Marriages. widowhood, and to his child or children until they severally SEC. 2. That marriages, except such as are mentioned in section forty-seven hundred and five of the Revised Statutes shall be proven in pension cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to pension acAdulterous co- crued; and the open and notorious adulterous cohabitation of a widow who is a pensioner shall operate to terminate her pension from the commencement of such cohabitation. Approved, August 7, 1882. habitation. 7 June, 1888. Commence. ment of widow's pension. The following provisions were enacted as a portion of the Act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, approved 1888: June 7, * *That all pensions which have been, or which may hereafter be, granted under the general laws regulating pensions to widows in consequence of death occurring from a cause which originated in the service since the fourth day of March, eighteen hundred and sixty-one, shall commence from the date of death of the husband: And provided furOaths by United ther, That all United States officers now authorized to administer oaths are hereby required and directed to administer any and all oaths required to be made by pensioners and their witnesses, in the execution of their vouchers for their pensions free of charge. States officers. the AN ACT to amend an Act entitled An Act to amend section fifty-three hundred and fifty-two, of the Revised Statutes of the United States, and so forth. Marriage cere- SEC. 9.* That every ceremony of marriage, or in the monies in Territories. nature of a marriage ceremony, of any kind, in any of the Territories of the United States, whether either or both or more of the parties to such ceremony be lawfully competent * Modifying Act approved March 3, 1879, Sec. 2, proviso. See p. 34. to be the subjects of such marriage or ceremony or not, shall be certified by a certificate stating the fact and nature Certificates. of such ceremony, the full names of each of the parties concerned, and the full name of every officer, priest, and person, by whatever style or designation called or known, in any way taking part in the performance of such ceremony, which certificate shall be drawn up and signed by the parties to such ceremony, and by every officer, priest, and person taking part in the performance of such ceremony, and shall be by the officer, priest, or other person solemnizing such marriage or ceremony filed in the office of the probate court, or, if there be none, in the office of the court having probate powers in the county or district in which such ceremony shall take place, for record, and shall be immediately recorded, and be at all times subject to inspection as other public records. Such certificate, or the record thereof, or a duly certified copy of such record, shall be prima facie evidence of the facts required by this To be prima Act to be stated therein, in any proceeding, civil or criminal, in which the matter shall be drawn in question. Any person who shall willfully violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine of not Punishment for more than one thousand dollars, or by imprisonment not longer than two years, or by both said punishments, in the discretion of the court. facie evidence. violation. missible. SEC. 10. That nothing in this Act shall be held to prevent Other proof adthe proof of marriages, whether lawful or unlawful, by any evidence now legally admissible for that purpose. (Received by the President February 19, 1887, not having been returned to Congress within the time prescribed by the Constitution, became a law without his approval.) AN ACT to increase the pensions of widows and dependent relatives Act 19 Mar., of deceased soldiers and sailors. 1886. of an amendment 52) and 4707 (p. sion to widows relatives. Be it enacted by the Senate and House of Representatives of In the nature the United States of America in Congress assembled, That from to Secs. 4703 (p. and after the passage of this Act the rate of pension for 59), R. S. widows, minor children, and dependent relatives now on the Increase penpension-roll, or hereafter to be placed on the pension-roll, and dependent and entitled to receive a less rate than hereinafter provided, shall be twelve dollars per month; and nothing herein shall be construed to affect the existing allowance of two dollars per month for each child under the age of sixteen years: Legitimacy of children. Sec. 10, 3 Mar., 1873. Widows of col ored and Indian evidence of mar of children, etc. Sec. 11, 3 Mar., 1866. Sec. 11, 3 Mar., 1873. Provided, That this Act shall apply only to widows who were married to the deceased soldier or sailor prior to its passage and to those who may hereafter marry prior to or during the service of the soldier or sailor. And all acts or parts of acts inconsistent with the provisions of this Act are hereby repealed. SEC. 2. That no claim agent or attorney shall be recognized in the adjudication of claims under this Act, nor shall any such person be entitled to receive any compensation whatever for services or pretended services in making applications thereunder. Approved, March 19, 1886. SEC. 4704. In the administration of the pension-laws, children born before the marriage of their parents, if acknowledged by the father before or after the marriage, shall be deemed legitimate. SEC. 4705. The widows of colored and Indian soldiers and soldiers entitled; sailors who have died, or shall hereafter die, by reason of riage: legitimacy Wounds or injuries received, or casualty received, or disease contracted, in the military or naval service of the United 1873; Sec. 14, 14 States, and in the line of duty, shall be entitled to receive July, 1864; Sec. 14, 6 June, 1866; the pension provided by law without other evidence of marSec. 