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Office, or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefit of such pensioner.

instructions, free

SEC. 4748. That the Commissioner of Pensions, on application being Commissioner made to him in person, or by letter, by any claimant or applicant for to furnish printed pension, bounty-land, or other allowance required by law to be adjusted of charge. or paid by the Pension-Office, shall furnish such person, free of all expense, all such printed instructions and forms as may be necessary in establishing and obtaining said claim; and on the issuing of a certificate of pension or of a bounty-land warrant, he shall forthwith notify the claimant or applicant, and also the agent or attorney in the case, if there be one, that such certificate has been issued, or allowance made, and the date and amount thereof.

SEC. 4756. There shall be paid out of the naval pension-fund to every Half-rating to person who, from age or infirmity, is disabled from sea-service, but who disabled enlisted has served as an enlisted person in the Navy or Marine Corps for the persons serving period of twenty years, and not been discharged for misconduct, in lieu twenty years, in Navy or Marine of being provided with a home in the Naval Asylum, Philadelphia, if he Corps. so elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the Commissioner of Pensions; and applications for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this section, shall certify the same to the Commissioner of Pensions, and such certificate shall be his warrant for making payment as herein authorized.

than ten years,

SEC. 4757. Every disabled person who has served in the Navy or Serving not less Marine Corps as an enlisted man for a period not less than ten years, may receive what and not been discharged for misconduct, may apply to the Secretary of aid. the Navy for aid from the surplus income of the naval pension-fund; and the Secretary of the Navy is authorized to convene a board of not less than three naval officers, one of whom shall be a surgeon, to examine into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy, and certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in the preceding section for the payment to persons disabled by long service in the Navy; but no allowance so made shall exceed the rate of a pension for full disability corresponding to the grade of the applicant, nor, if in addition to a pension, exceed one-fourth the rate of such pension.

Certificate of

SEC. 4768. The Commissioner of Pensions shall forward the certificate of pensions, granted in any case, to the agent for paying pensions where pension and fee such certificate is made payable, and at the same time forward there- of attorney. with one of the articles of agreement filed in the case and approved by the Commissioner, setting forth the fee agreed upon between the claimant and the attorney or agent, and where no agreement is on file, as herein before provided, he shall direct that a fee of ten dollars only be paid the agent or attorney. [See § 5485.]

SEC. 4769. It shall be the duty of the agent paying such pension to Pension-agent deduct from the amount due the pensioner the amount of fee so agreed to deduct attorupon or directed by the Commissioner to be paid where no agreement is neys' fees. filed and approved, and to forward or cause to be forwarded to the agent or attorney of record named in such agreement, or, in case there is no agreement, to the agent prosecuting the case, the amount of the proper fee, deducting therefrom the sum of thirty cents in payment of his servces in forwarding the same.

SEC. 4771. In all cases of application for the payment of pensions to Biennial examiinvalid pensioners to the fourth day of September of an odd year, the nations, &c. certificate of an examining surgeon duly appointed by the Commissioner of Pensions, or of a surgeon of the Army or Navy, stating the continuance of the disability for which the pension was originally granted, describing it, and the degree of such disability at the time of making the certificate, shall be required to accompany the vouchers, and a duplicate thereof shall be filed in the Office of the Commissioner of Pensions; and if in a case of continued disability it shall be stated at a degree below that for which the pension was originally granted, or was last paid, the pensioner shall only be paid for the quarter then due at the rate stated in the certificate. But where the pension was originally granted for a disability in consequence of the loss of a limb, or other essential portion of the body, or for other cause which cannot, either in

More frequent examination. Ibid.

Biennial exam

whole or in part, be removed, or when a disability is certified, by competent examining surgeons, to the satisfaction of the Commissioner of Pensions, to have become permanent in a degree equal to the whole rate of pension, the above certificate shall not be necessary to entitle the pensioner to payment.

SEC. 4772. Nothing in the preceding section shall be construed to prevent the Commissioner of Pensions from requiring a more frequent examination, if, in his judgment, it is necessary.

SEC. 4773. The biennial certificate of two unappointed civil surgeons inations by unap- shall not be accepted in any case, except upon satisfactory evidence pointed civil sur- that an examination by a commissioned or duly appointed surgeon is geons, &c. impracticable.

Boards of examining surgeons.

Special examinations.

Medical referee

surgeons.

SEC. 4774. The Commissioner of Pensions is authorized to organize, at his discretion, boards of examining surgeons, not to exceed three members, and each member of a board thus organized who is actually present and makes, in connection with other members or member, an ordered or periodical examination, shall be entitled to the fee of one dollar, on the receipt of a proper certificate of such examination by the Commis

sioner of Pensions.

