4 ALBANYIlEQIPTljR.""
orrin.iL.
Lam or the United States.
PASSED AT THS TIIIHI) SESSION OF TUt
niltTY-SKCcNll CONGRESS.
General Nature- So. 80.
AN ACT to prevent cruelty to ani
mal wMh) in transit by railroad or
otln-r mean of trnnportatiou with
in the Unitc'l Stab.
Beit etMSMI bu Ihe S nat' and Hniw nf
RirfHtlnlivsrih t'nit rfSW rf Am r
toiin 0ffrm rf. Tint no railroal
company within tlie I'nltetl State
whose road Rirrn' any part of n line of
road overwhVh cattle. ln pp. wine
or other animal oHmTI Ik- conveyed
from one State to another, or the own
ers or mnters of steam, sailing, or
other veols cnrrylnj or tramportilig
cattle, sheep, sw ine or other animals
from one State to another, shall eon
fine the same in ear. IMts. or vpwels
of any description fur more than
twenty-eight consecutive hour, with
out unloading the same for re-t. water
and feeding, for period of at least
five consecutive hour, mile, prevent
ed from so unloading by storm or
other accidental eane. In estimating
such confinement the time during
which the animals have been confined
without such rest on connecting raid
from which thev are received shall lie
included, it being the intent of this
set to prohibit their continuous con
finement beyond the period nf twenty
eight hours, except npon contingencies
hereinbefore stated. Animals so un
loaded shall be properly fed and wa
tered during such ret by the owner or
person having tlie custody thereof, or
in case of hi default in so doing then
by the railroad company w owner or
masters of boats or vessel tninport
ing the same st tlie exiene of said
owner or peron in custody thereof;
snd said company, owner or masters
shall in snch cases have a lien npon
such animals for foot I. euro and cus
tody furnished, snd shall not be liable
for any detention of such animals au
thorized by this act. Any cmtpmiy.
owner, or custodian of such animal
who shall knowingly ami wilfully fail
to comply with the provisions of this
act shall, for each and every failure to
comply with the provisions of this act,
be liable to and forfeit and pay a pen
alty of not less than one hundred nor
more than five hundred dollars: Pn:
tided, homrer. Tint when animals
shall be carried in car, boat, or
other vessels In which they can am) do
have proper food, water, space, ami
opportunity for rest, the foregoing
provisions hi regard to their being un
loaded shall not apply.
Sec. 8. Thst the penalty created by
the first section of this act shall be re
covered by civil action in the name of
the butted Mates, In the circuit ordis
trict court of die United States, hoklen
within the district where tlie violation
of this act may have been committed.
or the person or wrporation rehles or
carries on its business ; and it shall tie
the duty of all United States marshal,
their deputies and subordinates, to
prosecute all violations of this act
which shall conic to their notice or
knowledge.
Sec. 3. 'that any person or corpo
ration entitled to lien under the first
section of this act may enforce the
same by a petition tiled in tlie district
court of the United States liolden
within the district where the food, care
and custody shall have been furnished,
or the owner or cu tndian of the prop
erty resides ; ami said court shall have
powei to Issue all suitable process for
the enforcement of such lien by sale
or otherwise, and to compel the pay
ment of all costs, penalties, charges,
and expenses of proceedings under
this act.
Sec. 4. That this act shall not go
iatoeftVet Until the first day of Octo
ber, eighteen hundred and seventy -two.
Approved, Ifaroh 1, 1S7S.
(General Mature- No. 81.)
AN ACT to make San Diego. In the
State of California, a port of entry.
Be tenanted bu this Senate and Jtuvute of
R-prerntatnietoJ Ike UnWl Bain of Ami
tea in Ctmgrmem , That t be count its
of Santa Barbara. Los Angeles, San
Bernardo, ami Ban Diego, in the State
of California, are hereby detached
from the eonVction district of San
Francisco ; and all tlie territory, ports.
harbors, rivers, and water of said
counties shall constitute a collection
district by the name of the San Diego
district ; and tlie city of Han Diego, on
the bay or aan Ulego, is hereby estab
lished as the sole port of entry for said
district; and the President of tlie
United States, by and with the advice
and consent of the Senate, shall ap
point a collector, to reside at said port,
whose compensation shall be three
thousand dollars per annum.
Sec 1 That the Secretary of the
Treasury shall have power to appoint
such insdectors, weighers, gangers,
measurers, ami other officers as may
h necessary for the collection of rev
enue at said port ; and the collector of j
said port may. who toe approbation
of said Secretary, appoint Inspectom,
whose compensation shall be one thou
sand dollars each per annum, for each
of the ports nf San Pedro and S inta
Barbara, which shall continue to be
ports of delivery.
