Page:United States Statutes at Large Volume 9.djvu/441

 THIRTIETH CONGRESS. Sess. II. Ch. 129. 1849 415 sufficient forage, and the loss was or shall be consequent thereof, or for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof, not to exceed two hundred dollars: Provided, That if any payment has been, or shall Proviso. be, made to any one aforesaid, for the use and risk, or for forage after the death, loss, or abandonment of his horse, said payment shall be deducted from the value thereof, unless he satisfied, or shall satisfy, the paymaster at the time he made, or shall make, the payment, or thereafter show, by proof; that he was remounted, in which case the deduction shall only extend to the time he was on foot: And provided, also, If Provlso. any payment shall have been, or shall hereafter be, made to any person above mentioned, on account of clothing to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements. Sec. 2. And be ilfurther enacted, That any person who has sustained, _Pa{yment proor shall sustain, damage by the capture or destruction by an enemy, or ;_:gfesf%Q;‘;’jj;; by the abandonment or destruction by the order of the commanding g,,,,,,’c,{,,s,’&,,; general, the commanding officer, or quartermaster of any horse, mule, ¢¤P*t\Ysdb¤¥ 3:* ox, wagon, cart, boat, sleigh, or harness, while such property was in ::',r:,l,`;,_ Y ° the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner; and any person who has sustained, or shall sustain, damage by the death or abandonment and loss of any such horse, mule, or ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, and any person who has lost, or shall lose, or has had, or shall have, destroyed by unavoidable accident, any horse, mule, ox, wagon, cart, boat, sleigh, or harness, while such property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, It shall Proviso. appear that such loss, capture, abandonment, destruction, or death, was without any fault or negligence on the part of the owner of the property, and while it was actually employed in the service of the United States. Sec. 3. And be it further enacted, That the claims provided for under Claims (provid this act shall be adjusted by the Third Auditor, under such rules as :gt*";;‘;¤ °é.*lli¤ shall be prescribed by the Secretary of War, under the direction or ed Ly ·i-i$;:d‘l`_is,,l with the assent of the President of the United States, as well in regard dim ¤f the to the receipt of applications of claimants as the species and degree of T'°°°S"y‘ evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as in the opinion of the President shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individuals justice as to the interest of the United States; which rules and regulations shall be published for four weeks in such newspapers, in which the laws of the United States are published, as the Secretary of War shall direct. Sec. 4. And be itfurtlwr enacted, That in all adjudications of said -Mj¤·li9¤·*·l°¤• Auditor upon the claims above mentioned, whether such judgments be  yl; in favor of or adverse to the claim, shall be entered in a book provided Third Auditor, by him for that purpose, and under his direction; and when such judg- gg; ‘g°ge{“';‘; ments shall be in favor of such claim, the claimant or his legal repre- at rim Tgggg Scutative shall be entitled to the amount thereof, upon the production '¤P°¤ his cstliz 0f a copy thereof, certified by said Auditor, at the treasury of the °“°°‘ United States. _S¤0. 5. And be it further marred, That in all instances where any Pargmts or lmuor has been, or shall be, engaged in the military service of the §f}§fQ1;§“$°f°,0l;f United States, and was, or shall be, provided with a horse or equip- horses, &c.,pro- ¤l€¤i§, or with military aeooutrement by his parent or guardian, and “d°d f°"¤l¤°¤· has died, or shall die, without paying for said property, and the same