CHAP. 430.—An ACT to amend and re-enact an act approved March 12,
1912, entitled an act to consolidate into one act, all acts relating to
Confederate pensions, and to repeal all acts, and parts of acts, m
conflict herewith. (H. B. 455.)

Approved March 21, 1916.

1. Be it enacted by the general assembly of Virginia, That
an act approved March twelfth, nineteen hundred and twelve,
entitled an act to consolidate into one act all acts relating to
Confederate pensions and to repeal all acts, and parts of acts,
in conflict herewith be amended and re-enacted so as to read
as follows:

Section 1. To whom pensions paid; classification—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, the amounts herein-
after specified to the persons hereinafter designated, described
and classified, who, at the time application is made for aid under
this act, shall be citizens and bona fide residents of Virginia, and
shall have actually resided in this State for five years, 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 the Confederate
States in the war between the States, and any such as have be-
come totally blind, one hundred and eighty dollars.

Class B. To every person who has lost a foot, or a hand,
while in the discharge of his duty as a soldier, sailor or marine
of the Confederate States, in the said war, the sum of eightvy-
five dollars. :

Class C. To every person who is disabled by wounds re-
ceived, or surgical operation therefor, while in the discharge of
his duty as a soldier, sailor, or marine of the Confederate States
in the said war, or is disabled by disease, if such disability be
proven to be total, the sum of fifty dollars per annum, and if
such disability be proven to be partial, the sum of thirty-five
ollars.

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

Class E. To every widow, remaining unmarried, of any sol-
dier, sailor, or marine of the Confederate States, whose husband
lost his life while in the discharge of his duty in the military or
naval service of the Confederate States during the said war, who
1s now a widow, although she may have married again, the sum
of fifty dollars.

Class F. To every widow of any soldier, sailor or marine of
the Confederate States, whose husband was loyal and true in
the military or naval service of the Confederate States, during
the said war and has since died, who is now a widow, although
she may have married again, the sum of thirty-three dollars.

Class G. To every matron who served in a Confederate hos-
pital, as provided in section four of this act, the sum of fifty
dollars.

Class H. To personal representatives of deceased pension-
ers, aS provided in section five of this act, a sum not exceeding
twenty-five dollars.

Sec. 2. Pensioners classed as partially disabled may be re-
rated.—Any old soldier now on the pension rolls, or who shall
hereafter be placed thereon, and classed as partially disabled
may, if such pensioner shall thereafter become totally disabled,
make application to be re-rated and placed on said rolls under
the class of totally disabled pensioners. If said application be
approved, the applicant shall be placed on the rolls under the
class of totally disabled pensioners, and receive the sum now or
hereafter provided by law to be paid to totally disabled pension-
ers. In ascertaining whether such applicant has become totally
disabled, the same proof and certificates concerning such disa-
bility shall be required as is required for an original application
for a pension.

Sec. 3. Construction of total and partial disability.—That
total disability within the meaning of this act shall be proved to
be such as wholly incapacitates the applicant for following his
usual and ordinary occupation, or any other occupation, for a
livelihood, and partial disability, within the meaning of this act,
shall be proved to be such as seriously and materially impairs the
capacity of the applicant for following his usual and ordinary
occupation, or any other occupation, for a livelihood.

Sec. 4. Pensioning matrons who served in confederate hos-
pitals——Any woman who served as a matron in a Confederate
hospital for a period of twelve months during the war between
the States, shall be allowed the sum of fifty dollars per annum.
But if the said person has real estate, the assessed value of
which is seven hundred and fifty dollars or an income of two
hundred dollars per annum, or if she be a married woman and
her husband has real estate of that value or an income of that
amount, the said person shall not have the benefit of this act.

No person shall become nor continue a beneficiary under
this act who is already receiving a pension as the widow of a
Confederate soldier, or who shall hereafter secure a pension as
such.

