^UMUP^ ®0mril llttiti^tijsitj pibwg 97»4 ■ows when this volume was taken. i.v renew A is book copy the call No, and give to the Ubranan. HOME USE RULES All Books subject to Recall All borrowers must regis- ter in the library to borrow books for, home use. All books must be re- turned at end of college year for inspection and repairs. ' \ ' Limited books must be re- turned within the four week limit and not renewed. Students must return all books before leaving town. Officers should arrange , f of ! the return of books wanted during thfeir absence from town. Volumes of periodicals and of pamphlets are held in the library as much as possilble. For special pur- poses they are given out for a limited time. Borrowers shouldnot use their library privileges for the benefit of other persons. Books of special value and gift books, when the giver wishes it , are not' allowed to circulate.^ Readers are asked to re- port all cases of books marked or mutilated; Bo not deface books by marks and writing.' VB360 ./Sj™ W"'™"'' '■""■"^ 'iSlKlmilimffi^^^^ *° '"« Navy olin 3 1924 032 559 084 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924032559084 COMPILATION OF LAWS RELATING TO THE NAVY, MARINE CORPS, ETC, FROM THE REVISED STATUTES STJBSEQTJEI^^T ^OTS MARCH 3, 1883. PKEPARED BY JOIJN W. HOGG, PUBLISHED BT AUTHOEITT OF TBIFSTAVY DEPARTMENT. WASHINGTON: "^ GOVERNMENT PRINTING OPFIOB. "^'p. 1883. XcorSeliX UN!VERSfTYj ^s ^ LIBRARY PREFACE. This compilation, it is hoped, will prove to the Navy a convenieut liand-book; and the fact that it was prepared under many difficulties and during unofficial hours, may excuse any omissions. The arrangement of the work is not so complete as it would be by fur- ther dissection of the subject-matter, with more numerous headings; but bj" its division into parts and an alphabetical grouping of subjects, with a full index at the end, it is believed little difficulty will be expe- I'ienced, especially after some familiarity with its arrangement, in find- ing any portion of its contents sought. Many of the sections are repeated in the compilation, witji the view of placing matter under appropriate heads. The citation of the acts, from the Statutes at Large, on which the sections are based, which was ■omitted in the compilation of 1875, and some references to opinions and decisions, have been introduced — the latter not, however, as authority for action or decision on any case, but rather as information. The words in italics, in certain sections, are intended to make such sections conform to existing law; legislation subsequent .to the revision ' of the Statutes rendering it necessary. Headings areiu some instances supplied. Much that was in the compilation of 1875, although possessing value to many seeking information,, has been omitted from this, as not essen- tially necessary for those for whom the work is designed. Portions of Part IV may be seldom referred to, but it was thought advisable to retain such matter, as it may be brought into use occasionally. > JNO. W. HOGG, Chief Cleric, Navy Department, G^E]N^E:iiA.L j^:Ei^iA.NGr:EiM:ii:N'r, Part I. ECLATING TO THE NAVY, PRINCIPALLY. Articles governing the Kavy, and other raiacel- lameons provisions. Chaplains. ' «' •Civil engineers. Contracts and supplies. \ lieserters and desertion. Bisraiseal and resignation of officers. Engineer Corps. Hospitals, asylums, artificial limhs, and cemeter- ies. Hydrograplxic Office. Line officers. Mates. . Medical Corps. Nautical Almanac. ^Naval Academy— Naval cadets. Naval constructors. Naval Observatory. Naval storekeepers. Navy-yards. Pay Corps. Pay and allowances; Professors of mathematics. Promotion and advancement. Kank ajid prpcedence. Retirement. nations . Secretaries and clerks. Seamen and petty oflicers. Vessels of the Navy. Volunteer service. W'arrant officers. Part II. THE MARINE COliPS. Part III. ACCOUNTS, ACCOUNTING AND DISBURSING OFFICERS, PUBLIC MONEY AND PROPERTY, NAVY DEPARTMENT AND BUREAUS, CIVIL SERVICE, ETC. Appropriations and estimates. Accounting officers and accounts. A dvertising. Attorney-General and Department of Justice. Civil service — Department employfis and regula- tions. Claims and claim agents. Court of Claims. Contingent funds. Debts dueb^ and to the United States. Distress warrants. Disbursing officers and agents— Checks, drafts, coins, and currency. Navy Department and Bureaus. Public documents, public printing and binding. Public or Department records. Public property and public buildings. Statuses. ' J, Part IV. MISCELLANEOUS. Uribes, presents, and contributions. Bounty and bounty land. Coast Surv^. Collisions — Rules of the sea. Diplomatic and consular officers. Expatriation. Extradition. Fish Commission. Flags and standards. Fraud, forgery, and theft. Guano islands. Habeas corpus. IHomesteads. Importation. Life-Saving Service. Lights and buoys. Merchant vessels and service, and yachts. . Murder, mutiny, See. Neutrality. Patents. Pensions. Pension funds. Pet-jury. Piracy. Pilotage. Postal laws, «fcc. Prize and-salvage. Quarantine and Board of Health, Railroads and telegraphs. Reserved timber lands. Revenue-Cutlfer Service. Slave and cool;^ t;rade ; kidnapping. Treason, conspiracy, insurrection, and rebellion. 5 LA.W^S Part I. AETICLES FOE THE GOVERNMENT OF THE NAVY. Sec. 1624. Articles established. ^ Art. 1. Commander's duties of supervision and cor- rection. 2. Divine service. 3. Irreverent behavior. 4. Offenses punis'hahle by death : 1. Mutiny. 2. Disobedience of orders. 3. Striking superior officer. 4. Intercourse with an enemy. 5. Messages from an enemy." 6. Desertion in time of war. 7. Deserting trust. 8. Sleeping on watch. 9. Leaving station. 10. "Willful stranding or injury of vessel. 11. Unlawful destruction ot public property. 12. Striking flag or treacherously yielding. 13. Cowardice in battle. 14. Deserting duty in battle. 15. Ifeglecting orders to prepare for battle. 16. ^Neglecting to clear for action. 17. Neglecting to join on signal for battle. 18. Palling to encourage the men to fight. 19. Failing to seek encounter. 20. Failing to afford relief in battle. 5. Spies. 6. Murder. 7. Imprisonment in penitentiary. 8. Ofienses ;punishable at discretion of court-mar- tial: 1. Profanity, falsehood, &c. 2. Cruelty. 3.* Quarreling. 4. Fomenting quarrels. 5. Duels. - 6. Contempt of superior officer. 7. Combinations against superior officer. 8. Mutinous words. 9. Neglect of orders. 10. Not preventing destruction of public property. 11. Negligent stranding. 12. Negligence in convoy service. 13. Receiving articles for freight. 14. False muster. 15. Waste of public property, &c. 16. Plundering on shore. 17. Refusing to apprehend offenders. 18. Refusing to receive prisoners. 19. Absence from duty without leave. 20. Violating general orders or regulations. 21. Desertion in time of peace. 22. Harboring deserters. 9. Officers absent without leave may be reduced. 10. Desertion by resignation. 11. Dealing in supplies on piivate account. 12. Importing dutiable goods in public vessels. 13. Distilled spirits only as medical stores. 14. Certain crimes of fraud against the United States . Art. 15. Transmission of prize-lists. 16. Removing property from captured vessels b e- foi e condemned as prize. 17. Maltreating persons taken on a prize. 18. Returning fugitives from service. 19. Enlisting deserters, minors, &c. 20. Duties of commanding officers : 1. Jlen received on board. 2. List of officers, men, and passengers. 3. Deaths and desertions. 4. Property of deceased persons. 5. Accounts of men received. G. Accounts of men sent from the ship. 7. Inspection of provisions. 8. Health of the crew. 9. Attendance at final payment of the crew* 10. Articles to be hung up and read. Punishment for offendiug against this article. 21. Authority of officers after loss of vessel, 22. Offenses not specified. 23. Offenses committed on shore. 24. Punishments by order of ccftnraander. 25. Punishment by officer temporarily command- ing. 26. Summary courts-martial. 27. Constitution of summary courts-martial. 28. Oath of members and recorder. 29. Testimony. 30. Punishments by summary courts. 31. Disrating for incompetency. 32. Execution of sentence of summary court. 38. Remission of sentence. 34. Manner of conducting proceedings. 35. Same punishments by general court-martial. 36. Dismissal of officers. 37. Officers dismissed by President may demand trial. ' 38. General courts- martial, by whom convened. 39. Constitution of. 40. Oaths of members and jxulge-advocate, 41. Oath of witness. 42. Contempts of court. 43. Charges. 44. Duty of officer arrested. 45. Siispension of proceediugs. 46. Absence of members. 47. "Witnesses examined in absence of a member. 48. Suspension of pay. 49. Flogging, branding, &c. 50. Sentences, how determined. 51. Adequate punishment; recommendation to mercy. 52. Authentication of judgment. 53. Confirmation of sentence. 54. Remission and mitigation of i^euteuce. 55. Courts Ot Inquiry, by whom ordered. 56. Constitution of. 57. Powers of. 58. Oath of members and judge-advocate. 59. Rights of party inquired of. 60. rroceediiigfl, lio\v autlu'uticatcd and used as evidence. Sec. 16-24. The Navy of the United States shall he governed hy the T!tlel5,Chap.A 0. following articles : Articles estab- 17 July. 1862, a. 1, v. 12, p. 600. lished. 8 ARTICLES GOVERNING THE NAVY. COMMANDING OFFICERS TO SHOW GOOD EXAMPLE, ETC. wardice in Thirteenth. Or, in time of battle, displays cowardice, negligence- or l)attle. disaffection, or withdraws from or keeps out of danger to which' he should expose himself; ARTICLES GOVERNING THE NAVY. 9 Fourteenth. Or, in time of battle, deserts his duty or station, or en- Desertingduty tices others to do'so ; in battle. Fifteenth. Or does not properly observe the orders of his command- Ifegleoting or- ing officer, and use his utmost exertions to carry them into execution, 4"™ *° P™pare ■when ordered to prepare for or join in, or when actually engaged in, "^ *' battle, or while in sight of an enemy; Sixteenth. Or, being in command of a fleet, squadron, or vessel act- Ifeglectin^ to ing singly, neglects, wh6n an engagement is probable, or when an armed "^^^'^ ^°'^ action, vessel of an enemy or rebel is in sight, to prepare and clear his ship or ships for action ; Seventeenth. Or does not. upon signal for battle, use his utmost ex- Ifegleoting to ■erlious to join in battle : ' join bn signal for ■' ' battle. Eighteenth. Or fails to encourage, in his own person, his inferior offi- I'ailing to en- ters and men to fight courageously; , to'fl'lft '"' Nineteenth. Or does not do his utmost to overtake and capture or Failing to seek •destroy any vessel which it is his duty to encounter ; encounter. Twentieth. Or does not afford all practicable relief and assistance to 3A'?,f wHr*^ vessels belonging to the United States or their allies when engaged in battle. 23 April, 1800, v. 2, p. 47. 17 July, 1862, v.a2, p. 6U1. Art. 5. All persons who, in time of war, or of rebellion against the Spies, enpreme authority of the United States, come or are found in the capac ity of spies, or who bring or deliver any seducing letter or message from . an enemy or rebel, or endeavor to corrupt any person in the Navy to betray his trust, shall suffer death, or such other punishment as a court- martial may adjudge.* 17 July, 1862, 8. 1, V. 12, p. 602, art. 4. 13 Feb., 1862, a. 4, v. 12, p. 340. 3 Mar., 1863, s. 38, v. 12, p. 737. Art. 6. If any person belonging to any public vessel of the United. Murder. States commits the crime of murder without the ti^rritorial jurisdiction thereof, he may be tried by court-martial and punished with death. J. See Piracy, &o., Part IV. J 17 July, 1862, s. 1, V. 12, p. 602, art. 5. IMPRISONMENT FOR LIFE, ETC. Art. 7. A naval court-matial may adjudge the punishment of im- Imprisonmen prisonment for life, or for a stated term, at hard labor, in any case where napenitjntiary. it is authorized to adjudge the, punishment of death ; and such sentences «f imprisonment and hard labor may be carried into execution in any jirison or penitentiary under the control of the United States, or which the United States may be allowed, by the legislature of any State, to rase; and persons so imprisoned in tiie prison or penitentiary of any State or Territory shall be subject, in all respects, to the same discipline .and treatment as convicts sentenced by the courts of the State or Terri- tory in which the same may be situated. I 17 July, 1862, s. 1, T. 12, p. 602, art. 6. IN'OTH — A naval or marine court-martial, upon conyiction for an offence not capital, under articles 7 and 8, may sentence to imprisonment 'at hard labor. — Ops. 12, p. 510, Erarts, Oct. 9, 1868; 10, p. 158, Bates, Nov. 1, 1861; 9; p. 80, Black, Sept. 5, ] 857. It is held in Army practice that a sentence of penitentiary confinement in a case of a purely military offense is wholly unauthorized and should be disapproved. Larceny, embezzlement, violent crime, or other offensos made punishable' witb penitentiary confinement by the law of the State^ &c., may be legally visited with this punishment.— Winthrop's Digest, p. 80. The same principles are now applied by the Navy Department. OPFENSBS PUNISHABLE AT DISCRETION OF COURT. Art. 8. Such punishment as a court-martial may adjudge may be in- flicted on any person in the Navy — vFirst. Who is guilty of profane swearing, falsehood-, drunkenness. Profanity, false- gambling, fraud, theft, or any other scandalous. conduct tending totheliood, &c. ■destruction of good morals ; ' Such other punishment is limited only to that kind of punishment which has become Tisual.— Op. X, 159. Sentence of incapacity or disability not within that range. Can only be awarded when specially authonzed by law. — Naval contractor's case. Op. xil, 528. To be limited to the customs of the service. Cruel and uuu-iual punish- ments are forbidden by the law— martial and the Constitution. — Op. X, 16d. 10 ARTICLES GOVERNING THE NAVY. « Cruelty. Seooud. Or is guilty of cruelty toward, or oppression or-jnaltreatmeut of, any person subject to his orders ; Quarreling. Third. Or quarrels with, strikes, or assault.s, or uses provoking or reproachful words, gestures, or menaces toward, any person in the Navy ; Fomenting Fourth. Or endeavors to foment q uarrels between other person s in th e quarrels. Navy ; Duels. Fifth. Or sends or accepts a challenge to fight a duel or acts as a second in a due) ; I Contempt of Sixth. Or treats his superior o6Scpr with contempt, or is disrespectful superior officer, fo ]iiiii in language or deportment, while in the execution of his office ; Combinations Seventh. Or joins ih or abets any combination to weaken the lawful against superior authority of, or lessen the respect due to, his commanding officer ; " ''■ 17 July, 1862, s. 1, v. 12, p. 602, art. 7. Mutinous Eighth. Or utters any seditious or mutinous words; ■"'oi'tl^- 23 April, 1800, art. 13, v., 2, p. 47. Xeglect of or- Ninth. Oris negligent or careless in obeyingorders, orculpablyinefli- d™^' cient in the performance of duty ; ' Preventing de- Tenth. Or does not use his best, exertions to prevent the unlawful structionofpub-^ggjpmj^jQn of public property by others; If e g 1 1 g e n t Eleventh. Or, through inattention or negligence, suffers any vessel of stranding. the Navy to be stranded, or mu upon a rock or shoal, or hazarded ; ITegligenoe in Twelfth. Or, when attached to any vessel appointed as convoy to auy convoy service.^ merchant or other vessels, fails diligently to perform his duty, or demands or exacts any compensation for his services, or maltreats the officers or crews of such merchant or other vessels; Receiving arti- Thirteenth. Or takes, receives, or permits to be received, on board the cles for freight, yessel to which he is attached, any goods or merchandise, for freight, sale, or traffic, except gold, silver, or jewels, for freight or safe-keeping; or demands or receives any compensation for the receipt or transporta- tion of any other article than gold, silver, or jewels, without authority from the President or Secretary of i he Navy ; False muster. Fourteenth. Or knowingly makes or signs, or aids, abets, directs, or procures the making or signing of, any false muster; AVasteof pub- Fifteenth. Orwastesany ammunition, provisions, orotherpuhlicprop- hc property, ,&c. erty, or, having power to prevent it, knowingly permits such waste ; Plundering on Sixteenth. Or, when on shore, plunders, abuses, or maltreats any in- Bbore. habitant, or injures his property in any way ; Refusing toap- Seventeenth. Or refuses, orfa'ils to use, hisutmost exertions to detect, prebend offend- apprehend, aud bring to punishment all offenders, or to aid all persons "'''■ appointed for that purpose ; Eefusing'to re- Eighteenth. Or, when rated or acting as master-at-arms, refuses to ceive prisoners, receive such prisoners as may be committed to his charge, or, having received them, suffers them to escape, or dismisses them without ordeis from the proper authority ; Abaence from Nineteenth. Or is absent from his station or duty without leave, or duty w 1 1 b o u t after his leave lias expired ; 1 eave. r j err"ord6fa^^or Twentieth. Or violates or refuses obedience to anv lawful general regulations. °^^^^ "^ regulation issued by the Secretary of the Navy ; Desertion in Twenty-first. Or, in time of peace, deserts or attempts to desert, or time 01 peace. aids and entices others to desert ; Harboring de- Twenty-second. Or receives or entertains any deserter from any other sciceis. vessel of the Navy, knowing him to be such, and does not, with all con- venient speed, give notice of such deserter to ihe commander of the vessel to which he belongs, or to the commander-in-chief, or to the coin - mauder of the squadron. 23 April, 1800, v. 2, p. 47. 17 July, 1862, v. 12, p. 602. KEDUCTION OF OFFICE KS, AND DESERTION. Officer absent ART. 9. Any officer who absents himself from his command without may be reducJd" ^^^^^' ^^^t ^J ^^^ sentence of a court-martial, be reduced to the ratin.v' ■ of an ordinary seaman. '^ 16 May, 1864, s. 2, v. 13, p. 75. Desertion b y ART. 10. Any commissioned officer of the Navy or Marine Corps who resignation. having tendered his resignation, quits his post or proper duties without leave, and with intent to remain permanently absent therefrom prior- ARTICLES GOVERNING THE NAVY. 11 to due notice of the acceptance of such resignation, shall he deemed and punished as a deserter. [See Dismissal; also Desertion.] 5 Aug. 1861, s. 2. V. 12, p. 316. DEALING IN SUPPLIES — IMPORTATIONS — DISTILLED SPIRITS, Art, 11. No person in the naval service shall procure stores or other pealinjt in sup- articles or supplies for, and dispose thereof to, the officers or enlisted account ^"^**°' men ou vessels of the Navy, or at navy-yards or naval stations, for his own account or benefit. 26 Aug , 1842, a. 1, v. 5, p. 535. Art. 12. No person connected with the Navy shall, under any pre- . Importing du- tense, import in a pulilio vessel any article which is liahle to the pay- H??v S"""? ™ meutofduty. ^ - ' ^ ^ public vessels. 30 July, 1846, ». 10, v. 9, p. 44. Art. 13. Distilled spirits shall be admitted on board oi vessels of war Distilled spirits only tipon the order and Ander the control of the medical officers of such ™ore^* medical vessels, and to be used only for medical purposes. 14 July, 1862, a. 4, v. 12, p. 565. FRAUD, FORGERY, THEFT, ETC. Art. 14. Fine andimprisoument, orsuch other punishment* as a court- Certain crimes martial may adjadge, shall be inflicted upon any person in the naval " k e^^'u "^j'^'i" service of the United States — States. " Who presents or causes to he presented to any person in the civil, Presenting military, or naval service thereof, for approval or payment, any claim '^'"^ claims, against the United States or any officer thereof, knowing such claim to be false or fraudulent; or Who enters into any agreement or conspiracy to defraud the United Agreement to States by obtaining, or aiding others to obtain, the allowance or pay- "f Se claims °* nient of any false or fraudulent claim; or Who, for the purpose of obtaining, or aiding others to obtain, the False papers.. approval, allowance, or payment of any claim against the United States 01' against any officer thereof, makes or uses, or prQcures or advises the making or use of, any writing, or other paper, knowing the saflae to coatain any false or fraudulent statement ; or Who, for the purpose of obtaining, or aiding others to obtain, the Perjm-y.. approval, allowance, or payment of any claim against the United States or any officer thereof, makes, 6r procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false; or Who, for the purpose of obtaining, or aiding others to obtain, the I'orgerr. approval, allowance, or payment of any claim against the United States or any officer thereof, forges or counterfeits, or procures or advises the forging or counterfeiting of, any signature upon any writing or other paper, or uses, or procures or advises' the use of, any such signature, knowing the same to be forged pr counterfeited; or Who, naving charge, possession, custody, or control of any money or Delivering less other property of the United States, furnished or intended for the naval property than re- service thereof, knowingly delivers, or causes to be delivered, to any "^'^ ""' person having authority to receive the same, any amount thereof less than that for which he receives a, certificate or receipt; or ^ Who, being authorized to make or deliver any paper certifying the &ivingriceipts receipt of any money or other property of the United States, furnished without knowing or intended for the naval service thereof, makes, or delivers to any per- son, such writing, without having full knowledge of the trntfi of the statements therein contained, and with intent to defraud the United States; or Who steals, embezzles, knowingly and willfully misappropriates, ap Stealing, wrong plies to his own use or benefit, or wrongfully and knowingly sells or dis- '"''y selling, &<■• posesof anyordnance, arms, equipments, ammunition, clothing, subsist- ence stores, money or other property of the United States, furnished or intended for the military or naval service thereof; or Who knowingly purchases, or receives in pledge for any obligation Buying public or indebtedness, from any other person who is a part of or employed in mUitary^ prop- said service, any ordinance, arms, equipments, ammunition, clothing, ^ ■' ' ' *Sucli other punishment is limited only to that kind of punishmeut which has become ^gQal. Op. X, 159. Sentence of incapacity or disability not within that range. Can nnlv be awarded when specially authorized by law.— Jifaval contractor's case, Op. Xlf .^28. To be limited to the customs of the service. Cruel and unusual punish- in en'ts are forbidden by the law— martial and the Constitution. — Op. X, 160. 12 ARTICLES GOVERNING THE NAVY. suTjsistence stores, or other property of the United States, such other person not having lawful right tOr sell or pledge the same; or 2 March, 1863, s. 1, t. 12, p. 696. laiK s. -^^o executes, attempts, or countenances any other fraud against the United States. 17 July, 1862, art. 7, v. 12, p. 602. Liable to arrest And if any person, being guilty of any of the offenses described in sind trial after ^jjjg article while in the naval service, receives his discharge, or is dis- ^ismissat^ "" missed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a court-martial, in the same manner and to the same extent aa if he had not received such discharge nor been dismissed. 2 March, 1863, s. 2, v. 12, p. 697. DUTY AS TO PKIZES AND THEIR CREWS. List (ii persons ART. 15. The commanding officer of every vessel in the Navy entitled claimiu': p r i z e • ^q or claiming an award of prize-money shall, as soon as it may be prac- money. ticable after the capture, transmit to the Navy Department a complete list of the officers and men of his vessel entitled to share, stating therein the quality of each person rating; and every commanding officer who offends against this article shall be punished as a court-martial may direct. [See § 4615, Prize.] 17 July, 1862, 8. 5, V. 12, p. 607. Eemoving prop- ART. 16. No person in the Navy shall take out of a prize, or vessel 'crtyfromapnze. geizedas a prize, any money, plate, goods, or any part of her equipment, unless it be for the better preservation thereof, or unless such articles are absolutely needed for the use of any of the vessels or armed forces of the United States, before the same are adjudged lawful prize by a competent court ; but the whole, without fraud, concealment, or embez- zlement, shall be brought in, in order that judgment may be passed thereon; and every person who offends against this article shall be punished as a court-martial may direct. Id., 8. 7. llaltreatiugper Art. 17. If any person in the Navy strips off the clothes of, or pil- nrize "^ * lages, or in any manner maltreats, any person taken on board a prize, ' ' ■ he shall suffer such punishment as a court-martial may adjudge. Id., s. 8. fugitives from service. Keturningfugi- ART. 18. If any officer or person in the naval service employs any of tives from serv- the forces under his command for the purpose of returning any fugitive «e. from service or labor, he shall be dismissed from the service. " 13 March, 1862. s. 1, v. 12, p. 354. ENLISTING DESERTERS, MINORS, ETC. Enlisting de- Art. 19. Any officer who knowingly enlists into the naval service sorters, minors, any deserter from the naval or military service of the United States, or '^' any insane or intoxicated person, or any minor between the ao'es of fif- teen* and eighteen years, without the consent of his parents or guard- ian, or any minor under the age of fifteen* years, shall be punished as a court-martial may direct. [See § § 1418, 1419, 1420, Seamen, Navy.] 3 March, 1865, 8. 18, v. 13, p. 490. 12 May, 1879, v. 21, p. 3. RULES FOR COMMANDING OFFICERS. Art. 20. Every commanding officer of a vessel in the Navy shall obey the following rules : Men received First. Whenever a man enters on board, th6 commanding officer shall onboard. cause an accurate entry to be made in the ship's books, showinn- bis name, the date, place, and term of his enlistment, the place or vessel from which he was received on board, his rating, his descriptive list his aige, place of birth, and citizenship, with such' remarks'as may be neces- sary. *Sootion8 1418, 1419, and 1420 Eovise'l StatutPS have been amended forbiddino- tha eulistmont of minora utxAqt fourteen instead of fifteen years of age. ° ARTICLES GOVERNING THE NAVY. 13 / Second. He shall, before sailing, transmit to the Secretary of the Llstof officers' Navy a complete list of the rated men under his command, showing the ™™' *"" passen particijlars set forth in rule one, and a list of officers and passengers, ^ showing the date of their entering. And he shall cause similar lists to Deaths and de be made out on the first da> of every third month and transmitted to sertions. the Secretary of the Navy as opportunities occur, accounting therein for any casualty which may -have happened since the last list. ; Third. He shall cause to be accurately minuted on the ship's books Property of ae- the names of any persons dying or deserting, and the times at which "^''^^•'P®''*""^- such death or desertion occurs. Fourth. In case of the death of any officer, man, or passenger on said Accounts ^ of vessel, he shall take care that the paymaster secures all the property °'®" receu-od. of the deceased, for the benefit of his legal representatives. Fifth. He shall not receive on board any man transferred from any other vessel or station to him, unless such man is furnished with an account, signed by the captain and paymaster of the vessel or station from which he came, specifying the date of his entry on said vessel or at said sta- tion, the period and term of his service, the sums'paid him, the balance due him, the quality in which he was rated, and his descriptive list. Sixth. He shall, whenever officers or men are sent from his ship, for f""""^^ ffo"^ whatever cause, take care that each man is furnished with a complete jjjg gjjjp, statement of his account, specifying the date of his enlistment, the period and term of his service, and his descriptive list. Said account shall be signed by the commanding officer and paymaster. Seventh. He shall cause frequent inspectionsto be madeintothe.con- Inspection of dition of the provisions on his ship,'aud use every precaution for their Provisions, preservation. Eighth. He shall frequently consult with the surgeon in regard to the Health of crew. sanitary condition of his crew, and shall use all proper means to pre- serve their health. And he ^hall cause a convenient place to be set apart for sick or disabled men, to which he shall have them removed, with their hammocks and bedding, when the surgeon so advises, and shall direct that some of the crew attendthem and keep the place clean. Ninth. He shall attend in person, or appoint a proper officer to attend, fl^^fpavmeu^t of when his crew is finally paid, off, to see that justice is done to the men crew. ^nd to the United States in the settlement of the accounts. 4 *■ i ' * i Tenth. He shall cause the articles for the government of the Navy to ,1^" ^p "^ and be hung up in some public part of the ship and read once a month to his read! ship's company. . Every commanding officer who offends against the provisions of this offiSSfigSinst article shall be punished as a court-martial may direct. this article. 17 Jnly, 1862, s. 16, V. 12, p. 609. AUTHORITY OVEK CREW AFTER LOSS OF VESSEL. Art. 21. When the crew of any vessel of the United States are sepa- Anthority f rated from their vessel by means of her wreck, loss, or destruction, all °f y^gsel. the command and authority given to the officers of such vessel shall remain in full force until such ship's company shall be regularly dis- charged from or ordered again into service, or until a court-martial or court of inquiry shall be held to inquire into the loss of said vessel. And if any officer or man, after such wreck, loss, or destruction, acts contrary to the discipline of the Navy, he shall be punished as a court- martial may direct. 17 July, 1862, s. 14, v. 12, p. 609. OFFENSES NOT SPECIFIED AND ON SHORE. Art. 22. All offenses committed by persons belonging to the Navy ^^"j*'' °°* which are not specified in the foregoing articles shall be punished as a court-martial may direct. Note. — On board a United States vessel of war on the Thames River, under way, opposite New London, a fatal assault was committed upon a member of the crew by another. Held, That a naval court-martial could, under article 22, ^ section 1624 Eevised Statutes, take jurisdiction of the offense as manslaughter. The state authorities could have tried the case, but it would not have ousted , the court-martial of jurisdiction over the same offense so far as it affected the order and discipline of the ship.-Op. XVI, 578, published in General Order (Navy Bepartment 259, January 25, 1881. 14 ARTICLES GOVERNING THE NAVY. Oflinses com- Akt. 23. All offenses committed by persons belonging to the Navy mitttd on shore. ^]iiie on shore shall be punished in the same manner as if they had been committed at sea. 17 July, 1862, 's. 1, V. 12, p. 602, arts. 8 and 9. PUNISUMBNT BY OEDEK OF COMMANDER. Puuishmontljv ■^^'T- 24. No commander of a vessel shall inffiot upon a commissioned ordei ofoommaii- or warrant ofiHoer any other punishment than private reprimand, sas- der, pension from duty, arrest, or oontiuement, and such suspension, arrest, or confinement shall not continue longer than ten days, unless a further period is necessary to bring the offender to trial by a court-martial ; nor shall he inflict, or cause to be inflicted, upon auy petty ofificer, or person, of inferior rating, or marine, for a single offense, or at any one time, any other than one of the following punishments, namely: First. Eeduction of any rating established by himself. Second. Confinement, with or without irons, single or double, not exceediug ten days, unless further confinement be necessary, in the case of a prisoner to be tried by court-martial. Third. Solitary confinement, on bread and water, not exceeding five days. Fourth. Solitary confinement not exceeding seven days. Fifth. Deprivation of liberty on shore. Sixth. Extra duties.' No other punishment shall be permitted on board of vessels belonging to the Navy, except by sentence of a general or summary court-martial. All punishments inflicted by the commander, or by his order, except reprimands, shall be fully entered upon the ship's log. ^ 17 July, 1862, s. 1, v. 12, p. 603, art. 10. ' Punishment hy Akt. 25. No officer who may command by accident, or in the absence officers tempera- of the commanding officer, except when such commanding officer is lily command- absent for a time by leave, shall inflict any other punishment than cou- 'og- finement. 23 April, 1800, s. 1, v. 2, p. 49, art. 30. SUMMARY COURTS-MARTIAL. S u m m a r y ART. 26. Summary courts-martial may be ordered upon petty officers court.s martial, and persons of inferior ratings, by the commander of auy vessel, or by the commandant of any navy-yard, naval station, or marine barrack's to which they belong, for the trial of offenses which such officer may deem deserving of greater punishment than such commander or com- mandant is authorized to inflict, but not sufficient to require trial by a general court-martial. 2 March, 18.55, s. 4, v. p. 627. 10, 15 July, ] 870, s. 14, v. 16, p. 334. Constitution of 'ART. 27. A summary court-martial shall consist of three officers not summary courts- below the rank of ensign, as members, and of a recorder. The corn- martial, manderof a ship may order any officer under his command to act as such recorder. 2 March, 1855, ss. 5, 6, v. 10, p. 628. Oath of mom- ^.^x. 28. Before proceeding to trial the members of a summary court- Dersanarecoracr. „,j,i,tia_i aj^^ll take the following oath or affirmation, which shall be administered by the recorder: "I, A B, do swear (or affirm) that I will well and truly try, without prejudice or partiality, the case now depend - ing, according to the evidence which shall be adduced, the laws for the government of the Navy, and my own conscience." After which the recorder of the court shall take the following oath or affirmation, which shall be administered by the senior member of the court: "I, A B, do swear (or affirm) that I will keep a true record of the evidence which shall be given before this court and of the proceedings thereof." Id., s. 5. Testimony. ART. 29. All testimony before a summary court-martial shall be given orally, upon oath or iffirraation, administered by the senior member of the court. Punishments by ART. 30. Summary courts-martial may sentence petty officers and summary courts, persons of inferior ratings to anyone of the following punishments, namely: AETICLES GOVERNING THE NAVY. 15 First. Discharge from the service with had conduct discharge; hut Ihe sentence shall not he carried into eft'ect in a foi-eigu country. Second. Solitary confinement, not exceeding thirty days, in 'irons, single or douhle, on hread and water, or on diminished rations. Third. Solitary confinement in irons, single or douhle, not exceedirg thirty days. Fourth. Solitary confinement not exceeding thirty days. Fifth. Confinement not exciSediHg'two months. Sixth. Reduction to next inferior rating. Seventh. Deprivation of liberty on shore on foreign station. ' Eighth. Extra police duties, and loss of pay, not to exceed three months, may be added to any of the above-mentioned punishments. Jbid., a. 7. Art. 31. A summary court-martial may disrate any rated person for Disrating for incompetency. ' inoompeteney. 17 July, 1862, s. 1, art. 10, v. 12, p. 603. , Art. 32. No sentence of a summary court-martial shall he carried into Execution o ■execution until the proceedings and sentence have been approved by sentence of sum- the officer ordering the court and by the commander-in chief, or, in his ™*''y " absence, by the senior officer present. And no sentence of such court which involves loss of pay shall be carried into pxecntion until the pro- ceeiUngs and sentence have been approved by the Secretary of the Navy. 2 March, 1855. s. 8, v. 10, p. 628. 2 March, 1867, s. 5, v. 14, p. 516. Art. 33. The officer ordering a summary court-martial shall have Eemission of power to remit, in part or altogether, but not to commute, the sentence sentence. of the court. And it shall be his duty either to remit any part or the whole of any sentence, the execution of which would, in the opinion of the surgeon or senior medical officer on board, given in writing, produce serious injury to the health of the person sentenced ; or- to submit the case again, without delay, to the same or to another summary court- . martial, which shall have power, upon the testimony already taken, to remit the former punishment and to assign some other of the authorized punishments in the place thereof. 2 March, 1855, a. 8, v. 10, p. 628. Art. 34. The proceedings of summary courts-martial shall he con- Manner of con- ducted with as much conciseness and precision as may be consistent with ?"oting proceed- the ends of justice, and under such forma and rules as may be prescribed '"^^' by the Secretary of the Navy, with the approval of the President; and all such proceedings shall be transmitted, in the usual mode, to the Navy Department.* Id., a. 9. Art. 35. Any punishment which a summary court-martial is author- Same punish- ized to inflict may be inflicted by a general court-martial. ments by general Id., a. 10. ""^^ '™'" DISMISSAL OF OFFICERS. Art. 36. No officer shall be dismissed from the naval service except Dismissal of of- by the order of the President or by sentence of a general court-martial ; fleers. and in time of peace no officer shall he dismissed except in pursuance of the sentence of a general court-martial or in mitigatiou thereof. 13 July, 1866, o. 5, v. 14, p. 92. Abt. "ST. When any officer, dismissed by order of the President since Officer dis- 3d March, 1865, makes, in writing, an application for trial, setting missed by the forth, under oath that he has been wrongly dismissed, the President fi'mandtrial'""'^ shall, as soon as the necessities of the service may permit, convene a court-martial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not be convened within six mouths from the presentation of such application for trial, or if such court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismisBi V'by the President shall be void. [See under head of Dismissal. ] 3 March, 1865, s. 12, v. 13, p. 489. 16 ARTICLES GOVERNINa THE NAVY. Constitution of. GENEKAI. COURTS-MARTIAL.* General coiirts- ART. 38. General courts-martial may be convened by the President, Snvened^'" ^'^^ Secretary of the Navy, or the commander-in-chief of a fleet or squadron ; but no commander of a fleet or squadron in the waters of the United States shall convene such court without express authority from the President. 17 July, 1862, o. 1, art. 11 v. 12, p. 603. Art. 39. A general court-martial shall consist of not more than thir- teen nor less than five commissioned officers as members ; and as many officers, not exceeding thirteen, as can be convened without injury to the service, shall be summoned on every such court. But in no casCr where it can be avoided without injury to the service, shall more than * one-half, exclusive of the president, be junior to the officer to be tried. The senior officer shall always preside and the others shall take placfr according to their rank. Id., art. 11. Note. — The minority of some of the members of a court-martial is not availa- ble as an objection to the validity of the proceedings. — Op. XYI, 550. Oaths of mem- ART. 40. The president of the general court-martial shall administer bers and judge- tiig following oath or affirmation to the judge-advocate or person offi- advocate. ciating as snch : " I, A B, do swear (or affirm) that I will keep a true record of the evidence given to and the proceedings of this court ; that I will not di- vulge or by any means disclose the sentence of the court until it shall have been approved by the proper authority ; and that I will not at any time divulge or disclose the vote or opinion of any particular mem- ber of the court, unless ■ required so to do before a court of justice in due course of law." This oath or affirmation being duly administered, each memberof the court, before proceeding to trial, shall take the following oath or affir- mation, which shall be administered by the judge-advocate or person officiating as such : " I, A B, do swear (or affirm) that I will truly try without prejudice or partiality, the case now depending, according to the evidence which shall come before the court, the rules for the government of the Navy, and my own conscience ; that I will not by any means divulge or dis- close the sentence of the court until it shall have been approved by the proper authoritj; ; and that I will not at any time divulge or disclose the vote or opinion of any particular member of the court, unless re- quired so to do before a court of justice in due course of law." Id., art. 12. Oath of witness. ART. 41. An oath or affirma,tion in the following form, shall be ad- ministered to all witnesses, before any court-martial, by the president thereof : '' You do solemnly swear (or affirm) that the evidence you shall give in the case now before this court shall be the truth, the whole truth, and nothing butthe truth, and that you will state everything within your knowledge in relation! to the charges. So help you God ; (or 'this you do under the pains and penalties of perjury.') " ia.,art.l4. of Art. 42. Whenever any person refuses to give his evidence or to give it in the manner provided by these articles, or prevaricates, or behaves- with contempt to the court, it shall be lawful for the court to iitiprison him for any time not exceeding two months. Id., art. 13. Art. 43. The person accused shall be furnished with a true copy of the charges, with the specifications, at the time he is put under arrest ;. and no other charges than those so furnished shall be urged against him at the trial, unless it shall appear to the court that intelligence of such other charge had not reached the officer ordering the court when the accused was put under arrest, or that some witness material to the sup- port of such charge was at that time absent and can be produced at * The proceedings of all general and summary courts-martial and courts of inquiry, after action thereon by the reviewing officer, will be forwarded direct to the Judge-Advocate-General of the Navy, accompanied by a communica- tion addressed to him. All communications pertaining to questions of law before such courts, requiring the action of the Department, must also be ad- dressed to him.