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Executive order of August 25, 1892, as amended by Executive Order No. 6885 of October 23, 1934, shall continue in force and effect until amended, modified, or revoked by the Secretary of the Army in action taken pursuant to this order.

§ 19. Tubercular hospital at Fort Bayard.

The hospital at Fort Bayard, New Mexico, for the treatment of tuberculosis, shall be opened to the treatment of the officers and men of the Navy and Marine Corps. (Mar. 2, 1907, ch. 2511, 34 Stat. 1172.)

§ 20. Discipline of patients at Army and Navy Hospital.

All persons admitted to treatment in the Army and Navy General Hospital at Hot Springs, Arkansas, shall, while patients in said hospital, be subject to the rules and articles for the government of the armies of the United States. (Mar. 3, 1909, ch. 252, 35 Stat. 748; July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714; Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049.)

REPEALS

Act July 1, 1944, as amended by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, repealed act Mar. 3, 1919, ch. 98, § 3, 40 State 1303, formerly cited to this section, which transferred lands and buildings from the War Department to the Treasury Department for the use of the Public Health Service.

§ 21. Repealed. June 12, 1948, ch. 450, § 4, 62 Stat. 380. Section, act May 12, 1917, ch. 12, 40 Stat. 58, related to limitation on cost of Army hospital buildings.

§ 21a. Naval Home; maintenance and operation.

The Secretary of the Navy is authorized to provide for the maintenance and operation of the Naval Home, including the transportation, admission, entertainment, support, and care of beneficiaries, hospitalization of beneficiaries in naval hospitals, transportation and subsistence of attendants of beneficiaries where required, and the burial and care of graves of deceased beneficiaries. (Aug. 2, 1946, ch. 756, § 11, 60 Stat. 854.)

§ 22. Disposition of moneys of deceased inmates of Naval Home.

All moneys belonging to a deceased beneficiary of the Naval Home or derived from the sale of his personal effects, not claimed by his legal heirs or next of kin, shall be deposited with the pay officer of the Naval Home, and if any sum so deposited shall be unclaimed for a period of two years from the death of such beneficiary it shall be deposited in the Treasury to the credit of the naval pension fund: Provided, That the governor of the Naval Home is authorized and directed, under such regulations as may be prescribed by the Secretary of the Navy, to make diligent inquiry in every instance after the death of an inmate to ascertain the whereabouts of his heirs or next of kin: Provided further, That claims may be presented at any time within five years after moneys have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration. (June 30, 1914, ch. 130, 38 Stat. 398.)

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 31, Money and Finance.

Personal funds of deceased inmates of Naval Home to be held in trust, see section 725s (a) (5) of Title 31, Money and Finance.

§ 23. Disposition of pension of beneficiary in Naval Home.

The pensions of beneficiaries of the Naval Home shall be disposed of in the same manner as prescribed for inmates of the Soldiers' Home, as provided for in section 52 of this title, under such regulations as the Secretary of the Navy may prescribe, except that in the case of death of any beneficiary leaving no heirs at law nor next of kin any pension due him shall, subject to the foregoing provisions, escheat to the naval pension fund. (June 30, 1914, ch. 130, 38 Stat. 398.)

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 81, Money and Finance.

§ 24. Moneys derived from Naval Home turned into pension fund.

All moneys derived from the sale of material at the Naval Home, which was originally purchased from moneys appropriated from the income from the naval pension fund, and all moneys derived from the rental of Naval Home property, shall be turned into the naval pension fund. (Mar. 4, 1917, ch. 180, 39 Stat. 1175.)

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 31, Money and Finance.

§ 25. Employment of beneficiaries in service of Naval Home.

For the performance of such additional services in and about the Naval Home as may be necessary the Secretary of the Navy is authorized to employ, on the recommendation of the governor, beneficiaries in said home whose compensation shall be fixed by the Secretary and paid from the appropriation for the support of the home. (Aug. 22, 1912, ch. 335, 37 Stat. 334.)

