網頁圖片
PDF
ePub 版

tled to receive half the monthly pay to which the deceased was entitled at the time of his death, or at the time of receiving such wound, or contracting such disease, for and during the term of five years, to commence at the time of completing the evidence in said case.

In case there be no such widow, or in case of her marriage or death, before the expiration of said five years, the half-pay, or such part thereof as remains at the time of her marriage, or decease, will go to the minor heirs of the deceased.

In applications for these benefits, the party must make a declaration in writing before a Court of Record, according to the form appended hereto, marked "B," and must produce proof of the service of the deceased officer or soldier; the time of his death, and that it was occasioned by wounds received, or from disease contracted, while in service, in the line of his duty.

If the applicant be a widow, she must prove the legality of her marriage, and that she has remained a widow since the death of her husband.

If the applicant be a minor child of the deceased officer or soldier, he must prove the marriage of his parents, their death, and his minority.

3. Under the provisions of the 2d section, the widows of all officers, non-commissioned officers, musicians and privates of the revolutionary army, who were married subsequent to January, A. D. 1800, are entitled to a pension in the same manner as those who were married before that date.

In applications for the benefit of these provisions, the party must prove the service of the officer or soldier in whose right she claims; her marriage with such officer or soldier, and his death.

In case such officer or soldier has received a pension in his lifetime, a reference to the evidence filed in his application will be sufficient to prove the service.

Every applicant will make a declaration according to the form hereto appended, marked "C," before a Court of Record, setting forth, according to the best of her knowledge or belief, the name and rank of the person on account of whose service the claim is asserted; the time when he entered and left the service; the names and rank of the officers under whom the service was performed; the place in which he resided when he entered the service; the time and place of his death; that she was lawfully joined in marriage with said officer or soldier, and that she is now a widow.

In case such officer or soldier was a pensioner, that fact should also be stated, as well as the act under which he was pensioned, and the agency at which he was paid.

If the applicant is unable to appear in court by reason of bodily infirmity, she may make the declaration before a judge or justice of a Court of Record of the county in which she resides, and

the judge or justice shall certify that the applicant, from bodily infirmity, is unable to attend court.

The official character of the magistrate or other person, before whom any papers are verified, should be authenticated in the usual form. L. P. WALDO, Commissioner of Pensions,

"A."

Declaration in order to obtain the renewal of the half-pay provided for in the 1st section of the act of February 3d, 1853.

STATE, TERRITORY, OR DISTRICT OF

On this

88.

day of

[ocr errors]

personally appeared before the
in the county of
aged

A

years, who

B., a resident of being first duly sworn according to law, doth, on her oath, make the following decla ration in order to obtain the benefits of the provision made by the act of Congress, passed the 3d February, 1853, granting the renewal of half-pay to certain widows and orphans; that she is the widow of who was a (here insert the rank the husband held, the company and regiment in which he served, and the monthly amount of the half-pay which she received under the 1st section of the act of 4th July, 1836, or 21st July, 1848.) She further declares that she is still a widow.

(Declarant's signature.)

Sworn to and subscribed on the day and year above written, before me

"B."

C. D., J. P.

Declaration in order to obtain the benefit of the last proviso of the 1st section of the act of 3d February, 1853.

STATE, TERRITORY, OR DISTRICT OF

On this court of the State of

[ocr errors]
[merged small][ocr errors]

day of

[ocr errors]

in the State aforesaid, aged

[ocr errors]

personally appeared before the A. B., a resident of

in the county of years, who being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefit of the provision made by the law of the United States passed the 3d February, 1853; that she is the widow of who was a

[ocr errors][merged small]

regiment of (regulars, militia, or volunteers;) that she was married to the said

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

; and that she has remained a widow ever since that period, as will more fully appear by reference to the proofs hereto annexed.

(Declarant's signature.)

Sworn to and subscribed on the day and year above written, before me.

"C."

C. D., J. P.

Declaration in order to obtain the benefits of the 2d section of the act of 3d Febru

[merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small]

On this court of the State of in the county of and State aforesaid, aged years, who first being sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 3d February, 1853, granting pensions to widows of persons who served during the revolutionary war; that she is the widow of who was a (here insert the rank the husband held in the army, &c., and specify the service performed, and the other facts described in the instructions hereto prefixed.)

of

She further declares that she was married to the said

on the

; that her said husband died on the

day , eighteen hundred and day of ; that she was not married to him prior to the second of January, eighteen hundred, but at the time above stated. She further declares that she is now a widow. (Declarant's signature.)

Sworn to and subscribed on the day and year above written, before

C. D., J. P.

[ 3.]

Regulations for widows' and orphans' navy pensions.

[The following regulations and "form of application for widows' navy pensions," may be considered as modifying, in some degree, and carrying more intelligibly into effect, that portion of the regulations and forms relating to widows' navy pensions, to be found, with other regulations and forms relative to navy pensions, generally, from page 627 to page 638, inclusive.]

PENSION OFFICE, May 23, 1853.

