Page:United States Statutes at Large Volume 44 Part 1.djvu/2086

 ·-    ·‘ TITLE 88.-—PENS'IONS, BON USL required shall constitute payment ir; the event of the dqth of ithe pensioner odor after the lag das of theperiod covered by synch  it shall not be canceled. but mall become 8.Xl"&8S€¢`.0f theestate ot the deceasedgeuéioner. {Juli 3,1926, ~c. 7%, { 5, 44 Stat. N7.) · ‘  · · New sectién.   _ j   _  13%. Fees of gttorheys for prosecptiug claims under Acf `of 1926; penalty.-;-No claim ggent, attorney; or other `person shall contract for, demand, receive, or retain da Ice for services in Bi*¢D¤i'i¤€, prweuting, or progecuting claims for" the increase of pension ·l3I6Vid€d·fo1"il1 this Act; ‘ and no more thin the sum of $10 shall be hllovéed for; such services in other claimis theneuhder, which sum shdll be bayablé cul?   the order of ` the Commixicuer ot Pensions; sind any person who _· shell di·‘ rectly or indirectly otherwise contract for, · demand, receive, br E retain a fee for. services ml `pfepuring, presenting, or prosecuting any claim under this Act} 01;, shall wrongfully withhold from the pensioner or claimant the whole 01’_&DY jart of the. pension `allowed or due to such ‘ pensioner or claimant under. this Act shall be deemed guilty of g. misdemeanor, and upon ‘ conviction thereof shall for each and every such odense be lined t-not exceedim $500 or ·be imprisoned not exceeding one year, or _ both; in the discretion of the court. ,%_(July 3, 1926, c.° 733, § 6, -4-iStat.807.)» “ ‘ ‘ V `*` , New secfioxi. V _ - _ II - _ 331. Extent of mcdidcation by _Act of _ 1926 bf earlier iacts.-—All Acts apd parts of Acts in contlict with or‘i11c0n- t sistent with the provisions of this ,Act’ are hereby modided acd.amended_c¤1y·. sofar and to the extent as hereinspecifically provided spd stated: Prov€ded,=That .the‘provisions of-this·Act' shall in-no way, manner, or substance modify, limit, or impair the soldier, sailor, or Ymariue’s right and title to the rate of $72· provided in the second gsection of the Act of May 1, 1920.* · (July 3, 1926. c. 733; is 7, 44 Sthtr 807.) h ·. _ " _ _ New section;  . Chapter 7.—WAR' 1`WITH_··SPAIN, PHILIPPINE   INSUR- ' RECTION, AND CHINESE BOXER REBELLION;.VET- ERANS, WOMEN NURSES, AND DEPENDENTS. Spc; · ' i - · · I ‘ ' 364. Vetei·a`n;¤; nurses: pensioufrom and after Jtme 4, 1925. [New.]” 364a. Widows and children; pension from and after. Jmre 4, 1926. L New. ‘ ` . ’ " _- ‘ o 364b. Toiat digabtlity; inmate of Sbldier·s’ Home. _ [New.] 364c. Time of commencement under Act ot 1926; check ·to pensioner °‘ dying on or before last day of D¢1’i0dy lN¢W·] ‘ _  ·. 36441. Army atpd Navy Medal of Hmior Roll not afoctod. [Newt] _ °36·Le. Fecé of jattorueys for prosecuting claims under .—Act of 1926: · · penalty; {New,] ‘_, · · · 364f. Acts affected. [New.]  _ ·_ I q - · 364. Veterans; purses; pension fruig and ifter June 4, t 1926.———·A1l persons who serYed ninety days or more in the mil}- . tary or naval service of the United _St:1tes.duriug the.'War with r_ Spain, the Philippine insurrection, or the Chiba relief expe-. ditieu, dud who have been houorably aascuargeu. therefrom, or whe, haviJ;1g'se1’v¢d;l@s than ninety dayst were discharged for disability incurred in the servicewiu ltne of duty, ¤nd"wh`o are now or who may hereafter be suteriug from any mental or physical disability or disabilities ot a` permanent character uot the result ot their own- vicioqs habits which so `Iumpacitutes them for the performance of manual labor as to render them unable to eamm a support, shall, upon making due proof nt the tact, according to such rules and Twulations as the Secretary of the _Iuterior· may provide, bé placed upon the lict of invalid pexmouersot the United States and m entitled? • ** This Act_" dmould be traunmted “ sections 273. 291, N2, 313; 322, 330{ and 331 or this title in the appc:; dix.” _ A **1jbe Act of Méy 1, _19‘.$.’0, 'sectiou 2, referred to in the text, constitutes section 271.ot this title in the Code.