— General Order 250, June 20, 1880. Contempts curt. Charges. ARTICLES GOVERNING THE NAVY. 17 the trial ; in whioli case reasonable time shall he given to the accused to make his defense against such new charge. The person so eltarged shall, at his own request but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him. /S., art. 15. 16 March, 1878. v. 20, p. 30. Art. 44. Every officer who is arrested for trial shall deliver up his Duty of officer sword to his commanding officer and confine himself to the limits as- ^''"sstea. signed him, on pain of dismissal from the service. 17 July, 1862, art. 15, v. 12, p. 604. Art. 45. When the proceedings of any general court-martial have Suspension of commenced, they shall not he suspended or delayed on account of P™"'^®'''"Ss. the absence of any of the memljers, provided five or more are assembled ; ' but the court is enjoined to sit from day to day, Sundays excepted, un- til sentence is given, unless temporarily adjourned by the authority which convened it. ' Id., art. 16.^ Art. 46. No member of a general court-martial shall, after the pro- Absence of ceedings are begun, absent himself therefrom, except in case of. sick- members, ness,, or of an order to go on duty from a superior officer, on pain of being cashiered. > Id., art. 16. Art. 47. Whenever any member of a court-martial, from any legal Witnesses ex- cause, is absent from the court after the commencement of a case, all*™'''''* '" *^- the witnesses who have been examined during his absence must, when |™f* " * """"" he is ready to resume his seat, be recalled by the court, and the recorded testimony of each witness so examined must be read over to him, and such witness must acknowledge the same to be correct and be subject to such further examination as the said member may require. Without a compliance with this rule, and an entry thereof upon the record, a member who shall have been absent during the examination of a wit- ness shall not be allowed to sit again in that particular case. Id., art. 17. Art. 48. Whenever a court-martial sentences an officer to be sns- Suspension of pended, it may suspend his pay and emoluments for the whole or any P*^- part of the time of his suspension. Id., art. 18. Art. 49. In no ca.se shall punishment by flogging, or by branding. Flogging, brand- jnarkiug, or tattooing on the body be adjudged by any court-martial or '"S. &". be inflicted upon any person in the Navy. Id., art. 8. 6 June, 1872, s. 2, v. 17. p. 261. Art. 50. No person shall be sentenced by a court-martial to suffer Sentences, how- death, except by the concurrence of two-thirds of the members present, determined. aud in the cases where such punishment is expressly provided in these articles. All other sentences may be determined by a majority of votes. 17 July, 1862, o. 1, V. 12, p. 605, art. 19. Art. 51. It shall be the duty of a court-martial, in all cases of con- Adequate pun- viction, to adiudge a punishment adequate to the nature of the oflfense : ishment ; recom- mercy. , but *t^' niemlbers^thereof may recommend the person convicted as de-™®"''**'"° *" serving of clemency, and state, on the record, their reasons for so doing. [See Art. 35, Summary Courts-martial.] Id., art. 21. Art. 52. The judgment of every court-martial shall be authenticated Authentication by the* signature of the president, and of every meniber who may be "' J^i'siucnt. present when said judgment is pronounced, and also of the judge-advo- cate. Id., art. 22. -' Art. 53. No sentence of a court-martial, extending to the loss of life, Confirmafion of or to the dismissal of a commissioned or warrant officer, shall be carried sentince. into execution until confirmed by the President. All other sentences of a general court-martial may be carried into execution on confirmation, . of the commander of the fleet or officer ordering the court. Id., art. 19. '• 11181 2 18 ARTICLES GOVERNING THE NAVY. Eemission and Art. 54. Every officer who is authorized to convene a general court- mitigation of sen- m^j-^ja,! shall have power, on revision of its proceedings, to remit or tence. mitigate, but not to commute, the sentence of any such court which he is aut|horized to approve and confirm. Id., art. 20. / \ KOTES. Amilder punishment may be sabstitnted by the President for dis- ■ missal. In mitigating, may substitute suspension without pay, which is an in- ferior degree of the same, punishment. Mitigation must be of the punishment adjudged by i educing abd. modifying its severity, except in case of deathe where there is, no inferior degree. The Bxeoutire cannot add to the punish- ment i cannot suspend pay or emoluments where they were not suspended by the court. Sentence of suspension merely does not deprive the party of pay or emoluments. Where forfeiture or loss of pay is made part of the sentence, in addition to confinement or suspension from duty, the former may be re- mitted by the proper authority, in whole or in part, without also remitting the latter.— Op. IV, ,432, 444 ; V 45 ; VI, 200 ; XV, 175. It is well settled that it is beyond the power of the President to annul or re- voke the sentence of a couit-martial which has been approved and executed under a former President. The rule is not confined to cases in which the sen- tence is reqnired to be approved by the President.— Op. X p., 64. Eefers to Op. I, 486 ;IV, 170, 274; VI, 514, 369; VII, 98. Forfeiture or loss of pay, by confinement or suspension from duty, under a sentence of a court-martial, is not incurred unless the forfeiture or loss be im- posed by the sentence.-*Op. XV, 175 The action of an officer who ordered the court, on forwarding the proceedings vrlth the indorsement "that the finding of the cotirt is not sustained by the evidence," cannot be deemed to be a disapproval of the sentence of the court. Such disapproval should be distinctly expressed.— Op. XVI, 313. Notice by the Secretary of the Navy of the approval by the President of the sentence of a couit-martial is sufficient evidence of approval" and promulga- tion.— Op. XVI, 550 ; see also XV, 290. Sign-manual of the President not necessary. A disapproval of a sentence b,y the proper reviewing officer, release fibm con- fiueraent, and restoration to duty is tantamount to an acquittal by the court. — Op. XIII, 459. When the sentence of a court-martial, lawfully confirmed, has been executed, the proceedings in the case are no longer subject to review by the President.— Op. XV, 290. In a note to this opinion, observations are submitted upon the aaithority of the President to appoint general courts-martial in cases other than those in which he is expres8l,y authorized to do so by Congress, ahd the con- clusion reached that such authority is well established, A midshipman was nominated and confirmed as an ensign, subject to ex- amination, but subsequently tried, never having'heen examined, and sentenced to be dismissed. Under the circumstances, wasproperlytriedas-^, midshipman. Op. XVI, 550. Any person having an interest in the record of a naval court- martial Is enti- tledto have an exemplified copy of it, after the proceedings are consummated by the proper authority. — Op. XI, 137. COUKTS OP INQUIRY, t Courts of in- ART. 55. Courts of inquiry may be ordered by the President, the Sec- quiry, by whom retary of the Navy, or the commander of a fleet or squadron, ordered. ^^ j^^^^ ^^^2^ a. i, v. 12, p. 605, art. 23. Constitution of- ^RT. 56. A court of inquiry shall consist of not more than three com- missioned officers as members, and of a j udge-advocate, or person offi- ciating as such. Id., art. 23. Powers of. ART. 57. Courts of inquiry shall have power to summon witnesses, administer oaths, and punish contempts, in the same manner as courts- martial ; but they shall only state facts, and shall not give their opin- ion, unless expressly required so to do in the order for convening. Id., art. 23. Oath of mem- ART. 58., The judge-advocate, or person officiating as such, shall ad- birs and judge- minister to the members the following oath or affirmation: "You do advocate. swear (or affirm) well and truly to examine and inquire, aocording^ to the evidence, into the matter now before you, without partiality." After which the president shall administer to the judge-advocate, or person officiating as such, the following oath or affirmation : " You do swear (or affirm) truly to record the proceedings of this court and the evidence to be given in the case in hearing." Id., art. 25. Rights of party ART. 59. The party whose conduct shall be the subject of inquiry, or inquired of. j^jg attorney, shall have the right to cross-examine all the witnesses.'* Id., art. 23. * See act of March 16, 1878, as noted under general courta-martials, article 43. tSee note, page 15. MISCELLANEOUS PROVISIONS GOVERNING THE NAVY. 19 AuT. 60. The proceedings of courts of inquiry shall he authenticated iiow'^^Mithem'SIt' 1)y thesignatureof thepresidentof theoourt aiidof thejudge-advocate, etl and iiaed 213 and shall, in all cases not capital, nor extending to the dismissal of a evidence, •commissioned or warrant officer, be e\ridenoe before a oourfc-martial, provided oral testimony cannot he obtained. Id., art. 24. Note. — Courts of inquiry are open or close, aa the authority ordering it may determine. — De Hart, 276. Action of courts not decision, but advice, only for information of Executive. Scope not limited to a prescription of time. May be ordered at any subsequent date.— Op. Till, 335 ; VI, 239. A court of inquiry cannot be ordered on a civilian. A body of officers convened to inquire into and report on the facts of the case of an officer who lias been legally dismissed is a mere board of investigation, and can exercise none of the special powers of a court-martial or court of inquiry. — Winthrop's Digest, 125 ; seesame as to powers of boards of Investigation. -A copy of the record of a court of inquiry is not to be furnished to parties, or their agents, as a matter of right, as is the copy of the record of a com t-maxtial. —Holt's Digest, 43. MISCELLANEOUS PROVISIONS. Sec. 1433. Exercise of consular powers. 1440. Appointments in diplomatic service. 1442. Furloughing officers. 1547. Eegulations and general orders. 1548. Officers to be furnished general orders. 1571. Sea service defined. 1586. Medicines and medical expenses. 1587. Funeral expenses. 1860. Voting and holding office in Territories. 2002. Bringing troops to places of election. Sec. 2003. Interference in elections. 5510. Deprivina; citizens of civil rights. 5528. Troops at elections. 5529. Intimidating voters. 5530. Prescribing voters' qualifications. 5531. Interfering in elections. 5532. Disqualification to hold office. Credit fbr volunteer service. ' Acceptance of decorations. - — ■ Employment on shore duty. Sec. 1433. The commanding officer of any fleet, squadron, or vessel Title 1.5, Chap. 2. acting -singly, when upon the high seas or in any foreign port where there ~ Consular pow- is no resident consul of theUnited States, shall be authorized to exercise ors, all the powers of a consul in relation to mariners of the United States. 20 Feb., 1845, s. 2, v. 5, p. 725. Sec. 1440. If any officer of the NaTy accepts or holds an appointment Accepting ap- in the diplomatic or consular service of the Government, he shall l^e S?!?*"®2*^ . '" ■considered as having resigned his place in the Navy, and it shall be joe. filled as a vacancy. 30 March, 1868, s. 2, v. 15, p. 58. Sec. 1442. The Secretary of the Navy shall have authority to place Furloughingof- on furlough any officer on the active list of the Navy. ' , fleers. 3 March, 1835, s. 1, v. 4, p. 756. 3 March, 1845, s. 6, v. 5, p. 794. 28 Feb., 1855, s. 3, v. 10, p. 617. 1 June, 1860, 8. 4, v. 12, p. 27. KOTE. — Purtoughed, in ordinary sense of the administration of the Department, Is a question of duty and pay, n6t of rank or place on the roll of the Navy. The officer may be restored by the same power, retains his place in the line of pro- motion, and it cannot-be occupied by another. — Op. VIII, 223, Dec. 10, 1856. Sec. 1547. The orders, regulations, and instructions issued by the xitle 15, Cbap. 7. Secretary of the Navy prior to July 14, 1862, with such alterations as ; lie may since have adopted, with the approval of the President, shall Eegulations. bs recognized as the regulations of the Navy, subject to alterations adopted in the same manner. ' ■^ 14 July, 1862, s. 5, v. 12, p. 565. Notes. — Congress isempoweredby theConstitution to mate Navy Eegulations. ' Those made by the President, or subordinates, must be in execution of and supplemental to the statutes and statute regulations.- Op. VI, p. 10 (see also X, p. 413) i XIII, p. 9. A regulation of the Department (Treasury) made in pursuance of an act of Congress becomes a part of the law, a ^^^' °^ ^^'^^ under his authority or control, any troops or armed, of election. men at the place where any general or special election is held iu any State, unless it be necessary to repel the armed enemies of the United States, or to keep the peace at the polls. [See §§ 5528, 5529, 5530, 5532. 1 Interference Sec. 2003. No officer of the Army or Navy of the United States shall with freedom of prescribe or fix, or attempt to prescribe or fix, by proclamation, order, elections. or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the ex- ercise of the free right of suffrage in any State. [See J $ 5530, 5530.] 25 Feb., 1865, a. 1, ^13, p. 437. Title 70, Chap. 7. Sec. 5510. Every person who, under color of any law, statute, ordi - -— — :-; — nance, regulation, or custom, subjects, or causes to be subjected any Depriving ratr inhabitant of any State or Territory to the deprivation of any rights,- privileges, oi immunities, secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penal- ties, on account of such inhabitant being an alien, or by reason of his- color or race, than are prescribed for the punishment of citizens shall be punished by a fine of not more than one thousand dollars, or Iby im- prisonment not more than one year, or by both. 31 May, 1870, o. 17, v. 16, p. 144. Depriving Zens of c Tights MtSCELLA-NEOUS PKO VISIONS GOVERNING THE NAVi". 21 Sec. 5526. Every officer of the Army or Navy, or other person in the TJnlawM pre s- »civil, military, or naval service of the United States, who orders, brings, enoe of troops at keeps, or has under his authority or control, any troops or armed men ^'«™™^- sit any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States or to keep the peace at the polls, shall be fined not more, than five thousand dollars, and suffer im.prisonment at hard labor not less *han three months nor more than five years. [See,§ 2003, 5531, 5532.] 25 Tel)., 1865, a. 1, v. 13, p. 437. ' ' Sec. 5529. Every officer or other person in the military or naval serv- Intimidatiuu of ace who,-by force, threat, intimidation, order, advice, or otherwise, voters. ■ prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of sufiErage at any general or special election in such State, shall be fined not more than ive thousand dollars, and amprisoned a/t hard labor not more than five years. [See § 2003. J Ibid., a. 2. Sec. 5530. Every officer of the Army or Navy who prescribes or fixes, Offlcersof Army ■or attempts to prescribe or fix, whether by proclamation, order, or orNavyprescrib- •otherwise, the qualifications of voters at any election In any State, 'ng qnalifi«ati»"» tshall be punished as provided in the preceding section. [See § 2003.] " ™ ""' IMd., a. 1. Sec. 5531. Every officer or other person in the military or naval Officers. &<■., of ■service who, by force, threat, intimidation, order, or otherwise, compels, Army orlfavy iu ■or attempts to compel, any officer holding an election in any State to offlcerofe^ction'' Teceive a vote from a person not legally qualified to vote, or who im- &c. poses, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the dis- ■charge of his duty, shall be punished as provided in section fifty-five ■hundred and twenty-nine. Ibid., 8. 2.. Sec. 5532. Every person convicted of any of the offenses specified in Disnualiflcatioa the five preceding sections, shall, in addition to the punishments therein for holding office, severally prescribed, be disqualified from holding any office of honor, profit, or trust under the United States ; bat nothing in those sections shall be construed to prevent any officer, soldier, sailor, or marine from ■exercising the right of suffrage in any election district to which he ^ may belong, if otherwise qualified according to the laws of the State an which he offers to vote. Ibid., a. a. 1, 2. And all officers of the Navy shall be credited with the actual time ^ Marcli, 1883. ■they may have served as officers or enlisted men in the regular or vol- credit for regu- ■unteer Army or Navy, or both, and shall receive all the benefits of such lar and volunteer actual service in all respects in the same manner as if all said service Service. had been continuous aud in the regular Navy in the lowest grade having graduated pay held by such officer since last entering the service : Pro- vided, That nothing in this clause shall be s^ construed as to authorize any change in the dates of commission or in the relative rank of such officers : Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. Mai-cli 3, 1883, P. B., p. 473. (Naval appropriation act] 5 Aug., 1882, P. E. L., p. 287. No decoration, or other thing, the acceptance of which is authorized 31 Jan., 1881. ■by this act, and no decoration heretofore accepted, or which may here- — after be accepted, by consent of Congress, by any officer of the United decoraSr" "^ States, from any foreign government, shall be publicly shown or ex- posed upon the person of the officer so receiving the same. 31 Jan., 1881, a. 2, chap. 32, P. E., p. 80. Hereafter any present, decoration, or other thing, which shall be con- ierred or presented by any foreign goj^ernment to any officer of the United States, civil, naval, or military, shall be tendered through the Department of State, and not to the individual in person, but such present, decoration, or other thing shall not be delivered by the De- partment of State unless so authorized by act of Congress. Ibid., «. 3. 22 CHAPLAINS. on shore duty. 3 March, 1883. Hereafter no officer of the Navy shall be employed on any shore duty^ '^ \ 1 except in cases specially provided by law, unless the Secretary of th& m shore'Si"^" Navy shall determine that the employment of an officer on such duty is required by the public interests, and be shall so state in the order of employment, and also the duration of such service, beyond which time- it shall not continue. 3 March, 1883, s. 2, P. E., f. 481. [Naval appropriation act.] 5 Aug., 1882, 8. 3. [Naval appropriation act.] ^ Note. — A naval officer cannot lawfully serve as a master of a private steamr vessel in the merchant service withoat having previously obtained the license- required by Sec. 4438 E. S., although he may -be eligible by virtue of his com- mission to take command of a steam vessel of the United States in the naval service.— Op. XV, 61, Pierrepont, Oct. 26, 1875, Commander Philips' case. (See also Bribes, Presents, etc. — Part IV.) CHAPLAINS. Sec. 1395. Number and appointment of. 1396. Qualifications of. 1397. Perm of -worship. 3198. Annual report. Sec. 47. 1479. Bank. 1481. Ean k -when retired from age, &e. 1556. Pay. Title 1.5, Chap. 1. Sec. 1395. There shall be in the Navy, for the public armed vessels or Number and *^® United Staies in actual service not exceeding twenty-four chaplains, appointment of. who shall be appointed by the President with the advice and consent of the Senate. 21 Apr., 1806, s. 3, v. 2, p. 390. 16 Apr., 1814, 8. 5, v. 3, p. 125. 4'Aug., 1842. s. 1, V. 5, p. 500. Qualifications Sec. 1396. A chaplain shall not be less than twenty-one nor more tha» of. thirty-five years of age at the time of his appointment. 14 July, 1862. 8. 7, v. 12, p. 565. Note. — Under this act the President cannot apnoint a chaplain above the ago- of thirty-fiive, although before its passage he had instructed the Secretary of the Navy to prepare the nomination of the person to the Senate. — Op. X, p. 324^ Bates, Ang. 28, 1862. Form of wor- Sbc. 1397. Every chaplain shall be permitted to conduct public wor- ^'''P- ship according to the manner and forms of the church of which he may be a member. 1 June, 1860, s. 1, v. 12, p. 24. Annual report. Sec. 1398. Chaplains shallroport annually to the Secretary of the Navy the official services performed by them. 1 June, 1860, b. 1, v. 12, p. 24. Title 19, Chap. 4. Sec. 1479. Chaplains shall have relative rank as follows: Four, th& - relative rank of captain ; seven, that of commander; and not more thaa seven, that of lieutenant-commander or lieutenant. , 3 March, 1871, s. 9, v. 16, p. 536. Rank when re- Sec. 1481. * » * Chaplains, » * * who shall have served f'™.ii,^°/ ^^^- " faithfully for forty-five years, shall, when retired, have the relative rank length 01 service, ^f coinmodore ; and * * ' who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. 3 March, 1871, a. 11, v. 16, p. 337. Title 15, Chap. 8. Sec. 1556. Chaplains, during the first five years after date of commis- — siou, when at sea, two thousand five hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hundred dollars; on shore duty, two thousand three hundred dollars ; on leave, oi-vwaiting orders, one thousand nine hundred dolhirs. 15 July, 1870, 8, 3, V, 16, p. 331. Kant. Pay. CIVIL ENGINEERS — CONtBACTS AND SUPPLIES, 23 CIVIL ENGINEEES. Sec. 416. In Bureau Yards and Docks. 1413. Appointment of civil engineer! # Sec. 1478. Bank. Genei;al order. 1550. Pa.v. Bureau of Yards and Docks : Title 10. Yards Docks. and Eank. Sec. 416. There shall be in the ' » one civil engineer. » * » 5 July, 1862, V.' 13, p. 510. Sec. 1413. The President, by and with the advice and consent of the Title IS.Cbap.l. Senate, may appoint a civil engineer * ' * at each of the navy- Appointment yards where such officers may be necessary. at navy-yaids. ' 2 March, 1867, s. 1, v. 14, p. 490. 17 June, 3868, 8. 1, t. 15, p. 69. Sec. 1478. Civil engineers shall have such relative rank as the Presi-.TItle 15, Chap. 4. dent may fix. 3 March, 1871, a. 9, v.l6, p. 536. The President of the United States has this day, under the provisionl of section 1478 of the Revised Statutes, conferred relative rank on civi engineers of the Navy, and fixed the same as follows : One with the relative rank of captain. Two with the relative rank of commander. Three with the relative rank of lieutenant-commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and with other officers with whom they hold relative rank, in accordance with the law regulating precedence of officers of the Navy. General Order 263. 24 February, 1881. Note.— See Ops. XV, p. 165 and 597 ; XVI, p. 203, and June 17, 1881. Sec. 1556. * * * Civil engineers, during the first five years after Title 15, Chap. S. date of appoin.tment, when on duty, two thousand four hundred dollars ; on leave, or waiting orders, one thousand five hundred dollars ; daring the second five years after such date, when on duty, two thousand seven hundred dollars; on leave, or waiting orders, one thousand eight hun- dred dollars ; during the third five years after such date, when on duty, three thousand dollars ; on leave, or waiting orders, two thousand one ' hundred dollars; after fifteen years from such date, when on duty, three thousand five hundred dollars; on leave, or waiting orders, two thou- sand six hundred dollars. 15 July, 1870, 8. 3, v. 16, p. 331. Pay. COXTRACTS, SUPPLIES, ETC. Sec. 1549. 3648. 3709. 3710. 3714. 3718. 3719. 3720. 3721. 3722. 3723. 3724. 3725. 3726. 3727. 3728. 3729. 3730. 3731. 3732. 3733. 37.34. 3735. 3736. 3737. 3738. Kegnlations of sujpplies. Aovances of public money on contracts. Advertisenients for proposals. Opening bids. Contracts for the military or naval service, how oontrolled. !N'aval supplies to be furnished by contract. ' Guarantee. Becord of bid and report to Congress. Purchase without advertisements. Whatbidsmaybereiiecteil, &o.; opening bids. Contracts for foreign supplies for the JTavy. Rejection of excessive bids. Hemp. Pjreserved meats, &c. Flour and bread. Home manufactures to be preferred; fuel. Bunting. ' Belinquishment of reservations pn deliveries. Name of contractor to appear on supplies. Unauthorized contracts prohibited. "No contract to exceed appropriation. Restrictions on commencement of new build- ings.. Contracts limited to one yeal-. Restriction on purchases of land, No transfer Of contract. . Eight hours to be a day's work. Sec. 3739. Members of Congress not to be interested in contracts. m 3740. What interest members of Congress may have. 3741. Stipulation that no member of Congress has an interest. 3742. Penalty against officer for making contract with a member of Congress. 3743. Deposit of contracts. 3744. Contracts to be in writing. 3745. Oath to contract. 3746. Penalty for omitting returns. 3747. Instructions. [512-515. Returns office.] 5503. Contracting beyond appropriations. Rent of buildings. Materials for steam-boilers. Tobacco for the Navy. Cotton cordage for the Navy. Life-saving dress. Torpedoes for the Navy. i Small stores fund. 3711. Inspection of fuel in District of Columbia ; appointment of inspectors, &c. 3712. Appointment of inspectors, &c., to be noti- : fied to accounting officers. 3713. No payment without certificates. 24 CONTRACTS AND SUPPLIES. Title 15, Chap. 7. Sec. 1549. It shall be the duty of the President to make,. subject to . . ;the provisions of law concerning supplies, such regulations for the pur- suppSes. ""^ "chase, preservation, and disposition of aU- articles, stores, and supplies for persons in the Navy, as may be necfissary for the safe and economi- ' cal administration of that branch of tMbublic service. 26 Aug., 1842, o. 2, V. 5, p. Wf 3 March, 1847, s. 1, v. 9, p. 171. !N"OTES. — Authority given by Congress to make a contract implies none to change it after it is' made.— dip. IX, 80 and 104. {See pott, Supreme Court De- cisions.] "Where a contract is made, after advertisement, with the lowest bidder, the head of a Department has no authority to modify its terms inregard to time of delivery, or any other of its material elements. — Op. IV, Sept. 24, 1844, p. 334. Cannot be renewed and extended at the pleasure of a head of a Department. No extension, unless for a period fixed as an alternative in the proposals, is au- thorized or sanctioned by law.— Op. XIII, 175, Dec. 4, J869. An act directing the Secretary of the Navy to enter into a contract is not a contract Mer €e. The Secretary makes the contract and may vary the details. — Wallace, Vin, p. 358 ; C. C. I, 28. ' Where the Secretary of the Navy may enter into a contract for the construc- tion of a vessel, he may suspend the work contracted for and agree with the contractors as to the compensation to be paid for the partial completion of the same.— C. C, vol. U, p. 126 ; Otto, V, 91, p. 321. When a contract is closed the general rule is that it must be executed with- out change of terms, which are not subject, in general, to change at the will of either party or of both parties. — Op. X, 480. Later authorities appear to favor the exercise, by the head of a Department, of a discretion to consent to modifi- cations of detail, in the course of^the execution of 'public contracts, when such modifications (not being in contravention of law) are found to be for the public interest, and are not oisuch a character as to operate to the pecuniary disad- vantage of the United States. — Winthrop's Digest cites Otto 91, p. 321, and Op. XT, 481. Where Congress authorized the examination of a claim and appropriated a sum not exceeding a fixed amount to pay it, and a leas sum was found due, held that the appropriation was exhausted when latter amount was paid. — Op. IX, 451. See Op. IX, 449,^ to principles governing payment of money to a citizen under a special act of Congress. In breach of contract the law contemplates two elements of damage : 1, losses sustained ; 3, gains prevented. — C.' C. VII, 543. Affirmed by S. C. A military board of survey is an ex parte tribunal ; decision not binding on a contractor, its proceedings not evidence against him, &c. — C. C. VIII, p. 213. The award by a commission on a contract, can be refused to be received, or the contractor can accompany his receipt of it with a proper protest. — Idem, See also C. C.n, 95. The sureties of a contractor are not responsible for fulfillment, after bis death, on what are called personal contracts, where skill or taste is required. — Op. "VI, p. 410. A Claim for damages was adjusted by the appropriate Department on a basis to which the contractor agreed. His acceptance and receipt, in full, for the sum allowed is a bar to his suitfor a further sum. — S. C. Otto, 104, 464. See also Wallace, XIT, 535. JRescmding or renouncing contracts. See C. C. I, 61, 336; 111, 38; "V", 496; "VH, 331; YIII, 67, 319. Op. X, 416. Government delaying or preventing 'perform- ance ty contractor. See C. C, I"V", 258, 271 ; IX, p. 244. Op. XI, 26.1. Govern- Tnent regueHing alterations. C. C, IX, 50; Wallace, X"VII, p. 592. Willing- ness and ef oris toperform. C. C, VII, 93, V, 490; Wallace, Vlll,77. Fraudu- lent contracts. "Wallace, TU, 463. Setofs. Op. IV, 380, XI, 120. C. C. XVII, 39,236,322. Fines and penaltiea. Op. IX. 32. Erasures and substitution of item^. C. C. II, 366; WaUaco, Vm, 489. Op. XV, 226. C. G. V, 215. Title 40. Sbc. 3648. No advance of public money shall be ma^e in any case Advances of ''^'i8't6''^6r. And in all cases of contracts for the performance of any public money on service, or the delivery of articles of any description, for the use of the contracts. United States, payment shall not exceed the value of the service ren- dered, or of the articles delivered previously to such payment. * « » 31 Jan., 1823, . s. 1, v. 3, p. 723. Title 43. Sec. 3709. All purchases and contracts for supplies or services, in any ; of the Departments of the Government, except for personal services, Advertisements shall be made by advertising a sufficient time previously for proposals or proposals. respecting the same, when the public exigencies do not require the im- mediate delivery of the articles, or performance of the service. "When ( immediate delivery or performance is required by the public exigency, the articles or service required may be procured by open purchase or contract, at the places and in the manner in which such articles are usu- ally bought and sold, or such services engaged, between individuals. [See § 3718.] 2 March, 1861, s. 10, v. 12, p. 220. 22 June, 1874, v. 18, p. 177. U"0TE.— Thi.i section invests the oificer charged with the duty of contracting for supplies, or services, with discretion to dispense with advertising if the exigencies of the service require immediate delivery orperformance.— C. C. VII 93; S. C. Wallace, VIII, 77. See, also, Op. Ill, 437; C. C. I, 48; VII, 84; II, 96'; IX, 291. CONTRACTS AND SUPPLIES. 25 A navy paymaster purchasing under instructions from commanding officer, entitled to credit for sum expended, although purchased without advertising. — Sec. 3710. Whenever proposals for supplies have been solicited, the Opening bids, parties responding to such solicitation shall be dnly notified of the time ' aiud place of opening the bids, and be permitted to be present either iu person or by attorney, and a record of each bid shall then and there be made. 31 Jan., 1868, 8, Ees., v. 16, p. 246. NAVAL SUPPLIES GENERALLY. Skc. 3714. All purchases and contracts for supplies or services for th^ the"mmtarv^ or military and naval service shall be made by or under the direction of j,aval service the chief officers of the Departments of War and of the Navy, respect- how controlled. ' ively. And all agents or contractors for supplies or service as afore- said shall render their accounts for settlement to the accountant of the . proper Department for which such supplies or services are required, subject, nevertheless, to the inspection and revision of the officers of the Treasury in the manner before prescribed. 16 July, 1798, s. 3, v. 1, p. 610. 27 Feb., 1877, v. 19, p. 249. Sec. 3718. All provisions, elothipg, hemp, and other materials of Naval sujiplies «very name and nature, for the use of the Navy [excepting ordnance, gun- *» l"* furnished powder, or medicines, or ihe supplies which it viay be necessary to purchase ^ ontfixit. ^ut of the United States for vessels on foreign stations; hunting, cheese, things contraband of war, preserved meats, pickles, butter, and desiccated vegetables, Jlour, fuel, and materials for boilers. Sections 3721, 3726, 3727, 3728, 3729, , and acts of June 14, 1878, and March 3, 1881], and the transportation , thereof, when time will permit, shall be funiisbed by contract, by the lowest bidder, as follows: In the ease of provisions, clothing, hemp, and other materials, the Secretary of the Navy shall advertise, once a week, for at least four weeks, in one or more of the principal papers published in the place where such articles are to be furnished, for sealed proposals for furnishing the same, or the whole of any particular class thereof, specilying the classes of materials and referring bidders to the several chiefs of Bureaus, who will furnish them with printed sched- ules, giving a full description of each and every article, with dates of •delivery, and so forth. In the case of transportation of such articles, Jie shall advertise for a period of not less than five days. AU such pro- posals shall be kept sealed until the day specified in such advertisement for opening the same, when they shall be opened by or under the direc- tion of the officer making such advertisement, in the presence of at least two persous. The person offering to fnrnish any class of such articles, and giving satisfactory security for the performance thereof, under a forfeiture not exceeding twice the contract price in case of failure, shall receive a contract for uimishing the same. [See § 3709.] 3 March, 1843, v. 5, p. 617. 28 Sept., 1850, s. 1, v. 9, p. 513. 5 Aug., 1854, 8. 1, v. 10, p. 585. 17 Apr., 1866, 3. 4, v. 14, p. 38. XoTES. — The acceptance of the proposition of a bidder creates a contract of the same force and effect as if a formal contract had been written out and signed by the parties.— Otto, 93, 242. C. 0, XVII, 92. See Op. XV, 648, as to "time in which bids may be withdrawn. When a party furnishes sureties and binds himself for the performance of his bid, if accepted, the contract becomes mutual and binding from the moment of its acceptance, although a formal written contract Is to oe subsequently exe- cuted.— C. C, vol. 1, 192. A formal notice to a bidder of the acceptance of his bid and of the award of the contract to him, is beyond recall, and binding on the United States as a completed obligation. .An award thus made is in the nature of a preliminary contract.— Op. XV, 226. Head of Department has power in advertising for proposals to reserve the right to reject any and all bids if, in hisjudgment, the interests of the Govern- ment require it." Eightof lowest bidder perfect against others, but does not exclude the connter right of the head of the Department of considering, in the interest of the Government, the whole subject, and deciding whether it be fit that any bid should be accepted.— Op. XIV, 682. The stautory advertisement for proposals does not enlarge, control, or change the express terms of the contract, and is to be considered as merged therran.— C. C, V, p. 416. , , ^ The advertisement and the nroposals m response thereto do not form a part ^)f the subsequent contract, and cannot be admitted to 'contradict or vary the -terms thereof.- C. C. VIII, 501. , , . , Under a contract for a certain quantity of an article, or more if required, a Department is not precluded from advertising for new proposals and awarding a, contract for a superior article. Not obliged to receive more than the ^ecitied auantity.— Op. XVI, 183. See also Op. X, 93. 26 CONTRACTS AND SUPPLIES. Guarantee of Sbc. 3719. Every proposal for naval supplies invited by the Secretary ^i'i- of the Navy, under the preceding section, shall be accompanied by a, written guarantee, signed by one or more responsible per8ons,-to the effect that he or they undertake that the bidder, if his bid is accepted, will, at such time as may be prescribed by the Secretary of the Navy^ give bond,, with good and sufficient sureties, to furnish the supplies pro- posed; and no proposal shall be considered, unless accompanied by such guarantee. If, after the acceptance of a proposal, and a notification thereof to the bidder, he fails to give such bond within the time pre- scribed by the Secretary of the Navy, the Secretary shall proceed to contract with some other person for furnishing the supplies ; and shall forthwith cause the difference between the amount contained in the proposal so guaranteed and the amount for which he may have con- tracted for furnishing the supplies, for the whole period of the projjosal, to be charged up against the bidder and his guarantor ; and the same may be immediately recovered by the United States, for the use of the Navy Department, in an attion of debt against either or all of such persons. 10 Aug., 1846, s. 6, T. 9, p. 101. Becord of bid Sec. .3720. All such proposals for naval supplies shall be preserved and repo r t to ^^d recorded, and reported by the Secretary of the Navy to Congress at ongress. ^^^ commencement of every regular session. The report shall contain a schedule embracing the offers by classes, indicating such as have been accepted. In case of a failure to ^upply the articles or to perform the work by the person entering into such contract, he and his sureties shall bo liable for the forfeiture specified in such contract, as liquidated dam- ages, to be sued for in the name of the United States. 3 March, 1843, v. 5, p. 617. mav^be^'made ®^*^' ^^''^^' ^"^^ provisions which require that supplies shall be pur- without adver- diased by the Secretary of the Navy from the lowest bidder, after ad- tising. vertisement, shall not apply to ordnance, gunpowder, or medicines, or the, supplies which it may be necessary to purphase out of the United States for vessels on foreign stations, or bunting delivered for the use of the Navy, or tabacco,* or butter or cheese destined for the use of the Navy, or things contraband of war. Contracts for tiutter and cheese for the use of the Navy may be mxde for periods longer than one year, if, in the opinion of the Secretary of the Navy, economy and the quality of the ration will be promoted thereby. The Secretary of the Navy may- enter into contracts for tobacco,* from time to time, as the service re- quires, for a period not exceeding; four years; and in making such con- tracts he shall not be restricted to the lowest bidder, unless, in his opinion, economy and the best Interests of the service will be thereby promoted. [See § 3718.] 3 March, 1845, s. 3, v. 5, p. 79t. 3 Mwch, 1847, a. 2, v. 9, p. 172. 3 Ang., 1848, s. 11, v. 9, p. 272. 2 M>irch, 1865, s. 7, v. 13, p. 467 What bid.? may Sbc. 3722. The chief of any Bureau of the Navy Department, in con- rejected. tracting for naval supplies, shall be at liberty to reject the offer of any person who, as principal or surety, has been a defaulter in any previous contract with the Navy Department. Parties who have made default as principals or sureties in any former contract shall not be received as sureties on other contracts ; nor shall the copartners of any firm be re- ceived as sureties for such firm or for each other ; nor, in contracts with the same Bureau, shall one contractor be received as surety for another. Every contract shall require the delivery of a specified quantity, au d no bids having nominal or fictitious prices shall be considered. If more than one bid be offered by any one party, by or in the name of his or their clerk, partner, or other person, all such bids may be rejected ; and no person shall be received as a contractor who is not a mtunfactarer of, Openinj bids, qj regular dealer in, the articles which he offers to supply. All persons offering bids shall have the right to be present when the bids are opened and inspect the same. 3 March, 1863, s. 2, v. 12, p. 828. Contracts for Sec. 3723. No chief of a Bareau shall mike aay contract for supplies fo™tfe Navy! '*" ^°^ *^® Navy, to be executed in a foreign country, except it be on first advertising for at least*'thirty da.ys in two daily newspapers of the city of New York, inviting sealed bids for furnishing the supplies desired ; * Tobacco to be procured after advertisement. See act of March 3, 1881, pott. CONTRACTS AND SUPPLIES. 27 which bids shall be opened in the presence of the Secretary of the Navy and the heads of two Bureaus; and contracts shall in all cases be awarded to the lowest bidder; and paymasters for the Navy on foreign . stations shall render, when practicable, with their accounts, an official/ certificate from the resident consul, or commercial or consular agent of the United States, if there be one, to be furnished gratuitously, vouch- ing that all purchases and expenditures made by the paymasters were made at the ruling market-prices of the place at the time of purchase or expenditure. 