Approved, March
Gkkbral Natckk-No.81.)
AN ACT relating to the fractional
part of a barrel containing ferment
ed liquor.
Br it enacted bu th 8 nnt- an I Hmtv nt
J urflvHtatte tfth' Vnit d 8 n't nf Am r
ieu in Cunir iu (iti mb it. Tliat see' ion
eighteen of the act entitled "An act
to reduce dulle on iniort, nnd to re
duce internal taxes and for other pur
loes." approved tune sixth, eighteen
hundred a. l eveiitv-two. be amended
by striking out the proviso to snid sec
tion, and inserting in lieu thereof the
following: -In estimating and com
puting tlie internal tax on all heer.
lager lieer, ale. iorter. and other fer
mented liquor, by whatever name
such liquors may he called, the frac
tional uirts of a barrel snail he halves,
thirds, quarters, sixths, and eighths ;
ami any fractional part ot a barrel
containing less than one-elglith shall
be accounted rne-elglith : more than
one-eiglith. and not more than one
sixth, shall be accounted one-sixth ;
more than one sixth and not more
than one-fourth, shall be accounted
one-fourth : more than one-fourth, and
not more than niie-thinl. shall la- ac
counted one-third ; more than one
third and not more titan one-half, shall
be accounted one-half; more than ihip
half. and not more than one barrel,
shall lie accounted one barrel ; and
more than one barrel, am) not more
than sixty-three gallon, shall lie ac
counted two barrel, or a hogshead.
Approved, Marelt 1. 1873.
General Katun-No. 84.1
AN ACT to authorize tlM continued
employment of an agent and coun
sel of tie) United States.
Br itnuietnt by th- 8-nat- and Hwof
R nrt-nlat'v of 'h Cn'W S'atn f Am r
ien In Qmpr nt am nb it, Thu' it shall lie
lawful for the President of the United
State, in his discretion, to continue
the apHi'tntinent and employment of
prewilt agent and counsel of the Uni
ted States, under articles twelve to
seventeen inclusive, of the treaty be
tween tlie United States and Great
Britain concluded May eighth, eight
een hundred and seveiitv-nne. and for
said agent and counsel to act under
continued appointment and employ
ment, notwithstanding the election of
the said agent ami counsel a a K. pre
sentative in the Forty-third Congress:
I'rorirfah Tliat such appointment and
employment shall not continue after
said agent and counsel shall have taken
the oath ot office as such Representa
tive. Approved, March 1, 1873.
General Nature -No. 02.
AN ACT to revise, consolidate and amend
the laws relating to t tensions.
it inact-d by the S natr and ftwr nf
R prwntathyi of th- UnlUd Sal if Am r
ion in Cimir-n on iW d. That if the abil
ity of any o'flcer of the army, including
regulars, volunteers, ami miiiita, or any
officer In the navy or marine corps, or any
enlisted man. however employed, In the
mill ury or naval service of ihe United
8 ate, or in its marine corps, whether
regularly mustered or not, disabled by
reason of any wound or injnrv received.
