LAWS AND DECISIONS OF THE COURTS RELATING TO WAR CLAIMS. ACCOUNTS OF DECEASED OFFICERS OR ENLISTED MEN OF THE ARMY. [Vol. 34 Stat. L., p. 750.] [Extract from an act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1907, and for other purposes.] * * * * * deceased offi ed men. Hereafter, in the settlement of the accounts of decased officers or enlisted men of the Army, where the amount Amounts due due the decedent's estate is less than five hundred dollars cers and enlistand no demand is presented by a duly appointed legal representative of the estate, the accounting officers may allow the amount found due to the decedent's widow or legal heirs in the following order of precedence: First, Distribution to the widow; second, if decedent left no widow, or the widow be dead at time of settlement, then to the children or their issue, per stirpes; third, if no widow or descendants, then to the father and mother in equal parts, provided the father has not abandoned the support of his family, in which case to the mother alone; fourth, if either the father or mother be dead then to the one surviving; fifth, if there be no widow, child, father, or mother at the date of settlement, then to the brothers and sisters and children of deceased brothers and sisters, per stirpes: Provided, That this Act shall not be so construed as to prevent payment from the amount due the decedent's penses. estate of funeral expenses, provided a claim therefor is presented by the person or persons who actually paid the same before settlement by the accounting officers. Proviso. ARMY OFFICERS AND ENLISTED MEN. LAWS TO PROVIDE FOR THE MUSTER AND PAY OF CER- [14 Stat. L., p. 368.] JOINT RESOLUTION for the relief of certain officers of the Army. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assem (5) Certain commissioned offi cers actually duty, but not entering on mustered in within, etc., to bled, That in every case in which a commissioned officer actually entered on duty as such commissioned officer, but by reason of being killed in battle, capture by the enemy, or other cause beyond his control, and without fault or have full pay neglect of his own, was not mustered within a period of from what date. not less than thirty days, the Pay Department shall allow to such officer full pay and emoluments of his rank from the date on which such officer actually entered on such duty as aforesaid, deducting from the amount paid in accordance with this resolution all pay actually received by such officer for such period. Heirs, etc., of such officers to sions. SEC. 2. And be it further resolved, That the heirs or receive arrears legal representatives of any officer whose muster into of pay and pen-service has been or shall be amended hereby, shall be entitled to receive the arrears of pay due such officer or the pension provided by law for the grade into which such officer is mustered under the provisions of the first section of this resolution. Approved, July 26, 1866. Officers rea com iving a commission to be considered as of the grade named therein from date of commission. Proviso. [16 Stat. L., p. 385.] JOINT RESOLUTION amendatory of "Joint resolution for the relief of certain officers of the Army," approved July 26, 1866. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That joint resolution entitled "Joint resolution for the relief of certain officers of the Army," approved July twenty-six, eighteen hundred and sixty-six, shall be so construed and amended that in all cases arising under the same, the person to whom the commission shall have issued shall be considered as commissioned to the grade named therein from the date when the commission was issued by competent authority, and entitled to all pay and emoluments as if actually mustered at that date: Provided, That at the time of the issuing of the same he was performing the duties of the grade to which he was commissioned, or from such time after the issuing of his commission as he may have actually entered upon such duties. SEC. 2. And be it further resolved, That persons held be considered as prisoners of war by the enemy, or who may have been as performing in hospital by reason of wounds or disability at the time duties of grade, of the issuing of their commissions, shall be entitled to the same pay, emoluments, and benefits under this resolution as if actually performing the duties of the grade to which they were commissioned. Those prisoners of war, or in hospital to etc. SEC. 3. And be it further resolved, That this resolution shall not be construed to apply to cases in which, under the laws and army regulations existing at the time, there could have been no lawful muster into service, even after the actual receipt of the commission. Approved, July 11, 1870. [23 Stat. L., p. 34.] AN ACT to provide for the muster and pay of certain officers and enlisted men of the volunteer forces. the grade from date com ing commission Proviso. