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HomeMy WebLinkAbout2400 Act of the Massachusetts legislature, "An Act to Provide State Aid for Disabled Soldiers and Sailors...", 1866 AN ACT TO PROVIDE STATE AID FOR DISABLED SOLDIERS AND SAILORS, AND FOR THE FAMILIES OF THE SLAIN, IN THE Approved April 23d, 1866. BOSTON : WRIGHT & POTTER, STATE PRINTERS, NO. 4 SPRING LANE. 1866. 1 / I U9i' ' I " I• 18GG.—Chap. 1"72. i f AN ACT TO PROVIDE STATE AID FOR DISABLED SOLDIERS AND SAILORS, AND THEIR FAMILIES, AND FOR THE FAMILIES OF THE SLAIN. y Be it enacted by the Senate and House of Representatives, in General Court assembled, and 4 the authority of the same, as follows:— SECT. 1. The treasurers of cities and towns shall, under the direction of the city council, or'selectmen thereof, pay monthly the sum of six dollars,from and after the first day of January in the year eighteen hundred and sixty-six, to any person having a residence in said city or town, who has served in the army or navy of the United States, as an officer or as an enlisted or drafted man, to the credit of the state of Massachusetts, between the nineteenth day of April in the year eighteen hundred and sixty-one and the first day of September in the year eighteen hundred and sixty-five, and who is now residing within this state, and who is wholly or partially disabled by reason of wounds received in said service, or by sickness or disability contracted therein; or who, being at the time of his enlistment and now an inhabitant of this state, has served as aforesaid to the credit of any other state between the said nineteenth day of April and the eighteenth day of March in the year eighteen hundred and sixty-two, and who is wholly or par- tially disabled by reason of wounds received in said service, j or by sickness or disability contracted therein: provided, I that said person has an honorable discharge from said ser- vice by reason of wounds; or disability, or expiration of his term of service, or has been duly mustered out of said I . j 4 STATE AID. STATE AID. 5 service, and does not receive aid from any other state, or marry after the passage of this act, no aid shall be paid on from any other town under the provisions of this act. account of his wife. If the widow of any officer, soldier SECT. 2. The treasurers of cities and towns shall, under or sailor, receiving aid under the second section of this act, the direction of the city council, or selectmen thereof, pay shall marry again, the aid shall be discontinued to her. No monthly, for a period not exceeding three years from and aid shall be paid on account of any children over fourteen after the first day of January in the year eighteen hundred and years of age. If any person to whom the aid is paid, shall sixty-six, to the widow, children, father or mother, being in be convicted of any criminal offence at common law or necessitous circumstances,(having a residence in said city or under the statute of this Commonwealth, said aid shall be town, and now residing in this state,) of any person upon �� discontinued to said person unless or until the municipal whom they were dependent, who served in the army or navy authorities shall, in their, discretion, otherwise determine. of the United States as an officer or as an enlisted or drafted Aid, except as provided in section twelve of this act, shall man,to the credit of the state of Massachusetts,between the be paid only to persons having a residence in some city or nineteenth day of April in the year eighteen hundred and town in this Commonwealth. sixty-one and the first day of September in the year eighteen SECT. 4. All aid furnished under the provisions of this hundred and sixty-five, and was killed.or has died by,reason act shall be solely for the benefit of the person for whom it of wounds or disease incurred in said service, or who,being is intended, and shall be paid to said person directly or upon at the time of his enlistment, an inhabitant of this state, his or her order; and it shall not be subject to trustee served as aforesaid to the credit of any other state between process nor assigned. And no transfer of said aid hereto- the said nineteenth day of April and the eighteenth day of fore made shall be recognized in settlement of the same. March in the year eighteen hundred and sixty-two, and was SECT. 5. The auditor, the adjutant-general, and the killed or has died by reason of wounds or disease incurred, surgeon-general of the Commonwealth, shall constitute a in said service, or to the wife, father, children, or mother commission to decide upon all questions which may arise in being in necessitous circumstances (living or having a resi- ' the payment of aid, between the municipal authorities and dence in said city or town, and now residing in this state,) the persons ,claiming the aid; and in all cases their decision of any person upon whom they were dependent, who has : shall be final. P served as aforesaid, who is wholly or partially disabled by SECT. 6. On or before the fifth day of January in each reason of wounds received in said service, or by sickness or year, there shall be deposited in the office of the auditor of disability contracted therein, the sum of four dollars : the Commonwealth, by each town and city raising and provided, that the whole amount paid to the said relatives of applying money as aforesaid, a full and particular report, one officer, soldier or sailor shall not exceed eight dollars per setting forth the names of the officers, soldiers and sailors month, and provided that such wife, children, father, or for the aid of whom and for the aid of whose families mother, do not receive aid from any other state, or from any money has been applied as aforesaid, the name of the com- other town under the provisions of this act. pany and regiment and the name of the vessels in which SECT. 3. If a wounded or disabled officer, soldier or such officers, soldiers and sailors respectively enlisted, and sailor, receiving aid under the first section of this act, shall in which they