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REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS.

regular service. Under the provisions of one of these acts, all pensions for disabilities so incurred, before March, 1861, are allowed and paid. The first named act is the one having the most general application. The benefits of the act of April 10, 1806, granting pensions to invalids of the revolution, were, by act of April 25, 1808, extended to invalids of the regular army, who became disabled after the revolution, and before the passage of the act. This act has, therefore, no relation to cases of disability of recent occurrence.

The act of July 14, 1862, makes the general provision for invalids in the war of 1861, and for those dependent upon them.

SECTION II.

REGULATIONS AND FORMS FOR OBTAINING PENSIONS FOR INVALIDS OF THE REGULAR ARMY.

REGULATIONS.

All persons applying for pensions, by reason of disability incurred in the line of duty while in the military service of the United States, must make a declaration, under oath (or affirmation), before some court of record,' setting forth the age and residence of the claimant; the service in which he was engaged; the time, place, and manner of incurring the disability alleged, with its precise character; and the date of his discharge; together with a statement of his residence and occupation since leaving the service.

In support of the averments of such declaration, the following rules must be observed in presenting the testimony:

1. The claimant's identity must be proved by two witnesses, certified by a judicial officer to be respectable and credible, who are present and witness the signature of the declaration, and who state, upon oath (or affirmation), their belief, either from personal acquaintance or for other reasons given, that he is the identical person he represents himself to be.

1 Or before a judge or clerk of such court. As to what is a court of record, see" OPINIONS AND DECISIONS," Chapter XV, page 266.

REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS.

2. The applicant must, if in his power, produce the certificate of the captain, or of some other commissioned officer, under whom he served, distinctly stating the time and place of the said applicant's having been wounded, or otherwise disabled, and the nature of the disability; and that the said disability arose while he was in the service of the United States and in the line of his duty.

3. If it be impracticable to obtain such certificate, by reason of death or removal of said officers, it must be so stated in the declaration of the applicant, and his averment of the fact proved by persons of known respectability, who must state particularly all the knowledge they may possess in relation to such death or removal. 'Then secondary evidence can be received. In such case the applicant must produce the testimony of at least two credible witnesses (who were in a condition to know the facts about which they testify), whose good character must be vouched for by a judicial officer, or by some one known to the Department. These witnesses must give a minute narrative of the facts in relation to the matter, and must show how they obtained a knowledge of the facts to which they testify.

4. The surgeon's certificate of discharge should show the character and degree of the claimant's disability, but when that is wanting, and when the certificate of an army surgeon is not obtainable, the certificate of two respectable civil surgeons will be received, in accordance with the form. These surgeons must give, in their certificate, a particular description of the wound, injury or disease, and specify how and in what manner his present condition and disability are connected therewith. The degree of disability must also be stated.

5. The habits of the applicant, and his occupation, since he left the service, must be shown by at least two credible witnesses.

6. All evidence should be verified by oath, before a judge of the United States Court, or some judge or justice of the peace, or other officer of a State, having authority to administer oaths for general purposes; and, if verified before an officer of any State, his official character must be duly authenticated; and such officer must, in all cases, certify that he is not interested in the prosecution of the claim.

7. Attorneys for claimants must, in all cases, have proper authority from those in whose behalf they appear. Powers of attorney

REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS.

must be signed in the presence of two witnesses, and acknowleged before a duly qualified officer, whose official character must be properly shown. JOSEPH H. BARRETT, Commissioner.

FORMS.

Form of Application for an Invalid Pension.

STATE OF

Set.

County of

in the

On this of A. D. one thousand eight hundred and personally appeared before [here insert the name of the court, or the official character of the person administering the oath], within and for the county and State aforesaid, aged years, a resident of, in the State of who, being duly sworn according to law, declares that he is the identical who enlisted in the service of the United States as a in the company commanded by· regiment of U. S. infantry (or cavalry, or other corps), [here describe what war or other service declarant was engaged in], and was honorably discharged on the day of in the year, as will appear by his certificate of discharge herewith presented; 1 that, while in the service aforesaid, and in the line of his duty, he received the follow ing wound (or other disability, as the case may be.) [Here give a particular and minute account of the wound or other injury, and state how, when and where it occurred, where the applicant has resided since leaving the service, and what has been his occupation.]

