this limitation commences its operation, but which has not been transmitted to the secretary for the department of war.(1)* 2533. All persons entitled to pensions, in conformity with the provisions of the act, entitled, "An act to provide for persons disabled by known wounds during the revolutionary war," passed April the tenth, one thousand eight hundred and six, (article 2524 & seq.) and also, the fourth section of an act, entitled, "An act concerning invalid pensioners," passed the twentyfifth day of April, one thousand eight hundred and eight, (article 2534 & seq.) may be placed on the pension list by the secretary of war, without reporting the same to congress.(2) 2534. The secretary of war is hereby authorized and directed to place on the pension list of the United States, all persons who now remain on the pension list of any of the states, and who were placed on the same in consequence of disability occasioned by known wounds received during the revolutionary war, whether such person or persons served in the land or sea service of the forces of the United States, or of any particular state, in the regular corps, or the militia, or as volunteers: Provided, That in no case the pensions allowed to such person or persons shall exceed the sum specified by article 2528. And provided, That in every case where applications shall be made to have such person or persons placed on the pension list of the United States, under this law, satisfactory documents, from the proper officers of the state, shall be adduced to establish the fact of such person or persons having been placed on the state pension list in consequence of disability occasioned by known wounds received during the revolutionary war.(3) 2535. Every commissioned officer, non-commissioned officer, musician, and private soldier, and all officers in the hospital department and medical staff, who served in the war of the revolution to the end thereof, or for the term of nine months or longer, at any period of the war, on the continental establishment; and every commissioned officer, non-commissioned officer, mariner or marine, who served at the same time, and for a like term, in the naval service of the United States, who is yet a resident citizen in the United States, and who is, or hereafter, by reason of his reduced circumstances in life, shall be in need of assistance from his country for support, and shall have substantiated his claim to a pension, in the manner hereinafter directed, shall receive a pension from the United States: if an officer, twenty dollars per month during life; if a non-commissioned officer, musician, mariner, marine, or private soldier, of eight dollars per month during life: Provided, No person shall be entitled to the provisions of this act, until he shall have relinquished his claim to every pension heretofore allowed him by the laws of the United States.(4) To entitle any person to the provisions of this act, he shall make a declaration, under oath or affirmation, before the district judge of the United States of the district, or before any judge or court of record of the county, state or territory, in which the applicant shall reside, setting forth, if he be longed to the army, the company, regiment, and line to which he belonged; the time he entered the service, and the time and manner of leaving the service; and in case he belonged to the navy, a like declaration, setting for h (1) Act 10th April, 1836, sec. 10. (2) Act 3d March, 1819, sec. 4. (3) Act 25th April, 1808, sec. 3. This act has been continued in force by acts of 25th April, 1812, 15th May, 1820, 4th February, 1822, for six years from and after the 24th May, 1828, and from thence until the end of the next session of congress. the name of the vessel, and particular service in which he was employed, and the time and manner of leaving the service, and shall offer such other evidence as may be in his power; and on its appearing to the satisfaction of the said judge, that the applicant served in the revolutionary war, as afore. said, against the common enemy, he shall certify and transmit the testimony in the case, and the proceedings had thereon, to the secretary of the department of war, whose duty it shall be, if satisfied the applicant comes under the provisions of this act, to place such officer, musician, mariner, marine, or soldier, on the pension list of the United States, to be paid in the same manner as pensions to invalids, who have been placed on the pension list, are now paid, and under such restrictions and regulations, in all respects, as are prescribed by law.(1) Every pension, by virtue of this act, shall commence on the day that the declaration, under oath or affirmation, prescribed in the foregoing article, shall be made.(2) No sale, transfer, or mortgage of the whole, or any part of the pension payable in pursuance of act of March 18th, 1818, shall be valid; and any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.(3) 2536. No person who is, or hereafter may be, placed on the pension list of the United States, by virtue of the act, entitled, "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, (article 2535 & seq.) shall, after the payment of that part of the pension which became due on the fourth day of March, one thousand eight hundred and twenty, continue to receive the pension granted by the said act, until he shall have exhibited to some court of record, in the county, city, or borough, in which he resides, a schedule, subscribed by him, containing his whole estate and income, (his necessary clothing and bedding excepted,) and shall have (before the said court, or some one of the judges thereof) taken and subscribed, and produced to the said court, the following oath or affirmation, to wit: I, A. B., do solemnly swear or affirm (as the case may be) that I was a resident citizen of the United States on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not since that time, by gift, sale, or in any manner whatever, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of congress, entitled, "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the eighteenth day of March, one thousand eight hundred and eighteen, and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed: Nor until such person shall have delivered, or caused to be delivered, to the secretary of war, a copy of the aforesaid schedule and oath or affirmation, certified by the clerk of the court to which the said schedule was delivered, together with the opinion of the said court, also certified by their clerk, of the value of the property contained in the said schedule: Provided, That in every case in which the pensioner may be insane, or incapable of taking an oath, the court may receive the said schedule without the aforesaid oath or affirmation, from the committee, or other person authorized to take care of such person.