§§ 26-28. Repealed. July 1, 1944, ch. 373, title VII, § 711, 58 Stat. 714, renumbered Aug. 13, 1946, ch, 958, § 5, 60 Stat. 1049.

Section 26, acts Mar. 3, 1919, ch. 98, § 1, 40 Stat. 1302; Aug. 9, 1921, ch. 57, § 7, 42 Stat. 149; July 3, 1930, ch. 863, § 1, 46 Stat. 1016, which provided for additional hospital and sanatorium facilities, is now covered by sections 249, 251, and 253 of Title 42, The Public Health and Welfare, and section 763c of Title 33, Navigation and Navigable Waters.

Section 26a, R. S. § 4803; acts June 26, 1884, ch. 121, § 15, 23 Stat. 57; Mar. 3, 1905, ch. 1484, § 1, 33 Stat. 1217; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309; 1939 Reorg. Plan No. I, §§ 201, 205 (b), eff. July 1, 1939, 4 F. R. 2728, 2729, 53 Stat. 1424, 1425, which provided for the use of certain funds for the relief of sick and disabled seamen, is now covered by section 249 of Title 42, The Public Health and Welfare.

Section 27, act Mar. 3, 1919, ch. 98, § 2, 40 Stat. 1302, which provided for the transfer of hospitals to Treasury Department for the Public Health Service, is now covered by section 248 of Title 42, The Public Health and Welfare. Section 28, acts Mar. 3, 1919, ch. 98, § 3, 40 Stat. 1303; Mar. 4, 1921, ch. 156, 41 Stat. 1365, provided for the trans

fer of property and equipment by Secretary of War to the Treasury Department for use of the Public Health Service.

§§ 29, 29a. Repealed. Oct. 31, 1951, ch. 654, § 1 (45), 65 Stat. 703.

Sections, acts Mar. 15, 1920, ch. 100, §§ 1, 4, 41 Stat. 530, 531; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to transfer of surplus war material for use of Public Health Service, had previously been transferred to sections 44 and 45, respectively, of Title 42, The Public Health and Welfare, and are now covered by sections 483 and 484 of Title 40, Public Buildings, Property, and Works.

§ 30. Payments to donors of blood for persons undergoing treatment at Government expense.

Any person, whether or not in the employ of the United States, who shall furnish blood from his or her veins for transfusion into the veins of a person entitled to and undergoing treatment at Government expense, whether in a Federal hospital or institution or in a civilian hospital or institution, or who shall furnish blood for blood banks or for other scientific and research purposes in connection with the care of any person entitled to treatment at Government expense, shall be entitled to be paid therefor such reasonable sum, not to exceed $50, for each blood withdrawal as may be determined by the head of the department or independent agency concerned, from public funds available to such department or independent agency for medical and hospital supplies: Provided, That no payment shall be made under this authority to any person for blood withdrawn for the benefit of the person from whom it is withdrawn. (Feb. 9, 1927, ch. 91, 44 Stat. 1066; June 2, 1939, ch. 173, 53 Stat. 803; July 30, 1941, ch. 332, 55 Stat. 609.)

AMENDMENTS

1941-Act July 30, 1941, amended section by omitting requirement that donor had to be in the Military Establishment or a Government employee and that patient had to be in a Government hospital to have donor qualify for payment.

§ 31. Care of naval patients in other Government hospitals where naval hospital facilities not available; members of Naval Reserve and Marine Corps Reserve included.

The Secretary of the Navy may provide for the care and treatment of naval patients on the active or retired list and members of the Naval Reserve or Marine Corps Reserve entitled to treatment in naval hospitals in other Government hospitals when appropriate naval hospital facilities are not available and the Government agencies having control of such other hospitals consent thereto. All expenses incident to such care and treatment received by naval patients in other Government hospitals, excepting Saint Elizabeths Hospital, shall be chargeable to the same appropriation or fund as would be chargeable with the care and treatment of such patients in a naval hospital: Provided, That the deductions authorized by sections 6 and 16 of this title, shall apply to such care and treatment in other Government hospitals, except Saint Elizabeths Hospital, and shall be credited to said appropriation or fund. (Jan. 19, 1929, ch. 85, 45 Stat. 1090.)

