United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 40
[Obsolete.]
Chap. XL.—An Act to authorize the payment for property lost, captured, or destroyed by the enemy, while in the military service of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any volunteer, or Act of March 3, 1817, ch. 110.
Act of March 3, 1825, ch. 67.
Act of April 20, 1818, ch. 119.
Horses killed in battle, or dying from wounds, or from failure of forage, &c. to be paid for.drafted militiaman, whether of cavalry, mounted riflemen, or infantry, who, in the late war between the United States and Great Britain, has sustained damage by the loss of any horse which has been killed in battle, or which has died in consequence of a wound therein received, or in consequence of failure on the part of the United States, to furnish such horse with sufficient forage, while in the military service of the United States, shall be allowed and paid the value thereof.
Horses lost by the owner being dismounted, or detached, &c. or by the rider’s being killed, &c. to be paid for.Sec. 2. And be it further enacted, That any person, whether of cavalry, mounted militia, or volunteers, who, in the late war aforesaid, has sustained damage by the loss of a horse, in consequence of the owner being dismounted, or separated and detached from the same, by order of the commanding officer, or in consequence of the rider being killed or wounded in battle, shall be allowed and paid the value of such horse at the time he was received into public service.
Horses, mules, oxen, wagons, carts, boats, sleighs, or harness, lost in military service, except, &c. to be paid for.Sec. 3. And be it further enacted, That any person who, in the late war aforesaid, has sustained damage by the loss, capture, or destruction, by an enemy, of any horse, mule, ox, 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 which the property would be exposed was agreed to be incurred by the owner, if it shall appear that such loss, capture, or destruction, was without any fault or negligence on the part of the owner; and any person, who, during the time aforesaid, has sustained damage by the death of any such horse, mule, or ox, in consequence of failure on the part of the United States to furnish the same with sufficient forage, while in the service aforesaid, shall be allowed and paid the value thereof.
Persons who furnished themselves with arms, &c. and have sustained damage by their capture, &c. to be paid the value of them.
Property impressed, &c., and destroyed, lost or consumed, to be paid for, deducting, &c.Sec. 4. And be it further enacted, That any person who, in the time aforesaid, has acted in the military service of the United States as a volunteer or drafted militiaman, and who has furnished himself with arms and military accoutrements, and has sustained damage by the capture or destruction of the same, without any fault or negligence on his part, shall be allowed and paid the value thereof.
Sec. 5. And be it further enacted, That where any property has been impressed, or taken by public authority, for the use or subsistence of the army, during the late war, and the same shall have been destroyed, lost, or consumed, the owner of such property shall be paid the value thereof, deducting therefrom the amount which has been paid, or may be claimed, for the use and risk for the same, while in the service aforesaid.
No compensation where the owner, &c., has received satisfaction, &c.
Persons claiming compensation to release all claims against the person who impressed, &c.
Where the owner of the property has recovered from individuals, the latter to be entitled to the compensation.Sec. 6. And be it further enacted, That nothing in this act contained shall be so construed as to enable the owner of any such property, or his legal representatives, to receive compensation for such loss or damage as above mentioned, where the owner of such property, or his legal representatives, may have recovered or received satisfaction for such loss from the persons who may have taken or impressed such property into the public service; and that every person claiming such compensation shall, at the time of receiving the same, release all claims he may have against the officer of person who may have impressed, taken, or used, such property in the public service; and that, in all cases where the owner of such property, or his legal representative, may have recovered and received satisfaction for such loss or injury, from the person who shall so have taken such property into the public service, the said officer or person, who shall so have paid such loss or damage, shall be entitled to receive the compensation provided by this act for such loss or damage.
At the rate of 40 cents per day for each horse furnished themselves by officers of volunteer cavalry, &c.Sec. 7. And be it further enacted, That the accountant of the War Department, in adjusting and settling the accounts of the different paymasters, is hereby authorized to allow the officers of volunteer cavalry, who furnished their own horses while in the public service, at the rate of forty cents per day for each horse so furnished, which any such officer was entitled by law to keep in such service, agreeably to the rank of such officer.
