Page:United States Statutes at Large Volume 44 Part 1.djvu/1221

1207 her application in the Bureau of Pensions after September 8, 1916: Provided, however, That where a pension has been grated to a soldier's or sailor's helpless or idiotic child or children, or child or children under the age of sixteen years, his widow shall not be entitled to pension under this section, unless the pension to such child or children has terminated, or unless such child or children be a member or members of her family and cared for by her, and upon allowance of pension to the widow, payment of pension to such child or children shall cease. (Sept. 8, 1916, c. 470, § 3, 39 Stat. 845.)

284. Widows of veterans of Civil War, war with Mexico, and War of 1812; pension from and after September 8, 1916; agents.— From and after September 8, 1916, except as otherwise provided in this title, the rate of pension for a widow, on the roll at that date or thereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided, who was the lawful wife of any officer or enlisted man in the Army, Navy, or Marine Corps of the United States, during the period of his service in the Civil War, shall be $20 per month, and the rate of pension for a widow of an officer or enlisted man of the Army, Navy, or Marine Corps of the United States who served in the Civil War, the war with Mexico, or the War of 1812, on the roll on September 8, 1916, or thereafter to be placed on the pension roll and entitled to receive a less rate than hereafter provided, who has reached or shall hereafter reach the age of seventy years shall be $20 per month; and nothing herein shall be construed to affect the allowance for a child under the age of sixteen years and for each helpless child. This section shall not be so construed as to reduce any pension, under any Act, public or private. No claim agent or attorney shall be recognized in the adjudication of claims under this section. (Sept. 8, 1916, c. 470, §§ 1, 4, 39 Stat. 844, 845.)

285. Remarried widows of Civil War restored to roll on termination of marriage.—Except as hereafter provided in this title any widow of an officer or enlisted man who served in the Army, Naxy, or Marine Corps of the United States during the Civil War whose name was placed or shall hereafter be placed on the pension roll, under any existing law, and whose name has been or shall hereafter be dropped from said pension roll by reason of her marriage to another person who has since died or shall hereafter die or from whom she has been heretofore or shall be hereafter divorced upon her own application and without fault on her part, shall be entitled to have her name again placed on the pension roll at the rate allowed by the law under which she was formerly pensioned, and the law or laws amendatory thereof, unless she be entitled to a greater rate of pension under section 284 of this title, such pension to commence from the date of filing her application in the Bureau of Pensions after September 8, 1916. Where the pension of said widow on her second or subsequent marriage has accrued to a helpless or idiotic child, or a child or children under the age of sixteen years, she shall not be entitled to renewal under this section unless said helpless or idiotic child, or child or children under sixteen years of age, be then a member or members of her family and cared for by her, and upon the renewal of pension to said widow payment of pension to said child or children shall cease. The provisions of this section shall be extended to those widows otherwise entitled, whose husbands died of wounds, injuries, or disease incurred during the period of their military or naval service, but who were deprived of pension under section 191 of this title, because of their failure to draw by pensions by reason of their remarriage, and to any person who was lawfully married to an officer or enlisted man, who served in the Army, Navy, or Marine Corps of the United States during the Civil War and was honorably discharged therefrom and has since deceased, and who, having remarried since his death is again a widow, or has been divorced from her last husband upon her own application without fault on her part and who, otherwise entitled, was barred by reason of such remarriage from receiving penslon under any existing law. (Sept: 8, 1916, c. 470, § 2, 39 Stat. 845.)

286. Same; claim agents or attorneys; limitation of fees under.—No claim agent or attorney shall be recognized in the. adjudication of claims under section 285 of this title for renewal of pension previously allowed, and in claims for original pension under said section no greater sum than $10 shall be allowed for services in preparing, presenting, or prosecuting such claim, which sum shall be payable only upon the order of the Commissioner of Pensions under such rules and regulations as he may deem proper to make. (Sept. 8, 1916, c. 470, § 4, 39 Stat. 845.)

287. Minimum rate to widows of officers and enlisted men of Army serving in Civil War from and after October 6, 1917.— From and after October 8, 1917, the rate of pension for a widow of an officer or enlisted man of the Army, Navy, or Marine Corps of the United States who served in the Civil War, on the pension roll at that date or thereafter to be placed on the pension roll and entitled to receive a less rate than hereinafter provided shall be $25 per month; and nothing herein shall be construed to affect the additional allowance provided on account of a helpless child or child under sixteen years of age. This section shall not be so construed as to reduce any pension under any Act, public or private. The provisions of this section shall be administered, executed and enforced by the Commissioner of Pensions. (Oct. 6, 1917, c. 105, § 2, 40 Stat. 408.) 288. Widows and children of veterans of the Civil War; widows of veterans of War of 1812 or war with Mexico; pension from and after May 1, 1920:—The widow of any person who served in the Army, Navy, or Marine Corps of the United States during the Civil War for ninety days or more, and was honorably discharged from such service, or regardless of the length of service was discharged for or died in service of a disability incurred in the service and in the line of duty, such widow having been married to such soldier, sailor, or marine prior to the 27th day of June, anno Domini 1905, shall be entitled to and shall be paid, subject to the provisions of section 321 of this title, a pension at the rate of $30 per month. And this section shall apply to a former widow of any person who served for ninety days or more in the Army, Navy, or Marine Corps of the United States during the Civil War and was honorably discharged from such service, or who, having so served for less than ninety days was discharged for or died in service of a disability incurred in the service and in the line of duty, such widow having remarried, either once or more than once after the death of the soldier, sailor, or marine, if it be shown that such subsequent or successive marriage has, or have been dissolved, either by the death of the husband or husbands, or by divorce without fault on the part of the wife; and any such former widow shall be entitled to and be paid a pension at the rate of $30 per month; and any widow as mentioned in this section, shall also be paid $6 per month for each child of such officer or enlisted man under the age of sixteen years, and in case of the death or remarriage of the widow leaving a child or children of such officer or enlisted man under the age of sixteen years, such pension shall be paid such child or children until the age of sixteen years. In case a minor child is insane, idiotic, or otherwise mentally or physically helpless, the pension shall continue during the life of such child, or during the period of such disability, and this shall apply to all pensions heretofore granted or hereafter to be granted. In case of any widow whose name has been dropped from the pension roll because of her remarriage, if the pension has been granted to an insane, idiotic, or otherwise helpless child, or to a child or children