The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-05-03


commencement of the public sale OF the lands embracing
the tract claimed otherwise snch claim win be forfeited
RICHARD M. YOUNG,
Commissioner OF the General Land Office
Max 4-lawl3w
War Department, March 40, Is4O.
Rules IN relation to dams prouidsd for by act of Con-
gre, approved Sd March, 1919, entitled "A,l act 10
provide for the payment Of horses and other property
lost or destroyed an the military servce Of the United
States"
LII CLAIMS under the provisions of this act be
"A presented at the office of the Third Auditor of the
Treasury Department. and each must be subsanated by
such evidence here designated with respect 10
cases OF the class under which it falls
FIRST Class Of Cases
BY the first section Of the law is enacted:
'That any field, staff, other officer mounted mill
tiaman, volunteer, cavalry, engaged in the mill
1872 who shall be said service and has sus
tanned or shall sustain damage without any fault neg
horse battle by the loss horse wounded in bat
tie, and which has died. shall die of said wound be-
and lost shall sustain damage by the loss of any
by death abandonment because Of the unavoidable dan
vessel because the United States failed supply
poration for the horse, and the PEELED by
him. consequence of the United States failing sup
ply sufficient forage or because the rider was dismounted
foot at station detached from his horse when the officer
in the immediate command ordered shall order the
mons because the United States failed, shall fail sup
ply sufficient forage and the loss shall be
Of the loss Of his horse as aforesaid shall be al
lowed and paid the value thereof exceed hun
bred dollars; provided that II any payment has been
shall be made to aforesaid for the and risk
for forage after the death loss, or abandonment of his
hore said payment shall be deducted from the value
Of unless he satisfied shalt satisfy the paymaser the
time he made or shall make the payment thereafter
show by proof that he renowned in which the
deduction shall only extend the time he foot and
provided also ID any payment shall have been Or shall
count of clothing to which he was not entitled by law,
such payment shall be deducted from the value of his
horse Announcements"
To establish under this provision the claimant
adduce the evidence OF the officer under whose
mand he served when the loss occurred, f alive if
Dead then of the next surviving officer describing the
property the value thereof the time of entering the
vice. the time and manner in which the loss happened,
and whether or not II was sustained without any fault
negligence on the claimants part The evidence should
also, the claimant Ieouned after the loss
when he remouhred how long he continued 80, and
not been furnished by the United States or been owned by
another mounted mitiaman volunteer whom payment
for the use and risk thereof or for its forage whilst in the
possession Of the claimant may have been made and if it
had been thus owned should the and the
which the claim may extend equipage several ar
Giles OF the consisted and separate value ofeach
should be specified.
Second Class Of Cases.
The second section Of the law
" That any person who has sustained shall sustain
damage by the capture destruction by enemy, by
the abandonment destruction by the order of the com
mandng general the commanding officer quartermas.
ter OF any horse, mule, OK, wagon cart boat, Sleigh
harness. while such properly in the military service of
the United States either by mpresment contract,
cept where the risk which the property would
be exposed agreed TO be Incurred by the owner and
any person who has sustained shall sustain damage by
the death abandonment and loss of any such horse, mule
while in the service aforesaid in consequence of the
failure the part OF the United States to furnish the
with sufficient forage and any who has lost or shall
cdent any horse mule, OK wagon cart, boat Sleigh
harness while such property was in the service aforesaid
shall be allowed and paid the value thereof the time he
entered the services provided it shall appear that such loss
capture, Abandonment destruction death, without
any fault negligence the of the OF the
of the United States"
To establish claim under this provision it WILL in ad
don the ,tmony required under the head of frs. class
Of be in where the property lost
testimony OF the officer agent of the United States who
impressed contracted for the service of the property
toned in such claim, and also OF the officer under whose
command the same was employed at the time OF the cap
destruction, loss or abandonment declaring in what
the properly taken into the service of the United
States the value thereof whether the risk which
would be exposed agreed be incurred by the owner
whether not regarded horses mules oxen he
gagged supply the same with sufficient forage, in what
the loss happened and whether it
tanned without any fault or neg gence on his part.
The fifth section Of the law enacts:
"That in all instances where any minor has been shall
b. Ss e e s Sae
tay by his parent guardian and has died.
has been or shall be lost capred destroyed or
in tho manner before mentioned said parent or guardian
az in other cases and the further proof hat he is entied
thereto, by having furnished the same
parent gardian of deceased minor will therefore,
in addition such testimony applicable TO his claim is
previously described have to furnish proof that he prov
ded the minor with the property hereip mentioned that
the minor died without paying Tor such properly and that
he, parent guardian, ID entitled TO payment Tor il by
his having furnished the same.
The sixth section of the law enacts,
"That in all instances where any person. other than
minor been, shall be- engaged in the military
Aforesaid and has been shall be, provided with
horse qupments, or with military accouteemen by
any person. the thereof who has risked shall take
the risk, OF such horse equipments military acoouire-
himself, and the has been shall be lost
captured, destroyed abandoned, in the before
mentioned, suoh shall be allowed pay therefor on
making proof in other and the further proof tina
he is entsd thereto by having furnished the same, and
having taken the risk on himself"
Besides the testimony in support OF his claim herein be
required every such thereof will have TO
that no did provide the horse, equipments. or military ac
cou mentioned and took the risk thereof
hmse and he is entitled pay therefor. by having
furnished the and taken the risk thereof on hmsel
and th, proof should be contained in deposition of the
person who had boon provided by him with horse
equipments, or military aoooutremonts
Third Class of Case.
The seventh section of the law enactsi
"Tba in all whe horses have been condemned by
board officers account Of their untnes for service
OF the Government failing supply forage
all such horses and their equpage shall be allowed and paid
for whenever the facts shall be proven by legal and
factory evidence, whether oral written, such con-
dcmned horse and the equipage turned quar-
of the army, whether any receipt therefor
given and produced or not"
To establish claim under this provision the clama nj
adduoe the evidence of the under
head offlrst