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Penalty for false affidavit

2254. Every person who knowingly or willfully makes and postdating or aids or assists in the making or in anywise procures vouchers, etc. 0.7.522 1898, v. the making or presentation of any false or fraudulent affiSec. 4746, R.s. davit, declaration, certificate, voucher, or paper or writing

purporting to be such concerning any claim for pension, or payment thereof, or pertaining to any other matter within the jurisdiction of the Commissioner of Pensions, or the Secretary of the Interior, or who knowingly or willfully makes or causes to be made, or aids or assists in the making, or presents or causes to be presented at any pension agency any power of attorney or other paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner, and every person before whom any declaration, affidavit, voucher, or other paper or writing to be used in aid of the prosecution of any claim for pension or bounty land or payment thereof purports to have been executed who shall knowingly certify that the declarant, affiant, or witness named in such declaration, affidavit, voucher, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof, when, in fact, such declarant, affiant, or witness did not personally appear before him or was not sworn thereto, or did not acknowledge the execution thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprison

ment for a term of not more than five years. Embezzlement

2255. If any guardian having the charge and custody of the pension of his ward shall embezzle the same in violation of his trust, or fraudulently convert the same to his own use, he shall be punished by fine not exceeding two thousand dollars, or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court.

2256. Every guardian, conservator, curator, committee, tutor, or other person having charge and custody in a fiduciary capacity of the pension of his ward, who shall embezzle - the same in violation of his trust, or fraudulently convert the same to his own use, shall be punished by fine not exceeding two thousand dollars or imprisonment at hard labor for a term not exceeding five years, or both, at the discretion of the court. Act of February 10, 1891 (26 Stat. L., 746).

of pension by guardian.

Sec, 5486, R.S.

The same.

Feb. 10, 1891, v. 26, p. 746.

Penalty.
Sec. 1783, R.S.

MISCELLANEOUS PROVISIONS.

Par.

Par.
2257. But one pension to be drawn at one

time.
2258. Continuance of pension.
2259. Pensions not to be withheld.
2260. Pensions of officers in arrears not

to be withheld.

2261. Military pay and pension prohib

ited. 2262. Pensions of civilian employees.

a Sec. 20, ibid.

2

Continuance

2257. Nothing in this Title' shall be so construed as to Only one penallow more than one pension at the same time to the same

Sec. 4716, R.S. person, or to persons entitled jointly; but any pensioner who shall so elect may surrender his certificate, and receive, in lieu thereof, a certificate for any other pension to which he would have been entitled had not the surrendered certificate been issued. But all payments previously made for any period covered by the new certificate shall be deducted from the amount allowed by such certificate. 2258. All pensioners whose names are now on the pen

of pensions, sion roll or who are entitled to restoration to the roll under Sec. 4733, B.S. any act of Congress, shall be entitled to the continuance of such pensions under the provisions and limitations of

this Title, and to such further increase of pension as is · herein provided.

2259. The provisions of law which allow the withholding Pensions not of the compensation of any person who is in arrears shall , May 20, 1836, c. not be construed to authorize the pension of any pensioner Sec. 184, R.S. of the United States to be withheld.

2260. Hereafter no pension shall be allowed or paid to any officer, noncommissioned officer, or private in the sons in Army or Army, Navy, or Marine Corps of the United States, either Mar. 3, 1891, v. on the active or retired list.: Act of March 3, 1891 (26 Stat. L., 1082).

2261. No person in the Army, Navy, or Marine Corps Both pension shall draw both a pension as an invalid, and the pay of his lowed unless etc. rank or station in the service, unless the disability for 15, 16, 657 which the pension was granted be such as to occasion his s. 2, v. 6, B: 140.

Sec. 4724,R.S. employment in a lower grade, or in the civil branch of the service.

Pensions not allowed to per

26, ,

Title LVII, Revised Statutes. By the terms of section 4722 of the Revised Statutes the provisions of this Title are made applicable to the officers and privates of the Missouri State militia and the Missouri provisional militia in certain cases.

2 The act of March 1, 1893 (27 Stat. L., 524), contains the requirement that no pension shall be paid to a nonresident who is not a citizen of the United States, except for actual disabilities incurred in the service. This statute was repealed by the act of March 2, 1895 (28 Stat. L., 703).

*Section 2 of the act of August 29, 1890 (26 Stat. L., 371), contained the requirement that “Hereafter no officer of the Army, Navy, or Marine Corps on the retired list shall draw or receive any pension under any law.”

Mar. 1, 1879, V.

Soldiers in the civil service.

2262. All persons who, under and by virtue of the first Payment of

section of the act entitled “An act supplementary to the pensions with held.

several acts relating to pensions," approved March third, 20, p. 327.

eighteen hundred and sixty-five, were deprived of their pensions during any portion of the time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six, by reason of their being in the civil service of the United States, shall be paid their said pensions, withheld by virtue of said section of the act aforesaid, for and during the said period of time from the third of March, eighteen hundred and sixty-five, to the sixth of June, eighteen hundred and sixty-six.'

