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2. The ram "Lioness."

The ram Lioness was a war vessel, and service thereon as steersman, which was paid for by the Quartermaster's Department, is such service as gives title to pension under the second paragraph of section 4693, Revised Statutes. Hall W. Hogan (Actg. Sec. Joslyn), 9 P. D. (o. s.), 484.

See also WAR VESSELS.

HABEAS CORPUS.

See BOUNTY LAND; DISCHARGE,

HALF-BLOOD.

Brothers and sisters of the half-blood are equally entitled, under the pension laws, with those of full-blood. Citing Attor ney-General's opinions of November 19, 1830, and May 27, 1848. Guardian of John Grew (Actg. Sec. Otto), 7 L. B. P., 2.

See also BOUNTY LAND.

HALF PAY.

See BOUNTY LAND.

HEIRS.

See BOUNTY LAND; LEGAL REPRESENTATIVES.

HELPLESSNESS.

See AID AND ATTENDANCE; MINORS; REDUCTION.

HONORABLE DISCHARGE.

See DISCHARGE.

HOSPITALS.

1. Hospital for the Insane.

2. Hospital matrons not regarded as enlisted
3. Hospital stewards.

1. Hospital for the Insane.

Where a person is committed to the Government Hospital for the Insane as an indigent patient, and thereafter is granted a pension greater than the cost of his maintenance in the hos pital, he ceases to be indigent and the hospital is entitled to reimbursement from pension money of cost of his support from the time such indigence ceased, and proper steps should be taken against the guardian to enforce payment of same. Thomas Hynes; Robert G. Dunlap, alias Durdass (Asst. Sec. Bussey), 5 P. D., 52.

2. Hospital matrons not regarded as enlisted.

No persons can be regarded as enlisted in the Army who were not referred to in the law relating to the organization of the Army as enlisted persons. There is no law authorizing the enlistment of hospital matrons, but they are merely employees of the hospital department, and are not in any class of persons for whom army pensions are provided. Isabella Higgins (Sec. Teller), 11 P. D. (o. s.), 55.

3. Hospital stewards.

The widow of a hospital steward who was employed at Washington, D. C., is pensionable under section 2 of the act of July 27, 1868, under the holding of the Adjutant-General of the Army that Washington, D. C., is a military post within the meaning of said act. Josephine Plumer (Sec. Delano), 8 L. B. P., 456.

See also INSANE PERSONS; GUARDIANS; NAVAL HOSPITALS; NAVY PENSIONS; NURSES; SERVICE.

HUSBAND AND WIFE.

Under the pension laws, as under the common law, husband and wife must be regarded as one person, so that pension allowed to one as the parent of a deceased soldier bars pension to the other as parent of another deceased soldier. George Colony (Sec. Chandler), 3 P. D. (o. s.), 435.

IDENTITY.

Identity must be shown where service was rendered under an alias. Etienne Gador, alias Joseph S. Brown (Sec. Schurz), 7 P. D. (0. s.), 6.

This claimant having originally alleged, as the captain of his company, a name not found on the record, and that he rendered no active service at all, being merely held for several weeks in his native town on waiting orders, while the record shows service and pay for over six months, it is held his identity with the soldier of record is not shown. William Thurston (Sec. Teller), 10 P. D. (o. s.), 491.

See also RESTORATION (Declarations); SPECIAL ACT.

ILLEGITIMACY.

See ADULTEROUS COHABITATION; BOUNTY LAND; LEGITIMACY.

ILLITERACY.

See MAGISTRATES.

IMBECILES.

See BOUNTY LAND; DECLARATIONS; INSANE PERSONS.

INCREASE.

1. Generally.

2. Act of June 6, 1866.

3. Act of July 25, 1866.

4. Act of June 6, 1874.

5. Act of June 17, 1878.

6. Act of June 16, 1880.

7. Act of March 3, 1883.

8. Act of August 4, 1886.

9. Act of June 27, 1890.

10. Act of January 5, 1893.

11. In conformity with medical examinations.

12. Nonspecific disabilities.

13. On account of obesity.

14. Prospective disability.

15. Resulting disability.
16. Under special act.

1. Generally.

Disability for which originally pensioned established by record evidence; additional disability claimed, not sustained by the record, but only by the affidavit of two comrades: Held, To be insufficient in the absence of corroborative testimony. Thomas Graves (Sec. Schurz), 6 P. D. (o. s.), 327.

Where no increase of disability is shown, there can be no increase of pension. John Allee (Asst. Sec. Hawkins), 1 P. D., 241.

2. Act of June 6, 1866.

An applicant for an increased allowance under the act of June 6, 1866, must affirmatively prove that his disability is one of the specific character mentioned in the act, or is equiv alent thereto, unless the fact be satisfactorily established by the proof accompanying his original application. Thaddeus Wetmore (Sec. Browning), 6 L. B. P., 204.

