paid to claimant. commenced to enforce the same, and to cause the same to be prosecuted to final judgment with all reasonable disBalance, how patch. And if in such action judgment shall be rendered against the United States, or the amount recovered for debt and costs shall be less than the amount so withheld as before provided, the balance shall then be paid over to such plaintiff by such Secretary with six per cent interest, thereon for the time it has been withheld from the plaintiff. Act of March 3, 1875 (18 Stat L., 481). Interest. Oath by per sons prosecuting claims. July 17, 1862, c. 610. PROSECUTION OF CLAIMS. 198. Any person prosecuting claims, either as attorney or on his own account, before any of the Departments or 205, s. 1, v. 12, p. Bureaus of the United States, shall be required to take the oath of allegiance, and to support the Constitution of the United States, as required of persons in the civil service. (See secs. 1756, 1757 R. S.) Sec. 3478, R.S. Who may ad minister the oath. 205, s. 2, v. 12, p. 610. loyalists. Res. 46, v. 14, p. 571. 199. The oath provided for in the preceding section may July 17, 1862, c. be taken before any justice of the peace, notary public, or other person who is legally authorized to administer an oath Sec. 3479, R.S. in the State or district where the same may be administered. Claims of dis- 200. It shall be unlawful for any officer to pay any account, Mar. 2, 1867 claim, or demand against the United States which accrued or existed prior to the thirteenth day of April, eighteen Sec. 3480, R.S. hundred and sixty one, in favor of any person who promoted, encouraged, or in any manner sustained the late rebellion, or in favor of any person who during such rebellion was not known to be opposed thereto, and distinctly in favor of its suppression; and no pardon heretofore granted, or hereafter to be granted, shall authorize the payment of such account, claim, or demand, until this scction is modified or repealed. But this section shall not be construed to prohibit the payment of claims founded upon contracts made by any of the Departments, where such claims were assigned or contracted to be assigned prior to the first day of April, eighteen hundred and sixty-one, to the creditors of such contractors, loyal citizens of loyal States, in payment of debts incurred prior to the first day of March, eighteen hundred and sixty-one.1 Claims for col- 201. No claims against the United States, for collecting, lecting, etc., vol unteers to be pre- drilling, or organizing volunteers for the war of the resented prior to June 30, 1874. bellion, shall be audited or paid unless presented before By the act of March 3, 1877, chapter 105, volume 19, page 362, provision was made for the payment of the amounts due to mail contractors for mail service performed in the States recently in rebellion, and before said States respectively engaged in war against the United States; and the provisions of this section of the Revised Statutes were declared to be not applicable to the payments therein authorized. 226, s. 1, v. 17, p. the thirtieth day of June, eighteen hundred and seventy-Mar. 3, 1873, c. four. No claims for horses lost prior to the first day of 500. January, eighteen hundred and seventy-two, shall be aud- Sec. 3489, R.S. ited or paid unless presented before the thirtieth day of June, eighteen hundred and seventy-four. Penalty for making false United States. 67, s. 3, v. 12, p. 202. Any person not in the military or naval forces of the United States, or in the militia called into or actually claims against employed in the service of the United States, who shall do Mar. 2, 1863, c. or commit any of the acts prohibited by any of the pro- 698. visions of section fifty-four hundred and thirty-eight, Sec.3490, R. S. Title "CRIMES," shall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. ery of same. 1863, c. 67, s. 4, v. 12, p. 203. The several district courts of the United States, the Suits for recov supreme court of the District of Columbia, the several dis-Mar. trict courts of the Territories of the United States, within 698. whose jurisdictional limits the person doing or committing Sec.3491, R. S. such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. 204. It shall be the duty of the several district attorneys of the United States for the respective districts, for the District of Columbia, and for the several Territories, to be diligent in inquiring into any violation of the provisions of section thirty-four hundred and ninety by persons liable to such suit, and found within their respective districts or Territories, and to cause them to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the sum of two thousand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. Duty of dis trict attorney as to such cases, 67, s. 5, v. 12, p. Mar. 2, 1863, c. 698. Sec.3492, R. S. Rights of per sons bringing 205. The person bringing said suit and prosecuting it to final judgment shall be entitled to receive one-half the such suits. Mar. 2, 1863, c. amount of such forfeiture, as well as one-half the amount 67, s. 6, v. 12, p. 698. of the damages he shall recover and collect; and the other Sec.3493, R. S. half thereof shall belong to and be paid over to the United States; and such person shall be entitled to receive to his own use all costs the court may award against the defend. ant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in the case, and shall have no claim therefor on the United States. Limitation of suit. Sec. 7, ibid. Sec.3494, R. S. officers for battle, etc. Sec. 3482,R. S. 206. Every such suit shall be commenced within six years from the commission of the act, and not afterward. PAYMENT FOR HORSES LOST IN SERVICE. Payment to 207. Any field, or staff, or other officer, mounted militiahorses lost in man, volunteer, ranger, or cavalryman, engaged in the Mar. 3, 1849, c. military service of the United States, who sustains damage 129, s.1,v.9, p. 414; June 22, 1874, c. without any fault or negligence on his part, while in the 395, v. 18, p. 193. service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, which dies of the wound, or which, being so wounded, is abandoned by order of his officer and lost, or who sustains damage by the loss of any horse by death or abandonment because of the unavoidable dangers of the sea, when on board a United States transport vessel, or because the United States fails to supply transportation for the horse, and the owner is compelled by the order of his commanding officer to embark and leave him, or in consequence of the United States failing to supply sufficient forage, or because the rider is dismounted and separated from his horse and ordered to do duty on foot at a station detached from his horse, or when the officer in the immediate command orders the horse turned out to graze in the woods, prairies, or commons, because the United States fails to supply sufficient forage, and the loss is consequent thereon, or for the loss of necessary equipage, in consequence of the loss of his horse, shall be allowed and paid the value thereof not to exceed two hundred dollars. But any payment which is made to any one for the use and risk, or for forage, after the death, loss, or abandonment of his horse, shall be deducted from the value thereof, unless he satisfies the paymaster at the time he makes the payment, or thereafter shows, by proof, that he was remounted, in which case the deduction shall only extend to the time he was on foot. And any payment made to any person above mentioned, on account of clothing, to which he is not entitled by law, shall be deducted from the value of his horse or accouterments.' (See sec. 277, R. S.) property lost ice Mar. 3, 1849, c. Mar. 3, 1863, c. 78, Stuart . U.S.. 129,8.2, v.9, p. 415; 8. 