23 May 1928 c. 705 45 Stat. 714

CHAP. 705.- An Act Granting pensions and increase of pensions to widows and former widows of certain soldiers, sailors, and marines of the Civil War, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widow or former widow of any person who served in the Army, Navy, or Marine Corps of the United States during the Civil War for ninety days or more, and was honorably discharged from all contracts of service, or regardless of the length of service was discharged for disability incurred in service and in the line of duty, such widow or former widow having been married to the soldier, sailor, or marine prior to the 27th day of June, 1905, who is now or may hereafter attain the age of 75 years and is pensioned as such widow or former widow under the general pension law, or whose name may hereafter be placed on the pension roll under existing laws, shall be paid a pension at the rate of $40 a month, but nothing in this Act shall be construed as decreasing the rate of pension by any other Act.

SEC. 2. That the pension or increase of the rate of pension herein provided for, as to all persons whose names are now on the pension roll, or who are now in receipt of a pension under existing law, shall commence at the rate herein provided, on the fourth day of the month next after the approval of this Act; and as to persons whose names are not now on the pension roll, or who are not now in receipt of a pension under existing law but who may be entitled to a pension under the general pension laws, such pensions shall commence from the date of filing application therefor in the Bureau of Pensions after the approval of this Act in such form as may be prescribed by the Secretary of the Interior: Provided, That the issue of a check in payment of a pension for which the execution and submission of a voucher was not required shall constitute payment in the event of the death of the pensioner on or after the last day of the period covered by such check, and it shall not be canceled, but shall become as asset of the estate of the deceased pensioner.

SEC. 3. That no claim agent, attorney or other person shall demand, receive or accept fees or compensation for the presentation or preparation of any such claim for increase in pension under this Act, or be recognized as agent or attorney in the prosecution or adjudication of a claim for increase under this Act, and any such person who shall violate any of the provisions of this section, or wrongfully witholds from a pensioner the whole or any part of the pension allowed or due a pensioner under this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every offense, be fined not to exceed $500 or imprisonment not to exceed one year, or both, in the discretion of the court.

SEC. 4. That all Acts and parts of Acts in conflict with or consistent with the provisions of this Act are hereby modified and amended only so far and to the extent herein specifically provided and stated.

Approved, May 23, 1928.

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