2. Act of June 18, 1874-when applicable.

This appellant being clearly in the class of persons embraced by the provisions of the act of June 18, 1874, and being entitled to pension thereunder, although pensioned at the same rate under a prior act, the proviso of said act of June 18, 1874, declaring that no artificial limb or commutation therefor shall be furnished, is applicable. Daniel McMahon (Actg. Sec. Cowen), 3 P. D. (o. s.), 41.

(a) Where claimant files a second claim subsequent to abandonment of first.

2. Agents of attorneys.

3. Appeals by.

4. Assignment-execution of.

(a) Consent of claimant.

(b) Payment under invalid assignment.

5. Call slips-when not required.

6 Certificate of character.

7. Consent of claimant.

8. Death-of claimant.

(a) Death of attorney.

9. Declaration, informal-rights under.

10. Diligence.

(a) Evidence of.

11. Disbarment.

12. Discharge.

13. Duties and obligations-as to subsequent declarations.

(a) As to reopening and appeal.

14. Examination, claimant's failure to appear for.

15. Examination of papers.

16. Fee, right to, generally.

(a) Right to, determinable from record at time of adjudication.

17. Fee contract.

18. Firms-person signing firm name.

(a) Death of partner.

19. Forfeiture.

20. Fraud.

21. Government employee.

22. Increase claims.

23. Indian claims.

24. Information.

25. Insane persons.

26. Malfeasance-retaining instead of filing evidence.
(a) Where evidence is executed before attorney.

27. Neglect, under rule 12, generally.

(a) Where claimant fails to appear for examination.

28. Nonresidents.

29. Notice, generally, of rejection.

(a) Where two claims (under different laws) are pending simultaneously. (b) Notice to claimant is not notice to attorney.

(e) of suspension of attorney.

30. Oath.

31. Orders-insufficient publicity of.

(a) Order 174.

32. Partners.

33. Payment.

34. Personal representatives.

35. Power of attorney.

(a) Sections 4768, 4785, and 4786, Revised Statutes.

(b) Latent ambiguity in.

(c) Contract for fee.

(d) Revocation of.

36. Priority.

37. Qualifying by-oath.

(a) Certificate of character.

38. Recognition after forfeiture.

(a) After claim is complete.

(b) After rejection and abandonment.

(c) Claims under acts of February 14, 1871, and March 9, 1878.

(d) Under general law and act of June 27, 1890.

(e) When letters of guardianship must be filed.

39. Record.

40. Refundment.

41. Reopening.

42. Requirements.

43. Revival of attorneyship-none after supersedure.
(a) Where there is forfeiture but no supersedure.

44. Rules.

45. Ruling 124.

46. Service-when by second, inures to benefit of first attorney. (a) When by first, inures to benefit of second attorney.

47. State agents.

48. Subsequent claims.

49. Substitution.

(a) Written consent of claimant requisite to.
(b) Power of

50. Supersedure.

51. Suspension-power of Secretary.

(a) General instructions relative to.

(b) Employing disbarred attorney as agent.

52. Title to practice.

53. Transfer.

1. Abandonment.

Where the papers in a case show that the original attorney has abandoned the claim, another attorney may be recognized. Elisha Yeamans (Sec. Delano), 2 P. D. (o. s.), 290.

(a) Where claimant files a second claim after abandonment of first.

Where an application under section 2 of the act of June 27, 1890, was rejected on March 17, 1891, the attorney filing and prosecuting the same having failed to take any action therein since said rejection, is not entitled to a fee upon an allowance of a claim subsequently filed under the same act by the claimant in his own proper person, in which said attorney rendered no service. George Smith (Asst. Sec. Reynolds), 7 P. D., 424.

The claim for increase in which appellant was attorney having been abandoned by the applicant, who thereafter filed a claim in his own behalf, which was allowed, the appellant was not entitled to a fee. Robins E. Babcock (Asst. Sec. Reynolds), 7 P. D., 285.

See also SUBTITLES: NEGLECT; RECOGNITION; SUBSTI

TUTION.

2. Agents (of attorneys).

It is not necessary that an agent who is employed by attorneys to conduct their business for them shall be also an attorney of record in the Bureau of Pensions. Quoting and approving decision, 3 P. D., 152. Milo B. Stevens & Co., in re Mark J. Maloney (Asst. Sec. Bussey), 4 P. D., 55.

See also SUBTITLES: QUALIFYING BY ATTORNEYS; STATE AGENTS.

3. Appeals.

Where an appeal from the rejection of a case is filed in the time allotted, by rule 13, to the attorney of record, it inures to his benefit the same as though he himself had taken such action. Albert Huber (Asst. Sec. Reynolds), 8 P. D., 80.