40 cents per day for each horse on which officers or privates in the cavalry service, &c. may have been re-mounted by the United States after the loss of their own, &c.Sec. 8. And be it further enacted, That when any officer, non-commissioned officer, or private, in the cavalry service, as aforesaid, having lost the horse or horses, which may have been taken by him into the said service, has received from the United States another horse or horses, in lieu; or in part payment, for the horse or horses so previously lost as aforesaid, such officer, non-commissioned officer, or private, shall be entitled to receive the allowance of forty cents per day, for the use and risk of the horse on which he may have been so remounted.
Sec. 9. And be it further enacted, That any person who, in the time aforesaidHouses occupied as military deposites, &c., and destroyed by the enemy in consequence of such occupation to be paid for., has sustained damage by the destruction of his or her house or building by the enemy, while the same was occupied as a military deposite, under the authority of an officer or agent of the United States, shall be allowed and paid the amount of such damage: Provided, It shall appear that such occupation was the cause of its destruction.
Sec. 10. And be it further enacted, That the loss or destruction, as aforesaid, as well as the value,The loss, destruction and value of property, to be ascertained by the best evidence, &c. of such property shall be ascertained by the best evidence which the nature of the case will admit of, and which may be in the power of the party to produce; and the amount thereof, when established and ascertained, according to the provisions of this act, shall be paid to the sufferer or sufferers, out of any money in the treasury, not otherwise appropriated.
The President, &c. to appoint a commissioner.
His duty.
2,000 dollars compensation to the commissioner, &c.
Official communications free of postage.Sec. 11. And be it further enacted, That for the more speedy execution of the provisions of this act, the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint one commissioner, whose duty it shall be to decide upon all cases arising under this act; and who, in the discharge of his duties, shall be subject to such rules and regulations as shall be prescribed by the President of the United States. Such commissioner shall receive, as compensation for his services, at the rate of two thousand dollars per annum, for the time he shall be actually employed, which shall not exceed two years, to be computed from and after the passage of this act. All official communications to and from the commissioner appointed under this act, shall be free of postage.
Commissioner to take an oath.
Form of the oath.Sec. 12. And be it further enacted, That the said commissioner, so to be appointed, before he enters upon the duties of his office, shall take the following oath, to wit: “I, A B, do solemnly swear, that I will well and truly, according to the best of my abilities, discharge the duties of commissioner under an act of Congress, entitled ‘An act to authorize the payment for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, and for other purposes;’ so help me God.”The commissioner to appoint a clerk, and establish rules, &c.
Rules, &c. to be published in the newspapers. Upon which he shall proceed to appoint a clerk; and shall proceed, with all practicable despatch, to establish, under the direction, or with the assent, of the President of the United States, such rules, as well in regard to the receipt of applications of claimants to compensation for losses provided for by this act, as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, as shall, in his opinion, be the best calculated to attain the objects of this act; paying a due regard, in the establishment of such regulations, as well to the claims of individual justice as to the interest of the United States: which rules and regulations shall, upon his adoption, be published for eight weeks, successively, in the newspapers in the several states and territories in which the laws of the United States are published.
Where the claim exceeds 200 dollars a commission is to be awarded, &c. for examination of witnesses.Sec. 13. And be it further enacted, That the said commissioner shall, in all cases in which the claim to compensation or indemnity shall exceed the sum of two hundred dollars, award a commission to some one or more or discreet commissioner in the vicinity of where the witnesses are stated to reside, accompanied by interrogatories to be propounded to such witnesses, which said commission, when executed, shall be returned, together with the examinations to be taken in virtue thereof, by mail, free of postage, to the office of the said commissioner.
Adjudications of the commissioner to be entered in a book by the clerk.
Payments to be made upon certified copies of judgments, &c.Sec. 14. And be it further enacted, That, in all adjudications for the said commissioner upon the claims above-mentioned, whether such judgment be in favour of, or adverse to, the claim of the applicant, the same shall be entered by his clerk in a book to be provided for that purpose: And when such judgment shall be in favour of such claim, shall entitle the claimant, or his legal representative, upon the production of a copy of such judgment, duly certified by the clerk of said commissioner, to payment of the amount thereof at the treasury of the United States.
Claims barred unless presented within two years.Sec. 15. And be it further enacted, That no claim authorized by this act shall be allowed or paid, unless the same shall be exhibited within two years from the passing hereof.
Approved, March 25, 1816.