The said person shall make application for a pension before
the pension board; and when she shall have produced proof
sufficient to satisfy the said board that she comes within the re-
quirements of this act, the said board shall allow her the said
sum of fifty dollars, which shall be certified to the auditor of
public accounts for payment, endorsed by the chairman and
clerk of said board.

That after the pension has once been allowed the pensioner
may annually thereafter appear before the clerk of the county
or corporation court in which the said pensioner resides, or
some other person qualified to administer an oath, and make af-
fidavit that she is still entitled to a pension under the require-
ments of this act.

Sec. 5. Funeral expenses of Confederate pensioners.—
Upon the certificate of the clerk of the circuit court of any county
or the corporation or hustings court of any city that upon re-
liable information under oath, of the death of any Confederate
pensioner now on the pension roll of this State, or who may
hereafter be placed on said roll, it shall be the duty of the
auditor of public accounts to issue his warrant for actual funeral
expenses of deceased in favor of the duly qualified personal rep-
resentative of such pensioner, payable at the time the next en-
suing pension instalment would have been due said pensioner
had he or she lived. The amount paid for funeral expenses shall
not exceed the annual pension to which said pensioner was en-
titled at the time of his or her death, and in no case shall the
said payment exceed twenty-five dollars.

Provided, that when a qualification of a personal representa-
tion of a Confederate pensioner is had for the sole purpose of
obtaining from the State treasury the sum allowed to defray
the funeral expenses of such deceased Confederate pensioner,
then, and in that event, such grant of administration shall be
exempt from the tax imposed thereon by section twelve of the
tax law.

Sec. 6. Application of act.—This act shall apply to everv
citizen of Virginia who was a resident thereof April first, eigh-
teen hundred and sixty-one, and to widows of such, and to the
soldiers, sailors and marines of other States composing the Con-
federate States, that allow pensions to former citizens of Vir-
ginia who were in said service, who have been bona fide and
continuous actual residents of Virginia, for five years next be-
fore the date of application for pension and who entered from
this or any other State in the military or naval service of the
Confederate States, and who is or shall be at the date of his or
her application, for tne benefits of this act, a citizen and actual
resident of Virginia, as hereinbefore provided, but no person
holding a national, State, city or county office, which pays a
salary or fees amounting to two hundred dollars per annum or
whose income from any source whatever is two hundred dollars
per annum, or who receives from any source whatever money or
other means of support, amounting in value to two hundred dol-
lars per annum, or who owns in his or her own right, or where
there is held in trust for his or her own 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 one thousand dollars, or who is in receipt
of a pension from any other State, or from the United States,
or of necessary aid from any source whatever, or who is an in-
mate of a solaiers’ home, shall be entitled to the benefits of this
act. But a soidier, sailor or marine who is entitled to be placed
in class A or B shall have the amount hereinbefore provided for
him, unless he or his wife has an estate of the assessed value
of one thousand dollars, but also that a soldier, sailor or marine
who has reached the age of eighty years shall have the amount
hereinbefore provided for him, unless he or his wife shall have
an estate of the assessed value of fifteen hundred -dollars, pro-
vided, that the actual amount due or unpaid upon any deed of
trust or mortgage to secure the payment of a debt, shall be de-
ducted from the assessed value of the property of claimants
under this acc.

In computing the value of the estate held by any person or
for his or her benefit under this section, all property conveyed
by deed for consideration not deemed valuable in law or parted
with by gift since April second, nineteen hundred and eleven,
shall be considered as his or her estate, but no increase in the
assessed value of real estate or personal property hereafter made
shall operate to prevent any pensioner on the roll from receiv-
ing his or her pension provided for in this act, unless the value
the property so assessed exceeds the sum of fifteen hundred

ollars.

