Act 3 Mar., 1879. Sec. 4709, R. S., repealed. The following provisions were enacted as a portion of the Act making appropriations for the payment of the arrears of pensions, approved March 3, 1879: That the rate at which the arrears of invalid pensions shall be allowed and computed in the cases which have been or shall hereafter be allowed, shall be graded according to the degree of the pensioner's disability from time to time, and the provisions of the pension laws in force over the period for which the arrears shall be computed. That section one of the Act of January twenty-fifth, eighteen hundred and seventy-nine, granting arrears of pensions, shall be construed to extend to and include pensions on account of soldiers who were enlisted or drafted for the service in the war of the rebellion, but died or incurred disability from a cause originating after the cessation of hostilities, and before being mustered out: Provided, That in no case shall arrears of pensions be allowed and paid from a time prior to the date of actual disability. SEC. 2. All pensions which have been, or which may hereafter be, granted in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, or in consequence of wounds or injuries received, or disease contracted since that date, shall commence from the death or discharge of the person on whose account the claim has been or is hereafter granted, if the disability occurred prior to discharge; and if such disability occurred after the discharge, then from the date of actual disability, or from the termination of the right of party having prior title to such pension: Provided, The application for such pension has been or is hereafter filed with the Commissioner of Pensions prior to the first day of July, eighteen hundred and eighty, otherwise the pension shall commence from the date of filing the application; but the limitation herein prescribed shall not apply to claims by or in behalf of insane persons and children under sixteen years of age. SEC. 3. Section forty-seven hundred and nine of the Revised Statutes is hereby repealed. MISCELLANEOUS LAWS RELATING TO INVALID PENSIONS. SEC. 4694. Limitations in cases of disability incurred since July 27, 1868. SEC. 4700. Sick leave; sick furlough; veteran fur- SEC. 4701. Date when service terminates. SEC. 4715. One pension only allowable. SEC. 4721. General-service limitations as to pen- Act 29 August, 1890. Officer on retired list. Providing for muster and pay of certain officers and enlisted men of the volunteer forces. Act 1 March, 1879. Soldiers in the civil service of the United States. cases of disabil 27 July, 1868. SEC. 4694. No person shall be entitled to a pension by Limitation in reason of wounds or injury received or disease contracted ity incurred since in the service of the United States subsequent to the twenty- Sec. 1, 3 Mar., seventh day of July, eighteen hundred and sixty-eight, un- 1873; Sec. 2, 27 July, 1868. less the person who was wounded, or injured, or contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel, or naval station, or hospital. Sick leave, sick furlough, fur lough, line of SEC. 4700. Officers absent on sick-leave, and enlisted men absent on sick-furlough, or on veteran-furlough with the veteran organization to which they belong, shall be regarded in the duty. administration of the pension laws in the same manner as if Sec. 6, 3 Mar., they were in the field or hospital. 1873; Sec. 8, 6 June, 1866. (On veteran furlough with the organization to which they belonged.) Date when service terminates. SEC. 4701. The period of service of all persons entitled to the benefits of the pension laws, or on account of whose Sec. 7 3 Mar., death any person may become entitled to a pension, shall 1873; Sec. 9, 6 June, 1896. be construed to extend to the time of disbanding the organization to which such persons belonged, or until their actual discharge for other cause than the expiration of the service of such organization. Commencement of ante rebellion 1873; Sec. 13, 6 SEC. 4713. In all cases in which the cause of disability or pensions. death originated in the service prior to the fourth day of Sec. 19, 3 Mar., March, eighteen hundred and sixty-one, and an application June, 1866; Sec. for pension shall not have been filed within three years from 3, 25 July, 1866. See Sec. 1, 21 the discharge or death of the person on whose account the Feb., 1795; Sec. 2, 20 May, 1820; Sec. claim is made, or within three years of the termination of a 241822; pension previously granted on account of the service and Sec. 2, death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteen hundred and sixtysix, shall be affected by anything herein contained. 1828. May, Two pensions not allowable. Sec. 2, 3 Mar., SEC. 4715. Nothing in this Title shall be so construed as to allow more than one pension at the same time to the same 1873; Secs. 3, 4, person or to persons entitled jointly; but any pensioner and 10, 14 July, 1862; Sec. 13, 6 who shall so elect may surrender his certificate, and receive, June, 1866; Sec. 2,25 July, 1866. in lieu thereof, a certificate for any other pension to which he would have been entitled had not the surrendered certificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. (See Sec. 5, Act of July 25, 1882, p. 84.) Indians' claims. 