25. Succession of title-Continued.

The legal representatives of a deceased claimant for bountyland warrant may prosecute, for the benefit of the claimant's heirs or legatees, his claim for such warrant pending on appeal at the time of his death. Matilda Kerren (Asst. Sec. Reynold's), 7 P. D., 443.

Title to bounty land of a soldier dying intestate reverts, after the death of the widow, to the heirs at law of the soldier, and not to those of the widow, except there were none in the paternal line. Atty. Gen. Taney, 2 Op., 579.

The word "claimant" as used in section 2444, Revised Statutes, includes the persons embraced within the provisions of sections 2426, 2427, and 2428, Revised Statutes, and on the death of such persons, when proof is filed during their lifetime establishing, to the satisfaction of the Pension Bureau, their right to a land warrant, the title thereto vests in the claimant's widow, if there be one, and if there be no widow, then in the heirs or legatees of the claimant. Margaret E. Ross (Asst. Sec. Reynolds), 7 P. D., 395.

Title to a bounty-land warrant, granted in the name of the soldier, after his death vests, under section 2418, Revised Statutes, in his surviving widow, whose subsequent sale and assignment, for value received, of her interest in such warrant forecloses all her rights to a bounty-land warrant on account of the services of her deceased husband. Widow of Samuel Lambert (Asst. Sec. Bussey), 4 P. D., 36.

26. Widows, remarriage of.

Under act of September 28, 1850, a second marriage deprives a widow of title, unless she was a widow at the dates of the passage of the act and of filing her application, and if she be married or dead the minor children are entitled. Communica tion to R. H. Stanton (Actg. Sec. Graham), 2 L. B. P., 7; also, Sec. Stuart, ibid.

Under section 2424, Revised Statutes, a soldier's widow who has remarried and has a husband living has no status as claimant for a bounty-land warrant. Widow of Samuel Lambert

(Asst. Sec. Bussey), 4 P. D., 36.

(a) Issue of warrant to alleged widow while husband is living.

Issuance of a bounty-land warrant to a widow, under the belief that her husband was dead, can not be regarded as a satisfaction of his claim should it be shown that he is alive. Henry Gifford (Actg. Sec. Cowen), 2 P. D. (0. s.), 482.

See also DESERTION; FRAUD AND MISTAKE; MEXICAN WAR; SERVICE.

BROTHERS AND SISTERS.

See BOUNTY LAND; DEPENDENT RELATIVES;
BLOOD.

BURDEN OF PROOF.

HALF

See ADULTEROUS COHABITATION; BOUNTY LAND (Service-Generally); EVIDENCE.

See SERVICE.

CADETS.

CALLS.

See ATTORNEY SHIP.

CANCELLATION.

See BOUNTY LAND; CERTIFICATES.

CAPTAIN'S CLERK.

See COMMENCEMENT; SERVICE.

CASUALTY.

See EVIDENCE (Records).

CAVEAT.

See BOUNTY LAND (Duplicate Warrants).

CERTIFICATES.

1. Of examination must specify rate.

2. Of biennial examination is subject to revision by Commissioner.

3. Of disability (for discharge)-definition.

4. Of pension-alteration.

(1) Of examination must specify rate.

A certificate of medical examination executed subsequent to the act of March 2, 1895, which fails to specifically state the rating which, in the judgment of the examining surgeons, the applicant is entitled to, is fatally defective. Alonzo Roberts (Asst. Sec. Reynolds), 8. P. D., 83.

The rejection of a claim for invalid pension on a certificate of medical examination which failed to state the rate of pension the board of surgeons believed him entitled to, as required by the act of March 2, 1895, is error. Charles M. Campbell (Asst. Sec. Reynolds), 8 P. D.,

(2) Of biennial examination—Commissioner may revise.

A certificate of biennial examination, under section 4771, Revised Statutes, is subject to revision by the Commissioner of Pensions. Vincent Harrison (Sec. Schurz), 5 P. D. (0. 8.), 253.

(3) Of disability (for discharge)—definition.

A certificate of disability is the expert medical official regis tration of an existing fact required by law to be recorded, made in compliance with law and in the line of duty. Citing par. 245, 246, and 247 United States Army Regulations (1881), pp. 30-31; 1 Greenleaf on Evidence, par. 493. Henry Halstead (Asst. Sec. Hawkins), 2 P. D., 221; Albert T. Chapin, ibid., 254.