Sec. 7. Requisites to entitle person to pension.—Before any
person shall be entitled to the benefits of this act, or receive the
aid hereby provided for, he or she shall file in the clerk’s office
of the circuit court of the county, or in the clerk’s office of the
corporation or hustings court of the city wherein he or she may
reside, at least twenty days before any regular term of the said
court, an application for relief under this act, subscribed and
sworn to by such applicant before some officer authorized by the
aws of Virginia to administer an oath, supported and accom-
panied by the affidavits of at least two disinterested and repu-
table witnesses, residents of the city or county wherein the said
applicant resides, and to whom the said applicant is personally
well known, as to the character and reputation of the said appli-
cant for truth and honesty, and in case of a soldier’s application,
as to the nature of the disability; also by the affidavits of at
least two of the comrades in arms of the applicant, or of the de-
ceased soldier, sailor or marine, if two such be living, and if not,
then one of such comrades, if one be living, and if no such com-
rades be living, the address of whom is known to the applicant,
then of one or more reputable persons who have personal knowl-
edge of the service of any such soldier, sailor or marine, and of
the cause of disability or death, as the case may be, if any such
person or persons be living, the address of whom is known to
the applicant; and if there be no such comrade or comrades, per-
son or persons living, the address of whom is known to the ap-
plicant, this fact must be specifically set forth in the application,
and upon such failure to obtain affidavits above required, en-
dorsement of the local Confederate camp to which the applicant
belongs, or of a local Confederate camp as hereinafter provided
shall be accepted in lieu thereof; also the certificate of some
reputable and practicing physician as to the nature and character
of the disability and the cause thereof; and in case of a widow’s
application, the certificate of the attending physician at the time
of the death of her husband as to his death, if such physician
be living, the address of whom is known to the applicant, and
if such physician be dead, or his address unknown to the appli-
cant, this fact must also specifically appear in the application,
also the certificate of some camp of Confederate veterans of
the city or county wherein the applicant resides, and if there be
no such camp in said city or county, then the certificate of two
ex-Confederate soldiers well known and of good reputation re-
siding in said city or county; that, after examination into the
merits of the application, the said camp, or the said ex-Confede-
rate soldiers, are satisfied as to the truth of the statements there-
in contained, and that the applicant is entitled to relief under
this act, and if there be no such camp in the city or county where
the applicant resides, this fact must also specifically appear in
the application; and also the certificate of the commissioner of
the revenue of the city or county wherein the applicant resides
showing the assessed value of all real, personal, or mixed estate
or property with which the applicant or his wife, or his or her
trustee, is assessed; provided, however, that on applications of
widows whose husbands were on the pension roll at the time of
death, the affidavit of comrades is not necessary.

If any applicant is unable to write his or her name, it shall
be written by some one, who shall sign as a witness after the ap-
plicant has made his or her mark, and in the case of any appli-
cant who has not resided in the city or county where he or she
resides at the date of the passage of this act the period of time
required by this act to entitle him or her to file his or her applica-
tion before the court of the said city or county, it shall be lawful
for any such applicant to file his or her application in the city
or county of his or her former residence.

Sec. 8. To whom pensions not to be paid.—That no appli-
cation 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 ma-
rine after the first day of May, eighteen hundred and sixty-
eight, nor to any widow, if she have a husband living at the time
of filing her application for a pension under this act, or who
shall hereafter nor to any such widow who was or has been di-
vorced from any such soldier, sailor, or marine, being her hus-
band; nor to any widow who voluntarily abandoned, and with-
out cause, any such soldier, sailor, or marine, being her hus-
band, 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;
nor to any person who served only in the militia of the State.

Sec. 9. Requisites after application has been once passed
upon; auditor to mail forms, et cetera, to pensioners.—That
after an application has been once passed, approved and allowed
it shall only be necessary for the applicant annually thereafter to
file with the auditor of public accounts a certificate sworn to
before some officer in this State authorized by its laws to ad-
minister an oath, and the certificate of the commissioner of the
revenue.

And it shall be the duty of the auditor of public accounts each
year to mail to each pensioner upon the roll, the forms prescribed
in this section, with instructions how the same shall be executed
and returned to his office, and he shall not pay to any pensioner
upon the roll, the amount allowed under tne provisions of this
act until the provisions of this section have been complied with.

