« ForrigeFortsett »
6 June 1866.
14 Stat. 230.
Provost-mar. shals and en
Children's pensions increased.
Act of 1862 to extend to all cases.
the United States, and in the line of duty, shall be entitled to receive the pensions, bounty and back pay provided by law, without other evidence of marriage than proof, satisfactory to the commissioner of pensions, that the parties had habitually recognised each other as man and wife, and lived together as such; and the children born of any marriage so proved shall be deemed and taken to be the children of the soldier or sailor party
thereto. 25 July 1866 & 1. 41. The provisions of the pension laws are hereby extended to and made to include
provost-marshals, deputy-provost-marshals and enrolling officers, who have been killed
or wounded in the discharge of their duties; and for the purpose of determining the rolling officers. amount of pension to which such persons and their dependants shall be entitled, pro
vost-marshals shall be ranked as captains, deputy-provost-marshals as first lieuten
ants, and enrolling officers as second lieutenants. Ibid. & 2.
42. That the pensions to widows of deceased soldiers and sailors, having children by such deceased soldiers or sailors, be increased at the rate of two dollars per month for each child of such soldier or sailor under the age of sixteen years. And in all cases in which there shall be more than one child of any deceased soldier or sailor, leaving no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of section eleven of an act entitled “ An act supplementary to the several acts relating to pensions," approved June 6th 1866, the pension granted to such children under sixteen years of age by existing laws, shall be increased to the same amount per month that would be allowed, under the foregoing provisions, to the widow, if living and entitled to a pension : Provided. That in no case shall more than
one pension be allowed to the same person. Ibid. & 3. 43. The provisions of an act entitled “ An act to grant pensions," approved July
14, 1862, and of the acts supplementary thereto and amendatory thereof, are hereby, 80 far as applicable, extended to the pensions under previous laws, except revolutionary
pensioners.(a) Ibid. 24. 44. If any person during the pendency of his application for an invalid pension, Right to accrued and after the completion of the proof showing his right thereto, has died, or shall pension, in case hereafter die, but not in either case by reason of a wound received, or disease contracted of death; pending in the service of the United States and in the line of duty, his widow, or if he left no
widow, or in the event of her death or marriage, his relatives in the same order in which they would have received a pension, if they had been thereunto entitled under existing laws, on account of the services and death in the line of duty of such person, shall have the right to demand and receive the accrued pension to which he would have been entitled, had the certificate issued before his death. And in all cases where such person so entitled to an invalid pension has died, or shall hereafter die, under circumstances herein before mentioned, whether by reason of a wound received or disease contracted in the service of the United States, and in the line of duty or otherwise, without leaving a widow or such relatives, then such accrued pension shall be paid to the executor or administrator of such person, in like manner and effect as if such pension were so much assets belonging to the estate of the deceased at the time
of his death. Ibid. 25. 45. The repeal, by the act entitled “An act supplementary to the several acts
relating to pensions," approved June 6th 1866, of parts of certain acts mentioned in to affect existing the first section of said act, shall not work a forfeiture of any rights accrued under or rights.
granted by such parts of such acts so repealed ; but such rights shall be recognised and allowed, in the same manner and to all intents and purposes, as if said act had never passed, except that the invalid pensioner shall be entitled to draw, from and after the taking effect of said act, the increased pension thereby granted, in lieu of that
granted by such parts of such acts so repealed. Ibid. 4 6. 46. Nothing in the fourth section of an act entitled “ An act supplementary to the Act of 1865 not
several acts relating to pensions," approved March 3d 1865,(6) or in any other suppleto affect pending mentary or amendatory act relating to pensions, shall be so construed as to impair
the right of a widow, whose claim for a pension was pending at the date of her remarriage, to the pension to which she would otherwise be entitled, had her deceased
husband left no minor child or children under the age of sixteen years. 15 June 1866 2. 47. In determining who is or was the wife, widow or heirs of any colored soldier,
evidence that he and the woman claimed to be his wife or widow were joined in marEvidence of mar- riage by some ceremony deemed by them obligatory, followed by their living together
as husband and wife up to the time of enlistment, shall be deemed suficient proof of such marriage, for the purpose of securing any arrears of pay, pension or other allor. ances due
any colored soldier at the time of his death : and the children born of any such marriage shall be held and taken to be the lawful children and heirs of such soldier. (a) See infra 54.
