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sion at a time. Sec. 20, ibid. Sec. 4715, B. S.

1701. Nothing in this Title1 shall be so construed as to Only one pen. allow more than one pension at the same time to the same person, or to persons entitled jointly; but any pensioner who shall so elect may surrender his certificate, and receive, in lieu thereof, a certificate for any other pension to which he would have been entitled had not the surrendered certificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate."

1702. All pensioners whose names are now on the pension-roll or who are entitled to restoration to the roll under any act of Congress, shall be entitled to the continuance of such pensions under the provisions and limitations of this Title, and to such further increase of pension as is herein provided.

1703. The provisions of law which allow the withholding of the compensation of any person who is in arrears shall not be construed to authorize the pension of any pensioner of the United States to be withheld.

1704. That hereafter no pension shall be allowed or paid to any officer, non-commissioned officer, or private in the Army, Navy, or Marine Corps of the United States, either on the active or retired list.3 Act of March 3, 1891 (26 Stat. L., 1082).

Continuance of pensions. Sec. 4733, R. S.

not

Pensions
May 20, 1836, c.

to be withheld.

Sec. 4734, B. S.

77, v. 5. p. 31.

Pensions not

allowed to per

sons in Army or

naval service.

Mar. 3, 1891, v.

26, p. 1082.

Both pension and pay not allowed unless, etc.

Apr. 30, 1844, c.

1705. No person in the Army, Navy, or Marine Corps shall draw both a pension as an invalid, and the pay of his rank or station in the service, unless the disability for 15, v. 5. p. 657; which the pension was granted be such as to occasion his s. employment in a lower grade, or in the civil branch of the service.

1706. That all persons who, under and by virtue of the first section of the act entitled "An act supplementary to the several acts relating to pensions," approved March third, eighteen hundred and sixty-five, were deprived of their pensions during any portion of the time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six, by reason of their being in the civil service of the United States, shall be paid their said pensions, withheld by virtue of said section of the act aforesaid, for and during the said

Title LVII, Revised Statutes. By the terms of section 4722 of the Revised Statutes the provisions of this Title are made applicable to the officers and privates of the Missouri State militia and the Missouri provisional militia in certain cases. The act of March 1, 1893 (27 Stat. L., 524) contains the requirement that no pension shall be paid to a non-resident who is not a citizen of the United States, except for actual disabilities incurred in the service. This statute was repealed by

the act of March 2. 1895 (28 Stat. L., 703).

3 Section 2 of the act of August 29, 1890 (26 Stat L., 371), contained the requirement that Hereafter no officer of the Army, Navy, or Marine Corps on the retired list shall draw or receive any pension under any law."

1919-41

Aug. 16, 1841, c. 3,

2. v. 5. p. 440,

Sec. 4724, R. S.

Soldiers in the

civil service.

Payment of ions with

pensions

Mar. 1, 1879, v.

20, p. 327.

Certain soldiers and sailors

deserters, etc.

period of time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six. Act of March 1, 1879 (20 Stat. L., 327).

1707. No soldier or sailor shall be taken or held to be not to be deemed a deserter from the Army or Navy who faithfully served July 19, 1867, c. according to his enlistment until the nineteenth day of 28, v. 15, p. 14. Sec.4749, B. S. April, eighteen hundred and sixty-five, and who, without proper authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion.

Six dollars a month made minimum rate.

Mar. 2, 1895, v. 28, p. 704.

1708. That from and after the passage of this Act, all pensioners now on the rolls, who are pensioned at less than six dollars per month, for any degree of pensionable disability, shall have their pensions increased to six dollars per month; and that hereafter, whenever any applicant for pension would, under existing rates, be entitled to less than six dollars for any single disability, or several combined disabilities, such pensioner shall be rated at not less No prior effect. than six dollars per month: Provided also, That the provisions hereof shall not be held to cover any pensionable period prior to the passage of this act, nor authorize a re-rating of any claims for any part of such period, nor 'prevent the allowance of lower rates than six dollars per month, according to the existing practice in the Pension Office in pending cases covering any pensionable period prior to the passage of this Act. Act of March 2, 1895 (28 Stat. L., 704).

Disloyalty a 1709. No money on account of pension shall be paid to bar to pension. Sec. 4716, B.S. any person, or to the widow, children, or heirs of any deceased person, who in any manner voluntarily engaged

ing pensions to

rebellion modi

fied.
19, p. 403.

Mar. 3, 1877, v.

in or aided or abetted the late rebellion against the authority of the United States.

Law prohibit- 1710. That the law prohibiting the payment of any persons aiding money on account of pensions to any person, or to the widow, children, or heirs of any deceased person, who, in any manner, engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterward voluntarily enlisted in the Army of the United States, and who,

The act of June 6, 1866 (14 Stat. L., 57), repealed the requirement of the act of March 3, 1865, depriving certain persons employed in the civil service of the United States of pensions to which they were otherwise entitled.