§ 32. Hospitalization of dependents of naval and Marine Corps personnel; rate of charges; disposition of payments.

The hospitalization of dependents of naval and Marine Corps personnel at any naval hospital shall be at such per diem or other rate as may be prescribed from time to time by the President, and all sums received in payment of such hospital charges shall be deposited to the credit of the appropriation or fund for the maintenance and operation of naval hospitals. (May 10, 1943, ch. 95, § 2, 57 Stat. 80.) APPROPRIATION

Section 1 of act May 10, 1943, provided: "For the purpose of expanding facilities for the hospitalization of dependents of personnel of the Navy and Marine Corps, and others as herein provided, there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $2,000,000."

§ 33. Same; definitions.

The term "dependents" shall include a lawful wife, unmarried dependent child (or children) under twenty-one years of age, and the mother and father of a member of the Navy or Marine Corps if in fact such mother or father is dependent on such member. The term "child (or children)" shall include a natural or adopted child or stepchild. The widows of deceased naval and Marine Corps personnel shall be entitled to hospital care in like manner as dependents. (May 10, 1943, ch. 95, § 3, 57 Stat. 81.) § 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments.

In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hospitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe: Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate non-Federal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 of this title. (May 10, 1943, ch. 95, § 4, 57 Stat. 81.)

§ 35. Limitation of medical, surgical or hospital

services.

Hospitalization of the dependents of naval and Marine Corps personnel and of the persons outside the naval service mentioned in section 34 of this title shall be furnished only for acute medical and surgical conditions, exclusive of nervous, mental, or

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§ 36. Application of sections 32-36 to dependents of personnel of Coast Guard.

During such periods as the Coast Guard may operate as a part of the Navy, the provisions of sections 32-36 of this title shall apply to dependents of personnel of the Coast Guard in like manner and to the same extent as to dependents of personnel of the Navy and Marine Corps. (May 10, 1943, ch. 95, § 6, 57 Stat. 81.)

EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under section 3 of Title 14, Coast Guard, were excepted from the transfer of functions of officers, agencies, and employees of the Department of the Treasury to the Secretary of the Treasury, made by 1950 Reorg. Plan No. 26, § 1, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

§ 37. Manufacture of products by patients at naval hospitals; ownership of products.

The Secretary of the Navy is authorized to furnish materials for the manufacture or production by patients of products incident to the convalescence and rehabilitation of such patients in naval hospitals and other naval medical facilities, and ownership thereof shall be vested in the patients manufacturing or producing such products, except that the ownership of items manufactured or produced specifically for the use of a naval hospital or other naval medical facility shall be vested in the Government and such items shall be accounted for and disposed of accordingly. (Aug. 2, 1946, ch. 756, § 27, 60 Stat. 856.)

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§ 41. Board of commissioners; composition.

The Surgeon General, The Adjutant General, the Quartermaster General, the Chief of Engineers, the Judge Advocate General, the Chief of Finance, and the Governor of the Soldiers' Home shall constitute a board of commissioners for the Soldiers' Home, and the senior in rank of the members thereof shall be the president of said board of commissioners any four of whom shall be a quorum for the transaction of business, whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of the Army for approval; and may do any other acts necessary for the Government and interests of the same, as authorized by this chapter. (R. S. § 4815; Mar. 3, 1883, ch. 130, § 10, 22 Stat. 565; Mar. 4, 1909, ch. 299, § 1, 35 Stat. 1004; May 11, 1926, ch. 285, 44 Stat. 499; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

DERIVATION

Acts Mar. 3, 1851, ch. 25, § 1, 9 Stat, 595; Mar. 3, 1859, ch. 83, § 4, 11 Stat. 434.