3 March, 1871, ». 3, v. 16, p. 535. Sec. 3724. Where articles are advertised and bid for in classes, and Eejeotionof ex- in the judgment of the Secretary of the Navy any one or more articles cessive bids. appear to be bid for at excessive or unreasonable prices^ exceeding ten per centum above their fair market-value, he shall be authorized to re- ject such bid. 4 July, 1864, s. 7, v. 13, p. 394. Sec. 3725. All hemp, or preparations of hemp, used for naval pur- Hemp, poses by the Government of the United States, shall be of American growth or manufacture, when the same can be obtained of as good ^^ quality and at as low a price as foreign hemp. 14 July, 1862, 8. 11, V. 12, p. 554. Sec. 3726. The Secretary of the Navy is authorized to procure the preserved preserved meats, pickles, butter, and desiccated vegetables, in Such man- meats, &c. ner and under such restrictions and guarantees as in his opinion will best insure the good quality of said articles. 18 July' 1861, s. 7. V. 12, p. 265. Sec. 3727. The Secretary of the Navy is authorized to purchase, in piour and such manner as he shall deem most advantageous to the Government, taeail. the flour required for naval use ; and to have the bread for the Navy baked from this, flour by special contract under naval inspection. 3 March, 1863, s. 4, t. 12, p. 818. Sec. 3728. The Secretary of the Navy, in making contracts and pur- Home manu- chases of articles for naval purposes, shall give the preference, all other factures tobe pre- things, including price and quality, being equal,to articles of the growth, ferrcd. production, and manufacture of the United States. In purchasing fuel for the Navy, or for naval stations and yards, the Secretary of the Navy Fuel, shall have power to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the pur- pose for which it is to be used. 28 Sept., 1850, s. 1, v. 9, pp. 513, 515. Sec. 3729. The Secretary of War, the Secretary of the Navy, and the Bunting. Secretary of the Treasury may entpr into contract, in open market, for bunting of American manufaeture, as their respective services require, for a period not exceeding one year, and at a price not exceeding that at which an article of equal quality can be imported. 2 March, 1865, s. 7, v. 13, p. 467. Sec. 3730. The Secretary of the Navy may relinquish and pay all res- Eelinqulsbment ervations of the ten per centum upon deliveries made under contracts "^ i ^^^eries""^ with the Navy Department, where these reservations have arisen and '"' ^ •'^ the contracts have been afterward extended, or where the contracts have been completed after the time of delivery, by and with the consent of the Department, or where the contracts have been dissolved by the like consent, or have been terminated, or an extension thereof has been pre- vented by operation of law, where no injury has been sustained by the public service. Ij June, 1844, s. 5, v. 5, p. 703. Notes. — Where a contractor failed to complete, and other parties did it on much less terms, held that the United States having sustained noloss, the original con- tiactOTwas entitled to the 10 per cent, reservation, but not to the profits he would have made, nor to the difference between the contract price and that which others were paid. ISome special provisions were in this contract.] — Otto, 99, p. 30. In a failure to fulfill, neither the head of the Department nor the accounting offlcers can pay the rdservations. They have no authority to adjust claims for damages under contracts. Congress alone can afford relief. — Op. II, 481 ; IV, 327; VI, 516. Claim for unliquidated damage.^, breach of contract, cannot be entertained by the accounting officers.— O^L XIV, p. 24. 28 CONTKACTS AND SUPPLIES. Contract fully performed and no damage whatever austainiid by Government, per diem forfeiture not warranted, — Op. "XV, p. 420. Tbeheadof a Depirtmontmiy waive a forfeiture in acase.of ffoodfaitb wbere tbe forfeiture occurred through misfortune. " The officers of tbe Government are not bound, from the nature of our institutions, to perpetuate an act of in- instice in the name of the United States. Op. II, p. 485." — Op. XII, p. 112. Xame of con- Sbc. 3731. Every person who shall famish supplies of any kind to the tractor'to appear Army or Navy shall be required to mark and disttnguisli the same with on supplies. ^jjg name of the contractor furnishing such supplies, In such manner as the Secretary of War and the Secretary of the Navy may, respectively, direct; and no supplies of any kind shall be received, unless so marked and distinguished. 17 July, 1862, s. 15, v. 12, p. 596. Unauthorized Sec. 3732. No contract or purchase on behalf of tbe United States con tracts prohlb- shall be made, unless the same is authorized by law or is under an "ed. appropriation adequate to its fulfillment, except in the War and Navy Departments, for clothing, subsistence, forage, fuel, quarters, or trans- portation, which, however, shall not exceed the necessities of the cur- rent year. - 2 March, 1861, s. 10, v. 12, p. 220. Note. — Contracts for clothing, subsistence, forage, fuel, quarters, and trans- portation may be made, though there is no appropriation adequate to the ful- fillment of the contract or purchase, not to exceed the necessities of the current year.— Op. XV, 124 and 209. See also Op. VI, 27. No contract to Sbc. 3733. No contract shall 'be entered into for the erection, repair, or exceed appropri- furnishing of any public building, or for any public improvement which ^*'™- shall hind the government to pay a larger sum of money than the amount in the Treasury appropriated for the specific purpose. [See .? 5503.] 25 July, 1868, s. 3, v. 15, p. 177. Kestriotionson Sec. 3734. Before any new buildings for the use of the United States commence m e n t are commenced, the plans and full estimates therefor shall be prepared ■ofnewbuHdinga. and approved by the Secretary of the Treasury, the Postmaster-Gen- eral, and the Secretary of the Interior ; and the cost of each building shall not exceed the amount of such estimate. [See $ 3663, Appropria- TiOJfS, Part III.] 15 July, 1870, T. 16, p. 296. Contracts lim- Sec. 3735. It shall not be lawful for any of the Executive Departments 3ted to one year, to make contracts for stationery or other supplies for a longer term than one year from the time the contract is made. 31 Jan., 1868, Ees., v. 15, p. 246. 24 March, 1874, Ees., v. 18, p. 286. [Modifying as to certain arti- cles under Post-Omce Department.] Note. — The bead of a department is the competent judge of the matters of , fact involved in the aceptanoe or r^eotion of any of the proposals for station- ary.— Op. VI, p. 226. Eostriction on Sbc. 3736., No land shall be purchased on acoount of the United States, purchases of except under a law authorizing such purchase. (See Public property '"''"• and Buildings, Part III.) 1 May, 1820, s. 7, v. 3, p. 568. No transfer of Seo. 3737. No contract or order, or any interest therein, shall be trans- contracts, ferred by the party to whom such contract or order is given to any other party, and any such transfer shall cause the annulment of the contract or order transferred, so far as the United States are concerned. All rights of action, however, for any breach of such contract by the contracting parties, are reserved to the United States. 17 July, 1862, s. 14, v. 12, p. 596. Notes. — This section (3737) is intended simply for tbe benefit of the United States, which is not compelled to avail itself of a transfer by the contractor, but may recognize the same and accept and pay the assignee. — Ops. XVI, p. 278 ; XV, p. 236. Contracts of a personal nature, importing high trust and confidence in con- tractors, cannot be assigned or transferred without the consent of the Depart- ment. — Op. X, p. 5. An assignment of contraot, under act of July 17, 1862; is void, and passes no title, legal or equitable. An assignment of a claim for money due under a con- tract passes title to the money due, as though it were the sale of -a chattel. — C. C, IX, p. 156. See also C. C.,V, 504. CONTRACTS AND SUPPLIES. 29 Sec. 3738. Eight hours shall constitute a day's work for 'all laborers, Eight hours to workmen, and mechanics w ho may be employed by or on behalf of the '*® " ""•y ' work. Government of the United States. [See § 3689, under Appropria- tions.] 25 June, 1868, v. 15, p, 77. Sees. C. 94, 400. Op. XII, 530; XIII, 29, 424; XIV, 37, 45, 128; XVI, 58. 1882. > CONGRBSSME^ AND PUBLIC OFFICERS NOT TO BE INTERESTED IN CON- TRACTS. Sec. 3739. No member of or delegate to Congress shall directly or Title 43. indirectly, himself, or by any other person in trust for him, or for his Members of use or benefit, or on his account, undertake, execute, hold, or enjoy, in Congress not to whole or in part, any contract or agreement made or entered into in ^^ interested in behalf of the United States, by an.v officer or person authorized to make "ontracts. contracts on behalf of the United States. Every person who violates this section shall be deemed gulltyofamisdemeanor, and shall be fined three thousand dollars. All contracts or agreements made in violation of this section shall be void ; and whenever any sum of money is ad- vanced on the part of the United States, in consideration of any such contract or agreement, it shall be forthwith repaid; and in case of re- fusal or delay to repay the same, when demanded, by the proper officer of the Department under whose authority such contract or agreement shall have been made or entered into, every person so refusing or de- laying, together with his surety or sureties, shall be forthwith prosecuted at law for the recovery of any such sum of money so advanced. 21 t pril, 1808, 8. 1, V. 2, p. 484. Note. — There is no law preventing government officers, Executive branch, contracting with the Government in matters separate 'from their offices and in no way connected with the performance of their-'Official duties, nor against their . acquiring an interest in contracts after they are procured. — Op. XIV, 483. Sec. 3740. Nothing contained in the preceding section shall extend' What interest or be construed to extend, to any contract or agreement, made or entered members of Con into, or accepted, by any incorporated company, where such contract ^^^^ ™^y have. or agreement is made for the general benefit of such incorporation or company ; nor to the purchase or sale of bills of exchange or other property by any member of or delegate to Congress, where the same are ready for delivery, and payment therefor is made, at the time of making or entering into the contract or agreement. 21 April, 1808, a. 2, v. 2, p. 484. 27 Feb., 1877, v. 19, p. 249. Sec 3741. In every such contract or agreement to be made or entered stipulation Ihat into, or accepted by or on behalf of the United States, there shall be uo member o f inserted an express condition that no member of or delegate to Congress po^gfess has .in. shall be admitted to any share or part of such conti'act or agreement, '".^"^^^ • or to any benefit to arise thereupon. 21 April, 1808, o. 3, v. 2, p. 484. 27 Feb., 1877, v. 19, p. 249. Sec. 3742. Every officer who, on behalf of the United States, directly Penalty against or indirectly makes or enters into any contract, bargain, or agreement offif^sr for making in writing or otherwise, other than such as are hereinbefore excepted, ^"^™er of Con* with any member of or delegate to Congress, shall be deemed guilty of e hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness and that each copy so certified is a full and complete Copy of the return! 2 June, 1862, ss. 2, 4, v. 12, p. 412. CONTRACTS AND SUPPLIES. 31 ERECTION, REPAIR, AND RENT 01" BUILDIXGS. Sec. 5503. Every officer of the Government who knowingly contracts TitleTO.Chap. B for the erection, repair, or furnishing of any public building, or for any Contracting* public improvement, to pay a larger amount than the specific snm ap- beyond sjjeciflo X)ropriated for such puri)ose,.shall be punished by imprisonment not less appropriation, than six months nor more than two years, and shall pay a fine of two thousand dollars. [See 5 § 3733, 3734.] 25 July, 1868, a. 3, V. 15, p. 177. ' Hereafter no contract shall be made for the rent of any building, or 3 March, 1877. part of any building, to be used for the purposes of the Government in Contract for the District of Columbia, until an appropriation therefor shall have been rent of buildingi made in terms by Congress, and that this clause be regarded as notice )Sq^ ® District to all contractors or lessors of any such building or any part of build- """ '*' ing. 22 June, 1874, v. 18, p. 133. 3 March, 1877, v. 19, p. 370. ■ And where buildings are rented for public use in the District of 15 June, 1880. Columbia, the Executive Departments are authorized, whenever it shall Kent of build- be advantageous to the public interest, to rent others in their stead: ings. I'rorided, That no increase in the number of buildings now in use, nor sn the amounts paid for rents, shall result therefrom.* 15 June, 1880, v. 2], p. 228. 5 Aug., 1882, P. E. L., 241, ch. 389. BOILER MATERIALS. That the Secretary of the Navy be, and he is hereby, authorized to 1^ June, WIS. purchase, at the lowest market price, such plate iron and other material Materials for as may enter into the construction of steam boilers for the Navy with- steam boilers, out advertising for bids to furnish the same: Provided, That he shall K'otice'to deal- cause to be sent to the principal dealers and manufacturers of iron and ers. such other materials as may be required, Specifications of the quality, ■description, and character of such iron and materials so required: And xests. jprovided further, fhat such plate iron and materials shall be subjected to the same tests and inspection as now provided for, and which in- spection and tests shall be made publicly and in presence of such bid- ders or tlieir authorized agents as may choose to attend at the making thereof. 14 June, 1878, v. 20, p. 253. TOBACCO. That the Secretary of* the Navy be, and he is hereby, directed to 3 March, 1881. cause all purchases of tobacco for the use of the Navy to be made in the ~^^^^ ^^ city of Washington, and as follows : purchased. in the month of February or March of each year the Secretary of the Navy shall cause proposals for bids for supplying the Navy with tobacco during the next year to be advertised thirty days in one daily newspaper in each of the cities of New York, Harrisburg, Pennsylvania, Baltimore, Richmond, Raleigh, North Carolina, Saint Louis, Louisville, N'ashville, Hartford, Connecticut, Detroit, Cairo, Illinois, and Chicago; said tobacco to be manufactured during' the months of June, July, August, and September; the bids to be accompanied by samples of the tobacco which each bidder may propose to furnish. The lowest bid for furnish- ing tobacco equal to the United States Navy standard now in use shall be aooeiJted. 3 March, 1881, v. 21, p. 509. COTTON CORDAGE. That the Secretary of the Navy lie authorized and directed to intro- lo June, 1880. duce into the naval service rope and cordage manufactured of cotton — according to the recent methods to such an extent as will furnish a f^^^jj"^™™*^!* fair test of the value and efficiency thereof as compared with the kinds now in use: Provided, however, That no person shall have any claim whatever against the United States or any department thereof or receive any compensation therefor. .10 June, 1880, V. 21. p. 172. ♦The act of August 5, 1882, required the heacls of the Departments to submit a statement of buildings rented, and estimates for the year ending 3(\ June, 1884,tor rental 32 CONTRACTS AND SUPPLIES. LIFE-SAVING DRESS. 3 March, 1883. The Secretary'of tlie Navy is authorized and empowered, within hi» ~~rr: : — discretion, to constitute and introduce, as a portion of the equipment dress ^^"^'"^o^ the Navy, the life-saving dresa adopted and approved by the Life Saving Service of the United States. 3 Marcli, 1883, ch. 97, P. E. L., p. 475. [Naval appropriation act.] TOUPEDOES. Torpedoes. For the purchase and manufacture, after full investigation and test in the United States under the direction of the Secretary of the Navy, of torpedoes adapted to naval warfare, or of the right to manufacture the same and for the liixtures and machinery necessary for operating- the same, one hundred thousand dollars: Provided, That no part ot~ sai4 money shall be expended for the purchase or manufacture of any torpedo or of the right to manufacture the same until the same shall have been approved by the Secretary of the Navy, after a favorable report to be made to him by a board of naval officers to be created by hint to examine and test said torpedoes and inventions. Idem. SMALL STORES FUND. 14 Feb. 1879. FrOm and after the first day of Ajiril, eighteen hundred and seventy- nine, the value of issues of small stores shall be credited to a fund to be Small s t o r e s designated as the "small stores fund", in the same manner as the value^ '""'^- of the issues of clothing is now credited to the "clothing fund"; the resources of the fund to be used hereafter in the purchase of supplies- of small stores for issue. * ♦ * 14 Feb., 1879, v. 20, p. 284. INSPECTION OF FUEL. — DISTRICT OF COLUMBIA. Title 43. Sec. 3711. It shall not be lawful for any officer or person in the civil,. military, or naval service of the United States in the District of Colum- -. .. .bia to purchase anthracite or bituminous coal or wood for the public fueUn^Mstriot of Service except on condition that the same shall, before delivery, be in- Columbia. spected and weighed or measui'ed by some competent person to be ap- pointed by the head of the Department or»chief of the branch of the 1 servicefor which the purchase is made. The person so appointed shall,. Appointment of ^jgfore entering upon the duty of inspector, weigher, and measurer, and inspectors, &o. ^^ ^^^ satisfaction of the appointing officer, give bond, with not less- thau two sureties, in the penal sum of five thousand dollars, and with condition that each ton of coal weighed by him shall consist of two thou- sand two hundred and forty pounds, and that each cord of wood to be so measured shall be of the standard measure of one hundred and twen- ty-eight cubic feet. The inspector, weigher, and measurer so appointed shall be entitled to receive from the venders of fuel weighed and meas- ured by him twenty cents for each ton of coal weighed, and nine cents for each cord of wood measured by him. Each load or parcel of wood or coal weighed and measured by him shall be accompanied by his cer- tificate of the number of tous or pounds of coal and the number of cords- or parts of cords of wood in each load or parcel. 11 July, 1870, a. 1, v. 10, p. 229. A ccounting offl- Sec. 3712. The proper accounting officer of the Treasury shall be f ur- cer to be notified, niahed with a copy of the appointment of each inspector, weigher, and measurer appointed under the preceding section. Ibid., 8.2. No payment Sec. 3713. It shall not be lawful for any accounting officer to pass or without certifl- allow to the credit of any disbursing officer in the District of Columbia "* ^' • any money paid by him for purchase of anthracite or bituminous coal or for wood, unless the voucher therefor is accompanied by a certificate of the proper inspector, weigher, and measurer that the quantity paid for has been determined by such officer. Ibid. DESE3TERS AND DESERTION. 33 DESERTERS AND DESERTION. 1420. Deserters not to be enlisted. 1553. Eatlcing persona to desert. 1624. Punishment for desertion, enlisting desert- ers, &c. 1996. Citizensliip forfeited. Sec. 1997. When not to be held as a deserter. 1998. Avoiding draft. 4749. Certain soldiers and sailors not to be deemed deserters. 5455. Enticing desertion, harboring deserters. Sec. 1420. No * * * deserter from the naval or military service Title 15, Chap. 1, of the United States shall be enlisted in the naval service. Deserters not 3 March, 1865, s. 18, v. 13, p. 490. . to be enlisted. Sec. 1553. Any person who shall entice or procure, or attempt to en- Title 15, Chap. T. tice or procure, any seaman or other person in the naval service of the Entioin" per- United States, or who has been recruited for such service, to desert aons to desert, therefrom, or who shall in anywise aid or assist any such seaman or other person in deserting, or in attempting to desert from such service, or who shall harbor, conceal, protect, or in anywise assist any such sea- man or other person who may have deserted from said service, know- ing him to have deserted therefrom, or who shall refuse to give up and deliver such person on the demand of an officer authorized to receive him, shall ^e punished by imprisonment for not less than six months nor more than three years, and by fine of not more than two thousand dollars, to be enforced in any court of the United States having juris- diction. 1 July, 1864, V. 13, p. 343. / Sec. 1624. * Title 15, Chap.lO. Art. 4. *The punishment of deSith, or such other punishment as a offenses Bnn court-martial may adjudge, maybe inflicted on anyperson in the naval ighable by death, service — wha «...».* Sixth. * * , in time of war, deserts or entices others to desert ; Desertion in time of war. Seventh. * * , in time of war, deserts or betrays his trust, or Deserting traat. entices or aids others to desert or betray their trust ; 17 July, 1862, s. 1, v. 12, p. 600. 23 April, 1800, art. 17, v. 2, p. 47. Art. 8. Such punishment as a court-martial may adjudge maybe inflicted on any person in the Navy — who ' T^ -t- ■ Twenty-first. * * in time of peace, deserts or attempts to desert, Desertion in or aids and entices others to desert ; *™® "* P®*"®' Twenty-second. Or receives or entertains any deserter from any other Harboring de- vessel of the Navy, knowing him to be such, and does not, with all con- aerters. venient speed, give notice of such deserter to the commander of the ves- sel to which he belongs, or to the commander-in-chief, or to the com- mander of the squadron. 17 July, 1862, s. 1, V. 12, p. 600. 23 April, 1800, v. 2, p. 47. Art. 9. Any officer who absents himself from his command without Officers absemt leave, may, by the sentence of a court-martial, be reduced to the rating without leave, of an ordinary seaman. , - 16 May, 1864, s. 2, v. 13, p. 75. Art. 10. Any commissioned officer of the Navy or Marine Corps who, Desertion by having tendered his resignation, quits his post or proper duties without rejignation. leiave, and with intent to remain permanently absent therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. 5 Aug., 1861, s. 2, V. 12, p. 316. Art. 19. Any officer who knowingly enlists inte the naval service any Enlisting d a - deserter from the naval or military service of the United States * * setters. * shall be punished as a ooiirt-martial may direct. 3 March, 1865, s. 18, v. 13, p. 490. 12 May, 1879, v. 21, p. 3. Sec. 1996. All persons who deserted the military or naval servipe of Title 25. the United States and did not return thereto or report themselves to a „. . . .■ provost-marshal within sixty days after the issuance of the proclamation zenaVfeitod for by the President, dated the 11th day of March, 1865, are deemed to have desertion, &o. 11181 3 34 DESEETEES AND DESERTION. Toluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens ; and such deserters shall be forever in- capable of holding ainy office of trust or profit under the United States, or of exercising any rights of citizens thereof. 3 March, 1865, s. 21, v. 13, p. 490. Certain soldiers Sbc. 1997. No soldier or sailor, hoiy ever, who faithfully serVed accor&- and sailbrs not to ing to his enlistment until the 19th day of April, 1865, and who, without incur the forfeit- proper authority or leave first obtained, quit his commandor refused to swtion. * serve after that date, shall be held to be a deserter from the Army or Navy ; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and olf the right to hold office, in con- sequence bf his desertion. [See § 4749.] 19 July, 1867, T. 15, p. 14. Avoiding the Sec. 1998. Every person who hereafter deserts the military or naval dratt. service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, orlgoes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be Uable to all the penalties and forfeitures of section nineteen hundred and ninety -six, 3 March, 1865, s. 21, v. 13, p. 490. Title 57, Sec. 4749. No soldier or sailor shall be taken or held to be a deserter —7-— 7— rr-— from the Army or Navy who faithfully served according to his enlist- andsSrs notto 1°^"* ^^^^^ ^^^ nineteenth day of April, eighteen hundred and sixty-five, ho deemed de- and Who, without proper authority or leave first obtained, quit his com- serters, &c. mand or refused to serve afierthat date; but nothing herein contained shall operate as a remission of any forfeiture incurred by any such sol- dier or sailor of his pension ; but this Section shall be construed solely as a removal of any disability such soldier or sailor may have incurred by the loss of his citizenship in consequence of his desertion. [See S 3438, Bounty Land, Part IV. ] 19 July, 1867, V. 15, p. 14. Title 70, Chap. »■ Sbc. 5455. Every person who entices or procures, or attempts or, en- Enticing deser- deavors to entice or, procure, any soldier in the military service of the tlans from the United States, or who has been recruited for such service, to desert there- mUitary or naval from, or who aids any such soldier in deserting or attempting to desert service. from such service, or who harbors, conceals, protects, or assists any such soldier who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such soldier on the demand of any officer authorized to receive him, shall be pun- ished by imprisonment not less than six months nor more than two years, and by a fine not exceeding five hundred dollars; and every per- son who entices or procures, or attempts or endeavors to entice or pro- cure, any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or who aids any such seamen or other person in deserting or in attempt- ing to desert from such service, or who harbors, conceals, protects, or assists any such seaman or other person who may have deserted from such service, knowing him to have deserted therefrom, or who refuses to give up and deliver such sailor or other person on the demand of any officer authorized to receive him, shall be punished by imprison- ment not less than six mouths nor more than three years, and by a fine of not more than two thousand dollars, to be enforced in any court of the United States having jurisdiction. 3 March, 1863, 8. 24, v. 12, p. 735. 1 July, 1864, V. 13, p.' 348. 27 rehruary, 1877, v. 19, p. 253. ITOTKB.— The President may grant conditional pardon for desertion j may re- mit a part of the penalty or punishment without remitting the whole ; may re- enfranchise -without giving right to forfeited pay. — Op. XtV, 124. If pay forfeited or a flneTias passed into the Treasury, by a coveriiig warrant or otherwise, neither can bereleasedwithoutauthority of Congress.— Op. VIII 281 1 XIV, 599; and XVI, 1. j s P -vix. Desertion is a aontinuing offense. Limitation to trial begins tor run from com- mencement of the offense, except where, by reason of "manifest impediment," the accused is not amenable to justice within two years from that time. In such a case it runs from the removal of the impediment. Continuing commission limited by the obligation to serve under engagement. When that ceases the eommiflsion terminates in cases not excepted. "Amenable " signifies withiui DISMISSAL AND RESIGNATION OF OFFICERS. 35 the reach and power of the military authorities to hring to trial. — Op. XV, p. 152, Taft, Sept. 1, 1876. Wliere forfeiture or leas of pay is made part of a sentence, in addition to con- finement or suspension from duty, the former may he remitted hy the ^proper authority, in -whole or in part, without also remitting the latter.— Op. XV, p. 175, Taft, Nov. 9, 1876. . Porfeitore hy desertion does not include moneyof the deserter found in pos- session of or deposited with paymaster.— Op. Xm, p. 210, Hoar, Feh. 8, 1870. The honorahle discharge of a soldier is a formal, final judgment passed hythe Government on his entire military record, and an authoritative declaration' that he left the service in a status of honor. As such it relieves him from a cbaj^ge of desertion appearing on the rolls. Does not restore pay and allowances for- feited by sentence of a military court-martial for desertion. — Court of Claims, Vm, 110; IX, 190; Wallace, XV, 34. A seaman charged before a court-martial with desertion may be found guilty of attempting to desert Howard, 20, p. 65. In a trial for theft and desertion, sentence and conviction disapproved and prisoner restored to duty. Action of reviewing officer in efiect an acquittal hy the court. No authority to withhold pay on account of alleged desertion. — Op. XUI, p. 469, Bristow, June 21, 1871. DISMISSAL Al*rD EESIGNATION OP OFFICERS. Appointments, etc. See Addenda, Paet I. Sec. 1229. Dismissal in time of peace. 1441. Officers dismissed or resigning to escape dis- missal. 1624. Dismissal of ofacers. Art. 36. Sec. 1624. Officers dismissed by President may de- mand trial. Art. 37. Act amending article 37. li^ailing in examination. Officers d i s- missed, or resign- ing to escape dismissal. Sbc. 1229. * * * No * ' * « officer in the military, or navql Title 14, Chap. 1. service shall in time of peace be dismissed from service except upon ^ and in pursuance of the sentence of a court-martial to that effect, or in commutation thereof. 15 July, 1870, a. 17, v. 16, p. 319. 13 July, 1866, o. 5, v. 14, p. 92. [Section 1230 of the Revised Statutes is almost the same as art. 37, sec. 1624, except the words "since 3d March, 1865," are omitted.] Sbc. 1441. No officer of the Navy who has been dismissed by the sen- Title 15, Cbap.it. tence of a court-martial, or suffered to resigil in order to escape such ' dismissal, shall ever again become an officer of the Navy. 16 July, 1862, B. 11, V. 12, p. 585. Note. — Congress did not intend by this clause to preclude the President from reappointing officers dismissed hy sentence of cOurt-martial to whom he has extended a paWon. Pardon purges theoffense, but does not of itself restore lost position.— Op. XI, p. 19, March 12, 1864. Sec. 1624, Art. 36. No officer shall be dismissed from the naval service TItletS.Chap.lO. except by the order of the President or by sentence of a general court- Dismissal of martial; and in time of peace no officer shall be dismissed except in officers, pursuance of the sentence of a general court-martial or in mitigation thereof. 13 July, 1866, s. 6, v. 14, p. 92. Sec. 1624, Art. 37. When any officer, dismissed by order of the Presi-O'Bce'' dismissed dent since 3d March, 1865, makes, in writing, an application for trial, nmv dem an"d setting forth, under oath that he has been wrongfully dismissed, the trial. President shall, as soon as the necessities of the service may permit, convene a court-martial to try such officer on the charges on which he shall have been dismissed. And if such court-martial shall not be con- vened within six months from the presentation of such application for trial, or if suoh court, being convened, shall not award dismissal or death as the punishment of such officer, the order of dismissal by the President shall be void. [See act of June 22, 1874, and notes infra.'\ 3 March, 1865, B. 12, v. 13, p. 489. That the accounting officers of the Treasury be, and are hereby, pro- June 22, 1874. hibited from making any allowance to any officer of the Navy who has p^y onrestora- been, or may hereafter be, dismissed from the service and restored to tion. the same under the provisions of the twelfth section of the act of March third, eighteen hundred and sixty-five, entitled, "An act to amend the several acts heretofore passed to provide for the enrolling and calling out the national forces, and for other purposes," [sec. 162|4, K. S.] to exceed more than pay as on leave for six months from the date of dismissal, unless it shall appear that the officer demanded in 36 DISMISSAL AND RESIGNATION OF OFFICERS. writing, addressed to the Secretary of the Navy, and continned to de- mand as often as once in six months, a trial as provided for in said act. 22 Jane, 1874, o. 2,T, 18, p. 191. Note. — An officer, between date of dismissal and restoration, not demand- ing, in writing, as often as six montlis, a trial, when restored is not entitled to more than "pay as on leave for six months", from date of dismissal. — Op. XV, 569, Taft, July 21, 1876. Aug. 5, 1882. Whenever on an inquiry had pursuant to law, concerning the fitness '- — rT~ of an officer of the Navy for promotion, it shall appear that such officer Officers failmg ^ ^^fit ^o perform at sea the duties of the place to which it is proposed in examination. ^^ promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not he placed on the retired-list of the , Navy, and if the iinding of the board be approved by the President, he shall be discharged with not more than one year's pay. [One year's leave pay, as decided by the accounting officers in 1883. ] 5 Aug.,' 1882, P. E.,p. 286. [Naval appropriation act.] KoTES. — After a sentence of dismissal from the service has been approved and carried into execution, the President cannot reconsider his approval and revoke the sentence.— Op. IV, .p. 274, Nov. 3, 1843 ; Op. Vn, p. 99, April 11, 1855 ; Op. X, p. 64, June 13, 1861 ; Op. XI, pp. 19 and 251, March 12, 1864, and June 20, 1865, re- spectively ; Op. XV, p. 291 and Feb. 24, 1881. The President by and with the advice and consent of the Senate, can super- sede a military^ or naval officer by the nomination of a successor. The confirma- tion and appointment of the latter vacates the office of the former. — £lakp'8 case. Supreme Court, Otto, 103, p. 227j' also see Otto, 97, p. 426, Mimmack's case, and Otto, 102^ 426, McElrath's case. So much of this section (1624) as relates to dismissal in time of peace did not ^ take eftect before August 20, 1866, on which day, in contemplation of law, the/ rebellion against the national authority was suppressed. — S. 0., Otto, 102, p. 426. Not the effect of this act (sec. 1624) to withdraw the power of the President to supersede an officer by appointment, by and with the advice and consent of the Senate, of another.— Otto, 103, p. 226. Article 37, section 1624 (12 of act of March 3, 1865, 13 Statutes, 489), is consti- tutional and imperative. It j>rovides, in certain contingencies, for the restora- tion of t|ie officer to the service, and leaves the dismissal in full force if those contingencies do not happen.— Op. XII, p. 4, Stanbery, August 6, 1866. The President in 1861 had the power to dismiss an officer from the Marine Corps.- Tyler's case. Op. 15, p. 421, Jan. 8, 1878.. Dismissal of an acting maater, March, 1&62, by the Secretary of, the Navy, lawful. In the absence of legislation, the Secretary had a right to determine at what time an acting appointment should cease. — ^A. M. Smith's case. Op.' XV, p. 560, April 25, 1876. The Secretary of the Navy had the power to dismiss an "acting gunner on temporary service " in the volunteer Navy. The power to appoint gunners to an undefined extent does not preclude the appointment of acting gunners also. — Sopor's case. Op. XV, p. 664, June 10, 1876. The 17th section of the actof July^ 12, 1862, chap. 200, v. 12, p. 594, authorized and requested the President to dismiss and discharge from the military service, either in the Army, Navv, Marine Corps, or volunteer force in the TTnited States service, any officer for any cause which, in his judgment, either rendered such officer unsuitable for, or whose dismission would promote, the public serv- ice. This section was repealed by section 5 of an act approved July 13, 1866 chap. 176, V. 14, p. 90. In a case where an officer was dismissed by the President, and the dismissal revoked in due form, no unreasonable time having elapsed, the vacancy not hav- ing been filled, and the rights of other parties not liavmg intervened, the revoca- tion presents only a case of Executive authority, which has' repeatedly been exercised; but in view of late decisions the court gave judgment for the claim- ant in order that the case might go to the Supreme Court. — C. C. , XVII, p. 344, Ctwson'ff case, Dec, 1881, term. Title lS,Vbap.lO. Sec. 1624, Art. 10. Any commissioned officer of the Navy or Marine — Corps who, having tendered his resignation, quits his post or proper Desertion by duties without leave, and with intent to remain permanently absent resignation. therefrom, prior to due notice of the acceptance of such resignation, shall be deemed and punished as a deserter. 5 Aug., 1861, s. 2, V. 12, p. 316. Notes.— An oflfer to resign is revokable by the officer prior to its acceptance. After acceptance and before it has taken effect it may be modified or with- drawn entirely by the consent of both parties. (Control over it, in point of duration, extends no further.— Op. XIV, p. 260, June 17, 1873 : Op. XII, p. 555 reb. 10, 1869. A resignation tendered to take eftect on a future day, and placed in the hands 1 of a part^ to be delivered to the President, oan be recalled before delivery. Its subsequent delivery is not binding. — Op, XHI, p. 77, June 2, 1869. A valid resignation of a military officer, followed by an unconditional accept- ance of it, operates to remove tne incumbent, and a new appointment is re- quired to restore him to the office. — Oj). XTT, p. 555, Feb. 10, 1869. But in cases where the officer was insane at time of resignation, his action was held to be a nullity and capable of being rectified.- Ops. Ill, p. 641, VI, p. 456, and X, ENGINEER CORPS. 37 S. 229. If the vacancy has teen properly filled, the acceptance cannot be igally revoked.— Op. XV, p. 469, Marfli 22, 1878 ; Otto, 103, p. 227. ' A civil officer has a right to resign at hiis own pleasure, and it is only neces- sary that it should be received by the Exeontive. Its acceptance or rejection by him is unimportant.— U. S. vs. Wright, 1 McLean„509. < * A resignation does not become operative until the officer is officially notified of the acceptance of the same. Mere acceptance, without notice, does not give effect to the resignation. It is not until due notice of the same is received that the officer is legally separated from the Army and made a civilian, and up to the date of snch notice he is entitled to pay.— Winthrop's Digest, p. 430. EXGIIirEER CORPS. [See A.m Naval Academy.] Sec. 424. Chief of Bureau. 1390. Engineer Corps, number and rank. Restriction on promotions. 1391 Appointment of. 1392. Qualifications of. 1393. Engineer of the fieet. 1471. Rank and title of Chief of Bureau. Sec. 1476. Rank, active list. 1481. Rank, retired, &o. 1484. Eogineer officers graduated at the Academy. 1488. No authority to exercise military command. 1556. Pay of engineers. • Assignment to colleges. Sec. 424. The Chief of the Bureau of Steam Engineering shall he Title 10. / appointed from the chief engineers of the Navy, and shall he a skillful ohlef of Bureau, engineer. 6 July, 1862, s. 1, v. 12, p. 510. Sec. 1390. The active list of the Engineer Corps of the Navy sha,ll con- Title IS, Chap. 1. sist of seventy chief engineers, -who shall be divided into three grades, EngineerCorps by relative rank, as provided in Chapter Four of this Title; [See j number and 1476.] rank. Ten chief engineers ; Fifteen chief engineers ; and Forty-flve chief engineers, who shall have the relative rank of lieu- tenant-commander or lieutenant. i And each and all of the above-named officers of the Engineer Corps shall have the pay of chief engineeffs of the Navy, as now provided. Sixty passed assistant engineers, who shall have the relative rank of lieutenant or mastert; and Forty assistant engineers, who shall have the relative rank of master or ensign ; and the said assistant engineers shall have the pay oi passed and assistant engineers of the Navy, respectively, as now provided.* . 3 March, 1871, s. 7, v. 16, p. 536. 24 Feb., 1874, V. 18, p. 17. 5 Aug., 1882, P. E. X., 286. Hereafter only one-half of the vacancies shall be filled by promotion March 3, 1883. until the number is reduced as required by act of August 5, 1882. [Sec. -. j. . . loyo. ] promotion., 3 March, 1883. [Kaval appropriation act.] Sec. 1391. Engineers shall be appointed by the President, by and Title 15, Chap. 1. with the advice and consent of the Senate. 31 Aug., 1842, 8. 6, V. 5, p. 577. 3 March, 1845, s. 7, v. 5, p. 794. 25 July, 1866, s. 7, v. 14, p. 223. Appoinimeht. Sec. 1392. No person under nineteen or over twenty-six years of age Qaallfloatl on s. shall be appointed an assistant engineer in the Navy ; nor shall any person be appointed or promoted in the Engineer Corps until after he has been found qualified by a board of competent engineers and medical , officers designated by the Secretary of the Navy, and has complied with existing regulations. 3 March, 1871, s. 8, v. 16, p. 536. 24 Feb., 1874, V. 18. p. 17. 25 July, 1666, s. 7, v. 14, p. 223. Note.— The naval appropriation act approved August 5, 1882, requires that thereafter all appointments to the Engineer Corps shall be made from naval » cadets, graduates of the year in which the vacancies which they are appointed to fill shall occur. See Naval Academy. Sec. 1393. The President may designateamongthe chief engineers in Engineerofthe the service, and appoint to every fleet or squadron, an engineer, who fleet, shall be denominated "engineer of the fleet." - 21- April, 1804, 8. 7, V. 13, p. 54. , f The titles of first and second assistant engineers were changed to passed and assistant engineers, respectively, Feb. 24, 1874. The grade of third assistant was abolished July 15, 1870. tliientenant of the junior grade. (March 3, 1883.) -38 ENGINEER CORPS. Title 16, Chap. 4. Sec. 1471. The Chief * * * of the Bareauof Steam EngineeriDg ~^ — r — . p. . -shall have the relative rank of commodore while holding said position, of Bureau. » * * and the title of engineer-in-chief. 