SEC. 4775. Examining surgeons duly appointed by the Commissioner of Pensions, and such other qualified surgeons as may be employed in the Pension Office, may be required by him, from time to time, as he deems for the interests of the Government, to make special examinations of pensioners, or applicants for pension, and such examinations shall have precedence over previous examinations, whether special or biennial; but when injustice is alleged to have been done by an examination so ordered, the Commissioner of Pensions may, at his discretion, select a board of three duly appointed examining surgeons, who shall meet at a place to be designated by him, and shall review such cases as may be ordered before them on appeal from any special examination, and the decision of such board shall be final on the question so submitted thereto, provided the Commissioner approve the same. The compensation of each of such surgeons shall be three dollars, and shall be paid out of any appropriations made for the payment of pensions, in the same manner as the ordinary fees of appointed surgeons are or may be authorized to be paid.

SEC. 4776. The Secretary of the Interior is authorized to appoint a and examining duly qualified surgeon as medical referee, who, under the control and direction of the Commissioner of Pensions, shall have charge of the examination and revision of the reports of examining surgeons, and such other duties touching medical and surgical questions in the PensionOffice, as the interests of the service may demand; and his salary shall be two thousand five hundred dollars per annum. And the Secretary of the Interior is further authorized to appoint such qualified surgeons (not exceeding four) as the exigencies of the service may require, who may perform the duties of examining surgeons when so required, and who shall be borne upon the rolls as clerks of the fourth class; but such appointments shall not increase the clerical force of said Bureau.

1

Appointment SEC. 4777. The Commissioner of Pensions is empowered to appoint, of civil examin- at his discretion, civil surgeons to make the periodical examinations of ing surgeons. pensioners which are or may be required by law, and to examine applicants for pension, where he deems an examination by a surgeon appointed by him necessary; and the fee for such examinations, and the requisite certificates thereof in duplicate, including postage on such as are transmitted to pension-agents, shall be two dollars, which shall be paid by the agent for paying pensions in the district within which the pensioner or claimant resides, out of any money appropriated for the payment of pensions, under such regulations as the Commissioner of Pensions may prescribe.

fee.

Pension-agents, SEC. 4784. Agents for the payment of pensions, and any clerks ap&c., to take affi- pointed by them and designated in writing for that purpose, which desdavits without ignation shall be returned to and filed in the office of the Commissioner of Pensions, are required, without any fee therefor, to take and certify the affidavits of all pensioners and their witnesses who may personally appear before them for that purpose, in which case the check for the pension, when due and payable, shall be given direct to the hand of the party entitled thereto, if desired, and not mailed to his address as required by section forty-seven hundred and sixty-five.

Fees of attorney

SEC. 4785. No agent or attorney or other person shall demand or refor prosecuting ceive any other compensation for his services in prosecuting a claim for

claims.

pension or bounty-land than such as the Commissioner of Pensions shall direct to be paid to him, not exceeding twenty-five dollars. [See 5485.]

SEC. 4786. It shall be the duty of the agent or attorney of record in Agreement for the prosecution of the case to cause to be filed with the Commissioner amount of fee to be filed. of Pensions, for his approval, duplicate articles of agreement, without additional cost to the claimant, setting forth the fee agreed upon by the parties, which agreement shall be executed in the presence of and certified by some officer competent to administer oaths. In all cases where application is made for pension or bounty-land, and no agreement is filed with and approved by the Commissioner as herein provided, the fee shall be ten dollars and no more. [See § 4768.]

more than legal fee, &c.

SEC. 5485. Any agent or attorney, or any other person instrumental Title 10, Chap. 6. in prosecuting any claim for pension or bounty-land, who shall directly Attorney for or indirectly contract for, demand, or receive or retain any greater com- pensions demandpensation for his services, or instrumentality in prosecuting a claim for ing pension or bounty-land than is provided in the Title pertaining to pensions, or who shall wrongfully withhold from a pensioner or claimant the whole or any part of the pension or claim allowed and due such pensioner or claimant, or the land-warrant issued to any such claimant, shall be deemed guilty of a high misdemeanor, and, upon conviction thereof, shall for every such offense be fiued not exceeding five hundred dollars, or imprisonment at hard labor not exceeding two years, or both, at the discretion of the court. [See §§ 4785, 4786.]