[Should the applicant be unable to obtain the certificate of an officer, respecting his disability, insert here the following: He further says, that Captainwho commanded said company is dead [or has removed to parts unknown; or, resides at, and the great distance at which he resides from deponent renders it impracticable to obtain his certificate]; that first Lieutenant of said company [here enter into particulars of death, removal, etc., as in the case of captain]; and second Lieutenant [here give particulars of death, removal, etc.]; and he is, therefore, unable to procure a certificate of disability from one of them in support of this his declaration.]

his

He makes this declaration for the purpose of obtaining the benefit of the invalid pension laws of the United States; and hereby appoints attorney, to prosecute this claim, and procure a certificate of pension in accordance herewith.

(Signature of claimant.)

1 If no discharge received, say: but no certificate of discharge was ever received by deponent. If discharge lost or destroyed, say: a certificate of which discharge was at the time received by deponent, but which was afterwards- [state particulars of loss or destruction.]

REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS.

Also personally appeared and ―, residents of the (county, city or town), persons whom I certify to be respectable and entitled to credit, and who, being by me duly sworn, say that they were present and saw sign his name (or make his mark) to the foregoing declaration; and they further swear, that they have every reason to believe, from the appearance of the applicant and their acquaintance with him, that he is the identical person he represents himself to be, that they reside as above stated, and are disinterested in this claim for a pension; that since leaving the service of the United States, as aforesaid, his habits have been uniformly good, and his occupation

(Witnesses' Signatures.)

Sworn to and subscribed before me; and I certify that I am not interested in this claim or concerned in its prosecution; that know the affiants to be credible witnesses, and the claimant is the person he represents himself to be.

(Signature of Judge or Clerk.)

This declaration must be made before a Court of Record, or a Judge or a Clerk of such Court. Accompanying testimony may be taken before any officer authorized to administer oaths, generally. See, as to other FORMS OF CERTIFICATE, etc., Chapter IV, Sec. II.

For REGULATIONS and FORMS relating to POWERS OF ATTORNEY, see, Chapter XVI.

Captain's Certificate of Soldier's Disability.

18-.

I, -, captain of company

of the

hereby certify that I am acquainted with

regiment of regulars, do who was a member of my

day of 18—,

company, and as I am informed is an applicant for an invalid pension. That the said was mustered into service on or about the 18-, and discharged for disability about the day of having become disabled from doing duty as a soldier, from, on or about the day of 18-, while in the service of the United States, and in the line of his duty as a soldier, in the manner and at the place, as follows: [Here state fully the time, place and manner in which the wound or other injury, or sickness, was incurred.] That the said soldier was in good health at the time he entered the service, and the disability above referred to affected him while in the service and at his discharge, as follows: [Here state the nature and effect of the disability.]

(Signature.)

REGULARS, SINCE REVOLUTION-REGULATIONS AND FORMS.

STATE OF
County of

Surgeon's Affidavit to Disability of Invalid.

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88.

It is hereby certified that - late a in the company commanded by Captain in the regiment of United States infantry [or cavalry or other corps], commanded by Col. -; is rendered incapable of performing the duty of a soldier, by reason of wounds received [or disease contracted] while he was actually in the service aforesaid, and in the line of his duty, as follows:

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By satisfactory evidence and accurate examination, it appears that on or about the day of 18-, being engaged at a place called - in the State of he was disabled in the manner following, viz: [Here state fully the manner in which the disability was incurred, its nature, and how it affects the invalid]; and he is thereby not only incapacitated for military duty, but, in the opinion of the undersigned, is totally [or three fourths; or one half; or one third; as the degree of disability may be] disabled from obtaining his subsistence by manual labor.

(Signatures of two Surgeons.) I certify that, on the day of————, 18—, and whom I know to be physicians reputable in their profession, appeared before me, a justice of the peace [or other officer] within and for said county of, and subscribed the foregoing affidavit, and made oath to the contents of the same, in due form of law. I further certify that I am not interested in the pension claim of the said or concerned in its prosecution.

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said, do hereby certify that before whom the foregoing affidavits were made, and who has thereunto signed his name, was at the time of so doing ໃນ in and for said county, duly commissioned and sworn, that all his official acts are entitled to full faith and credit, and that his signature thereto is genuine.

[L. S.] In testimony whereof, I have hereunto signed my name and affixed my official seal, this day of

18-.

Clerk.

Affidavit of Witnesses, when Certificate of Captain, or other Commissioned Officer, can not be obtained.

THE STATE OF

"County", }

88.

On this day of-, before the undersigned, a— within and for said county, personally appeared-and-, residents of said county, who being by me first sworn according to law, say, that they are well acquainted with —, whose

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