Page:United States Statutes at Large Volume 18 Part 1.djvu/992

 920 TITLE r.vrr.——PENSIONS. sole and exclusive benefit of the widow or children; and if no widow or child survive, no payment whatsoever of the accrued pension shall be made or allowed, except so much as may be necessary to re-imburse the rson who bore the ex eases of the last sickness and burial of the de-ecedent, in cases where he did not leave sufhcient assets to meet such expenses. Unclaimed pen- Sec. 4719. The failure of any pensioner to claim his pension for three Si<>¤¤— years after the same shall have become due shall be deemed presumptive Ibid_, ,._ 26_ evidence that such pension has legally terminated by reason of the pensioner`s death, remarriage, recovery from the disability, or otherwise, and the pensioner’s name shall be stricken from the list of pensioners. subject to the right of restoration to the same on a new application b the pensioner, or, if the pensioner is dead, by the widow or minor chifi dren entitled to receive the accrued pension, accompanied by evidence satisfactorily accounting for the failure to claim such pension, and by medical evidence in cases of invalids who were not exempt from biennial examinations as to the continuance of the disability. Pensions under Sec. 4720. \Vhen the rate, commencement. and duration of a pension SP°°“‘l“°t“°fC°“‘ allowed by special act are fixed by such act, they shall not be subject ggé to be varied by the provisions and limitations of the general pension- Ibid-» *’· 27- laws. but when not thus fixed the rate and continuance of the pension shall be subject to variation in accordance with the general laws, and its commencement shall date from the passage of the special act, and the Commissioner of Pensions shall, upon satisfactory evidence that fraud was perpetrated in obtaining such special act, suspend payment thereupon until the propriety of repealing the same can be considered by Con ress. I¤¢li¤·¤ <>l¤im¤· Sgf. 4721. The term of limitation prescribed by sections forty-seven Q§§— I` hundred and nine and forty-seven hundred and seventeen shall, in pending claims of Indians, be extended to two years from and after the third day of March, eighteen hundred and seventy-three; all proof which has her·etofore been taken before an Indian agent, or before an olficer of any tribe, competent accordin to the rules of said tribe to administer oaths. shall be held and regarded by the Pension—Oflice, in the examining and determining of claims of Indians now on file, as of the same validity as if taken before an officer recognized by the law at the time as competent to administer oaths; all proof wanting in said claims hereafter, as well as in those tiled after the third day of March, eighteen hundred and seventy-three, shall be taken before the agent of the tribe to which the claimants respectively belong; in regard to dates, all applications of Indians now on tile shall be treated as though they were made before a competent officer at their respective dates, and if found to be in all other respects conclusive, they shall be allowed; and Indians shall be exempted from the obligation to take the oath to support the Constitution of the Ynitcd States. Pr<>ri¤i<>¤;S ex; Sec. 4722. The provisions of this Title are extended to the officers €j’i32*‘*°"" and privatcs of the Missouri State militia, and the provisional Missouri C`.'}.i-]- `- .- militia, disabled by reason of injury reccived or disease contracted in Il”<l·:¤· 8, P- 570- the line of duty while such militia was co-operating with United States forces, and the widow or children of any such person, dying of injury received or disease contracted under the circumstances herein set forth, shall be entitled to the benefits of this Title. But the nsions on accoun·t of such militia shall not commence prior to the thirdpdiay of March, one thousand eight hundred and seventy-three. Colored soldiers Sec. 4723. All colored persons who enlisted in the Army during the g H r 0 lj 0 <l =¤ ¤ war of the rebellion, and who are now prohibited from receiving bounty _.SlTiES;._+- and pension on account of being borne on the rolls of their regiments as _ Ibid., v. 262. p. "slaves," shall be (placed on the same footing, as to bount and pension. l»0l. as though they ha not been slaves at the date of their enlistment. nun, pwgaommi Sec. 4724. No person in the Army, Navy, or Marine Corps shall draw pay not allowed, both a pension as an invalid, and the pay of his rank or station in thi? l¤¤l°*§L_<$*gi·___ service, unless the disability for which the pension was granted be Sllrll