Page:United States Statutes at Large Volume 17.djvu/611

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FORTY-SECOND CONGRESS. Sess. III. Ch. 234. 1873. 571 certified under seal by any court having probate jurisdiction, that satis- to npcnsion by factory evidence has been produced before such court upon due notice "°”°'* °f°md'°“ m the widow that the widow aforesaid has abandoned the care of such gpedgloigi gm child or children, or that she is an unsuitable person, by reason of im- have abandoned moral conduct, to have the custody of the same, or on presentation of ::2* Qhudwii °' satisfactory evidence thereof to the commissioner of pensions, then no &c,° mmol ' pension shall be allowed to such widow until such child or children shall have attained the age of sixteen years, any provisions of this act, or of my previous act, to the contrary notwithstanding; and the said child or chil- such child,-en dren aforesaid shall be peusioned in the same manner, and from the same *0 be P¤¤Si°¤¤d date, as if no widow had survived such person, and such pension shall be wcggzagxiglfy? paid 120 the guardian of such child or children: Provided. That if in any Proviso. l ease payment of pension shall have been made to the widow, tshe pension to the child or children shall commence from the date to which her pension has been paid. Sec. 18. That if any person embraced within the provisions of the persons mq. first section of this act has died since the fourth day of March, eighteen tled $0 invalid hundred and sixty-one, or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of or children, but said section, would have entitled him to an invalid pension, and has not. l°¤"i¤f§ ‘l€P€¤d· left or shall not leave 2. widow or legitimate child, but has left or shall g32J2s2Q?;; to leave other relative or relatives who were dependent upon him for support receive the penut the date of his death, such relative or relatives shall be entitled in the ;;f£r*L‘;.d ;‘;_;;'}‘“'· following order of precedence to receive the same pension, as such person dence, p would have been entitled to had he been totally disabled, to commence from the death of such person, namely, first, the mother; secondly, the father; thirdly, orphan brothers and sisters under sixteen years of age, who shall be peusioned jointly: Provided, That where orphan children whm, children of the same parent have diH`erent guardians, or a portion of them only are h¤V¢ ¤}ii”f¤r¤¤¥· under guardianship, the share of she joint pension to which each ward g“”"d"‘"" shall be entitled shall be paid to the guardian of such ward: Provided, That if in any case said person shall have left father and mother who are uigon death of dependent upon him, then, on the death of the mother, the father shall zggefhotggvo become entitled to the pension, commencing from and after the death of the pension, the mother; and upon the death of the mother and father, or upon the of both father death of the father and the remurriage of the mother, the dependent ““d “‘°°h°"‘ brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years respectively, commencing from the death or l'€mH»Yl‘l3.g€ of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have When mother been dependent upon her son, within the meaning of this act, if, at the 3i3Q32x3U2bn date of his death, she had no other adequate means of support than the gm Son; ordinary proceeds of her own manual labor and the contributions of said sou or of any other persons not legally bound to aid in her support ; and if, by actual contributions or in any other way, the son had recognized his obligations to aid in support of said mother, or was by law bound t,0 such support, and that s. father or a minor brother or sister shall in like when father cr manner and under like conditions, be assumed to have been dependent, ggsgcf b’°*h" °" except than the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a fa.ther’s means of independent support: Provided further, That the pension 0§¤;¤hbP¤¤5:>¤; allowed to any person on account of his or her dependence as herein- Emzfn §e§.’iJdS_°' before provided shall not be paid for any period during which it shall not be necessary as za. means of adequate subsistence. Sec. 14. That the remarriage of any widow, dependent mother, or Iiemayriuggonot dependent sister, entitled be pension, shall not bar her right to such g;n;;;'%0‘%a,m pension to the date of her remarriage, whether an application therefor or remzu‘riv.g6, was filed before or after such marriage; and that on the rcmaxtriage of b“°» &°· any widow, dependent mother, or dependent sister, having a pension, such pension shall cease.