» I `\\ U B8, ANI} VETERANS’ JRELIEF 2072 to receive a pension not exceeding $50 h month and not less than $20 ar month, proportioned to the degree of inability to ` earn _• support; and in determining such inability each and e every ¤ luhrmity shall be dnily · considered ami the aggr@te of the disabilities "shown shall be ntedr Provwd, That any such person who has reached the. age of lsixty-two years shall, upon making proof of ‘ such feet, be placed upon the pension roll and entitled go receive a 'peusion of $20 a month; in casesuch person hes reached theage ot sixty-ekht years,  e month; in use such person has reached tm ·“age of - seventy- tw¥o   $40‘a month; and in use such parses has reached t__h_e,,age'of eeventydive yeers, $50 é month: Provided further, Tha; all leeves of absence and furlough; under   Orders, Numbc;fed‘.130, ‘Al1§\1St_.%, 1&8; Wax Deparmeni; shall be Q` included Tin: determining the peri® of pensionable service: r Provided f·a•r¢I•er, That the provieioms, limitation, and behehts or this section be, and hereby are, extended ·t0· and shall lqciede ‘}my_ woman who served honorably as s nurse, chief muse, or eupei·i1ité¤dent'"0t the Nhrse Corps under `cohtmet for ninety deys or more between Apri1‘21;“ 1&£, nxld February 2, g1901, _iuelqslve,'.aud. to any such nurse, regrdlesé of mgm ot `service, who wes released from service - before the eipimtiou ot ninety o days becauseof disability contractedby her while in the service Inline of duty. (Hay _1, 195, c; Zw, 5 1,' 44 Stet,382.) -. ` o “Ney section. ·.  I l 364a. Widosis and childreni  from and after, Jme 4,` `1926.—¥'l‘h_ widow of any officer or eulieted man `who served `ninety days or more in the Army, Neyy, or Marine Corps of .the United States during the wg; wllh Spein, the PhiIipplne`l¤sm··· rection, or_ the Ching relief qpediuoo,  `Aprll 21, 1&8, g qndtiulyd, 1_902, inclusive, service-to he computeddrom °d¢te ot enlistment to date of dischdrge, and that all leaves of pbsenee and furloughs under General Orders, Ni1mbered·130,‘ Augustf29, 1898, War Behartment, shall be included in determining the period of ‘ peusionahle*”service,`~ and was hoizombly di&rged _ , from such service, or, reghrdlese of the length of serylcxeg was discharged for or died in eewice of n disability incurred G me ’ service inline ot duty, such widow having married each soldier, sailor, or 'm8fl1l€ prior to September 1, 19&," shall, `upon due proof of her husband}; dea;h,-without   dutch to he the result of his Army or Navy service, beplaced epoin the pension roll at the rate of- $0 a inonlh daring- her widowhood. And this section shall applyto a former widow ot any omcer 01"€Hl{SY£d`m8D‘.Wh0 rendered serviée las hereiubefore described - and who whs houorably discharged, or died in service due to disability `or diseaseflxfourred in the service in line of duty, such widow havingmemarrlcd either once or rhore after the death of the soldier, eeilor, omemarine, if it,be shown thet- such 8llbS€· queut or successive marriage has or have been dissolved either by the death of the huémnd or husba¤& or by divorce on any ground except adultery on the pért of  wife and any euch· .1'or1;ner widow shall be entitled- to and bé pwclia IJEBEGEI at the rate ot $30 an month, end my widow or former widow mentioned · .· ln this section, shall `also be mid $64 month toreeeln child under sixteen years of age of such omcengor enlisted mh, and in case there he no widow or me not mtltled to peedon pnder arly law granting additional `peneloh t0_mi¤0r children the minor childrer; under` Qxgteen years of aged! such omcer or enlisted l man shall he entitled to the pension herein provided for the widow and lin the event ot the death or remarrlage ot the widow or forfeiture of the widows `title to pension ghepension _ shall continue from thedhte of meh death. remnrrlage, or tor· _ l feiture to such child or children off such o@cer or enlisted man · until the nge of plxteen years: Prov¢6e4;_'1‘hat i¤-cess; minor &lld is insane, idiotic, ofotherwiselmeutnlly or physically helpless the pehmm shall continue during the life ofeuch child, ` or during the period of such Kdlsebilltyyand tl1is‘ptbvis0·Sh&H;