(4) Of pension—alteration.

The words "biennial examination not required" having been indorsed by the Pension Office on the pension certificate after such certificate had been signed and sealed by the Department, it was held that such indorsement was wholly unauthorized and the certificate should be canceled and a new one issued. Ward B. Burnett (Sec. Cox), 7 L. B. P., 127.

See also (as to certificates of examination) ATTORNEYS; COPIES OF PAPERS; EVIDENCE; EXAMINATIONS; MEDICAL REFEREE; (as to certificate of disability for discharge) COPIES OF PAPERS; EVIDENCE; (as to discharge certificate) DISCHARGE; WITHDRAWAL OF PAPERS; (as to pension certificate) FRAUD AND MISTAKE; RESTORATION; SOLDIER'S HOME; (as to certificate of character, etc.) ATTORNEYS; DECLARATIONS.

See BOUNTY LAND; CONSTRUCTION OF LAWS; INDIANS.

CITIZENSHIP.

1. Loss of, forfeits pension under act of February 14, 1871.

2. Under act of July 27, 1892, must be alleged and proved.

1. Loss of, forfeits pension under act of February 14, 1871. Loss of citizenship forfeits pension under act of February 14, 1871. Joshua Webster (Sec. Delano), 2 P. D. (o. s.), 173.

2. Under act of July 27, 1892, must be alleged and proved. Under the act of July 27, 1892, claimant must allege and prove his citizenship. J. B. Courson (Asst. Sec. Bussey), 6 P. D., 189.

See also ATTORNEYS; DECLARATIONS.

Compensation of, in investigation of fraud.

No clerk in the Pension Office, detailed for investigation of attempts at fraud, will be allowed the additional compensation provided for by section 4744, Revised Statutes, except during the time actually and necessarily employed by him in the proper discharge of such duty; and no such additional compensation will be allowed to any such clerk employed at the seat of Government for any services rendered within the Pension Office in connection with the investigation or examination of such attempted fraud. Instructions (Actg. Sec. Cowen), 3 P. D. (0. s.), 47.

See also (as to captain's clerk) COMMENCEMENT (Special Act); SERVICE.

COAST SURVEY STEAMERS.

See WAR VESSELS.

COHABITATION.

See ADULTEROUS COHABITATION; MARRIAGE; REMAR

RIAGE.

COLORED PERSONS.

See ATTORNEYS; BOUNTY LAND; DEPENDENT RELATIVES; MARRIAGE; MINORS.

COMMENCEMENT.

1. Ante-rebellion pension.

2. Rebellion and post-rebellion pension.

3. When declaration is defective.

4. When declaration is lost.

5. Pension under act of June 27, 1890, generally.

6. Navy pensions-act of March 2, 1867.

7. Increase generally.

(a) On account of specific disabilities.

(b) On account of nonspecific disabilities.
(c) On account of minors.

(d) Under act of June 27, 1890.

8. Under act of March 3, 1891 (Powell's Battalion).

9. Special act pension.

10. New disability pension.

11. Reduction.

12. Dependent father's pension.

13. Widow's pension.

14. Minor's pension.

1. Ante-rebellion pension.

Col. R. M. Johnson's pension is (under the operation of the second section of the act of May 15, 1820, chap. 109) to commence from the time of the certifying of the testimony. Testimony is never complete until it comes fully authenticated. Atty. Gen. Wirt, 5 Op., 750.

Under section 4713, Revised Statutes, pension in this case was properly commenced from the date of filing the last paper requisite in establishing the claim, the disability having been incurred in 1846, in service from which claimant was discharged in 1847; and the claim being filed in 1880. Josiah W. Clark (Sec. Teller), 9 P. D. (0. s.), 462.

Where pension is allowed on account of a disability originating in service prior to March 4, 1861, it can not commence from date of filing declaration, but, under section 4713, Revised Statutes, must commence, if declaration was filed three or more years after the soldier's discharge, from the date of filing the last paper requisite to establish the claim. Burton Randolph (Asst. Sec. Hawkins), 2 P. D., 335.

Where the cause of disability originated in the service prior to March 4, 1861, and claim for pension is not filed within three years from date of discharge, under provisions of section 4713, Revised Statutes, the pension must begin at the date of filing the last evidence necessary to establish the claim. Isaac S. Warmoth (Asst. Sec. Bussey), 3 P. D., 324.