(b) Supra 30.
Act of 1866 not
14 Stat. 359.
riage of colored persons.
15 Stat. 235.
of sixteen years,
48. The laws granting pensions to the hereinafter-mentioned dependent relatives of 27 July 1868 & 1. deceased persons leaving neither widow or child entitled to pensions under existing laws, shall be so construed as to give precedence to such relatives in the following order, denet among relnamely: I. mothers; II. fathers; III. orphan brothers and sisters under sixteen years atives. of age, who shall be pensioned jointly if there be more than one: Provided, That if, in any case, the said persons shall have left both father and mother who were dependent upon them, then on the death of the mother the father shall become entitled to a pension commencing from and after the death of the mother; and upon the death of the mother and father the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age respectively, commencing from and after the death of the party who, preceding them, would have been entitled to the same: And provided further, That no pension heretofore awarded shall be affected by anything herein contained.
49. No person shall be entitled to a pension by reason of wounds received, or disease Ibid. & 2. contracted, in the service of the United States, subsequently to the passage of this act, No pension to bo unless the person who was wounded or contracted disease was in the line of duty; and, granited Finder if in the military service, was at the time actually in the field, or on the march, or at curred in the line some post, fort or garrison; or if in the naval service was at the time borne on the of duty. books of some ship, or other vessel of the United States, at sea or in harbor, actually in commission, or was on his way, by direction of competent authority, to the United States, or to some other vessel or naval station,
50. If any officer, soldier, seaman or enlisted man has died since the fourth day of Ibid. 24. March 1861, or shall hereafter die, leaving a widow entitled to a pension, and a child Rights of childor children under sixteen years of age by a former wife, each of said children shall be ren by former entitled to receive two dollars per month, to commence from the death of their father and continue until they severally attain the age of sixteen years, to be paid to the guardian of such child or children for their use and benefit: Provided, however, That in all cases where such widow is charged with the care, custody, and maintenance of such child or children, the said sum of two dollars per month for each of said children shall be paid to her for and during the time she is, or may have been, so charged with the care, custody and maintenance of such child or children, subject to the same conditions, provisions and limitations as if they were her own children by her said deceased husband.
51. In all cases where an increased pension has been or may hereafter be granted to Ibid. 5. any widow or guardian of the children under sixteen years of age of a deceased soldier
Increased pen. or sailor under an act entitled “An act increasing the pensions of widows, and for sion to be paid other purposes," approved July 25th 1866, (a) or any subsequent act, such widow or be inmates of the guardian of such children, shall not be deprived of such increase by reason of any cutivus. child or children of such deceased soldier or sailor being the inmate of any home, orphans' asylum, or other public or private charitable institution organized for the care and education of soldiers' orphans under the laws of any of the states, or in any school or institution where such orphan may in whole or in part be maintained or educated at the expense of a state, or of the public. 52. The remarriage of any widow or dependent mother, otherwise entitled to a pen
Ibid. 2 10. sion prior to the application therefor, or to the issue of a pension certificate to her, Effect of widow's shall not debar her right to a pension for the period elapsing from the death of her hus- remarriage. band or son, on account of whose services and death she may claim a pension, to her remarriage: Provided, however, That nothing in this section shall be construed to repeal or modify the fourth section of an act entitled, “ An act supplementary to the several acts granting pensions,” approved March 3d 1865.
