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NEZ PERCÉ INDIAN WAR.

ACT MARCH 3, 1881 (21 STAT. L., 641).

SECTION 1. That each volunteer who joined the forces of the United States, in the Territory of Montana, during the war with the Nez Percé Indians, shall be paid one dollar per day during the term of such service, from the time that he left his home until he was returned thereto, including all the time spent in hospital under treatment by such as received wounds or other injuries in such service.

SEC. 2. That all persons who were wounded or disabled in such service, and the heirs of all who were killed in such service, shall be entitled to all the benefits of the pension laws, in the same manner and to the same extent as if they had been duly mustered into the regular or volunteer forces of the United States.

SECOND OHIO VOLUNTEER MILITIA.

ACT JUNE 8, 1864 (13 STAT. L., 121).

That the second regiment, third brigade, Ohio volunteer militia, mustered into the service of the United States at Cincinnati, Ohio, on the fourth day of September, eighteen hundred and sixty-two, notwithstanding irregularity may have occurred in the manner of their mustering into the service of the United States, be paid for the time the officers and men were in the service, respectively, after being so mustered, not, however, to exceed the period of thirty days.

FIRST OHIO VOLUNTEER LIGHT ARTILLERY.

ACT DECEMBER 19, 1902 (32 STAT. L., 757).

That the officers and enlisted men of the First Regiment Ohio Volunteer Light Artillery (three months' service), furnished by the State of Ohio, under the call of the President of the United States, issued on the fifteenth day of April, eighteen hundred and sixty-one, and which rendered actual military service under the command of officers of the United States and in cooperation with the regularly organized military forces of the United States, shall be held and considered to have been in the military service of and to have formed a part of the military establishment of the United States during the period for which said organization was enlisted and was in active service, and that the Secretary of War be, and he hereby is, authorized and directed to issue certificates of discharge, upon due application and satisfactory proof of identity, for all honorably discharged members of the said organization: Provided, That no pay, bounty, or other emoluments shall become due or payable by virtue of the passage of this Act.

CAPT. GOLDMAN BRYSON'S COMPANY, NORTH CAROLINA.

ACT MARCH 1, 1869 (15 STAT. L., 442).

That the company of mounted volunteers raised and commanded by Captain Goldman Bryson, of Cherokee county, State of North Carolina, under authority of Major-General Rosecrans, and received into the service of the United States by Major-General Burnside,

September twenty-ninth, eighteen hundred and sixty-three, and such men as were accepted into the service of the United States by the said Captain Goldman Bryson within one month thereafter, and the widows, heirs, and legal representatives of the officers and enlisted men, shall be entitled to pay, bounty, pension, and allowances according to their grade and time of service as other volunteers in the service of the United States, notwithstanding any informality in their muster or enlistment into the service of the United States, under such rules and regulations as may be adopted by the proper accounting officer of the treasury.

CAPT. DAVID BEATY'S COMPANY OF INDEPENDENT SCOUTS.

ACT JULY 14, 1870 (16 STAT. L., 653).

That the organization (commanded by Captain David Beaty of Fentress County, Tennessee) be, and the same is hereby, recognized as a part of the military force of the United States engaged in suppressing the recent rebellion, and the members thereof, on making proof of actual service, are declared to be entitled to the same pay, pensions, as though they had been regularly mustered into the service of the United States as cavalry: Provided, That there shall be filed in the War Department a roll of said company, which shall be sworn to by the captain and two lieutenants of said company: And provided, further, That each soldier, upon applying for payment under this act, shall be required to make oath as to the length of his service in said

company.

PENSIONS TO ARMY NURSES.

ACT AUGUST 5, 1892 (27 STAT. L., 348).

SECTION 1. That all women employed by the Surgeon General of the Army as nurses, under contract or otherwise, during the late war of the rebellion, or who were employed as nurses during such period by authority which is recognized by the War Department, and who rendered actual service as nurses in attendance upon the sick or wounded in any regimental, post, camp, or general hospital of the armies of the United States for a period of six months or more, and who were honorably relieved from such service, and who are now or may hereafter be unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of pensioners of the United States and be entitled to receive a pension of twelve dollars per month, and such pension shall commence from the date of filing of the application in the Pension Office after the passage of this act: Provided, That no person shall receive more than one pension for the same period.1

LINE OF DUTY.

SECTION 4694, REVISED STATUTES.

