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TWENTY-FOURTH CONGRESS . Sess. II. Ch. 5. 1837.

143

thereof; or for the loss of necessary equipage, in consequence of theloss of his horse as aforesaid, shall be allowed and paid the valuethereof: Provided, That if any payment has been, or shall be, made toany one aforesaid, for the use and risk, or for forage, after the death,loss, or abandonment of his horse, said payment shall be deducted fromthe value thereof, unless he satisfied or shall satisfy the paymaster at thetime he made or shall make the payment, or thereafter show, by proof,that he was remounted, in which case the deduction shall only extendto the time he was on foot: And provided, also, If any payment shallhave been, or shall hereafter be, made to any person above mentioned,on account of clothing, to which he was not entitled by law, suchpayment shall be deducted from the value of his horse or accoutre-ments.

Sec. 2. And be it further enacted, That any person who, in the saidmilitary service as a volunteer, or draughted militiaman, furnished orshall furnish himself with arms and military accoutrements, and sus-tained or shall sustain damage by the capture or destruction of thesame, without any fault or negligence on his part, or who lost or shalllose the same by reason of his being wounded in the service, shall beallowed and paid the value thereof.

Sec. 3. And be it further enacted, That any person who sustained orshall sustain damage by the loss, capture, or destruction by an enemy,of any horse, mule, or wagon, cart, boat, sleigh, or harness, while suchproperty was in the military service of the United States , either by im-pressment or contract, except in cases where the risk to which the pro-perty would be exposed was agreed to be incurred by the owner, if itshall appear that such loss, capture, or destruction was without anyfault or negligence on the part of the owner; and any person who,without any such fault or negligence, sustained or shall sustain damageby 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 partof the United States to furnish the same with sufficient forage, shall beallowed and paid the value thereof.

Sec. 4. And be it further enacted, That the claims provided forunder this act shall be adjusted by the Third Auditor, under such rulesas shall be prescribed by the Secretary of War, under the direction orwith the assent of the President of the United States ; as well in regardto the receipt of applications of claimants, as the species and degreeof evidence, the manner in which such evidence shall be taken andauthenticated, which rules shall be such as, in the opinion of the Presi-dent, shall be best calculated to obtain the object of this act, paying adue regard, as well to the claims of individual justice as to the interestsof the United States , which rules and regulations shall be published forfour weeks in such newspapers in which the laws of the United States are published, as the Secretary of War shall direct.

Sec. 5. And be it further enacted, That in all adjudications of saidAuditor upon the claims above mentioned, whether such judgment bein favor of, or adverse to, the claim shall be entered in a book providedby him for that purpose, and under his direction; and when such judg-ment shall be in favor of such claim, the claimant, or his legal repre-sentative, shall be entitled to the amount thereof upon the productionof a copy thereof certified by said Auditor at the Treasury of the Uni-ted States .

Sec. 6. And be it further enacted, That in all instances where anyminor has been, or shall be, engaged in the military service of the Uni-ted States , and was or shall be provided with a horse or equipments, orwith military accoutrements, by his parent or guardian, and has died orshall die without paying for said property, and the same has been orshall be lost, captured, destroyed, or abandoned in the manner before

Proviso.

Further pro-viso.

Volunteers ordraughted mili-tiamen to be al-lowed for arms,&c., lost.

Payment forhorses, mules,wagons, drc.

Claims to beadjusted byThird Auditor,under rules pre-scribed by Se-cretary of War,

&.C.

Rules, &c., tobe published.

Entry of alladjudications tobe made; claim-ants to be paidon producingcertified copiesthereof.

Payment forlosses by mi-nors to be madeto parents orguardians.