53. Section one of an act entitled "An act supplementary to the several acts relating Ibid. & 12. to pensions,'' approved June 6, 1866,(b) shall be so construed as to secure to every construction of person entitled by law before the passage of said act to a less pension than twenty-five act of 1566. dollars per month, who while in the military or naval service and in the line of duty, or in consequence of wounds received or disease contracted therein, having only one eye, shall have lost the same, a pension of twenty-five dollars per month.
54. The third section of an act entitled “ An act increasing the pensions of widows Ibid. & 13. and orphans, and for other purposes," approved July 25th 1866,(c) shall be so con
All pensioners to strued as to place all pensioners whose right thereto accrued subsequently to the war be on the same
fouting. of the revolution, and prior to the fourth day of March 1861, on the same footing, as to rate of pension, from and after the passage of said act, as those who have been pensioned under acts passed since said fourth day of March 1861. (a) Supra 42. (b) Supra 31.
(c) Supra 43.
11 Stat. 309.
sions to continue
or marriage of widow to be
12 Stat. 337.
12 Stat. 6:29.
III. GENERAL PROVISIONS. 3 June 1858 1. 55. That all those surviving widows and minor children who have been or may be
granted and allowed five years' half-pay, under the provisions of any law or laws of the Widows' pen.
United States, be and they are hereby granted a continuance of such half-pay, under during life. the following terms and limitations, viz.: to such widows during life, and to such child
or children, where there is no widow, whilst under the age of sixteen years; to commence 16 years of age.
from the expiration of the half-pay provided for by the first section of the act entitled
“An act to continue half-pay to certain widows and orphans," approved February 3d In case of death 1853: (a) Provided, however, That in case of the marriage or death of any such widow,
the half-pay shall go to the child or children of the deceased officer or soldier, whilst paid to children. under the age of sixteen years ; and, in like manner, the child or children of such deceased
officer or soldier, when there is no widow, shall be paid no longer than while there are Rate of pensions, children or a child under the age aforesaid : And provided further, That the half-pay of
such widows and orphans shall be half the monthly pay of the officers, non-commissioned officers, musicians and privates of the infantry of the regular army of the United States, and no more, and that no greater sum shall be allowed to any such widow or minor children than the half-pay of a lieutenant-colonel : And provided also, That this act shall not be construed to apply to or embrace the case of any person or persons now receiving a pension for life ; and further, that wherever half-pay shall have been granted by any special act of congress, and is renewed or continued under the provi
sions of this act, the same shall coinmence from the date hereof. Ibid. & 2.
56. The provisions (pensions] renewed and continued by this act shall be payable low payable.
out of any money in the treasury not otherwise appropriated. 4 Feb. 1862 1. 57. That the secretary of the interior be and he is hereby authorized and directed to
strike from the pension rolls, the names of all such persons as have or may hereafter Names of disloyal take up arms against the government of the United States, or who have in any manner stricken from the encouraged the rebels or manifested a sympathy with their cause. pension rolls.
58. Agents for paying pensions shall receive two per centum on all disbursements 17 July 1862 & 1.
made by them to pensioners of the United States: Provided, That the aggregate com
pensation to any one agent, paying both army and navy pensions, shall not exceed two Compensation of pension agents.
thousand dollars per annum. 30 June 1864 1. 59. There shall be paid, over and above the compensation now allowed by law, to
every pension agent disbursing fifty thousand dollars annually, not exceeding five hunCompensation of dred dollars per annum, for clerk-hire, rent of office and office expenses; and to every pension agents
agent disbursing one hundred thousand dollars annually, not exceeding seven hundred and fifty dollars per annum; and for every fifty thousand dollars additional, not exceeding two hundred and fifty dollars per annum, for the purposes aforesaid : Provided, That in no case shall the amount of compensation to any one agent exceed the
sum of four thousand dollars. 6 June 1866 2 2. 60. Any pledge, mortgage, sale, assignment or transfer of any right, claim or interest
in any pension which has been, or may hereafter be granted, shall be void and of no be assignavle.
