The National tribune., 1904-06-16
tifcate Cor wounds received or sicknees

~ ciilfSteu I'D july 10,
1864, for a term which entitled him to
bounty. received -an installment of the
same in advance, and was discharged be-
fore two years service for reasons other
than the close of the war or disability in
Cured In service and line of duty subsc-
quent to his last enlistment.
HEIRS OF THREE YEARS VOLUNTEERS EN-
LISTED BEFORE JULY %, 1861.
The legal heirs of soldier enlisted
under the Presidents proclamation of
May 3. 1861. were. by General Orders IL
and %. A. q. O.. War Department. dated
May and p. 1861. respectively. TO re-
ceive the bounty of 800 therein offered.
ii he died in the service. The bounty was
paid the heirs under the provisions of the
act of July %. 1861, if the soldiers death
occurred in the service. but il the soldier
had died after discharge without having
received the bounty. the heirs were not en-
July %, 1861. had been fulfilled by the
soldier. Even under the act of April %.
1917. it having in terms made no men,
ton OF heirs. the heirs were held. until
1882: not to be entitled except under the
provisions of the act of July 22. 1861. 1t
entitled under the law. dying after April
y. 1872, and without having received the
bounty. were entitled to receive the same
1t is now held that the heirs are entitled
without regard to the date of the soldiers
death.
HEIRS OF PERSONS ENLISTED UNDER ACT
OF JULY, 4, 1864.
The act of July 4. 1864. applying to all
military enlistments i'm the volunteer and
regular service after July IA. 1864, pro-
vides:
THAT i'm case of his death
while in service, the residue of his bounty
unpaid shall be paid to his widow, if he
shall have left q widow: if not, to his
children, or. if there be none, to his
mother. if she be a widow
1t is immaterial whether the mother was
resident of the United States or not
Only accrued but unpaid installments Of
bounties under the act of July 4. 1864. are
allowed the heirs of persons (enlisted after
July II, 1864 dying in the naval service
HEIRS IN GENERAL.
The act Of July IL, 1862, contains the
following provision:
Provided, That said bounty shall be
paid to the following persons. and in the
order following, and to no other person, TO
wit: first to the widow of such deceased
soldier, II there be one; second, if there
be no widow, then to the children of such
deceased soldier, share and share alike;
third, if such soldier left neither a widow,
or child, or children, then, and in that case,
such bounty shall be paid to the following
persons, provided they be residents of the
United States, to wit: first, to his ather,
or if he shall not be living, or has aban-
doned the support of his family, then to
the mother of such soldier, and if there be
neither father nor mother as aforesaid,
then such bounty shall be paid to the
brothers and sisters of the deceased sol
dier, resident as aforesaid"
Sec. 3. And be it further enacted
hot hot art nf Al
act to authorize the employment of vol
unteers to aid in enforcing the laws and
protecting public property approved july
~, 1851, which secured to the widow.
If there be one, and if not, the legal heirs
of such volunteers as die or may be killed
in service, in addition to all arrears of pay
and allowances. q bounty of 500, shall
be held to apply to those persons who have
enlisted in the regular forces since July /.
1861, or shall enlist in the regular forces
during the year 1862, and be paid to the
heirs named in this act: and that the
bounties herein provided for shall be paid
out OF any money appropriated for bounty
to volunteers"
The provisions of the above enactment,
whether the soldier died in the service, or
died after discharge and without receiv-
ing bounty to which he was entitled or
would now be entitled if living, are applied
in the payment of all bounties except those
offered by the act of July 4. 1864, for en-
lstments after July II, 1864 The nearest
legal heirs of a brother or sister who sur
vived the soldier. but has since died, are
entitled to his or her share. If the soldier
died in the service, the heirs are entitled
to the full bounty. or if an installment
bounty, then to the ipstalments unac-
crued. as well as those accrued. but
died since discharge, leaving bounty
due but unpaid. or bounty has since be-
come due; or if he died in the service
leaving installments of bounty due but
unpaid. in default of the prescribed heirs,
and heirs of deceased brothers or sisters.
the title to the bounty descends to his
heirs-at-law
To be entitled to more than the accrued
but unpaid installments Of bounty. the sol
dier having died in the service, father
mother, or brothers or sisters must have
been residents of the United States at the
date of his death. A mere temporary res
idence in a foreign country will not oper-
ate as bar. Heirs resident in the United
States at the date of the soldiers death
take precedence over those who but for
their having been non-residents would
have prior title.
If the father were living. but had aban.
doned the support of the family at the
date of the soldiers death. the bounty goes
to the mother, or brothers and sisters.
Half-brothers and sisters are equally en-
titled with those of whole blood. Foster
parents are not entitled. either to the pay
or bounty, unless their adoption of the
soldier was Of such a character that by
the laws of the State in which the parties
resided he would have been their heir
at-law had he survived them.
The remarriage of the widow of SOL
dier does not affect her title: but if pre-
vious to his death she had dissolved their
marriage relation. SO far as she could, by
living in open and notorious adultery, she
is not entitled. even though no legal di-
vorce had ever been pronounced. Nor is
the widow entitled if previous to the sol
dier's death she had abandoned him and
married a second time without a legal sep
aration. and after having thus committed
bigamy. lived in n state of adultery. Chill
dren of the soldier are entitled without
regard to their age. Their title is not af-
fected by their being illegitimate. if they
We're recognized and maintained by the
soldier as his children. or were adjudged
by a competent court TO be his children
Heirs. otherwise entitled, but disloyal to
the General Government during the war
have no title under existing law. The loyal
heirs, if any. are entitled to the bounty as
if no other heirs had survived the soldier.
HEIRS OF sIIoRT-TERM VOLUNTEERS.
The act of March g. 1865 provides.