last served, and the names and ages of the i �j "I 6 STATE AID. STATE A D. 7 i Y several persons for the aid of whom money has been applied herein, from the date that payments to them ceased under as aforesaid ; the relation such persons severally bear to the prior act. such officers, soldiers or sailors ; the sums paid to each of SECT. 9. Persons applying for aid under this act shall such persons, and the time when the same were paid; and state in writing, under oath, the age and residence of the such report shall be sworn to by a majority of the selectmen party for whom such aid is claimed; the relation of the of such town, or by the mayor and a majority of the alder- claimant to the party who rendered the service for which men of such city ; and after it has been examined and aid is claimed; the company and regiment or the vessel in approved by said auditor, there shall be reimbursed which the officer, soldier or sailor enlisted, and that in annually, to said city or town, from the treasury of the which he last served; the date and place of such enlist- Commonwealth, on or before the first day of December in ment, when known; the duration of such service ; and the the year in which the report is made, the amount legally reason upon which the claim for aid is founded. And it paid as aforesaid, in accordance with the provisions of this shall be the duty of the auditor to furnish, from time to act ; but none of the expenses attending the payment of 'time, to each city and town, a sufficient number of suitable said aid shall be reimbursed. The auditor of the Common- blank forms for the use of applicants for aid under this act. wealth shall before the first day of January in each year, SECT. 10. The provisions of this act shall apply to the furnish to the several cities and towns suitable blanks for wife; children, father or mother (having a residence in some the returns required by this section. city or town of this Commonwealth, and now residing SECT. 7. When applicants for aid have their residence therein,) of any person who served in the army or navy of in a city or town to which they are not credited, notice of the United States between the nineteenth day of April, their application shall be forthwith sent by such town to eighteen hundred and sixty-one, and the first day of Sep- the place to which said applicants are credited; and if an tember, eighteen hundred and sixty-five, as an officer or answer to such notice, setting forth all the facts touching enlisted or drafted man, to the credit of the state of Massa- the application necessary to be known by the town to which chusetts, and who appears on the rolls of his regiment or application is made, is not sent by mail within seven days company, in the office of the adjutant-general, to be miss- from the receipt of the same, the city or town in which ing, or to have been captured by the enemy, and who has such applicants reside may recover in action of contract not been exchanged, or has not returned from captivity, or against the town or city so neglecting to answer, all such who is not known to be alive : provided, that aid shall not sums as they may advance to such applicants not reimbursed be paid to the said relatives of such officer, soldier or sailor, by the state. if the municipal authorities have good and sufficient reasons SECT. 8. Persons receiving aid under chapter two hun- to believe that he deserted from the service, or that he is dred and thirty-two of the acts of the year eighteen hundred still living and wilfully absent from his family, or if said and sixty-five, shall not be entitled to aid under this act; relatives receive said aid from any other state, or from any but-when the aid ceases to be paid under said chapter two other town under the provisions of this act. hundred and thirty-two, then such persons entitled under SECT. 11. Any town or city may raise money by taxation the provisions of this act; shall receive the aid provided or otherwise, and, if necessary, apply the same for the pur- i y � Y i > 44a e 8 ST#E AID. poses set forth in this act and all persons entitled to aid under the provisions of this act, who do not apply for the same within three months from the passage hereof, shall not receive said aid prior to the date of their application. SECT. 12. Any person who has served in the army or navy of the United States, as an officer or enlisted or drafted man, to the credit of the state of Massachusetts, between the nineteenth day of April in the year eighteen hundred and sixty-one, and the first day of September in the year eighteen hundred and sixty-five, and who resides in any other of the United States, and who, at the time of enlist- ment, had been a resident of the state during the month immediately preceding said enlistment, who is wholly or, partially disabled by reason of wounds received in said service, or by sickness or disability contracted therein, may • apply to the commission provided for in the fifth section of this act, and upon furnishing to said commission satisfactory evidence of his service as aforesaid in the army or navy, shall be entitled to receive the sum of six dollars per month from the treasury of the Commonwealth, for the period of three years from the first day of January in the year eighteen hundred and sixty-six : provided, that said person has an honorable discharge from said service by reason of wounds or disability, or expiration of his time of service, or has been duly mustered out of said service; and does not receive aid from any other state. If any person entitled to receive aid under this section shall be convicted of-any criminal offence at common law, or under the statutes of this Commonwealth or of any other state, such aid shall be discontinued to said person, unless or until said commission shall, in their discretion, otherwise determine. SECT. 13. The operations of this act shall cease upon the first day of January, in the year eighteen hundred and seventy-ones. SECT. 14. This act shall take effect upon its passage. [Approved April 23, 1866.