REFERENCES IN TEXT

In the original "this chapter" refers to chapter two of Title LIX of the Revised Statutes. Said chapter two was incorporated into the Code as sections 41—44, 45, 49-51, 53, and 54 of this title.

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947. LEASE OF SITES TO THE UNITED STATES FOR CONSTRUCTION OF OFFICE BUILDINGS

Acts Dec. 17, 1941, ch. 591, title III, 55 Stat. 821; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501, provided in part: "The Board of Commissioners of the United States Soldiers' Home is hereby authorized to lease to the United States, for a period of ten years and upon the payment of a rental to be fixed by the Secretary of the Army, a site or sites upon which may be erected some of the buildings herein authorized (general office buildings): Provided further, That all funds received for rental or other use of United States Soldiers' Home property, facilities, or supplies shall be immediately available to the Board of Commissioners thereof for reexpenditure without regard to fiscal year limitations."

§ 42. Report of president.

The president of the board of commissioners shall submit annually to the Secretary of the Army, for transmission to Congress, a full statement of the financial and other affairs of the home for the preceding fiscal year. (Mar. 4, 1909, ch. 299, § 1, 35 Stat. 1004; May 11, 1926, ch. 285, 44 Stat. 499; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

§ 43. Officers.

The officers of the Soldiers' Home shall consist of a governor, a deputy governor, and a secretary, for each separate site of the home, the latter to be

also treasurer; and the officers shall be taken from the Army, and appointed or removed, from time to time, as the interests of the institution may require. The governor and all other officers of the home shall be selected by the President of the United States, and the treasurer of the home shall be required to give a bond in the penal sum of $20,000 for the faithful performance of his duty. (R. S. § 4816; Mar. 3, 1883, ch. 130, § 7, 22 Stat. 565.) DERIVATION

Act Mar. 3, 1851, ch. 25, § 3, 9 Stat. 595.

§ 44. Funds.

For the support of the Soldiers' Home the following funds are set apart and appropriated: All stoppages or fines adjudged against soldiers by sentence of courts martial, over and above any amount that may be due for the reimbursement of Government, or of individuals; all forfeitures on account of desertion; and all moneys belonging to the estates of deceased soldiers, which may be unclaimed for the period of three years subsequent to the death of such soldiers, to be repaid by the commissioners of the institution, upon the demand of the heirs or legal representatives of the deceased. (R. S. § 4818.)

DERIVATION

Acts Mar. 3, 1851, ch. 25, § 7, 9 Stat. 596; July 5, 1862, ch. 133, § 2, 12 Stat. 508.

CROSS REFERENCES

Funds of Soldiers' Home to be held in trust, see section 725s (a) of Title 31, Money and Finance.

§ 44a. Same; deductions from pay of enlisted men and warrant officers.

Beginning with March, 1936, there shall be deducted each month from the pay of each enlisted man and warrant officer on the active list of the Regular Army, exclusive of the Philippine Scouts, a sum not to exceed 25 cents, which sum shall be passed to the credit of the permanent fund, United States Soldiers Home (trust fund) in the Treasury of the United States; the exact sum to be so deducted to be fixed from time to time by the Secretary of the Army, within the limit prescribed above, on the recommendation of the Board of Commissioners of said Home as to the amount required to meet the needs of the Home. (Feb. 13, 1936, ch. 66, 49 Stat. 1137; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947. CROSS REFERENCES

Funds of Soldiers' Home to be held in trust, see section 725s (a) (59) of Title 31, Money and Finance.

§ 45. Donations.

The commissioners are authorized to receive all donations of money or property made by any person for the benefit of the institution, and hold the same for its sole and exclusive use. (R. S. § 4819; June 12, 1906, ch. 3078, 34 Stat. 242; May 11, 1908, ch. 163, 35 Stat. 110.)

DERIVATION Acts Mar. 3, 1851, ch. 25, § 7, 9 Stat. 596; Mar. 3, 1859, ch. 83, § 7, 11 Stat. 434.

