New Orleans Republican., 1873-08-10

death; and the children born of any mar.
. riage SO proved shall be deemed and held
to oe lawful children Of such soldier or
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.
SEC. II. That if any person has died, or
shall hereafter die. leaving widow en-
| titled TO a pension by reason OF his death,
aid child or children under sixteen year 5
| Of age by such widow. and it shall be duly
certified under seal by any court havlng
| probate jurisdiction. that satisfactory evl.
dence has been produced before such court
| upon due notice to the widow that the
widow aforesaid has abandoned the care OF
| euch child or children. or That she Is an m
! suitable person. by reason OF immoral con-
| duct. to have the custody OF the same. or
on presentation of satisfactory evidence
thereof to tie Commissioner OF Pensions.
| then 10 pension shall be allowed to such
| widow until such child OF children shall
have attained the age Ci sixteen years, any
provisions OF this act or of any previous
(; act to the contrary notwithstanding; ard
the said child or children aforesaid shall
| be pens;oned in the saiGa manner and IRON
! the same date as If no widow lad survived
| such person, and such pension snail be paid
70 the guardian of such cniid or children;
! provided. that if in any case payment OF
! I'tLSiCu SLlt4l lave DttU lidGe 70 tHc W iAo :.
:he pension to the child Hv children shal
commence from the date 70 which her pen
; s.oI has been paid.
/: SEC. l3. That if any person embraced
! within the provisions ct .Ee first section Of
Z! .iiis ac. has died sine. the fourth day of
! Maccn. eighteen hundred and siXtv-One, or
, shall hereafter die. nv reason Of any wound,
| injury. casualty. or disease. which, under
+: the conditions and limitations OF said sec
{! ton would have entitled him :" an invalid
| pension. and has NOT left or shall not leave
! widow or legitimate child, but has left or
! snail leave other relative or relatives who
/: were dependent upon ann ia- support at
| the date of his death. sucA relative or reia-
F.: tIves shall be entitled in the following order
! II precedence to receive .he same pension.
| as such person would have been entitled to
! ha,; be been totally disabled. to commence
! from the death OF such person. namely. 1irst,
; the mother; secondly. the father: thirdly,
| orphan brothers and sisters under sixteen
! wears OF age. who snail be pensiOned jointly;
E; provided. that where orphan children OF
! the same parent have different gsar-
! O,ans. or a portion 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 ot such ward; pro
| v.dei. that if in any case said person shall
| have ,et1 father and mother who are depen-
! dent upon him. then, on the death of tine
. mother. the father shall become entitled to
, the pension. commencing from and after
F.: .he death Of the mother; and upon the
. death Of the mother and father OF upon
!. the lie ath of the father and the remarrlage
of the mother, the dependent brothers and
! sisters under sixteen years OF age shall
| Jointly become entitled 20 such pension
cntil they attain the age Of sixteen years
: respectively, commencing from the death
, or relnarriage the party who had the PRIOR
f; night to the pension: provided, that
! mother shall be assumed to nave been de-
! pendent upon her son. within the meaning
/; of this act if, 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 II, by
! actual contributions or III any other way.
| the son had recognized his obligations TO
aid in support Of said mother. or was by
Jaw bound to such support, and that a
father or min brother or SIS
ter snail. in like manner and
under like conditions. be assumed to have
been dependent. except that the income
; which was derived or derivable from his
ac-ual or possible manual labor shall be
Jakeu into account !. estimating d fathers
means OF independent support: provided.
further. that ,he pension allowed to any
person ON account OF ms or her dependence
as hereinbe:ore provided snail not be paid
for sn- period during which IL shall not be
necessary as a means Ci adequate subslsr-
encC.
Sac. -. That the remarr!age OF any
widow. dependent mother o: dependent
sister. entitled 20 pension. shat. not bar her
right 20 such pension 20 the date OF her re-
marriage. whether an application therefor
t'itE after SltI marriages.
and that on the Eenlarr.ase OF any widow,
dependent mother or dependent sister. hav-
ing q pension. such pension shall cease.
SEC. Is. That al! pensions which have
been. or which may hereafter be. granted
in consequence OF death occurring from
cause which originated in the servlce since
the fourth day Of March. eighteen hundred
and slx1v-one. or il consequence OF wounds
or injuries received or disease contracted
since said date. shall commence from the
death or discharge Of the person on whose
account the claim has been or shall here
after oe granted, or from the termination
of 1he right of party having prior title to
such pension: provided. that the applica-
ton Tor such pension has Cten. or shall
hereafter be. fled with the Commissioner
Of Pensions within i've years after the
right thereto shall! nave accrued: other
wise The pension shaH commence from the
date OF fling the last evidence necessary 70
establish :ne same: provided lUrther. that
the limitation herein prescribed shall not
apply to claims by or IN behalf O. insane
persons G. persons under sixteen years.
SEC. -. That in constituting the preceding
section. .he right Of persons entitled to pen
sions sa.i. oe recognized as accrulng at the
da te therein stated for the commencement
Of such pension. and that the right OF a de-
pendent father or dependent brother 10
pens shall 10. II any case be held 70
nave accrued prior 70 the sixth day @: June.
eighteen hundred and sxty.six: and the
.ight ot all other classes OF claimants. II ap-
plying on account OF the death Of a person
who was regularly mustered into the ser
vice. or regularly employed in the ravy. or
upon the eunboats or war vessels OF the
United States. shall not be held TO have ac-
crued prior to :he fourteenth day
OF July. eighteen hundred and sixty
two: if applying on account of Chaplain
of the army. their right shall no: be held to
have accrued prior TO :h- ninth day OF
April eighteen hundred and slXty-tour; II
applying on account OF al enlisted soldier
who was not mustered. or non-enllsted
man Ill temporary service. their right shall
not be held 20 have accrued prior to the
fourth day OF July. eighteen hundred and
sixty four. II applying on account OF an act
ing assistant or cOntract surgeon. their right
shall no: be held to have accrued prior 10
the third day of March. eighteen hundred
and s,xty-lve: Il applying OF account OF
persons enlisted as teamsters. wagoners. ar
titic.,s. hospital stewards. or farriers. their
right sh all not be held 20 have accrued prior
to the sixth day o! june eighteen hundred
ana s;xty-six: and t!.e right Of all classes OF
claimants, applying on accom-. OF a proves:
marshal, deputy provost nia,:S.al. or enroll
ing Utncer. shall not ne lalt ~ nave ac-
crue1 s.ioc TO the twenty Il .th .a- .! July.
a h team h,1unreat and 81 " l-.iS nrnCINeA,,