(4) The original schedule and oath or affirmation, shall be filed in the clerk's (1) Act 18th March, 1818, sec. 2. (2) Ibid. sec. 3. (3) Ibid. sec. 4. (4) Act 1st May, 1820, sec. 1. office, of the court to which the schedule and oath or affirmation aforesaid, shall be exhibited; and any person who shall swear or affirm falsely in the premises, and be thereof convicted, shall suffer as for wilful and corrupt perjury.(1) On the receipt of the copy of the schedule and oath or affirmation aforesaid, it shall be the duty of the secretary of the war department, to cause to be struck from the list of pensioners under the said act, the name of such person, in case the said person shall not, in his opinion, be in such indigent circumstances as to be unable to support himself without the assistance of his country: Provided, That every person who shall have been placed on the pension list in consequence of disability from known wounds received in the revolutionary war, and who shall have relinquished such pension in order to avail themselves of the benefit of the provisions of the act, to which this is an amendment, who, by virtue of this section, may be stricken from the pension list, shall be forthwith restored to the pension so relinquished.(2) The secretary of war is hereby authorized and required to restore to the list of pensioners the name of any person who may have been, or hereafter shall be stricken therefrom, in pursuance of the act of congress passed the first day of May, one thousand eight hundred and twenty, entitled, "An act in addition to an act, entitled, 'An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war,' passed the eighteenth day of March, one thousand eight hundred and eighteen, art. 2536, &c. if such person, so stricken from the list of pensioners, has heretofore furnished, or hereafter shall furnish, evidence, in pursuance of the provisions of said act, to satisfy the secretary of war that he is in such indigent circumstances as to be unable to support himself without the assistance of his country, and that he has not disposed of or transferred his property, or any portion thereof, with a view to obtain a pension.(3) When any person, coming within the provisions of the acts to which this is supplementary, shall, by reason of bodily infirmity, be unable to attend in court to make his schedule, and furnish the evidence by said acts required, it shall be lawful for any judge or justice of a court of record, in the district, city, county, or borough, in which such person resides, to attend at his place of abode, and receive his schedule, and oath or affirmation; and said judge or justice shall certify that said applicant was, from bodily infirmity, unable to attend said court; which schedule, and oath or affirmation, and certificate, shall, by said judge or justice, be produced in the court of which he is judge; and the opinion of said court, of the value of the property contained in said schedule, shall be entered thereon, and certified by the clerk of said court; and such schedule shall be valid for all the purposes contemplated by the acts aforesaid.(4) 2537. No pension hereafter to be allowed on claims or schedules heretofore filed under the act or acts to which this act is a supplement, or under the provisions of this act, shall commence before the passage thereof; and all other pensions hereafter to be allowed under the acts aforesaid, shall commence from the time of completing the proof.(5) 2538. The persons to whom military pensions have been heretofore granted and paid by the state of South Carolina, in pursuance of the resolves of the United States, in congress assembled, for the payment of pensions to the invalids who were wounded and disabled during the late war with Great Britain, and who have not been placed on the books in the office of the sec (4) Ibid. sec. 2. (1) Act 1st May, 1820, sec. 2. (2) Ibid. sec. 3. (5) Ibid. sec. 3. (3) Act 1st March, 1823, sec, 1. retary for the department of war, are directed to be placed on the said books, and their said pensions shall be hereafter paid by the United States, in the same manner as to other pensioners of the United States, out of the funds already appropriated for that purpose.(1) 2539. Each of the surviving officers of the army of the revolution, in the continental line, who was entitled to half pay by the resolve of October twenty-first, seventeen hundred and eighty, is authorized to receive the amount of his full pay in said line, according to his rank in the line, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That, under this act, no officer shall be entitled to receive a larger sum than the full pay of a captain in said line.(2) Whenever any of said officers has received money of the United States, as a pensioner, since the third day of March, one thousand eight hundred and twenty-six, aforesaid, the sum so received shall be deducted from what he would otherwise be entitled to under the above section; and every pension to which said officer is now entitled, shall cease after the passage of this act.