SURPLUS PROPERTY

The Civil Functions Appropriation Act, 1949, act June 25, 1948, ch. 655, § 1, 62 Stat. 1023, provided in part: "That any owning or disposal agency is authorized to transfer surplus property, other than real estate, to the United States Soldiers' Home without reimbursement or transfer of funds."

Similar provisions were carried in the War Department Civil Appropriation Act, 1948. act July 31, 1947, ch. 411, § 1, 61 Stat. 691, and in the First Deficiency Appropriation Act, 1946, act Dec. 28, 1945, ch. 589, title I, 59 Stat. 641. CROSS REFERENCES

Funds of Soldiers' Home to be held in trust, see section 725s (a) (59) of Title 31, Money and Finance.

§ 46. Deposit of funds; interest; principal.

All funds of the home not needed for current use, and not on March 3, 1883, invested in United States registered bonds, shall, as soon as received, or as soon as investments of that date can be converted into money without loss, be deposited in the Treasury of the United States to the credit of the home, as a permanent fund, and shall draw interest at the rate of 3 per centum per annum, which shall be paid quarterly to the treasurer of the home; and the proceeds of such registered bonds, as they are paid, shall be deposited in like manner. No part of the principal sum so deposited shall be withdrawn for use except upon a resolution of the board of commissioners stating the necessity and approved by the Secretary of the Army. (Mar. 3, 1883, ch. 130, § 8, 22 Stat. 565; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947, CROSS REFERENCES

Custody of funds of Soldiers' Home, see section 47 of this title.

Funds of Soldiers' Home to be held in trust, see section 725s (a) (59) of Title 31, Money and Finance.

§ 46a. Deposit of interest on funds; when expendable. Effective July 1, 1935, interest earned pursuant to law on funds of the United States Soldiers' Home deposited in the Treasury of the United States shall be credited to the trust fund "Soldiers' Home, Permanent Fund", and shall not be expendable except in consequence of an appropriation made by Congress. (Apr. 9, 1935, ch. 54, title II, § 1, 49 Stat. 147.)

CROSS REFERENCES

Funds of Soldiers' Home to be held in trust, see section 725s (a) (59) of Title 31, Money and Finance.

§ 46b. Laws governing administration of funds appropriated from Permanent Fund.

Notwithstanding any other provisions of law, the administration, control, procurement, expenditure, accounting, audit, and methods thereof, of funds appropriated from the Soldiers' Home Permanent Fund (trust fund) shall be according to the laws governing and in effect prior to July 1, 1935, relating specifically to the United States Soldiers' Home,

§ 50. Persons excluded.

and in accordance with procedure followed prior to such date. (July 19, 1937, ch. 511, § 1, 50 Stat. 519.)

CROSS REFERENCES

Funds of Soldiers' Home to be held in trust, see section 725s (a) (59) of Title 31, Money and Finance.

§ 47. Custodian of funds; transfer of funds for outdoor relief.

The Treasurer of the United States is authorized and directed to receive and keep on deposit, subject to the checks or drafts of the treasurer of the Soldiers' Home in the District of Columbia, all funds which may be furnished the said treasurer of the Soldiers' Home or in any manner come into his possession for use in defraying the current expenses of maintaining the said Soldiers' Home, and, upon the request of said treasurer of the Soldiers' Home, there shall be transferred, from funds to his credit with the United States Treasurer, and placed to his credit with the designated depository of the United States in New York City, New York, such sums as he may require monthly or quarterly for payments on account of "outdoor relief" to members of said Sol(Jan. diers' Home residing at a distance therefrom. 16, 1891, ch. 74, 26 Stat. 718; May 29, 1920, ch. 214, § 1, 41 Stat. 655.)

CROSS REFERENCES

Deposit of funds of Soldiers' Home, see section 46 of this title.

§ 48. Borrowing money on credit of home.