SIR: For your information, I enclose a form of application for widow's Navy pension, together with a printed sheet exhibiting the description of evidence furnished to this office under the general order of the 17th February, 1851, in every case of disability or death in the naval service.*

In all claims for widow's pension, or a renewal thereof, it must be shown by evidence, accompanying the application, or already on file, that the husband lost his life while in the naval service, by reason of wounds or injuries received, casualty incurred, or disease contracted in the line of duty. In cases of date subsequent to that of the general order, such evidence may generally be found here; but if of prior date must, if practicable, be furnished by the certificates of medical or other commissioned officers of the Navy, cognizant of the facts. If, after using due diligence, such certificates cannot be obtained, the applicant can then present such other testimony as would be taken in a court of justice.

The usual legal proof of marriage must be produced, accom panied by a statement of the names and ages of all children of the parties, whether the fruit of their own or of former marriage. This last is to be desired, not only as a security to the Government, but as facilitating any future claim on the part of the children.

The widowhood and identity of the applicant should be stated in the memorial, and certified by the officiating magistrate or established by the affidavit of credible witnesses; and all evidence (excepting the official certificates of naval officers) must be given by affidavit before a magistrate, whose official character shall be certified by the clerk of the county in which he acts, under his seal of office.

Applications for orphans' navy pension may be made in the following cases:

1. Death of mother before the father.

2. Death of mother since the father, but without having received the benefit of the pension laws.

*The general order of the Secretary of the Navy, here alluded to, was procured by us for insertion in this work, for the information of claimants, and will be found at page 632, as adopted by the commissioner, Mr. Heath, at our suggestion, not having been before used in the office.-EDs.

3. Death or intermarriage of their mother since having received such benefit.

In the first and second cases the same testimony would be required as in widows' applications, together with legal proof of the names and ages of the children.

In the third case the latter only.

Orphans' applications can be made by the legally appointed guardian, in any form embracing a statement of facts. Claims for arrearages of pension may be paid to the orphans themselves, if adults, or to an administrator, for the sole and exclusive use and benefit of the children of the deceased parties.

Very respectfully, your obedient servant,

LOREN P. WALDO,

Commissioner.

[The following is a substitute for two forms at pp. 631 and 637.]

Form of application for widows' navy pension.

To the Commissioner of Pensions :

The undersigned

the widow of

in the naval service of the United States, respectfully showeth:
That the said
entered the service in the year
therein, while holding the rank above mentioned, on the (a)

of (b)

of

in the line of duty.

That the undersigned was married to the said in the year

of the name and age of the child That your memorialist remain

the

[ocr errors]

who was a

and died by reason

day

on the

to claims the benefit

and that the following is a correct statement of such parties now living; (c) unmarried, and widow of the said ; and referring to the evidence filed (d) of the laws granting navy pensions to the widows of officers, seamen, and marines who have died in the naval service, and requests that her name may be inscribed on the roll of pensioners, payable at the Navy Pension Agency, (e)

Sworn and subscribed to before me on this

year

in the

Declarant's signature.

day of

CD, J. P.

[4.]

Regulations against frauds in Pensions and Bounty Lands.

[The following recent regulations, by the Commissioner of Pensions, oppose additional guards, of great moment, against certain frauds on the Pension Office, which they are well calculated to prevent.]

[merged small][ocr errors]

By a recent decision of this office, widows are not entitled who (a) State date, and whether on board ship or in hospital, and at what place or station.

(b) State whether by wounds, injuries received, casualties incurred, or disease contracted.

(c) Insert names and ages of children.

The memorial should be accompanied by the certificate of the magistrate or the affidavit of credible witnesses, showing the identity and widowhood of memorialist. The official character of the magistrate must in every instance be certified by the clerk of the county under his seal of office.

(d) Herewith, or already on file in the Pension Office.

(e) Insert location of Agency.

have married since the death of the husband for whose services the land bounty is claimed, except those widows whose husbands were killed in battle.

[Signed.]

L. P. WALDO,

Commissioner.

PENSION OFFICE, June 1, 1853.

For the purpose of preventing the numerous frauds that are daily attempted upon this office, the following rules have been approved by the Secretary of the Interior, and will be strictly

enforced :

1. In all applications for pensions, renewal of pensions, and for bounty lands, the signature of the applicant must be attested, and his or her personal identity established by the affidavit of two witnesses, whose residences must be given, and whose credibility must be sustained by the certificate of the court or magistrate before whom the application is verified.

2. No certificate of facts found by any court will be deemed sufficient in any case, unless the facts are certified to be within the personal knowledge of the judge who shall sign the certificate; or the names and places of residence of the witnesses by whom the facts are established be given, or their affidavits properly authenticated, be appended to the certificate. L. P. WALDO, Commissioner.

(Signed.)

PENSION OFFICE, June 18, 1853.

In all applications for bounty land, or for pensions, made after this date, applicants and their agents will be required to conform strictly to the following rule:

All papers necessary to be verified by oath, must be sworn to before, and certified and authenticated by, proper public officers who have no interest in the result of the case, and are not concerned in its prosecution; and every such public officer must set forth in his certificate that he is not so interested or concerned. Papers prepared in violation of this rule will be rejected for that cause. (Signed.) L. P. WALDO,

Commissioner.

[5.]

Privateer Pensioners, under act 31st May, 1854.

PENSION OFFICE, June 3, 1854.

Congress having, by the act approved May 31, 1854, made an appropriation for paying the pensions of invalids, (who were

« 上一頁繼續 »