United States Statutes at Large/Volume 5/27th Congress/2nd Session/Chapter 185
Chap. CLXXXV.—An Act to amend an act, entitled “An act to provide for the payment of horses, or other property, lost or destroyed in the military service of the United States,” approved the eighteenth day of January, eighteen hundred and thirty-seven.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,Act of 18th Jan. 1837, ch. 5, so amended as to embrace certain claims for the loss of horses, &c. That the above recited act be so amended, as to embrace the claims of any field, or staff, or other officer, mounted militiaman, volunteer, ranger, or cavalry, who has or shall sustain damage, without any fault or negligence on his part, while in the military service of the United States, by the loss of a horse, destroyed or abandoned by order of the commanding general or other commanding officer, or by the loss of a horse by his being shot, or otherwise lost or destroyed by unavoidable accident, without any fault or negligence of the owner, and when he was in the line of his duty, and for the loss of necessary equipage, in consequence of the loss of his horse, as aforesaid, shall be allowed and paid the value thereof at the time of entering the service.
An appeal may be taken, when.Sec. 2. And be it further enacted, That in auditing and settling the claims provided for in this, and in the act which this is intended to amend, an appeal may be taken and prosecuted from the decision of the Auditor rejecting the claim, to the Second Comptroller of the Treasury, under the direction of the Secretary, whose decision shall be conclusive.
Payment for horses, &c. under act of 14th October 1837, ch. 5.Sec. 3. And be it further enacted, That it shall and may be lawful to make compensation for horses, bridles, saddles, and equipments, turned over to the service of the United States, under the act approved October fourteenth, eighteen hundred and thirty-seven, whenever it shall be made to appear that the person to whom they were ordered to be delivered was acting as an officer, although there may be no returns in the Evidence receivable. to show his regular appointment as such officer. And the certificates of proper officers, whether given during or since the expiration of their term of service, shall be receivable by the Auditor in the settlement of such claims.
Approved, August 23, 1842.