No officers of the home shall borrow any money on the credit of the home for any purpose, nor shall any pledge of any of its property or securities for any purpose be valid. (Mar. 3, 1883, ch. 130, § 9, 22 Stat. 565.)

§ 49. Persons entitled to membership in and benefits of home.

The following persons shall be members of the Soldiers' Home, and entitled to the rights and benefits conferred, in this chapter and no others:

First. Every soldier of the Army of the United States who has served, or may serve, honestly and faithfully twenty years in the same.

Second. Every soldier and every discharged soldier, whether regular or volunteer, who has suffered, or may suffer, by reason of disease or wounds incurred in the service and in the line of his duty, rendering him incapable of further military service, if such disability was not occasioned by his own misconduct.

Third. The invalid and disabled soldiers, whether regulars or volunteers, of all wars. (R. S. §§ 4814, 4821.)

DERIVATION

R. S. § 4814 from act Mar. 3, 1851, ch. 25, § 1, 9 Stat. 595; act Mar. 3, 1859, ch. 83, §§ 5, 7, 11 Stat. 434.

R. S. 4821, from act Mar. 3, 1851, ch. 25, § 4, 9 Stat. 596; act Mar. 3, 1859, ch. 83, § 5, 11 Stat. 434.

REFERENCES IN TEXT

In the original "this chapter" refers to chapter two of Title LIX of the Revised Statutes. Said chapter two was incorporated into the Code as sections 41-44, 45, 49-51, 53, and 54 of this title.

The benefits of the Soldiers' Home shall not be extended to any soldier, in the regular or volunteer service, convicted of felony or other disgraceful or infamous crimes of a civil nature after his admission into the service of the United States; nor shall any one who has been a deserter, mutineer, or habitual drunkard be received, without such evidence of subsequent service, good conduct, and reformation of character as is satisfactory to the commissioners. (R. S. § 4822.)

DERIVATION

Act. Mar. 3, 1851, ch. 25, § 6, 9 Stat. 596.

§ 51. Rights of pensioners and surrender of pensions. The fact that one to whom a pension has been granted for wounds or disability received in the military service has not contributed to the funds of the Soldiers' Home shall not preclude him from admission thereto. But all such pensioners shall surrender their pensions to the Soldiers' Home during the time they remain therein and voluntarily receive its benefits. (R. S. § 4820.)

DERIVATION

Acts Mar. 3, 1851, ch. 25, § 5, 9 Stat. 596; Mar. 3, 1859, ch. 83, § 6, 11 Stat. 434.

§ 52. Allotment of pensions.

Any inmate of the home who is receiving a pension from the Government, and who has a child, wife, or parent living, shall be entitled, by filing with the Veterans' Administration a written direction to that effect, to have his pension, or any part of it, paid to such child, wife, or parent. The pensions of all inmates of the home, except such as shall be assigned as aforesaid, shall be paid to the treasurer of the home. The money thus derived shall not become a part of the funds of the home, but shall be held by the treasurer in trust for the pensioner to whom it would otherwise have been paid, and such part of it as shall not sooner have been paid to him shall be paid to him on his discharge from the institution. The board of commissioners may from time to time pay over to any inmate such part of his pension money as they think best for his interest and consistent with the discipline and good order of the home, but such pensioner shall not be entitled to demand or have the same so long as he remains an inmate of the home. In case of the death of any pensioner, any pension money due him and remaining in the hands of the treasurer shall be paid to his legal heirs, if demand is made within three years; otherwise the same shall escheat to the home. (Mar. 3, 1883, ch. 130, § 4, 22 Stat. 564; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 3, 1930, ch. 863, § 1, 46 Stat. 1016.)

§ 53. Discharge.

Any soldier admitted into the Soldiers' Home for disability who recovers his health, so as to become fit again for military service, if under fifty years of age, shall be discharged. (R. S. § 4823.) DERIVATION

Act Mar. 3, 1851, ch. 25, § 5, 9 Stat. 596.

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