Where a claim under the act of June 27, 1890, has been rejected and the attorney therein fails to appeal, another attorney who filed a new declaration after said rejection may be recognized for the purpose of entering an appeal from the rejection of the first claim, though he had no specific power of attorney to appear in such rejected claim, for the reason that being the attorney in the second claim it was his duty to secure allowance of pension from the earliest date to which claimant was entitled. John Smith (Asst. Sec. Reynolds), 8 P. D.,-.

See also SUBTITLES: DEATH; DUTIES AND OBLIGATIONS; NOTICE.

5. Assignment, execution of.

The assignment of an attorneyship in a pension claim not executed in the presence of an officer competent to administer oaths is not valid, and transmits no title to the assignee. James Sullivan (Asst. Sec. Reynolds), 7 P. D., 519.

(a) Consent of claimant.

Appellant came into the case by transfer. At the time said transfer was filed in the Bureau the claim was not complete. As claimant's written consent to the assignment was not obtained as required by rule 2, Rules of Practice before the Commissioner of Pensions, said assignment was invalid and appellant had no title. Alexander Robbins (Asst. Sec. Reynolds), 7 P. D., 358.

(b) Payment under invalid assignment.

Where invalid assignment has been made and the Bureau of Pensions has certified to the assignor the check in payment of the fee, and said assignor has indorsed the same to the assignees, who are attorneys practicing before the Bureau, said assignees may be required to refund. James Sullivan (Asst. Sec. Reynolds), 7 P. D., 519.

5. Call slips-when not required.

Where an attorney, entitled to information as to the effect of evidence filed by him, has asked for such information, and the Bureau has failed to furnish it such failure is error. Where an attorney entitled as aforesaid has made the proper call for status, the subsequent filing of similar calls at intervals of a year or less is not necessary to the preservation of his right to recognition. John S. Keisor (Asst. Sec. Reynolds). 7 P. D., 558.

When an attorney, who is entitled to the requirements upon the condition that he call up the case at intervals of one year or less until recognized, prima facie completes the case and then calls it up, the subsequent filing of call slips is not necessary to preserve his rights. The claim was completed within the time of the appellants, and, as they were not in default, they should have been paid a fee. Minors of Chesley Cooper (Asst. Sec. Reynolds), 8 P. D., 216.

6. Certificate of character.

See SUBTITLE: QUALIFYING BY ATTORNEY.

7. Consent of claimant.

See SUBTITLE: ASSIGNMENT; SUBSTITUTION.

8. Death-of claimant.

Under the established practice a power of attorney is valid after the death of the claimant to the extent that the attorney may receive compensation from the accrued pension for his services. Hosmer Chase (Asst. Sec. Bussey), 4 P. D., 89.

Where a claim for pension is pending before the Bureau and the applicant dies, the attorney of record will be permitted to proceed under his original contract and prosecute the claim to adjudication, but on adjudication his rights and authority under said contract terminate. If the claim be rejected, and he desires to file evidence with a view to reopening, or to appeal, he must, before proceeding in the matter, obtain a power of attorney from the widow or the person next in order of succession. Americus Mayo (Asst. Sec. Reynolds),

7 P. D., 531.

See also SUBTITLE: APPEALS; REVOCATION.

(a) Death of attorney.

See SUBTITLE: FIRMS; PERSONAL REPRESENTATIVES.

9. Declaration (informal), rights under.

An attorney can not be superseded within one year from the date when he is informed of the requirements, although the declaration filed by him is informal, and the formal declaration is filed within a year by another attorney. Louis Bronner (Asst. Sec. Bussey), 4 P. D., 357.

See also SUBTITLE: DUTIES AND OBLIGATIONS.

10. Diligence.

The mere filing by an attorney of a statement that he has advised claimant of requirements and is endeavoring to assist the latter in procuring the necessary evidence is not sufficient cause shown for his failure to file such evidence. Sidney M. Brownell (Asst. Sec. Reynolds), 7 P. D., 373.

(a) Evidence of.

Mere private records kept in an attorney's office are not to be received as proof of due diligence; such diligence must be shown by the record in the claim. Almond B. Gage (Asst. Sec. Hawkins), 2 P. D., 163.

See also SUBTITLE: NEGLECT.

11. Disbarment.

Dropping of name from roll of attorneys practicing before Pension Office, upon the ground that he attempted to establish a fraudulent pension in his own behalf, was proper. Joseph Rothenbiller (Actg. Sec. Bell), 4 P. D. (o. s.), 180.