3Maroh,1871,8. 12,v. 16,p.537. . Sec. 1476. Oflicers of the Engineer Corps on the active list shall have Eank. relative rank as follows : Of the chief engineers, ten shall have the relative rank of captain, On the active fifteen that of commander, and forty-five that of lieutenant-commander "**■ or lieutenant. Passed assistant engineers shall have the relative rank of lieutenant or master*, and assistant engineers that of master* or ensign. ' 3 March, 1871, s. 7, v. 16, p. 536. 24 Feh., 1874, v. 18, p. 17. ■WTien retired Sec. 1481. Officers of the » * * Engineer Corps » * * who from age .orshall have served faithfully for forty-five years, shall, when retired, lengthofaervice.jiaye the relative rank of commodore; and * * * -who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. 3 March, 1871, s. 11, v. 16, p. 537. Eneiueers ^^^' 1^^*- Engineer officers graduated at the Naval Academy shall gradaated at the ^'^'^e precedence with all other officers with whom they have relative Academy. rank, according to the actual length of service in the Navy. 3 March, 1873, a. 1, v. 17, p. 555. • Note. — Engineer ofiicers, gradaates of the Naval Academy, are not entitled to the six years' constructive service allowed to other staff officers of the Navy in estimat'mg length of service. Engineer officers not graduated at the Acad- emy, stand on the same footing with other staff ofiicers, and are entitled to the constructive service. — Op. XV; p. 336, Devens, July 1], 1877. Military com- Sec. 1488. The relative rank given by the provisions of this chapter ™*'"*A to officers of the * * * Engineer Corps shall confer no authority to exercise military command. 5 Aug., 1854, 8. 4, V. 10, p. 587. G. 0., 31 Aug., 1846, and 27 May, 1847. 3 March, 1859, s. 2, v. 11, p. 407. Title 15, Chap. 8. Sec. 1556. - * * Fleet engineers, four thousand four hundred dol- Pay of fleet en- 1^™- * * * Chief engineer having the same rank as pay director giheers. and pay inspector, when on duty at sea, four thousand four hundred dollars. When not at sea, the same as surgeons and paymasters, respect- Chief engineers, ively. * * Chief engineers, who have the same rank withpay masters, during the first five years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; durin g the second five years after such date, when iit sea, three thousand two hundred dollars; on shore diity, two thousand eight hundred dol- lars ; on leave, or waiting orders, two thousand four hundred dollars ; during the'third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dol- lars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars ; on shore duty, three thousand six hundred dol- lars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hun- dred dollars ; on shore duty, four thousand dollars ; on leave, or waiting orders, three thousand dollars. » » * Paased assistant Passed assistant engineers, during the first five years after date ol engineers. appointment, when at sea, two thousand dollars; on shore duty, one thousand eight hundred dollars ; on leave, or waiting orders, one thou- sand five hundred dollars ; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dol-^ lars ; on leave, or waiting orders', one thousand seven hundred dollars. Assistant e n- Assistant engineers, during the first five years after date of appoint- glneera. ment, when at sea, pne thousand seven hundred dollars; on shore duty, one thousand four hundred dollars ; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hun- * Lieutenant of the junior grade. {March 3, 1883.) HOSPITALS — ASYLUMS. 39 dred dollars; on leave, or waiting orders, one tiiousand two hundred dollars. ' 15 July, 1870, a. 3, v. 16, p. 331. 24 Fel)., 1874, v. 18, p. 17. 3 March, 1871, as. 5, 6, v. 16. p. 535. 3 March, 1873, s. 1, v. 17, p. 555. For tlie purpose of promoting a knowledge of steam-engineering and 26 Feb., 1879. iron-ship building among the young men of the United States, the Detail of enei- President may, upon the application of an established scientific school neers for c o 1- or college within the United States, detail an office'r from the Engineer legea. Corps of the Navy as professor in such school or college : Provided, That the number of officers so detailed shall not at any time exceed twenty- five, and such details shall be governed by riiles to be prescribed from time to time by the President: And provided further, That such details may be withheld or withdrawn whenever, in the judgment of the President, the interests of the public service sh^U so require. 26 Feb., 1879, v. 20, p. 322. HOSPITALS, ASYLUMS, ETC. Sec. 16L4. Dedactlnn from pay of marines. 4807. Sapermtendence of Navy hospitala. 4808. Deductions from pay of seamen, &c., for ITavy-hospital fund. 4809. Appropriation of fines. 4810. Purchase and erection of Navy hospitals. Sec. 4811. Grovernment of Naval Asylum. 4812. Allowance of rations to Navy hospitals. 4813. Allowance .from pensions. Hospital at Hot Springs, Ark. Closing of hoapitala. \ Sec. 1614. The Secretary of the Navy shall deduct from the pay d^e Title 15, Chap. ». each of the officers and enlisted men of the Marine Corps at the rate of De^notion for twenty cents per month for^ every officer and marine, to be applied to hospitals, the fund for Navy hospitals. 2 March, 1799, s. 2, v. 1, p. 729. 26 Feb., 1811, s. 1, v. 2, p. 650. Sec. 4807. The Secretary of the Navy shall have the general charge Title 59, Chap. 1. and superintendence of Navy hospitals. Superintend- 26 Feb., 1811, s. 1, v. 2, p. 650. ence of Navy 10 .July, 1832, 8. 5, v. 4. p. 573. hospitals. Sec. 4808. The Secretary of the Navy shall deduct from the pay due Deduction from , each officer, seaman and marine, in the Navy, at the rate, of twenty P*y "^ seamen, cents per month for each person, to be applied to the fund for Navy ihoapitarfmd^^ hospitals. 2 March, 1790, s. 2, v. 1, p. 729. 26 Feb., 1811, s. 1, v. 2, p. 650. Sec. 4809. All fines imposed on Navy officers, seamen, and marines Appropriation shall be paid to the Secretary of the Navy, for the maintenance of Navy offices, hospitals. 26 Feb., 1811, s. 2, v. 2, p. 650. 10 July, 1832, s. 5, v. 4, p. 573. Sec. 4810. The Secretary of the Navy shall procure at suitable places Purchase and proper sites for Navy hospitals, and if the necessary buildings are not erection of Navy procured with the site, shall cause such to be erected, having due regard "^^^ * ^' to economy, and giving preference to such plans as with most conven- ience and least cost will admit of subsequent additions, when the funds permit and circumstances require ; and shall proviile, at one of the/estab- lishments, a permanent asylum for disabled and decrepit Navy officers, seaman, and marines. [Naval Asylum now located at Philadelphia.] 26 Feb., 1811, s. 3, v. 2, p. 650. ' 10 July, 1832, s. 5, v. 4, p. 573. Sec. 4811. The asylum for disabled and decrepit Navy officers, sea- Government of men, and marines shall be governed in accordance with the rules and Naval Asylum, regulations prescribed by the Secretary of the Navy. [See section 5757, naval pension fijnd, as to provision for those preferring pension to the asylum. ] 26 Feb., 1811, s. 4, v. 2, p. 650. Sec. 4812. For every Navy officer, seaman, or marine admitted into a Allowance o f Navy hospital, the institution shall be allowed one ration per day dur- jj* jp^als ^^ ing his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine. Jbid., a. 5. 40 INSANE OF THE NAVY — GOVERNMENT HOSPITAL. AUowanoe from Sec. 4813. Whenever any Navy officer, seaman, or marine, entitled to pension. g^ pension, is admitted to a Navy hospital, the pension, during his con- tinnance in the hospital, shall be paid to the Secretary of the Navy and deducted from the account of such pensioner. Ibid. 30 June, 1882. Provided, That one hundred thousand dollars be, and hereby is, appro- ~7 , NavT priated for the erection of an Army and Navy hospital at Hot Springs* hospitel at Hoi Arkansas, which shall be erected by and under the direction of the Sec" Spmigs, Ark. retary of War, in accordance with plans and specifications to be pre- pared and submitted to the Secretary of War by the Surgeons-General of the Army and Navy; which hospital, when in a condition to receive patients, shall be subject to such rules, regulations, and restrictions as shall be provided by the President of the United States : Provided fur- ther, That such hospital shall be erected on the government reserva- tion at or near Hot Springs, Arkansas. 30 June, 1882, P. E. L., p. 121. [Army appropriation act.] 3 March, 1883. And if the Secretary of the Navy shall not be able to maintain prop- Cloeineof ios- P^^ly the whole number of naval hospitals now ]f;ept open on toe --'- amounts hereby appropriated for the maintenance of and civil estab- lishment at naval hospitals, he shall close those which are least neces- sary to the service, and provide for the patients now cared for therein ch other naval hospitals as may be most convenient. 5 Aug., 1882, and 3 March, 1883. [N'aTal appropriation actfi-l pitals. INSANE OF THE NAVY— GOVEEFMENT HOSPITAL. ^ec. 1651. Authority of the Secretary of the Navy, &c. 4838. Establishment of the Government Hospital for the Insane. 4843. Admission tit insane persons of the Army Navy, &c. Sec. Limit to admission. Transfer of insane convicts, &c. Admission of insane inmates of National Home for Disabled Volunteers. Title 16, Chap. 7. Sec. 1551. The Secretary of the Navy may cause persons in the naval "~T f~tb6 service or Marine Corps, who become insane while in the service, to be Jfavy?"* " placed in such hospital for the insane as, in his opinion, will be most convenient and best calculated to promise a restoration of reason. And he may pay to any such hospital, other than the Government Hospital for the Insane in the District of Columbia, the pay which may from time to time be due to such insane person, and he may, in addition thereto, pay to such institution, from the annual appropriation for the naval service, under the head of contingent enumerated, any deficiency of a reasonable expense, not exceeding one hundred dollars per annum. 3 Ang., 1848. s. 13, v. 9, p. 272. 2 July, 1864, s. 2, v. 13, p. 348. Title 59,Gliap^ 4. Sec. 4838. There shall be in the District of Columbia a Government -~; — ■ : Hospital for the insane, and its objects shall be the most humane care Hospited'^for^the ^^^ enlightened curative treatment of the insane of the Army and Navy Insane. of the United States and of the District of Columbia. 3 March, 1855, s. 1, v. 10, p. 682. Admission of Sec. 4843. The superintendent, upon the order of the Secretary ot insane per^nsof War, of the Secretary of the Navy, and of the Secretary of the Treas- Marhf™^ or ps' ^^^> respectively, shall receive, and keep in custody until they are cured, &c. ' or removed by the same authority which ordered their recepition, insane . persons of the following descriptions : First. Insane persons belonging to the Army, Navy, Marine Corps, and rexeuue-cutter. service. ' Second. Civilians employed in the Quartermaster's and Subsistence Departments of the Army who may be, or may hereafter become, insane while in such employment. Third. Men who, while in the service of the United States, in the Army, Navy,'or Marine Corps, have been admitted to the hospital, and have been thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support. Fourth. Indigent insane persons who have been in either of the said NATIONAL HOME fOE VOLUNTEERS. 41 services and been discharged therefrom on account of disability arising fipom such insanity. Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes which arose during and were produced by said service. 15 June, 1860, s. 1, v. 12, p. 23. 13 July, 1866, ss. 1, 2, v. 14, pp. 93, 94. Hereafter the admission to the hospital shall be limited to such ^er- 16 Jnne, 1880. sons as are entitled to treatment therein under the provisions of title Limit to a43mis- 59, chap. 4, of the Revised Statutes of the United States, and under sioii. the act approved March 3, 1875, chap. 156. [See notes.] 16 June, 1880, v. 21, p. 259. ' i That upon the application of the Attorney-General the Secretary of -^°g- ''< ^^^^' the Interior be, and he is hereby, aathorized and directed to transfer to Transfer of in- the Government Hospital for the Insane in the District of Columbia all sane couTiots, persons who, having been charged with offenses against the United &o., to Goveni- States, are in the actual custody of its officers, and all persons who have ment Hospital, been or shall be convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and whodtiring the term of their imprisonment have or shall become and be insane. 23 June, 1874, a. 1, v. 18, p. 251. Aug. 7, 1882, P. E., p. 330. In addition to the persons now entitled to admission to said hospital, . Admission oi any inmate of the National Home for Disabled Volunteer Soldiers, who 1???°,®t?°™ ^*; . ^ -L J.J. T. ■ n 11 J J. j.T_ tionai Home lOr IS now or may hereafter become insane shall, upon an order of the Disabled Volnn- president of the board of managers of the said National Home, be ad- teers. mitted to said hospital and treated therein ; and if any inmate so ad- mitted from said National Home is or thereafter becomes a pensioner, and has neither wife, minor child, nor parent dependent on him, in whole or in part, for support, his arrears of pension and his pension money accruing during the period he shall remain in said hospital shall be applied to-his support in said hospital, and be paid over to the pro- per officer of said institution for the general uses thereof. 7 Aug., 1882, P. E. L., p. 330. Notes — Volunteer soldiers who have become insane within a period of more '- / than three years after their discharge from service may be admitted to the Gov- ernment Asylum fdr the Insane in the District of Columbia, whether at the time they became insane they were inmates of any volunteer soldiers asylum or not. — > Op. XTV, p. 225, Williams, April 23, 1873. But see act of 16 June, 1880, ante. An act approved March 3, 1875, v. 18, p. 485, chap. 156, sec, 5, provides that ~ insane patients of the Marine Hospital Service may be admitted to the Gov- ernment Hospital for the Insane upon the order of the Secret^'ry of the Treas- ury, at a charge not exceeding four dollars and fifty cents a weefe. An act approved June 23, 1874, 18 Stat., 251, provides for the admission of insane convicts to the insane asylum in the District of Columbia, NATIONAL HOME FOR VOLUNTEEE SOLDIERS AND SAILORS. Sec. I Sec. 4832. Persons entitled to admission I Disposition of pensions. Sec. 4832. The following persons only shall be entitled to the benefits Title 5tf, Chap. 8 . of the National Home for disabled volunteer soldiers, and may be ad- -^ijj,t persons mitted thereto, upon the recommendation of three of the board of man- entitled to ad- agers, namely: All officers and soldiers who served in the late war for mission, &o. the suppression of the rebellion, and the volunteer soldiers and saUors of the war of eighteen hundred and twelve and of the Mexican war, and not provided for by existing laws, who have been or may be dis- abled by wounds received or sickness contracted in the line of their duty ; and such of these as have neither wife, child, nor parent depend- ent upon them, on becoming inmates of this home, or receiving relief therefrom, shall assign thereto their pensions when required by the board of managers, during the time they shall remain therein or receive its benefits. [These homes are at Augusta, Me., Milwaukee, Wis., Day- ton, Ohio, Knightstown, Ind., and Hampton, Va.] 21 March, 1866, s. 7, v. 14, p. 11. 28 Feb., 1671, Kes. 45, v. 16, p. 599. 23 Jan., 1873, s. 1, v. 17, p. 417. 42 ARTIFICIAL LIMBS, TRUSSES, - AND APPLIANCES. Ang. 7, 1882. That all pensions atid arrears of pensions payable or to be paid to ~^ — : T^~ pensioners who are or may become inmates of the National Home for matesTf'^omJs Disabled Volunteer Soldiers shall bepaid to the treasurers of said home, -to be paid to to be applied by such treasurers as provided by law, under the rules trpasTirerB of ^jj^ regulations of said home. Said payments shall be made by the sachinstitntions. pgngion agent upon a certificate of the proper officer of the home that the pensioner is an inmate thereof on the day to which said pension is drawn. The treasurers of said home, respectively, shall give security, to the satisfaction of the managers of said home, for the payment and application by them of all arrears of pension and pension-moneys they may receive under the aforesaid provision. And section two of the act entitled "An act making appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June thirtieth, eighteen hundred and eighty-two, and for deficiencies, and for other purposes," approved February twenty-sixth, eighteen hundred and eighty-one, is hereby revived and continued in force.* Aug. 7, 1882, P. B., p. 322. [Sundry civil act]. AETIFICIAL LIMBS, TRUSSES, AND APPLIAiS'CES. Sec. 1176. Trusses, to whom furnished. 1177. Applications for trusses. 1178. Purchase of trusses. 4787. Artificial limbs to be furnished every five years. 4788. Commutation rates in money value for limb, &c. Sec. 4789. Money commutation, how paid. 4790. Commutation to persons who cannot use ar- tificial llm1>s. I 4791. Transportation for jpersous to whom artifi- cial limbs are furnished. Surgical appliances. Title 14, C'bap.l. Sec. 1176. That every soldier of the Union Army, or petty-officer, Trusses to seaman, or marine in the naval service, who was ruptured while in the ■whom famished, line of duty during the late war for the suppression of the rebellion, or who shall be so ruptured thereafter in any war, shall be entitled to re- ceive a single or double truss of such style as may be designated by the Surgeon-General of the United States Army as best suited for such dis- ability;, and whenever the said truss or trusses so furnished shall become useless from wear, destruction, or loss, such soldier, petty-officer, sea- man, or marine shall be supplied with another truss on making a like application as provided for in section two of the original act of which this is an amendment: Provided, That such application shall not be made more than once in two years and six months : And provided farther, That sections two and three [sees. 1177 and 1178 R. S.] of the said act of May twenty-eighth, eighteen hundred and seventy-two, shall be con- strued so as to apply to petty-officers, seamen, and marines of the naval service, as well as to soldiers of the Army. [Amended section.] 28 May, 1872, s. 1, v. 17, p. 164. 3 March, 1879, v. 20, p. 353. Note. — It is left with the Surgeon-G-eueral of the Army to adopt one style, or difierent styl^, keeping in view the selection of that which in his judgment is best adapted to the purpose for which intended. — Op. XIV, 72. July 30, 1872. Application for Sbc. 1177. Application for such truss shall be made by the ruptured trusses. soldier, to an examining surgeon for pensions, whose duty it shall be to examine.the applicant, and when found to have a rupture or hernia, to i; prepare and forward to the Surgeon-General an application for such truss without charge to the soldier. [See § 4787.] 28 May, 1872, s. 2, v. 17, p. 164. Trusses, chase of. Title 57. pur- Sec. 1178. The Surgeon-General is authorized and directed to purchase the trusses required for such soldiers, at wholesale prices, and the cost of the same shall be paid upon the requisition of the Surgeon-General out of any moneys in the Treasury not otherwise appropriated. 28 May, 1872, s. 3, v. 17, p. 164. Sec. 4787. Every officer, soldier, seaman, and marine, who was dis- , . . „ . -; abled, during the war for the suppression of the rebellion, in the mili- limbs &c^ tobe *^''y <"^ naval service, and in the line of duty, or in consequence of furnished' every wounds received or disease contracted therein, and who was furnished five years. by the War Department, since the seventeenth day of June, eighteen hundred and seventy, with an artificial limb or apparatus for resection, *Und6r the act of Peb. 26, 1881, the pensions are to be paid over to the treasurer, without deduction for fines or penalties. Any balance on discharge of Inmate is to be paid over to him ; in case of death to his widow, children, or legal representatives. CEMETERIES NATIONAL. ' 43 or who was entitled to receive sueli limb or apparatus since said date, shall be entitled to receive a new limb or apparatus at the expiration of every_fl.v6 years thereafter, under such regulations as have been or may be prescribed by the Surgeon-General of the Army. The provisions of this section shall apply to all officers, non-oommis- Persona enti- sioned officers, enlisted and hired men of the laud and naval forces of tied, the United States, who, in the line of their duty aS such, shall have lost limbs or sustained bodily injuries depriving them of the use of any of their limbs, to be determined by'the Surgeon-General of the Army ; and the term of five years herein specified shall be held to commence in each case with the fifing of the application for the benefits of this section. 27 July, 1868, s. 14, v. 15, p. 237. 23 March, 1876, v. 19, p. 8. 17 June, 1870, 8. 1, v. 16, p. 163. 27 Feb., 1877, v. 19, p. 252. 30 June, 1870, v. 16, p. 174. ^ KOTB. — Held by the "War Department that desertion does not affect the rights of a person disabled, as this section indicates, to artiHolal limb^ or apparatus, ahd that it might be properly construed to include the mechanics and laborers employed at the arsenals under Title XVII, E. S. — Winthrop's Digest, 122. The act of Aug. 15, 1«76, v. 19, page 203, allo'ws cormnutaiion for an artificial limb or appliances every five years. Sec. 4788. Every person entitled to thCi benefits of the preceding sec- C o na mutation tiou may, if he so elects, receive, instead of such limb or apparatus, the ™j®^ 2° jj^™®^ money value thereof, at the following rates, namely: For artificial legs, seventy-five dollars; for arms, fifty dollars ; for feet, fifty dollars ; for apparatus for resection, fifty dollars. ' 17 June, 1870, 9. 1, v. 16, p. 153. 15 Aug., 1876, v. 19, p. 203. Sec. 4789. The Surgeon-General shall certify to the Commissioner of Money commu- Pensions a list of all soldiers who elect to receive money commutation tation, how to be instead of limbs or apparatus, with the amount due to each, and thp P . Commissioner of Pensions shall cause the same to be paid to such sol- diers in the same manner as pensions are paid. 17 June, 1870, a. 2, v. 16, p. 153. Sec. 4790. Every person in the military or naval service who lost a Money commu- limb during the war of the rebellion, or is entitled to the benefits of tation to those section forty-seven hundred and eighty-seven, but from the nature of J^yflei^fjmb"^^ his injury is not able to use an artificial limb, shall be entitled to the benefits of section forty-seven hundred and eighty-eight, and shall re- ceive money commutation as therein provided. 17 June, 1870, a. 2, v. 16, p. 153. 27 Feb., 1877, v. 19, p. 252. Sec. 4791. The Secretax'y of War is authorized and directed to furnish Transportation to the persons embraced by the provisions of section forty-seven hundred for persons to »and eighty-seven, transportation to and from their homes and the place ^^^ are*^^fur where they maybe required to go to obtain artificial limbs providedfor nigted them under authority of law. The transportation allowed for having ' artificial limbs fitted shall be furnished by the Quartermaster-General of the Army, the cost of which shall be refunded from the appropria- tions for invalid pensions. ^ 28 July, 1866, v. 14, p. 342. 23 March, 1876,.jt. 19, p. 8. 15 An'g., 1876, s. 2. v. 19, p. 204. 27 Feb., 1877, V. 19, p. 252. The sundry civil act, approved March 3, 1883, appropriates two gurgloal appli- thousand dollars, to be expended under the direction of tlie Secretary ances. ■ of War, ".for providing surgical appliances for persons disabled in the military or naval service of the United States, and not entitled, to arti- ficial limbs." CEMETBEIES— NATIONAL. Sec. I Sec. 4877. Inclosures, headstones, &c. I 4878. Who may be buried in national cemeteries. Sec. 4877. In the arrangement of the na^iional cemeteries established Title 59, Chap, fl. for the burial of deceased soldiers andisailors, the Secretary of War is i n c l o s u r es, hereby directed to hav^ the same inclosed with a good and substantial headstones, and stone or iron fence ; and to cause each grave to be marked with a small registers. headstone or block, which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the 44 HYDEOGEAPHIC OFFICJB. same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the office of the Quartermaster-General, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier ; or "if these are unknown, it shall be so recorded.* 22 Feb., 1867, s. 1, v. 14, p. 399. 8 June, 1872, v. 17, p. 345. 3 March, 1873, T. 17, p. 545. • Who may be Sec. 4878. All soldiers, sailors, or marines, dying in the service of the bnriedin national United States, or dying in a destitute condition, after having been hon- ««innotom<.o orably discharged from the service, or who served during the late war, either in the regular or volunteer forces, may be buried in any national cemetery free of cost. The production of the honorable disohajrge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. 17 July, 1862, a. 18, v. 12, p.' 596. 1 June, 1872, v. 17, p. 202. 3 March, 1873, v. 17, p. 605. HYDEOGEAPHIC OFFICE. cemeteries. See. 431. Establishment of office. 432. Maps, charts, &c. 433. Money received from sale. 686. Poreign hydrographic surveys. Sec. ■ ■ 3692. Proceeds of sales of stores, to surveying expeditions. Charts, how sold. Civil employees. Title 10. Sec. 431. There shallbe a Hydrographic Office attached to the Bureau Hydrographic"^ ^^^^S^*'°^' '° *^® Navy Department, for the improvement of the " means for navigating safely the vessels of the Navy and of the mer- cantile marine, by providing, under the authority of the Secretary of the BTavy, accurate and cheap nautical charts, sailing directions, navi- gators, and manuals of instructions for the use of all vessels of the United States, and for the benefit and use of navigator^ generally. 21 June, 1866, s. 1, v. 14, p. 69. Sec. 4352. The Secretary of the Navy is authorized to cause to be pre- pared, at the Hydrographic Office attached to the Bureau of Navigation in the Navy Department, maps, charts, and nautical books relatmg to and required in navigation, and to publish and furnish them to naviga- tors a,t the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. Ibid., s. 2. Office. Maps, &c. charts, - Sec. 433. All moneys which may be received from the sale of maps, ftom sales ^oi charts, and*Qautical books shall be returned by the Secretary of the Money received From sales of ' ■ Navy into the Treasury of the United States, to'be used in the" further preparation and publication of maps, charts, navigators, sailing direc- tions, and instructions for the use of seamen, to be sold at the rates as set forth in the preceding section. Ibid., a. 3. Title 41. Sec. 3686. All appropriations made for the preparation or publication Foreign hydro "^ foreign hydrographic sufveys shall only be applicable to their object, graphic surveys' upon the approval by the Secretary of the Navy, after a report from three ■ competent naval officers, to the effect that the original data for proposed charts aresuchastojustifytheirpublication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys. ^ 21 Feb., 1861, s. 7, v. 12, p. 150. Proceeds of oer- Sec. 3692. All moneys received from • • • ♦ sale of materials, materialf' ' stores, or supplies to any exploring or surveying expedition authorized by law, shall respectivelv revert to that appropriation out of which. ■ 1 . * An act approved Feb- 3, 1879, chap. 44, provides for headstones for soldiers graves in private cemeteries. T. 20, p. 281. LINE OFFICEES OF THE NAVY. 45 they were originally expended, and shall be applied to the purposes for which they are appropriated by law. 8 May, 1872, s. 5, T. 17, p. 83. 3 March, 1847, s. 1, v. 9, p. 171. 20 April, 1866, ss. 1, 2, v. 14, p. 40. 28 July, 1866, a. 25, v. 14, p. 336. 8 Juno, 1872, v. 17, p. 337. All charts hereafter furnished to mariaers or others not in the Gov- ernment service shall be paid for at the cost price of paper and print- ing paid by the Government. 14 Feb., 1879, v. 20, p. 284. 4 May, 1878, v. 20, p. 50. Hydrographic Office : For chief of engraving ahd draughting, two thousand four hundred dollars; two clerks of class two ; one assistant messenger; ^nd one office attendant, four hundred and twenty dollars; CivEepployeeB in all, six thousand three hundred and forty dollars. For draughtsmen, engravers, copyists, copper-plate printers, print- ers' apprentices, and laborers in the Hydrographic Office, thirty-two thousand six hundred and sixty dollars. 3 March, 1883. [Legis^tive appropriation act. J 14, Feb. 1879. Cost price f^r charts. 3 March, 1883. LINE OFFICEES OF THE NAVY. Sec. 1362. 1364. 1365. G-rades of line officers. Change of titles. Number on the active list. Restriction. When exceeded. Selection of rear-admirals daring war. Promotion of rear-admirals during peace. Secretaries to Admiral, &.C. Officers as secretaries and clerks afloat. Sec. 1434. Command of squadrons, flag-officer. 1435. Assignment ofiieutenant-commaDders. 1467. Rank of line officers. 1468. Precedence of commanding officers. 1469. Aid or executive. 1470. Bights of staff officers, senior to aid. 1472. Line officer as chief of a bureau. 1490. Ensigns as steerage officers. Sec. 1362. The active list of the line officers of the Navy of the United Title 15, Chap.;i. States shall be divided into eleven grades, as follows, namely : Grades of line First. Admiral. officers. Second. Vioe-Admiral. Third. Rear-admirals. I*ourth. Commodores. Fifth. Captains. Sixth. Commanders. Seventh. Lieutenant-commanders. Eighth. Lieutenants. , Ninth. Masters. [See act March 3, 1883.] Tenth. Ensigns. Eleventh. Midshipmen. [See act March 3, 1883. ] Provided, That vacancies occurring in the grades of Admiral and Yw?![*\ra1' "to Vice-Admiral shall not be filled by promotion, or in any other manner ; cease. ™ and that when the offices of said grades shall become vacant, the grade itself shall cease to exist. 16 July, 1862, a. 1-, v. 12, p. 583. 21 Dec, 1864, s. 1, v. 13, p. 420. 25 July, 1866, s. 1, v. 14, p. 222. 2 March, 1867, s. 1, v. 14, p. 516. 24 Jan., 1873, v. 17, p. 418. The title of master is hereby changed to that of lieutenants, and the 3 March, 1883. masters now on the list shall constitute a junior grade of, and be com- -z— ^ missioned as, lieutenants, having the same rank and pay as now pro- ter aMniMshS- vided by law for masters, but promotion to and from said grade shall man charged. be by examination as provided by law for promotion to and from the grade of master, and nothing herein contained shall be so construed as to increase the pay now allowed by law to any oflcer in the line or staff; * * the title of viidshipman is hereby changed to that of ensign, and the midshipmen now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for midshipmen, bub promotions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, and nothing herein contained shall be so construed as to increase the 46 LINE OFFICERS OF THE NAVY. pajf now allowed by law to any ofiflcer of said grade or of any officer or relative rank. 3 March, 1883, P. E. L., p. 97. |Navy appropriation act.] Title 15, Chap. 1. Sbc. 1363. There shall be allowed on the active list of the line officers Number on the of til® Navy one Admiral, oae Vioe-Admiral, six rear-admirals, ten corn- active, list, modores, forty-five captains, eighty-five commanders, seventy-four lieu- tenant-commanders, two hundred and fifty lieutenants, seventy-five mas- ters, and seventy-five ensigns. 25 July, 1866, s. 1, v. 14, p. 222. 15 July, 1870, 8S. 9, 10, T. 16, p. 333. 5 Aug., 1882, P. E., p. 286. 5 Aug., 1882. Hereafter only one-half of the vacancies in the various grades in the ~^~T — f — ^^line of the Navy shall be filled by promotion until such grades shall be tion in ttie'une. reduced to the following numbers [as in sec. 1363], and thereafter pro- I ' motions to all vacancies shall be made but not to increase either of said grades above the the number aforesaid. 5 Aug., 1882, P. E., p. 286. Title.15, Chap. 1. gj.^, i;j(34_ xhe provisions of the foregoing section [1363 and August 5, When ex- 1882] shall not have the effect to vacate the commission of any lieuten- ceeded. ant-commander, lieutenant, jnaster, or ensign appointed according to law, in excess of the respective number therein fixed ; uor to preclude the advancement of any officer to a higher grade, for distinguished con- duct in battle, or for extraordinary heroism, binder the provisions of sections fifteen hundred and six and fifteen hundred and eight. [Pro- motion.] 25 July, 1866, as. 1, 2, v. U, p. 222. 16 July, 1862, 3. 9, V. 12, p. 584. Selection of Skc. 1365. During war rear-admirals shall be selected from those rear-a d m i r a 1 a officers on the active list, not below the grade of commanders, who shall aunng war. have eminently distinguished themselves by courage, skill, and genius in their profession; but no officer shall be so promoted, under this pro- vision, unless, upon recommendation of the President by name, he has received the thanks of Congress for distinguished service. 16 July, 1862, a. 7, T. 12, p. 584. Promotion of Sbc. 1366. During peace, vacancies in the grade of rear-admiral shall rear-admiral a ^^ filled by regular promotion from the list of commodores, subject to unng peace. examination according to la'w. [See Promotion; also act Aug. 5, 1882, ante.'^ 16 July, 1862, a. 7, v. 12, p. 584 Secretariea to Sbo. 1367. The Admiral and Vice-Admiral shall each be allowed a seo- ^^ ™.'r ^}- ?°^ retary, who shaU be entitled to the rank and allowances of a lieutenant Vice-Admiral. jq the Navy. [See post] 21 Dec, 1864, s. 2, v. 13, p. 420. 16 May, 1866, v. 14, p. 48. 25 July, 1S66, 3. 6, v. 14, p. 223. 2 March, 1867, a. 1, v. 14, p.' 516. 4 May, 1878. On and after the first day of July, eighteen hundred and seventy-eight, ~r^ 7~: 77 there shall be no appointments made from civil life of secretaries or clerks AdmTr "f^and*" ^''^6 Admiral or Vice-Admiral, when on sea service, commanders of Vice- Admiral on squadrons, or of clerks to commanders of vessels; andanofficernot above «ea aervioe. the grade of lieutenant shall be detailed to perform the duties of secre- tary to the Admiral or Vice-Admiral, when on sea service, and one not above the grade of master* to perform the duties of clerk to a rear-ad- miral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat. » * * 4 May, 1878, v. 20, p. 50. Title 15, Chap. 2, Sbc. 1434. The President may select any officer not below the grade Command of °^ commander on the active list of the Navy, and assign Mm to the com- gquadrons. mand of a squadron, with the rank and title of "flag-officer;" and any officer so assigned shall have the same authority and iTeceive the same obedience from the commanders of ships in his squadron, holding com- missions of an older date than his, that he would be entitled to receive if his commission were the oldest. 21 Dec, 1861, a. 4, v. 12, p. 329. * Lieutenant of the junior grade. (March 3, 1883.) ^ MATES. 47 Sec. 1435. Lieutenant-commanders may be assigned to duty as first Lieutenant- lieutenants of naval stations, as navigation and watoli officers on board t°^^imable.*' of vessels of war, and as first lieutenants of vessels not commanded by lieutenant-commanders. 16 July, 1862, s. 3, V. 12, p. 584. 25 July, 1866, B. 5, v. 14, p. 223. Sec. 1467. Line officers shall take rank in each grade according to the Title 15, Chap, i. dates of their commissions. ~Bank! 16 July, 1862, «. 1, v. 12, p. 583. 21 April, 1864, 8. 7, v. 13. p. 54. 24 Jan., 1865, s. 1, v. 13, p. 424. Sec. 1468. Commanding officers of vessels of war and of naval sta- Commanding tions shall take precedence over aU officers placed under their com- and™ tations*^^ ^ mand. 3 Maroh, 1871, =. 12, v, 16, p. 537. Sec. 1469. The Secretary of the Navy may, in his discretion, detail a ^j^ or execu- line officer to act as the aid or executive of the commanding officer of a tive officer, vessel of war or naval station, which officer shall, when not impracti- cable, be next in rank to said commanding officer. Such aid or execu- tive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from tlie commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. 3 March, 1871, =. 12, v. 16, p. 537. Sec. 1470. staff officers, senior to the officers so detailed, shall have Eights of staff- the right to communicate directly with the commanding officer. officers. 3 March, 1871, o. 12, T. 16, p. 537. Sec. 1472.' When the office of Chief of Bureau is filled by a line officer Eelatlye rank below the rank of commodore, said officer shall have the relative rank ^l^rj^u ^ * ° of commodore during the time he holds said office. 3 March, 1871, e. 12, v. 16, p. 537. Sec. 1490. Ensigns shall be steerage officers, unless assigned to duty jjnaigns a» as watch and division officers. ' eteerage officers. 15 July, 1870, a. 10, v. 16, p. 334. Pay op Line Ofeicers. [See under Pay of the Navy.] Promotion. [See under that head.] Ketirembnt. [See under that head.] MATES. See. ' I Sec. 1408. Seamen may be rated as mates. 1556. Pay of mates. 1409. Eating shaU not discharge from enlistment. | Sec. 1408. Mates may be rated, under authority of the Secretary of Title 15, Chap. 1. the Navy, from seamen and ordinary seamen who have enlisted in the geamen may be naval service for not less than two years. rated as matM. 17 May, 1864, e. 3, v. 13, p. 79. 3 March, 1865, s. 3, v. 13, p. 539. , Sec. 1409. The rating of an enlisted man as a mate, or his appoint- Eating shall ment as a warrant officer, shaU not discharge him from his enlistment. fto^^ni'^tSieSt* Idem. Sec. 1556. * * * Mates, when at sea, nine hundred dollars ; on Title 16, Chap. 8. shore "duty, seven hundred doUars ; on leave, or waiting orders, five pay of mates hundred dollars. IS July, 1870, s. 3, v. 16, p. 330. BTOTE.— See Op. XI, p. 251, June 20, 1865, defining the statue of mates and a«t- ing master's mates, ^t warranted offloers 48 MEDICAL COEPS. MEDICAL COEPS. Sec. 436. Chief of Bureau. 1388. Medical Corps, number of. 1S69. Appointments in, how made. 1370. Appointment of assistant surgeons. 1371. Appointment of surgeons. 1372. Rank of assistant surgeon in case of delayed examination. 1373. Surgeon of the fleet. 1374. Duties of surgeon of the fleet. Sec. ^ 1375. Details of medical officers to Bureau of Medi- cine and Surgery. 1411. Acting assistant surgeons. 1471. Kank and title of chief of Bureau. 1473. Bank when retired. 1474. Bank of medical olficers. 1481. Betired from age or length of service, rank. 1556. Pay. Title 10. Sec. 426. The chief of the Bureau of Medicine and Surgery shall be ChiefofBureau. appointed from the list of the surgeons of the Navy. ' 5 July, 1862, a. 1, v. 12, p. 510. Title 15, Chap. 1. Sec. 1368. The active list of the Medical Corps of the Navy shall con- eist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, number of "^^^^ ^^^ ninety assistant and passed assistant surgeons. 3 March, 1871, s. 5, v. 16, p. 535. 5 Aug., 1882, P. E. L., p. 285. Appointments Sbc. 1369. All appointments in the Medical Corps shall he made by in, how made, ^im President, by and with the advice and consent of the Senate. 21 April, 1806, s. 3, v. 2, p. 390. 16 April, 1814, s. 5, V. 3, p. 125. 24 May, 1828, s. 3, t. 4, p. 313. Appointment Sbc. 1370. No person shall be appointed assistant surgeon until he of assistant sur- has been examined and approved by a board of naval surgeons, desig- geons. nated by the Secretary of the Navy ; nor v\rho is under twenty-one or over twenty-six years of age. 24 May, 1828, s. 1, v. 4, p. 313. 3 March, 1871, a. 5, v. 16, p. 536. Appointm ent Sec. 1371. No person shall be appointed surgeon until he has served of surgeons. as an assistant surgeon at least two years, on board a public vessel of the United States at sea, nor until he has been examined and approved for such appointment, by a board of naval surgeons, designated by the Secretary of the Navy. 24 May. 1828, 3. 1, v. 4, p. 313. Note. — The custom and practice of the Ifavy Department requiring competi- tive examination of assistant surgeons and assigning them positions on the IS&yf Kegister, in the order of relative merit as ascertained and reported by the board of examiners authorized by existing law and regulations, is not, under the pre8ei\t law, correct. Having passed the neeessary examination for promotion, the claim of * * * to be promoted according to seniority is, in my opinion, well founded. — Op. Feb. 25, 1881, Ames case ; Gen. order 282. Bank of assist- Sec. 1372. When any assistant surgeon was absent from the United ant surgeons in States, on duty, at the time when others of his date were examined, he oxamination^^^^-'^^^^' if no* rejected at a subsequent examination, be entitled to the same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he shall reti^in his original position on the register. 3 March, 1835, s. 1, v. 4, p. 757. Surgeon of the Sj;c. 1373. The President may designate among the surgeons in the service, and appoint to every fleet or squadron an experienced and in- telligent surgeon, who shall be denominated " surgeon of the fleet," and shall be surgeon of the flag-ship. 24 May, 1828, o. 2, v. 4, p. 313. Duties of sur- Seo. 1374. The surgeon of the fleet shall, in addition to his duties as geon of the fleet, gurgeon of the flag-ship, examine and approve all requisitions for med- ical and hospital stores for the squadron or fleet, and inspect their quality. He shall, in difficult cases, consult with the surgeons of the several ships, and he shall make, and transmit to the Navy Department, records of the character and treatment of diseases in the squadron or fleet. 