An offence against the act of June 27, 1890, is committed when a sum greater than ten dollars has been taken, regardless of the fact whether the pension has or has not been received, and it is not necessary to aver a demand for the return of the money wrong fully taken ; Frisbee v. U. S., 157 U. S. 160, 15 Sup. Ct. 586, 39 L. Ed. 657. Where one fraudulently obtained pension money from a client he is not guilty of wrongfully with holding money from the pensioner under R. S. § 4786 ; it applies to money before it reach es the hands of the pensioner ; Ballew v. U. S., 160 U. S. 187, 16 Sup. Ct. 263, 40 L. Ed. 388. See MILITARY BOUNTY LANDS.
R. S. § 4747, protects pension money from seizure or attachment under process while in the hands of the pension nice or in trans mission to the pensioner. But this does not protect it after it has reached his hands; Cranz v. White, 27 Kan. 319, 41 Am. Rep. 408; a pension check handed to the wife is protected against the husband's creditors; Bullard v. Goodno, 73 Vt. 88, 50 Atl. 544.
A Kentucky act (1912) granting pensions to indigent Confederate soldiers is not ob noxious to the Kentucky constitution, which prohibits the grant of separate emoluments to any man except for "public service"; the service to the state by serving in the Con federate army was a "public service"; Bos worth v. Harp, 154 Ky. 559, 157 S. W. 1084, 45 L. R. A. (N. S.) 692.
In re Opinion of the Justices, 190 Mass. 611, 77 N. L. 820, it Was said that gratuities to civil war veterans may legitimately be made in the payment of money, the erection of statues, etc. And it is said in Judson, Taxation § 349, that whatever legitimately tends to inspire patriotic sentiments, etc., is a lawful purpose and will justify taxation or the exercise of the power of eminent do main. But it is held that the payment by a state of pensions to the widows and orphans of civil War veterans is illegal; Beach v. Bradstreet, 85 Conn. 344, 82 Atl. 1030, Ann. Cas. 1913B, 946.
Pensions to School Teachers. Acts exist in some states relating to such pensions. A
New York act of 1895 authorizes towns to pension school teachers ; an Ohio act creates a school teachers' fund in certain cities, and requires the board of education to deduct one per cent. of the salaries paid to all teachers and pay the same into a school teachers' fund. Where the board of education requir ed teachers contracting for employment to consent to directing one per cent. of their salaries to a pension fund, it was held that its action was invalid; State v. Rogers, 87 Minn. 130, 91 N. W. 430, 58 L. R.' A. 663.
Pensions or Relief Funds for Policemen and Firemen are provided for in some states; California, Illinois, New York, Rhode Island and Wisconsin. Under the New York act the deduction of $2 a month from each po liceman's pay is compulsory ; People v. Mc Clare, 3 How. Prac. N. S. (N. Y.) 8. Acts in New York, Illinois and Ohio (as to Cin cinnati) provide for relief funds for firemen.
A reasonable appropriation • of municipal funds for a police pension is for a strictly municipal use and is valid; Com. v. Walton, 182 Pa. 373, 38 Atl. 790, 61 Am. St. Rep. 712.
Pensions to Mothers. In a few states acts have recently been passed giving pensions to needy mothers.
Pensions, Old Age. By act of 1908, every British subject, male and female, who has attained the age of 70 years, and if he or she has been a British subject, natural born or naturalized, for at least 20 years, and has, save for temporary absences, resided in the British kingdom for 20 years, and is not in receipt of an income amounting to £31. 10s. a year, is entitled to receive for the rest of his or her life a pension of from ls. to 5s. a week according to the amount of the re cipient's income, so as to bring that income just over 13s. per week. The right is un alienable by any act of the person ; it does not pass in bankruptcy ; but conviction of certain classes of crimes during the last 10 years, and in some cases the receipt of parochial relief, are a bar.