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(ACT of April 10th, 1806.) witnesses whose affidavits he shall take, in all those cases where, by this act, it is said the proof shall be made by a credible wit ness or witnesses; and also, that the examining physician or surgeon is reputable in his profession.

7. Sec. in. The said judge of the district, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him, to the secre. tary for the department of war, that the same may be compared with muster rolls, or other documents, in his office; and the said secretary shall make a statement of all such cases, which, together with all the testimony, he shall, from time to time, transmit to congress, with such remarks as he may think proper, that congress may be enabled to place such claimants on the pension list as shall be found entitled to the privilege. And it shall be the duty of the judge, or commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct.

Sec. iv. Every pension, or increase thereof, by virtue of this act, shall commence on the day when the claimant shall have completed his testimony before the authority proper to take the same,

8. Sec. y. An increase of pension may be allowed to persons already placed upon the pension list of the United States, for disabilities caused by known wounds received during the revolutionary war, in all cases where justice shall require the same; Provided, That the increase, when added to the pension formerly received, shall in no case exceed a full pension.

Every invalid making application for this purpose, shall be examined by two reputable physicians or surgeons, to be authorised by commission from the judge of the district where such invalid resides; who shall report, in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in whạt degree

it

prevents him from obtaining a subsistence by manual labour; which report shall be transmitted, by said physicians or surgeons, to the secretary for the department of war, who shall compare the same with the documents in his office, and shall make a statement of all such cases, which, together with the original report, he shall, from time to time, transmit to congress, with such remarks as he may think proper, that they may be enabled to do justice to such pensioners.

9. Sec. vi. A full pension given by this act to a commissioned officer, shall be one-half of the monthly pay, legally allowed, at the time of incurring said disability, to his grade in the forces raised by the United States; and the proportions, less than a full pension, shall be the correspondent proportions of said half pay; and a full pension to a noncommissioned officer, musician, soldier, marine, or seaman, shall be five dollars a month, and the propor

(ACT of April 25th, 1808.) tions, less than a full pension, shall be the like proportions of five dollars a month; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant colonel.

Sec. vii. The pensions, or increase thereof, which may be allowed by this act, shall be paid in the same manner as pensions to invalids who have been heretofore placed on the pension list are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law.

10. Sec. viii. From and after the passage of this act, no sale, transfer, or mortgage, of the whole, or any part, of the pension payable to any noncommissioned officer, musician, soldier, marine, or seaman, before the same becomes due, shall be valid. And every person claiming such pension, or any part thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation, before some magistrate, legally authorized to take the same, a copy of which, attested by said magistrate, shall be lodged with the person who pays said pension, that such power or substitution is not given by reason of any transfer of such pension, or part thereof. And any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.

11. Sec, ix. All laws of the United States heretofore passed, so far as they authorise persons to be placed on the pension list of the United States, for, and in consequence of, disabilities derived from known wounds received in the revolutionary war, shall be, and they are hereby repealed: Provided, That nothing in this repealing clause shall injure, or in any way affect, those persons already upon the pension list of the United States; and that the secretary for the department of war shall proceed upon the testimony which has been transmitted to him by any claimant, before the passage of this act, in the same manner as though this act had never passed.

12. Sec. X. This act, so far as it authorises the admission of persons upon the pension list of the United States, shall remain in force for and during the space of six years from the passage thereof, and no longer: Provided, That this limitation shall not affect or impair the right of any invalid who may have completed his testimony, in the manner prescribed by this act, before this limitation commences its operation, but which has not been transmitted to the secretary for the department of war. [Continued, Infra, 17, 31.]

ACT of April 25, 1808. 4 Bioren, 176. 13. Sec. fi. The secretary of war is hereby authorised and directed to place on the pension list of the United States, all persons who now remain on the pension list of any of the states, and who were placed on the same in consequence of disability occa. sioned by known wounds received during the revolutionary war,

(ACT of April 10th, 1812.) whether such person or persons served in the land or sea service of the forces of the United States, or uf any particular state, in the regular corps, or the militia, or as volunteers: Provided, That in no case the pensions allowed to such person or persons shall exceed the sums specified by the sixth section of an act, entitled “ An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed the tenth day of April, one thousand eight hun red and six: And provided, That in every case where applications shall be made to have such person or persons placed on the pension list of the United States, under this law, satisfactory documents, from the proper officer of the state, shall be adduced to establish the fact of such person or persons having been placed on the state pension list in consequence of disability occasioned by known wounds received during the revolutionary war.

14. Sec. iv. Any officer, noncommissioned officer, musician, or private, who has been wounded or disabled since the revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or the militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations as are prescribed by the act, entitled " An act to provide for persons who were disabled by known wounds received in the revolutionary war,” passed the tenth day of April, one thousand eight hundred and six.

ACT of January 7, 1809. 4 Bioren, 189. 15. Sec. 1. Every pension, or arrearage of pension, that shall be due on the third day of March, one thousand eight hundred and nine, or that may thereafter become due, to any officer or soldier residing in either of the United States, or the territories thereof, in which there hath not been appointed an agent for the payment of pensions, shall be paid at the seat of the government of the United States, by the secretary for the war department, and the name of the pensioner shall, on his application to the secretary of war, be transferred from the books of the state in which it was originally enregistered, to a register to be opened for that pur. pose at the war office of the United States.

