1897-8, p. 290. 1887-8, p. 469. the state, with the condition of their uniforms, arms, accoutrements, and ammunition, according to such directions as he may receive from the secretary of war of the United States, one copy of which he shall deliver to the commander-in-chief and the other of which he shall transmit to the president of the United States. Sec. 381 a. The collection, preservation, and perpetuation of the names of the soldiers of Virginia who fought in her defence in the war between the states.-1. Upon petition of three reputable soldiers who served in defence of Virginia in the war between the states of eighteen hundred and sixty-one and eighteen hundred and sixty-five, presented to the county or corporation court of any county or city in this commonwealth, praying that the muster roll or rolls of any troop of cavalry or company of artillery or infantry organized, recruited, or enlisted, in whole or in part, in said county during the war between the states, showing that such troop or company was raised for the defence of Virginia, and that such troop or company did actually serve in any of the armies of the Confederates tates of America, may be recorded among the records of said county or city. It shall be the duty of the clerk of said court to publish a notice in a newspaper, if one be published in said county or city, for two successive weeks, or if none be so published to post a notice on the court-house door, stating that such petition has been filed, the names of the petitioners, and the name of the troop or company the muster roll of which it is proposed to record, and that such petition will be heard by the county or corporation court on a day fixed by the court, which shall be stated in such notice. 2. Upon the day named the petition shall be heard, and any citizen of the county or city shall have the right to appear at said hearing by counsel or in person and show cause why said muster roll shall not be recorded, or why the name of any person on said muster roll should not be recorded, which cause may be that the troop, company, or person named deserted during the war, misbehaved before the enemy, or any other good cause pertaining to their record as soldiers; and if any such good cause shall be shown then the said court shall refuse to order said record to be recorded, or shall order that the name of the person or persons designated shall be omitted from the record of the muster roll. 3. Upon the filing of said petition a copy of the muster roll shall be filed therewith as a part thereof, and upon the hearing the court shall be satisfied, by competent and sufficient evidence, that the copy of the muster roll filed is as perfect a copy of the original roll as is practicable to be made. And the court, upon proper evidence, shall have power at any time to amend such roll by inserting names omitted from the copy, and when the copy is perfected as far as practicable, shall order it to be recorded in a book to be kept in the clerk's office of the county or city, to be entitled muster roll of said county or city, which record shall have the same value as other records have. 4. The cost of the record book and of publishing said notice as provided by section one of this act and of recording said rolls shall be paid by the county or city where the petition is filed. 5. All acts or parts of acts inconsistent with this act are hereby repealed. 6. No fee shall be allowed or paid to the clerk or any other officer of the court for his services upon any proceeding under the provisions of this act Sec. 382 a. Aid to soldiers, sailors, and marines of Virginia maimed or disabled in the war between the states, and to the widows of Virginia soldiers, sailors, and marines who lost their lives in said war in the military service.-1. There shall be paid out of the treasury of Virginia, upon the warrants of the auditor of public accounts, annually upon or after the first day of April in each year, to the persons hereafter designated and described and classified, upon the proofs hereinafter prescribed, the amounts hereinafter specified, as follows: To every person who is and has been at the time of his application a citizen and resident of this state for one year, and who lost an arm, or a leg, or a foot, or a hand, while in discharge of his duty as a soldier, sailor, or marine of Virginia in the war between the states, the sum of thirty dollars per annum ; to every such citizen of Virginia who in like manner lost two eyes, or two feet, or two hands, or a hand and a foot, by reason of wounds received while in discharge of his duty as aforesaid, the sum of sixty dollars per annum; to every such citizen who was disabled by reason of a wound received while in discharge of his duty aforesaid, if such disability be proved to be total, thirty dollars per annum; if such disability be partial, fifteen dollars per annum; to every widow remaining unmarried of any soldier, sailor, or marine of Virginia whose husband lost his life while in the discharge of his duty in the military service of Virginia or of the Confederate States during the late war between the states, the sum of thirty dollars per annum : provided, that at the time of such application and of receiving aid under this act such widow shall be unmarried and a resident of Virginia and provided, further, that she shall receive such aid only so long as she remains unmarried and a resident of Virginia. 