WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS. STATE OF day of A.D. 18-, before me, a just of the peace within and for the county and State aforesaid, personally came and residents of said county, who being by me duly sworn, depose and say that they are, and for at least years have been, well acquainted with Mrs. who has made application to be placed on the pension rolls of the United States. That they were also acquainted with - her late husband, and knew him for at least years previous to his death. That the said and, to the personal knowledge of deponents, lived and cohabited together as husband and wife, and were so recognized and acknowledged for many years before the death of the husband; and their marriage was never questioned, to the knowledge of deponents. That the said died on the day of -> A.D. 18-, as these deponents well know, having been present at his funeral [or having seen his corpse, after death]. That the said has remained a widow ever since the death of her said husband, within the personal knowledge of deponents. [In case of the second marriage of the widow, and death of her second husband, these facts must also be shown.] Deponents say that they are disinterested witnesses. and (Signatures of Witnesses.) Sworn to and subscribed before me, the day and year aforesaid. And I certify that I know the said to be credible and disinterested witnesses; and that I have no interest in the claim of for a pension. Justice of the Peace, [or other officer authorized to administer oaths.] Here must follow the certificate of the proper officer, under his seal of office, to the official character of the Justice or other officer administering the oath. For FORMS and REGULATIONS relating to POWERS OF ATTORNEY in pension cases, see Chapter XVI. ACT OF MARCH 3, 1837. PENSION OFFICE, March 15, 1837. In a case where the claimant has married after the decease of the husband for whose services she may claim the pension, it can not, under the explanatory act of March 3, 1837, be withheld on account of her last marriage, provided she was a widow on the 4th July, 1836. The latter part of the 6th rule of the regulations of the 9th July, 1836, is not, of course, applicable to such a case. The facts in relation to the marriage of the last husband, and his death, should WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS. be fully set forth in the claimant's declaration. The following is the form of the declaration in such a case: Declaration in order to obtain the Benefits of the third Section of the Act of 4th July, 1836, and of the first Section of the Act of 3d March, 1837. STATE OF 88. clerk, aged day of "" personally appeared before [court, judge or a resident of, in the county of and State of —, years, who, being first duly sworn according to law, doth, on her oath, make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 4, 1836, and the act explanatory of said act passed March 3, 1837: That she was married to, who was [Here insert the particulars respecting the service of the deceased husband for whose services she may claim a pension, as directed in rule No. 4, of the foregoing regulations of July 9, 1836, page 143]. She further declares, that she was married to the said day of -, in the year seventeen hundred and band, the aforesaid died on the on the ; that her hus day of ; that she was ; and that afterwards married to --, who died on the she was a widow on the 4th of July, 1836, and still remains a widow, as will more fully appear by reference to the proof hereto annexed. Sworn and subscribed, on the day and year above written, before The declaration, page 146, for applications under the act of July, 1836, may be used in cases under the act of March, 1837, by making a few slight changes which will be apparent at a glance. The same regulations as are prescribed to be observed in making applications under the act of July 4, 1836, are applicable to the act of March 3, 1837, and the same proof of marriage, death and widowhood, must be made under the latter as under the former act. ACT OF JULY 7, 1838. PENSION OFFICE, July 17, 1838. The following rules, prescribed by the President of the United States, and adopted by the Secretary of War, in order to carry intɔ effect the act of Congress of the 7th July, 1838, entitled "an act WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS. granting half-pay and pensions to certain widows," are published for the information of applicants under that law: 1 1. Applicants must produce the best proof the nature of the case will allow, as to the service of the deceased officer or soldier, and the time when he died. It must be clearly shown in what troop or company, and regiment or corps, he served, and the grade he held. Proof as to service must be had, either from the records of the War Department, the muster rolls, the testimony of commissioned officers, or the affidavits of persons of known respectability. Every applicant will make a declaration, according to the subjoined form, before a Court of Record, setting forth, according to the best of her knowledge or belief, the name and rank of the person on account of whose service the claim is presented; the day, month and year (if possible), when he entered the service, and the time when he left the same; and, if under more than one engagment, the claimant must specify the particular periods, and the rank and name of the officers under whom the service was performed; the town or county and State, in which he resided when he entered the service; whether he was drafted, was a volunteer, or a substitute; the battles, if any, in which he was engaged; the country through which he marched, with such further particulars as may be useful in the investigation of the claim; and also, if the fact be so, that the claimant has no documentary evidence in support of the claim. From the best sources of information evidence must be derived as to the period of the death of the officer or soldier. 