ACT of April 10, 1812. 4. Bioren, 405. An act for the relief of the officers and soldiers who served in the late campaign

on the Wabash. 16. Sec. 1. The officers, according to the rank assigned them by governor Harrison, and which they held on the seventh day of November, one thousand eight hundred and eleven, the noncommissioned officers, and soldiers, of the volunteers and militia, and the legal representatives of those who were killed, or died of their wounds, composing the army that served in the late campaign on the Wabash against the hostile Indians, shall receive the same

(ACT of April 25th, 1812.) compensation which is allowed by law to the militia of the United States when called into the actual service of the United States.

Sec. ti. The officers, according to the rank which they held as aforesaid, the noncommissioned officers and soldiers, of the volunteers or militia, who served in the said campaign, and who were killed or died of wounds received in said service, leaving a widow, or if no widow, shall have left a child or children, under the age of sixteen years, such widow, or if no widow, such child or children, shall be entitled to, and receive, the half of the monthly pay to which the deceased was entitled at the time of his death, or receiving the wound of which he died; for and during the term of five years; and in case of the death or intermarriage of such widow, before the expiration of the term of five years, the half pay, for the remainder of the term, shall go to the child or children of such deceased officer or soldier, whilst under the age

of sixteen years; and in like manner the allowance to the child or children of such deceased, where there is no widow, shall be paid no longer than while there is a child or children under the age aforesaid: Provided, That no greater sum shall be allowed in any case to the widow, or to the child or children, of any officer, than the half pay of a lieutenant colonel.

Sec. m. Every officer, according to the rank which he held as aforesaid, noncommissioned officer and private, of the volunteers and militia, who served in the said campaign, and who have been disabled by known wounds received in said service, shall be pláced on the list of invalids of the United States, at such rate of pension as shall be directed by the president of the United States upon satisfactory proof of such wound and disability being produced, to the secretary of war, agreeably to such rules as he may prescribe: Provided, That the rate of compensatiun for such wounds and disabilities shall never, for the highest disability, exceed half the monthly pay of such officer, at the time of being so wounded or disabled, and that the rate of compensation to a noncommissioned officer and private, shall never exceed five dollars per month; and all inferior disabilities shall entitle the person so disabled to receive a sum in proportion to the highest disability; but no pension of a commissioned officer shall be calculated at a higher rate than the half pay of a lieutenant colonel.

ACT of April 25, 1812. 4 Bioren, 421. 17. Sec. I. The act entitled “ An act to provide for persons who were disabled by known wounds received in the revolutionary war," passed on the tenth of April, one thousand eight hundred and six, shall be, and the same is hereby revived, and continued in force for and during the space of six years from the passage of this act, and from thence to the end of the next ses. sion of congress thereafter, and no longer. Supra 5. Infra 31.

18. Sec. 11. The agents for the payment of invalid pensioners of the United States shall, in future, be required to give bond with two or more sureties, to be approved by the secretary for the de

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(ACT of August 2d, 1813.) partment of wat, in a sum not exceeding five thousand dollars, for the faithful discharge of the duties confided to them, respectively. ACT of May 20, 1812. 4 Bioren, 449.

[Now obsolete.] 19. Sec. xvir. (Provided a fund for the support and maintainance of the widows and orphans of persons slain; and for the support and maintainance of such persons wounded on board of the private armed vessels of the United States, during the war with Great Britain, &c.]

ACT of February 13, 1813. 4. Bioren, 498. An act regulating pensions to persons on board private armed ships. Sec. 1. [The two per centum reserved in the hands of the col. lectors and consuls by the act of June 1812, shall be paid to the treasury under the like regulations provided for other public moneys, and shall constitute a fund for the purposes provided for by the seventeenth section of the before mentioned act.]

Sec. 11. The secretary of the navy shall be authorized and re: quired to place on the pension list, under the like regulations and restrictions as are used in relation to the navy of the United States, any officer, seaman, or marine, who, on board of any private armed ship or vessel bearing a commission of letter of marque, shall have been wounded, or otherwise disabled, in any engagement with the enemy; allowing to the captain, a sum not exceeding twenty dollars per month; to lieutenants and sailing masters, a sum not exceeding twelve dollars, each, per month; to marine officer, boatswain, gunner, carpenter, master's mate, and prize masters, a sum not exceeding ten dollars, each, per month; to all other of ficers, 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, by direction of the secretary of the navy, out of the fund above provided, and from no other.

ACT of August 2, 1813. 4 Bioren, 623. An act to provide for the widows and orphans of militia slain, and for militia

disabled, in the service of the United States. 20. Sec. 1. If any commissioned officer of the militia, or of any volunteer corps, shall, while in the service of the United States, die by reason of any wound received in actual service of the United States, and leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or, if no widow, such child or children shall be entitled to receive half the monthly pay to which the deceased was entitled at the time of his death, for and during the term of five years; but in case of the death or intermarriage of such widow, before the expiration of the said term of five years, the half pay, for the remainder of the time

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