A pensioner under a special act which failed to specify a rate, being pensioned at second grade under the act of June 6, 1866, is entitled to the benefit of the act of June 8, 1872, increasing the rate on account of such disability, notwithstanding the fact that his disability is not shown to have been contracted in line of duty. George J. St. Louis (Sec. Delano), 1 P. D. (o. s.), 104.

3. Act of July 25, 1866.

The additional pension provided for in the act of July 25, 1866, is not a part of the widow's pension, but is an additional pension, allowed to her for the use and benefit of the minor children, and she is not entitled to it on their account unless they are in her custody; and if she be insane the guardian of herself and the minor children may draw the entire pension for her and their benefit. Minors of Adam Beier (Sec. Chaud

ler), 3 P. D. (0. s.), 98.

4. Act of June 6, 1874.

A special act having been passed pensioning a widow at $8 per month during her widowhood and $2 per month for each. child until it should attain its sixteenth year, said pension of $8 was withdrawn on the widow's remarriage, in 1871, but the $2 on account of the minor child was continued: Held, That the pension of $2 should be increased to $10 per month from June 6, 1874, under the act of that date. Minor of Patrick Raftery (Actg. Sec. Cowen), 2 P. D. (o. s.), 189.

5. Act of June 17, 1878.

Increase of pension (invalid) to $72 from $50 per month on account of disease of brain is inadmissible on the ground that the act of June 17, 1878, includes only those who have lost both hands or both feet or the sight of both eyes. William C. Sharp (Sec. Schurz), 6 P. D. (o. s.), 183.

6. Act of June 16, 1880.

Persons, on June 16, 1880, pensioned at a lower rate than $50 per month whose disabilities have since that date increased to such a degree as to entitle them to the benefits of the act of June 18, 1874, and persons whose disabilities may hereafter increase to such an extent as to entitle them to the benefits of the last-named act, are not entitled to the benefits of the act of June 16, 1880. Atty. Gen. Devens, 16 Op., 594. In the case of General Burnett, it is held that he is entitled to and should be allowed the increase of pension granted by the act of June 16, 1880, chapter 236, to a certain class of pensioners. Atty. Gen. Brewster, 17 Op., 327.

Where party is granted pension of $50 per month, under special act approved March 3, 1879, he is not entitled to increase to $72 per month under act of June 16, 1880. Ward B. Burnett (Actg. Sec Bell), 7 P. D. (o. s.), 190.

Beneficiaries under special act are not entitled to the benefits of the act of June 16, 1880, increasing pension from $50 to $72 per month. Ward B. Burnett (Sec. Schurz), 7 P. D. (o. s.), 316.

6. Act of June 16, 1880—Continued.

The act of June 16, 1880, increasing to $72 the pensions of those who were then receiving $50 per month, is applicable to pending claims under which increase to $50 per month was allowed from a date prior to June 16, 1880. Jiles J. Whitehead (Sec. Kirkwood), 8 P. D. (o. s.), 329.

A pensioner having a claim for increase on file at the date of the passage of the act of June 16, 1880, which was not finally adjudicated until after that date and then allowed at the rate of $50 per month, to commence prior thereto, is entitled to $72 per month under the provisions of that act. Ibid.

The Department adopts the Attorney-General's opinion of April 10, 1882, to the effect that those who were on June 16, 1880, entitled to receive, as well as those who were then receiving, pension at the rate of $50 per month are included within the act of the latter date, and holds that those who were then receiving $31.25 per month under the general law are entitled under said act to $72 per month. In a subsequent decision it is stated this pension of $72 per month should date from June 17, 1878. Ward B. Burnett (Sec. Teller), 9 P. D. (o. s.), 233, 266,

The act of June 16, 1880, has been construed to extend, not only to those who were on the pension rolls at $50 per month at the date of the passage of said act, but to those also who then had on file an application for pension at that rate and were found to be entitled thereto from a date prior to the pas sage of said act, but it can not be held to include those who had no application then pending, although entitled by reason of degree of disability to the $50 rate. Thomas S. Hopkins (Asst. Sec. Muldrow), 16 P. D. (o. s.), 260.

To entitle a claimant to increase from $50 to $72, as provided by the act of June 16, 1880, he must have been then (at date of passage of the act) in receipt of $50 per month, or have had an application for increase pending at the date of its passage. James B. Hanvey (Asst. Sec. Hawkins), 1 P. D., 216.

Increase of pension, as provided for by the act of June 16, 1880, applies only to such claimants as were then (at the date of the passage of the act) receiving a pension of $50 per month, or who had an application pending for increase at the date of the passage of said act. Julia W. Jones (Asst. Sec. Hawkins), 1 P. D., 162.

The benefits of the act of June 16, 1880, are due to those pensioners only who were receiving a pension of $50 per month at the date of its passage. Wooster Mandeville (Asst. Sec.

Hawkins), 1 P. D., 397.

A pensioner who was not on June 16, 1880, receiving a pen

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