OATHS; EXECUTION OF PAPERS AND EVIDENCE IN PENSION CLAIMS. SEC.1778. Oaths or acknowledgments, before whom taken. SEC. 4714. Declarations, executed before court of of record. Act July 1, 1890. Declarations, affidavits, and quarterly vouchers, to be executed before whom. Joint resolution, September 1, 1890. Declarations, affidavits, and other papers, executed before whom. Act July 26, 1892. Declarations and other papers Act August 23, 1894. Fourth-class postmasters, circuit court SEC. 1778. In all cases in which, under the laws of the Oaths or acknowledgments United States, oaths or acknowledgments may now be United States taken or made before any justice of the peace of any State commissioners or Territory, or in the District of Columbia, they may hereafter be also taken or made before or by any notary public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and, when certified under the hand and official seal of such notary or commissioner, shall have the same force and effect as if taken or made by or before such justice of the peace. Office of commissioners of circuit courts abolished, and United SEC. 4714. Declarations of pension claimants shall be made before a court of record, or before some officer thereof Declarations before a court of must be executed record, etc. having custody of its seal, said officer hereby being fully Sec. 21, 3 Mar., authorized and empowered to administer and certify any 1873; Sec. 3, 4 July, 1864. oath or affirmation relating to any pension or application therefor: Provided, That the Commissioner of Pensions may designate, in localities more than twenty-five miles distant from any place at which such court is holden, persons duly qualified to administer oaths, before whom declarations may be made and testimony taken, and may accept declarations of claimants residing in foreign countries made before a United States minister or consul, or before some officer of the country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States 1873. minister or consul; declarations in claims of Indians made before a United States agent; and declarations in claims. Sec. 21, 3 Mar., under the provisions of this Title relating to pensions for services in the war of eighteen hundred and twelve, made before an officer duly authorized to administer oaths for general purposes, when the applicants, by reason of infirmity of age, are unable to travel: Provided, That any declaration made before an officer duly authorized to administer oaths for general purposes shall be accepted to exempt a claim from the limitation as to date of filing prescribed in section forty-seven hundred and nine. Act 1 July, 1890. and affidavits. The above Section amended and extended by the following Acts approved July 1, 1890, September 1, 1890, and July 26, 1892: AN ACT in relation to oaths in pension and other cases. Be it enacted by the Senate and House of Reeprsentatives of Declarations the United States of America in Congress assembled, That any and all affidavits and declarations to be hereafter made or used in any pension or bounty cases, or in claims against the Government for back pay or arrears or increase of pension, or for quarterly vouchers, may be taken by any officer authorized to administer oaths for general purposes in the State, city, or county where said officer resides. If such officer has a seal and uses it upon such paper, no certificate of a county clerk, or prothonotary, or clerk of a court shall be necessary; but when no seal is used by the officer taking such affidavit, then a clerk of a court of record, or a county or city clerk, shall affix his official seal thereto, and shall certify to the signature and official character of said officer. Approved, July 1, 1890. Joint Resolu- JOINT RESOLUTION amending and construing the Act approved tion, 1 Sept., 1890. July first, eighteen hundred and ninety, in relation to oaths in pension and other cases. Oaths. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act approved July first, eighteen hundred and ninety, entitled "An Act in relation to oaths in pension and other cases," be and the same is hereby, amended and construed to mean that when declarations, affidavits, and other papers Who authorized. are verified by justices of the peace and other officers duly authorized by law to administer oaths for general purposes, but not required by law to have seals, the official character, signature, and term of service of such justice or other officer shall be certified by the clerk of the county or court of record or other proper officer, under the seal of such county or court or public officer, in the department or bureau in which such papers are to be used; and one such certificate duly filed in such department or bureau, or with any pension agent, shall be sufficient as to all verifications of such officer during his official term, and all papers heretobefore or hereafter filed shall be subject to this rule. Approved, September 1, 1890. AN ACT in relation to the execution of declarations and other papers Act 26 July, 1892, in pension claims. and other papers before whom ex Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Declarations declarations of pension claimants shall be made before a in pension claims court of record, or before some officer thereof having cus- ecuted. tody of its seal, or before some officer who, under the laws of his State, city, or county, has authority to administer oaths for general purposes; and said officers are hereby fully authorized and