or disease contracted, while in the service
ot i lie United stales and in the line ot
duty ; any master serving on a gunboat,
or any pilot, engineer, sai.or, or o; her per
son not regularly mustered, serving uixm
nnygnnboat or'wur vessel of the United
S ates, disabled by any wound or injury
received. or Otherwise incapacitated, white
in the line of duly, for procuring hlssuti
slstence by uiannal labor ; uny person not
an enlisted sotdier in the army, serving
for the time lieingasa mcmis'i-of the mil
itia of any State under orders of an officer
of the l!nlted 8 ales, or who volunteered
for tlie time tieing to serve with any regu
larly organized military or naval tone of
the"Uniie48;ates.or who otherwise volun
teered and rendered service in any engage
ment with Indians, disabled in conse
quence of wounds or Injury received in
the line of duty in such temporary service;
any act ing ass'lstant or coninut surgeon,
disabied by any wound or Injury received
or disease contracted in the line of duty
while actually performing the duties of
assis ant surgeon oracling assistant sur
geon with any military force in the tield
or in transitu or in hospital, or any provost-marshal,
deputy pro osi -marshal, or
enrodlng officer, disabled by reason of any
wound or injury' received in the discharge
of his duly, to procure a subsistence by
manual lauor, lias been since the fourth
day of Ma i:li, eighteen hundred andstxty
one, or sliall hereafter he i numbed by rea
son of such disability, he shall, upon mak
ing due proof of the luct, ueeor ling to
such forms and regit .at ions as are or may
lie provided by and In pursuance of law,
be placed upon tlie list of invalid pension
ers ofthe United States, and be entitled to
receive, for a total disability or a perma
nent specific disability, such pension as is
hereinafter provided in such cases, and for
an interior disability, except in cases of
permanent specific disubl.lty for which
fhe rale of pension Is expressty provided,
an amount proport innate to tliat provided
for total disability, to commence u here
inafter provided, and to continue during
the existence of ihe disability: PrmMil,
That no claim of a s ate militiaman, or
non-enlisted person, on account of dlsu-
Diuty iroui wounus or injury received in
battle with rebels or Indians, while teuv
iKirurily rendering service, shall lie valid
unless prosecuted to a successful issue
prior to the fourth day ol July, eighteen
hundred and seventy-tour : And prwiilt-d
furth r. That no person shall tie em it led to
a pension by reason of wounds or injury
received or disease contracted in the ser
vice of the United States subsequent lo
the seventh day of July, eighteen hundred
and sixty-eight, unless the person who
was wounded or contracted the disease
was in the line of duty ; and, If in the
military service, was at the tiute actually
in the Held, or on the march, or at some
post, fort, or garrison, or en route by di
rection of competent authority to some
post, fort or garrison ; or, if in tlie naval
service, was at the time bonieon the books
ot some snip or outer vessel ot the United
states, at sea or in harbor, actually in com
mission, or was at some naval station, or
on his way, by direc ion of competent au
thority, to tlie United States, or to some
other vessel, or naval slat Ion. or hospital.
See. 2. That the pension lor total disa
bility shall lie ns follows, namely: Kor
lieuletiuiit-ixiloiieliind all officers of higher
rank in the military service and in the
marine corps, and for captain, and all offi
cer of bigbsr rank, commander, surgeon,
rajwaMer, and chief engineer, resptet
ively ranking whit commander by Inw,
lieu eraiit coiiimnndim: and ntiwerioin
manding, in the naval service, tliir v dol
btisiwr month: formaorln thcmi.l'nrv
service nit I In the marine corns, and lieu-te'-ant,
surgeon, raytnas'er, and ( htef en
Rtnaer, rcsTMH;tive.j ranking with lien en
nnt by law. and passed assistant snrireon
in tlie naval service, twenty-lve dolitrs
ner moit'h: for Hcvnin in the mid' ary I
servtce and in the marine corns. rhanlaiii
in tlie tinny, and orovnst innrshal. pro
fessor of ma heiualics. tuns er, assis-ant
snr.'eon. assis ant vnvntas er, and cha'
iniii in im naal service, twenty do far
;er momh ; for line Hen erant hi the inil
tary HTvtw and In the marine corps, uc
Ingnssls antorcon'raci snivenit.and den
try pro v os' -marshal, seven ecu dolnrs
eer moil h ; for second lieu enaiit in he
t im ary service and in the marine. cor
tlrs assis Ullt en rlmw ,i ,,1 ,,l ,
m i in- iiit.ni service, ami enro!liii!j officer,
ttfeen dollars nor month; for cade'-mi
shlpnian, passed mllshlpman, mi'ship
men. clerks of admirals an 1 rayuias ers,
and of 0 her officers commanding vessels,
second and bird assis rqi engineer, mas
ter s ma e, and all warrant officers in he
naval service, ten dollars tier mmch : and
lor nl. culls ml men whose rank or office Is
no mentioned In this sec' Ion. eight do
larsper month; and the masters. nllo's,
engineers, sailors, and crews m-on the
gtmlioa'snnd war-vessels shall be entitled
to receive Ihe pension allowed herein to
those ot like rank In the naval service :
ant every commissioned officer of the
army, navy, or marine earns, shall receive
sneu and only snch pensions as is herein
provided lor the rank Ire held a' the time
he receive I 'he Injury, or ennimc'ed the
disease which resulted In the dl-abili v.
on account of which ho ninv lie entitled io
a pension ; and tiny commission or presl-1
uentiui appointment, regu ariy Issued to and I lie provisional Missouri inuitia. it the
such person, sltall be taken to determine I husband or fa her was wonmlcl.or con
bis nink Ironian later the da'e, as given t rawed I he disease ol whiih he die I, while
in t lie no j ot Uh commission or annum -inent
conferring mid rank: Pmvid d.