1873. SEC. 4721. The term of limitation prescribed by sections Sec. 28, 3 Mar., forty-seven hundred and nine and forty-seven hundred and seventeen shall, in pending claims of Indians, be extended to two years from and after the third day of March, eighteen hundred and seventy-three; all proof which has heretofore been taken before an Indian agent, or before an officer of any tribe, competent according to the rules of said tribe to administer oaths, shall be held and regarded by the Pension Office, in the examining and determining of claims of Indians now on file, as of the same validity as if taken before an officer recognized by the law at the time as competent to administer oaths; all proof wanting in said claims hereafter, as well as in those filed after the third day of March, eighteen hundred and seventy-three, shall be taken before the agent of the tribe to which the claimants respectively belong; in regard to dates, all applications of dis now on file shall be treated as though they were made before a competent officer at their respective dates, and if found to be in all other respects conclusive, they shall be allowed; and Indians shall be exempted from the obligation to take the oath to support the Constitution of the United States. ice. 1844. serv SEC. 4724. No person in the Army, Navy, or Marine Corps General shall draw both a pension as an invalid and the pay of his rank or station in the service, unless the disability for Act 30 Apr., which the pension was granted be such as to occasion employment in a lower grade, or in the civil branch of the service. his, As to persons in the civil serv ice of the United States, see Sec. 1, 3 Mar., 1865, Sec. 5, 6 June, 1866, and Act 1 Mar., 1879. The above section amended by the following Act: AN ACT making appropriations for additional clerical force and other expenses, and so forth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Act 29 Aug., 1890. tired list. SEC. 2. Hereafter no officer of the Army, Navy or Marine Officer on Corps on the retired list shall draw or receive any pension under any law. re Approved, August 29, 1890. and sailors not to serters. SEC. 4749. No soldier or sailor shall be taken or held to Certain soldiers be a deserter from the Army or Navy who faithfully served be deemed deaccording to his enlistment until the nineteenth day of April, Act 19 July, eighteen hundred and sixty-five, and who, without proper 1867. authority or leave first obtained, quit his command or refused to serve after that date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such soldier or sailor of his pension; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. The above section amended by the following Acts: AN ACT to relieve certain soldiers of the late war from the charge of desertion. Act 7 Aug., 1882. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the charge of desertion now standing on the rolls and records Desertion. in the Office of the Adjutant-General of the United States Desertion. against any soldier who served in the late war in the volunteer service shall be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records or from other satisfactory testimony, that any such soldier served faithfully until the expiration of his term of enlistment, or until the twentysecond day of May, anno Domini eighteen hundred and sixty-five, or was prevented from completing his term of service by reason of wounds received or disease contracted in the line of duty, but who, by reason of absence from his command at the time the same was mustered out, failed to be mustered out and to receive an honorable discharge. SEC. 2. That the charge of desertion standing on the rolls and records in the Office of the Adjutant-General of the United States against any soldier who served in the late war in the volunteer service shall also be removed in all cases where it shall be made to appear to the satisfaction of the Secretary of War, from such rolls and records, or from other satisfactory testimony, that such soldier charged with desertion or with absence without leave did not intend to desert, and after such charge of desertion or absence without leave voluntarily returned to his command and served in the line of his duty until he was mustered out of the service and received a certificate of honorable discharge. SEC. 3. That in all cases where the charge of desertion shall be removed under the provisions of this Act from the record of any soldier who has not received a certificate of discharge, it shall be the duty of the Adjutant-General of the United States to issue to such soldier, or, in case of his death, to his heirs or legal representatives, a certificate of discharge. SEC. 4. That when the charge of desertion shall be removed under the provisions of this Act from the record of any soldier, such soldier, or in case of his death, the heirs or legal representatives of such soldier, shall receive all pay and bounty which may have been withheld on account of such charge of desertion or absence without leave: Provided, however, That this Act shall not be so construed as to give to any such soldier as may be entitled to relief under the provisions of this Act, or, in the case of his death, to the heirs or legal representatives of any such soldier, the right to receive pay and bounty for any period of time during which such soldier was absent from his command without leave of absence: And provided further, That no soldier nor the heirs nor legal representatives of any soldier, who served in the Army a period of less than twelve months, or whe |