Embezzlement

SEC. 5486. If any guardian having the charge and custody of the pension of his ward shall embezzle the same in violation of his trust, or of pension by guardian. fraudulently convert the same to his own use, he shall be punished by fine not exceeding two thousand dollars, or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the

court.

SEC. 5487. Every pension-agent, or other person employed or appointed Pension-agent by him, who takes, receives, or demands any fee or reward from any taking fee, &c. pensioner for any service in connection with the payment of his pension, shall be fined not more than five hundred dollars. See § 4784.]

AN ACT to equalize pensions in certain cases.

Be it enacted by the Senate and House of Representatives of the United States June 6, 1874. of America in Congress assembled, That all persons entitled to pensions Certain pen under special acts fixing the rate of such pensions, and now receiving sions equalized. or entitled to receive a less pension than that allowed by the general pension-laws under like circumstances, are, in lieu of their present rate of pension, hereby declared to be entitled to the benefits and subject to the limitations of the general pension laws entitled "An act to revise, consolidate, and amend the laws relating to pensions," approved March third, eighteen hundred and seventy-three; and that this act go into Pensions granteffect from and after its passage: Provided, That this act shall not be ed by special act construed to reduce any pension granted by special act.

Approved, June 6, 1874.

AN ACT to increase pensions in certain cases.

not reduced.

Certain pen

Be it enacted by the Senate and House of Representatives of the United States June 18, 1874. of America in Congress assembled, That all persons who are now entitled to pensions under existing laws and who have lost either an arm at or sions increased. above the elbow, or a leg at or above the knee, shall be rated in the second class, and shall receive twenty-four dollars per month: Provided, That no artificial limbs, or commutation therefor, shall be furnished to such persons as shall be entitled to pensions under this act.

SEC. 2. That this act shall take effect from and after the fourth day of
June, eighteen hundred and seventy-four. [See § 4698.]
Approved, June 18, 1874.

AN ACT to increase the pensions of soldiers and sailors who have been totally dis

abled.

Proviso.

Be it enacted by the Senate and House of Representatives of the United States June 18, 1874. of America in Congress assembled, That section four of the act entitled Increase of pen"An act to revise, consolidate, and amend the laws relating to pensions," sions to totally and approved March third, eighteen hundred and seventy-three, be so disabled soldiers amended that all persons who, while in the military or naval service of and sailors. the United States, and in the line of duty, shall have been so perma

Proviso.

Sec.

nently and totally disabled as to require the regular personal aid and
attendance of another person, by the loss of the sight of both eyes, or
by the loss of the sight of one eye, the sight of the other having been
previously lost, or by the loss of both hands, or by the loss of both feet,
or by any other injury resulting in total and permanent helplessness,
shall be entitled to a pension of fifty dollars per month; and this shall
be in lieu of a pension of thirty-one dollars and twenty-five cents per
month granted to such person by said section: Provided, That the increase
of pension shall not be granted by reason of any of the injuries herein
specified unless the same have resulted in permanent total helplessness
requiring the regular personal aid and attendance of another person.
SEC. 2. That this act shall take effect from and after the fourth day
of June, eighteen hundred and seventy-four. [See § 4698.]
Approved, June 18, 1874.

PENSION-FUND-NAVY.

4750. Secretary of Navy trustee of Navy pensionfund.

4751. Penalties, how to be sued for, &c.

4752. Prize-money accruing to United States to remain a fund for pensions.

Title 57.

Sec.

4753. Naval pension-fund, how to be invested. 4754. Rate of interest on naval pension-fund. 4755. Naval pensions payable from fund.

SEC. 4750. The Secretary of the Navy shall be trustee of the Navy Secretary of pension-fund. Navy trustee. Penalties, how to be sued for, &c.

remain a fund for pensions.

SEC. 4751. All penalties and forfeitures incurred under the provisions of sections twenty-four hundred and sixty-one, twenty-four hundred and sixty-two, and twenty-four hundred and sixty-three, Title "THE PUBLIC LANDS,"* shall be sued for, recovered, distributed, and accounted for, under the directions of the Secretary of the Navy, and shall be paid over, one-half to the informers, if any, or captors, where seized, and the other half to the Secretary of the Navy for the use of the Navy pensionfund; and the Secretary is authorized to mitigate, in whole or in part, on such terms and conditions as he deems proper, by an order in writing, any fine, penalty, or forfeiture so incurred.

