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Code · STATUTES-AT-LARGE · Vol. 40 STAT. · October 6, 1917 · Chapter 85

Chapter 85. To provide for the reimbursement of officers, enlisted men, and others in the naval service of the United States for property lost or destroyed in such service

1,085 words·~5 min read·/statutes-at-large/vol-40/chapter-85-1666864·

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CHAP. 85.— An Act To provide for the reimbursement of officers, enlisted men, and others in the naval service of the United States for property lost or destroyed in such service. October 6, 1917.[[H. R. 5647](/us/bill/65/hr/5647).][[Public, No. 70](/us/pl/65/70).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Paymaster GeneralNavy.Reimbursement for losses of personal property.Applications. of the Navy be, and he is hereby, authorized and directed to reimburse such officers, enlisted men, and others in the naval service of the United States as may have suffered, or may hereafter suffer, loss or destruction of or damage to their personal property and effects in the naval service due to the operations of war or by shipwreck or other marine disaster when such loss, destruction, or damage was without 390fault or negligence on the part of the claimant, or where the private property so lost, destroyed, or damaged was shipped on board an unseaworthy vessel by order of an officer authorized to give such order or direct such shipment, or where it appears that the loss, destruction, or damage of or to the private property of the claimant was in consequence of his having given his attention to the saving of the lives of others or of property belonging to the United States which was in danger at the same time and under similar circumstances.
Articles limited.And the liability of the Government under this Act shall be limited to such articles of personal property as the Chief of the Bureau of Navigation of the Navy Department, with reference to the personnel of the Navy, or the major general commandant of the Marine Corps, with reference to the personnel of that corps, in his discretion, shall decide to be reasonable, useful, and proper for such officer, enlisted man, or other person while engaged in the public service in line of Official certificate.duty, and the certificate of said chief of bureau or major general commandant, as the case may be, shall be sufficient voucher for and shall be final as to all matters necessary to the establishment and payment Action of officer upon claims final.or settlement of any claim filed hereunder; and the action of the said chief of bureau or major general commandant, as the case may be, upon all claims arising under this Act shall be final, and no right to prosecute a claim or action in the Court of Claims or in any other court of the United States, or before any accounting officer of the United States, or elsewhere, except as herein provided, shall accrue *Provisos*.Application to Navy claimsto any person by virtue of this Act: *Provided*, That the liability of the Government under this Act shall be limited to such articles of personal property as are required by the United States Naval Regulations and in force at the time of loss or destruction for such officers, petty officers, seamen, or others engaged in the public service in the Marine Corps claims.line of duty: *Provided further*, That with reference to claims of persons in the Marine Corps filed under the terms of this Act the paymaster of the Marine Corps shall make the reimbursement in money, and the quartermaster of the Marine Corps shall make the reimbursement in kind herein provided for: *And provided further*, Limit for presenting claims.That all claims now existing under this Act shall be presented within two years from the passage hereof and not thereafter; and all such claims hereafter arising shall be presented within two years from the occurrence of the loss, destruction, or damage: *And provided Naval service recognized.further*, That the term “in the naval service,” as herein employed, shall be held to include service performed on board any vessel, whether of the Navy or not, provided the claimant is serving on such vessel pursuant to the orders of duly constituted naval authority:
Submission of claims.*And provided further*, That all claimants under this Act shall be required to submit their claims in writing and under oath to the said Chief of the Bureau of Navigation or major general commandant, Determination of prior claims final.as the case may be: *And provided further*, That claims arising in the manner indicated in this Act and which have been settled under the terms of previously existing law shall be regarded as finally determined and no other or further right of recovery under the provisions hereof shall accrue to persons who have submitted such claims as Former laws repealed.[R.
S., secs. 288–290, p. 48](/us/rs/s288–290/p48), repealed.Vol. 28, p. 962, repealed.aforesaid: *And provided further*, That sections two hundred and eighty-eight, two hundred and eighty-nine, and two hundred and ninety, Revised Statutes, and the Act of March second, eighteen hundred and ninety-five (Twenty-eighth Statutes, page nine hundred and Reimbursement in kind or money.sixty-two), are hereby repealed: *And provided further*, That reimbursement for loss, destruction, or damage sustained and determined as herein provided shall be made in kind for such articles as are customarily issued to the service and shall be made in money for other articles at the valuation thereof at the time of their loss, Specified appropriations chargeable therefor.destruction, or damage: *And provided further*, That in cases involving persons in the Navy reimbursement in money shall be made from the 391appropriation “Pay of the Navy,” and reimbursement in kind shall be made from the appropriation “Outfits on first enlistment,” and in cases involving persons in the Marine Corps reimbursement in money shall be made from the appropriation “Pay, Marine Corps,” and reimbursement in kind shall be made from the appropriation “ Clothing, Marine Corps,” respectively, current at the time the claim covering such loss, damage, or destruction is paid: *And provided further*,Coast Guard.Provisions applicable to.
That the provisions of this Act shall apply to the personnel of the Coast Guard in like manner as to the personnel of the Navy, whether the Coast Guard is operating under the Treasury Department or operating as a part of the Navy, and all of the duties, which, underAuthority of officers. this Act, devolve upon the major general commandant of the Marine Corps with reference to the personnel of that corps, shall devolve upon the captain commandant of the Coast Guard, and in cases involving persons in the Coast Guard reimbursement in money shall be made by a disbursing officer of the Coast Guard from the appropriation “Coast Guard” and reimbursement in kind shall be made by the captain commandant from the appropriation “Coast Guard.
” Approved, October 6, 1917.
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