effect; and any person acting as attorney to receive and receipt for money for and in be
half of any person entitled to a pension shall, before receiving said money, take and Oath of attorney. subscribe an oath, to be filed with the pension agent, and by him to be transmitted,
with the vouchers now required by law, to the proper accounting officer of the treasury, that he has no interest in said money by any pledge, mortgage, sale, assignment or transfer, and that he does not know or believe that the same has been so disposed of to any person : and any person who shall falsely take the said oath shall be guilty
of perjury, and on conviction, shall be liable to the pains and penalties of perjury. Ibid. & 3. 61. Any person who shall present or cause to be presented, at any pension agency, Penalty for pre- any power of attorney, or other paper required as a voucher in drawing a pension, senting fraudu
which paper shall bear a date subsequent to that on which it was actually signed or lent power of at. torney. executed, such person so offending shall be deemed guilty of a high misdemeanor, and
shall, on conviction thereof, be punished by a fine not exceeding five hundred dollars, or by imprisonment for a term not exceeding three years, or by both, at the discretion of the court before whom such conviction shall be had. And no sum of money due, or to become due, to any pensioner, under the laws aforesaid, shall le liable to attachment,(6) levy or seizure, by or under any legal or equitable process whatever, whether the same remains with the pension office, or any officer or agent thereof, or is in course
of transmission to the pensioner entitled thereto; but shall enure wholly to the beneIbid. & 4.
fit of such pensioner.
62. No claiin agent or other person shall hereafter charge or receive more than Peeg of pension
13 Stat. 325.
14 Stat. 56.
Pensions not to
Pensions not to be liable to at tachment.
twenty-five cents for preparing the papers necessary to enable a pensioner to receive a (a) 1 vol. 718, pl. 69; 719, pl. 76.
hands of the pensioner's agent, to whom it has been paid at his (b) This dues not prevent an attarhment of the pension, in the request. Kellogg r. Waite, 12 Allen 5:29.
6 June 1866.
15 Stat. 235.
semi-annual payment of his pension, nor shall any pension agent charge or receive more than fifteen cents for administering an oath to a pensioner, or his attorney in fact, under a penalty of five dollars in each case.
63. So much of the acts approved April 6th 1838, and August 23d 1842, as requires 27 July 1868 2 3. that pensions remaining unclaimed for fourteen months after the same bave become due, shall be adjusted at the office of the third auditor, is hereby repealed; and the failure Failure to claim of any pensioner to claim his or her pension for a period of three years after the same tion of terminnshall have become due, shall be deemed presumptive evidence that such pension has tion of pension. legally terminated, by reason of the pensioner's death, remarriage, recovery from disability or otherwise, and the pensioner's name shall be stricken from the rolls, subject to the right of restoration to the same, on a new application, with evidence satisfactorily accounting for the failure to claim such pension.
64. All pensions which have been granted in consequence of death occurring, or dis- Ibid. & 6. ease contracted, or wounds received, since the fourth day of March 1861, or may here- When certuin after be granted, shall commence from the discharge, or from the death of the person on pensions to comwhose account the pension has been, or shall hereafter be granted : Provided, That the application for such pension has been or shall hereafter be filed with the commissioner of pensions, within five years after the right thereto shall have accrued; except that applications by or in behalf of insane persons, and children under sixteen years of age, may be filed after the expiration of the said five years, if previously thereto they were without guardians or other proper legal representatives.
65. In all cases pensions heretofore or hereafter granted by special acts of congress, Ibid. & 15. shall be subject to be varied in amount, according to the provisions and limitations of the pension laws.
I. POST OFFICE DEPARTMENT. 1. Pay of special agents. 2. Messenger to assistant postmaster-general. 3. Limitation acts not to apply to states in rebellion. 4. Who may administer oaths. 5. What postmasters to be appointed by the postmaster-general.