(3)* 2540. Every surviving non-commissioned officer, musician, or private, in said army, who enlisted therein for and during the war, and continued in service until its termination, and thereby became entitled to receive a reward of eighty dollars, under a resolve of congress, passed May fifteenth, seventeen hundred and seventy-eight, shall be entitled to receive his full monthly pay in said service, to begin on the third day of March, one thousand eight hundred and twenty-six, and to continue during his natural life: Provided, That no non-commissioned officer, musician, or private, in said army, who is now on the pension list of the United States, shall be entitled to the benefits of this act.(4) The pay allowed by this act shall, under the direction of the secretary of the treasury, be paid to the officer or soldier entitled thereto, or to his authorized attorney, at such place and days as said secretary may direct; and no foreign officer shall be entitled to said pay, nor shall any officer or soldier receive the same until he furnish the secretary satisfactory evidence that he is entitled thereto, in conformity to the provisions of this act; and the pay allowed by this act shall not, in any way, be transferable or liable to attachment, levy, or seizure, by any legal process whatever, but shall inure wholly to the personal benefit of the officer or soldier entitled to the same by this act.(5) So much of said pay, as accrued by the provisions of this act, before the third day of March, eighteen hundred and twenty-eight, shall be paid to the officers and soldiers entitled to the same, as soon as may be, in the manner and under the provisions before mentioned; and the pay which shall accrue after said day, shall be paid semi-annually, in like manner, and under the same provisions.(6) The duties required of and performed by the secretary of the treasury, by the preceding act of 15th May, 1828, granting allowances to the officers and soldiers of the revolutionary army, and in relation to Virginia land claims, (1) Act 3d March, 1804, sec. 1. (2) Act 15th May, 1828, sec. 1. (3) Ibid, sec. 2. (4) Ibid. sec. 3. (6) Ibid. sec. 5. This section does not embrace invalid pensioners, and the pension of invalid soldiers shall not be deducted from the amount received by them under that act.Act 31st May, 1830. and deficiency of commutation, are transferred to and made the duties of the secretary of war, by act 2d March, 1835, sec. 4. 2541. Whenever any revolutionary pensioner shall die, the secretary of war shall cause to be paid the arrears of pension due to the said pensioner at the time of his death; and all payments under this act shall be made to the widow of the deceased pensioner, or to her attorney, or if he left no widow, or she be dead, to the children of the pensioner, or to their guardian, or his attorney; and if no child or children, then to the legal representatives of the deceased.(1) 2542. In all cases of applications for pensions, for wounds received in the revolutionary war, the testimony to establish the facts may be authenticated in the same manner with those who apply for pensions for wounds received in the late war with Great Britain.(2) 2543. Each of the surviving officers, non-commissioned officers, musicians, soldiers, and Indian spies, who shall have served in the continental line, or state troops, volunteers, or militia, at one or more terms, a period of two years, during the war of the revolution, and who are not entitled to any benefit under the act for the relief of certain surviving officers and soldiers of the revolution, passed the fifteenth day of May, eighteen hundred and twenty-eight, shall be authorized to receive, out of any money in the treasury not otherwise appropriated, the amount of his full pay in the said line, according to his rank, but not exceeding, in any case, the pay of a captain in the said line; such pay to commence from the fourth day of March, one thousand eight hundred and thirty-one, and shall continue during his natural life: and any such officer, non-commissioned officer, musician, or private, as aforesaid, who shall have served in the continental line, state troops, volunteers, or militia, a term or terms, in the whole, less than the above period, but not less than six months, shall be authorized to receive out of any unappropriated money in the treasury, during his natural life, each according to his term of service, an amount bearing such proportion to the annuity granted to the same rank for the service of two years, as his term of service did to the term aforesaid; to commence from the fourth day of March, one thousand eight hundred and thirty-one.(3) No person, receiving an annuity or pension under any law of the United States, providing for revolutionary officers and soldiers, shall be entitled to the benefits of this act, unless he shall first relinquish his further claim to such pension; and in all payments under this act, the amount which may have been received under any other act as aforesaid, since the date at which the payments under this act shall commence, shall first be deducted from such payment.(4)* The pay allowed by this act shall, under the direction of the secretary of war, be paid to the officer, non-commissioned officer, musician or private, entitled thereto, or his or their authorized attorney, at such places and times as the secretary of war may direct, and no foreign officer shall be entitled to said pay, nor shall any officer, non-commissioned officer, musician, or private, receive the same until he furnish the said secretary satisfactory evidence that he is entitled to the same, in conformity to the provisions of this act ; and the pay hereby allowed shall not be in any way transferable or liable to attach (1) Act 2d March, 1829, sec. 2. (2) Ibid. sec. 3. (3) Act 7th June, 1832, sec. 1. This section does not embrace invalid pensioners; and the pensions of invalid soldiers shall not be deducted from the amount receivable by them under act 7th June, 1832.-Act 19th February, 1833. |