Page:United States Statutes at Large Volume 44 Part 1.djvu/1225

This page needs to be proofread.

/ 1211 Tzrm ss.-emwsrozvs, nowvsms the provisions of sections 35r to 353'0t this title, all leaves of g absence, and furloughs under General Orders, Numbered 130, t August 29, .1898, _\V1ir Department, shall be_included`i11 determining the period of pensionable service. As to may claimant 3‘ who filed im application for pension under section 355 ot this '3‘ title or under sections 351 to 353 of this title, and whose application is still pending in the Bureau of Pensions _0r has been 3· rejected on theigruund thut·11inety`days' seryice was not shown 3* exclusive of the`? leave of absence or furlough under the order hereinlrcfcrred to, the pension shall commence from the date 3 ·when the original application was filed in the Burean. of PensionsQ end as to claims under-said section-355 oithis title} the pension shall be at the rate prorided tul that section, with in- 9 crease at the rate provided under section·356;of this title- from t' september `1,` 1922; Provided, That persons who were, on 8 September 1, 1922, receiving pensions ninder then existing U law, or whose claims were then pending in the Bureau of Pen- f giunsjmay by application to tl1€'C0mmi§Si0H€f of Pensions, in C such form as he may prescribe, showing themselves entitled; .1 (hereto receive the benefits ofosections 354, 356, cpd 358 of gthis " title; and ‘n`othing· herein shall be so construed as to pre- il ivout any pensioner -thereundcr from prosecuting his claim Vt? uud`er any other general or special 'Act. This section `shall 9 not be so construed eas to reduce sfuy pension imderi any d Act, puhllcor private} (Sept. 1, 1922, c, 302, 5 5, 42 Stat. 835.) U 361. 'Claiml agents or attorneys; compensation in veterans" S cases;` pqnislunent.-No agent, attorney, or other person en- I gaged inprepqlng, presenting, or prosecuting any claim under t ` the pro=vlsion¤·0¢‘se;tions 351 to of this title shall, directly ” or indirectly, contract for; demand, receive, porretaln for such, t `scrvicesln preparing, presenting, or prosecuting such claim at sum *2 greater than $20, which sumifshall be payable only upon the order. of the Commissioner offPeo‘sious under such rules and ‘ regulations as he may deem proper to make, and any person t who shall violnteany of the provisionsof this section, °or who tt shell wrongfully _ withhold from a pensioner or claimant ther I whole or any part of a pension orclaim allowed or due such "-' pensioner orcleimssnt underlthis section, shall be deemed `gnllty, ° ot a misdemeanor, and upon conviction thereof shall;. for, each { and every such 0382180, be 'bned not exceeding $500, or be im- · i prisoned as hard_la_bor not exceeding two years, or. both, in the- "' _ discretion ot the court; (June 5; 1920, c._ 245; C 2, ·41` Stat. 982.) ~' 362. Rank in service not ¢0HIid¢!Ed.**R&Dk in the service ‘ shell not be considered ln applications _Hled_ under this chapter. g ` (Jane 5,19%, c; 245, §_ 1, 41 Stat. 982;:Sept. 1, 1922, c, 302, i |5,'42·Stat._8&.) · ·· · _ J so ° gl 363. Qaimfagenta or attorneys; compensation in disability ‘ cases; lmram orwrldowa" clalrns; punishmentw-No.· claim agent ·] or attorney or other pcrsm shall be recognized `in the adjust- ‘ ment ot claims under swtiona 354 to_356' or'358 and Sw of this ji title, except ln claims for original pension, and ln such cases E no more = then the- sum ot {1.0 shall be allowed for servlcu yl in premring, presentinj; or prosecuting any such claim, which 1 sum shall he payable only _ on the oraer of the Commissioner 1 lot Pensions; and any person who" shall violate lil! `ot the I provblons of this section; or`shall·1iron§t'ully withhold fron; 1 the pensioner or claimant the whole or any part not a pen-· A sion allowed or due to such pensioner or claimant under ‘ this '1 section, shalluelae deemed guilty ot a' xnlsdemeanorhj and upon _ . convlction thereof shall, for each and every such _ `oitenm, ' be dned not excwding wooor be imprisoned ‘ not exceeding one year, or both, in the discretion of the court; (·July·1‘2l,“ T 1Q§8,c.`153. S 2. 40 Btatf 904: Sept. 1, 1922, c. 3024 ‘l·*!. 42 y _ stat. 836.) ‘ ‘ ` ` l T Chapter Bq-·—THE INDIAN WARS. ·- ·_ · Bee. ‘ . -° ` 311. Survivors of certain warsand widows placed on pension roll; rate. 372. Bama; benehts extended to survivors of other wars; widows.