6. Oaths of office. All persons employed to be subject to the post office laws, whether sworn or not.
7. Pay of special agents in the Pacific states, &c. Additional special agents.
8. Travelling expenses of special agents.
II. ANNUAL REPORTS TO CONGRESS. 20. Report of miscellaneous payments.
III. ACCOUNTS OF THE POST OFFICE. 21. Annual estimates.
IV. MAILS AND POST ROUTES. 22. Great southern mail to be expedited.
23. Maps, engravings, books, papers, &c., to be mailable matters. Rates of postage.
24. Cards, blanks, seeds and cuttings.
25. When mail routes may be discontinued by the postmastergeneral,
26. Penalty for setting up unauthorized post routes in cities.
33. Obscene publications not to be admitted into the mails. Penalty for depositing such publications.
34 Negroes may be employed in carrying the mails.
V. MAILS TO THE PACIFIC.
VI. FOREIGN MAILS. 39. Foreign mail contracts, time and rates. 40. Postmaster-general may contract for carrying mails by sea. 41. How foreign mails to be carried. 42. Preference of American vessels abolished. 43. American vessels to receive mails on board. Compensation.
44. Masters to make returns on oath. Penalty for neglect.
47. Agents to be appointed on mail steamers.
VII. MAIL CONTRACTS.
VIII. POST OFFICES. 53. Disposition of quarterly returns. 54. Allowance for documents, at Washington. 55. No extra compensation for delivery of free letters, &c. 56. Branch offices may be established in cities. 57. Repealing section. 58. Postmasters' accounts. 59. Extra compensation. 60. Quarterly returns. Form of statement. 61. Salaries of postmasters. 62. Adjustment of salaries. 63. When salaries to commence. 64. Salaries at new offices. 65. Allowance for office-rent, &c. 66. Distributing and separating offices. 67. Postages and box-rents, &c. 68. Penalty for setting up unauthorized post office. 69. Additional allowances for stationery, dc.
IX. FRANKING PRIVILEGE.
X. RATES AND PAYMENT OF POSTAGE.
87. What to be charged with letter postage. Manuscripts and proofs. Address and subscription bills.
88. Non-enumerated matter to pay letter postage.
91. Transmission of soldiers' letters. Letters not prepaid by accident.
91. Return of letters to writers.
02. Rate on returned dead letters.
124. When unclaimed letters to be sent to the dead-letter office, 93. Forwarding of letters.
125. Disposition of money found in unclaimed letters. 94. Ship letters, &c.
126. Dead letters to be returned. 91. Registration of letters.
127. Additional clerks to be employed. 46. Single rate for printed matter.
128. Postmaster.general to make regulations as to unclaimed 97. Transient matter.
letters. Publication. Compensation. 98. Newspapers and periodicals.
129. Disposition of unclaimed printed matter. 99. Periodicals issued less than weekly.
130. Foreign unclaimed le ters, 100, Subscription bilis may be enclosed.
131. Dead letters with valuable enclosures, how disposed of. 101. Delivery by route agents.
132. What letters to be sent to dead-letter office. 102. Wrappers.
1:33. Compensation for advertising unclaimed letters. 103, l'ostimasters may remove wrappers.
131. Prepaid letters to be returned, without request. 104. Affidavit of publishers. Penalty for sending to others than Ibscribers
XIV. POSTAL MONEY ORDERS. 103. Exchanges.
135. Money-order offices to be established. Postal money orders lon. Rates of foreign postage.
to be issued. Notice to drawoe. Penalty for issuing order with107. Prepaid and free letters to be forwarded, on request. out receiving money. 10%. Weekly papers to subscribers in the county, to be free of 134. Fornis to be prepared. Applications to be filed. stage.
137. Amounts regulated. Fees. XI. POSTAGE STAMPS.
138. When orders may be changed. Repayments. 109. Stamped letter sheets to be furnished.
139. Presentation of orders. When duplicate to issue. 110, Penalty to be incurred by second use of a stamp cut from
1-10. Endorsements regulated a stamped letter, &c.