Whenever it shall appear that the original application or an-
nual certificate, for any year, has been lost or destroyed, or if,
from any cause, the pension list or the name of any pensioner
thereon, for any year, for any cause, has not been certified to
the auditor of public accounts for payment, it shall be lawful for
such pensioner or pensioners to make out new application for
such year and have the same certified as provided in this act,
and the auditor of public accounts shall pay such pensioner or
pensioners as if they were made out on original applications, or
annual certificate, out of any money in the treasury not other-
wise appropriated.
And the auditor shall strike from the pension roll the names
of all pensioners whose income amounts to two hundred dollars
per annum, or whose property amounts to, in assessed value,
seven hundred and fifty dollars, as hereinbefore provided.

It shall further be the duty of the auaitor of public accounts
to answer promptly in writing all inquiries by mail made of him
by any resident of Virginia relative to pension matters in this
State, and to furnish all information requested relative to the
application for, refusal or allowance of any pension under this
act.

Sec. 10. Before whom affidavit may be taken; clerk to cer-
tify officer’s authority.—Any affidavit required to be made under
the provisions of this act may be made before any officer of this
State authorized by its laws to administer an oath, and if made
beyond the limits of this State, the official character of the offi-
cer before whom such affidavit is so made shall be certified by
the clerk of some court of record, and that the said officer before
whom such affidavit was so made is authorized under the laws
of the State to administer an oath.

Sec. 11. Auditor of public accounts to prescribe forms,
rules, et cetera, and to have printed and furnish clerks sufficient
number of copies.—That the auditor of public accounts shall pre-
scribe such forms as he may deem necessary to fully test and
establish the merit and justice of the claims under this act, and
he shall formulate such rules, regulations, and instructions, as
he may deem proper for the preparation, filing, execution, and
certifying of all applications, and the documentary proofs in sup-
port thereof, and shall cause all such forms, together with such
rules, regulations, and instructions, to be printed, and shall
cause a sufficient number of the forms of. each class, together
with the rules, regulations, and instructions aforesaid, to be dis-
tributed and furnished to the clerk of each of the courts herein-
before mentioned.

Sec. 12. Auditor to examine applications; when to draw
warrant; other duties of auditor.—That the auditor of public
accounts shall carefully examine such applications, and the affi-
davits and certificates thereto, upon receipt thereof. And upon
being satisfied that all the requirements of this act have been
complied with in all particulars, and that the applicant is en-
titled to the aid as herein provided, he shall, at such times as
he may deem proper, draw his warrant upon the State treasurer
in favor of the applicant for the amount authorized by this act
to be paid him or her for the current year, within which such
application shall be finally approved by the auditor, and annually
thereafter so long as said applicant shall remain upon the pen-
sion roll hereinafter required to be kept. The said auditor shall
reject all applications in which the proofs and facts certified do
not show the applicant entitled to the benefits of this act; pro-
vided, however, that before the auditor of public accounts shall
place any new applicant under this act upon the pension roll, or
pay any portion to any such new applicant, he shall, if obtain-
able, secure from the war department of the United States or the
secretary of Virginia military records, the record of such appli-
cant or deceased soldier, as shown by the military records and
rolls of the Confederate States, or of the state of Virginia, and
if the record of such applicant or deceased soldier, sailor or ma-
rine be not good, he shall reject such application.