That a vacancy existed In the rank there
by conferred; that the person commis
sioned was not so disabled for miit ary
duty ; and lbut he did noi wilfully neglect
or refuse to W. urns ered.
Sec. 3. Thai fori he ihtIo I commencing
.lu.y fourth, eighteen hundred and sixty
lour, and ending June ihir l, eighteen
hundred and seventy-wo. those persons
cttiliie I to a less pension than hereinafter
mentioned, who slam ha e lost Ihi Ii foe'
hi ihe miliary or naval service and in he
line of duty, shall lie entitled io a Pension
of twenty dollars ier month : for the same
period those person who, under like cir
cumstances, shall have lost both hands or
Ihe sight ol boih eves, shall be entitle t to
a pension ol tWentv-nSe dollars per
iiion ; h ; and tor the ihmio I commencing
March thir l, eighteen hundred and six' -tive,
an 1 ending June third, eighteen
htindrel and seventy-two, those persons
w ho under like ciivunisiumes snail have
lost one hand or one loo , shad 1st enti led
to a pension of tlfieen dollars per month :
and lor the period commencing Jui e
sixth.elghteen hundred tin I sixtj-six.aud
ending June third, cigh ecu hundred and
seventy-two, those persons entitled to a
less pension than hereinafter mentioned.
Who by reason of Injury received or dis
ease contracted in the "mill arv or naal
service of i lie Untied S ates and hi the
line of dtpy, shall have lieen permanently
and totally disabled In boih hands, or who
sliall have lost the sight of one eye, ihe
o her having lieen previously iost, or who
shah have been otherwise so totally and
pcrimtncnily disabled as to render I hem
uuer.y helpless, or so neany so as tore
quire regular aid and attendance of an
o. her person, shall be en lit led to a pension
of I wen. j -live dollars per tumuli ; and for
the same iieriod those who under tike cir
cumstances shall lmve been totol.y and
penntmeip iy disabied In both feet, or in
one halt I and one looi.oro.herwisesodis
ai.el as lobe in.upaci aied for the ixtr
foruuince of any manual a'sir, bul not so
urn, It as to require regular personal aid
and ul t cm ion, sliall lie emitted to a pen
sion oi iweniy noniu s per uioiu n ; ami lor
ihe same )ieriod,ail persons who under
like circumstances shall have been lo.aliy
and pennnnenily disublcd In one hand, or
one looi.or otherwise so disabled as to
render their Inability to perform manual
labor equivalent to ihe lossol a hand or
loot, shall lie eniltledtou pension of llf
tecn doi,ars per mon: h.
Sec. 4. Thai from ami after Junetourth,
eighteen hundred and h veuly-two, all
persons entitled ny law toales pension
limn hereinafter speuifletl, WltO, while in
Ihe mlii arj or naval servlceof Ihe t'tiitcd
S nuis. and In line of duty, shall have lost
the sight of both eyes,orshall have lost
the sight ol one eye, the sight of the other
having baen previously lost, or sliall have
lost ho Ii hands, or shall have iost Imi h
feet, or been permanently and to'ollydis
ub.ud in the same, or otherwise so perma
nently and totally disabled us to render
them n terly heiptess.or so nearly soas
to require i he regit a r iersoiial aid and a' -ten
tame of unotber lierson, sliall lie enti
tled ton pension of Ihlriy-one dollars and
Iwenty-ilve cents ner month; and all per
sons who, under like circumstances, shall
have lost one hand and one fool, or been
to ally and permanently disabled in the
same, or otherwise- so disabled as lo tic in
cupacitu ed fur performing any manual
labor, but not so much lis to require regu
lar personal aiiluni atteniluiice, shall lie
entitled loa pension of I went y-four dol
lars per month : mid all persons who, un
der like circumstances, shall have lost one
hand, or one foot, Of been totally and per
manently disabled in the same, or other
wise so ill ti'i e l as to rend'-r their ima
pacity toisjrform manual labor equivalent
to t lie loss of a baud or loot, shall lie enti
tled to a pension of eighteen dollars per
month: PnmMrd, That all persons who.
under like circumstances, have lust a leg
above the knee.and in consequence there
of are so disabled t hat I bey can not use nr
titlcial limbs, shall Ih' rated in the second
class and receive twenty-four dollars per
month; nnd all persons who, under like
ciivnins anccs, shall have lost the hearing
of both ears, shall lie entitled to a pension
of thirteen dollars per month : PrnvH d.
