Chap. 134.—An ACT to amend and re-enact section 1, section 2, as amended
by an act of the general assembly approved March 15, 1904, and sections 7
12, 16, 18, and 20 of an act entitled “‘an act to aid the citizens of Virginia
who were disabled by wounds received during the war between the States
while serving as soldiers, sailors, or marines of Virginia, and such as served
during the said war as soldiers, sailors, or marines of Virginia, who are
now disabled by disease contracted during the war or by the infirmities of
old age, and the widows of soldiers, sailors or marines who lost their lives
in said service or whose death resulted from wounds received or disease
contracted in said service, and providing penalties for violating the pro-
visions of this act.”

Approved March 10, 1906.

1. Be it enacted by the general assembly of Virginia, That section
one, section two, as amended by an act of the general assembly approved
March fifteenth, nineteen hundred and four, and sections seven, twelve.
sixteen, eighteen and twenty of an act entitled “an act to aid the citizens
of Virginia who were disabled by wounds received during the war between
the States while serving as soldiers, sailors or marines of Virginia, and
such as served during the said war as soldiers, sailors or marines of
Virginia, who are now disabled by disease contracted during the war or by
the ‘infirmities of age, and the widows of soldiers, sailors or marines of

Virginia, who lost their lives in said service or whose death resulted
from wounds received or disease contracted in said service, providing
penalties for violating the provisions of this act,” be amended and re-
enacted so as to read as follows:

§1. Be it enacted by the general assembly of Virginia, That there
shall be paid out of the treasury of Virginia, upon the warrants of the
auditor of public accounts, annually, on or before the first day of Sep-
tember, in each year, the amounts hereinafter specified to the persons
hereinafter designated, described and classified, who, at the time appli-
cation is made for aid under this act shall be citizens and bona fide resi-
dents of Virginia, and, except as otherwise provided in section two, shall
have actually resided in this State for two vears, and in the county or
city from which such application is certified, for one year, and who shall
make application for such aid, and furnish the proofs and comply with
the other requirements of this act, as hereinafter specified and required—
to-wit:

Class A.—'To every person who has lost two eyes, or two feet, or two
hands, or a hand and a foot, by reason of wounds received, or surgical
operation therefor, while in the discharge of his duty as a soldier, sailor,
or marine of Virginia in the war between the States, and any such as
have become totally blind from disease, the sum of one hundred dollars
per annum. ,

Class B.—To every person who has lost an arm, or a leg, or a foot, or
a hand, while in the discharge of his duty as a soldier, sailor, or marine
of Virginia in the said war, the sum of fifty dollars per annum.

Class C.—To every person who is disabled by wounds received,
surgical operation therefor, while in the discharge of his duty as a
soldier, sailor, or marine of Virginia in the said war, or is disabled by
disease. if such disability be proven to be total, the sum of thirty dollars
per annum, and if such disability be proved to be partial, the sum of
fifteen dollars per annum.

Class D.—To every person over the age of sixty-five years who was
loyal and true as a soldier, sailor or marine of Virginia during the said
war, and who by reason of the infirmities of age has become disabled and
incapable of earning a livelihood, if such disability be proven to be total,
the sum of thirty dollars per annum, and if such disability be proven to
be partial, the sum of fifteen dollars per annum.

Class E.—To every widow, remaining unmarried, of any soldier, sailor,
or marine of Virginia, whose husband lost his life while in the dis-
charge of his duty in the military or naval service of Virginia during the
said war, the sum of forty dollars per annum.

Class F.—To every widow of any soldier, sailor, or marine of Vir-
ginia, whose husband was loyal and true in the military or naval service
of Virginia during the said war and has since died, the said widow having
remained unmarried to the time of her application for aid, the sum of
twenty-five dollars per annum.