2 2. The legality of the marriage, and the time when it took place, must be clearly established; and it must also be shown that the widow was never afterwards married. Record proof, as to the marriage, is always required whenever it can be obtained. In a case where the town, county, parish or family records afford no proof as to the period when the marriage took place, the fact must be estab 1 The declaration of the widow who claims, must be made, in all cases, in open court, unless she is prevented by bodily infirmity from appearing before court. [This regulation, which was established after the passage of the act, has since then been so far relaxed as to allow the declaration to be made before the judge or clerk of a court of record.] 2 It must, in all cases, be shown in what year the husband died. The testimony on this point must be positive, and the language must be free from all ambiguity. WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS. lished by the testimony of one or more respectable persons, whose credibility must be certified by the officer who may administer the oath. And, in order to prevent any mistake or improper use that may be made of the affidavit of an officer who may have the custody of records, from which he may make transcripts of the record in relation to a marriage, the officer who may give his affidavit will, instead of copying the figures contained in the record, certify "that it is a true copy of the record, with the exception of the date, which is expressed on the record in fair legible figures, as follows:" [Here copy the day, month, and year, in letters and figures, in exact conformity with the original.] Then let him add the following words: "I, -, above named, depose and say, that I hold the office of in the county, town, and State aforesaid, and that the above is a true extract from the records of said with the exception above-named, as certified by me. Sworn before me, Justice of the Peace." Clerk of the (or Rector, or Pastor, as the case may be.) And then will follow the certificate of the proper officer, under his seal of office, as to the official character and signature of the magistrate who may administer the oath. Where no record proof exists, other than the family record, the original record must be produced and sworn to by the person in whose possession it has been kept. 1 3. In a case where the service of the deceased officer or soldier is clearly proved by record or documentary evidence, or the affidavit of a commissioned officer, showing the grade and length of service of the deceased, the particulars in relation to the service are not required to be set forth in the claimant's declaration; but she must swear, in positive terms, that she is the widow of the person whose service is proved. And no claim whatever can be sustained without positive proof of service. 4. In every case in which the deceased officer or soldier was a pensioner, the fact should be so stated, and the deceased pensioner 1 The family record must be sent to the Pension Office, if there be no other record, accompanied by the oath of the person in whose possession it has remained. The person who may swear to the genuineness of the record should give the name of the person in whose handwriting the record was made. WIDOWS AND ORPHANS-REVOLUTION-REGULATIONS AND FORMS. so described as to enable the Department to refer immediately to the evidence upon which he was pensioned, and thus facilitate the investigation of the claim of the widow. 5. Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required before a Judge or Justice' [or Clerk or Prothonotary] of a Court of Record in the county in which the applicant resides, and the Judge or Justice will certify that the applicant can not, from bodily infirmity, attend the Court. 6. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of the State or Territory, or of the proper officer or Clerk of the Court or county, under his seal of office, will be annexed, stating that such a person is a Judge, or a Justice of the Peace, and that the signature annexed is his genuine signature. 7. The widows of those who served in the navy, or as Indian spies, will produce proof, as nearly as may be, conformably to the preceding regulations, and authenticated in a similar manner, with such variations as the different nature of the service may require. J. L. EDWARDS, Commissioner of Pensions. Declaration. STATE OF On this clerk of the court [or judge, or court] a court of record within and for said county, pera resident of said county, aged sonally appeared years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed July 7, 1838, entitled "an act granting half-pay and pensions to certain widows:" That she is the widow of - who was a [Here state the rank of the husband, the captain of the company and colonel of the regiment or name of the vessel and her commander, in which he served, the time when he entered the service, time when he was discharged, etc., as directed by rule No. 1 of the regulations. In case her husband was a pensioner at the time of his death it will be sufficient to say]: That she is the widow of who was a the company of [regulars, State troops, volunteers or militia], commanded by Captain in the regiment commanded by Colonel - in the war of the revolution, who was, at the time of his death a pensioner of the United States, under the act of in 1 But not a justice of the peace. Evidence accompanying the declaration may be taken before a justice of the peace. |