That the pension rora disability not per
manent, cqnivalunt In degree to any pro-
vU..I fniUn Ihlj umllnn ahull fl.lfln.p tl.
continuance of the disability in such de
gree, lie at the same rate as that herein
provided for a permanent disability of like
degree : l'iwmtd furthir. That, except In
cases of permanent (peel lie disabilities, no
Increase of pension shall be allowed In
commence prior to the date of the exam
ining surgeon's certificate; and that In
this, as well aa all nt her cases, the certifi
cate of an examining surgeon, or of a
board of examining surgeons, shall hi;
subject to the approval of the Commis
sioner of Pensions.
Sec. 0. That the rate of eighteen dollars
per month may lie proport lonately divided
for any degree of disability established for
which the second section of this act makes
no provision.
Sec. a. That officers absent on sick
leave, or enlisted men absent on slek-fur-lough,
or veteran furlough, while with
the organization to which they belong,
shall be regarded In the administration of
the pension laws in the same manner as If
tney were in ine neiu or nospiiai.
Sec. 7. Tliat the period of service of all
persons entitled to the lienetltof the pen
sion laws, or on account oi wnose (team
an v person may become entitled to a pen
sion, shall be construed to the time of dis-
banding the organization to which snch
person belonged, or until their actual dls
cliarge foro her ( anse : ban the exnlratlnn
of 'he service ot Web or. anba ion.
See. s. Thai if any Person embrare'.l
within tin- "rovlslonsof theflrsl section
of this act ha die I since the four h ay
of Mini h. eigb een hundred and sixty,
otic, or shall heivnf er die. by reason of
any wound. Injury, Or disease w hich, nn-
derihetoniUilonsandlUnlia'tonsof said
sec Ion, won d lliuc entitled liini to an in
valid pension if disabled, his widow, or if
ihere be no wl low, or in case of her dea h.
wlihonl mymont to her ot any van of
the pension hcreliutfter uiemioned, his
child or -children, under six ecu years of
a e, shall lie entitled to receive tnesame
IHinslon as the husj and or In her womd
have been en ili led 10 had he been to ally
disable I, o lOinmei ee front the denthiif
he huslian I or tut Iter, toion'tinte to'he
wl Inn. ilm'lnu liun u l 'nu ll,,., I anil In 111
chil l or (hinlren until he severan if
tain ihe a.c of sixteen years, and no lung
er, and that if the widow remarry, ihu
ihi.d or children siinii he entitle ' from t lie
dale of reiiutrriage. That the provisions
of litis act is hereby extended lo and made
io embrace the officers and prlva osol be
Missouri s ate iniitiia.and ihe nrovislouat
Missouri luiiitla, disabled by reason ol in
jury received or disease contracted in the
line of duty while such mUltla aco-o' -eraiing
with United s ales forces. and the
widow or children of any such pei"son, liv
ing of injnrv received or disease contract
ed under tlie ulreitmsianWB herein sei
lortb, shall Ik entltietl lothe henulltsof
this act : Pmv'ded, That the pensions on
account of such uihitia shall not com
mence prior io the ila'enf the passage Of
this act. ThattlH" provisions of i his sec
tion shall be so interpreiedasio aunty to
the widows, child or children ot officer
and prha esof the Missouri S a e tni.i In,
In the senlie of the government of the
United s ices.
Sect. II. That the pensions of widows
shall lie increased from and after ttifl
iwenty-dfih day of Ju.y, eighteen hun
dred and sixty. six, at the tit e of two do -larsper
month tor each child under the
age of sixteen years, of the hus'tand on
ooconui ol whose dca b iliecalmliaslieen,
or shall o. granted, And in ci en ia-c in
which Ihe deceased husband has left. or
spaJ leave, no widow, or here bis willow
has (lied or married again, or where she
has been deprived ol her pension under
i he provisions ol the Pension law, the pen
sion granted to snch child or children
shall be Increased io i he same amount per
moil ih thai would lie allowed under the
foregoing provisions ,o he widow, if liv
ing and entitled to a pension : Vmetd a
Tint' ihe artdh tonal lamstou herein grant
ed lo the widow on account of the child
or (hinlren of the hus'iand by a former
wife slm.l lie l-aid io her only for such
period ot her widowhoo I as sis'- has been,
or shall bo, charged with the lualiiienatue
of such child or children; for any perioi
(luring which she has not been,or she shall
not lie, so charge I, ii shutl 1st gmniednn I
I aid io the guardian ol such child or chil
dren: 'r.vid d funh r. Thai a widow or
guardian lo whom increase ol pension has
Isfii, or shall hereafter is1, granted on ac
count Of minor children, shah not Is? de
prived thereof by reason of their tieing
uwlnitlucd In whole or In part at the ex
pense of ihe S ate or the public in nnv ed
ucational instil nl Ion, or in any insiiiitlon
organised fori be care of soldiers' orphans.