Act of March 1, 1879 (20 Stat. L., 327). The act of June 6, 1866 (14 Stat. L., 57), repealed the requirement of the act of March 3, 1865, depriving certain persons employed in the civil service of the United States of pensions to which they were otherwise entitled.

CHAPTER XLI.

THE SOLDIERS' HOME.

Par.

Par. 2263-2265. Board of commissioners; 2275–2278. Admission and discharge of duties.

inmates. 2266. Inspections.

2279. Outdoor relief. 2267, 2268. Officers, appointment, duties. 2280–2282. Pensions to inmates. 2269-2274. Funds for support of Home. 2283–2286. Miscellaneous requirements.

BOARD OF COMMISSIONERS.

Mar. 3, 1851, c.

2263. The Board of Commissioners of the Soldiers' Board of com:

missioners of the Home shall hereafter consist of the General in Chief com

Soldiers' Home. manding the Army, the Surgeon-General, the Commissary-25,s: ? V: 9:1.595 General, the Adjutant-General, the Quartermaster-General, SAV, 11. p.434 the Judge-Advocate-Generaland the Governor of the Home, Pistsk.s. and the General in Chief shall be President of the Board, and any four of them shall constitute a quorum for the transaction of business; whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the Soldiers' Home at least once in every month. The majority shall also have power to establish, from time to time, regulations for the general and internal direction of the institution, to be submitted to the Secretary of War for approval; and may do any other acts necessary for the government and interests of the same, as authorized by this chapter.' Sec. 10, act of March 3, 1883, (22 Stat. L., 565).

The “Military Asylum for the Relief and Support of Invalid and Disabled Soldiers of the Army of the United States” was established by the act of March 3, 1851 (9 Stat. L., 595) (a). For the support of the institution thus established the following funds were set apart: (a) Any unexpended balance of the appropriation made by the act of March 2, 1847 (9 Stat. L., 149), for the benefit of soldiers disabled by wounds; (b) the sum of $118,791.19, levied by the commanding general of the Army of the United States in Mexico, during the war with that republic, for the benefit of the soldiers of the United States Army, regulars and volunteers, who were engaged in that war, but taken possession of as funds of the United States and placed in the Treasury; (c) all stoppages and fines adjudged against soldiers by sentence of

a The act of Congress establishing the Military Asylum does not constitute the commissioners a cor. poration with capacity to sue and be sued. V Opin. Att. Gen., 398; see note 1 to paragraph 2285, post.

DUTIES OF COMMISSIONERS.

Sites and buildings.

missioners to

22, .

2264. The commissioners of the Soldiers' Home, by and Sec. 8, ibid., P. with the approval of the President, shall procure for immeSec. 1817, R.S. diate use, at a suitable place or places, a site or sites for

the Soldiers' Home, and if the necessary buildings can not be procured with the sites, to have the same erected, haying due regard to the health of the locations, facility of access, and economy, and giving preference to such places as, with the most convenience and least cost, will accommodate the persons entitled to the benefits of the Soldiers'

Home. Board of com- 2265. The board of commissioners of the Soldiers' Home make annual re- shall every year report in writing to the Secretary of War, Mar: 1883, V. giving a full statement of all receipts and disbursements of

money, of the manner in which the funds are invested of any changes in the investments and the reasons therefor, of all admissions and discharges, and generally of all facts that may be necessary to a full understanding of the condition and management of the Home. The Secretary of War shall have power to call for and require any omitted

facts which in his judgment should be stated to be added. Seeretary of This annual report shall be, by the Secretary of War, report, etc., to together with the report of the inspecting officer herein

after provided for, transmitted to Congress at the first session thereafter, and he shall also cause the same to be published in orders to the Army, a copy thereof to be deposited in each garrison and post library. Act of March 3, 1883 (22 Stat. L., 565).

Congress.

court-martial, over and above any amount that may be due for the reimbursement of Government or of individuals; (d) all forfeitures on account of desertion; (e) all moneys, not exceeding two-thirds of the balance on hand of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses of the year; (a) and (f) all moneys belonging to the estates of deceased soldiers, which now are or may hereafter be unclaimed for the period of three years subsequent to the death of said soldier or soldiers, to be repaid by the commissioners of the institution, upon the demand of the heirs or legal representatives of the deceased; (g) there shall also be “deducted from the pay of every noncommissioned officer, musician, artificer, and private of the Army of the United States the sum of 25 cents (0) per month, which sum so deducted shall, by the Pay Department of the Army, be passed to the credit of the commissioners of the asylum, who are hereby authorized to receive all donations of money or property made by any person or persons for the benefit of the institution, and hold the same for its sole and exclusive use." Sec. 7, act of March 3, 1851, 9 Stat. L., 596.

In passing upon recommendations made by the board of commissioners of the Soldiers' Home, under section 4815 of the Revised Statutes, the Secretary of War is invested with discretionary power to approve or disapprove the same. XVII Opin. Att. Gen , 419. a This clause was repealed by section 2 of the act of July 5, 1862. (12 Stat. L., 508.)

The deduction from the monthly pay of enlisted men, fixed at 25 cents per month by section 7, act of March 3, 1851 (9 Stat. L., 596), was reduced to 12 cents by section 7, act of March 3, 1859 (11 Stat. L., 424).

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