United States Statutes at Large/Volume 1/2nd Congress/1st Session/Chapter 11

United States Statutes at Large, Volume 1
United States Congress
Public Acts of the Second Congress, 1st Session, Chapter 11

March 23, 1792
Chap. XI.—An Act to provide for the settlement of the Claims of Widows and Orphans barred by the limitations heretofore established, and to regulate the Claims to Invalid Pensions.

Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Suspension for two years of certain resolutions of Congress barring claims.operation of the resolutions of the late Congress of the United States, passed on the second day of November, one thousand seven hundred and eighty-five, and the twenty-third day of July, one thousand seven hundred and eighty-seven, so far as they have barred, or may be construed to bar the claims of the widow or orphans of any officer of the late army, to the seven years half pay of such officer, shall, from and after the passing this act, be suspended for and during the term of two years.

Disabled officers, &c. how to be placed on the pension list.Sec. 2. And be it further enacted, That any commissioned officer, not having received the commutation of half pay, and any non-com­missioned officer, soldier or seaman, disabled in the actual service of the United States, during the late war, by wounds or other known cause, who did not desert from the said service, shall be entitled to be placed on the pension list of the United States, during life or the continuance of such disability, and shall also be allowed such farther sum for the arrears of pension, from the time of such disability, not exceeding the rate of the annual allowance, in consequence of his disability, as the circuit court of the district, in which they respectively reside, may think just. Provided, That in every such case, the rules and regulations following shall be complied with; that is to say:—First. Every applicant shall attend the court in person, except where it shall be certified by two magistrates that he is unable to do so, and shall produce to the circuit court, the following proofs, to wit:—A certificate from the commanding officer of the ship, regiment, corps or company, in which he served, setting forth his disability, and that he was thus disabled while in the service of the United States; or the affidavits of two credible witnesses to the same effect.—The affidavits of three reputable freeholders of the city, town, or county, in which he resides, ascertaining of their own knowledge, the mode of life, employment, labour, or means of support of such applicant, for the last twelve months.—Secondly. The circuit court, upon receipt of the proofs aforesaid, shall forthwith proceed to examine into the nature of the wound, or other cause of disability of such applicant, and having ascertained the degree thereof, shall certify the same, and transmit the result of their inquiry, in case, in their opinion, the applicant should be put on the pension list, to the Secretary at War,Repealed 1793, ch. 17. together with their opinion in writing, what proportion of the monthly pay of such applicant will be equivalent to the degree of disability ascertained in manner aforesaid.

Clerk to publish this act, giving notice when the district court meets, &c.Sec. 3. And be it further enacted, That the clerk of the district court, in each district, shall publish this act in such manner as the judge of the district court shall think effectual to give general information thereof to the people of the district, and shall give like information of the times and places of holding the circuit courts in such district. And in districts wherein a circuit court is not directed by law to be holden, the judge of the district court shall be, and he hereby is authorized to exercise all the powers given by this act to the respective circuit courts. duty of the judges;And it shall be the duty of the judges of the circuit courts respectively, during the term of two years from the passing of this act, to remain at the places where the said courts shall be holden, five days at the least from the time of opening the sessions thereof,Repealed 1793, ch. 17. that persons disabled as aforesaid, may have full opportunity to make their application for the relief proposed by this act.

of the Secretary at War.Sec. 4. And be it further enacted, That the Secretary at War, upon receipt of the proofs, certificate and opinion aforesaid, shall cause the same to be duly filed in his office, and place the name of such applicant on the pension list of the United States, in conformity thereto: Provided always, That in any case, where the said Secretary shall have cause to suspect imposition or mistake, he shall have power to withhold Repealed 1793, ch. 17.the name of such applicant from the pension list, and make report of the same to Congress, at their next session.

Disabled persons barred by limitations, to be placed on Pension list.
1793, ch. 17, sec. 3.
Sec. 5. And be it further enacted, That all non-commissioned officers, soldiers and seamen, disabled in the actual service of the United States, during the late war, whose disability and rate of allowance have been ascertained, pursuant to the regulations prescribed by the late Congress, and have not applied to be placed on the pension list, until after the time, limited by the act of Congress for that purpose, was expired, shall now be placed on the pension list, and be entitled to demand and receive their respective pensions, according to the allowances ascertained as aforesaid, any thing in this act, or any act of the late Congress, to the contrary, notwithstanding.

Transfer, &c. of pension, before due, not valid, and how paid to attorney, &c.
Altered 1806, ch. 25, sec. 8.
Sec. 6. And be it further enacted, That from and after the passing of this act, no sale, transfer or mortgage of the whole or any part of the pension or arrearages of pension, payable to any non-commissioned officer, soldier or seaman, before the same shall become due, shall be valid. And every person, claiming such pension or arrears of pension, or any part thereof, under power of attorney or substitution, shall, before the same is paid, make oath or affirmation before some justice of the peace of the place where the same is payable, that such power or substitution is not given by reason of any transfer of such pension, or arrears of pension, and any person, who shall swear or affirm falsely in the premises, and be thereof convicted shall suffer, as for wilful and corrupt perjury.

Approved, March 23, 1792.