24 May, 1828, a. 2, v. 4, p. 313. MEDICAL COHPS. 49 Sec. 1375. A. surgeon, assistant surgeon, or passed assistant surgeon, Detail of medi- may be detailed as assistant to the Bureau of Medicine and Surgery, ^Ljfj'^^^fw" who shall receive the highest shore-pay of his grade. assMiant. 16 July, 1862, a. 18, v. 12, p. 587. 27 Feb., 1877, v. 19, p. 244. Note.— By the act of 27 Feb , 1877, aeotion 1375 was to have the same effect aa though the amendment (in italics) had been enacted therein. Sec. 1411. The Secretary of the Navy may appoint, for temporary Acting aasist- s^rvice, such acting assistant surgeons as the exigencies of the service *°' surgeona. may req[uire, in case of war only, who shall receive the oomjiensation of assistant surgeons, 15 July, 1870, 3. 13, v. 16, p. 334. 3 March, 1865, a. 6, v. 13, p. 639. 15 Feb., 1879, 3..2, v. 20, p. 295. Sec. 1471. The chief of the Bureau of Medicine and Surgery * * * Title 15, Chap, l. shall have the relative rank of commodore while holding said position, Eankandtitleof and shall have * * » the title of Surgeon-General. * » » chief of Bureau. 3 March, 1871, a. 12, v. 16, p. 537. Sec. 1473. Officers who have beeu or who shall be retired from the Eetired from position of chief of the Bureau of Medicine and Surgery, * * » ijy poaition of chief reason of age or length of service, shall have the relative rank of com- Bureau. modore. Jdem, Sec. 1474. Officers of the Medical Corps on the active list of the Navy Eelativerank ot shall have relative rank as follows : medical ofScera. Medical directors, the relative rank of captain. Medical inspectors, the relative rank of commander. Surgeons, the relative rank of lieutenant-commander or lieutenant. Passed assistant surgeons, the relative rank of lieutenant oi master.* A-Ssistant surgeons, the relative rank of master* or ensign. 3 March, 1871, a; 5, v. 16, p. 535. Sec. 1481. Officers of the Medical * * * Corps * * * who Hetired for age shall have served faithfully for forty-five years, shall, when retired, or length of aerv- have the relative rank of commodore ; and * * * who have been '''®- or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. 3,March, 1871, a. U, v. 16, p. 537. Title 15. Chap. 8 . Sec. 1556. Fleet-surgeons, » * * *■ four thousand four hundred Pay of fleet dollars. Suiaeona. Medical directors, medical inspectors, » * * , when on duty at org and inapect- sea, four thousand four hundred dollars. ora. When not at sea, the same as surgeons and paymasters, respectively. Snrgeona. Surgeons,' * * * ^ during the first five years after date of commis- sion, whan at sea, two thousand eight hundred dollars ; on shore duty, two thousand four hundred dollars ; on leave, or waiting orders, two thousand dollars ; during the second five years after such date, when at sea, three thousand two hundred dollars ; on shore duty, two thousand eight hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; daring the third five years after such date, when at sea, three thousan d fi ve hundred dollars ; on shore duty, three thousand two hundred dollars ; on leave, or waiting orders, two thousand six hun- dred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars ; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, 'four thousand two hundred dollars; on shore duty, four thousand dollars; on leaver or waiting orders, three thousand dollars. Passed assistant surgeons, * * * , during the first five years after Passed asaiat- date of appointment, when at sea, two thousand dollars ; on shore duty, antsurgeoua. one thousand eight hundred dollars ; on leave, or waiting orders, one thousand five hundred dollars; after five ^ears from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand seven hundred dol- lars. Note. The words "after date of appointment," and "from auch date," sec. 1556, fixing the annual pay of paased assistant surgeons of the Navy, refer not to the original entry of the ofilcer into the service as an assistant surgeon, but to " Lieutenant of the junior grade. (Act of March 3, 1883.) 11181 4 -50 NAUTICAL ALMANAC NAVAL ACADEMY — NAVAL CADETS. the notification by the Secretary of theKavy that hehaepaBsedhis exaiDination for promotion to the grade of surgeon, and wiW thereafter, until such promo- tion, be considered as a passed assistant surgeon. A passed assistant surgeoncy is an office, and the notification of the Secretary of the Navy is a yalid appoint- ment to it. — United States v. Moore, Otto, 95, 7B0. Assistant sur- Assistant surgeons, " * * , during the first five years after date geons. of appointment, when at sea, one thousand seven hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or -waiting orders, one thousand dollars; after five years from such date, vrhen at sea, one thousand nine hundred dollars; on shore duty, one thoasaud six hundred dollars; on leave, or waiting orders, one thousand two hun- dred dollars. Assistant sur- Assistant surgeons of three years' service, who have been found qual- geons qualified ifie^ foj. promotion by a medical board of examiners, the pay of passed lor promotion, assistant surgeons. 16 July, 1870, s. 3, t. 16, pp. 330, 331. 3 March, 1871, ss. 6, 6, v. 16, pp. 535,636. 3 March, 1873, s. 1, v. 17, p. 656. NAUTICAL ALMANAC. Sec. , 436. Superintendent, pay of. — Printing and sale. IS ec. Civil employes. pay Title 10. Sec. 436. The Secretary of the Navy may place the supervision of S nerindendent *^® Nautical Almanac in charge of any officer or professor of mathe- ptre^ef. ' matics in the Navy who is competent for that service. Such officer or professor, when so employed, shall be entitled to receive the shore-duty pay of his grade, and no other. 3 March, 1867, 3, v. 11, p. 246. 11 Feb., 1880. That there shall be printed annually at the Grovernment Printing; ~p . . . 7 , Office fifteen hundred copies of the American Ephemeris and Nautical sale^f.™^ " Almanac and of the papers supplementary thereto, of ^hich one hun- dred shall be for the use of the Senate, four hundred for the House of ' Bepresentatives, and one thousand for the public service, to be dis- tributed by the Navy Department. Sec. 2. That additional copies of the Ephemeris and of the Nautical Almanac extracted therefrom may be ordered by the Secretary of the Navy for sale: Provided, That all moneys received from such sale shall , be deposited in the Treasury to the credit of the appropriation for pub- lic printing. 11 Feb., 1880, T. 21, p. 301. 3 March, 1883. Nautical Almanac Office : For the following assistants, namely : Three ^. ., j — 7~, at one thousand six hundred dollars each; two at one thousand four IT emp oy e- jj^udred dollars each ; three at one thousand two hundred dollars each ;. two at one thousand dollars each ; one assistant messenger ; and one. copyist, at four hundred and eighty dollars; in aU, fourteen thousand four hundred dollars. For pay of computers on piece-work in preparing for publication the American Ephemeris and Nautical Almanac, and improving the Tables, of the Planets, eight thousand six hundred dollars. 3 March, 1883, P. B., L., p. 534. [Legislative act. J NAVAL ACADEMY— NAVAL CADETS. Sec. 1483. Kank of graduates of the Academy. 1611. Where established. 1512. Title of students. 1613. Number of naval cadet*. 1514. Nomination of candidates. 1515. Examination of candidates. 1616. Second recommendation. 1617. Qualifications. Traveling expenses. 1618. Appropriations, how apj^lied. 1519. Naval cadets found deficient. 1520. Academic course. Sec. 1521. Promotion to midshipmen. 1522. Naval constructors and steam engineers. Special course. 1526. Studies not to be pursued on Sunday. 1527. Store-keeper at the Academy. 1528. Professors of ethics, Spanish, and drawia^ 1566. Pay of cadets, &c. 1677. Rations. — ^ Prevention of hazing. Board of Visitors. Pay of civil officers. NAVAL ACADEMY KAVAL CADETS. 51' Sec. 1483. Graduates of the Naval Academy shall take rank accord- Title J6, Chap. 4. ing to their proficiency as shown by their order of merit at the date of ~ ■ graduation. Eank of era4ii- 23 May, 1872, ». 1, v. 17, p. 163. A^lA^mj. ^"^"^ Note.— The positions given the midshipmen oh their final examination (sec- tirais 1483 and 1521) cannot be disturbed. See Ops. XI, p. 168: XV, p. 637: XVI, p. 296; Court of Claims, X, p. 474; Op. Aug. 12,1881. • i i" . Sec. 1511. The Naval Academy shall he established at Annapolis, in Title JS, Chap. 5. the State of Maryland. 21 May, 1864, s. 4, v. 13, p. ,85. lisS*"'* *''*''" Sec. 1512. [Supersededhyactof Augu8t5, 1882, asfoUows:] Provided, ■,'^\*'^^ "^ s*"- That hereafter there shall be no appointments of cadet midshipmen ^ or cadet-engineers at the Naval Academy, but in lieu thereof naval ca- dets shall be appointed from each Congressional district and at large, as now provided by law for cadet-midshipmen, and all the undergrad- uates at the Naval Academy shall hereafter be designated and calltd ' ' naval cadets ; " and from those who successfully complete the six years' course appointments shall hereafter be made as it is necessary to fill vacancies in the lower grades of the line a,nd Engineer Corps of the Navy and of the Marine Corps: And provided further, That no greater number of appointments into the.se grades shall be made each year than shall equal the "number of vacancies which has occurred in the same grades during the preceding year; such appointments to be made from the graduates of the year, at the conclusion of their six years' course, in the order of merit, as determined by the academic board of the Naval Acad- emy; the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the academic board. But nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty-two. And if there be a surplus of gradu- ates, those who do not receive such appointment shall be given a cer- tificate of graduation, an honorable discharge, and one year's sea-pay, as now provided by law for cadet-midshipmen; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsist- ent, here with is hereby repealed. That any cadet whose position in his class entitles him to be retained * in the servicei may, upon his own appllcaition, be honorably discharged at the ead of four years' course at the Naval Academy, with a proper certificate of graduation. i 5 Aug., 1882, P. E. L., p. 285. Sec. 1513. '1 'here shall be allowed, at said Academy one naval cadet Number oi na for every Member or Delegate of the House of Representatives, one for "*"«*»■ the District of Columbia, and ten appointed annually at large : Pro- vided, however, That there shall not be at any time more in said Academy appointed at large than ten. 2 March, 1867, s. 8, t. 14, p. 517. 17 June, 1878, v. 20, p. 143. > 15 July, 1870, 8. 12, V. 16, p. 334. 5 Aug., 1882, P, E., p. 285.' ; Note. — A joint resolution, approved July 25, 1868, v. 15, p. 261, authorizes the Secretary of the Navy to receive for instruction at the Naval Academy, not exceeding six persons, to be designated by the government of the empire of Japan, provided that no expense shall thereby accrue to the United States ; and that the Secretary of the Navy may, in the case of the said persons, modify or dispense with any provisions of the rules and regolations of the said Acad- emy wiiich circumstances may, in his opinion, render necessary or desirable. Sec. 1514. The Secretary of the Navy shall, as soon after the 5th of Nomination of March in each year as possible, notify, in writing, each' Membef and candidates. Delegate of the House of Representatives of any vacancy that may exist in hie district. The nomination of a candidate to fill said vacancy shall be made upon the recommendation of the Member or Delegate, if such recommendation is made by the first day of July of that year; but if it is not made by that time, the Secretary of the Navy shall fill the vacancy. The candidate allowed for' the District of ^Columbia and all the candi- dates appointed at large shall be selected by the President. , 16 July, 1862, s. 11, v. 12, p. 585. 8ec. 1515. All candidates for admission into the Academy shall be Examinationof examined according to such regulations and at such' stated times as the candidates. Secretary of the Navy may prescribe. Candidates rejected at such examination shall not have the privilege of another examination for 52 NAVAL ACADEMY — NAVAL CADETS. ailmission to the same class, unless recommended by the board ot examiners. 16 July, 1862, o. 11, v. 12, p. 585. 17 April, 1866, d. 5, v. 14, p. 38. Note.— Section 1515 ia to be read as if the dates fixed by the regulations of the Academy for the examination of candidates for admission were inserted th'erein ; and hence by the existing law the season for recommendations and nominations of naval cadets begins after the 5th of March and expires on the 22d of September in each year —Op. XVI, p. 621. This opinion was given in the case of a member whose candidates, sent down in June, and September failed, ■ and he wLshed to send another in January following. It was held that no nomination could be made until after the 5th of March. Second recom- Smc. 1516. When any candidate who has been nominated upon the anendation. recommendation of a Member or Delegate of the House of Eepresenta- tives is found, upon examination, to be physically or mentally disquali- fied for admission, the Member or Delegate shall be notified to recom- mend another candidate, who shall be examined according to the pro- visions of the preceding section. 16 July, 1862, 8. 11, v. 12, p. 585. 17 July, 1866, a. 5, v. U, p. 38. Qualiflcations. Sec. 1517. Candidates allowed for congressional districts, for Terri- tories, and for the District of Columbia must be actual residents of the , districts or Territories, respectively, from which they are nominated. And all candidates must, at the time of their examination for admission, be between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution. 14 July, 1862, 3. 9. v. 12, p. 565. 16 July, 1862, s. 11, v. 12, p. 585. 1 April, 1864, s. 2, v. 13, p. 39. Note. — A candidate under fourteen or over eighteen years of age is not between the two ages, and cannot be appointed.— Op. 10, p. 315, July 29, 1^62. For •further discussion of the subject of appointments see Op. 10, pp. 46, 495. Op. 16, p. 621. [The naval appropriation act of March 3, 1883, provides for the act- ual and necessary traveling expenses of naval cadets while proceed- ing from their homes to the Naval Academy for examination and ap- pointment as naval cadets. Such expenses are not allowed to those not appointed. ] Appropriations,^ Sec. 1518. No money appropriated for the support of the Naval Acad- faow applied. ^emy shall be applied to the support of any naval cadet appointed other- wise than in strict conformance with the provisions of this chapter. 21 May, 1864, s. 1, v. 13, p. 84. , 5 Aug., 1882, P.. E. L., p. 285. Cadet-midship- Skc. 1519. Naval cadets towad deficient at any examination shall not Sent '^® continued at the Academy or in the service unless upon the recom- mendation of the academic board. 16 July, 1862, s. 11, V. 12, p. 585. 5 Aug., 1882, P. E. L., p. 285. Notes.— Under section 1519 the Secretary of the Navy has no right to con- tinue at the Academy cadets found at any examination deficient in their studies^ without the recommendation of the Academic Board. — Op. XT, p. 634. By statutory definition, cadets are not to be included, in general, in legislation confined to "oiBcers" of the Navy.— Jdem. Cadets, after the four years* course, are not entirely emancipated from pro- bationary study ; they are students at sea.— Op. XVI, p. 296. Academic Sec. 1520. The academic course of naval oadeta shall be six years. ^■*""^^''' 3 March, 1873, s. 1, v. 17, p. 555. , 5 Aug., 1882, P. E. L., p. 285. Note —Under the act of July 4, 18p4, s. 5, v. 13, p. 393, the academic course of cadet engineers was two years, and by the act of 3 March, 1873, s. 1, v. 17, p. 555, the course of instruction was made four years, including " two years of service in naval steamers, in addition to the period at the Naval Academy now pro- vided by law." An act approved Feb. 24, 1874, s. 2, v. 18, p. 17, provided that after the 30 th of June, 1874, the course of instruction at the Naval Academy for cadet engineers should be four years, instead of two, the provision to first apply to the class of cadet engineers entering the Academy in the year 1874, and to all subsequent classes. TPi'omotiou to Sec. 1521. When cadet midshipmen shall have passed successfully uuasmpmen. ^^^ graduating examination at the Academy, they shall receive ap"- pointments as midshipmen and shall take rank according to their pro- ficiency as shown by the order of their merit at date of graduation. [See sec. 1512, and note under sec. 1483.] 15 July, 1870, s. 12, v. 16, p. 334. Note.— This section has been entirely altered by the act of August 5, 1882, as given in section 1512, above, and the act of March 3, 1883, under Line Officees changing the title of midshipman to that of ensign. ' Coustru tors Sec. 1522. The Secretary of the Navy is authorized to make provision, lleers^*^"'"^''^' ^^ regulations issued by him, for educating at the Naval Academy, as naval constructors or steam engineers, such midshipmen and ethers as may show a peculiar aptitude therefor. He may, for this purpose, form NAVAL ACADEMY-^NAVAL CADETS. 53 a separate class at the Academy, to be styled cadet engineers, or other- wise afford to such persons all proper facilities for such a scientific me- chanical education as will fit them for said professions. 4 July, 1864, s. 1, T. 13, p. 393. Note. — WMle so much of this section as authorized the formation of a class to be styled cadet engineers is, in effect, repealed hy the act of August 5, 1882, sec. 1512, an^., there still seems to be authority left to educate at the Acad- ,' emy persons for constructors, at least. — See, in this connection, next paragraph. That the Secretary of the Navy may prescribe a special course of .> Aug., 1882; • study arid training at home or abroad for any naval cadet. ^ „ , . , •^ ° ' ^ Special course. 5 Aug., .1882, P. E. L., p. 285. N,OTE. — The deficiency act approved March -3, 1883, dppropriates nine hun- dred dollars for tuition of two naval cadets at the Soyal JN aval College, Green- wich, and the naval appropriation act approved March 3, 1883, contains an item under Contingent Navy "for cost of special instruction abroad." Sec. 1526. The Secretary of the Navy shall arrange the course of TitlelS, Cbap.<4. studies and the order of recitations at the Naval Academy so that the TT^ TT" students in said institution shall not be required to pursue their studies i, g pu',!f„e^" .^ a on Sunday. Sunday. 15 July, 1870, 6. 21, v. 16, p. 319. Sue. 1527. The store-keeper at the Naval Academy shall be detailed ^^^tme^ke^er at.. from the Paymaster's Corps, and shall have authority, with the ap- proval of the Secretary of ^he Navy, to procure clothing and other necessaries for the naval cadets in the same manner as supplies are fur- nished to the Navy, to be issued under such regulations as may be pre- scribed by the Secretary of the Navy. 2 March, 1867, s. 4, v. ] 4, p. 516. 5 Aug., 1862, P. B. L. , p. 285. Sec. 1528. Three professors of mathematics shall be assigned toduty , ^™f«8pors of at the Naval Academy, one as professor of ethics and En^ish studies, and draw?nT ' eneasprofessorof theSpanishlanguage, audone as professor of drawing. 21 May, 1864, s. 3, v. 13, p. 85. Note. — The three professors of mathematics for duty at the Naval Academy (ethics and English, Spanish, and drawing), should 1)0 commissioned as profes- sors of mathematics, under this section, after passing the examination required by act of January 21, 1681.— Op. May 18, 1881, McVeagh. Sec. 1556. * * Cadet midsipmen, five hundred dollars. Daring such Titl e 15, Chap. 8. period of their course of instruclion as they shall he at sea in other than p^ ^^ cadet- praetice-ships, not exceeding nine hundred and fifty dollars. midshipmen. 15 Jul,y, 1870, s. 3, v. 16, D. 330. 3 March, 1877, v. 19, p. 390. 16 July, 1862, s. 15, V. 12", p. ^86. That the pay of naval cadets shall be that now allowed by law to 5, Aug., 1682. cadet midshipmen. PayofnavaUa- 5 Aug., 1882, P. E. L., J). 285. a,.ts". Note. — Cadet engineers who complete the six years' course, pass success- fully, and are subsequently commissioned assistant engineers, to nil vacancies, are entitled to the pay of the latter grade from the date they take rank therein, when subsequent to the vacancies tney are appointed to fill. The words '* any officer of the Navy," act June 22, 1874, chap. 392, sec. 1, comprehend cadet en- gineers. They are officers within the. meaning of sections 1557 and 1558, and of a class subject to. examination, sec. 1562. The signification of the word "offi- cer," art. 36, sec. 1624, as given in Op. 15, p. 635, has reference to 'the sense in which thai word is used in said article,' between which and the statutory pro- visions herein cited there is no connection. — Op. April 10, 1882, Brewster. Sec. 1577. Midshipmen and naval cadets.in the Navy shall be entitled Title 15, Chap .S. to one ration, or to commutation therefor. Rations. ■ 28 July, 1866, s. 8, v. 14, p. 322. 28 Feb. , 1867, s. 2, v. 14, p. 416. 5 Aug., 1882, P. E., p. 285, Note.— Although the title of midshipman has been abolished or merged in that of ensign, constituting a junior grade thereof, the latter continue entitled to a ration. In all oases when it shall come to the knowledge of the superintend- 23 June, m4. entof the Naval Academy, at Annapolis, that any naval cadet has been Hazins at Nsi- guilty of the oifense commonly known as hazing, it shall be the duty of .,^1 Academy, said superintendent to order a court-martial, composed of pot less than three commissioned officers, who shall minutely examine into all the offenders to be> foots and circumstances of the case and make a finding thereon ; and any oonrt-maiti^a- naval cadet found guilty of said offense by said court shall, upon recom- 54 NAVAL CONSTRUCTORS. 14 Feb., 1879. Board of itors. Vis Cadet f u n d mendation of said court 1)6 dismissed ; and such finding, wlien approved na'S*" ^" '^'^by said superintendent, sliall be final ; and the cadet so dismissed from To be forever said Naval Academy .shall be forever ineligible to reappointment to said ineligi|)le to ro- Naval Academy, appointment. 23 Jane, 1874, v. 18, p. 203. 5 Aug., 1882, 8. 1, P. E. L., p. 285. IfOTES. — Finding approved by tlie superintendent final. Secretary of the Navy no po wer to review it— lie( can only proceed to execute the sentence. Taft, Beale's case, Nov. 20. 1876 [not printed]. Designed to cut off a cadet found guiltj of the offense, and sentence approved by superintendent, from all chance of remstatement or reappointment. Must seek relief from Congress. Advises against pardon. — Op. 15. March 15 1876, p. 80. w"hen-foimd guilty of hazing, the court must recomynend dismissal, instead of sentencing to be dismissed. — Cases of Garrett aiid others, sentences set aside by Secretary of the Navy, June 9, 1877, O. L. B., p. 8. Art. 36, sec. 1624, does not exteild to cadets at the Naval Academy. They may be dismissed for misconduct without (trial by court-martial. For hazing they must be tried.— Op. 15, p. 634, July 10, 1877. There shall be appointed every year, in the following manner, a Board of Visitors, to attend the annual examination of the Academy: Seven persons shall be appointed by the President, and two Senators and three Members of the House of Representatives shall be designated as visitors by the Vice-President or President pro tempore of the Senate and the Speaker of the House of Representatives, respectively, at the session of Congress next preceding such examination. Each member of said board shall receive not exceeding eight cents per mile traveled by the most direct route from his residence to Annapolis, _and eight cents per mile for each mile from said place to his residence on returning. 14 Feb., 1879, v. 20, p. 284. [Act of March 3, 1883, appropriated $1,500 for the expenses of the board.] 3 March, 1883. For pay of professors and others : For two professors, namely, one of „. .. : ~ mathematics aud one of chemistry, at two thousand five hundred dol- and'the^'pay.'' ' ^^^^ each; three professors (assistants), namely, one of physios, one of Spanish, and one of English studies, history, and law, at two thousand two hundred dollars each; six assistant professors, namely, four of French, one of English studies, history, and laws, and one of drawing, at one thousand eight hundred dollars each ; swordmaster, at one thou- sand five hundred dollars, and two assistants, at one thousand dollars each ; boxing-master and gymnast, at one thousand two hundred dol- lars ; assistant librarian, at one thousand four hundred dollars ; sec- retary of the Naval Academy, one thousand eight hundred dollars ; three clerks to superintendent, at one thousand two hundred dollars, one thousand dollars, and eight hundred dollars, respectively ; one clerk to commandant of cadets, one thousand two hundred dollars ; one clerk to paymaster, one thousand dollars; one dentist, one thousand six hundred dollars. * ♦ » 3 Uarcb, 1883, P. E. L., p. 478. [Naval appropriation act.] ISTAVAL CONSTEUCTOES. Sec. 425. Chief of Bureau. 1402. Number and appointment. 1404. Duty. 1471. Chief Constructor. Sec. 1477. Bank. 1481. Kank on retirement. 1522. Education of, at Academy. 1556. Pay. Title 10. Sec. 42n. The Chief of the Bureau of Construction and Repair shall Chief of Bureau ^® appointed from the list of officers of the Navy, not below the grade ■ of commander, and shall be a skillful naval constructor. [Sec. 1471.] 5 July, 1862, 3. 1, v. 12, p. 510. Note. — See sec. 1481, as to the rank of constructors when retired from ago or length of service. Title 15, Chap. 1 . Sec. 1403. The President, by and with the advice and consent of the Number, ap- Senate, may appoint naval constructors, who shall have rank and pay pointment'of, &o. as officers of the Navy. 25 July, 1866, s. 7, v. 14, p. 223. 3 March, 1871, s. 9, v. 16, p. 536. Duty. Sec. 1404. Naval constructors may be required to perform duty at any navy-yard or other station. 3 March, 1845, s. 2, v. 5, p. 704. ASSISTANT NAVAL CONSTRUCTORS. 55 Skc. 1471. The Chief of the Bureau of * " * Construction and Title 15. Ch ap. ♦. Repair shall have the relative rank of commodore while holding said chief Conatniov. position, and shall have the title • * of Chief Constructor. tor. 3 March, 1871, a. 12, r. 16, p. 537. Sec. 1477. Of the naval constructors, two shall have the relative rank Eanlc. of captain, three of commander, and all others that ot lieutenant- com- mander or lieutenant. * * » 3 March, 1871, a. 9, v. 16, p. 536. Sec. 1481. * • « Constructors who shall have served faithfully for Hank on retire- forty-five years, shall, when retired, have the relative ra^k of commo- ™6°*- dore ; and * • » yrho have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, ^hall, on the completion of forty years fi-om their entry into the service, have the relative rank of com- modore. 3 March, 1871, a. 11, v. 16, p. 537. Sec. 1522. The Secretary of the Navy is authorized to make previa- Title 15, Chap. 5. ion, by regulations issued by him, for educating at the Naval Academy, j,, .. , as naval constructors » * • such naval cadets and others as may jfaval Academy show a peculiar aptitude therefor. He may, for this purpose, form a separate class at the academy, * * * or otherwise afford to such persons all proper facilities for such a scientific mechanical education as will fit them for said profession. [See notes under sec. 1522, p. 53.] 4 July, 1864, a. 1, v. 13, p. 393. 5 Ang., 1882, P. E. L. , p. 285. . Sec. 1556. » » * Naval constructors, during the first five years after Title 15, Chap. 8, date of appointment, when on duty, three thousand two hundred dollars ; „ on leave, or waiting orders, two thousand two hundred dollars; during the second five years alter such date, when on duty, three thousand four hundred dollars ; on leave, or waiting orders, two thousand four hun- dred dollars ; during the third five years after such date, when on duty, three thousand seven hundred dollars ; on leave, or waiting orders, two thousand seven hundred dollars ; during the fourth five yeajrs after such date, when on duty, four thousand dollars ; on leave, or waiting orders, three thousand dollars ; after twenty years from such date, when on duty, four thousand two hundred dollars ; on leave, or waiting orders, three thousand two hundred dollars. 15 Jtdy, 1870, a. 3, v. 16, p. 331. ASSISTANT NAVAL CONSTRUCTORS. See. I Sec. 1403. Appointment of. 1556. Pay. 1477. Bank. 1 Sec. 1403. Cadet-engineers who are graduated with credit in the sci- Title 15, Chap, i. «ntific and mechanical class of the Naval Academy may, upon the reoom- jj^ajigtant naval meadation of the academic board, be immediately appointed as assist- constructors, ant naval constructors. [See J 1522, Naval Constructors.! 4 July, 1864, a. 2, v. 13, p. 393. Sec. 1477. * * * Assiatapt naval constructors shall have the rela- tive rank of lieutenant or master.* Bank. 3 March, 1871, a. 9, v. 16, p. 536. Sec. 1556. * * * Assistant naval constructors, during the first Title 15, Chap. 8. four'years after date of appointment, when on duty, two thousand dol- p^^- lars;'on leave, or waiting orders, one thousand five hundred dollars; during the second four years after such date, when on duty, two thou- sand two hundred dollars ; on le.ave, or waiting orders, one thousand seven hundred dollars ; after eight years from slich date, when on duty, two thousand six hundred doflars; on leave, or waiting orders, oiie thousand nine hundred dollars. , 15 July, 1870, a.3,v. 16,p.331. *Li0utenant of the junior grade. 66 NAVAL OBSEEVATOEY — NAVAL STOEE-KEEPEKS. FAVAL OBSEEVATOEY. Sec. 434. Pay of superintendent. 435. MeriAian'B ado^ated. 1401. Professors' duties. Title 10. Sec. Assistant astronomers and clerk. ■ Purchase of new site. Sec. 434. The officer of tlie Navy employed as Buperintendent of the p f ■ "Naval Observatory at Washington shall be en titled to receive the shore tendent. ^°^'"" duty pay of his grade, and no other. 3 March, 1865, v. 13, p. 533. Meridians. Sec. 435. The meridian of the Observatory at Washington shall be adopted and used as the AmericqiP meridian for all astronomical pur- pjoses, and the meridian of Greenwich shall be adopted for all nautical purposes. 28 Sept., 1860, s. 1, v. 9, p. 515. Title 15, rhap. 1 Sec. 1401. Professors of mathematics shall perform such duties as "tTtt " ., may be assi'gned them by order of the Secretary of the Navy, at the fessors^" ^™' ' * * Naval Observatory. ' » * S^Aug., 1848, 8. 12, V. 9, p. 272. Assistantastron- Naval Observatory: For pay of three assistant astronomers, four omers and clerk, thousand nine hundred dollars ;' one clerk of class four ; one instrument- maker, fifteen hundred dollars; four watchmen, including one for new Naval Observatory grounds; two skilled laborers, one at one thousand doDars, and one at seven hundred and twenty dollars ; and seven labor- ers ; in all, seventeen thousand four hundred and twenty dollars. 3 March, 1883, P. E. L., p. 554. [Under an act approved Febnary 14, 1880, v. 21, p. 65, a commission was appointed by whom a site was selected and purchased for a new Ob- servatory. The sum of f75,000 was appropriated.] NAVAL STOEE-KEEPBES. Sec. 1413. Storekeepers at nav^-yards. 1414. Store-keepers on foreign stations. 1415. Store-keeper's bond. 1438. OfBoers to act as store-keepers on foreign stations. Sec. 1439. Bonds of. 1527. Store-keeper at the Academy. 1567. Oflficers serving as store-keepers on foreign stations. 1568. Civilians, store-keepers on foreign stations. Title 15, Chap. 1. Sec. 1413. The President, by and with the advice and consent of the Store-keepers Senate, may appoint • * * a naval store-keeper at each of the navy- at navy-yards, yards where such officers may be necessary. 2 March, 1867, s. 1, v. 14, p. 490. 17 June, 1868, s. 1, v. 15 p. 69. Store-keepers gj,Q_ 1414. The Secretary of the Navy may appoint citizens who aro tions. ™'^ ° ^ ^°^ officers of the Navy to be store-keepers on foreign stations, when suitable officers of the Navy cannot be ordered on such service, or when, in his opinion, the public interest will be thereby promoted. [Sec. 1568. ] 17 June, 1844, s. 1, v. 6, p. 7O0. 3 March, 1847, s. 3, v. 9, p. 172. bond™* *''*^'* Sec. 1415. Every person who is appointed store-keeper under th6 provisions of the preceding section shall be required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faith- ful performance of his duty. Title 15, Chap. 2. Sec. 1438. The Secretary of the Navy shall order a suitable commis- OfBcers to apt gjonpd or warrant officer of the Navy, except in the case provided in on- ¥orei"m*K section fourteen hundred and fourteen, to take charge of the naval tions. stores for foreign squadrons at each of the foreign stations where such stores may be deposited, and where a store- keeper may be necessary [See §1567.] lAem. NAVY-YAEDS AND STATIONS. 57 Sec. 1439. Every officer so acting aB store-keeper on a foreign station , Bonds of. shall be required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. 17 June, 1844, s. 1, v, 5, p. 700. Sec. 1527. The store-keeper at the Naval Academy shall be detailed Title 16, Chap. 6. from the Paymasters' Corps, and shall have authority, with the approval -j; — : : of the Secretary of the Navy, to procure clothing and other necessaries theA™ademT for the naval cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulations as may be prescribed by the Secretary of the Navy. 2 March, 1867, s. 4, v. 14, p. 516. 5 Aug., 1882, P. B. L., p. 285. Secl 1567. Officers who are ordered to take charge of naval stores for, Title 15, Chap. 8, foreign Squadrons, in the place of naval store-keepers, shall be entitled pav of oflioers to receive, while so employed, the shore-duty pay of their grades; andgerving as store- when the same is less than fifteen hundred dollars a year, they may be keepers on for- allowed compensation, including such shore-duty pay, at a rate not ex- e'S" stations. ceeding fifteen hunilred dollars a year. ' 17 June, 1844, o. 1, v. 5, p. 700. Sec. 1568. Civilians appointed as store-keepers on foreign stations Pay of oivil- shall receive compensation for such services, at a rate not exceeding ia"s, store-keep- , fifteen hundred dollars a year. «.'^?. »" foreign 17 June, 1844, a. 1, v. 5. p. 700. 3 March, 1847, o. 3, v. 9, p. [172. NAVY-YAEDS AND STATIONS. stations. Sec. 355. Title to land to be purchaaed. 1413. Civil engineers and storekeepers. 141§. Civil officers at yards inay be discontinued. 1542. Commandants of navy-yards. 1543. Master workmen. 1544. Laborers, how selected. 1545. Salaries ; per diem compensation. 1546. Eeqniring contributions for political pur- poses at navy -yards. 1838. Land purchased for yards. 3728. Tuel for navy .yards. 3736. No land to be purchased without authority of law. See. 3738. Eight hours a day's labor. Kates of wages. 5385. Arson in navv-yards, &c. 5386. Same. 5387. Arson of vessels of war. Prohibition on increasing force. Wet dock at Norfolk. Navy-yard commission.' ' Coaling station. Port Koyal. EHtablishment of Government foundry. Training station. Coaster's Harbor Island. Closing the yards. Sbc. 355. No public money shall be expended upon any site or land Title 8. purchased by the United States for the purposes of erecting thereon any Title to land to armory, arsenal, fort, fortification, navy-yard, onstom-house, light-house, be purchased by or other public building, of any kind whatever, until the written opinion the United of the Attorney-General shall be had in favor of the validity of the title, States. nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys ' of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney- General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments re- ^ speetively. [See sec. 1838.] llSep't, 1841, V. 6, p. 468. Sec. 1413. The President, by and with the advice and consent of the Title 15, Chap. 1. Senate, may appoint a civil engineer and a naval store-keeper at each ciyii eneineers of the navy-yards where such officers may be necessary. [See 1415, ^^ storf-keep- NaVAL StoKE-KBEPEKS. ] . ers at navy-yards % March, 1867, s. 1, v. 14, p. 490- 17 June, 1868, s. 1, v. 15, p. 69. Sec. 1416. The Secretary of the Navy is authorized, when in his Discontlnua- opinion the public interest will permit it, to discontinue the office or *^ "' "•'''" '>™" employment of any measurer and inspector of timber, clerk of the yard, clerk of the commandant, clerk of the store-keeper, clerk of the naval constructor, and the kee{>er of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. 10 Aug., 1846, s. 1, V. 9, p. 98. 58 NAVY-YARDS AND STATIONS. Title 15, Chap. 6. Sec. 1542. The President may select tlie commandants of the several Selection ij^ 'i^'^y •y^'^'^s from officers not below the grade of commander. -coiDiiiandants. 2 Aug., 1861, v. 12, p. 285. 5 July, 1B62, 3. 2, v. 12, p. 510. Sfleotion of Skc. 1.543. The persons employed at the several navy-yards to super- ma.'iter w o r k- ju^end the mechanieal departments, and heretofore known as master """"• mechanics, master carpenters, masterjoiners, master blacksmiths, master boiler-makers, master sail-makers, master plumbers, master painters, mastercalkerSjmastermasons, master boat-builders, master spar-makers, master block-makers, master laborers, and the superintendents of rope- walks shall be men skilled in their several duties and appointed from civil life, and shall not be appointed from the officers of the Navy. 17 June, 1868, s. 1, v. 15, p. 69. Selection of Sbc. 1544. Laborers shall be employed in the several navy-yards by laborers. the proper officers in charge with reference to skill and efficiency, and without regard to other considerations. 23' May, 1872, s. 1, v. 17, p. 146. Salaries; per gnc. 1545. Salaries shall not be paid to any employes in any of the d^em compensa- navy-yards, except those who are designated in the estimates. AH other persons shall receive a per diem compensation for the time during which they may be actually employed. ^ 14 July, 1862, s. 1, T. 12, p. 564. Note.— By the acta of July 28, 1870, E. S. D. C, s. 902, and January 31, 1879, v. 20, p. 277, tne first day of January, the twenty-second day of February, ifoe fourth day of July, the twent;ytifth day of December, and any day appointed or recommended "by the President of the United States aa a day of fast or thanksgiving, shall be holidays in the District of Columbia. Political con- Sec. 1546. No officer or employ^ of the Government shall require or tributions. request any working man in any navy-yard to contribute or pay any money for political purposes, nor shall any working man be removed or discharged for political opinion ; and any officer or employ^ of the Government who shall offend against the provisions of this section shall be dismissed from the service of the United States. [See under Ex. Departments, act Jan. 16, 1883, Part III. ] 2 March, 1867, s. 3, v. 14, p. 492. Title 22. Sbc. 1838. The President of the United States is authorized to pro- AesentofState ""''^ ^^^ assent of the legislature of any State, within which any pnr- to purchase o f ohase of land has been made for the erection of forts, magazines, arse- lanife for forts, nals, dock-yards, and other needful buildings, without such consent &<^- having been obtained. 28 April, 1828, s. 2, v. 4, p. 264. Tltle43. Sec. 3728. * * " InpurchasingfuelfortheNavy, orfornavalstations P^gj_ and yards, the Secretary of the Navy shall have power to discriminate and purchase, in such manner as he may deem proper, that kind of fuel which is best adapted to the purpose for which it is to be used. 28 Sept., 1850, 8. 1, V. 9, p. 513. Eeltriction on Sec. 3736. No land shall be purchased on account of the United purchase of land, gt^tes, except under a law authorizing such purchase. 1 May, 182B, ». 7, v. 3, p. 568. Eight honrs a Skc. 3738. Eight hours shall constitute a day's work for all laborers, day's labor. workmen, and mechanics who may be employed ijy or on behalf of the Government of the. United States. [See this section under Contracts, Part I, and 5 3689, under AppROPRiATipsrs, Part III. ] 25 June, 1868, v. 15, p. 77. 16 July, 1862. That the hours of labor and the rate of wages of the employes in the ■ J, — navy-yards shall conform, as nearlij- as is consistent with the public and^hours ™^£^ interest, with those of private estabUshments in the immediate vicinity bor. of the respective yards, to be determined by the commandants of the navy-yards, subject to the approval and revision of the Secretary of the Navy. 12 Deo., 1861, s. 8, t. 12, p. 330. 8 JlUy. 1862, v. 12, p. 587. Note.— This act is omitted from the Eevised Statutes, but has been always recognized as governing the rates of wages, also the hours of labor until the passage of the eight-hour law. NAVY-YARDS AND STATIONS. 59 Sec. &385, Every person wlio, within any fort, dock-yard, navy-yard, TItleTO.Ohap. 3. arsenal, armory, or magazine, the site -whereof is under the jurisdiction ^a„n of dwell- of the United States, or on the site of any light-house, or other needful mg-liouae within building belonging to the United States, the site whereof is under their a fort, &c. jurisdiction, willfully and maliciously burns any dwelling-house, or man8ion-hou.se, or any store, barn, stable, or other building, parcel of any dwelling or mansion-house, shall suffer death. 