r, AND VETERANS RELIEE § 373 BC. a · 73. Same; extension to Texas volunteers who served in defense *0t _' frontier against Mexicans and Indians; widows; proof of eu- , . listment or muster; contracts svith attorneys and claim agents. 74._ Increase otpension rate {rem and atter February 19, -1911}. · ‘ · 75. Same; further extension to Texas volunteers serving ingfdeiexnse _ of frontier against Indians; widows; preei of enlistment’”0r' _ muster, and se 1'orth: · 76. Same; period of service. · 77: Residence ot pensioners; prec! of citizenship. 78. Laws applicable, · _ I . 79; Proef requiredyperjury; striking from miie; loss of certiiicate · of discharge.- · ’ •' ‘ `· Section 371. Survivors of certain wars endevvidows placed »n— pension roll; rate.--'JQhe~ Secretary of the Interior is directed 0 place on tlxe pension roll the names of the surviving otiicers and enlisted men, including marines. militia, and volunteers of he military and `ne`v:i1;}service_.0§ the United Statesfwho served . or thirty days in the Black Hawk war, the Creekever, the Bherokee disturbances, or the Florida war with tlje Seminole ndians, exnbrncing a period from 1832 to 1842, inclusive, and were honornbly discharged, end such other omcers, soldiers, nd seilorsns may have been personally named; in any reselui ion oi Congress, fornny specific service in said Indian wars, Jthough their term of service nxaylhnve `been lessfhan thirty lays, nnd the surviving .widows_ot such emcers and enlisted nen, wheresnch widows have not. remarried. This csection ball not apply to any person not a citizentof the United States. Mansions under this section, except as otherwise previ‘ d, in his chapter, shall bear the rate of $8 per month, pnyéfroni md after July 27, 1892, for End during the natural ves or het persons entitled_thereto. y `_(Jul·y 27, 1892,; c. 277, §§‘ 1, 2, rrsme 281*2)- - `” · n _ _,,` - `372. Same; bcnedts extended to survivors of other wars; vidovvsle-From and ufteriune 27, 1902, the provisions, limite-

i0ns, and benente contained in section 371 ot this title; are S

iereby extended to the`? surviving o@cers and enlisted men. ncluding marines, militia, and volunteers of the militnry_endf_ navnlhservice of the United States who servqi for thirty days ir more end were thonorebly discharged under the United States military, State; Territ0rial,_or provisional authorities .n_ the Florida and Georgia . Seminole Indian war of 1817 and 1818; the — Fevre River Indian wer ot Illineie ot 1827;

he;Sac and Foxindien war ot 1831; the Sabine Indian

iisturbances or 1836 and .1837; thelkyuse Indian wer ot'1847 ‘ md -1848, on the Peeidc coast; the Florida were with the Seminole Indians, from 1842 te 1858, inclusive; the Texas and New Mexico Indian war et 1849 to 1856*; the Celifernle Indian, listurbances ot 1851 and 1852; the men Indian disturbances of l850 to 1853, inclusive, and the Orxon and Washington Territory Indian were from.1851 to 185& ineinsive; and also include the surviving widows et such omzere end enlisted men. provided such widows have not remarried. Where there is no recerdi it enlistment orf muster into the mrvice of the United States in any of the wars mentioned in this section me record of psy . by the United States shell be accepted estull and sntfsfactery of · preet or such enlistinent and service; All contracts made between the benenciiriee under this section and penéion attorneys and claim agents. prior te June 27, 1%2, are hereby declared null end void. (Junelzf, 1902, c. 1156, 32 Stat. @9.) · _ » 878.- Sage; ereemeev te Texdnvelgenteers rh served in de- _ lense et frnntier ngainm Mexicans end Imisns; vridovra; prec! ef enlistment dr nneter; entrants prith attorneys and claim ngentu-q·Frona and after May 30,1908, the provisions; limitee ` tlens, and benefits contained in mmm 311. ot_ tlais`tltle,.~nre hereby extendedfo the snrviving emeers `and enlietgd menot the Tens relnnteers who served in the defense er the frontier of that Stetengninst Mexican mnranders and Indian deprede¥ _ tions from the yeer.1&5 te,the.yar 1860, inclneivei nndj also include the surviving widows of such cfsaid `emcers and eni listed men, provided each widens have not- remarried. Where