2. This act shall apply to any native of Virginia who enlisted from any other state in the military service of the Confederate States and who is or shall be at the date of his application for the benefit of this act a citizen and resident of this state; but no person holding a national, state, or county office which pays him in salary or fees over three hundred dollars per annum, or whose income from any other source amounts to three hundred dollars, or who owns in his or her own right, or whose wife owns property of the assessed value of more than one thousand dollars, or who is in receipt of aid or of a pension from any other state or from the United States shall be entitled to any of the benefits of this act, or who is an inmate of any soldiers' home. of 3. Before any person shall be entitled to the benefit of this act and receive the aid hereby provided for, he or she shall file in the court of the county or corporation in which the applicant resides (or in the hustings court of the city of Richmond, if the applicant resides in that city), an application for relief in the following form: "I, -, a native of the state and now a citizen of Virginia resident at in the county or city of in said state of -, and who was a soldier (sailor, or marine, as the case may be) from the state of Virginia in the war between the United States and the Confederate States, do hereby apply for aid under the act of the general assembly entitled an act to give aid to soldiers, sailors, and marines of Virginia maimed or disabled in the war between the states and to the widows of Virginia soldiers, sailors, and marines who lost their lives in said war in the military service. And I do solemnly swear that while in the discharge of my duty in the service of the Confederate States as a member of (here state specifically the command and branch of the service to which the applicant belonged), on or about the day of eighteen—————————, I was wounded (here state specifically the battle, combat, or encounter in which the applicant was wounded), and that from the effects of such wound I was disabled as follows (here state whether the disability is total or partial), and that by reason of such wound and disability I am now entitled to receive under said act the sum of dollars annually. I further swear that I do not hold any national, state, or county office which pays me in salary or fees over three hundred dollars per annum; nor have I an income from any other source which amounts to three hundred dollars; nor do I own in my own right, nor does my wife own, property of the assessed value of more than one thousand dollars; nor do I receive aid or a pension from any other state or the United States; and that I am not an inmate of any soldiers' home. I do further swear that the answers given to the following questions are true: First. What is the applicant's age? Second. In what battle or combat or under what circumstances was the applicant wounded? Third. What was the precise nature of the wound received? Fourth. What limb, if any, did the applicant lose by reason of said wound-what eye, if any, did he lose? Fifth. If no limb or eye was so lost, what is the precise nature of the disability occasioned thereby? Sixth. Is it total? (a) Is it partial; and if so, to what extent does it disable him from manual labor? Given under my hand this "I, that of -, judge of the court for the do certify whose name is signed to the foregoing application, personally appeared before me in open court, and having the said application read and fully explained to him, as well as the statements and answers therein made, he, the said made oath before me that the said statements and answers are true. Given under my hand this eighteen.” day of Or in case the applicant is entitled to receive aid as a widow, she shall make an application in the following form: resident at in the county of "I, in the state of Virginia, do hereby apply for aid under an act of the general assembly entitled an act to give aid to soldiers, sailors, and marines of Virginia maimed or disabled in the war between the states and to the widows of Virginia soldiers, sailors, and marines who lost their lives in said war in the military service; and I do swear that I am the widow of —, who was a member of and who, while in the discharge of his duty in the military service during the late war between the states, lost his life; and I do further swear that I am not receiving aid from or a pension from any state or from the United States, and that I do not hold any national, state, or county office which pays me in fees or salary over three hundred dollars; that my income from no source amounts to three hundred dollars; and that I do not own in my own right property of the assessed value of one thousand dollars; and that I am now entitled to receive annually the sum of thirty dollars under the terms of the aforesaid act of the general assembly. And I do further swear that the following answers are true: First. What was the name of the applicant's deceased husband? Second. When and where, as nearly as can be ascertained, did the applicant's husband die, and from what cause? Third. When and where were the applicant and her deceased husband married? Fourth. Has the applicant ever married again?" "I, , judge of the court for the of do certify that whose name is signed to the foregoing application, personally appeared before me in open court, and having the said application read and fully explained to her, as well as the statements and answers therein made. she, the said — made oath before me that said statements and answers day of —, eighteen ———————. ’ are true. Given under my hand this 4. After such application has been signed and sworn to by the applicant and certified by such judge, he shall examine such evidence as shall be adduced before him as to the facts set forth in such application, and if he be satisfied from the evidence of at least two credible witnesses that the facts set forth in said application are true he shall certify on the back of the application to the following effect: court for the · of "I, ———, judge of the — do certify that I have carefully inquired and examined into, and am fully satisfied, from the evidence adduced before me, that each and all of the facts set forth in the within application are true; that the applicant is the identical person named in the application; that the application is for these reasons approved, and it is therefore certified that is entitled to receive dollars." annually from the state of Virginia the sum of 5. Total disability, in the meaning of this act, shall be such as wholly incapacitates the applicant from manual labor. The partial disability which shall entitle an applicant to the benefit of this act must be proved and ascertained to the satisfaction of the judge to be such as incapacitates the applicant for obtaining a livelihood by his manual labor, and to be equivalent to that which would be occasioned by the loss of a limb. 6. Such applications may be heard in term time at the court-house of the county or city in which the applicant resides. The clerk of said court shall enter upon the minute book of the court an order stating whether said application is allowed or not. When such judge is satisfied that the claim made by the applicant is just and sustained by the proofs, the clerk of his court shall so certify the same to the auditor of public accounts under the seal of the said court, and shall at once forward the original application to the said auditor, who shall file the same in his office. 