, Sec. It). That in ihe administration nf
the pension laws. children Isnn before the
marriage ot their parents, if acknowl
edged sqr the fiti her before or after mar
riage, sliall lie deemed .egithua e.
See. 11. Thut ihe wldnwsot colored or
Indian soldiers and sui.ors who have died,
or shad hereafter die, ivy reasi of wounds
or injuries received, or casualty received
oruisease contracieii. mine unit, arv or
naval service of the United S a.es, and in
ihe line ot duty, shall lie entitled to re
ceive the pension provided by law with
out onier ewueiicooi marriage man salts
laciory proof that the parties were yriiwl
In marriage by some ceremony deemed by
them obligatory, or hnbhuuliv recognized
each n. her as man and wife, and were so
recognized by i heir neigh iors, find lived
together as such up toitie da eof eniist
uieiii, when such soldier or sailor died in
ihe service, or, if otherwise, to date ol
death; any of , he children Iwmofany mar
riage so proved sbait be deemed and head
io las lawlitl children ol such soldier or
Bul.or: 1'rwNld, That Ibis section shall
not lie applicable to any Claims on ucconiit
Of persons who shall have enlisted after
ihe pas-age of this act.
Sec. 12. That it any person ha died, or
shall liereafier die, leaving a wi low enit
lied ton pension by reason of his death,
and a child or chi.dreu tinder sixteen years
of agu !y such widow. and it shall ls dtt.y
ceriiiled under sea) by any court having
proline jurisdiction, ihut satlsfaa'-ory evV
deuce hasiieen produced lieloresucb court
uisin due no.ice to lite widow that the
widow aloresuid bus alwidoned the care
nf such child or children, or that she is an
unsuitable person, by reason of Immoral
conduct, to lime the custody of the same,
or on preeeipution of satisfactory evidence
thereof lo the Commissioner of "Pensions,
t hen no iHtiision shut I be allowed to snch
widow until such child or children shall
have tttiuincd the age of slxteon years,
any provisions of t his tua or of any previ
ous act to the contrary notwithstanding:
and the said child or children aforesaid
were pensKmea tiitiicsume manner, and
lroiu tlie suiiie date, as it no widow hud
survived such pet -on. and such pension
shall be paid lo the guardian of such child
or children : J'n.rid d, That If in any
cuse payment of pension shall have Ijcen
made io the widow, the pension lo the
child or children Shan commence from the
date to which her pension has been paid.
Sec. 18. Thai if any person em braced
wit bin the provisions of the lirsi section
ot this act bos died since i lie lourlb day nf
March, eighteen hundred and sixly-ntie.
or shall hereafter die, by reason oi any
wound, it Jury, casualty, or disease, which,
under the conditions and limitations of
said section, would have emit led him to
tin mvaiid isinstoii, and has not left or
shall not leavea widow or legit iniatccliild,
but has left or shall leave other relative
or relatives who went depended t upthi him
lor support at the I line of his deal b, such
real i v e or re st Ives shall be cut li led In I he
louowlng order oi precedence to receive
ihe same pension assudi person womd
have lieen entitled to had he been totally
disabled, to commence from the deal hot
such person, namely: flrsl, the mother;
secondly, the father; thirdly, orphan
brothel's and sisters under sixteen yearn
of age, who shall lie penslonsd jointly:
t'nmul'd. That where orphan children of
the same imrent have different guardians,
or a portion of them only are under guar
dianship, the share of the joint pension lo
w hich each ward shall lie entitled shall be
paid to l he guardian of such ward : Pro
vUUd, That n in any case mid person shall
have left ait her and mother who are de
ixtmlcnt upon him, then, on the death ol
the mother, the lather shall become enti
tled l o t he pen sim i , commencing from und
after the death of the mother; nnd upon
i lie death of the mother and father, or
upon the death of the lather and the re
marriage ol the mother, the dependent
brother ami sisters under sixteen yi-urs
of age shall Jointly become entitled to
sitch iH'itsloli until they attain the age of
sixteeu years reswctlvely, comuicuclng
from the death or remarriage of the party
who had i be prior right to the pension:
1'nrnl (, Thai a mo her Shall he assumed
lo have Isru dependent upon her sou,
within the meaning of this act. if, at the
a eof his den R, she bad no other ade
quate weans ol snptmrl ihan the ordinary
proceeds of her own uianuai la'iorand the
con. riini, ion oi said son or of any other
IH-rsous not legally iMiuudto aid' in her
supixin ; and Ii, by net mil contributions
or 111 any o her way, the son laid recog
nize I hi oliilga ions to aid in snpportof
said mo her, or was by law iwnnd in such
support. and thai tu her or minor lirotb
er or sister sliall, ill like maimer and un
der like colidiiloiia, lie assume I to have
been de'enden I, except I lui i ihe income
which was derived or derivable from his
lie urn orfosssilae inuunal alioi' shall lie
taken Intoaccotnn Incsiiu.a mgiita ber's
means (H tn JcvinVni snpi'or : I'nvided
fw n r, That the pension ai.t wed i any
I'd--on (si account of bis or her depend
01 c as herein t'ctore prov ided - b:i I not be
paid lor any period daring which it shall
not he necessary !is, means ut adciinate
su'.isis.cacc.
