch eighteen huuo
dred and sixty-one, or in consequence OF wounds
injuries received or disease contracted since said
date, shall commence from the death discharge of
the person whose account the Claim has been or
shall hereafter be granted, from the termination
sion Provided That the applications for such pen
sion has been, or shall hereafter be, filed with the
Commissioner of Pensions within five years after the
right thereto shall have accrLed otherwise the pen
sion shall commence from the date of fling the last
evidence necessary to ertabsh the same: Prouided
further That the limitation herein presclib shall
not apply to claims by In behalf of insane persons
or persons under sixteen years.
Sec 16. That in constituting the preceding section,
the right OF persons entitled to peesons shall be rec
ognzed accrung at the date therein stated for the
commencement Of such pension, and that the right
Of dept ndent father dependent brother to pen
sion shall not in any case be held to have accrued
prior to the sixth of June, eighteen hundred and SIX
Gysix and the right of all other classes claimants
if applying on account of the death of person who
regularly mustered into the service or regular
ly employed in the navy, or upon the gun-boats or
war-vesses of the United States shall not be held to
| have accrued prior to the fourteenth day of July
eighteen hundred and sixtytwo; if applying on ac-
count of chaplain Of the army, their right shall not
| be held to have accrued prior to the ninth LAY of
April eighteen hundred and sixty-four; if applying
on account Of an enlisted soldier who wac not mus
| tered, or n0n-enlisted man in temporary service
their right shall be held have accrued prior to
the fourth day Of July, eighteen hundred and sixty
four if applying on account of acting assistant or
contract surgeon their right shall not be held to
have accrued prior to the third day of March, eigh-
teen hundred and sixty five; if applying on account
of persons enlisted teamsters wagOners artifcers
hospitals ewards farrers, their right shall be
held to have accrued prior to the sixth day of june
eighteen hundred and sixty-six and the right of all
classes of claimants, applying on account of pro-
vost-marsal, deputy PROFESSIONALISM, or enrolling
officer, shall not be held to have accrued prior to the
ty-six: Prorded That the right Of widow or de-
| pendent mother who married PRIOR and did not APP
enheeS 20 'ne n am day OF Jn
held 10 have accrued prior to that date:
SEC u. That it shall be the duty Of the Commits
otherwise by or ON behalf OF any pensioner entitled
to arrears of pension under the fifteenth section
this act or if any such pensioner shall have died.
| upon similar application by OH behalf ofaoy per-
entitled to receive the accrued pension such
pensioner at his or her death, to pay be
paid to such pensioner other person, all such ar
rears OF pension as the penaoner may be entitled to-
ordfdeadl would have been entitled to under the pro-
visions of said section had he she survived; and
no claimagent or other shall be entitled
receive any compensation for services in making APP
| plication for arrears of pension.
SEC. 49, That the provisions of this act in respect
to the rates OF pension are hereby extended to PEN
soners whose right to pension accrued under general
acts assed since the of the Revolution and prior
to the fourth of March, eighteen hundred and sixty
one, to take effect from and after the twenty-tfth
day OF July, eighteen hundred and sixty-sx; and
that the widows of revolutionary soldiers and sailors
receiving less sum shall be paid at the rate of eight
dollars per month from and after the twenty-seyenth
| day of July, ghteen hundred and sxty-eight
SEC 49, That in all cases In which the cause of dis
ability death originated in the service prior TO The
fourth day OF March, eighteen hundred and sixty
one, and application for pension shall not have
been filed within three years from the discharge or
death of the person on whose account the claim is
made. within three years Of the termination of
pension previously granted account Of the service
and death of the same person. the pension shall COM
mence from the date of fling by the party prosecute
ign the claim, the last paper requisite to establish
the same: Provided That no claim allowed prior to
the sixth day of June, eighteen hundred and sixty
six, shall be affected by any thing herein contained
| Sec 20. That nothing in this act shall be so con-
srued as to allow more than one pension at the
me to the same person or to persons entitled joint
ly but any pensioner who shall elect may sHrre-
er his or her certificate and receive, in lieu thereof
certificate for any other pension to which he or she
would have been entitled had not the surrendered
certificate been issued: ProDided That all payments
previously made for any period covered by the new
certificate shall be deducted from the amount al owed