7. The auditor shall carefully examine every such application and the certificates thereto upon the receipt thereof; and upon being satisfied that all the requirements of this law have been complied with in all particulars, and that the applicant is entitled to the relief as herein provided, he shall draw his warrant upon the treasurer in favor of the applicant for the amount authorized by this act to be paid to him or her. And for the proper discharge of the duties prescribed by this section the auditor shall be allowed temporarily to employ, when necessary, and pay for the services of a competent clerk to assist in such examination, the cost of such assistant service not to exceed nine hundred dollars in the aggregate. He shall reject all applications in which the proofs and facts certified do not show the applicants to be entitled to the benefits of this act, and shall classify the applications according to the facts proved. 8. After an application has been once so passed, approved, and allowed, it 1891-2, p. 851. shall only be necessary for the applicant annually thereafter to file with the auditor of public accounts a certificate from the clerk of the court by which (or by the judge thereof) the original application was approved setting forth that the applicant is the identical person named in the original application, and that he or she is still alive, and if widow of a deceased soldier, sailor, or marine, is still unmarried and a resident of this state, and that the applicant has made oath before him that the applicant does not own in his or her own right, or in the right of his wife, property of the assessed value of one thousand dollars, and does not hold a state, county, or federal office the annual fees or salary from which amount to three hundred dollars, and has not an annual income from any source amounting to three hundred dollars; and upon the receipt of such certificate of such clerk the auditor of public accounts shall from time to time annually draw his warrant upon the treasurer in favor of such applicant for the amount he or she is entitled to under this act. Where the applicant is unable to go to the court-house because of sickness, or where the distance to the courthouse is too great to walk and the applicant is too poor to pay for transportation, the said oaths may be taken before and the said certificate given Extra Session 1887, p. 483. by a justice of the peace or notary public. The reason why the oath is taken before the justice or notary instead of before the clerk shall be stated in the certificate. 9. The auditor of public accounts shall cause the forms of applications and the certificates required by this act to be prepared; and he will cause a sufficient number of each class of forms to be printed and distributed to the clerks of each of the courts herein before mentioned for the use of applicants. Said applications for each county or city shall be numbered from one upwards. 10. No fee or other compensation shall be charged or received by any clerk, attorney, or other person for any services rendered to any applicant under the provisions of this act; and any person who shall purchase from any soldier, sailor, or marine, 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 less than the full amount thereof shall be guilty of a misdemeanor, and upon conviction thereof shall be fined or imprisoned, or both, at the discretion of the court. The provisions hereby made for disabled soldiers, marines, and widows of deceased soldiers shall be exempt from levy, garnishment, or attachment for any debt or pecuniary demand. 11. The sum of sixty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the year ending September thirtieth, eighteen hundred and eighty-eight, and for each year thereafter, to meet the requirements of this act, payable out of any money in the treasury not otherwise appropriated. Sec. 382 b. To require proper proof of disability in order to obtain aid as a disabled soldier or marine.-1. Any citizen of this state may hereafter furnish a certificate from the court of his county or corporation showing First. That he is at the date of such certificate a citizen of this state. Fourth. That while engaged in such service he lost a limb or eye in battle, or that at the date of such certificate he is as much and as permanently disabled by reason of wounds received in battle or surgical operations rendered necessary thereby as if he had actually lost a limb. Fifth. That he is dependent on his physical labor for the means of subsistence. Sixth. That he has not at any time received an artificial limb or eye or commutation money within five years from this state. 2. Before the court shall give such certificate it shall require the applicant therefor to state in his written application, under oath, in what command he was serving when wounded; when, where, and how wounded. and the extent of the disability of the applicant at the time. The court shall further require a board of competent physicians, consisting of three, to be appointed by the board of supervisors of the county in which the applicant resides, to certify in writing and under oath the full nature of the applicant's injuries, and the extent and proximate cause of his disabilities at that date, and that the applicant has lost an eye or a limb, or is as much and as permanently disabled by reason of wounds received in battle or surgical operations rendered necessary thereby as if he had actually lost a limb; and the court shall require such other evidence of the matters above required to be certified as to fully satisfy the court of the propriety of granting the certificate above referred to. The certificate of the board of physicians, together with the other evidence in support of |