Sec. 13. Pension roll; how kept; certified copies to clerk;
names to be erased.—The auditor of public accounts shall keep
in his office a roll, to be known as the pension roll of Virginia,
in a book to be provided by him for the purpose, in which thz
names of all applicants whose applications have been finally ap-
proved by him shall be entered, the applicants to be grouped to-
gether in the counties or cities of their residence at the date such
application is allowed, the names of the applicants of the cities
and counties to be alphabetically arranged. And the auditor
shall, annually, on or before January first, in each year, certify
to the clerk of the circuit court of each county, and to the corpo-
ration or hustings court of each city, a copy of the roll of the
pensioners for any such city or county, whose claims have been
paid for the preceding pension year for examination and revis-
ion, as hereinafter provided, and he shall cause to be erased
from said pension roll the names of all applicants who shall be
certified under the provisions of this act as having died, or as
being improperly placed tnereon, but no pensioner, properly on
said rolls, shall be erased therefrom for the reason that the pen-
sioner has become the resident of a State that does not grant the
pensioner moving from Virginia, a pension.

Sec. 14. Applications heretofore allowed to remain on roll
until removed for cause; others to comply with requirements;
no special act for relief to be passed.—That all soldiers, sailors,
or marines, and the widows of any such, whose applications have
been heretofore allowed and whose names have been enrolled, as
required by the several pension acts heretofore passed by the
general assembly of Virginia shall remain upon the said pension
rolls until their names are removed therefrom for the causes
provided by this act. And that all others, before they shall be
entitled to any relief under the provisions of this act, shall com-
ply with the requirements thereof, and no special act for the re-
lief of any such soldier, sailor, or marine, or the widow of any
such, shall hereafter be passed by the general assembly.

Sec. 15. Clerks to prepare lists of applications and endorse
same; other duties of clerks as to same.—That the clerks of each
of the courts hereinafter mentioned shall endorse upon each
application filed in his office the date of filing, and shall, at least
fifteen days before any regular term of the court, prepare a list,
alphabetically arranged, of all applications filed in his office
twenty days before any regular term of the court, which list shall
set forth the full name of the applicant and whether the claim
be of a soldier, sailor, or marine, or widow, the cause of disabil-
ity or death, the date of death, and the name of the command of
the soldier, sailor, or marine, or of the deceased, and said clerk
shall make three certified copies thereof, and shall deliver one
copy thereof to the chairman of the board of commissioners here-
inafter provided for, and post one copy thereof at the front
door of the courthouse of the city or county, and, on the first
day of the next regular term of the court, shall deliver one copy
thereof to the court, together with the applications therein listed.

Sec. 16.. Courts to examine and consider applications, certi-
ficate of court; hearing in case of objection; duties of clerk.—
That the circuit court of each county, and the corporation or
hustings court of each city shall, at each regular term of the
court, take up, examine and consider all applications certified by
the clerk thereof, as aforesaid, and if such court shall be satis-
fied that the requirements of this act have been substantially
complied with, and that the application is supported by the afh-
davits and certificates herein required, or by oral testimony in
open court (if the court shall require oral testimony), of persons
of well-known reputation for truth, honesty and integrity, and
satisfied as well of the justice of the claim of the said applicant
if there be no objection filed or offered by the board of commis-
sioners hereinafter named, or by any other person, to the said
application being certified, shall certify the same to the auditor
of public accounts.

In case there shall be filed or offered by the said board of com-
missioners, or any other person, objection to the certifying of
any such application, the court shall cause the applicant and such
other persons as it may deem necessary, or which either party
may require, to appear before the court at such time as the court
may fix, and after a full hearing shall determine the case ac-
cording to its merits and justice, and if such application shall be
disallowed, shall endorse, or cause to be endorsed, upon the ap-
plication, the reasons for disallowing the same. And the clerk
of the said court shall enter upon the minute book of the court
an order showing all applications allowed or disallowed, and
shall certify a copy of the said order, under the seal of the
court, to the auditor of public accounts, and forward the same
to the said auditor, with all applications, either allowed or dis-
allowed, at any regular term of the court.

