Page:United States Statutes at Large Volume 18 Part 1.djvu/989

 rn-LE mr.-rsssross. 917 under seal by any court having probate jurisdiction, that satisfactory evidence has been produced before such court, upon due notice to the widow, that she has abandoned the care of such child or children, or that she is an unsuitable person, by reason of immoral conduct, to have the custody of the same, on presentation of satisfactory evidence thereof to the Commissioner of Pensions, no cnsion shall be allowed to such widow until such child or children shah have attained the age of sixteen years, any provisions of law to the contrary notwithstanding; and the said child or children shall be wensioned in the same manner, and from the same date, as if no widow had survived such person, and such pension shall be paid to the guardian of such child or children; but if in any case payment of pension shall have been made to the widow, the pension to the child or children shall commence from the date to which er pension has been paid. Sec. 4707. 1f any erson embraced within the provisions of sections Sueeessionoi deforty-six hundred and)ninety-two and forty-six hundred and ninety-three P€¤d€¤¤ Y€l9·fiV€¤· has died since the fourth day of March, eighteen hundred and sixty-one, Ibid_’s_13’p_571j or shall hereafter die, by reason of any wound, injury, casualty, or disease, which, under the conditions and limitations of such sections, would have entitled him to an invalid pension, and has not left or shall not leave a widow or legitimate child, but has left or shall leave other relative or relatives who were de ndent u n him for support, in whole or in part, at the date of his deatlijisuch reliitive or relatives shall be entitled, in the following order of precedence, to receive the same ension as such person would have been entitled to had he been totally disabled, to commence from the death of such person, namely: first, the mother; secondly, the father; thirdly, orphan brothers and sisters under sixteen years of age, who shall be pensioned jointly: Provided, That where orphan children of the same parent have different guardians, or a portion of them only are under guardianship, the share of the joint pension to which each ward shall be entitled shall be paid to the guardian of such ward: ]%·0m`ded, That if in any case said person shall have left father and mother who were dependent u n him, then, on the death of the mother, the father shall become entiglejd to the pension. commencing from and after the death of the mother; and upon the death of the mother and father, or upon the death of the father and the remarriage of the mother, the dependent brothers and sisters under sixteen years of age shall jointly become entitled to such pension until they attain the age of sixteen years respectively, commencing from the death or rcmarriage of the party who had the prior right to the pension: Provided, That a mother shall be assumed to have been dependent upon her son within the meaning of this section if, at the date of his death, she had no other adequate means of support than the ordinary proceeds of her own manual labor and the contributions of said son or of any other persons not legally bound to aid in her support: and if, by actual contributions, or in any other way, the son had recognized his obligations to aid in sup rt of his mother, or was by law bound to such support, and that a father or minor brother or sister shall, in like manner and under like conditions, be assumed to have been dependent, except that the income which was derived or derivable from his actual or possible manual labor shall be taken into account in estimating a father’s means of independent support: Prmgided further, That the pension allowed to any plerson on account of his or her dependence, as hereinbefore provided, s all not be paid for any period during which it shall not be necessary as a means of adequate subsistence. Sec. 4708. The remarriage of any widow, dependent mother, or depend- Mmmm_ ent sister, entitled to pension, shall not bar her right to such pension to m the date of her remarriage, whether an application therefor was filed 1 "°` ' before or after such marriage: but on the remarriage of any widow, dependent mother, or dependent sister, having a pension, such pension shall cease. Sec. 4709. All pensions which have been, or which may hereafter be, Commencement granted in consequence of death occurring from a cause which origi- of P°¤¤°“¤ **6* nated in the service since the fourth day of March, eighteen hundred Much 4‘1861' A,