See. 14. Tliat the remarriage of any
widow, dependent me her, or tlependent
slsicr, ct'titletl . pension, stia 1 not bar
her righs lo such iwasion to lie date of
her remarriage, whether an appllitillon
herclor was Hied lielore or utter such
marriage; an 1 1 tint on the roinarrlaitu of
all) widow, dependent tun her, ordepond
Bill sister, having a pension, snub ixuislon
shaii cease
Sec. ti. That all iH'nslons which have
liecn.orwbt.il may licreal i r Is'. granted
in con-cqin n. c oi ihu li occurring from
uctvutrti which origlnaied in fie service
since the tour h da) of March, eighteen
hiindrc I and sixty-one, or in consequence
oi wounds or Injuries receive I or disease
con nutted shue said da'e, sltuii com
met cu from i bo leutbor iilshargeof.be
ixrson on whose accouni the claim has
been orshali hen alter be gran.ed.or tronx
the teiniina Ion ot the righ ot ) any liuv-
n prn r tile to snch pension ! Pnmmd,
That ihe atip.ieaii n fir such pcrsioii ha
been, or shall hcreai or is-, ti e 1 w ith the
t oinuiis-iiineroi i'eiisonswl hin liveyears
nt er the light there o shall have a-crue l;
o berwise the pension shall cmainence
frtiut : he (hi e oi tiling the last evidence
hecessnt)' to os ablish tlie same : Pro
I1 io il i,(r h r, lltai the Inula ton herein
prescribed shall nttatay to culms by or
in behalt of Ittsauepersons or H'rons nn
tler sis ecu years.
Sec. ht. Thai in ennstrulng the pieced
ing section the right of porotiseiitliled to
pensions shall tie retogulzed a accruing
at the date therein sated for the com.
menceutcm ol -nth pension, ami that the
righ ot a dependent fa; her or de)tendeni
bro her o pension shad not In an tasebc
held o have accrued prior to the sixth day
ol June, cigh .ecu hiimlreil and sixty-six;
and the right of nil o her elassesnf ciatm-
niits, it applying on account ot the r.eath
olaiH rson who was rogu.nriy nnstcred
into the sendee, or regit uny employed in
the navy, or anon the gun-boa s or war
vesseisot the United S ntes, shall not i
be.d io Have tucrned prior to the four
teenth day of Jul)', elghleeti hnndrt'd and
sixty- wo; it anpfylfig on ucinniit ol a
( hapiatn of the army, their right shall not
1st hc.d to ha a accrued prior .o tlie ninth
day of April, cish ucD btnnliv I and sixty
lour ; If BPpi big on aci (Hint of hit enlisted
so. diei wiio was not nuis ere 1. ora non
ellllated man in letnnonry service, t heir
right shuh not lie hel l to have accrued
prior i.o the fourth day ot Ju.y, eighteen
hundred and sixty-tour; if applying on
accouni oi an acting iu-sis am or contract
su.geor, the: righ. shad not he held i
have accrued prior to I he third day of
Much, eighteen liniuiie l und sixty-uve;
ii i.ppiyingiMt lucouiu ot is-rsiwiseniisled
u n aiiisors, wagoners, ariitlcers, hosiilial-
stewarus, oriarriers. inctr ngni shall not
lie held io have accrued prior in lite sixth
da) ol June, eighteen hundred nnd sixty
six ; and the right uf ail c .asses of claim
ants, aiipl)atg on ai count nl a provost-
iiiiirsiaii, (ie;nity proven -ninrsPal, or en
roi. ing officer, snail noi ! bed tohaveoc-
, lue I iirior to the tw ut j lift htlty of July,
ouuiuni ikiiiiii, u uiiii six v-six; i rw
vid if, That the right ol a wttiow orde
)wntleilt mother wlio iniil'.'lcd aior,und
did not appiy till Subsequent to the twen
) -seven lb da v ol July, eighteen hundred
nnd suviy-eigbl. slaill not 1st held lo have
accnie l prior loilia. da e.