empowered to administer and certify any oath or affirmation relating to any pension or application therefor: Provided, That where such declarations or other papers are executed before an officer authorized as quired to use a above but not required by the laws of his State to have seal to file a cerand use a seal to authenticate his official acts, he shall file in the Pension Bureau a certificate of his official character, showing his official signature and term of office, certified by a clerk of a court of record or other proper officer of the State as to the genuineness thereof; and when said certificate has been filed in the Bureau of Pensions his own certificate will be recognized during his term of office. Officers not re tificate of official character. Pension papers SEC. 2. That the Commissioner of Pensions may accept executed in fordeclarations and other papers of claimants residing in eign countries. foreign countries made before a United States minister or consul or other consular officer, or before some officer of the country duly authorized to administer oaths for general purposes, and whose official character and signature shall be duly authenticated by the certificate of a United States minister or consul or other consular officer; And declarations in claims of Indians may be made be- Declarations fore a United States Indian agent. in claims of In. dians. Declarations and affidavits ex SEC. 3. That any and all declarations or affidavits now on file in the Pension Bureau which are considered informal ecuted under for mer acts made by reason of not having been executed in conformity to the good. Repeal. laws heretofore in force covering such, and in which it is shown or may be hereafter shown by proper evidence that the same were executed by and before an officer who was duly authorized to administer oaths for general purposes at said date of execution, shall be accepted as formal as from date of filing such declarations or affidavits. SEC. 4. That all acts and parts of acts inconsistent with the provisions of this Act are hereby repealed. Approved, July 26, 1892. Act 23 Aug., AN ACT empowering fourth-class postmasters to administer oaths to 1894. Vouchers may be executed be pensioners. Be it enacted by the Senate and House of Representatives fore fourth-class of the United States of America in Congress assembled, That postmasters. hereafter, in addition to the officers now authorized to administer oaths in such cases, fourth-class postmasters of the United States are hereby required, empowered, and authorized to administer any and all oaths required to be made by pensioners and their witnesses in the execution of their vouchers with like effect and force as officers having a seal; and such postmaster shall affix the stamp of his office to his signature to such vouchers, and he is authorized to charge and receive for each voucher not exceeding twenty-five cents, to be paid by the pensioner. Approved, August 23, 1894. Act 29 Aug., AN ACT making appropriations for additional clerical force and other 1890. Oaths. Chief clerks to administer. Officer on retired list. expenses, etc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, And no officer, clerk, or employee of any executive department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or com. pensation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein. And the chief clerks of the several Executive Departments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. SEC. 2. Hereafter no officer of the Army, Navy or Marine Corps on the retired list shall draw or receive any pension under any law. Approved, August 29, 1890. LAWS RELATING TO PENSION AGENTS AND PAYMENT OF PENSIONS. SEC. 4764. Pension agents to send quarterly vouchers to each pensioner. Act March 3, 1891. Payment of pension by pension agents, amending Sec. 4764. SEC. 4765. Checks to be drawn to order of each pensioner. Act March 1, 1889. Mailing of pension agent's check constitutes payment; accrued pension; United States officers to administer oaths. SEC. 4766. Pensions to be paid only to persons en- Act February 26, 1881, amending Sec. 4766. Act August 7, 1882. Payment of pension to in- Act August 8, 1882, amending Sec. 4766. Pension to be paid only to persons entitled; payment of pension due insane pensioner; Commissioner to visit pension agencies; payment to persons residing in foreign countries. Act March 3, 1883. Inmates of Soldiers' Home located at Washington, D. C., payment of pension to and allotment of pension by. SEC. 4767. Blanks for vouchers; notice. SEC. 4769. Fees deducted by pension agent. SEC. 4778. Pension agent's appointment and term Act March 8, 1878, amending Sec. 4778. SEC. 4780. Pension agencies, establishment of. Act March 23, 1896, repealing Sec. 4784. SEC. 4764. Within fifteen days immediately preceding the fourth day of March, June, September, and December in each year, the several agents for the payment of pensions shall prepare a quarterly voucher for every person whose pension is payable at his agency, and transmit the same by mail, directed to the address of the pensioner named in such voucher, who, on or after the fourth day of March, June, September, and December next succeeding the date of such voucher, may execute and return the same to the agency at which it was prepared, and at which the pension of such person is due and payable. The above Section amended by the following Act: Pension agents to send quarterly vouchers to each pensioner, etc. Sec. 1, 8 July, 1870. |