Guide for Claimants of Deceased Soldiers: Being Instructions to Army Officers and to Claimants, With a Collation of the Laws of Congress and the ... Offices of the Second Auditor and Comptroller - Softcover

Inhaltsangabe

Excerpt from Guide for Claimants of Deceased Soldiers: Being Instructions to Army Officers and to Claimants, With a Collation of the Laws of Congress and the Orders From the War Department, and the Rules of Practice in the Offices of the Second Auditor and Comptroller of the Treasury

Wherever the law of Feb. 15th, 1862 governs, I see nothing which would prevent such payment. That portion Of it which requires the captain to deliver the pay-roll to the person entitled to such pay or allowance, or to his or her authorized agent or attorney or guardian, is not to be considered as a condition precedent to the payment. The neglect of the captain to discharge his duty in this respect cannot deprive the party entitled, Of the pay due the deceased soldier. This part of the law is merely directory. If the pay-roll is certified by the captain or commanding Officer of the company to which the deceased was attached, the fact Of its being deposited in the proper Office of the war department instead Of being del1vered to, the person entitled to such pay or allowances cannot defeat, and ought not to postpone the payment. The payment Should be made upon and not without audit.

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