141. Compensation of postmasters. 111. Postage stampe to circnlate as currency for sums under $5.
142. Postmasters to give new bonds. Payments and transfers. 112. Postmaster-general may probibit the carrying of stamped
143. Transfers to pay money orders. letters out of the mails.
111. Accounts to be audited. 113. Sale of postage etamps.
145. Punishment of embezzlement. Evidence. 11t. Contract for postage stamps.
146. Forgery of money orders punished. 115. Sales of postage stamps.
147. Superintendent and clerks.
148. Deposits in national banks, &c. XII. LETTER CARRIERS.
119. Amount increased. 116. Deliveries.
150. To be valid for one year. Duplicates. Oaths. 117. Branch offices and receiving-boxes. Sale of stamps.
151. Fees. Compensation of postmasters. 11. Delivery of printed matter.
152. How duplicates to be issued. 119. Salaries of letter carriers.
153. Foreign postal money orders. 1:20. Payment of expenses.
XV. MISCELLANEOUS PROVISIONS. 121. Delivery of letiers. Postage on drop letters. 1:22. Letter carriers to be uniformed.
154. Relief of postmasters robbed by guerrillas, &c.
155. Extended to other cases. XIII. UNCLAIMED LETTERS.
156. Appropriation of unclaimed money and proceeds of waste 123. Letters endorsed with writer's address, not to be adver- paper. tised, &c.
12 Stat, 38.
12 Stat. 168.
12 Stat. 630.
states in rebellion.
I. POST OFFICE DEPARTMENT. 15 June 1860 2 1. 1. Not more than sixteen hundred dollars per annum shall be allowed to any special
agent of the post office department, as compensation for his services. 27 Feb. 1861 % 5. 2. The joint resolution of congress of 18th August 1856, which provides that there
shall be "
one principal messenger in each of the bureaus of the several executive Messengers to departments, at an annual salary of eight hundred and forty dollars each," shall be wasters-general. understood to embrace within its true scope and meaning the offices of the three assist
ant postmasters-general, entitling each to a messenger at an annual salary of eight
hundred and forty dollars. 11 July 1862 % 1. 3. The time fixed for the limitation of suits against the sureties of postmasters, by the
third section of the act of congress, entitled “An act to reduce into one the several acts Limitation acts establishing and regulating the post office department,” approved March 3d 1825,(a) not to apply to
shall not be considered as running in any state or part thereof, the inhabitants whereof have been, by proclamation of the president, declared in a state of insurrection, during
the time the insurrection shall continue. Ibid. & 2. 4. Any oath required by law to be taken by any contractor, postmaster, clerk or Why may admin- employee of the post office department, in any part of the United States mentioned in
the preceding section, may be taken before any officer, civil or military, holding a commission under the United States; and such officer is hereby authorized to administer and
certify such oath. 3 March 1863 & 1. 5. The postmaster-general shall have power to appoint and commission all postmasters
whose salary or compensation for the preceding fiscal year shall at the time of such What postmas- appointment have been ascertained to be less than one thousand dollars per year; and pointed by the in all other cases the president shall appoint. The person appointed postmaster shall postmaster-geno- reside within the delivery of the office to which he shall be appointed. Ibid. 2 2.
6. The postmaster-general, all postmasters and special agents, and all persons employed in the general post office, or in the care, custody or conveyance of the mail, hereafter appointed or employed, shall, previous to entering upon the duties assigned to them, or the execution of their trusts, and before they shall be entitled to receive any emoluments therefor, in addition to the oath of office prescribed by the act of July 20 1862, respectively take and subscribe the following oath or affirmation before some magistrate, and cause a certificate thereof to be filed in the general post office : "I., A. B., do swear (or afirm, as the case may be) that I will faithfully perform all the duties required of me, and abstain from everything forbidden by the laws in relation to the estat. . lishment of the post office and post roads within the United States ; and that I will honestly and truly account for and pay over any moneys belonging to the said United
12 Stat. 701.
Oaths of office.
(a) I vol. 759, pl. 3.