3. By the loss of a horse by death or abandonment, because of the unavoidable dangers of the sea, when on board a U. S. transport vessel:
Because the United States failing to supply sufficient forage:
Because the rider was dismounted and separated from his horse, and ordered to do duty on foot at a station detached from his horse;
When the officer in the immediate command ordered or shall order the horse turned out to graze i nteh woods, prairies, or commons because the United States failed or shall fail to supply sufficient forage, and the loss was or shall be consequent thereof:
4. By 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 $200.
Provided, That if any payment has been or shall be made to any one aforesaid;
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, said payment shall be deducted form the value there of, 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 deductions 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 accouterments.
RULES OF EVIDENCE.
To establish a claim under either of the foregoing provisions, the claimant must furnish the evidence of the officer under whose command he was serving when the loss occurred, if alive, or if dead, then the next surviving officer, describing the property, the value thereof at the time of entering the service, the time when, place where,and manner in which the loss occurred, and whether or not it was without any fault or negligence on the part of the claimant. The claimant must himself state the facts above required, and also whether or not he has received from any officer or agent of the Government a horse or equipage in lieu of that lost by him, or any compensation for the same; also whether the horse or equot been furnished by the United States or purchased form some quartermaster; and if so, the name of the officer from whom purchased and the price paid therefor. If the property was appraised at the time the same was taken into the U. S. service,the original valuation list or certified statement of the value as appraised should be furnished.
In cases where the loss is alleged to have occurred "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 was compelled, by the order of his commanding officer, to embark and leaves him," the affidavit of the claimant must, in addition to the declaration above mentioned, declare "that he did, in obedience to the order of his commanding officer, leave said horse and equipage, and that the never sold or otherwise disposed of said horse or equipage, and never received any compensation for either from any person whatever;" and this must be corroborated by the officer who gave the order.
In all cases where the claim extends to equipage, the several articles of which the same consisted, and separate value of each, must be specified.
In no case g evidence be dispensed with, unless the impracticability of producing it be clearly proved; and then the nearest and best other evidence of which the case is susceptible must be furnished in lieu thereof.