Chapter CLIII. to provide for the payment of claims, for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michigan territory
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Chap. CLIII.— An Act to provide for the payment of claims, for property lost, captured, or destroyed, by the enemy, while in the military service of the United States, during the late war with the Indians on the frontiers of Illinois and Michigan territory.June 30, 1834. *Be it enacted by the Senate and House of Representatives of the United Officers and other persons to be paid the value of property lost. States of America, in Congress assembled,* That any officer, field or staff, volunteer, ranger, cavalry or other persons engaged in the service of the United States in the late campaigns against the Indians on the frontiers of Illinois and Michigan territory, who have sustained damage without any fault or negligence on their part, respectively, by the loss of a horse, or necessary equipage in battle, or by the loss of a horse that was wounded in battle, and afterwards died of said wound while in the service, or who has sustained damage by the reason of the loss of any horse which, in consequence of the United States failing to supply sufficient forage, while engaged in said service, died, or was unavoidably abandoned and lost, or who has sustained damage by reason of the loss of any horse, because the rider was dismounted and separated from his horse, and ordered to do military duty on foot at a station detached from his horse, or for the loss of necessary equipage, in consequence of the loss of his horse as aforesaid, shall be allowed and paid the value thereof: *Provided,* That Proviso. if any payment shall have been made to any officer, soldier or other person as aforesaid, for the use and risk, or for forage after the death or abandonment of said horse, said amount shall be deducted from the value thereof, unless said officer or soldier or other person shall have satisfied the paymaster at the time he made the payment, or shall hereafter show by proof, that he was remounted, in which case the deduction shall only extend to the time such officer, soldier, or other person, served on foot; *And provided, also,* That if any payment shall have been made, Proviso. to any officer or soldier on account of clothing, such payment shall be deducted from the value of his horse and accoutrements; *And provided Proviso. further,* That no claim shall be allowed under the provisions of this section until the best evidence which the nature of the case will admit of, shall be produced before the accounting officer showing the number of horses lost, in manner aforesaid, the time when lost, and the name of the owner.
Sec. 2. *And be it further enacted,* That any person who, in the Indian Volunteers or draughted militiamen to be allowed for arms, &c. wars aforesaid, has acted in the military service of the United States as a volunteer or draughted 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, or who has lost the same by reason of his being wounded in the service, shall be allowed and paid the value thereof.
Sec. 3. *And be it further enacted,* That in all instances where any Parent or guardian to receive compensation on account of deceased minors. minor has been engaged in the military service as aforesaid, during the Indian wars as aforesaid, and was provided with a horse or equipments, or with military accoutrements by his parent or guardian, and has since deceased, without paying for said property, and the same was lost, captured, destroyed, or abandoned, in the manner before mentioned, said parent or guardian shall be allowed pay therefor on making satisfactory proof as in other cases, and the further proof, that he is entitled thereto by having furnished the same.
Sec. 4. *And be it further enacted,* That the third auditor of the trea-727TWENTY-THIRD CONGRESS. Sess. I. Ch. 155, 156. 1834.sury shall adjudicate and decide such claims as may be presented against Third auditor to adjudicate claims. Proviso. the United States, under the provisions of this act, *Provided,* That every claim which exceeds the sum of two hundred dollars, instead of deciding the same, the said third auditor shall report the whole of the proof to Congress at its next session after taking and closing such proof; and he shall have power by constituting a commission or otherwise, to take testimony in any case where he shall think the interests of the United States require further testimony to be taken.
Sec. 5. *And be it further enacted,* That any sum of money to any Amount allowed by auditor to be paid, if not exceeding $200. amount not exceeding two hundred dollars so allowed by said third auditor shall be paid by the Secretary of the Treasury, out of any money in the treasury not otherwise appropriated. Approved, June 30, 1834.