5. v. 12, p. 743. 18 Wall., 84. Sec. 3483, R. S. 208. Every person who sustains damage by the capture Payment for or destruction by an enemy, or by the abandonment or in military serv destruction by the order of the commanding general, the commanding officer, or quartermaster, of any horse, mule, ox, wagon, cart, sleigh, harness, steamboat or other vessel, railroad-engine or railroad-car, while such property is in the military service, either by impressment or contract,2 or who sustains damage by the death or abandonment and loss of any horse, mule, or ox, while in the service, in consequence of the failure on the part of the United States to furnish the same with sufficient forage, or whose horse, mule, ox, wagon, cart, boat, sleigh, harness, vessel, railroad-engine, or railroad-car is lost or destroyed by unavoidable accident while such property is in the service, shall be allowed and paid the value thereof at the time when such property was taken into the service, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner: Provided, It appears that such loss, capture, abandonment, destruction, or death was without any fault or negligence on the part of the owner of the property, and while the property was actually employed in the service of the United States. Payment for horses lost by Sec. 3484, B. S. 209. The two preceding sections shall extend to all cases of the loss of horses by any officer, non-commissioned offi- capture. 25, 1864, c. cer, or private in the military service of the United States, 150, v. 13, p. 182. while in the line of his duty in such service, by capture by the enemy, whenever it shall appear that such officer, noncommissioned officer, or private was ordered by his superior officer to surrender to the enemy, and such capture was made in pursuance of such surrender. condemned page. Mar. 3, 1849, c. 129, s.7, v.9, p. 416. Sec. 3485, B. S. 210. Whenever any horse is condemned by a board of Payment for officers, on account of his unfitness for service, in conse- horses and equi quence of the Government failing to supply forage, such horse and his equipage shall be allowed and paid for: Provided, It shall be proven, by satisfactory evidence, whether oral or written, that the condemned horse and the equipage were turned over to a quartermaster of the Army, whether any receipt therefor was given and produced, or not. To authorize a judgment under this section, it is necessary to prove (1) that the claimant owned a horse which he took into the military service; (2) that the horse was lost; (3) that the loss resulted from an exigency or necessity of the military service; and (4) that the loss was without fault or negligence on the part of the claimant. Irby v. U. S, 18 C. Cls. S. R., 259; Shaw's Case, 8 C. Cls. R., 488. The transportation from post to post of military stores remote from the seat of actual war, not forming a portion of an advancing or retreating army, gives to the contractor merely the character of a carrier. He is not in the military service of the United States within the meaning of the act of March 3, 1849. Guttman v. U. S., 9 Ct. Cls., 60; Stuart v. U. S., 18 Wall., 84. Payment to guardian for minor. 129,8.5,v.9, p.415. Sec. 3486, R. S. 211. When any minor engaged in the military service horse lost by of the United States, and provided with a horse or equip. Mar. 3, 1849, c. ments, or with military accouterments, by his parent or guardian, dies, without paying for the property, and the same is lost, captured, destroyed, or abandoned in the manner before mentioned, such 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. Payment to owner for horse service. Sec. 3487, R. S. 212. When any person other than a minor, engaged in the lost in military military service, is provided with a horse or equipments, Mar. 3. 1849, c. or with military accouterments, by any person, being the 129 s.6, v.9, p.416. owner thereof, who takes the risk of such horse, equipments, or military accouterments, on himself, and the same is lost, captured, destroyed, or abandoned, in the manner before mentioned, such owner 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, and having taken the risk on himself. 213. In executing so much of the preceding sections as steamboats, provides for payment for steamboats and other vessels, and June 25, 1864. c. railroad engines or cars, lost or destroyed while in the military service of the United States, the Third Auditor Sec. 3488, R. S. of the Treasury is authorized, in person, or in such manner as he may deem most compatible with the public interests, to take testimony, and make such investigations as he may deem necessary in adjudicating claims; and for such neces sary expenses incurred therein, payment may be made upon proper vouchers, certified and approved by the Third Auditor. Auditor may take testimony as to cars, etc. 147, s. 6, v. 13, p. 160. 214. The first section of the act of March third, eighteen hundred and forty-nine,' providing for the payment for Sec. 1. act of horses and equipments lost by officers or enlisted men in the military service shall not be construed to deny payment 1874, v. 18, p. 193. to such officers or enlisted men, for horses which may have Mar. 3, 1849, con strued. Sec. 1, June 22, been purchased by them in States in insurrection; and payment in any case shall not be refused where the loss resulted from any exigency or necessity of the military service, unless it was caused by the fault or negligence of Claims to be such officers or enlisted men. That no claims under said presented prior to Jan. 1, 1876. section or this amendment thereto shall be considered unless presented prior to the first day of January, eighteen hundred and seventy-six. Act of June 22, 1874 (18 Stat. L., 193). Sec. 2, ibid. 1 Section 3482, Revised Statutes, par. 207, supra. |