2. This act shall apply to every citizen of Virginia who was a resident
thereof April first, eighteen hundred and sixty-one, and to the widows
of such as are dead, and to the soldiers, sailors, and marines of other
States composing the Confederate States, that allow pensions to former
citizens of Virginia who were in said service, who have been bona fide and
continuous actual residents of Virginia for five years next before the
passage of this act, as hereinbefore classified, who entered from this or
any other State, in the military service of the Confederate States, and
who is or shall be at the date of his or her application, for the benefits
of this aet. a citizen and actual resident of Virginia, as hereinbefore
provided, but no person holding a national, State or county office, which
pays a salary of one hundred and fifty dollars per annum, or whose in-
come from any employment or source whatever is one hundred and fifty
dollars per annum, or who receives from any source whatever money or
other means of support, amounting in value to one hundred and fifty
dollars per annum, or who owns in his or her own right, or where there
is held in trust for his or her benefit. or where the wife owns, or there is
held in trust for her benefit, estate or property, either real, personal, or
mixed, in fee or for life, of the assessed value of five hundred dollars, or
who is in receipt of aid or a pension from any other State, or from the
United States, or from any other source, or who is an inmate of a sol-
diers’ home, or any other public institution, shall be entitled to the
benetit of this act. But a soldier, sailor or marine who lost an arm or
leg while in the service of the Confederate States shall have the amount
hereinbefore provided for him, unless he or his wife has an estate of the
assessed value of one thousand dollars: provided, that the actual amount
due or unpaid upon any deed of trust or mortgage to secure the payment
of a debt, shall be deducted from the assessed value of the property of
claimants under this act.

7. That no application shall be allowed, nor shall any aid be given or
pension paid, in any case. to any soldier, sailor, or marine, or to the

widow of any soldier, sailor, or marine under the provisions of this act
where it shall appear that any such soldier, sailor, or marine deserted his
command, or voluntarily abandoned his post of duty, or the said service,
during the said war; nor shall any application be allowed, nor any aid
be given, nor any pension paid to any widow of any soldier, sailor. or
marine aforesaid who shall have been married to any such soldier. sailor,
or marine after May first, eighteen hundred and sixty-six, nor to any
such widow, who, since the death of any such soldier, sailor, or marine.
being her husband, has again married, or who shall hereafter marry: nor
to any such widow who was or has been divorced from any such soldier,
sailor, or marine, being her husband; nor to any widow who voluntarily
abandoned, and without cause, any such soldier, sailor, or marine. being
her husband, and continued to live separately from him up to the date
of his death; nor to any such soldier, sailor, or marine who served as a
substitute for another, nor to the widow of such substitute.

12. That there shall be appointed by the circuit court of each county
in term time or vacation and by the corporation or hustings court of each
city, or by the judge thereof in vacation, immediately after the approval
of this act, and in the month of January in each year thereafter, a board
of three commissioners, residents of such county or city, none of whom
shall be either State, city, or county officers, and any two of whom may
act, and two of whom shall be ex-Confederate soldiers, and all of whom
shall be freeholders and persons of good reputation, who are to serve
without compensation, and to constitute a board, whose duty it shall be
to examine into the merits of the applications, a list of which shall have
been furnished them by the clerk of the said court, as hereinbefore pro-
vided, and who shall, if there be any just cause against the allowance of
any claim, on the first day of the next succeeding regular term of any
such court, make a report in writing to the said court, setting forth the
objections to the allowance of any claim so referred to them, and furnish
to the said court such information or testimony as they may have in sup-
port of any such objection, and whose duty it shall be also, on or before
the fifteenth day of February in cach year, to meet in the clerk’s office of
such court, and examine the pension roll certified to the clerk by the
auditor of public accounts, under the provisions of this act, and report,
in writing, to the said court, or the judge thereof in vacation, the names
of such pensioners as have died during the preceding year, as also the
names of such pensioners as should be dropped from the said roll because
improperly placed thereon, and the reasons why such pensioners should
be dropped and the evidence in support of the same. And the said
court, or the judge thereof in vacation, shall forthwith cause, by rule or
other process, any pensioner who is so reported to be improperly placed
upon the pension roll to appear before the said court, or the judge thereof
in vacation, to show cause why his or her name should not be stricken
off, and further aid to him or her discontinued, under the provisions of
this act, and if, after a full hearing, the said court or the judge thereof
he satisfied that the said applicant is improperly on the pension roll, shall
certify that fact to the auditor of public accounts. and shall also
certify a list of those who have been reported as having died during the
preceding year. Any pensioner whose name shall be so dropped from the
pension roll may apply to be restored to said roll, as hereinbefore pro-
vided in the case of an original applicant. The said board of commis-
sioners shall organize immediately after their appointment by the elec-
tion of one of their number as chairman, who shall preside over the
meetings of the board, and perform such other duties as the board may
prescribe ; and the members of said board are hereby authorized and em-
powered to administer any oath required under this act.