3 March, 1825, a. 1, v. 4, p. 115. Sec. 5386. Every person who, in any of the places mentioned in the Arson of a™»- preceding section, maliciously sets fire to, or burns, any arsenal, armory, ^' '"'^^'^^^< '^<'- magazine, rope- walk, ship-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwplling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, oanles, rigging, or other materials for building, repairing, or fit- ting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. Idem, a. 2. Sec. 5387. Every person who maliciously sets on fire, or burns, or Arson of vessel otherwise destroys, any vessel of war of the United States, afloat on the of war. high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particulai State, shall suffer death. Idem, a. 11, p. 117. No increase of the force at any navy-yard shall be made at any time 30 June, 1876. within sixty days next before any election to take place for President ™*«- 3 March, 1863, s. 5, v. 12,p..818. Sec. 1.3§9. It shall jnot be lawful for any paymaster, passed assistant Loans to offl- paymaster, or assistant paymaster, to advance or loan, under any pre- ^^^^ ^7 paymas- tense whatever, to any officer in the naval service, any sum of money, ™" public or private, or any credit, or any article or commodity whatever. 26 Aug., 1842, s. 6, V. 5, p. 536. 22 June, 1860, s. 3, v. 12, p. 83. Sec. 1432. No commanding officer of any vessel of the Navy shall be Title 15, Chap. 2. required to perform the duties of a paymaster, passed assistant pay- ~z ~. ma8ter,or assistant paymaster. " offlMreTo'tto'Ll 17 July, 1861, 8. 4, v. 12, p. 258. as paymasters. Sec. 1471. The Chief of the Bureau of * * Provisions and Cloth- Title 15, Chap. 4- ing * * shall have the relative rank of commodore while , holding ^ — r said position, and shall have the title of * * paymaster-general. *" ' 3 March, 1871, s. 12, v. 16, p. 537. Sec. 1475. Officers of the Pay Corps on the active list of the Navy shall have relative rank as follows : Pay directors, the relative' rank of captain. ' Pay inspectors, the relative rank of commander. Paymasters, the relative rank of lienteuant-oommander or lieutenant. , Passed assistant paymasters, the relative rank of lieutenant or master.* Assistant paymasters, the relative raak of master* or ensign. 3 March, 1 871, s. 6, v. 16, p. 536 . Sec. 1461. Officers of the * * Pay Corps * * who shall have served faithfully for forty-five years, shall, when retired, have the rela- tive rank of Commodore; * * and who have been or who shall be retired at the age of sixty-two years before having served for foi-ty- five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry ^into the service^ have the relative rank of Commodore. 3 March, 1871, s. 11, v. 16, p. 25C ' JAe'uien.mt oj the jUnior gi ade. 64 PAY CORPS. THle 15, Chsp. 5. Sec. 1527. The store-keeper at the Naval Academy shall be detailed ~^T — ~. ; from the Paymaster's Corps, and shall have authority, with the ap- theacademyf proval of the Secretary of the Navy, to procure clothing and other necessaries for the naval cadets in the same manner as supplies are fur- nished to the Navy, to be issued under such regulation as may be pre- scribed by the Secretary of the Navy. 2 March, 1867, s. 4, v. 14, p. 516. 5 Aug., 1882, P. B. L., p. 285. Title 15, ChBp. 8. Sec. 1556. * * * Fleet paymasters, " * « four thousand four '^ 1 «..+ hundred dollars. P a v of 11 e e t paymksters. 15 July, 1870. s. 3, v. 16, p. 330. Pay directors * * * Pay directors and pay inspectors, <* ' » when on duty and inspectors, at sea, four thousand four hundred dollars. When not at sea, the same as * * paymasters. 15 July, 1870, 8. 3, V. 16, p. 331. 3 March, 1871, 38. 5, 6, v. 16, pp. 535, 536. 3 March, 1873, s. 1, v. 17, p. 555. Paymasters. » * » Paymasters, during the first five years after date of commis- sion, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars ; on leaVe, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three tliousand two hundred dollars ; on shore duty, two thousand eight hundred dollars ; on leave, or waiting orders, two thousand four hundred dollars ; during the third five years after such date, when at sea, three thousand five hundred dollars ;' onshore duty, three thousand two hundred dollars ; on leave, or waiting orders, two thousand six hun- dred dollars ; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars ; on leave, or waiting orders, two thousand eight hundred dollars ; after twenty years from such date, when at sea, four thousaiid two hundred dollars ; on shore duty, four thousand dollars ; on leave, or waiting orders, three thousand dollars. Passed assist- « * * Passed assistant paymasters, * * * during the first five ant paymasters, years after date of appointment, when at sea, two thousand dollars; on shore duty, one thousand eight hundred dollars ; on leave, or waiting orders, one thousand five hundred dollars ; after five years from such date, when at sea, two thousand two hundred dollars ; on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand seven hundred dollars. Assistant pay- » » » Assistant paymasters, * » * during the first five years masters. after date of appointment, when at sea, one thousand seven hundred dollars ; on shore duty, one thousand four hundred dollars ; on leave, or waiting orders, one thousand dollars ; after five years from such date, when at sea, one thousand nine hundred dollars ; on shore duty, one thousand six hundred dollars ; on leave, or waiting orders, one thou- sand two hundred dollars. 15 July, 1870, s. 3, v. 16, p. 330 . Purson ^"^^^S Sec. 1564. Any person performing the duties of paymaster, acting as- when ^o'fflce va^ sistant paymaster, or assistant paymaster, in a ship at ^ea, or on a, for- cant in ship a t eigu station, or on the Pacific coast of the United States, by appoint- sea. ment of the senior officer present, in case of vacancy of such office, iu accordance with the provisions of section thirteen hundred and eighty- one, and not otherwise, shall be entitled to receive the pay of snch grade while so acting. 17 July, 1861, 3. 4, v. 12, p. 258. PAY AND ALLOWANCES. 65 PAY AND ALLOWANCES. PAY (active, retired, and furlough) ; EXTEA PAY ; ALLOWANCES ; TRAVELING EXPENSES. PAY, ACTIVB AND RETIRED. Sec. 1569. Of enlisted men. 1570. Additional to firemen, Sen, 1572. Additional for detention. 1573. Bounty pay for re-enllsting. 1574. When vessels are wrecked. 1575. "When taken by an enemy. 1576. Assignment of pay. 1588. Of retired officers. 1589. Of certain rear-admirals, retired. 1590. Third assistant engineers, retired. 1591. Ketlred pay not mcreased by promotion. 1592. Retired othcers on active duty. 1593. Betlred ofUcers on furlough. 4688. Allowances on Coast Survey. Title IS, Chap, g. Greneral mle. The Admiral. Vloe-Admlral. Bear-admirals. Commodores. Captains. Commanders. Sec. 1556. Pay of officers on active list. 1557. Parlongh pay. 1558. Ko additional allowances except as herein specified. 1559. Volunteer service. 1560. Commencement of pay, original entry. 1561. Commencement of pay of promoted officers. 1562. In cases of delayed examination. Commencement of. 1564. Acting aspaymaater. 1565. Chiefs of Bureaus. 1567. Officers serving as store-keepers on foreign stations. 1568- Civllianftstore-keepers on foreign stations. Sbc. 1556. The commissioned officers and ■warrant officers on the active list of the Navy of the United States, and the petty officers, seamen, or- dinary seamen, firemen, coal-heavers, and employes in the Navy, shall be entitled to receive annual pay at the rates herein stated after their respective designations : The Admiral, thirteen thonBand dollars. The Vioe-Admiral, when at sea, nine thousand dollars ; on shore duty, eight thousand dollars ; on leave, or waiting orders, six thousand dol- lars. Rear-admirals, when at sea, six thousand dollars ; on shore duty, five thousand dollars; on leave, or waiting orders, four thousand dollars. Commodores, when at sea, five thousand dollars ; on shore duty, four thousand dollars ; on leave, or waiting orders, three thousand dollars. Captains, when at sea, four thousand five hundred dollars ; on shore <3|ity, three thousand five hundred dollars ; on leave, or waiting orders, two thousand eight hundred dollars. Commanders, when at sea, three thousand five hundred dollars ; on shore duty, three thousand dollars ; on leave, or waiting orders, two thousand three hundred dollars. Lieutenant-commanders, during the first four years after date of com- mission, when at sea, two thousand eight hundred dollars j on shore duty, two thousand four hundred dollars ; on leave, or waiting orders, two thousand dollars ; after four years from such date, when at sea, ^l^ee thousand dollars ; on shore duty, two thousand six hundred dol- Vft ; on leave, or waiting orders, two thousand two hundred dollars, ^jieutenauts, during the first five years after date of commission, when at sea, two thousand four hundred dollars ; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars ; after five years from such date, when at sea, two thousand six hundred dollars; onshore duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars. Lieutenants, imior grade, the pay of masters. Masters, during the first five years after date of commission, when at sea, one thousand eight hundred dollars ; on shore duty, one thousand five hundred dollars ; on leave, or waiting orders, one thousand two hundred dollars ; after five years from such date, when at sea, two thousand dollars: on shore duty, one thousand seven hundred dollars ; on leave, or waiting orders, one thousand four hundred dollars. Ensigns, during the first five years after date of commission, when at sea, one thousand two hundred doUars ; on shore duty, one thousand dollars ; on leave, or waiting orders, eight hundred dollars ; after five years from such date, when at sea, one thousand four hundred dollars ; (3n shore duty, one thousand two hundred dollars ; on leave, or wait- ing orders, one thousand dollars. Ensigns, junior grade, the pay of mid- shipmen. Midshipmen, after graduation, when at sea, one thousand dollars ; on shore duty, eight hundred dollars ; on leave, or waiting orders, six hundred dollars. [Grade abolished.] 15 July, 1870, s. 3, V. 16, p. 330. 20 Feb., 1874, v. 18, p. 17-^ 3 March, 1883, P. E. L., p. 472. 11181 5 Lieutenant- commanders. Lieutenants. Masters. {Grade abol- iahed.J Ensigns. Midshipmen. 66 PAT AND ALLOWANCES. Cadet-midsMp- ,Cadet midshipmen fuaval cadets], five hundred dollars ; during suck men. period of their course of instrucUon as they shall be at sea in other than practice ships, sliall each receive as annual pay not exceeding nfne hundred and fifty dollars. 15 July, 1870, s. 3, V. 16, p. 330. 3 March, 1877, v. 19, p. 390. 6 Aug., 1882, P. E. L., p. 284. Cadet-en gi- Cadet engineers, before final academic examination, five hundred neers. dollars; after final academic examination, and until warranted as as- sistant engineers, when on duty at sea, one thousand dollars; on shore duty, eight hundred dollars ; on leave, or waiting orders, six hundred dollars. [Now styled Naval Cadets.] 4 July, 1864, s. 5, v. 13, p. 393. 3 March, 1865, 8. 1, v. 13, p. 539. 15 July, 1870, s. 3, V. 16, p. 330-332. Note.— The act of 5 Aug., 1882, P. E. L., p. 284, changing the title of all stu- dents at the Academy to naval cadets, gives them the pay cadet midshipmen were then receiving. Mates. Mates, when at sea, nine hundred dollars ; on shore duty, seven hun- dred dollars; on leave, or waiting orders, five hundred dollars. 15 July, 1870, a. 3, v. 16, p. 330. * ' Fleet ofacers. Fleet-surgeons, fleet-paymasters, and fleet-engineers, four thousand four hundred dollars. 15 Jbly, 1870, s. 3, v. 16, p. 330. Medical direct- ors and inspect- Medical directors, medical inspectors, pay directors, and pay inspect- ors, pay direct- oj.g^ g^^([ chief engineer, having the same rant as pay director and ors andc?f5*en-P^yi"^P®''*°''> when on duty at sea, four thousand four hundred dollars, gin'eer, of same When not at sea, the same as surgeons and paymasters, respectively, rant, &c. 15 j^iy^ igyo, s. 3, v. 16, p. 331. 3 March, 1871, ss. 5, 6, v. 16, p. 535- 3 March, 1873, s. 1, v. 17, p. 555. Surgeons, pay- Surgeons, paymasters, and chief engineers who have the same rank Silef engmeers. with paymasters, during the first five years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thou- sand dollars; during the second five years after such date, when at seaj| three thousand two hundred dollars ; on shore duty, two thousand eight hundred dollars ; on leave, or waiting orders, two thousand four hun- dred dollars ; during the third five years after such date, when at sea, three thousand five hundred dollars ; on shore duty, three thousand two hundred dollars ; on leave, or waiting orders, two thousand six hundred dollars ; during the fourth five years after such date, when at sea, three thousand seven hundred dollars ; on shore duty, three thousand six hundred dollars ; on leave, or waiting orders, two thousand eight hun- dred dollars ; after twenty years from such date, when at sea, foi|fei thousand two hundred dollars; onshore duty, four thousand dollaiA^l' on leave, or waiting orders, three thousand dollars Passed assist- Passed assistant surgeons, passed assistant paymasters, and passed ant 8 urg eons, assistant engineers, during the first five years after date of appointment, enSneers™' when at sea, two thousand dollars ; on shore duty, one thousand eight ' hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars ; on shore duty, two thousand dollars ; on leave or wait- ing orders, one thousand seven hundred dollars. 15 July, 1870, 8. 3, v. 16, p. 330. 24 Feh., 1874, a. 1, v. 18, p. 17. Assistant sur- Assistant surgeons, assistant paymasters, and assistant engineers, geons, paymas- during the first five years after date of appointment, when at sea, one neers. ™^ thousand seven hundred dollars; on shore duty, one thousand fonr hun- dred dollars; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dol- lars; on shore duty, 6ne thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. 15 July, 1870, o. 3, T. 16, p. 330. 24 Feb., 1874, s. 1, v. 18, p. 17. Assistant sur- Assistant surgeons of three years' service, who have heeu found qual- geons qualified jflg^ fQj. promotion by a medical board of examiners, the pav of nassed ror promotion, assistant surgeons. 3 March, 1871, s. 5, v. 16, p. 535. Na^yal con- N^aval constructors, duriu" the first five years after date of appoint- Btruc ors. nient, when on duty, three thousand two hundred dollars ; on leave, or PAY AND ALLOWANCES. 67 waiting orders, two thousand two hundred dollars ; during the second five years after such date, when on duty, three thousand four hundred dollars ; on leave, or waiting orders, two thousand four hundred dol- lars; during the third five years after such date, when on duty, three thousand seven hundred dollars; on leave, or waiting orders, two thousand seven hundred dollars; during the fourth five years after such date, when on duty, four thousand dollars ; on leave, or waiting orders, three thousand dollars ; after twenty years from such date, when on duty, four thousand two hundred dollars ; on leave, or waiting orders, three thousand two hundred dollars. Assistant naval constructors, during the first four years after date of Asaistant naval' appointment, when on duty, two thousand dollars ; on leave, or wait- conatruotors. ing orders, one thousand five hundred dollars ; during the second four years after such date, when on duty, two thousand two hundred dollars ; on leave, or waiting orders, one thousand sQven hundred dollars ; after eight years from such date, when on duty, two thousand six hundred dollars ; on leave, or waiting orders, one thousand nine hundred dollars. 15 Jnly, 1870, s. 3, v. 16, p. 331. Chaplains, during the first five years after date of commission, when Chaplains, at sea, two thousand five hundred dollars ; on shore duty, two thousand dollars ; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand eight hun- dred dollars ; on shore duty, two thousand three hundred dollars ; on leave, or waiting orders, one thousand nine hundred dollars. 15 July, 1870, a. 3, v. 16, p. 331. Professors of mathematics and civil engineers, during the first five Profeasora ot years after date of appointment, when on duty, two thousand four mathematica and hundred dollars ; on leave, or waiting orders, one thousand five huu- ""'^ engineera. dred dollars ; during the second five years after such date, when on duty, two thousand seven hundred dollars ; on leave, or waiting orders, one thousand eight hundred dollars ; during the third five years after such date, when on duty, three thousand dollars; on leave, or waiting orders, two thousand one hundred dollars ; after fifteen years from such date, when on duty, three thousand five Ixundred dollars ; on leave, or waiting orders, two thousand six hundred dollars. 15 July, 1870, 8. 3, v. 16, p. 331. Boatswains, gunners, carpenters, and sail-makers, during the first Warrant offi- three years after date of appointment, when at sea, one thousand two cers. hundred^ dollars; on shore duty, nine hundred dollars; on leave, or ^°*J^^*'"^' waiting orders, seven hundred dollars ; during the second three years ^ra, sail'-ma^rs! after such date, when at sea, one thousand three hundred dollars ; on ' shore duty, one thousand dollars ; on leave, or waiting orders, eight hundred dollars ; during the third three years after such date, when at sea, one thousand. four hundred dollars; on shore duty, one thousand three hundred dollars ; on leave, or waiting orders, nine hundred dol- lars ; during the fourth three years after such date, when at sea, one thousand six hundred dollars ; on shore duty, one thousand three hun- dred dollars ; on leave, or waiting orders, one thousand dollars ; after twelve years from such date, when at sea, one thousand eight hundred dollars ; on shore duty, one thousand six hundred dollars ; on leave, or waiting orders, one thousand two hundred dollars. 15 Jnly, 1870, s. 3, v. 16, p. 332. Secretaries to the Admiral and the Vice-Admiral, each two thousand Secretaries. five hundred dollars. Secretary of the Naval Academy, one thousand eight hundred dol- 15 July, 1 870, 8. 3, T. 16, p. 332. First clerks to commandants of navy-yards, one thousand five hun- Clerks to oom- dred dollars. " * "d* "" d ° te^ Second clerks to commandants of navy-yards, one thousand two hun- |i*„g ^ dred dollars. Clerk to commandant of navy-yard at Mare Island^ one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. 68 PAY AND ALLOWANCES. Clerks to pay- Clerks to paymasters at navy-yards, Boston, New York, Philadelphia, masters, j^jj^ Washington, one thousand six hundred dollars; Kittery, Norfolk, and Pensacola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. » Clerks to paymasters of receiving-ships at Boston, New York, aijid Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars ; of other receiving-ships, one thousand three hundred dollars. Clerks to paymasters on vessels of the iirst rate, one thousand three hundred dollars; on vessels of the second rate, one thousand one hun- dred dollars; on vessels of the third rate, and supply-vessels and store- ships, one thousand dollars. Clerks to fleet paymasters, one thousand one hundred dollars. Clerks to paymasters at the Naval Academy and Naval Asylum, one thousand three hundred dollars. Clerks to in- Clerks to inspectors in charge of provisions and clothing, at navy- speotors. yards, Boston, New York, Philadelphia, and Washington, one thousand six hundred dollars; to inspectors in like charge at other inspections, one thousand three hundred dollars. 15 July, 1870, n. 3, v. 16, p. 332. J'urlougli payj gj.^ 1557^ Officers on furlough shall receive only one-half of the pay to which they would have been entitled if on leave of absence. [See § 1593.] 3 March, 1835, s. 1, v. 4, p. 756. 3 March, 1845, s. 6, v. 5, p- 794. 1 June, 1860, s. 4, t. 12, p. 27. ■allowances ex- Sbc. 1558. The pay prescribed in the two preceding sections shall be cept as ierein the full and entire compensation of the several officers therein named, specified. and no additional allowance shall be made in favor of any of said officers on any account whatever, except as hereinafter provided. [See § 4688. ] 15 July, 1870, s. 4, t. 16, p. 332. _^Tolunteerserv- gjj(j_ j^55g_ -yy-jien a volunteer naval service is authorized by law, the officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. 16 July, 1862, s. 20, v. 12, p. 587. ment^rf" pay ^^'^- ^^^0. The pay of an officer of the Navy, upon his original entry -.original entry, i^ito the service, except where he is required to give an official bond, shall commence upon the date of his acceptance of his appointment ; but where he is required to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority. 15 July,1.1870, a. 7, v. 16, p. 333. ■ment°of'p^''of ^^'^' 1^61. When an officer is promoted in course to fill a vacancy, promotedoffl- s-nd is in the performance of the dutfes of the higher grade from the cers. date he is to take rank, he may be allowed the increased pay from such date. ISeepost, June 22, 1874.] 15 July, 1870, 3. 7, V. 16, p. 333. 5 June, 1872, ». 1, v. 17, p. 226. In case of de- Sec. 1.562. If an officer of a class subject to examination before pro- tion. ''^*™™^" motion shall be absent on duty, and by reason of such absence, or of other cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterward be examined and found qualified , the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so required by law or regulation ; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. [See 22 June, 1874, post.'^ 15 July, 1870, 3. 7, t. 16, p. 333. 22 June, 1874. That on aud after the passage of this act, any officer of the Navy who Commence- ™^y ^® promoted in course to fill a vacancy in the next higher grade ment of pay on shall be entitled to the pay of the grade to which promoted from the promotion. date he takes rank therein, if it be subsequent to the vacancy he is appointed to fill. * * » [ See notes under Promotion. ] 22 June, 1874, v. 18, p. 191. PAY AND ALLOWANCES. 69 Sec. 1564. Any person performing the duties of paymaster, acting as- Title IB. Chap. 8. sistant paymaster, or assistant paymaster, in a ship at sea, or on a for- Person acting eign station, or on the Pacific coast of the United States, by appoint- as paymaster, ment of the senior ofSoer present, in case of vacancy of such office, in w n en office va- aceordance with the provisions of section thirteen hundred and eighty- <""»* ™ ship at one, and not otherwise, shall be entitled to receive the pay of such grade '^*' while so acting. [See J 1381, under Pay Corps.] 17 July, 1861, 3. 4, v. 12, p. 258. Sbc. 1565. The pay of chiefs of Bureaus in the Navy Department Cliiefs of Bu- shall be the highest pay of the grade to which they belong, but not '^®*'^^- below that of commodore. 3 March, 1871, o. 12, v. 16, p. 537. Sec. 1567. Officers who are orderd to take charge of naval stores for Offioersserving foreign squadrons, in the place of naval storekeepers, shall be entitled ^^ forefen s^^a- to receive, while so employed, the shore-duty pay of their grades; andtions. when the same is less than fifteen hundred dollars a year, tliey may be allowed compensation, including such shore-duty pay, at a rate not ex- ceeding fifteen hundred dollars a year, 17 June, 1844, ». 1, v. 5, p. 700. Sec. 1568. Civilians appointed as storekeepers on foreign stations shal , Civilians store- receive compensation for such services, at a rate not exceeding fifteen eim'Stions. " hundred dollars a year. 17 June, 1844, o. 1, .. 5, p. 700. 3 March, 1847, s. 3, v. 9, p. 172. Sec. 1569. The pay to be allowed to petty officers, excepting mates Pay of enlisted and the pay and bounty upon enlistment of seamen, ordinary seamen' '°®°' firemen, and coal-heavers, in the naval service, shall be fixed by the President : Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and for the said bounties upon enlistments shall not exceed; for any one year, the amount which may, in such year, be appropriated for such purposes. 18 A pril, 1814, 8. 1, v. 3, p. 136. 3 March, 1847, s. 4, v. 9, p. 173. 1 July, 1864, 8. 4, v. 13, p. 342. 3 March, 1865, s. 2, v. 13, p. 539. Sec. 1570. Every seaman, ordinary seaman, or landsman who performs Additional pay the duty of a fireman or coal-heaver on board of any vessel of war shall ^enfg^™f coal* be enti|iled to receive, in addition to his compensation as seaman, ordi- heavers, nary seaman, or landsman, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or ooal-heaver. 1 March, 1869, 8. 2, v. 15, p. 280. Sec. 1572. All petty officers and persons of inferior ratings who are Detention be- detained beyond the terms of service, according to the provisions of yond term of en- section fourteen hundred and twenty-two, or who, after the termination "stment. of their service, voluntarily re-enier, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regu- lar discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an addition of one-fourth of their former pay. [ See § 1422, under Seamen. ] 17 July, 1862, s. 17, v. 12, p. 610. Sec. 1573. If any seaman, ordinary seaman, landsman, fireman, coal- Bounty-pay for heaver, or boy, being honorably discharged, shall re-enlist for three '^^"®'''^s''°S- years, within three months thereafter, he shall, on presenting his hon- orable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service, 2 March, 1855, s. 2, v. 10, p. 627. 7 June, 1864, v. 13, p. 120. Sec. 1574. When the crew of any vessel of the United States are ^^^Y^ ,"£, separated from such vessel, by means of her wreck, loss, or destruction, 7™ge|g ™ -^ the pay and emoluments of such of the officers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to preserve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. 17 July, 1862, s. 14, v. 12, p. 608. Sec. 1575. The pay and emoluments of the officers and men of any Crews of ves- vessel of the United States taken by an enemy who shall appear, by sels taken by an. the sentence of a court-martial or otherwise, to have done their utmost ^''*™y- 70 FURLOUGH AND FUEL0U6H-PAY. to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. Idem. Assignments of Seo. 1576. Every assignment of wages due to persons enlisted in the wages. naval service, and all powers of attorney, or other authority to draw, receipt for, or transfer the same, shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. 30 June, 1864, 8. 12, v. 13, p. 310. Pay of retired Suc. 1588. The pay of all officers of the Navy who have been retired officers. after forty-five years' service after reaching the age of sixteen years, or who have been or may be retired after forty years' service, upon their own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithfnl service, from wounds or injuries received in the line of duty, or from sickness pr exposure therein, shall, when not on active duty, be equal to seventy-five per centum of the sea-pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time oi their retirement. [See note 1588, Retirement.] 15 Jnly, 1870, b. 5, v. 16, p. 333. 3 March, 1873, s. 1, v. 17, p. 555. Eear-admirals ^^^- ^^^^- Rear-admirals on the retired list of the Navy, who were retired. ' retired as captains when the highest grade in the Navy was captain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. 5 JTnne, 1872, s. 1, v. 17, p. 226. ' 3 March, 1873, s. 1, v. 17, p. 555. Third assistant Sec. 1590. Officers who have been retired as third assistant engineers tSf™^*^ '^^ ' ^^' ^^^11 continue to receive pay at the rate of four hundred dollars a year. 3 March, 1839, s. 2. v. 11, p. 407. 12 April, 1864, s. 7, v. 13, p. 54. 3 Aug., 1861, s. 22, V. 12, p. 290. 15 July, 1870, s. 5, v. 16, p. 333. 16 July, 1862, 8. 20, v. 12, p. 687. Pay not in- ggc. 1591. No officer, heretofore or hereafter promoted upon the re- motton. ''' ^™ tired list, shall, in consequence of such promotion, be entitled to any increase of pay. 15 July, 1870, o. 5, T. 16, p. 333. 2 March, 1867, s. 9, v. 14, p. 517. Pay on active Sec. 1592. Officers on the retired list, when on active duty, shall re- duty, ceive the full pay of their respective grades. 2 March, 1867, s. 9, v. 14, p. 517. 1 June, 1860, a. 5, v. 12, p. 27. Officers retired Sbc. 1593. Officers placed on the retired list, on furlough pay, shall on furlough-pay. receive only one-half of the pay to which they would have been entitled if on leave of absence on the active list. [See § 1594, Furlough.] 3 March, 1835, 8. 1, v. 4, p. 756. 3 Aug., 1861, s. 23, v.12, p. 291. 28 Feh., 1855, s. 2, v. 10, p. 616. 28 July, 1866, s. 2, v. 14, p. 345. 16 Jan., 1857, s. 1, v. 11, p. 154. 30 Jan., 1875,'y. 18, p. 504. Title 56. Sec. 4688. The Secretary of the Treasury may make such allowances "~T7^ ~ ^'0 ^^^ officers and men of the Army and Navy, while employed on Coast subsistence.^ °^ Survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eighteen hundred and forty- four. 12 June, 1858, s. 1, v. 11, p. 319. Note.— Additional allowances for subsistence may be legally made to officers of the Army or Navy while employed on coast survey service. The word pay in section 4684, Coast Survey, Part III, refers to the pay proper of an officer. — Op. XV, p. 283, Bevens, May 23, 1877. EXTRA PAY, EXTRA SALARIES, ETC. 71 FURLOUGH AND FURLOUGH-PAY. Ht5- Jlaoiig on furlough. I 1594. Transfer from furlough to retired pay. 1557. Furlough-pay. j Sbc. 1442. The Secretary of the Navy shall have authority to place Title 16, Chap. 2.' onfarloughany officer on the active list of the Navy. [See note, p. 19.] piling on fur 3 March, 1835, 3. 1, v. 4. p. 756. 3 March, 1845, s. 6, v. 5, p. 794. lough. 28 Feb., 1855, s. 3, v. 10, p. 617. 1 June, 1860, s. 4, v. 12, p. 27. Sbc. 1.557. Officers on furlough shall receive only one-half of the pay Title 15,0ftap, 8. to which they would have been entitled if on leave of absence. Fnrlouah nav" IJune, I860, a. 4, v. 12, p. 27. 3 March, 1845, 3. 6, v. 5, p. 794. 3 March 1835, s. 1, v. 4, p. 756. Sec. 1.594. The President, by and with the advice and consent of the Transfer from Senate, may transfer any officer on the retired list from the furlough furlough to re- to the retired-pay list. *"^* P*y- 16 Jan., 1857, 8. 3, V. 11, p. 154. 16 July, 1862, s. 20. V. 12, p. 587. ^OTB. — When an officer is transferred, as authorized by this section, the causes for hie retirement determine the rate of his pay under section 1588. An officer retired on furlough pay from causes not inoident to the service cannot be transferred to the 75 per cent, pay list. If so transferred by nomination and confirmation, it would not be the duty of the accounting officer to pay him 75 per cent, of sea pay.— Op. XTI, p. 23, Devens, May 29, 1878. [An act approved January 30, 1875, v. 18, p. 304, allows difference of pay to certain officers, or their heirs, who were furloughed under the act of February 28, 1855, and subsequently restored to the active list. J EXTRA PAY, EXTRA SALARIES, ETC. Sec. 170. To clerks prohibited. 1766. Double salaries. 1764. Extra services. 1765. Extra allowances. Sec. 2687. Apportionment of salaries. 3654. Extra compensation for disbursements. Extra compensation forbidden. Sbc. 170. No money shall be paid to any clerk employed in either Title 4^ Department at an annual salary, as compensation for extra services. Extra compeu'- unless expressly authorized by law. satlon to clerks 17 June, 1844, s. 1, v. 5, pp. 681, 687. prohibited. 3 March, 1863, s. 3, v. 10, pp. 209, 211. 28 Feb., 1867, res. 30, s. 2, v. 14, p. 569. Sbc. 1763. No person who holds an office, the salary or annual com- Title 19- pensation attached to which amounts to the sum of two thousand five Double salaries. hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressLy authorized by law. [See 20 June, lS7i, post.-] 31 Aug., 1852, s. 18, V. 10, p. 100. Sec. 1764. No allowance or compensation shall be made to any officer Extra services. or cleri, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department ; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly author- rized by law. 26 Aug., 1842, s. 12, r. 5, p. 525. Sbc. 1765. No officer in any branch of the public service, or any other Extra al low- person whose salary, pay, or emoluments are fixed by law or regulations, anoes. shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other B'Tvice or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such addi- tional pay, extra allowance, or compensation. 3 March, 1839, s. 3, v. 5, p. 349. 23 Aug., 1842, s. 2, v. 5, p. 510. An officer who has been appointed to and is fully invested with two distinct offices may receive the compensation appropriated for each. Sections 1763, 1764, 1765 do not apply to such a case. It is for the appointing power to deter- mine whether the party can properly and fully perform the duties of the two offices.— Op. XVI, 7, May 9, 1878. See also Op. XII, 459, on this subject. Also under ExECUTrVK Depabtuent, Part HI. 72 TRAVELING EXPENSES. Title 34, Chap 2. Sec. 2687. Collectors and all other officers of the customs, serving for Apportionment * ^®®^ period than a year, shal] not be paid for the entire year, but shall of compensation Ibe allowed in no case a greater than a pro rata of the maximum com- foT part of apensation of such officers respectively for the time only which they year 8 Bervice. actually serve as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no col- lector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this section shall be applied and enforced in regard to all officers, agents, and employes of the United States whomsoever, as well those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. 11 Feb., 1846, 8. 1, V. 9, p. 3. 18 July, 1866, a. 34, v. 14, p. 186. Title 40. Sec. 3654. No extra compensation exceeding one-eighth of one per Extra compen- centum shall in any case be allowed or paid to any officer, person, or eation for cTi e - corporation for disbursing moneys appropriated to the construction of bursements. any public building. See 3 March, 1875, jpost. 3 March, 1869, v. 16, p. 312. 3 March, 1875. The provisions of the act of March 3, 1869 [sec. 3654] were inteuded and shall be deemed and held to limit the compensation to be allowed to any disbursing officer who disburses moneys ajjpropriated for and expended in the construction of any public building as aforesaid to three-eighths of one per centum for said services. 3 March, 1875, v. 18, p. 415. June 20, 1874. That no civil officer of the Government shall hereafter receive any Extra compen- compensation or perquisites, directly or indirectly, from the treasury sationtooiviioffl- or property of the United States beyond his salary or compensation cers prohibited, allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered bv their salaries or fees. [See C. C.,XVI, Warden's case, and XV, p. 22.] 20 June, 1874, s. 3, v. IS, p. 85. [Extra Pay to Enlisted PEKS0^fs. See under Seamen.] TRAVELING EXPENSES. Sec. I Sec. Actaal expenses. I — ^ Approval of Secretary required. Mileage. 850. Clerks, cfec. , sent off as -witnesses. 1566. Allowance in foreign countries. I Traveling expenses of naval cadets. 1 6 June, 1874. Only actual traveling expenses shall be allowed to any person holding ^'raveling ex- employment or appointment under the United States, and all allow- penses. anoes for mileages and transportation in excess of the amount actually paid are hereby declared illegal ; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allow- ances in violation of this provision.* 16 June, 1874, s. 1, v. 18, p. 72. [See June 30, 1876.] 30 June, 1876. So much of the act of June 16, 1874 [sitpm] " as is applicable to offi- ■ — - cers of the Navy so engaged, is hereby repealed : cefsrf TeNaw' "^^^ ^^^ s"™ °^ eight cents per mile shall be allowed such officers, '■ while so engaged, in lieu of their actual expenses." [See Aug. 5, 1862.] 30 June, 1876, v. 19, p. 65. Note.— Mileage is allowed to ofBcers of the Navy in lieu of actual expenses by the act of June 30, 1876 (19 Stat. L.. 65). Congress Irnew that naval officers. were required to travel across oceans anB through foreign countries when they passed the above act. The statute pstablisbes one rule — mileage for all travel by naval officers.— C. C, XIV, 377. Affii-med on same grounds by Supreme Court, Otto, 97150. See also Op. XVI, 147, XV, 311, XIV, 590, 681, 683 ; IX, 261, 411, 417 ; XIII, 526, as to traveling expenses, residence, &c. Sec. 1566. » * « And an allowance may be made to officers travel- Title 15, (lhap.8. ing in foreign countries under orders, for expenses of transportation of Allowance to ^^Kgage necessarily incurred. And no officer shall be paid mileage, officers tiaveling except for travel actually performed at his own expense and in obedi- in foreign conn ence to orders. [See Aug. 5, 1882, ^osfc] *"*^- 3 March, 1835, s. 2, v. 4, p. 757. 17 July, 1862, s. 7, v. 12. p. 595. 15 July, ) 870, 8. 4, v. 16, p. 332. * An act of Feb. 22, 1875, exempted attorneys, marshals, and clerks of the U S courts ; the clause of June 16, 1874, was repeated March 3, 1875, with like exemption.' PROFESSORS OF MATHEMATICS. 73 1882. Travel abroad. * * * No allowance shall be made in the settlement of any account 18 Jan., 1875. for traveling expenses unless the same be incurred on the order of thp Allowance to Secretary of the Navy, or the allowance be approved by him. i,e approved by 18 Jan., 1875, v. 18, p. 297. f Naval appropriation act] Secretary of OfScers of the Navy traveling abroad under orders hereafter issued 5^Qg. shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same ; and shall re- ceive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy. 5 Aug., 1882. P. E. L. p. 285. Sec. 850. When any clerk or other officer of the United States is sent Clerks, &a., away from his place of business as a witness for the Government, his sentaway as wit- necessary expenses, stated in items and sworn to, in going, returning, ' ahd attendance on the court, shall be audited and paid ; but no mileage, or other compensation in addition to his salary, shall in any case be allowed. 26 Feb., 1863, 8. 3, v. 10, p. 167. Note. — The necessary expenses incurred by soldiers as witnesses for the G-ov- emment allowable under section 850 may be paid by marshals upon proper proof thereof. — XVI, Op. 147. Army officers and soldiers are entitled to receive their necessary expenses in going, returning, and attendance on the court, which must be stated in items and sworn to. They are not in such cases entitled to mileage orwitness fees. The section embraces any person who is an employfi of the United States, in however humble a capacity. — Op. SVI, 113. [The naval appropriation act of March .3, 1883, provides for the actual and necessary traveling expenses of naval cadets while proceeding from their homes to the Naval Academy for examination and appointment as naval cadets.] [Traveling bxpbnses of marine officees. See Part II.] PROFBSSOES OF MATHEMATICS. Sec. 436. In charge of Nautical Almanac. 1399. Number allowed. 1400. How appointed. 1401. Duties. 1480. Kanh on active list. Sec. 1481. Hank when retired. 1528. Duty at Naval Academy. 1556. Pay. Qualifications. Number. Duties. Sec. 436. The Secretary of the Navy may place the supervision of the Title 10, Nautical Almanac in charge of any officer or professor of mathematics jj- ^^ placed in the Navy who is competent for that service. Such officer or profes- jn charge of Nau- sor, when so employed, shall be entitled to receive the shore-duty pay tical Almanac. of his grade, and no other. ^*y- 3 March, 1857, 8.3, v. 11, p. 246. Sec. 1399. The number of professors of mathematics in the Navy shall Title 15, Chap U not exceed twelve. 3 Aug., 1848, s. 12, v. 9, p. 272. 31 May, 1872, s. 1, v. 17, p. 192. Sec. 1400. Professors of mathematics shall be appointed and commis- Appointment, sioned by the President of the United States, by and with the advice and consent of the Senate. [See Jan. 20, 1881, post.} 3 Aug., 1848, s. 12, v. 9, p. 272. Sec. 1401. Professors of mathematics shall perform such duties as may be assigned them by order of the Secretary of the Navy, at the Naval Academy, the Naval Observatory, and on board ships of war, in instructing the midshipmen of the Navy, or otherwise. 3 Aug., 1848, s. 12, v. 9, p. 272. Sec. 1480. Professors of mathematics shall have relative rank as fol- rpjjjg j-,_ QYtap. 4 lows: Three, the relative rank of captain; four, that of commander; ' ^— ^ and five, that of lieutenant- commander or lieutenant. Bank. 31 May, 1872, s. 1, v. 17, p. 192. Sec. 1481. * * Professors of mathematics * * who shall have selative rank served faithfully for forty-five years, shall, when retired, have the rela- when re tired tive rank of commodore ; and * * who have been or shall be retired f "■ ° ™ a g e o r at the age of sixty-two years, before having served for forty-five years, 'engtnot service but who shall have served faithfully until ^retired, shall, on the com- pletion of forty years from their entry into'the service, have the rela- tive rank of commodore. March, 1871, s. 11, v. 16, p. 537. 74 PBOMOTION OK ADVANCBMBNT IN THE NAVY. Title 15, Chap. 5. Sbc. 1528. Three professors of mathematics shall be assigned to duty ~P^e of ^* *'^® Naval Academy, one as professpr of ethics and English studies, ethfcs, 'spanisJi, one as professor of the Spanish language, and one as professor of draw- And drawing. ing, Title 15, Cliap. 8. Pay. [See note, same section. Naval Academy.] 21 May, 1864, s. 3, v. 13, p. 85. Sec. 1556. * * Professors of mathematics * » * during the first five years after date of appointment, when on duty, two thousand four hundred dollars ; on leave, or waiting orders, one thousand five hun- dred dollars; during the second five years after such date, when on duty, two thousand seven hundred dollars ; on leave, or waiting orders, one thousand eight hundred dollars ; during the third five years after such date, when on duty, three thousand dollars ; on leave, or waiting orders, two thousand one hundred dollars ; after fifteen years from such date, when on duty, three thousand five hundred dollars ; on leave, or waiting orders, two thousand six hundred dollars. 