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tion, in the naval service of the United States, he will make the statement required in the foregoing oath of identity, in the form of a declaration, simply substituting the word "declare," for "swear," wherever it occurs; and sign the same before a commissioned officer of his vessel or station, who will certify to the fact, and also to the personal description of the claimant, as required from a civil authenticating officer. This declaration must be accompanied by the same proofs of identity, in every respect, as the oath of identity of a claimant not in service.

Extra pay due a deceased person may be paid to his legal representatives, made such by letters testamentary, if his will expressly recites it, or to a residuary legatee. The executor or legatee must furnish an authenticated copy of the will, from the court which admitted it to probate, together with his oath of identity, receipts or power of attorney, etc. It may also be paid on letters of administration, which letters of administration must recite the names of all the heirs, and there must be indisputable evidence presented of the death of the person on account of whose service the claim is made, provided such letters show that the bond is double the amount due, and that such letters were granted to the only heir, or to the heir having the first right to administer, or at the request of all the other heirs, or to a creditor, and, in the latter case, only to the amount of such claim against the deceased as may be approved by the court granting such letters.

Form of Oath of Identity by Executor or Administrator. I, - of - in the county of - State of -, depose and say that I am the identical named in the accompanying letters of administration [or letters testamentary, or copy of letters, etc., as the case may be], on the estate of deceased, and that said letters are unrevoked and now in full force and effect; that the said was at the time of his death a legal

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resident of, county of, State of, and that he was the identical person who served by that name on board the United States ship on the coast of California, in the years - who is named in the certificate of discharge herewith surrendered, and who died [state where he died, and whether he was in the service of the United States or not at the time of his death], on or about the 18, and to whose estate extra pay is due under the provisions of the act of Congress of March 3, 1853, and for which extra pay I now apply as his legal representative. And I further swear that the said age; that he was about

eyes and

or about the

day of

was a native of

was

years of

on

feet- inches in height, of -complexion, hair, and that he entered the naval service at day of -, 18-. [State whether these facts were matters of personal knowledge to the deponent, or were derived from others. If the discharge be not produced, he must depose to having made due search for it among the effects of the decedent, and to any facts in reference to the disposition of it within his knowledge. (Signature of Claimant.)

in and for the county and State - who signed the foregoing

aforesaid, duly qualified to administer oaths,

deposition in my presence, and made oath to the truth of the same.

And I certify that I know the deponent to be the administrator named in the accompanying letters of administration.

Witness my hand, this day of

[Here will follow the certificate and seal of Clerk.] If an executor or administrator desires to be paid through a third party, he will execute a power of attorney and acknowledgment of the same according to the forms heretofore prescribed, making the necessary changes.

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CHAPTER XXVII.

CLAIMS FOR HORSES OR OTHER PROPERTY LOST OR DESTROYED.

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SUNDRY acts have been passed making compensation for the loss or destruction of horses or other property in battle or otherwise, in the service; but the act of March. 3, 1849, is so broad in its provisions, that it practically supersedes all other acts, and renders their insertion here unnecessary.

AN ACT to provide for the payment of Horses and other Property lost or destroyed in the Military Service of the United States, approved March 3, 1849. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any field, or staff, or other officer, mounted militiaman, volunteer, ranger or cavalry, engaged in the military service of the United States since the 18th of June, 1812, or who shall hereafter be in said service, and has sustained, or shall sustain damage without any fault or negligence on his part, while in said service, by the loss of a horse in battle, or by the loss of a horse wounded in battle, and which has died, or shall die of said wound, or, being so wounded, shall be abandoned by order of his officer and lost, or shall sustain 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 failed to supply transportation for the horse, and the owner was 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 was dismounted and separated from his horse, and ordered to do duty on foot, at a station detached from his horse, and when the officer in the immediate command ordered or shall order the horse turned out to graze in the woods, prairies or commons, because the United States

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failed or shall fail to supply sufficient forage, and the loss was or shall be consequent thereof, 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, not to exceed two hundred dollars, provided, that if any payment has been or shall be made to any one aforesaid for the use and risk, or for forage after the death, loss or abandonment of his horse, and payment shall be deducted from the value thereof, unless he satisfied or shall satisfy the paymaster at the time he made or shall make the payment, or thereafter show by proof that he was remounted, in which case, the deduction shall only extend to the time he was on foot; and provided, also, if any payment shall have been or shall hereafter be made to any person above mentioned on account of clothing, to which he was not entitled by law, such payment shall be deducted from the value of his horse or accoutrements.

SEC. 2. And be it further enacted, That any person who has sustained or shall sustain damage by the capture or destruction by an enemy, or by the abandonment or destruction, by the order of the commanding-general, the commanding officer or quartermaster of any horse, mule ox, wagon, cart, boat, sleigh or harness, while such property was in the military service of the United States, either by impressment or contract, except in cases where the risk to which the property would be exposed was agreed to be incurred by the owner, and any person who has sustained or shall sustain damage by the death or abandonment and loss of any such horse, mule or ́ ox, while in the service aforesaid, in consequence of the failure on the part of the United States to furnish the same with sufficient forage; and any person who has lost, or shall lose, or has had or shall have destroyed by unavoidable accident any horse, mule, ox, wagon, cart, boat, sleigh or harness, while such property was in the service aforesaid, shall be allowed and paid the value thereof at the time he entered the service: Provided, it shall appear 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 it was actually employed in the service of the United States.

SEC. 3. And be it further enacted, That the claims provided for under this act shall be adjusted by the third auditor, under such rules as shall be prescribed by the Secretary of War, under the direction or with the assent of the President of the United States,

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as well in regard to the receipt of applications of claimants as the species and degree of evidence, the manner in which such evidence shall be taken and authenticated, which rules shall be such as, in the opinion of the President, shall be best calculated to obtain the object of this act, paying a due regard as well to the claims of individual justice as to the interest of the United States; which rules and regulations shall be published for four weeks in such newspapers, in which the laws of the United States are published, as the Secretary of War shall direct.

SEC 4. And be it further enacted, That in all adjudications of said auditor upon the claims above-mentioned, whether such judgments be in favor of or adverse to the claim, shall be entered in a book provided by him for that purpose, and under his direction; and when such judgments shall be in favor of such claim, the claimant or his legal representative shall be entitled to the amount thereof, certified by said auditor, at the Treasury of the United States.

SEC. 5. And be it further enacted, That in all instances where any minor has been or shall be engaged in the military service of the United States, and was or shall be provided with a horse or equip ments, or military accouterments, by his parent or guardian, and has died or shall die without paying for said property, and the same has been or shall be 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. 6. And be it further enacted, That in all instances where any person, other than a minor, has been or shall be engaged in the military service aforesaid, and has been or shall be provided with a horse or equipments, or with military accouterments, by any person, the owner thereof, who has risked or shall take the risk of such horse, equipments or military accouterments on himself, and the same has been or shall be lost, captured, destroyed or abandoned, in the manner before mentioned, such owner shall be allowed pay therefor, on making 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.

SEC. 7. And be it further enacted, That in all cases where horses have been condemned by a board of officers on account of their unfitness for service, in consequence of the Government failing to supply forage, all such horses and their equipage shall be allowed