Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1849-07-06
BY AUTHORITY.
Acts and Resolutions passed at the Second
Session of the ThirIiCth Congress.

ECNAtuu vi kuO lulltlVtU VVuSIGNSS
IPuRLIc-No. 6O.1-An Act to provide for
the payment of horses and other property
lost or destroyed in the military service of
the United States
Beit enacted by the Senate and House Of
Representatives of the United States of amer
ica IN Congress assembled. That any field, or
staff. or other officer, mounted militiaman, vol |
unteer, ranger, or cavalry, engaged in the militia
ry service of the United States since the eigh- |
teenth of June, eighteen hundred and twelve, |
or who shall hereafter be in said service, and
has sustained, or shall sustain, damage with
out any fault or negligence on his part, while
in said service, by the loss OF horse in bat
tie, or by the loss of horse wounded in bat.
tie, and which has died or shall die of said
wound, or being so wounded, shall be ahan-
doned by order of his officer and lost, or shall
sustain damage by the loss of any horse by
death or abandonment because of the unavoid-
able dangers of the sea when on board an
United States transport vessel, or because the
United States failed to supply transportation
for the horse. and the owner was compelled
by the order OF his commanding officer TO en-
bark and leave him, or in consequence of the
United States failing TO supply sufficient TO-
rage, or because the rider was dismounted and
separated from his horse and ordered to do du-
ty on foot at a station detached from his horse
o. when the officer in the immediate command
ordered or shall order the horse turned out to
Craze in the woods, praities, or commons, be-
cause the United States failed, or shall fail,
to supply sufficient forage. and the loss was
or shall be consequent thereof, or for the loss
OF necessary equpage, IN consequence OF the
loss of his horse, as aforesaid, shall be allow
and ha val ut tn ovoaod
two hundred dollars /: PROVIDED, That if any
payment has been, or shall be, made to any
one aforesaid, for the use and risk, or for TO-
rage 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 10 the
time he was on foot And provided, atso
If any payment shall have been, or shall here.
after be, made TO any person aforementioned
on account of clothing to which he was not
entitled by law, such payment shall be deduc-
ted from the value of his horse or accoutre-
ments.
SEC. 2. Ind be it further enacted That any
person who has sustained, or shall sustain,
damage by the capture or destruction by an
by the order of the commanding general, the
commanding officer or quartermaster of any
horse, mule, OK, wagon, cart, boat, sleigh, OF
harness, while such property was in the mill.
tary service of the United States, either by
impressment or contract, except in cases where
the risk TO which the property would be ex.
posed was agreed to be incurred by the own
er and any person who has sustained, Of
shall sustain, damage by the death or aban
donment and loss of any such horse, mule, oil
OK, while Ill the service aforesaid, in conse.
quence of the failure on the part of the United
States TO furnish the same with sufficient TO-
rage, and any person who has lost, or shall
lose, or has had, or shall have, destroyed by
unavoidable accident, any horse, mule. OK.
wagon, cart, boat, sleigh, or harness, while
such property was in the service aforesaid
shall be allowed and paid the value thereof al
the time he entered the service Provided, Il
shall appear that such loss, capture. abandon
ment, destruction, or death, was without any
fault or negligence on the part of the owner
of the property, and while it was actually en-
ployed in the service of the United States.
SEC. 3. And be it further enacted, That the
claims provided for under this act shall be ad
justed by the Third Auditor, under such rules
as shall be prescribed by the Secretary OF
War, under the direction or with the assent Of
the President of the United States, as we'll in
regard TO the receipt of applications of claim
ants as the species and degree of 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 bes
calculated to obtain the object of this act, pay.
ing due regard as we'll to the claims of indi.
viduals' 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. q. And be it further enacted. That in
all adiuiications of said Auditor upon the
claims aforementioned, whether such judg
ments be in favor of or adverse 10 the claim
shall be entered in book provided by hin
for that purpose, and under his direction anC
when such judgments shall be in favor OF such
claim, the claimant or his legal representative
shall lie entitled to the amount thereof, upor
the production of copy thereof, certified b.
said Auditor, at the Treasury of the United
States.
SEC. 5. Ind be it further enacted, That il
ali instances where any minor has been, o.
shall be, engaged in the military service of thu
UBited States, and was, or shall be, provided
with horse or equi pments, or with military
accoutrement, by his parent or guardian, ant
has died, or shall die, without paying for SAT-
property, and the same has been, or shall be
lost, captured, destroyed, or abandoned in tn,
manner before mentioned, said parent or guar
dian shall be allowed pay therefor, on making
satisfactory proof, as in other cases, and tn
further proof that he is entitled thereto b.
having furnished the same
SEC. 6. And be 1t further enacted, That il
all instances where any person other than
minor has been, or shall be, engaged in tn
military service aforesaid, and has been, O
shall be, provided with horse or equipment
or with military accoutrements by any pei
son, the owner thereof. who has risqued, G
shall take the risque of such horse, equip
ments, or military accoutrements on himself
and the same has been. or shall be, lost, cap
tured, destroyed, or abandoned in the manne
before mentioned, such owner shall be allow
ed pay therefor, on making satisfactory proc
as in other cases. and the further proof tia
he is entitled thereto. by having furnished tn
same, and having taken the risque On himself
Sec. I. Ard be 1! further enacted, That i
all cases where horses have been condemne
by board of officers, on account of their ur
fitness for service, in consequence of the gov
ernment failing to supply forage, all such hol
ses and their equipage shall be allowed an
paid for, whenever the facts shall be proven