Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1849-05-30
IPuRIIC-NO. Sol

IPUBLIC-NO. co.
AN ACT to provide for the payment of horses and
other property lost destroyed in the military
service of the United States.
Be enacted by the Senate and House of Rcprescn-
tatres Of the United States Of America in Congress
sembled, That any field, staff, other officer,
mounted miiltiaman, volunteer, ranger, Or cavalry,
engaged in the service Of the United States since
the eighteenth of June, ei,hteen hundred and
twelve, or who shall hereafter be in said service,
and has sustained or shall sustain, damage without
any fault negligence on his part, while in said
service, by the loss of horse in battle, or by the
loss of horse wounded in battle, and which has
died or shall die of said wound, or being so wound
ed shall be abandoned by order Of his officer and
lost, shall sustain damage by the loss of any
horse by death or abandonment because OF the
voidable dangers ofthc sea when on board an Uni
ted States transport vessel, or because the United
States failed to supply transportation for the horse,
and the owner compelled the order of his
handing officer 10 embark and leave him, or in con-
sequence of the United States failing 10 supply suf-
fcient forage or because the rider was dlsmounted
and separated from his horse and ordered do
" foot at station detached from his horse, Or
when the officer in the immediate command order
ed shall order the horse turned out to Craze in
the woods, praIries, or commons, because the Uni
ted States failed, shah fail, TO supply sufficient
forage and the loss was or Shall be consequent
thereof, for the loss Of necessary equipage, in
consequence of the loss of his hoIs aforesaid,
shall be allowed and paid the value thereof, not to
/
payment has been, or shall be, made to any one
afore said, for the and risk, for forage after
the death, loss, abandonment of his horse, said
payment shall be deducted from the value thereof,
unless he satisfied, shall satisfy, the paymastcr
| at the time he made shall make the payment, or
| thereafter show by proof, that he remounted,
in which the deduction shall only extend to the
! time he foot: And provided, also, If any
payment shall have been, shall hereafter made
to any person above mentioned, on account OF Clo-
| thine a which he not entitled by law. SuCh
| payment shall he deducted from the value Of his
| horse or accourements.
SEC. ?. Ana be ii further enacted, That any per-
| son who has sustained or shall sustain, damage by
the capture destruction by an enemy, or by the
abandonment destruction by the order of the
| commanding general, the commanding officer or
Quartermaster Of any horse, mule OK, wagon, cart,
| boat, sleigh, or harness, while such property was
in the military service of the United States, either
by impressment or contract, except in cases where
| the risk to witch 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 OK, while in the service aforesaid
in consequence of the failure the part of the Uni
ted States to furnish the same with u tClcnt forage
and any person who has lost Or Shall lose, or has
had, shall have. destroyed by unavoidable acct
dent, any horse, mue OK, wagon, cart, boat, slelg
or harness, while such property in the service
aforesaid, shall be allowed and paid the value there
Of at the time he entered the service: Provided,
shall appear that such loss, capture, abandonment
destruction or death, without any fault neg
| ligence 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 belt further enacted, That the claims
provided for binder this act shall be adjusted by the
Third Auditor, under such rules shall be prescri.
| bed by the Secretary of War, undnr the direction
or with the Assem-. 0f the President of the United
States, as well in regard 20 the receipt Of applica
lions of claimants the species AMI degree Of v.
idence the manner in which such evidence shall be
taken and autsenticated, which rules shall be such
as in the opinion oftpc President shall be best cal
cuated to obtain the object of this act, paying 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 newspaper, in which the laws Of the United
States are published, the Secretary of War shall
direct.
Sec. 4. And be It further enacted, That in all ad
Indications of said Auditor upon the claims above
| mentioned, wheteer such judgments be in favor o
or adverse to the claim, shall be entered in bool
provided by him for that purpose; and under hi:
directions; and when such judgment shalibe in favo
of such claim, the claimant or his legal represen
tative shall be entitled to the amount thereof, upor
the production Of COPY thereof, certified by sait
Auditor, at the treasury Of the United States.