LAWS GRANTING PENSIONS TO DEPENDENT RELATIVES. SEC. 4707. Who are entitled. Act 27 June, 1890. Provisions of, who are entitled to. 1873; Secs. 3 and Sec. 12. 6 June, SEC. 4707. If any person embraced within the provisions Succession of dependent relaof sections forty-six hundred and ninety-two and forty-six tives. hundred and ninety-three has died since the fourth day of, Sec. 13, 3 Mar., March, eighteen hundred and sixty-one, or shall hereafter 4, 14 July, 1862; die, by reason of any wound, injury, casualty, or disease, 1866; Sec. 1, 27 July, 1868. which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has left or shall leave other relative or relatives who were dependent upon him for support in whole or in part at the date of his death, such relative or relatives shall be entitled, in the following order of precedence, to receive the same pension as such person 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 pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward 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 dependent upon him, then, on the death of the mother, the father shall become entitled to the pension, commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the dependent 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 remarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of said son 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 his mother, or was by law bound to such support, and that a father or a minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a father's means of independent support: Provided further, That the pension allowed to any person on account of his or her dependence, as herein before provided, shall not be paid for any period during which it shall not be necessary as a means of adequate subsistence. (See Acts approved March 19, 1886, p. 55; June 27, 1890, p. 61.) ACT JUNE 27, 1890. Act 27 June, 1890. Provisions of. Joint Resolution, 25 February, 1895. Missouri 1890. AN ACT granting pensions to soldiers and sailors who are incapaci-Act 27 June, tated for the performance of manual labor, and providing for pensions to widows, minor children, and dependent parents.* ents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in Dependent parconsidering the pension claims of dependent parents, the fact of the soldier's death by reason of any wound, injury, casualty, or disease which, under the conditions and limita. tions of existing laws, would have entitled him to an invalid pension, and the fact that the soldier left no widow or minor children having been shown as required by law, it shall be necessary only to show by competent and sufficient evidence that such parent or parents are without other present means of support than their own manual labor or the contributions of others not legally bound for their support: Provided, That all pensions allowed to dependent parents under this Act shall commence from date of the filing of the application hereunder and shall continue no longer than the existence of the dependence. SEC. 2. That all persons who served ninety days or more in the military or naval service of the United States during the late war of the rebellion and who have been honorably discharged therefrom, and who are now or who may Honorable discharge. hereafter be suffering from a mental or physical disability of a permanent character, not the result of their own vicious habits, which incapacitates them from the performance of manual labor in such a degree as to render them unable to earn a support, shall, upon making due proof of the fact according to such rules and regulations as the Secretary of the Interior may provide, be placed upon the list of invalid pensioners of the United States, and be entitled to receive a pension not exceeding twelve dollars per month, and not less than six dollars per month, proportioned to the degree of inability to earn a support; and such pension Invalid, serv ice ninety days. *For rules and regulations for applying hereunder, see p. 165. Widows and minors. shall commence from the date of the filing of the application in the Pension Office, after the passage of this Act upon proof that the disability then existed, and shall continue during the existence of the same: Provided, That persons who are now receiving pensions under existing laws, or whose claims are pending in the Pension Office, may, by application to the Commissioner of Pensions, in such form as he may prescribe, showing themselves entitled thereto, receive the benefits of this Act; and nothing herein contained shall be so construed as to prevent any pensioner thereunder from prosecuting his claim and receiving his pension under any other general or special Act: Provided, however, That no person shall receive more than one pension for the same period: And provided further, That rank in the service shall not be considered in applications filed under this Act. SEC. 3. That if any officer or enlisted man who served ninety days or more in the Army or Navy of the United States during the late war of the rebellion, and who was honorably discharged has died, or shall hereafter die, leaving a widow without other means of support than her daily labor, or minor children under the age of sixteen years, such widow shall upon due proof of her husband's death, without proving his death to be the result of his army service, be placed on the pension-roll from the date of the application therefor under this Act, at the rate of eight dollars per month during her widowhood, and shall also be paid two dollars per month for each child of such officer or enlisted man under sixteen years of age, and in case of the death or remarriage of the widow, leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen: Provided, That in case a minor Insane or per- child is insane, idiotic, or otherwise permanently helpless, manently helpless children. the pension shall continue during the life of said child, or Attorney, fee of. during the period of such disability, and this proviso shall apply to all pensions heretofore granted or hereafter to be granted under this or any former statute, and such pensions shall commence from the date of application therefor after the passage of this Act: And provided further, That said widow shall have married said soldier prior to the passage of this Act. SEC. 4. That no agent, attorney, or other person engaged in preparing, presenting, or prosecuting any claim under the provisions of this Act shall, directly or indirectly, contract for, demand, receive, or retain for such services in preparing, presenting, or prosecuting such claim a sum greater than ten dollars, which sum shall be payable only upon the order of the Commissioner of Pensions, by the pension agent making payment of the pension allowed, and any person who shall violate any of the provisions of this section, or who shall wrongfully withhold from a pensioner wrongfully withholding penor claimant the whole or any part of a pension or claim sion from penallowed or due such pensioner or claimant under this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offence, be fined not exceeding five hundred dollars, or be imprisoned Fine and im at hard labor not exceeding two years, or both, in the discretion of the court. Approved, June 27, 1890. sioner. prisonment. The provisions of the above Act extended by the following joint resolution: JOINT RESOLUTION to restore the status of the Missouri Militia who served during the late war. Joint resolu. tion 15 Feb., 1895. Act of June 27, 1890, applied to and Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the certain Missouri troops, their provisions of the Act of June twenty-seventh, eighteen hun- widows dred and ninety, be, and are hereby, extended to include minors. the officers and privates of the Missouri State Militia and the Provisional Missouri Militia who served ninety days during the late war of the rebellion, and were honorably discharged, and to the widows and minor children of such persons. The provisons of this Act shall include all such persons now on the pension rolls, or who may hereafter apply to be admitted thereto. Approved, February 15, 1895. |