15 July, 1870, s. 3, v. 16, p. 331. Hereafter no person shall be appointed a professor of mathematics in — — — — the Navy until he shall have passed a physical examination before a Qualifications. ^^^^^^ ^f naval surgeons, and a profesional examination before a board of professors of mathematics in the Navy, to be convened for that pur- pose by the Secretary of the Navy, and received a favorable report from said boards. 20 Jan. , 1881, v. 21, p. 317. PEOMOTION OE ADYANOEMENT IK THE KAYY. GENERAL PROVISIONS. 20 Jan., 1881. Sec. 1407. Promotion of seamen. 1447. Eetirement on not passing botli boards, 1458. Promotion to vacancies by retirement. Rule of promotion, line and staff. 1493 . Physical examination. 1494. Physical disqualification by wounds. 1495. Examinations, when, and eftect of. 1496. Examination of professional fitness. 1497. Promotion to rear-admiral in time of peace. 1498. Examining board. 1499. Powers of. Restriction on examination. 1500. Ofiicer may be present, &c. 1601. Record. 1502. Revision by the President. Sec. 1503. No otBcer to be rejected without examina- tion. 1.504. Report of recommendation, 150.5. Failing in exainiuation. Failing in moral examination. 1506. Advancement in number. 1507. Promotion wlien grade is full. 1.508. Officers receiving thanks of Congress. 1509. Effect of vote of thanks. 1510. "Vacancies occasioned by death, &c., of offi- cers thanked. 1560. Commencement of pay, original entry. 1561 . Commencement of pay of promoted omcers. Commencement of pay on promotion. 1562. Pay in delayed examinations. Title 15, Chap. 1. Sjjc. 1407. Seamen distinguishing themselves in battle, or by extra- Promotion ^ordinary heroism in the line of their profession, may be promoted to seamen to war- forward warrant oiflcers, upon the recommendation of their command- lant ofBcers. ing officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department. 17 May, 1864, s. 3, v. 13, p. 79. Title 16, Chap. 3. Sec. 1447. When the case of any oflcer has been acted upon by a "oiicers reiected l"'^^'! °^ naval surgeons aud an examining board for promotion, as pro- from promotion, vided in Chapter Four of this Title, and he shall not have been recom- mended for promotion by both of the said boards, he shall be placed upon the retired list. [See § 1505 ; also act Aug. 5, 1882. ] 21 April, 1864, s. 4, v. 13, p. 53. Note. — The President has power to review the action and finding of a board of naval surgeons constituted underthe fourth section of the aotof April 21, 1864. Both examinations must precede a promotion, and the finding as to both must be approved by the President.— Op. XII, 347, Deo. 30, 1867, Stanberry. Promotion to gEo. 1458. The next officer in rank shall be promoted to the place of byTetiiBUMat!* ^ retired officer, according to the established rules of the service, and the same rule of promotion shall be applied successively to the vacan- cies consequent upon the retirement of an officer. [See act folio wing. ] 3 Aug., 1861, s. 22, V. 12, p. 291. 211Deo., 1862, s. 6, v. 12, p. 330. 5 Aug. , 1882. Hereafter only one-h3. Becord. Sec. 1501. The statement of such officer, if made, and the testimony of the witnesses and his examination shall be recorded. Idem, EeTlsionljythe Sec. 1502. Any matter on the files and records of the Navy Depart- Presldent. ment, touching each case, which maj', in the opinion of the board, be jiecessaiy to assist them in making up their judgment, shall, together with the whole record and finding, be presented to the President for his approval or disapproval of the finding. Idem, Noofiaoertobe Sec. 1503. No officer shall be rejected until after such public exami- rejected wlthont nation of himself and of the records of the Navy Department in his examination. case, unless he fails, after having been duly notified, to appear before said board. Idem. Note. — An officer was under an examination for promotion (sections 1493 to 1505), and tbe e^aminatfcn was temporarily suspended and the officer granted permission to go home and be absent until notified to appear. He failed to re- ceive tbe notice ; the examination was resumed and concluded, the proceedings approved, and the officer retired. The vacancy not having been filled, and the rights of no other person having intervened^ Held, That the action of the President could be revoked and the officer allowed a rehearing. — Op. XVI, 20, May 29, 1878, Tracy's case. Eeport of reo- Sbc. 1504. Such examining board shall report their recommendation ommendation. of any officer for promotion in the following form : " We hereby certify that has the mental, moral, and professional qualifications to perform efficiently all the duties, both at sea and on shore, of the grade to which he is to be promoted, and recommend him for promo- tion." 16 July, 1862, s. 4, v. 12, p. 584. 28 July, 1866. s. 1, v. 14, p. 344. 21 April, 1864, s. 4, V. 13, p. 53. Tailing in ex- ^'EC. 1505. Any officer of the Navy on the active list below the grade amination. of commander, who, upon examination for promotion, is not found pro- fessionally qualified, shall he suspended from promotion for one year, with corresponding loss of date when he shall be re-examined, and in case of his failure upon such re-examination he shall be dropped from the service. [See ^ 1447 and act Aug. 5, 1882, post.} 15 July, 1870, o. 8, V. 16, p. 333. Note — ' ' Shall be suspended from promotion for one year, with corresponding loss of date," does not mean that the loss of date is to be conteinporaneous with the term of suspension, but only that it shall agree therewith in point of dura- tion. When an officer is so suspended, the loss of a year is to be reckoned from the occurrence of the vacancy, the date from which he would have taken rank had he been qualified; and the year of suspension from the approval of the President of the finding of the Examining Boards. "While under suspension is ineligible to promotion, and no vacancy is to be kept open for him. The officers eligible during that period are entitlexi to fill the vacancies. The loss of date being one year, if found qualified, on a second examination, to fill a vacancy oc- curring after tbe period of suspension, he will be entitled, ou promotion thereto, to take rank one year from the date of the vacancy which he would have origin- ally filled. Will not be entitled to the pay of the higher grade from the ranking date in his commission.— Op. XVI, 587, Dec. 10, 1880. Published In Gen. Order 262. 5 Aug., 1882. Whenever on an inquiry had pursuant to law, concerning the fitness .. ~ r of an officer of the Navy for promotion, it shall appear that such officer conduS^^ ^'^™^' ^^ ""'''' *° perform at sea the duties of the place to" which it is proijosed to promote him, by reason of drunkenness, or from any cause arising from his own misconduct, and having been informed of and heard upon the charges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one year's pay. 5 Aug., 1882, P. E. L., p. 286. Note. — In the only case so far coming under this act, " one year's pay " was held by the accounting officers to mean one year's "leave" pay. PROMOTION OR ADVANCEMENT IN THE NAVY. 77 Sec. 1506. Any officer of the Navy may, by and with the advice and Title 15, Obap. 4. consent of the Senate, be advanced, not exceeding thirty numbers in ^^ ^^^ rank, for eminent and conspicuous conduct in battle or extraordinary in jminber. heroism ; avd the rank of officers shall not he changed except in accordance with the provisions of existing law, and by and with the advice and consent of the Senate. 21 April, 1864, T. s. 6,13, p. 54. 24 Jan., 1865 8. 1, v. 13, p. 424. 17 Jane, 1878, v. 20, p. 143. Notes.— Congress leaves to the discretion of the President the determination of what acts of neroism should he Teoommended to the Senate for reward, and in providing that the Senate mnst advise and consent to the advancement haa indicated the only forum which may inquire into the wisdom with which that discretion has heen exercised. It is not within the power ot a Secretary of the Kavy to inquire into the acts of heroism which induced his predecessor and the President to make an advancement. Their action is conclusive on the executive department — Op. April 23, 1881, MacYeagh. Stevenson's case. By advancement nnder section 1506 an ensign was promoted to master March 3, 1879, to take rank from November 27, 1877. Kot having heen "promoted in course to fill a vacancy," not entitled to the pay of the higher grade, under sec- tion 156lofthe Kevised Statutes, from the date he takes rank, but from the date of his appointment. — Op. March 29, 1882, Brewster. Toung's case. The advancement of an ofiBcer nnder section 1506, when the advancement is confined to the same grade in which he already holds a commission, confers upon him no right to an increase of compensation over that which he is in receipt of in virtue of that commission. — Op. XIT, 547, March 18, 1875. Billing's case. , Sec. 1507. Any officer who is nominated to a higher grade by the pro- Promotionwhen visions of the preceding section, shall be promoted, notwithstanding grade is fuH the number of said grade may be full ; but no further promotions shall take place in that grade, except for like cause, until the number is reduced to that provided by law. 24 Jan., 1865, s. 2, v. 13, p. 424. Sec. 1508. Any line officer, whether of volunteers or of the regular Ofacers reoeiv- !Navy, may be advanced one grade, if, upon recommendation of theing thanks of President by name, he receives the thanks of Congress for highly dis- Congress, tinguished conduct in conflict with the enemy or for extraordinary heroism in the line of his profession. 16- July, 1862, s. 9, V. 12, p. 584. 24 Jan., 1865, s. 2, v. 13, p. 424. 25 July, 1866, s. 1, v. 14, p. 222. Sec. 1509. A vote of thanks by Congress to any officer of the Navy Effect of vote shall be held to affect such officer only; and whenever, as an incident "f*''*"'''- thereof, an officer who would otherwise be retired is retained on the active list, such retention shall not interfere with the regular promotion of others who would otherwise have been entitled by law to promotion. 1 July, 1870, res., s. 1, v. 16, p. 384. Sec. 1510. No promotion shall be made to fill a vacancy occasioned by Yacanies ooca- the final retirement, death, resignation, or dismissal of an officer who ^oned by ^ath, has received a vote of thanks, unless the number of officers left in the a,anked. ^ ^*™ grade where the vacancy occurs shall be less than the number author- ized by law. Idem. Sec. 1560. The pay of an officer of the Navy, upon his original entry Title IV, Chap. 8. into the service, except where he is required to give an official bond, — ~ shall commence upon the date of his acceptance of his appointment ; of ^y*"original but where he is required to give such bond his pay shall commence upon entry, the date of the approval of his bond by the proper authority. 15 July, 1870, s. 7, v. 16, p. 333. Sec. 1561. When an officer is promoted in course to fill a vacancy, and Commencement is in the performance of the duties of the higher grade from the dateof payof promot- he is to take rank, he may be allowed the increased pay from such date, edoffloers. [See following act and note.] 15 July, 1870, s. 7, v. 16, p. 333. 5 June, 1872, s. 1, v. 17, p. 226. That on and after the passage of this act, any officer of the Navy who 22 June, 1874. may be promoted in course to fill a vacancy in the next higher grade shall be entitled to the pay of the grade to which promoted from the Commencement date he takes rank therein, if it be subsequent to the vacancy he is ap- tion. "" P™""- pointed to fill. 22 June, 1874, s. 1, v. 18, p. 91. Note. — Previous to the act of July 15, 1870, chapter 295, the increased pay of a promoted officer commenced from the date of the signing of his appointment 78 RANK AND PRECEDENCE. to perform the duties of the higher grade, if before the date of his commiasion, or from the date of his commission if no appointment was previously gije"- The seventh section of that act provided that it should commence from the aate oi rank as stated in his commission. The act of June 5, 1872, substantially section 1561 provided that the promotion must have been in course to hU a vacancy, and 'the officer must have been in the performance of the duties ot the higher wade fromthe date he takes rank. Under the act of .June 22, 1874, which now reffulates it, the promotion must have been in "course to flU a vacancy to en- title an ofiicer to the pay of the higher grade from the date he takes rank therein, which date must be subsequent to the vacancy he is appomted to nu. Title XV.Chap. 8. Sec. 1562. If an officer of a class subject to examination before pro- motion shall be absent on duty, and by reason of eucli absence, or of In cases of de- ^^^^ ^^^^^ ^^^ involving fault on his part, shall not be examined at the layed examma- ^.^^ required by law or regulation, and shall afterward be examined and found qualified, the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have been entitled to it had he been examined and found qualified at the time so req uired by law or regulation ; and this rule shall apply to any cases of this description which may have heretofore occurred. And m every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. [See ante, July 22, 1874, and note, and § 1495.] 15 July, 1870, s. 7, v. 16, p. 333. RANK AND PEEOEDENOE. Sec I S^c. 1367. Bank of secretanes to Admiral and Vice- 1481. Staff officers retired, length of service. Admiral. I 1482. Staff officers retired, incident to service. 1372. Of assistant surgeons delayed in esamina- ' 1483. Graduates at Naval Academy. tion. ''*"' ^ 1466. Relative rant of !N'avy and Army officers. 1467. E-ank according to date. 1468. Commanding officers of vessels and stations. 1469. Aid, OT executive officer. 1470. Stafi officers, when to communicate directly with commanding officers. 1471. Chiefs of Bureaus. 1472. Chief of Bureau, below rant of commodore. 1473. Chief of Bureau, retired. 1474. Medical Corps. 1475. Pay Corps. 1476. Engineer Corps. 1477. Naval constructors. 1478. Civil engineers. 1479. Chaplains. 1480. Proiessors of mathematics and staff gen- erally. 1484. Engineer graduates. 1485. Precedence hy length of service. 1486. Length of 8er\'ice,l)ow estimated. 1487. Quarteis. 1488. ililitary command. 1489. Processions, hoards, &c. 1490. Ensigna. 1491. Warrant officers. 1492. Officers of revenue marine. 1506. Advanced in rank ; rant not to he changed, except, (fee. 1521. Cadet) midshipmen promoted. 1601. Commandant Marine Corps. 1602. Staff officers Marine Corps. 1603. Marine Corps with the Army. Judge- Advocate-General of the Navy. Title 15, Chap. 1. Sec. 1367. The Admiral and Vice- Admiral sball each be allowed a sec- ""^ 7 : ~ retarv, who shall be entitled to the rank and allowances of a lieutenant toecretanes lio . . .. *' ---- Admiral and m the Navy. Tice-Admiral. 21 Dec, 1864, s. 2, v. 13, p. 420. 16 May, 1866, v. 14, p. 48. 25 July, 1866, s. 6, V. 14, p. 223. 2 March, 1867, s. 1, V. 14, p. 516. Bank of assist- Sbc. 1372. When any assistant Burgeon was absent from the United ant surgeons in States, on duty, at the time when others of his date were examined, case of delayed j^g g]jall, if not rejected at a subsequent examination, be entitled to examma on. ^j^^ same rank with them ; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. 3 March, 1835, s. 1, v. 4, p. 757. Title 15, Cbap. 4. Sbc. 1466. The relative rank between ofScers of the Navy, whether on ~z7^; — : r the active or retired list, and oflScers of the Army, shall be as follows, of Navy fn d l^^al rank only being considered : Army officers. The Vice-Admiral snail rank with the Lieutenant-General. Rear-admirals with major-generals. Commodores with brigadier-generals. Captains with colonels. Commanders with lieutenant-colonels. Lieutenant commanders with majors. RANK AND PRECEDENCE. 79 Lieutenants with captains. Masters {lieutenants of the junior grade) with first lieutenants. Ensigns with second lieutenants. 16 July, 1862, p. 13, v. 12, p. 585. 21 Dec, 1864, s. 1, v. 13, p. 420. 25 July, 1866, s. 1, v. 14, p. 222. 2 March, 1867, s. 1, v. 14, p. 515. 3 March, 1883, P. E. L., p. 485. Sec. 1467. Line ofScers shall take rank in each grade according to the , Eauk accord- dates of their commissions. '"S *° '^*'*- 16 July, 1862, s. l,v. 12, p. 583. 21 April, 1864, s. 7, t. 13, p. 54. 24 Jan., 1865, s. 1, v. 13, p. 424. Sec. 1468. Commanding officers of vessels of war and of naval eta- Commanding tions shall take precedence over all officers placed under their com- g*™^**^ g^^^^^^" mand. 3 March, 1871, 8.12, v. 16, p. 537. Sec. 1469. The Secretary of the Navy may, in his discretion, detail a .•■*-'*J"' «"««"- line officer to act as the aid or executive of the commanding oflcer of a * othcer. vessel of war or naval station, which officer shall, when not impracti- cable, be next in rank to said commanding officer. Such aid or execu- tive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. AH orders of such aid or executive shall be regarded as proceeding from the commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. Idem. Sec. 1470. Staff officers, senior to the^fflcers so detailed, shall have Eights of staft the right to communicate directly witlrthe commanding officer. omcers. Idem. Sec. 1471. The chiefs of the Bureau of Medicine and Surgery, Provis- Chiefs of Bu- ions and Clothing, Steam Engineering, and Construction and Repair '^^*^^- shall have the relative rank of commodore while holding said position, and shall have, respectively, the title of Surgeon-General, Paymaster- General, Engineer-in Chief, and Chief Constructor. [See § 1481. ]_ Idem. Sec. 1472. When the office of chief of Bureau is filled by a line officer pgau ^whenhek-w below the rank of commodore, said officer shall have the relative rank j^nk of c o m - of commodore during the time he holds said office. mander. Idem. Sec. 1473. Officers who have been or who shall be retired from the Eetired froni position of chiefs of the Bureau of Medicine and Surgery, of Provisions ?? b^IL„ and Clothing, of Steam Engineering, or of Construction and Repair , by reason of age or length of service, shall have the relative rank of commodore. Idejn. Sec. 1474. Officers of the Medical Corps on the active list of the Navy Medical Corps, shall have relative rank as follows : Medical directors, the relative rank of captain. Medical inspectors, the relative rank of commander. Surgeons, the relative rank of lieutenant-commander or lieutenant. Passed assistant surgeons, the relative rank of lieutenant or master*. Assistant surgeons, the relative rank of master* or ensign. Idem,^ s. 5, p. 535. Sec. 1475. Officers of the Pay Corps on the active list of the Navy ^ay Corps, shall have relative rank as follows : Pay directors, the relative rank of captain. Pay inspectors, the relative rank of commander. Paymasters, the relative rank of lieutenant-commander or lieutenant. Passed assistant paymasters, the relative rank of lieutenant or mas- ter.* Assistant paymasters, the relative rank of master* or ensign. Ibia., 8. 6, p. 536. Sec. 1476. Officers of the Engineer Corps on the active list shall have ^ n gineer relative rank as follows: Corps. * lAeutenant of the funior grade (3 March, 1883). 80 BANK AND PRECEDENCE. Of the chief engineers, ten shall have the relative rank of captain, fifteen that of commander, and forty-five that of lieutenant-commander or lieutenant. Passed assistant engineers shall have the relative rank of lieutenant or master, and assistant engineers that of lieutenamt of the junior graie or ensign. [See 1390, Engineer Corps.] Ibid., s. 7, p. 536. U Feb., 1874, v. 18, p. 17. . 3 March, 1883, P. E. L., p. 472. Naval oonstnie- Sec. 1477. Of the naval constructors, two shall have the relative rank tor. of captain, three of commandRr, and all others that of lieutenant-com- mander or lieutenant. Assistant naval constructors shall have the rela- tive rank of lieutenant or master. 3 March, 1871, s. 9, v. 16, p. 536. CivU engineers. Sec. 1478. Civil engineers shall have such relative rank as the Presi- dent may fix. 3 March, 1871, s. 9, f. 16, p. 536. The President of the United States has this day, under the provisions of section 1478 of the Revised Statutes, conferred relative rank on Civil Engineers of the Navy, and fixed the same as follows : One with the relative rank of captain. Two with the relative rank of commander. Three with the relative rank of lieutenant commander. Four with the relative rank of lieutenant. Civil engineers will take precedence in their corps, and with other officers with, whom they hold relative rank, in accordance with the law regulating precedence of ofBcerfepf the Navy. General Order 263, 24 Feb., 1881. Chaplains. Sbc. 1479. Chaplains shall have relative rank as follows : Four, tie relative rank of captain ; seven, that of commander ; and not more tham seven, that of lieutenant-commander or lieutenant. 3 March, 1871, n. 9, v. 16, p. 536. Professors o^ ^'S.C. 1480. Professors of mathematics shall have relative rank as fol- mathematics. lows : Three, the relative rank of captain ; four, that of commander ; and five, that of lieutenant-commander or lieutenant. The grades established in the six preceding sections for the staff corps of the Navy shall he filled by appointment from the highest mem- bers in each corps, according to seniority ; and new commissions shall be issued to the officers so appointed, in which the titles and grades established in said sections shall be inserted ; and no existing commis- sion shall be vacated in the said several staft" corps, except by the issue of the new commissions required by the provisions of this section ; and no officer shall be reduced in rank or lose seniority in his own corps by any change which may be required under the provisions of the said six pre- ceding sections : Provided, That the issuing of a new appointment and commission to any officer of the Pay Corps under the provisions of this section shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and com- mission. 31 May, 1872, s. 1, v. 17, p. 192. 27 Feb., 1877, v. 19, p. 244. IfOTE.— Section 1475 does not giTe to a pay inspector in the Navy the grade of commander. It confers upon him the rank of commander }yy relation (only) to the rank of a line officer of that grade. The designation " pay inspector " expresses both title and ^rade in the Pay Corps. The commission of an officer aa "pa^ inspector," "with the relative rank of commander," gives the appro- priate title and grade of the officer named therein, and fully satisfies the re- quirement of section 1480, E. S.— Op. XVI, 414, Jan. 8, 1880, Devens. [For a defi- nition of the words "title," "grade," and "rank," see this opinion and C.C., XV, 151. The latter defines the rank of staff officers of the Navy as usually operative only in determing the relation of the different officers of the service i» each other in matters of precedence, privilege, and the like, and is generally called relative rank. Ch'ade is a step or degree in either office or rank, and has reference to the divisions of the one or the other, or both, according to the con ■ nection in which the word is employed.] ■When retired Sec. 1481. Officersof the Medical, Pay, and Engineer Corps, chaplains, for age or length professors of mathematics, and constructors, who shall have served service. faithfully for forty-five years, shall, when retired, have the relative rank of commodore; and officers of these several corps who have been or shall be retired at the age of sixty-two years, before having served for RANK AND PRECEDENCE. 81 forty -five years, but who shall have served faithfully until retired, shall, ■on the completion of forty years from their entry into the service, have the relative rank of commodore. 3 March, 1871, s. 11, v. 16, p. 537. Sec. 1482. Staff-officers, who have been or shall be retired for causes Eetireil for incident to the service before arriving at sixty-two years of age, shall to't^rvice""'''™' have the'same rank on the retired list as pertained to their position on the active list. Ibid. Sec. 1483. Graduates of the Naval Academy shall take rank accord- Grraduates of ing to their proficiency as shown by their order of merit at the date of ^''™V-*^'">'i«'ny- .graduation. 23 May, 1872, o. 1, v. 17, p. 153. Sec. 1484. Engineer officers graduated at the Naval Academy shall Engineers take precedence with all other officers with whom they have relative S?"^? i'"/ "'' lank, according to the actual length of service in the Navy. [See § -Naval Academy. 1394, Elf GI3SEER Corps. ] 3 March, 1873, n. 1, v. 17, p. 555. Sec. 1485. The officers of the staff corps of the Navy shall take prece' Precedence by RATIONS. in the Navy; tliird lieutenants, with and next after ensigns in the Navy. 2 Feb., 1863, s. 4, v. 12, p'. 640. 2 March, 179^, s. 98, v. 1, p. 699. 16 July, 1862, 88. 1, 11, V. 12, pp. 583-585. 3 March, 18S3, P. E. L., p 472. Officers ad- vanced in rank. Sec. 150t). Any officer of the Navy may, hy and with the advice and consent of the Senate, be advanced, not exceeding thirty numbers in rank, for eminent and conspicuous conduct in battle or extraordinary ]^ank not to be heroism ; and the rank of officers sMll not he changed except in accordance changed, except, tvith the provisions of existing law, and hy and with the advice and consent of &c. the Senate. [See 1508, Promotion.] 21 April, 1864, s. 6, v. 13, p. 54. 24 Jan., 1865, 8. 1, v. 13, p. 424. 17 June, 1878, t. 20, p. 143. Title 15, Chap. 5. Sec. ISai. When cadet midshipmen shall have passed successfully the- : graduating examination at/ the Academy, they shall receive appoint- Promotion to mg^tg ^s midshipmen and shall take rank according to their proficiency rank! as shown by the order of their merit at date of graduation. ' Note.— Section 1621 is changed by the acte of Aug. 5, 1882, and March 3, 1883. Cadet midshipmen are now styled naval cadets until they complete the six years course, and, under certain contingencies, are mustered out or appointed ito other places. There are no midshipmen or cadet midshipmen. See Nayau Academy. 15 July, 1870, o. 12, v. 16, p. 334. fi lle.15, Ohap.l). gj.^ -^gQj^ r^^te, commandant of the Marine Corps shall have the rank Bank of com- and pay of a colonel in the Army, and shall be appointed by selection by the mandant Marine President from the officers of said corps. ^«^P^- 2 March, 1867, s. 7, v. 14, p. 517. 6 June, 1874, v. 18, p. 58. Staff rank. Ma- Sec. 1602. The adjutant and inspector, the paymaster, and the quar- rine Corps. termaster shall have the rank of major -f^each assistant quartermaster- shall have the rank of captam. 2 March, 1847, s. 3,' v. 9, p. 154. 27 Feb., 1877, v. 19, p. 244. Kebtiverankof Sec. 1603. The officers of the Marine Corps shall be, in relation to^ Marine Corps rank, on the same footing as officers of similar grades in the Army. with the Army, „^ ^ ^„.,. . . _,„ ■' 30 Jane, 1834, a. 4, v. 4, p. 713. 8 June, 1880. That 'the President of the United States be, and he is hereby, au- '■ thorized to appoint, for the term of four years, by and with the advice- Kank of Judge- ^^^^ consent of the Senate, from the officers of the Na-vy or the Mariue- Aavocate-ijener- Qg^pg^ g Judge-Advocate-General of the Navy, with the rank pay, and allowances of a captain in the Navy or a colonel in the Marine Corps^ as the case may be. * * * • 8 March, 1880, v. 21, p. 164. EATIONS. Sec. 1143. Detachments with the Army. 1577. nations to naval cadet. 1578. Rations of other officers. 1579. When rations not allowed. 1580. Navy ration, constituents of. 1581. Substitutions in. 1582. Short allowance. 1.^83. Kations stopped for the sick. 1584. Additional ration. Sec. 1585. Commutation price of ration. 1595. ISone to retired officers. 1615. To enlisted marines. 3721. Purchases of butter and cheese. 3726. Preserved meats. Jjj ^ — ^ 3727. Flour and bread. *" i » ^ 4812. Allowance to Navy hospitals. Desiccated tomatoes. Title 14, Chap. 1. Sec. 1143. The officers of the subsistence department shall, upon the- Naval detach- requisition of the naval or marine officer commanding any detachment meots co-operat- "f seamen or marines under orders to act on shore, in co-operation with jng with the the land troops, and during the time such detachment is so acting or ■*^''"5 ■ proceeding to act,- furnish rations to the officers, seamen, and marines- of the same. 15 Dec, 1814, s. 1, v. 3, p. 151. Title 15, Chap. 8. Sec. 1577. Midshipmen and Naval caiietsjin^the Navy shall be entitled nations to na- ^ "^'^^ ration, or to commutation therefor. T.1,1 cadets. 28 July, 1866, s. 8, v. 14, p. 322. 28 Feb., 1867, s. 2, v. 14, p. 416. 5 Aug., 1882, P. iS. L., p. 285. RATIONS. 83 Sec. 1578. All ofiBcers shall be entitled to one ration, or to commuta- Rations of otlier tiou therefor, while at sea or attached to a sea-going vessel. officers. 16 July, 1862. s. 19, v. 12. p. 587. 3 March, 1851, ». 1, v. 9, p. 631. Op. X, 52, July 10, 1861. Sec. 1579. No person not actually attached to and doing dilty on J^^f" rations lioard a sea-going vessel, except the petty officers, seamen, and ordinary allowed, seamen attached to receiving-shjps or to the ordinary of a navy-yard, and ensigns of the junior grade and riaval cadets, shall he allowed a ration. 3 March, 1851, s. 1. t. 9,p. 621. 5 Aug., 1882, P. E. L., p. 285. 28 Feb., 1867, s. 2, v. 14, p. 416. 3 March, 1883, P. B. L., p. 472. 28 July, 1866, s. 8, v. 14, p. 322. Sec. 1580. The Navy ration shall consist of the following daily allow- Navy ration, ance of provisions to each person: One pound of salt pork, with half a ""^ , """^ " • pint of beans or pease ; or one pound of salt beef, with half a pound of flour and two ounces of dried apples, or other dried fruit ; or three- quarters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated "mixed vegetables;" or three-quarters of a pound of preserved meat, two ounces of butter, and two ounces of desiccated potatoes ; together with fourteen ounces of Ijiscuit, one-quartei» of an ounce of tea, or one ounce of coffee or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar. [See May 3, 18S0,i)O8«.] 18 July, 1861, s. 1. V. 12, p. 264. 14 July, 1862, s. 4, v. 12, p. 565. Sec. 1581. The following substitution for the components of the ration . Substitutions may be made when it is deemed necessary by the senior officer present '"'' in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vege- tables equal to the same in value; for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half a pound of rice ; for half a pint of beans or pease, half a pound of rice, and for half a pound of rice, half a pint of beans or pease. And the Secretary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such substitution to > be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration : Provided, That the sarfle shall be ac/fceptable to the men. [See^osf, May 3, 1880.] 18 July, 1861, ss. 2, 3, 4, v. 12, p. 265. 17 April, 1862, s. 4, t. 12, p. 381. ^ Sec. 1582. In case of necessity the daily allowance of provisions may gi n_4. ii be diminished at the discretion of the senior officer present in command ; ance. ^ "^ but payment shall be made to the persons whose allowance is thus di- minished, according to the scale of prices for the same established at the time of such diminution. And every commander who makes any diminution or variation shall give to the paymaster written orders therefor, specifying particularly the diminution or variation which is to be made, and shall report to his commanding officer, or to the Navy Uepartment, the necessity for the same. 18 July, 1861, s. 4, v. 12, p. 265. Sec. 1583. Rations stopped for the sick on board vessels shall remain Eations stopped and be accounted for by the paymaster as a part of the provisions of for tlie sic!:. 3 March, 1851, s. 1, v. 9, p. 621. 22 June, 1860, 8. 3, v. 12, p. 83. Sec. 1584. An additional ration of tea or coffee and sugar shall be Additional ra- hereafter allowed to each seaman, to be provided at his first " turning tion. out." 23 May, 1872, s. 1, v. 17, p. 151. Sec. 1585. Thirty cents shall in all cases be deemed the commutation c o m m utation price of the Navy ration. price of ration. 15 July, 1870, 8. 4, v. 16, p. 333. Sec. 1595. Rations shall not be allowed to officers on the retired list. Retired ofti- 16 July, 1862, ». 20, v. 12, p. 587. '^®''^' Sec. 1615. The non-commissioned officers, privates, and musicians of Tlt'c 15, Chap. )l. the Marine Corps shall, each, be entitled to receive one Navy ration Rations to en- daily. • listed men, Ma- I July, 1797, s. 6, v. 1, p. 524. rine Corps. II July, 1798, 8. 2, T. 1, p. 595. 84 RETIREMENT. Butter. titl e t3. Sec. 3721. The provisions whioli require that supplies shall be pur- Parcbaacs-with- o^iased by the Secretary of the Navy from the lowest bidder, after ad- out ad vci-t is c-vertiisement, shall npt apply to * » * the supplies which it may be ments. necessary to purchase oat of the United States for vessels on foreign stations, * * * or butter * * destined for the use of the Navy. * * * Contracts for butter * * for the use of the Navy may be made for periods longer than one year, if, in the opinion of the Secre- tary of the Navy, economy and the quality of the ration will be pro- moted thereby. * * * 3 March, 1845, s. 3, v. 5, p. 794. 3 March, 1847, s. 2, v. 9, p. 172. 3 Aug., 1848, s. 11, T. 9, p. 272. 2 March, 1865, s. 7, v. 13, p. 467. Preserved Sec. 3726. The Secretary of the Navy is authorized to procure the jneats. &c. preserved meats, pickles, butter, and desiccated vegetables, in such man - uer and under such restrictions and guarantees as in his opinion will best insure the good quality of said articles. 18 July, 1861, 8. 7, V. 12, p. 265. riour and ^^'^- 3727. The Secretary of the Navy is authorized to purchase, in lii'cad. such manner as he shall deem most advantageous to the Government, the flour required for naval use ; and to have the bread for the Navy bated from this flour by special contract under naval inspection. 3 March, 1863, s. 4, V. 12, p. 818. ' Title; 5», Chap. 1. Sec. 4812. For every Navy oflicer, seaman, or marine admitted into a c-TTj . Navy hospital, the institution shall be allowedone ration per day during rattouTto'sravy ^'® continuance therein, to be deducted from the account of the United hospitals. States with such officer, seaman, or marine. , 26 Feb., 1811, s. 4, v. 2, p. 650. May 3, 1880. The Secretary of the Navy may substitute for the ration of "two Desiccated to- """"^^ "f desiccated potatoes" six ounces of desiccated tomatoes if he matoes as a sub- shall believe such substitution to be conducive to the health and com- -stitnte. fort of the Navy, and not to be more expensive to the Goveinment than the present ration, provided the same shall be acceptable to the men. In the event the Secretary of the Navy orders such substitution he is authorized to have sold at public auction any desiccated potatoes on hand, the proceeds of which sale shall be used 'in the purchase of desic- cated tomatoes for the use of the Navy. 3 May, 1880, v. 21, p. 86. EBTIEBMBNT. Sec. 14)3, After forty years' service. 1444. After sixty-two years of age, or forty-five years of service. 1445. Oincers of certain ranks to be retired only mm for disability. 1.446. Officers who have received a vote of thanks. 1447. Officers rejected for promotion. Officers rejected for misconduct. 1448. Ketirinpt-hoard. 1449. Powers and duties of. 1450. Oath of members. 1451. Findings. . ' 1452. Kevisidn by the President. 1453. Disability oy an incident of the service. 1454. Disability by other causes. 1455. Not to be retired without a hearing. 1456. Not to be retired for misconduct. 1457. Privileges and liabilities. 1458. Vacancies by retirement. Sec. 1459. "Withdrawn from command. Act Aug. 5,' 1882, prohibiting promotion. 1462. Active duty. 1463. Assigned to command of squadrons and ships. 1464. Commanders of sqnadrons, from what grades selected. 1465. When restored to active list. 1473. Eetiied Chiefs of Bureaus. 1481. "When retired for age or length of service. 1482. Betired for causes incident to service staff. 1588. Pay. 1589. Pay of certain rear-admirals. 1690. Pay of third assistant engineers. 1591. Pay not increased by promotion. 1592. Pay on active duty. 1593. Piy of officers retired on furlough. 1594. Transfer from furlough to retired pay. 1595. Not entitled to rations. Title 15, Chap. 3 . Sbc. 1443. When any officer of the Navy has been forty years in the After 40 years' ^^'"^ i**® "^ ^^^ United States he may be retired from active service by service. ^^^ President upon his own application. 3 Aug., 1861, a. 21, T. 12, p. 290. After 62 years Sec. 1444. When any officer below the rank of Vice-Admiral is slxty- o f age or 45 two years old, he shall, except in the case provided in the next section years service. |jg retired by the President from active service. 21 Dec, 1861, 8. 1, V. 12, p. 329. 25 Jane, 1864, s. 1, v. 13, p. 183. 21 Dec, 1864, 8. 3, V. 13, p. 420. 16 .July, 1862, s. 8, V. 12, p. 584. 3 March, 1873, v. 17, p. 556. EETIREMENT. 85 Src. 1445. The two preceding sections shall not apply to any lieuten- Officers of cer- • ant-commander, lieutenant, lieutenant of the junior grade, ensign, passed ^j?,^|"^^ *° ^^ assistant surgeon, passed assistant paymaster, parsed assistant engineer, disability" ^ " assistant surgeon, assistant paymaster, or asmtant engineer; and such officers shall not be placed upon the retired list, except on account of physical or mental disability. 15 .Jiily,,1870, s. 6, v. 16, p. 333. 24 Feb. , 1874, v. 18, p. 17. ' 3 March, 1883, P. E. L., p. 472. Sec. 1446. Officers on the active list, not below the grade of com- Officers w h o mander, who have, upon the recommendation of the President, received yote oPthaaka '^ by name, during the war for the suppression of the rebellion, a vote of thanks of Congress for distinguished service, shall not be retired, ex- cept for cause, until they have been fifty-five years itbthe service of the United States. 16 July, 1862, 8. 8, v. 12, p. 584. Sec' 1447. When the case of any officer has been acted upon by a Offloere rejected board of naval surgeons and an examining board for promotion, as pro- '""^ promotion. vided 111 Chapter Four of this Title, and he shall not have been recom- mended for promotion by both of the said boards, he shall be placed upon the retired list. [See § 14.'if, and act of Aug. 5, 1882.] 21 April 1864, s. 4, v. 13, p. 53. Whenever on an inquiry had parsuant to law, concerning the fitness 5 Aug. 1882. of an officer of the Navy for promotion, it shall appear that such officer ^ — ' is unfit to perform at sea the duties of the place to which it is proposed tired for m^oon- to promote him, by reason of drunkenness, or from any cause arising duct, from his own misconduct, and having been informed of and heard upon the chtirges against him, he shall not be placed on the retired-list of the Navy, and if the finding of the board be approved by the President, he shall be discharged with not more than one years pay. [See 5 1456.] 5 Aug., 1882, P. E. L., p. 286. Sec. 1448. Whenever any officer, on being ordered to perform the Title 15, Chap. 3. duties appropriate to his commission, reports himself unable to comply ; with such order, or whenever, In the judgment of the President, an Ketirmg board. officer is iucapacited to perform the duties of his office, the President, at his discretion, may direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine nor less than five com- missioned officers, two-fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of. 3 Aug., 1861, s. 23, v. 12, p. 291. Sec. 1449. Said retiring-board shall be authorized. to inquire into and Powersanddu- determlne the facts touching the nature and occasion of the disability ties of. of any such officer, and shall have such powers oi a court-martial and of a court of inquiry as may be necessary. 3 Aug., 1861, 8. 17, V. 12, p. 290. Sec. 1450. The members of said board shall be sworn in each case to Oath of mem- discharg6 their duties honestly and impartially. ™'' . 3 Aug., 1861, 8. 23, v. 12, p. 291. Sec. 1451. When said retiring-board finds an officer incapacitated for Findings, active service, it shall also find and report the cause which, in its j udg- ment, produced his incapacity, and whether such cause is an incident of the service. Idem. Sec. 1452. A record of the proceedings and decision of the board in Eevision bytha each case shall be transmitted to the Secretary of the Navy, and shall be President, laid by himbefore the President for his approval or disapproval, or orders in the case. . Idem. KoTBS.-r-No power of review over the proceedings of a retiring hoard exists by law where its finding has been once approved by the President and his "orders in the case" executed. — Op. XV, p. 446. Devens. Feb. 8, 1878. Kod- ney's case. where a naval retiring board, convened to inquire into the nature and cause of the disability of an officer, has/ once finished its work, rendered a complete judgment in the case, and adjourned, a subsequent reconsideration of its judgment by the board, unless authorized^ or directed by proper authority, can have no legal effect.— Op. XVI, p. 104. Devens, July 25, 1878. Rodney's case. 86 RETIREMENT. Disability li y Sec. 1453. When a retiring-board finds that an officer is incapacitated auiuoident of the fo^ active service, and that his incapacity is the result of an incident of service. ^^^ service, such officer shall, if said decjision is approved by the Presi- dent, be retired from active service with retired pay, as allowed by Chap- ter Eight of this Title. 