Bee li. Ilia: it sliab lie (lie dnty of the
Commissioner of l'lnstnns, upon any ap
plication by letter or otherwise b) oron
Iwliult of any tsmslniiorentll eil lo'arrears
Of pension under he tif(stn!i section of
act, or, ii any such pensioner spall have
died, upon usimlar apptaation I vor on
belialfm any je.son , ntld tomeive
ue accnied pension due Ml, Ii peii-ioncrat.
Ill-or tier dentil, to pay or cause 10 be paid
to such iHiusloner, or other inrMin.allsuch
tirream of Punsliui as the peJislonur may
be entitled to, or til dead Would huve beeii
en 1 led loumlcr.lii'pKi.isiofsnt gajdiee
llon had hit or site survived! and uoelalm
agenl or oilier person shall lie entitled to
re eive any compunsu ion for sor. ice in
uiakitig upolicmiMi loranvaisol pension.
sec. IS. Thai the pro.i-ionsol this act
in res)Kct 10 bv rates til pension are hew
y extended 10 pensligier whose right lo
pension aci tnuil utldor general acts rawed
i ice the war of he Ite voui i Ion tmd prior
to he tour h w Mi ll It, eib ecu hundred
and s xt) -one, o lake elf -ci i ..m und affer
lie wen )-scvcul!i da) ot .Itttv , eighteen
hundred and slxi)-slx; and lain the wid
ows o. c.niutioi t.i so, tier- unit sailors
r. .clvlng ii es Mini shall Ih: aid nt the
rateoi eight ail ars per ruo.i h i.oiuana
ui er the iwehijj-syve.it b ln of Jul),
eighteen himiutt't lilld slxi)-dh .
Sot. li. That in ah msesin which the
cause oi illsai.iiity ordia. li nrfc united in
the service prior to the four. h day of
March, eighteen hundred mil .ixt)-one:
and an npnitia, km for pension shail noi
uu.e ueun ii.eiwi.inu tlircc ears from
Ihe discharge or ilea hoi ihe' larrsnn on
whose nccbmit the i .tnni Is inn le, or with
in three ) car of the tunninailiiiiof a !ii
sion previously graniot on uvionnt of the
service and deal It ol ilivsiuuit person, t lie
neualoa sbali couiinenie irom iba date of
tiling, by l he part v prUsctttiting .beitlaliu,
the iasi Pli(Wt' r uttlsi.e ,o es aluib Ihe
same: PMitd, Thai no i aim allowed
prior to ibfe sixih day ot June, eighteen
liumlre I and iXI)-lx, slum be ailccted bv
aio'lhing herein contained.
Sec. s. That nothing in this act shall
be so con rued as to a.tnw won: than one
pension St the same time lo the same per
son or to person until d Jointly ; but any
pensioner a hosballsoeicci utaysurrende.r
hls or Iter cert lllcatc, and nnelve, In lien
theivoi. a cer'.itleaie feu- any ol her pension
to which he or she would have been enti
tled had not the surrendered certificate
been issued : JtxnM d, That all poj tnents
previously made for any period covered bv
the new certltkate shall be dedneltsl from
the amount allowed by said ccrtiflcni,.
8ec.Hl. That dcrlarai inns of pension
claimants shall lat made beioreu court of
record, or belote some otllcer thereof hav
ing custody of its seal, unkl offlcer hereby
being Hilly aiilhorized and empowered to
ad minister and cert Ify any oat h or afllrm
atlon relating to any ismslon or applica
tion tHereinr: Vnyid-tl, Tliat the (loin
miss ikier oi Pensions mav designate. In
lowillims more ilmn Iweniy-flve miles dis
tant . Horn any place at which such court Is
holdcn, persons duly qualified to adminis
ter hut lis, before whom de'lStatloiis may
Im' made and testimony taken, and may
accept declarations ol 'ciaiiuanta residing