2, 15 June, riage than satisfactory proof that the parties were joined Asto❝Indian," in marriage by some ceremony deemed by them obligatory, or habitually recognized each other as man and wife, and were so recognized by their neighbors, and lived together as such up to the date of enlistment, when such soldier or sailor died in the service, or, if otherwise, to date of death; and the children born of any marriage so proved shall be deemed and held to be lawful children of such soldier or Sec. 11, 3 Mar., Sailor, but this section shall not be applicable to any claims on account of persons who enlist after the third day of March, one thousand eight hundred and seventy-three. 1873. Remarriage. SEC. 4708. The remarriage of any widow, dependent Sec. 14, 3 Mar., mother, or dependent sister, entitled to pension, shall not 3. 14 July, 1862; bar her right to such pension to the date of her remarriage, Sec. 7, 4 July, 1804; Sec. 6. 25 whether an application therefor was filed before or after July, 1866; Sec. 10, 27 July, 1868. such marriage; but on the remarriage of any widow, dependent mother, or dependent sister, having a pension, such pension shall cease. Time for which a widow shall not SEC. 4735. No pension shall be granted to a widow for receive a pension. the same time that her husband received one. Act 30 Apr., 1844. (See resolution 23 Jan., 1845.) AN ACT to regulate marriages in the District of Columbia. SEC. 4. That no marriage heretofore solemnized shall be deemed or adjudged to be invalid, nor shall the validity thereof be in any way affected, on account of any want of authority in any person solemnizing the same, if consummated with a full belief on the part of the persons so married, or either of them, that they were lawfully joined in marriage. * Approved, May 13, 1896. Act 13 May, 1896. Previous marriages valid. AN ACT making one year's residence in a Territory a prerequisite to Act 25 May, obtaining a divorce there. 1896. Territories. ings. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no One year's residence required in divorce shall be granted in any Territory for any cause divorce proceedunless the party applying for the divorce shall have resided continuously in the Territory for one year next preceding the application: Provided, That this Act shall not affect Proviso. any action duly commenced and pending at the date of the tions. passage thereof. Approved, May 25, 1896. Pending ac widows and chil 1858. SEC. 4725. All those surviving widows and minor children Half pay to who have been allowed five years' half-pay, under the dren. provisions of any general laws passed prior to the third day of, Sec. 1, 3 June, June, eighteen hundred and fifty-eight, are granted a continuance of such half-pay, to commence from the date of the last payment under the respective Acts of Congress, granting the same, and the terms and limitations provided in the following section. widows and chil 1858. SEC. 4726. Such half-pay is granted to such widows during Half pay to life, and, where there is no widow, to the children, while dren. under the age of sixteen years; but in case of the remar- Sec. 1, 3 June, riage or death of any such widow, the half-pay shall go to the children of the decedent on account of whose services it is claimed, while such children are under sixteen years of age, and no longer. SEC. 4727. The half-pay of such widows and children shall Half pay to widows and chilbe half the monthly pay of the officers, non-commissioned dren. officers, musicians, and privates of the infantry of the Regu-Sec. 1, 3 June, lar Army, and no more, and no greater sum shall be allowed 1858. Provision for widows, etc., of the service. to any such widow or minor children than the half-pay of a lieutenant-colonel. But the two preceding sections shall not be construed to apply to or embrace the case of any person receiving a pension for life on the third day of June, eighteen hundred and fifty-eight; and, whenever half-pay has been granted by any special act of Congress, and renewed or continued under the provisions of those sections, the same shall continue from the date above named: Provided, That pensions under this and the two preceding sections shall be varied in accordance with the provisions of section four thousand seven hundred and twelve of this Title. (See Act June 27, 1890, p. 61.) SEC. 1656. When any officer, non-commissioned officer, those who die in artificer, or private of the militia or volunteer corps dies in the service of the United States, or in returning to his place 1836, c. 44, 8.5, v. of residence after being mustered out of service, or at any Acts 19 Mar., 5, p. 7; 10 Apr., 1816, s. 1; 3 Mar., 1812, s. 2; 16 Apr., time in consequence of wounds received in service, and 1817, s. 1; 4 July, leaves a widow, or if no widow, a child or children under 1836, s. 1; 3 Mar., 1837, s. 1. sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of the decedent. And the Secretary of the Interior shall adopt such forms of evidence, in applications under this section, as the President may prescribe. (It is evident from the marginal references in the Revised Statutes opposite the preceding section, as well as from the language of the next section (1657), that section 1656 was intended to be a reenactment of section 5, Act of March 19, 1836, in which Act, as shown in its sixth section, it was intended to provide only for those who served in the Florida Indian war of 1835-1842, and in which the benefits of prior laws were extended to those who so served. Section 1656 has always been regarded as being superfluous, as its provisions are fully covered by section 4732 of the Revised Statutes.) |