Chapter 163. To amend an Act entitled “An Act to provide for the settlement of the claims of officers and enlisted men of the Army for the loss of private property destroyed in the military service of the United States,” approved March 3, 1885, as amended by the Act of July 9, 1918, and for other purposes
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CHAP. 163.— An Act To amend an Act entitled “An Act to provide for the settlement of the claims of officers and enlisted men of the Army for the loss of private property destroyed in the military service of the United States,” approved March 3, 1885, as amended by the Act of July 9, 1918, and for other purposes. March 4, 1921. [[S. 3750](/us/bill/66/s/3750).] [[Public, No. 391](/us/pl/66/391).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Act entitled “An Loss of property in military service.Vol. 40, p. 880,amended.Act to provide for the settlement of the claims of officers and enlisted men of the Army for loss of private property destroyed in the military service of the United States,” approved March 3, 1885, as amended by the Act of July 9, 1918 (Fortieth Statutes, page 880), be, and the same hereby is, amended to read as follows:
Claims allowed officers, etc., for specified private property lost, etc., after April 5, 1917. " “Section 1. That private property belonging to officers, enlisted men, and members of the Nurse Corps (female) of the Army, including all prescribed articles of equipment and clothing which they are required by law or regulation to own and use in the performance of their duties, and horses and equipment required by law or regulations to be provided by mounted officers, which since the 5th day of April, 1917, has been or shall hereafter be lost, damaged, or destroyed in the military service, shall be replaced, or the damage thereto, or its value recouped to the owner as hereinafter provided, when such loss, If without fault, etc., of owner.damage, or destruction has occurred or shall hereafter occur without fault or negligence on the part of the owner in any of the following circumstances:
“First. Shipped on unseaworthy vessel under orders. When such private property so lost, damaged, or destroyed was shipped on board an unseawortny vessel by order of an officer authorized to give such order or direct such shipment. “Second. If owner was saving life or public property, etc. When it appears that such private property was so lost, damaged, or destroyed in consequence of its owner having given his attention to the saving of human life or property belonging to the United States which was in danger at the same time and under similar circumstances, or while, at the time of such loss, damage, or destruction, the claimant was engaged in authorized military duties in connection therewith. 1437 “Third.
When during travel under orders such private property, In transit by common carrier or Government agency.including the regulating allowance of baggage, transferred by a common carrier, or otherwise transported by the proper agent or agency of the United States Government, is lost, damaged, or destroyed; but replacement, recoupment, or commutation in these circumstances, where the property was or shall be transported by a common carrier, shall be limited to the extent of such loss, damage, or destruction over and above the amount recoverable from said carrier.
“Fourth. When such private property is destroyed or captured Destroyed by enemy, etc.by the enemy, or is destroyed to prevent its falling into the hands of the enemy, or is abandoned on account of lack of transportation or by reason of military emergency requiring its abandonment, or is otherwise lost in the field during campaign. “Sec. 2. That except as to such property as by law or regulation is Limitation on liability, etc.required to be possessed and used by officers, enlisted men, and members of the Army Nurse Corps (female), respectively, the liability of the Government under this Act shall be limited to damage to or loss of such sums of money or such articles of personal property Sums of money included.as the Secretary of War shall decide or declare to be reasonable, useful, necessary, and proper for officers, enlisted men, or members of the Army Nurse Corps (female), respectively, as the case may be, to have in their possession while in quarters, or in the field, engaged in the public service in the line of duty.
“Sec. 3. That the Secretary of War is authorized and directed to Ascertainment of value by Secretary of War.examine into, ascertain, and determine the value of such property lost, destroyed, captured, or abandoned as specified in the foregoing paragraphs, or the amount of damage thereto, as the case may be; and the amount of such value or damage so ascertained and determined Payment or replacement authorized.shall be paid by disbursing officers of the Army, or such property lost, destroyed, captured, or abandoned, or so damaged as to be unfit for service, may be replaced in kind from Government property on hand when the Secretary of War shall so direct.
“Sec. 4. That the tender of replacement or of commutation or the Tender, etc., a final determination of claim.determination made by the Secretary of War upon a claim presented, as provided for in the foregoing section, shall constitute a final determination of any claim cognizable under this chapter, and such claim shall not thereafter be reopened or considered. “Sec. 5. That no claim arising under this Act shall be considered Time limit for presenting claims.unless made within two years from the time that it accrued, except that when a claim accrues in time of war, or when war intervenes within two years after its accrual, such claim may be presented within two years after peace is established.
“Sec. 6. That for the payment of claims arising and established Appropriation for paying claims.under this Act there is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, the sum of $300,000. “Sec. 7. That so much of the Act of March 28, 1918 (Fortieth Former law repealed.Vol. 40, pp. 479, 480, repealed.Statutes, pages 479, 480), as makes provision for the presentation, adjustment, and payment of claims of officers and enlisted men for loss of private property destroyed in the military service be, and the same hereby is, repealed.
” " Approved, March 4, 1921.