five years, the half pay, for the remainder of the time, shall go to the child or children of such deceased officer: Provided always, That such half pay shall cease on the decease of such child or children.

[31.]

[Laws of the U. S., vol. 3, page 558.]

CHAP. 350. An act to make provision for persons that have been disabled by known wounds received in the actual service of the United States, during the Revolutionary

war.

1. Officers and privates of the army and navy disabled by wounds received in actual service during the revolutionary war, entitled to be placed on the pension list, provided, &c. First: Evidence of disability to be taken before the district judge. Secondly: The evidence must prove decisive disability to have been the effect of known wounds, and must be the affidavits of the commander or surgeon, or two other credible witnesses. Thirdly: Every claimant to be examined on oath, by some respectable physician, Fourthly: Every claimant must produce evidence of his continuance in the service. Fifthly: Every claimant must show cause why he did not apply for a pension heretofore. 2. The district judge to give each claimant a transcript of the evidence, transmit a list to the Secretary of War, and if correct, the party to be placed on the pension list: A pension in no case to commence before the 1st January, 1803, except, &c. 3. A full pension to be considered half the monthly pay of a commissioned officer: A full pension to a non-commissioned officer or private to be five dollars per month: No pension of a commissioned officer to be higher than the half pay of a lieutenant colonel. Pensioners in virtue of this act to be paid in the same manner as other invalid pensioners.

APPROVED, MARCH 3, 1803.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any commissioned officer, non-commissioned soldier, or seaman, disabled, in the actual service of the United States, by wounds received during the Revolutionary war, and who did not desert the said service, shall be entitled to be placed on the pension list of the United States during life: Provided, That in substantiating the claims thereto, the rules and regulations following shall be complied with:

First. All evidence shall be taken on oath or affirmation, before the judge of the district in which such invalid reside, or before some person specially authorized by commission from the said judge.

Secondly. The evidence relative to any claimant, must prove decisive disability to have been the effect of known wounds received while in the actual line of his duty, in the service of the United States, during the Revolutionary war: that this evidence must be the affidavits of the commanding officer, or surgeon of the ship, regiment, corps, or company, in which such claimant served, or two other credible witnesses to the same effect, setting forth the time and place of such known wound.

*Repealed; see act of 10th April, 1806, sec. 9-post: supplied by the same act.

Thirdly. Every claimant shall be examined on oath or affirmation, by some respectable physician or surgeon, to be authorized by commission from the said judge, who shall report in writing his opinion, upon oath, or affirmation, of the nature of said disability, and in what degree it prevents the claimant from obtaining his livelihood.

Fourthly. Every claimant must produce evidence of his having continued in the service of the United States to the conclusion of the war in seventeen hundred and eighty-three, or being left out of the service in consequence of his disability, or in consequence of some derangement of the army, and of the mode of life or employment he has since followed, and of the original existence and continuance of his disability.

Fifthly. Every claimant must show satisfactory cause to the said judge of the district, why he did not apply for a pension in conformity to laws heretofore passed, before the expiration of the limitation thereof.

Sec. 2. And be it further enacted, That the said judge of the district, or person by him commissioned, as aforesaid, shall give to each claimant a transcript of the evidence and proceedings had, respecting his claim; and shall also transmit a list of such claims, accompanied by the evidence herein directed, to the Secretary of the Department of War, in order that the same may be examined, and if correct, agreeably to the intent and meaning of this act, the said applicants are thenceforth to be placed on the pension list of the United States: Provided, That in no case a pension shall commence before the first day of January, eighteen hundred and three, except so far as to offset the commutation of half pay received by such officer; in which case the proper officer is to calculate the pension from the first day of January, seventeen hundred and eighty-four.

Sec. 3. And be it further enacted, That the pensions allowed by this act, shall be estimated in the manner following, that is to say: a full pension to a commissioned officer shall be considered the one-half of his monthly pay, as by law established, and the proportions less than a full pension shall be the like proportions of half pay. And a full pension to a non-commissioned officer, private soldier, or seaman, shall be five dollars per month, and the proportions less than a full pension shall be the like proportions of five dollars per month; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant colonel.

Sec. 4. And be it further enacted, That the pensioners, becoming such in virtue of this act, shall be paid in the same manner as invalid pensioners are paid who have heretofore been placed on the pension list of the United States, under such restrictions and regulations, in all respects, as are prescribed by the laws of the United States in such cases provided.

[32.]

[Laws of the U. S., vol. 3, page 575.]

CHAP. 371. An act for the relief of certain military pensioners in the State of South Carolina.

1. Persons to whom military pensions have been heretofore paid by South Carolina, and who have not been placed on the books in the office of the Secretary of War, to be placed thereon, and paid by the United States. 2. In placing the names of pensioners on the books, the Secretary of War to be guided by a certificate from the State of South Carolina: Officers and soldiers placed on the pension list, to receive a sum equal to the arrears of pension for the time mentioned: Arrearages to be ascertained and certified by the Register of the Treasury: Commutation of half pay to be returned or deducted.

APPROVED, MARCH 3, 1804.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons to whom military pensions have been heretofore granted and paid by the State of South Carolina, in pursuance of the resolves of the United States in Congress assembled, for the payment of pensions to the invalids who were wounded and disabled during the late war with Great Britain, and who have not been placed on the books in the office of the Secretary for the Department of War, shall be, and the same hereby are, directed to be placed on said books, and their said pensions shall be hereafter paid by the United States, in the same manner as to other pensioners of the United States, out of the funds already appropriated for that purpose.