Prize money SEC. 4752. All money accruing or which has already accrued to the accruing to the United States from sale of prizes shall be and remain forever a fund for United States to the payment of pensions to the officers, seamen, and marines who may be entitled to receive the same; and if such fund be insufficient for the purpose, the public faith is pledged to make up the deficiency; but if it should be more than sufficient, the surplus shall be applied to the making of further provision for the comfort of the disabled officers, seamen, and marines. [See § 4630, under PRIZE.]

invested.

Naval pensionSEC. 4753. The Secretary of the Navy, as trustee of the naval pensionfund, how to be fund, is directed to cause to be invested in the registered securities of the United States, on the first day of January and the first day of July of each year, so much of such fund then in the Treasury of the United States as may not be required for the payment of naval pensions for the then current fiscal year; and upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current fiscal year shall be held in the Treasury on the days above named in each year, subject to his order, for the purpose of such immediate investment; and the interest payable in coin upon the securities in which the fund may be invested, shall be so paid, when due, to the order of the Secretary of the Navy, and he is authorized and directed to exchange the amount of such interest when paid in coin, for so much of the legal currency of the United States as may be obtained therefor at the current rates of premium on gold, and to deposit the interest so converted in the Treasury to the credit of the naval pensionfund; but nothing herein contained shall be construed to interfere with the payment of naval pensions under the supervision of the Secretary of the Interior, as regulated by law.

Rate of interest

SEC. 4754. The interest on the naval pension-fund shall hereafter be on naval pension- at the rate of three per centum per annum in lawful money.

fund.
Navy pensions

fund.

SEC. 4755. The Navy pensions shall be paid from the Navy pensionpayable from fund, but no payments shall be made therefrom except upon appropriations authorized by Congreзs.

* See RESERVED TIMBER.

Sec.

PENSION-FUND-PRIVATEER.

4758. Secretary of Navy trustee of privateer pension-fund.

4759. Privateer pension-fund, how derived. 4760. To be paid into Treasury, &c.

4761. Wounded, &c., privateersmen to be placed on pension-list.

Sec.

4762. Commanding officers of privateers to enter names, &c., in a journal.

4763. Transcript of journals to be transmitted to Secretary of the Navy.

SEC. 4758. The Secretary of the Navy shall be trustee of the privateer pension-fund.

SEC. 4759. Two per centum on the net amount, after deducting all charges and expenditures, of the prize-money arising from captured vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States at which such captured or recaptured vessels may arrive; or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such captured or recaptured vessels may arrive. And the moneys arising therefrom are pledged by the Government of the United States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as is or may be provided by law.

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To be paid into

SEC. 4760. The two per centum reserved in the hands of the collectors and consuls by the preceding section, shall be paid to the Treasury, the Treasury, &c. under the like regulations provided for other public money, and shall constitute a fund for the purposes provided for by that section.

sion-list.

SEC. 4761. The Secretary of the Interior is required to place on the Wounded, &c., pension-list, under the like regulations and restrictions as are used in privateersmen to relation to the Navy of the United States, any officer, seaman, or marine, be placed on penwho, on board of any private armed vessel bearing a commission of letter of marque, shall have been wounded or otherwise disabled in any engagement with the enemy, or in the line of their duty as officers, seamen, or marines of such private armed vessel; allowing to the captain a sum not exceeding twenty dollars per month; to lieutenants and sailing-master a sum not exceeding twelve dollars each per month; to marine officer, boatswain, gunner, carpenter, master's mate, and prizemasters, a sum not exceeding ten dollars each per month; to all other officers a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in proportion; and to a seaman, or acting as a marine, the sum of six dollars per month, for the highest rate of disability, and so in proportion; which several pensions shall be paid from moneys appropriated for the payment of pensions.

names, &c., in a

SEC. 4762. The commanding officer of every vessel having a commis- Commanding sion, or letters of marque and reprisal, shall enter in his journal the officers of priva name and rank of any officer, and the name of any seaman, who, during teers to enter his cruise, is wounded or disabled, describing the manner and extent, journal. as far as practicable, of such wound or disability. SEC. 4763. Every collector shall transmit quarterly to the Secretary of Transcript of to Journals the Navy a transcript of such journals as may have been reported to transmitted to him, so far as it gives a list of the officers and crew, and the description Secretary of the of wounds and disabilities, the better to enable the Secretary to decide Navy. on claims for pensions.

be

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SEC. 1023. In prosecutions for perjury committed on examination be- Title 13, Chap. 18. fore a naval general court-martial, or for the subornation thereof, it Matters set forth shall be sufficient to set forth the offense charged on the defendant, in prosecutions without setting forth the authority by which the court was held, or the for perjury before particular matters brought before, or intended to be brought before, said a naval courtcourt. martial.

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