16. That after an application has been once so passed, approved and
allowed, it shall only be necessary for the applicant, annually thereafter,
on or before the first day of July, to file with the auditor of public ac-
counts an affidavit of the applicant, supported by the oaths of two wit-
nesses of well-known reputation for truth, honesty, and integrity, made
hefore some officer in this State authorized by its laws to administer an
wath, and the certificate of the commissioner of the revenue as required
inform number one. The affidavit of the applicant, and the oaths of the
witness, and the certificates of such officer thereto, shall be in the form
and substance following—to-wit :

. , of the county of ————_—., in the State of Vir-
¢inia, do solemnly swear that I am the identical person named in original
application, dated on the ————_—— day of ——___—, 19 , and

who filed the said application for aid as a (soldier, sailor, or marine), or
(widow of a deceased soldier, sailor, or marine), of Virginia, in the ser-
vice of the said State, or of the Confederate States, during the war be-
tween the States, and that I am now an actual resident of the county
of —_______, in the said State (if a widow, and that I have not
married since the date of the filing of my application), and that I do
not hold any national, State, city, dr county office which pays me in salary
or fees one hundred and fifty dollars per annum; nor have I an income
from any other employment, or other source whatever, which amounts to
one hundred and fifty dollars per annum; nor do I receive from any
source whatever money or other means of support amounting in value to
the sum of one hundred and fifty dollars per annum; nor do I own in my
own right, nor does any one hold in trust for my benefit or use, nor docs
my wife own nor does any one hold in trust for her benefit, either real.
personal or mixed property or estate, either in fee or for life, of the
assessed value of five hundred dollars; nor do I receive any aid or pen-
sion from any other State, or from the United States, or from any other
source, and that I am not an inmate of a soldiers’ home or any other
public institution (if a widow), and I am without any means of support.
either direct or indirect.

Subscribed and sworn to before me, ————————,, in and for the
vounty of ——_———, this day of ———_, 190—.
We, —————. and ———_—_, of the county of ————, in the State

of Virginia, do solemnly swear that we are are personally acquainted
with —__——, whose name is signed to the annexed jurat, and that the
said ————— is still living, and that we verily believe the statements
contained in the annexed affidavit to be true.

Subscribed and sworn to before me ——-——, in and for the
of ————., and I do certify that the said ————— and ————-——.
whose names are signed to the annexed jurat, are persons of well-known
reputation for truths honesty, and integrity, and residing in the said

And it shall be the duty of the auditor of public accounts, on or be-
fore the first day. of March in each year to mail to each pensioner, upon
the said pension roll, the forms prescribed in this section, with instruc-
tions how the same shall be executed and returned to his office, and he
shall not pay to any pensioner upon the said roll the amount allowed
him under the provisions of this act until the provisions of this section
have been complied with. And the auditor shall strike from the pen-
sion roll the names of all pensioners whose income exceeds one hundred
and fifty dollars, or whose property exceeds, in assessed value, five hun-
dred dollars, as hereinbefore provided. 2

18. That for the proper discharge of his duties under this act the
auditor of public accounts shall employ, and fix the compensation of
such clerical help as he may necd to carry out the provisions of this act.
The cost of such clerical help and the expense of printing, postage, books.
and advertisement provided by this act, shall be paid out of the sum of
money heretofore appropriated, not to exceed, however, the sum of feur
thousand dollars annually.

20. From the amount heretofore appropriated for the fiscal year end-
ing February twenty-eighth, nineteen hundred and seven, and for the
fiscal year ending February twenty-ninth, nineteen hundred and eight.
the auditor of public accounts shall first pay in full the pensions of all
persons upon the pension rolls under or by virtue of the pension act ap-
proved March fifth, eighteen hundred and eighty-eight, whose names
have not been stricken therefrom under the provisions of this act; and,
second, pay in full the pensions of all persons upon the pension rolls
under or by virtue of any special act or relief heretofore passed by the
general assembly and approved, whose names have not been stricken
therefrom under the provisions of this act; and, third, if there remain
sufficient, pay in full the pensions of all persons upon the pension rolls
under or by virtue of the pension act approved March seventh, nineteen
hundred, and of this act, whose names have not been stricken therefrom
under the provisions of this act, and if there be not sufficient to pay them
in full, then the auditor shall distribute the residue of said appropriation
pro rata among the said pensioners under the said act of nineteen hun-
dred and of this act, having regard to the amount each is entitled to
receive according to the classification prescribed by section one of this

act, whose claims have been filed in his office prior to August first in each
and every year.
2. In order that the pensioners may receive the benefit of the pro-
visions of this act for the year ending September thirtieth, nineteen hun-
dred and six, an emergency exists for its immediate operation, and there-
fore it shall take effect from its passage.