No person shall be entitled to a pension by reason of wounds or injury received or disease contracted in the service of the United States subsequent to the twenty-seventh day of July, eighteen hun

1 Sec. 2 prohibits compensation for services in prosecuting claim (see p. 116).

dred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital.

SICK LEAVE AND VETERAN FURLOUGH.

SECTION 4700, REVISED STATUTES.

Officers absent on sick-leave, and enlisted men absent on sickfurlough, or on veteran-furlough with the organization to which they belong, shall be regarded in the administration of the pensionlaws in the same manner as if they were in the field or hospital.

RATE FOR TOTAL DISABILITIES.

SECTION 4695, REVISED STATUTES.

The pension for total disability shall be as follows, namely: For lieutenant-colonel and all officers of higher rank in the military service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, professor of mathematics, master,1 assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling officer, fifteen dollars per month; for cadet-midshipman, passed midshipman, midshipmen,2 clerks of admirals and paymasters and of other officers commanding vessels, second and third assistant engineer, master's mate, and all warrant-officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters,

3

1 Act Mar. 3, 1883 (22 Stat. L., 472), changes title of master to lieutenant and provides that masters now on the list shall constitute a junior grade of lieutenants. Title of midshipman changed to ensign, and midshipmen now on the list to constitute a junior grade of ensigns.

8 Boatswains, gunners, carpenters, and sail makers shall, after 10 years from date of warrant, be commissioned as chief boatswains, etc., sec. 12, act Mar. 3, 1899 (30 Stat. L., 1007), and after 6 years from date of warrant, warrant machinists are commissioned as chief machinists, act Mar. 3, 1909 (35 Stat. L., 771).

pilots, engineers, sailors, and crews upon the gunboats and warvessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service.

RATE ACCORDING TO RANK WHEN DISABILITY CONTRACTED.

SECTION 4696, REVISED STATUTES.

Every commissioned officer of the Army, Navy, or Marine Corps shall receive such and only such pension as is provided in the preceding section, for the rank he held at the time he received the injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank: Provided, That a vacancy existed in the rank thereby conferred; that the person commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered.

PASSED ASSISTANT ENGINEERS, ETC.

ACT MARCH 3, 1877 (19 STAT. L., 403).

That from and after the passage of this act, the pension for total disability of passed assistant engineers, assistant engineers, and cadet engineers in the naval service, respectively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have relative rank; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed.1

LIEUTENANT COMMANDERS IN NAVY.

ACT JUNE 18, 1878 (20 STAT. L., 166).

That from and after July sixteenth, eighteen hundred and sixtytwo, pensions granted to lieutenant-commanders in the Navy for disability, or on account of their death, shall be the same as theretofore provided for lieutenants-commanding.

INVALID PENSION FOR 90 DAYS' SERVICE.

ACT JUNE 27, 1890 (26 STAT. L., 182).

SEC. 2. That all persons who served ninety days or more in the military or naval service of the United States during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from a mental or physical disability of a permanent character, not the result of their own vicious habits, which incapacitates them from the performance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United

1 Relative rank abolished by act Mar. 3, 1899 (30 Stat. L., 1006).

States, and be entitled to receive a pension not exceeding twelve dollars per month, and not less than six dollars per month, proportioned to the degree of inability to earn a support; and such pension shall commence from the date of the filing of the application in the Pension Office, after the passage of this act, upon proof that the disability then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special act: Provided, however, That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this act.1

AMENDING ACT OF JUNE 27, 1890.

ACT MAY 9, 1900 (31 STAT. L., 170).

That sections two and three of an Act entitled "An Act granting pensions to soldiers and sailors who are incapacitated for the performance of manual labor, and providing for pensions to widows, minor children, and dependent parents," be, and the same are hereby, amended so as to read as follows:

"SEC. 2. That all persons who served ninety days or more in the military or naval service of the United States during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may hereafter be suffering from any mental or physical disability or disabilities of a permanent character, not the result of their own vicious habits, which so incapacitates them from the performance of manual labor as to render them unable to earn a support, shall, upon making due proof of the fact, according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month and not less than six dollars per month, proportioned to the degree of inability to earn a support; and in determining such inability each and every infirmity shall be duly considered, and the aggregate of the disabilities shown be rated, and such pension shall commence from the date of the filing of the application in the Bureau of Pensions, after the passage of this Act, upon proof that the disability or disabilities then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Bureau of Pensions, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this Act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special Act: Provided, however,

1 Sec. 4 provides that fee for services in prosecuting claim shall not be greater than $10 (see p. 115).

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