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution approved July eleventh, Officers to be eighteen hundred and seventy, entitled "Joint resolution considered of amendatory of joint resolution for the relief of certain named therein officers of the Army," approved July twenty-sixth, eight-missioned een hundred and sixty-six, is hereby so amended and whether receivshall be so construed that in all cases arising under the or not. same any person who was duly appointed and commissioned, whether his commission was actually received by him or not, shall be considered as commissioned to the grade therein named from the date when his commission was actually issued by competent authority, and shall be entitled to all pay and emoluments as if actually mustered at such date: Provided, That at the date of his commission he was actually performing the duties of the grade to which he was so commissioned, or, if not so performing such duties, then from such time after the date of his commission as he may have actually entered upon such duties: And provided further, That any person held as a prisoner Prisoners of of war, or who may have been absent by reason of wounds war, etc., in or in hospital by reason of disability received in the serv- in grade to ice in the line of duty, at the date of his commission, if a sioned entitled vacancy existed for him in the grade to which so com- to pay, missioned, shall be entitled to the same pay and emoluments as if actually performing the duties of the grade to which he was commissioned and actually mustered at such date: And provided further, That this act and the Proviso; to resolution hereby amended shall be construed to apply where commisonly in those cases where the commission bears date prior sion is prior to to June twentieth, eighteen hundred and sixty-three, or etc. after that date when their commands were not below the minimum number required by existing laws and regulations: And provided further, That the pay and allowances actually received shall be deducted from the sums to be paid under this act. case of vacancy which commis etc. apply to cases June 20, 1863, Heirs to receive arrears of pay and pen SEC. 2. That the heirs or legal representatives of any officer whose muster into the service has been or shall be amended hereby shall be entitled to receive the arrears of sions. pay due such officer, and the pension, if any, authorized by law, for the grade into which such officer is mustered under the provisions of this act. after three SEC. 3. That all claims arising under this act shall be Claims barred presented to and filed in the proper Department within years. three years from and after the passage hereof, and all such claims not so presented and filed within said three years shall be forever barred, and no allowance ever made thereon. to be recovered SEC. 4. That the pay and allowances of a rank or grade Pay, etc., not paid to and received by any military or naval officer in by reason of degood faith for services actually performed by such officer fect in title, in such rank or grade during the war of the rebellion shall ment. etc., in appoint not be charged to or recovered back from such officer because of any defect in the title of such officer to the office, rank, or grade in which such services were so actually performed. Approved, June 3, 1884. Date of com [24 Stat. L., p. 337.] AN ACT to amend an act entitled "An act to provide for the muster and pay of certain officers and enlisted men of the volunteer forces," approved June third, eighteen hundred and eighty-four. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asmission to cer- sembled, That section one of "An act to provide for the tain volunteers. muster and pay of certain officers and enlisted men of the volunteer forces," approved June third, eighteen hundred and eighty-four, be, and is hereby, amended so as to read as follows: To receive pay from date Provisos. If vacancy existed, or duties were performed. 6 "That the joint resolution approved July eleventh, of commission. eighteen hundred and seventy, entitled Joint resolution amendatory of joint resolution for the relief of certain officers of the Army,' approved July twenty-sixth, eighteen hundred and sixty-six, is hereby so amended and shall be so construed that in all cases arising under the same, any person who was duly appointed and commissioned, whether his commission was actually received by him or not, shall be considered as commissioned to the grade therein named from the date from which he was to take rank under and by the terms of his said commission, and shall be entitled to all pay and emoluments as if actually mustered at that date: Provided, That at the date from which he was to take rank by the terms of his commission there was a vacancy to which he could be so commissioned and that he was actually performing the duties of the grade to which he was so commissioned, or if not so performing such duties, then from such time after the date of his commission as he may have actually entered upon Prisoners of such duties: And provided further, That any person held as a prisoner of war, or who may have been absent by reason of wounds or in hospital by reason of disability received in the service in the line of duty, at the date of his commission, if a vacancy existed for him in the grade to which so commissioned, shall be entitled to the same pay and emoluments as if actually performing the duties of the grade to which he was commissioned and actually mustered at such date: And provided further, That this act and the resolution hereby amended shall be construed to apply only in those cases where the commission bears date prior to June twentieth, eighteen hundred and sixtythree, or after that date when their commands were not below the minimum number required by existing laws Pay received and regulations: And provided further, That the pay and allowances actually received shall be deducted from the sums to be paid under this act." Approved February 3, 1887. war or disabled officers. to be deducted. |