Sec. 2. And be it further enacted, That in placing the names of pensioners on the books, pursuant to the directions contained in the foregoing section, the Secretary of War shall be guided by a certificate from the State of South Carolina, when the same shall be delivered to him, under the proper authentications, which certificate shall specify the names of pensioners and sums of pension; and likewise, that they have not been paid since March the fourth, one thousand seven hundred and eighty-nine, by said State; which certificate shall be recorded in the books of the Department of War, and the original kept on file. And each officer, non-commissioned officer, and soldier, whose name shall be placed on the said list as a pensioner, in conformity to the provisions of this act, or in case of the death of any such officer, noncommissioned officer, or soldier, his heirs or legal representatives, shall receive a sum equal to the arrears of his pension, which shall have accrued from and after the fourth day of March, one thousand seven hundred and eighty-nine, until the passage of this act, or until the death of such pensioner as aforesaid, as the case may be; which arrearages shall be ascertained and certified by the Register of the Treasury, in the same manner, and under the same restrictions, as are contained in the act passed the eleventh day of August, one thousand seven hundred and ninety, entitled "An act for the relief of the persons therein mentioned

or described:" Provided, That the commutation of half pay, which may have been received by any commissioned officer entitled to a pension, as aforesaid, shall first be returned by such officer into the treasury of the United States, or shall be deducted from the arrears of pension directed to be paid by this act.

[33.]

[Laws of the U. S., vol. 3, page 673.]

CHAP. 458. An act in addition to "An act to make provision for persons that have been disabled by known wounds, received in the actual service of the United States during the revolutionary war."*

The provisions contained in the first section of the act mentioned, extended to all persons who in consequence of disabilities from known wounds received in actual service during the revolutionary war, resigned their commissions, or, &c.: Every person applying for a pension to conform in every other respect, &c.

APPROVED, MARCH 3, 1805.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions contained in the first section of "An act to make provision for persons that have been disabled by known wounds, received in the actual service of the United States, during the revolutionary war," passed the third day of March, one thousand eight hundred and three, are hereby extended to all those persons in the service of the United States, who, in consequence of their disability by known wounds, received in the actual service, during the revolutionary war, resigned their commissions, or took discharges; or who, after incurring their disability, were taken captive by the enemy, and remained either in captivity or on parole, until the close of the war; or who, in consequence of known wounds, received in the actual service of the United States, have at any period since become and continue disabled, in such manner as to render them unable to procure a subsistance by manual labor: Provided, That every person of the several descriptions herein mentioned, applying for a pension, shall, in all other respects, conform to the requirements of the act to which this is an addition.

[ 34. ]

[Laws of the U. S., vol. 3, page 673.]

CHAP. 459. An act for the relief of Richard Taylor.

Richard Taylor, who was employed as an escort, spy, &c., during hostilities with the Indians in 1792, and was disabled, to be placed on the list of invalid pensioners at the rate of twenty dollars per month.

* See act of 3d March, 1803, No. [31.]-ante.

APPROVED, MARCH 3, 1805.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Richard Taylor, of Kentucky, who was employed in the service of the United States, as an escort, spy, and guide, at the daily pay of one dollar and twenty-five cents, during hostilities with certain. Indians, in the year one thousand seven hundred and ninety-two, and was disabled by being wounded while in such service, shall be placed on the list of invalid pensioners of the United States at the rate of twenty dollars per month, to commence on the first day of January, in the present year, in lieu of his present rate of pension.

[ 35.]

[Laws of the U. S., vol. 4, page 31.]

CHAP. 25. An act to provide for persons who were disabled by known wounds received in the revolutionary war.

1. Officers, soldiers, musicians, marines, or seamen, disabled in the actual service of the United States, while in the line of duty, upon substantiating their claims, to be placed on the pension list. 2. Rules and regulations in substantiating claims: All evidence to be taken on oath before the judge of the district: Decisive disability must be proved by the affidavit of the commanding officer, or of two other credible witnesses: The nature of the disability must be proved by the affidavit of a reputable physician or surgeon: The physician or surgeon to describe the wound in the affidavit: Every claimant must prove that he continued in service during the whole time for which he was detached, and his mode of life and employment since he left the service: Every claimant to give satisfactory reasons why he did not make application for a pension before: The judge to certify the credibility of witnesses whose affidavits he takes. 3. The district judge to transmit a list of the claims, with the evidence, to the Secretary of War: The Secretary of War to make a statement and transmit it to Congress, with remarks: The judge to permit each claimant to take a transcript of the evidence and proceedings respecting his claim. 4. Every pension, in virtue of this act, to commence on the day the claimant completed his testimony. 5. Increase of pension may be allowed to persons already on the list, for disabilities received during the revolutionary war: Invalids making application for an increase of pension to be examined by physicians, who are to report in writing on oath: The report to be transmitted to Congress. 6. A full pension to a commissioned officer to be one-half the monthly pay; the proportions less to correspond: A full pension to a non-commissioned officer, soldier, &c., to be five dollars a month: No pension of a commissioned officer to be higher than half pay of a lieutenant colonel. 7. Pensions allowed by this act to be paid as pensions to invalids heretofore placed on the list. 8. Sale, transfer, or mortgage, of pensions payable to noncommissioned officers, soldiers, &c., before being due, not valid: Persons claiming pensions under powers of attorney, to make oath that the powers have not been given by reason of any transfer: Persons swearing falsely to suffer as for wilful and corrupt perjury. 9. All laws heretofore passed authorizing persons to be placed on the pension list in consequence of wounds received in the revolutionary war, repealed: provided, &c. 10. This act limited to six years: The limitation not to impair the right of any invalid who may have completed his testimony.

APPROVED, APRIL 10, 1806.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any commissioned or non-commissioned officer, musician, soldier, marine, or seaman, disabled in the actual service of the United