Page:United States Statutes at Large Volume 18 Part 1.djvu/991

Trrna 1.v11.—-PENSIONS. 919 account the claim is made, or within three years of the termination of a pension previously granted on account of the service and death of the same person, the pension shall commence from the date of filing by the garty prosecuting the claim the last paper requisite to establish the same. ut no claim allowed prior to the sixth day of June, eighteen hundred and sixty-six, shall be affected by anything herein contained. Sec. 4714. Declarations of pension claimants shall be made before a P<=<>l¤¤‘¤fi<>¤ of court of record, or before some officer thereof having custody of its °l“lK‘“""'· ,_ seal, said officer hereby being fully authorized and empowered to ad- Ibid., s. 21. minister and certify any oath or affirmation relating to any pension or application therefor: 1’;m·z'ded That the Commissioner of Pensions may designate, in localities more than twenty-five miles distant from any place at which such court is holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken, and may accept declarations of claimants residing in foreign countries, made before a United States minister or consul, or before some officer of the country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul; declarations in claims of Indians made beforea United States agent; and declarations in claims under the provisions of this Title relating to pensions for services in the war of eighteen hundred and twelve, made before an officer duly authorized to administer oaths for general purposes, when the a licants, by reason of infirmity of age, are unable to travel: Pzwvldad, That any declaration made before an officer duly authorized to administer oaths for general purposes shall be accepted to exempt a claim from the limlitation as to date of filing prescribe in section for·ty-seven hundred an nine. Sec. 4715. Nothing in this Title shall be so construed as to allow more Onlyone pension than one pension at the same time to the same person, or to persons §'¤¤¤¤¤¤- entitled jointl ; but any pensioner who shall so elect may surrender his · p§};:`,_ 2O_ certificate, anclyreoeive, in lieu thereof, a certificate for an other pension to which he would have been entitled had not the surrendered certificate been issued. But all pa ·ments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. Sec. 4716. No money on account of pension shall be paid to any per- Loyalty. son, or to the widow, children, or heirs of any deceased person, who in "h;{j",,`%‘*“ any manner voluntarily engaged in, or aided or abetted, the late rebel]- "' ion against the authority o the United States. Sec. 4717. No claim for pension not prosecuted to successful issue C1aim¤_wbcpros— within five years from the date of filing the same shall be admitted €F“*"d“"*l““"'h** without recor·d·evidence from the Wan· or Navy Department of the injury JT?' _ . .___ or the disease which resulted in the disability or death of the person Ibid-, ¤- 94- on whose account the claim is made: Provided, That in any case in which the limitation rescribed by this section bars the further rosecution of the claim, the claimant may present, through the Pension- Cfiice, to the Adjutant-General of the Army, or the Surgeon-General of the Navy, evidence that the disease or injury which resulted in the disabilit r or death of the person on whose account the claim is made, originated in the service and in the line of duty; and if such evidence is deemed satisfactorv by the officer to whom it may be submitted, he shall cause a record of the fact so proved to he made, and a copy of the same to be transmitted to the Commissioner of Pensions, and the bar to the prosecution of the claim shall thereby be removed. Sec. 4718. If any pensioner has died or shall hereafter die; or if any Accmedpensions. rson entitled to a pension, having an application therefor pending, hss died or shall hereafter die, his widow, or if there is no widow, the "’` child or children of such person under the age of sixteen years, shall be entitled to receive the accrued pension to the date of the death of such person. Such accrued pension shall not be considered as a part of the assets of the estate of deceased, nor liable to be applied to the payment of the debts of said estate in any case whatever, but shall inure to the s1·—03——63