* Section 4716, Revised Statutes, paragraph 1709, post.

while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty. Act of March 3, 1877 (19 Stat. L., 403).

a bar, removed

Mar. 3, 1877;

1711. That the law prohibiting the payment of any money Disloyalty, as on account of pension to any person, or to the widow, chil- in certain cases. dren, or heirs of any deceased person, who in any manner Aug. 1, 1892, v. 27, p. 340. engaged in or aided or abetted the late rebellion against the authority of the United States, shall not be construed to apply to such persons as afterwards voluntarily enlisted in either the Navy or Army of the United States, and who, while in such service, incurred disability from a wound or injury received or disease contracted in the line of duty. Acts of March 3, 1877, and August 1, 1892 (27 Stat. L., 340). 1712. If any guardian having the charge and custody of Embezzlement of pension by the pension of his ward shall embezzle the same in viola- guardian. tion of his trust, or 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. 5486, R. S.

pension, notice,

Act of Dec. 21,

1713. That any pension heretofore or that may hereafter Suspension of be granted to any applicant therefor under any law of the etc., to pensioner. United States authorizing the granting and payment of 1893, v. 28, p. 18. pensions, on application made and adjudicated upon, shall

deemed vested

be deemed and held by all officers of the United States to be a vested right in the grantee to that extent that pay. Pensions to be ment thereof shall not be withheld or suspended until, rights. after due notice to the grantee of not less than thirty days, the Commissioner of Pensions, after hearing all the evidence, shall decide to annul, vacate, modify, or set aside the decision upon which such pension was granted. Such notice to grantee must contain a full and true statement of any charges or allegations upon which such decision granting such pension shall be sought to be in any manner disturbed or modified.' Act of December 21, 1893 (28 Stat. L., 18).

The act of May 21, 1872 (not incorporated in the Revised Statutes), contained a provision imposing a penalty for the retention by an attorney, or claim agent, of the discharge certificate or land warrant of a discharged soldier, sailor, or marine.

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1717, 1718. Duties of Commission- 1734-1736. Miscellaneous provi

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Board of com

missioners of the

Mar. 3, 1859, c. 83,

Sec. 10, Mar. 3,

BOARD OF COMMISSIONERS.

1714. That the Board of Commissioners of the Soldiers' Soldiers' Home. Home shall hereafter consist of the General in Chief comMar. 3, 1851, c. 25, s 2 v. 9, p.595; manding the Army, the Surgeon General, the Commissary 8. 4. v. 11, p. 434; General, the Adjutant General, the Quartermaster General, 1883, v.22, p. 565. the Judge Advocate General and the Governor of the Home, Sec. 4815, R. S. and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business; whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to estab lish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the government and interests of the same, as authorized by this chapter. Sec. 10, act of March 3, 1883 (22 Stat. L., 565).

Officers.

Mar. 3, 1851, c.

OFFICERS.

1715. The officers of the Soldiers' Home shall consist of 25, s. 3, v. 9. p. 595 a governor, a deputy governor, and a secretary, for each Sec. 4816,R. S. separate site of the home, the latter to be also the treas urer; and the officers shall be taken from the Army, and appointed or removed, from time to time, as the interests of the institution may require, by the Secretary of War, the recommendation of the board of commissioners.

Governor and

officers selected

1716. That the Governor and all other officers of the by the President Home shall be selected by the President of the United States, and the Treasurer of the Home shall be required to

of the United

States.

give a bond in the penal sum of twenty thousand dollars
for the faithful performance of his duty.
March 3, 1883 (22 Stat. L., 564).

DUTIES OF COMMISSIONERS.

Sec. 7, act of

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give bond
Sec. 7, Mar. 3,

1883, v. 22, p. 564.

Sites and build

ings.
Sec. 8, ibid., p.

597.

1717. The commissioners of the Soldiers' Home, by and with the approval of the President, shall procure for immediate use, at a suitable place or places, a site or sites for Sec. 4817, R. S. the Soldiers' Home, and if the necessary buildings cannot be procured with the sites, to have the same erected, having due regard to the health of the locations, facility of access, and economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons entitled to the benefits of the Soldiers' Home.'

Washington, D.

Board of com

make annual re

Mar. 3, 1883, v.

1718. That the board of commissioners of the Soldiers' Regulations prescribed for Home shall every year report in writing to the Secretary Soldiers' Home, of War, giving a full statement of all receipts and disburse- C., etc. ments of money, of the manner in which the funds are missioners to invested of any changes in the investments and the reasons port, etc. therefor, of all admissions and discharges, and generally of 22, p. 565. all facts that may be necessary to a full understanding of the condition and management of the Home. The Secretary of War shall have power to call for and require any omitted facts which in his judgment should be stated to be added. This annual report shall be, by the Secretary of Secretary of War, together with the report of the inspecting officer report, etc., to hereinafter provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be deposited in each garrison and post library. Act of March 3, 1883 (22 Stat. L., 565).

INSPECTION.

1719. That the Inspector General of the Army shall, in person, once in each year thoroughly inspect the Home, its records, accounts, management, discipline, and sanitary, condition, and shall report thereon in writing, together with such suggestions as he desires to make. Sec. 2, act of March 3, 1883 (22 Stat. L., 564).

Held that a medical officer of the Army occupying quarters at the Soldiers' Home was not thereby precluded from receiving commutation of quarters at New York on being ordered to duty there as a member of a medical examining board. The quarters occupied by him at the Home are not public quarters" in the sense of paragraph 1480, Army Regulations; he does not occupy them at the expense of the United States; and by allowing him the commutation the Government is not put to a double expense for his quarters. (Dig. J. A. Gen., 706, par. 7.)

Congress.

Inspector-Gen. inspect and make

eral of Army to

report, etc.

Sec. 2. Mar. 3,

1883, v, 22, p. 564.

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