Sec. 17. Court to appoint board of pension commissioners;
their duties.—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 vaca-
tion, immediately after the approval of this act, and in the month
of January in each year thereafter, a board of three commis-
sioners, 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, whe
are to serve without compensation, and to constitute a board.
whose duty it shall be to examine into the merits of the applica-
tions, a list of which shall have been furnished them by the
clerk of the said court, as hereinbefore provided, 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 support of any objection, and whose duty it
shall be also, on or before the fifteenth day of February in each
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 ap-
pear 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, be satisfied tnat the said applicant is improperly on the
pension roll, snall certify that fact to the auditor of public ac-
counts, and shall also certify a list of those who have been re-
ported as having died during the preceding year. Any pen-
sioner whose name shall be so dropped from the pension roll
may apply to be restored to said roll, as hereinbefore provided
in the case of an original application. The said board of com-
missioners shall organize immediately after their appointment
by the election of one of their number as chairman, who shail
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 empowered to administer any
oath required under this act.

Sec. 18. No fee to be charged for services rendered appli-
cant; penalty; exempt from levy, garnishment or attachment.—
That no fees or other compensation shall be charged or received
by any clerk, attorney, officer, or other person for any service
readered to any applicant under the provisions of this act; and
eny person who shall purchase from a soldier, sailor, or marin,
or from any widow of any deceased soldier, sailor, or marine,
any claim allowed under the provisions of this act for a price or
sum of money less than the full amount thereof shall be guilty of
a misdemeanor, and upon indictment and conviction thereof shal]
be fined not less than twenty, nor more than one hundred dollars,
or imprisoned, or both, at the discretion of the court. The pro-
visions hereby made for disabled soldiers, sailors, or marines,
and widows of deceased soldiers, sailors, or marines, shall be
exempt from levy, garnishment, or attachment for any debt or
pecuniary demand.

Sec. 19. The superintendent of public printing shall out uf
the appropriation provided for public printing furnish such
blank forms, books, papers, pamphlets, et cetera, and do such
printing, binding, ruling, et cetera, for the auditor of public ac-
counts in connection with pension matters, in the same manner
as is now required to be done respecting public printing, binding,
ruling et cetera, for the auditor of public accounts in other mat-
ters pertaining to his office.

Sec. 20. Perjury; penalty.—That any person who shall wil-
fully swear falsely as to any material fact stated in any appli-
cation, or as to any material fact contained in any affidavit filed
in support of such application, or as to any material fact touch-
ing any application filed under the provisions of this act shall b:
deemed guilty of perjury, and that any person who shall wilfully
certify falsely as to any material fact touching any application
filed under the provisions of this act shall be deemed guilty of
a misdemeanor, and upon indictment and conviction thereof shall
be confined in jail not exceeding one year, or be fined not ex-
ceeding one hundred dollars, or both, in the discretion of the
court. Within the meaning of this act any fact shall be deemed
material which tends to show that the applicant is entitled to
relief under the provisions of this act.

Sec. 21. Manner in which pensions to be paid.—Out of the
amount appropriated for the fiscal year ending February twen-
ty-eight, nineteen hundred and seventeen, and the fiscal year end-
ing February twenty-eight, nineteen hundred and eighteen, and
out of the amount that shall be appropriated for each and every
fiscal year thereafter, the auditor of public accounts shall first
pay in full the pensions of all persons whose names have been
placed on the pension rolls on or before the first day of August,
nineteen hundred and sixteen, under and by virtue of every
pension act, general or special, passed by the general assembly
of Virginia, whose names have not been stricken from said rolls.
Provided, however, that if the amount so appropriated be not
sufficient to pay in full all the pensioners, the auditor of public
accounts shall distribute any residue remaining after the pay-
ment of said pensioners whose names were placed on the rolls
prior to the first day of August, nineteen hundred and sixteen,
pro rata among the new pensioners whose names shall have been
placed on the pension rolls after the first day of August, nine-
teen hundred and sixteen. Provided, further, that the new pen-
sioners of one year shall be classed as old pensioners for each
succeeding year.

Sec. 22. All acts and parts of act in conflict with this act
are hereby repealed.

Sec. 23. An emergency existing in the needs of the proposed
beneficiaries, this act shall be in force from its passage.