3 Aug., 1861, s. 23, T. 12, p. 291. Disability by Sec. 1454. When said board finds that an officer is incapacitated for . otbei- causes. active service and that his incapacity is not the result of any incident of the service, such officer shall, if said decision is approved by the President, be retired from active service on furlough-pay, or wholly retired from service with one year's pay, as the President may deter- mine. [See Aug. 5, 1882, arete.] \ Idem, Not to be re- gjjc. 1455. No officer of the Navy shall be retired from' active service, hearing * or wholly retired from theservice, without a full and fair hearing before "' such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, or on account of age or length of service, or on account of his failure to be recommended by an examining boardfor promotion. Idem. Kot to here- Sec. 1456. No officer of the Navy shall be placed on the retired list be- ^ed for miscon- cause of misconduct ; but he shall be brought to trial by court-martial "■^^ ' for such misconduct. [See § 1447 and act Aug. 5, 1882;] 15 July, 1870, s. 6, v. 16, p. 333. Privileges and Sec. 1457. Officers retired from active service shall be placed on the liabilities. retired list of officers of the grades to which they belonged respectively at the time of their retirement, and continue to be borne on the Navy Register. Theyshall be entitled to wear the uniform of their respective grades, and shall be subject to the rules and articles for the government of the Navy and to trial by general court-martial. The names of offi- cers wholly retired from the service shall be omitted from the Navy Register.* 3 Aug., 1861, S8. 22, 23, 24, v. 12, pp. 290, 291. 16 Jan., 1857, 3. 4, v. 11, p. 154. KOTE. — The appointment of a line officer of the IN'ary to be the chief of a bureau is an investiture of him witli an additional office. "Wliile holding that of&ce he has the relative rank of commodore, but remains in his lineal position in the Navy. The grade to which he belongs for the purposes of section 1457 is that which he holds in the Navy, and not that of the relative rank incidental to his temporary occupation of another and distinct office. — Op. — , July 8, 1881, Mac- Veigh. Whiting's case. See also Op. X, p. 878. Vaoaucios b y gj;c_ 1458. The next officer in rank shall be promoted to the place of a retirement. retired officer, according to the established rules of the service ; and the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. [Act of Aug. 5, 1883, es- tablishes a different rule as to line officers. See under that head. ] 3 Aug., 1861, s. 22, V. 12, p. 291. 21 Dec, 1861, s. 6, v. 12, p. 330. "Withdrawn Sec. 1459. Officers on the retired list shall be withdrawn from com- from command, jjjaiidj except in the case i)rovided iu sections fourteen hundred and sixty-three and fourteen hundred and sixty-fonr, and from the line of promotion on the active list. [See Aug. 5, 1882, j)ost.] 3 Aug., 1861, s. 22, v. 12, p. 290. 21 Dec, 1861* ss. 3, 4, v. 12, p. 329. [Sections 1460 and 1461, from the acts of 16 July, 1862, s. 14, v. 12, p. 585 1 15 Aug., 1876, V. 19, p. 204; 25 Joly, 1866, 3. 1, v. 14, p. 222; 16 Jan., 1857, 8. 4 and 11, p. 154; 30 Jan., 1875, v. 18, p. 304, and 2 March, 1867, s. 9, v. 14, p. 517, con- tained provisions for the promotion of officers on the retired list, uncler certain conditions. They were repealed or annulled by the act of Aug. 5, 1882, page 88, post, forbidding such promotion.] Active duty. gjjc. 1462. No officer on the retired list of the Navy shall be employed on active duty except in time of war. 3 March, 1873, v. 17, p. 547. Assigned tn Seo. 1463. In time of war the President, by and with the advice and command of consent of the Senate, may detail officers on the retired list for the com- squadrous and mand of squadrons and single ships, when he believes that the good of ^ '^^^ the service requires that they shall be so placed in command. 21 Dec, 1861, s. 3, V. 12, p. 329. 3 March, 1873, s. 1, v. 17, p. 547. ♦An act of January 30, 1875, v. 18, p. 304, provided for difference of pay for certain officers dropped, retired, &c., uuilor the act of i'ebruaiy 28, 1855. EKTIREMENT. 87 Sec. 1464. In making said details the President may select any officer Commanders ot wot below the grade of commander and assign him to the command of a ^j^'^grartes™'" «qnadron, with the rank and title of "flag-officer;;" and any officer soiected. a,ssigned shall have the same authority and receive the same obedience ^rom the commanders of ships in his squadron holding commissions of «.n older date than his that he would be entitled to receive if his com- Miission were the oldest. 21 Dec, 1861, s. 4, v. 12, p. 329. Sec. 1465. Retired officers so detailed for the command of squadrons "When iTstoreil ^nd single ships may be restored to the active list,. if, upon the recom- ">'"'<=w^<^ '" • mendation of the President, they shall receive a vote of thanks of Con- .gress for their services and gallantry in action against the enemy, and not otherwise. Idem, 8. 3. Sec. 1473. Officers who shall have been, or who shall be, retired from Title 15, Chap, t. "the positions of chiefs of the Bureaus of Medicine and Surgery, of Pro- Eetired from -visions and Clothing, of Steam Engineering, or of Construction and position of Chief iRepair, by reason of age or length of service, shall have the relative ofBareau. rank of commodore. 3 March, 187], ». 5, v. 16, p. 535. Sec. 14S1. Officers of the^ Medical, Pay, and Engineer €(yrps, c'iap-^j^»l|*i^«j^™°^'^ lainsj professors of mathematiosj and constructors, who shall have served ^j^en retired for Tfaithfnlly for forty-five years, shall, wfhen retired, have the relative age or lenjith of rank of commodore ; and officers of these several corps who have been'service. -or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, .shall, on the completion of forty years from their entry into the service, have the relative rank of commodore. 3 March, 1871, a. 11, v. 16, p. 537. Sec. 1482. Staff-officers, who have been or shall be retired for causes "When retired incident to- the service before arriving at sixty-two years of age, shall *■"" censes inci- have the same rank on the retired list as pertained to their position on "" " *^'^''"'®- the active list. Idevi. Sec. 1588. The pay of all officers of the Navy who have been retired T'He 15, Chap. 8. after forty-five years' service after reaching the age of sixteen years, or Pay of r e t ired who have been or may be retired after forty years' service, upon their ""■"^''s- ■own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithful serv- ice, from wounds or injuries received in the line of duty, or from sickness ■or exposure therein, shall, when not on active duty, be equal to seventy- five per centum of the sea pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, \>e equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. 15 July, 1870, 8. 5, v. 16, p. 333. 3 March, 1873, a. 1, v. 17, p. 555. Note. — Sections 1588, 1590, and 1593, which contain proviaions hoth of a gen- eral and apecial character preacribing the compenaation of naval retired oificera, and embracing within their scope all anch oficers, whether of ^the line or stall', > superseded all provieiona in force at the adoption of the Bevlsed Statutes by which that compenaation was previously regulated, and those sections there- after famished the only law upon the subject.— Op. XV, p. 316, Devens, June 18, 1877. Sec. 1589. Rear-admirals on the retired list of the Navy, who were Eear-admirab retired as captains when the highest grade in the Navy was o.aptain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral; and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. 5 June, 1872, s. 1, v. 17, p. 226. 3 March, 1873, s. 1, v. 17, p. 555. Sec. 1590. Officers who have been retired as third assistant engineers Third assistant .shall continue to receive pay at the rate of four hundred dollars a year. <*°S™«ers- 3 March, 1859, a. 2, v. 11, p. 407. i 21 April, 1861, s. 7, v. 13, p. 54. 3 Aug., 1861, s. 22, v. 12, p. 290. ! 15 July, 1870, s. 5 , v. 16, p. 333. -July, 1862, s. 20, v. 12, p. 5i?7. i 88 Seceetaeies and clerks. Pay not in- Sbc. 1591. No officer, heretofore or hereafter promoted upon the re- creased by pro- tired list, shall,' in consequence of such promotion, be entitled to any motion. increase of pay. £See Aug. 5, 1882,iJost.] 2 March, 1867, s. 9, y. 14, p. 517. 15 July, 1870, s. 5; v. 16, p. 333. 5 Aug., 1882. Hereafter there shall be no promotion or increase of pay in the retiredt No n'romotion ^^^ "^ *^^ Navy but the rank and pay of officers on the retired list shalli &c., of retired be the same that they are when such officers shall be retired, officers. • 5 Aug., 1882. P. B. L., p. 285. Title 15, Chap. 8. Sec. 1592. Officers on the retired list, when on active duty, shall re- Pav on aotiye"^^^® the full pajr of their respective grades. 1 June, 1860, s. 5, t. 12, p. 27. 2 March, 1867, s. 9, t. U, p. 517. Sec. 1593. Officers placed on the retired list, on furlough pay, shall duty. Officers retired _^_ on furlough pay. receive only one-half of the pay to whfch they vrould'have been entitled if on leave of absence on the active list, 3 March, 1835, s. 1, y. 4, p. 756. 28 Feh., 1856, s. 2, v. 10, p. 616. 16 Jan., 1857, a. 1, y. 11, p. 154. 3 Aug., 1861, 8. 23, y. 12, p. 291. 28 July, 1866, b. 2, y. 14, p. 345. 30 Jan., 1875, v. 18, p. 304. Transfer from gj-c. 1594. The President, by and with the advice and consent of the ' Sh to re- genate, may transfer any officer on the retired list from the furlough to the retired-pay list. [See notes under Pay, Fuklough.] 16 Jan., 1857, 8. .3, y. 11, p. 154. 16 July, 1862, s. 20, y. 12, p. 587. 30 Jan., 1875, y. 18, p. 304. Sec. 1595. Eations shall not be allowed to officers on the retired list. 16 July, 1862, s. 20, y. 12, p. 587. Eetihement in Marine Corps (see Marine Corps, Part II). tired pay. Rations. SECEETAEIES AND OLEEKS. Spc. 1367. Rank of secretaries to Admiral and Yice-Ad- miral. 1556. Pay of same. 1556. Secretary at Naval Academy. Clerks at Naval Academy. 1386. Clerks to paymasters. 1387. When not allowed to paymasters. Sec. 1388. Clerks to passed assistant and assistant pay > masters. 1556. Pay of same. 1556. Clerks to commandants. 1416. Discontinuance of, at yards. No more appointments afloat. Officers as secretaries and clerks. Number rank. TO ADMIRAL AND VICE-ADMIRAL. Title 15, Chap. I, Seo. 1367. The Admiral and Vice-Admiral shall each be allowed a - - secretary, who shall be entitled to the rank and allowances of a lieu- ''" * tenant in the Navy. • [See May 4, 1878, post.-] 21 Dec, 1864, 8. 2, v. 13, h. 420. 16 May, 1866, v. 14, p. 48. 25 July, 1866, s. 6, v. 14, p. 223. 2 March, 1867, s. 1, y. 14, h. 516. TitlcJS, Chap. 8. Sec. 1556. Secretaries to the Admiraland the Vice-Admiral, each two ^ p^ thousand five hundred dollars. [See § 1367] 15 July, 1870, 8. 3, v. 16, p. 332. AT NAVAL ACADEMY. Secretary of the Naval Academy, one thousand eight hundred dol- lars. 15 July, 1870, 8. 3, v. 16, p. 332. 23 Feb. 1881. Three clerks to superintendent, at one thousand two hundred dollars , '. — one thousand dollars, and eight hundred dollars respectively; one Clerks and clerk to commandant of cadetsi one thousand two hundred dollars; thoir pay. ^^g clerk to paymaster, one thousand dollars. 3 March, 1883, pamphlet edition, p. 478. TO PAY OFFICERS. Till IK fih ^^''^' ^^^^- Paymasters of the fleet, payn asters on vessels haviui!; l it le 15, Chap. 1. complements of more than one hundred and seventy-five persons, on Clerks to pay- supply-steamers, store-vessels, and receiving ships, paymasters at sta- masters of th e tions and at the Naval Academy, and paymasters detailed at stations a.% fleet and others, inspectors of provisicins and clothing, shall each be allowed a clerk. 14 July, 1862, o. 3, V. 12, p. 565 26 May, 1804, ». 13, p. !>3. SECRETARIES AND CLERKS. 89 Sec. 1387. No paymaster shall be allowed a clerk in a vessel having When not al- the complement of one huudred and seventy-five persons or less, ex- '"■f ed. ^ ceptlng in supply steamers and store-vessels. 26 May, 1864, ,. 13, p. 92. ' Sec. 1388. Passed assistant paymasters and assistant paymasters at- Clerks of passed tached to vessels of war shall be allowed clerks, if clerks wonld be assistant and as- allowed by law to paymasters so attached. Jers^"' pajmas- 3 March, 1863, s. 5, v. 12, p. 818. Sec. 1556. • » * Clerks to paymasters at navy-yards, Boston, Title 15, Chap. 8. New York, Philadelphia, and Washington, one thousand six" hundred Qig^ts to pay- dollars ; Kittery, Norfolk, and Pensaoola, one thousand four hundred masters oC yards. dollars; Mare Island, one thousand eight hundred dollars. and stations. Clerks to paymasters, at other stations, one thousand three hundred dollars. i Clerks to paymasters of receiving-ships at Boston, New York, and Clerks to pay- Philadelphia, one thousand six hundred dollars ; at Mare Island, one™™*^^sotre(eiv- thousand eight hundred doUars ; of other receiving-ships, one thousand ™^' '''°' three hundred dollars. Clerks to paymasters on vessels of the first rate, one thousand three Clerks to pav- hundred doUars ; on vessels of the second rate, one thousand one hun- ^i| " ^ ' "' dred dollars ; on vessels of the third rate, and supply-vessels and stoi:g- ships, one thousand dollars. Clerks to fleet paymasters, one thousand one hundred doUars. Clerks to lieet ^ *' ' paymasters^ Clerks to paymasters at the Naval Academy and Naval Asylum, one Clerks to pa\ - thousand three hundred dollars. masters at Asy- lum and A call- Clerks to inspectors in charge of provisions and clothing, at navy- (jlerks (o in- yards, Boston, New York, Philadelphia, and' Washington, one thousand specters. six hundred dollars ; to inspectors in like charge at other inspections, one thousand three hundred dollars. 15 Jnly, 1870, s. 3, v. 16, p. 332. ^ XOTES. — The clerk of a paymaster in the Navy is subject to the jurisdiction of a court-martial, and may be arrested and tried for an offense committed while in the service, even after his connection with it has been legally severed. — Ex P'lrte, Bogart, 17Int. Bev. Eec, 155. Under uie act of March 2, 1863, a paymaster's clerk is a person in the military service, and liable to trial by court-martial. — United States v. Bogart, 3 Benedict E., 257. A regularly appointed clerk of a paymaster in the Navy is a " person in the naval service ot the United States within the meaning of article 14, sec. 1624 of the Bevised Statutes, and for a violation of its provisions is subject to be tried, convicted, and sentenced by a naval general court-martial. Otto, S. C, 100, p. 13, Oct., 1879. See same, case of Heed, paymasters clerk, tried by court- martial where, on habeas corpus, the Supreme Court decided that the court-mar- tial' had juiisdiotion, and was competent to pass the sentence of which he com- plained. AT YARDS AND STATIONS. Sec. 1556. » * * First clerks to commandants of navy-yards, one Pay. thousand five huudred dollars. ' Second clerks to commandants of navy-yards, one thousand two hun- dred dollars. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. , Clerks to commandants of naval stations, one thousand five hundred dollars. 15 July, 1870, s. 3, v. 16, p. 332. Sec. 1416. The Secretary of the Navy is authorized, when in his opin- '^^tle 15, Chap. 1 . ion the public interest will permit it, to discontinue the office or em- clerks at yard ss ployment of * * * any clerk of the yard, clerk of the commandant, clerk may be dlscon- of the store-keeper, clerk of the naval constructor. » * * tinned. 10 Aug., 1846, s. 1, V. 9, p. 98. ' OFFICKRS AS SECRETARIES AND CLERKS. On and after the first day of July, eighteen hundred and seventy- ^^' eight, there shall be no appointments made from civil life of secretaries Secretaries anc} or clerks totheAdrairal, or Vice-Aduiiral, when on sea service, command- clerks from clviS ers of squadrons, or of clerks to commanders of vessels; and an officer p*?jj^°5^J|^®^^P" 90 SEAMEN IN THE NAVY. ^he duties. Detail of offi- not above the grade of lieutenant shall be rletailed to perform tlie du- *h»'^n°„f '"^'°'^"' *is^ °^ secretary to the Admiral or Vioe-Admiral, when on sea service, and one not above a iieM/eHr THE NAVY. 23eo. 1407. Promotion of seamen. 1408. Seamen rated as mates. 1409. Not discharged from enlistment by beinjj rated mates. 1410. tPetty officers. 1417. Enlisted men, number of. 1418. Term of enlistment. 1419. Consent of parents and guardians. 1420. Persons not to be enlisted. 1421. Transfer from military to naval service. 1422. Men sent home at expiration of terra. 1423. Subject to regulations, &c. 1434. Limit of detention. 1435. "What to be contained in shipping-articles. Sbc. 1426. Honorable discharge, to whom granted. 1427. Form of honorable discharge. 1429. Men entitled to honorable discharge. 1430. Sale of wages and prize-money. 1431. Duty as to granting leave and liberty. 1569. Payof enlisted men. 1570. Additional pay for serving as firemen, &c. 1572. Detention beyond term of enlistment. 1573. Bounty-pay for re-enlisting. 1574. Crews of lost or wrecked vessels. 1575. Crews taken by an enemy. 1576. Assignment of wages. 4878. Burial of seamen in national cemeteries. Machinists in the Navy. Title 15, Chap. 1. Sec. 1407. Seamen distinguishing themselves in battle, or by extraor- - Promotion of '^^"^''^ liei'O'sm in the line of their profession, may be promoted to for- seamen to war- ward warrant officers, upon the recommendation of their commanding rant officers. officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepaifed under the direction of the Navy Department. , 17 May, 1864, s. 3, v. 13, p. 79. Note.— The 7th section of the act of December 21, 1861, voL 12, p. 329, author- ized the Secretary of tlie Navy to prepare medals of honor, with suitable em- blematic devices, to be bestowed upon such petty officers, seamen, landsmen, and marines as should most distinguish themselves by their gallantrv in action. . and other seaman-like qualities during the war of the rebellion. Appropria- tions have since been made for such medals, which are bestowed in meritorious cases, although no promotion takes place. Seamen may be gEC. 1408. Mates may be rated, under authority of the Secretary of iace( as ma es. ^-^^ Navy, from seamen and ordinary seamen who have enlisted in the naval service ,for not less than two years. 17 May, 1864, s. 3, v. 13, p. 79. 3 March, 1865, s. 3, v. 13, p. 539. Idem. Honorahle dis- Sec. 1426. Honorable discharges may be granted to seamen, ordinary eranted ""seamen, landsmen, firemen, coal-heavers, and boys who have eulisteil * ■ for three years. 2 March, 1855, s. 1, v. 10, p. 627. 7 June, 1864, v. 13, p. 120. • Form of honor- Sec. 1427. Honorable discharges shall be granted according to a form able discharge, prescribed by the Secretary of the Navy. IdeTn. Tltlel 5, Chap. 2- Sec. 1429. It shall be the duty of every commanding officer of a ves- Keport of men ®®^' °^ returning from a cruise, and immediately on his arrival in port, entitled to honor- *" forward to the Secretary of the Navy a list of the names of such of able discharge, the crew who enlisted for three years as, in his opinion, on being dis- charged, are entitled to an "honorable discharge" as a testimonial of fidelity and obedience ; and he shall grant the same to 'the persons so designated. 2 March, 1855, s. 1, v. 10, p. 627. To discourage Sec. 1430. Every commanding officer of a vessel is required to dis- eale of prize-mo- courage his crew from selling any part of their prize-money, bounty- ney or wages. jnoney, or wages, and never to attest any power of attorney for the transfer thereof until he is satisfied that the same is not granted in con- sideration of money given for the purchase of prize-money, bounty- money, or wages. [See § 4643, Prize. Part IV. J 30 June, 1864, s. 12, v. 13, p. 310. Dntj- as to Sec. 1431. It shall be the duty of commanding officers of vessels, in SdHbOTty granting temporary leave of absence and liberty on shore, to exercise , carefully a discrimination in favor of the faithful and obedient. 2 March, 1855, ». 3, v: 10, p. 627. title 15, Chap. 8. Sec. 1569. The pay to be allowed to petty officers, excepting mates, ~ — r-—, and the pay and bounty upon enlistment of seamen, ordinary seamen, mOT " ^^ firemen, and coal-heavers, in the naval service, shall be fixed by the President : Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and for the said bounties upon enlistments shall not exceed, for any one year, the amount which may,, in such year, be appropriated for such purposes. 18 April. 1814, s. 1, T. 3, p. 136. 3 March, 1847, s. 4, v. 9. p. 173. 1 July, 1864, 8. 4, T. 13, p. 342. 3 Maifh, 1865, s. 2, v. 13, p. 539. SEAMEN IN THE NAVY. 93 Skc. 1570. Every soaman, ordinary seaman, or landsman who performs Additional pay the duty of a fireman or coal-heaver on board of any vessel pf war shall j" em'e„^'nct fo|u be entitled to receive, it! addition to his compensation as seaman, ordi- iieavers. nary seaman, or landsman, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or coal-heaver. 1 March, 1869, s. 2, v. 15, p. 280. Sec. 1572. AUpettyofificersandpersonsofinferiorratings who arede- Detention be- tainod beyond the terms of service, according to the provisions of section J™„,g^™ " *"' fourteen hundred and twenty-two, or who, after the termination of their service, voluntarily re enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time duriog which they are so detained or so serve beyoudltheir original terms of service, receive an addition of one- fourth of their former pay. 17 July, 1862, o. 17, v. 12, p. 610. Sec. 1573. If any seaman, ordinary seaman, landsman, fireman, coal- ' Bounty-pay for heaver, or boy, being honorably discharged, shall re- enlist for three "^^'^ '^ ""*' y^ars, within three months thereafter, he shall, on presenting his hon- orable discharge, or on accounting in a satisfactory manner for its loss, V)e entitled to pay, during the said three months, equal to that to which lie would have been entitled if he had been employed in actual service. 7 June, 1864, v. 13, p. 120. . 2 March, 1865, s. 2, v. 10, p. 627. Sec. 1574. When the crew of any vessel of the United States are *^^*I^^ ," f separated from such vessel, by means of her wreck, loss, or destruction, ^g^els "^ °^ the pay and emoluments of such of the officers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to preserve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. 17 July, 1862, 8. 14, v. 12, p. 608. Sec. 1575. The pay and emoluments of the. officers and men of any Crewsofves- vessel of the United States taken by an enemy who shall appear, by sels taken by an the sentence of a court-martial or otherwise, to have done their utmost ^°^ to preserve and defend their vessel, and, >after the taking thereof, to liave behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. Idem, a. 15, p. 609. Sec. 1576. Every assignment of wages due to persons enlisted in the Aasignmenta naval service, and all powers of attorney, or other authority to draw, of wages, receipt for, or transfer the same, shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. 30 June, 1864, 8. 12, v. 13, p. 310. Sbc. 4878. All soldiers, sailors, or marines, dying in the service of the _.,..„ _. „ "United States, or dying in a destitute condition, after having been hon- I LI ?:_' •ororably discharged from the service, or who served during the late war, Who may be cither in the regular or volunteer forces, maybe buried in any national turiedinnational cemetery free of cost. The production of the honorable discharge of a ee™et«ne8. deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. 17 July, 1862, 8. 18, v. 12, p. 596. 1 June, 1872, v. 17, p. 202. 3 March, 1873, v. 17, p. 605. All men now serving in the Navy who may be discharged as machin- June 16, 1880. ists, with continuous-service certificates entitling them to honorable Machinists' in discharge, and those discharged in the said rating with such certifi- the Navy, dis- cates since the twentieth day of November, eighteen hundred and sev- charge of, &c. cnty-niue, shall receive one-third of one year's pay as a machinist for each good- conduct badge they have received, or may receive, not ex- ceeding three in number under the said certificates,. the said gratuity to be received in lieu of re-enlistment as a machinist under such certifi- cate, and to be in full and in lieu of all claims against the United States in connection therewith, for extra pay for re-enlisting, or for continu- ous service, or for enlistment as a petty officer ; and the amount nee- 94 VESSELS OF THE NAVY essary to carry out tlie provisions of this act is hereby appropriated, out of any money in the Treasury not otherwise appropriated: Pro- vided, That nothing herein contained shall be so construed as to pre- vent the i-e- enlistment of machinists in the Navy. June 16, 1880, v. -21, p. 290. VESSELS OF THE JfAVY. Sec. j Sec. 1428. Officers of vessels to be citizens of the l.'iaD. Repairs on sails and rigging. United States. 1540. Sale of vessels uiiflt to be repaired. 1437. Officers to Inspect vessels under War De- 1541. Sale of unserviceable vessels and materials- partment. i Unfit for service ; removal from Register. 1529. Four classes; their commanders. ! Sale of vessels stricken from Register. . Restriction on repairs. 1552. Coal depots tor vessels. 4293. Suppression of piracy. 4686. Employment on coast survey. — ^- Marine schools. Hulks for quarantine purposes. Steam cruisers for the Navy. 1530. How rated. 1531. Rule for naming. 1532. Two vessels not to bear the same name. 1533. Names of purchased vessels. 1534. Vessels kept in service in time of peace. 1-53.5. How officered and manned. 1536. Cruising to assist distressed navigators. 1537. Patented articles connected with marine en- Double-turreted monitors gines. , Accidents to vessels. 1.538. Repairs on hull and spars. j Title 15, Chap. 2. Sec. 14-28. The officers of vessels of the United States .shall in a'L case* Officers to be ^^ citizens of the United States. citizensofUnited 28 June, 1864, s. 1, v. 13, p. 201. Officers for serv- Sec. 1437. The President may detail, temporarily, three competent ice of War De- naval officers for the service of the War Department in the inspection jpartment. of transport vessels, and for such other services as may be designated by the Secretary of War. \ 12 Feb., 1862, V. 12, p. 338. Title 15, Chap. 8. Sec. 1529. The vessels of the Navy of the United States shall be di- ~z : vided into four classes, and shall be commanded as nearly as may be as Four classes ; iv,ii„„_ . ' j ^ their command: ioV-,°^f- , , , . ,. , MB. First rates, by commodore^; second rates, by captains; third rates. by commanders ; fourth rates, by lieutenant-^mmauders. 16 July, 1862, s. 3, v. 12, p. 583. liov rated. gjj^, ■^j;3q_ Steamships of forty guns or more shall be classed as first rates, those of twenty gnns and under forty as second rates, and all those of less than twenty guns as third rates. 12 June, 1858, s. 5, v. 11, p. 319. ^Kule for nam gjj(3_ ^531 n[^^ vessels of the Navy shall be named by the Secretary '"" of the Navy, under the direction of the President, according to the fol- lowing rule: Sailing-vessels of the first class shall be named after the States of the Union, those of the second class after the rivers, those of the third class- after the principal cities and towns, and those of the fourth class as the- President may direct. Steamships of the first class shall be named after the States of the- . Union, those of the second class after the rivers and principal cities and towns, and those of the third class as the President may direct. 3 March, 1819, s. 1, V. 3, p. 538. 12 June, 1858, s. 5, v. 11, p. 319. I, rTo bear "the ^'^•^- ^^*^- *^*'"® ^^^'* ^® tsiken that not more than one vessel in the- oame name. Navy shall bear the same name. Jdem. Names of pur- Sec. 1533. The Secretary of the Navy may change the names of auv chased vessels, .^^essels purchased for the Navy by authority of law. 6 Aug., 1861, 8. 2, V. 12, p. 316. Vessels kept in Sec. 1534. The President is authorized to keep in actual service in sirvicein time of time of peace, such of the public armed vessels as, in his opinion, may '*'"^'^' be required by the nature of the service, and to cause the residue thereof to be laid up in ordinary in convenient ports. 21 April, 1806, s. 2, V. 2, p. 390. How officered Sec. 1535. Vessels in actual service, in time of peace, shall be officered and manned. and manned as the President ma.y direct, subject to the provisions of section fifteen hundred and twenty-nine. Idem., B, 3. VESSELS OF THE NAVY. 95 Sec. 1536. The President may, wlien the necessities of the service Cruising to as - perrait it, cause any suitable number of public vessels adapted to the sist distressed. purpose to cruise upon the coast in the season of severe weather and to ""^'S^'or^- afford such aid to distressed navigators as their circumstances may ■ require ; and snch public vessels shall go to sea fully prepared to render such assistance. 22 Dec, 1837, v. 5, p. 208. Sec. 1537. No patented article connected with marine engines shall Patented arti- hereafter be purchased or used in connection with any steam- vessels of "'-fv^ oonDected war until the same shall have been submitted to a competent board of Jnes """"^ ™' naVal engineers, and recommended by such board, in writing, for pur- chase and use. IStJuly, 1861, s. 3, v. 12, p. 268. REPAIR, APPRAISEMENT, AND SALE qF VESSELS. Sec. 1538. Not more than three thousand dollars shall be expended at Repairs od IralS any navy-yard in repairing the hull and spars of any vessel, until the *"* ^P^™- Becessity and expediency of such repairs and the probable cost thereof are ascertained and reported to the Navy Department by an examining board, which shall be composed of one captain or commander in the Navy, designated by the Secretary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two mas- ter workmen of said yard, or one master workman and an engineer of the Navy, according to the nature of the repairs to be made. Said mas- ter workmen and engineer shall be designated by the head of the Bureau of Construction and Eepair. [See Aug. 5, 1882, and March 3, 1883. post.2 21 Feb., 1861, s. 1, v. 12, p. 147. Sec. 1539. Not more than one thousand dollars shall be expended in Repairs on saiK repairs on the sails and rigging of any vessel, until the necessity and and rigging. expediency of such repairs and the estimated cost thereof have been ascertained and reported to the Navy Department by an examining board, which shall be composed of one naval officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker of the yard where such vessel may be ordered. [See Aug. 5, 1882, and March 3, 1883,^08*;] Mem. ( Sec. 1540. The President may direct any armed vessel of the United Sale of ve-sscl* States to be sold when, in his opinion, such vessel is so much out of re- un fl t to be re- pair that it will not be for the interest of the United States to repair her. "'"■"'I. [See Aug. 5, 1882, and March 3, 1883, post.} i 21 April, 1806, s. 3, v. 2, p. 402. Note. — A vessel condemned for naval par])oaes cannot be exchanged for another, notwithstanding the change might be of advantage to the public service.— Op. XIV, 369. Sec. 1541. The Secretary of the Navy is authorized and directed to . Sale of ^u8el^-. sell, at public sale, suchvesselsandmaterials of the United StatesNavy a^fm^t ^'i^'''''' as, in his judgment, cannot be advantageously used, repaired, or fitted ™^ enaia. out; and he shall, at the opening of eaqh session of Congress, make a full report to Cojigre^s of all vessels and materials sold, the parties buy- ing the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. [See Aug. 5, 1882, and March 3, 1883, post.} 23 March, 1872, s. 2, v. 17, p. 154. ^ It shall also be the duty of the Secretary of the Navy, as soon as may 5 auo-. i882. be stfter the passage of this act, to cause to be examined by competent - boards of ofiicers of the Navy, to be designated by him for that duty, Examinatiou ot all vessels belonging to the Navy not in actual service at sea, and ves- "*™ vessels. sels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels in the United States as often as once in three years, when practicable f and said boards shall ascertain and report to the Secretary of the Navy, in writing, which of said vessels are unfit for n further service, or, if the same are unfinished in any no vy-yard, those which cannot be fi^nished without great and disproportionate expense, and shall in such report state fully the grounds and reasons for their «)6 VESSELS OF THE NAVY. opiaion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the uameof sudh ves- sel or vessels from the Navy Register and report the same to Congress. 5Ang.,1882, P, E.L.,p. 296. JNaval appropriation act.] [Seepost] „ vtarch 1883 I* ^hall 1)6 the duty of the Secretary of the Navy to cause to be ap- ' ■ praised, in such manner as may seem best, all vessels of the Navy which Appraisement of have'been stricken from the Navy Register under the provisions of the vesseU stricken ^^^^ making appropriations for the naval service for the fiscal year end- tfrom Eegister. j^^ j^^^ thirtieth, eighteen hundred and eighty-three, and for other purposes, approved August fifth, eighteen hundred and eighty-two. And if the said Secretary shall deem it for the best interest of the Sale of suohves- United States to sell any such vessel or vessels, he shall, after such ap- aels. praisal, advertise for sealed proposals for the purchase of the same, for a period not less than three months, in such newspapers as other naval advertisements ar(?published, 'Setting forth the name and location and the appraised value of such vessel, and that the same will be sold, for cash, to the person or persons or corporation or corporations offering the highest price therefor above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place named in said advertisemen-t, and record thereof shall be made. The Secretaiy Kequirements of the Navy shall require to accompany each bid or proposal a deposit from bidders. jn gagji of not less than ten per centum of the amount of tie offer or proposal, and also a bond, with two or more sureties to be approved by him, conditionedfor the paymentof the remaining ninety percentum of the amount of such offer or proposal within the time fixed iu the advertisement. And in case default is made in the payment of the re- maining ninety per centum, or any part thereof, the Secretary, within the prescribed time thereof, shall advertise and resell said vessel under the provisions of this act. And in that event said cash deposit of ten per centum shall be considered as forfeited to the government, and shall be applied, first, to the payment of all costs and expenditures at- tending the advertisement and resale of said vessel ; second, to the pay- ment of the difference, if any, between the first and last sale of said vessel ; and the balance, if any, shall be covered into the Treasury : Provided, however, That nothing herein contained shall be construed to prevent a suit upon said bond Kr breach of any of its conditions. Any When to be de- vessel sold under the foregoing provisions shall be delivered to the nur- 'haslr ^"'''chaser upon the full payment to the Secretary of the Navy of' the amount of such proposal or offer ; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall hereafter be sold in any other manner than herein provided, or for less than such appraised value, unless the President of the United States damned vessels? shall otherwise direct in writing. In case any vessel now in process of '^ ' construction in any navy yard has been or shall be found to be unworthy of being completed, and has been and shall be condemned under the provisions of said act, and^ cannot properly be sold, and it becomes necessary to remove the same, the cost of such removal shall be paid out of the net proceeds derived from the sale of other vessels hereby authorized to be sold. 3 March, 1383, s. 5, P. B. L., p. 599. [Defloieocy act.] 3 March, 1883. That no part of this sum [appropriation for preservation of vessels, : — : &o.] shall be applied to the repairs of any wooden ship when the esti- ^air*of'wooden ™**^'^ cost of such repairs, to be appraised by a competent-board of Vessels. naval officers, shall exceed twenty per centum of the estimated cost, appraised in like manner, of a new ship of the same size and like material : Provided further. That nothing herein contained shall deprive the Secretary of the Navy of the authority to order repairs of ships damaged in foreign waters or on the high seas, so far as may be neces- sary to bring them home. » 3 March, 1883, P. E. L., p. 476. [Naval appropriation act.] 3 March, 1883. That no part of said sum [appropriation for repairs of machinery, — &c. ] shall be applied to the repair of engines and machinery of wooden Restriction on ships where the estimated costs of such repair shall exceed twenty per ^me"&c """ceiitum of the estimated cost of new engines and machinery of the '^ ' same character and power, but nothing herein contained shall prevent the repair or building of boilers for wooden ships, the hulls of which can be fully repaired for twenty per centum of the estimated cost of a new ship of the same size and material. 3 March, 1883, P. E. L., p. 477. VESSELS OF THE NAVY. 97 Sec. 1552. The Secretary of the Navy may establish, at such places Title 15. (Jbap. 7. as he may deem necessary, suitable depots of coal, and other fuel, for - , . — the supply of steamships of war. Coal-depots. 31 Aug., 1842, s. 7, \. 5, p. 577. Sec. 4293, The President is authorized to employ so many of the pub- Title 48, Chap. 8. lie armed vessels as in his judgment the service may require, with suit- p , ,. ,,„.., able instructions to the commanders thereof, in protecting the merchant- to suppress pi^ vessels of the United States and their crews from piratical aggressions raoy. and depredations. [See Pira.ct, Slave Trade, &c.. Part IV.] 3 March, 1819, s. 1, v. 3, p. 510. 30 Jan., 1823, v. 3, p. 721. Sec. 4686. The President is authorized, for any of the purposes of sur- Title 56. veying the coast of the United States, to cause to be employed such of Power to em- the public vessels in actual service as he deems it expedient to employ, ploy vessels, and to give such instructions for regulating their conduct as hedeems proper, according to the tenor of this Title. [Coast Survey.] 10 Feby-, 1807, s. 3, v. 2, p. 414. 14 April, 1818, s. 1, v. 3, p. 426. Notes. — ^In jiaval "parlance," "cruise" means tlie whole period between the time when a vessel goes to sea and when she returns to the place where her crew is paid off and she is put oat of commission. — Op. IX, 375, July 27, 1859, Black. Government vessels are not required to employ and pay branch pilots npou entering the ports and harbors of the United States. The exemption extends to all public vessels whether armed or not.— Op. IV, 632, Sept. 9, 1846, Mason. The penalties imposed by State laws for piloting vessels without due license from the State, hAve no application to persons employed as pilots on board pub- lic vessels of the United States, the utter vessels being within the exclusive Jurisdiction of the United States.— Op. XVI, 647, Oct. 22, 1879. The term "public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States, and those used by them for public purposes. Those laws warrant no distinction between public vessels under the control of the Navy Department and public vessels under the control of any other depart- ment of the Government. Unlicensed pilots and engineers can be lawfully em- ployed on them —Op. XIH, p. 249, Hoar, June 1, 1870. MARINE SCHOOLS. The Secretary of the Navy, to promote nautical education, is hereby 20 June 1874 authorized and empowered to fiiruish, upon the application in writing '- '— of the Governor of the State, a suitable vessel of the Navy, with aU Secretary of the her apparel, charts, books, and instruments of navigation, provided the Ssh'^'vess^s for same can be spared without detriment to the naval service, to be used marine schools, for the benefit of any nautical school, or school or college having a nautical branch, established at each or any of the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, San Francisco, Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Bouge, Galveston, and condition m Narragansett Bay, upon the condition that there shall be maintained, at such port, a school or branch of a school for the instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any par- ticular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be done without detriment to the public service, to detail proper officers of the Navy as superintend- Detail of offi- ents of, or instructors in, such schools : Provided, That if any such school cers. shall be discontinued, or the good of the naval service shall require, such vessels shall be immediately restored to the Secretary of the Navy, Eestoration of and the' officers so detailed recalled: Jnd provided further, That no vessels, person shall be sentenced to, or received at, such schools as a punish- „enal mirno** ^°^ ment or commutation of punishment for crime. p rp ses. 20 June, 1874, v, 18, p. 121. 3 March, 1881, v. 21, p. 506. QUAEANTINE HULKS. That the Secretary of the Navy be, and he is hereby, authorized, in 14 june, I879. his discretion, at the request of the National Board bf Health, to place — j — — gratuitously, at the disposal of the commissioners of quarantine, or f^ 'q„arantin e the proper authorities at any of the ports of the United States, to be purposes, used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preserva- tion thereof. 14 June, 1879, V. 21, p. 60. 11181 7 98 VESSELS OP THE NAVY. STEAM CRUISERS— INCREASE OF NAVY. 5 Aug., 1882. Any portjon of said sum not required for the purposes aforesaid may Two steam ^^ applied toward the construction of two steam cruising vessels of crnisers, of steel, war, which are hereby authorized, at a total cost, when fuUy completed, not to exceed the amount estimated by the late Naval Advisory Board for such vessels, the same to be constructed of steel, of domestic manu- facture, having as near as may be a tensile strength of not less than sixty thousand pounds to the square inch, and a ductility in eight inches of not less than twenty-five per centum ; said vessels to be. provided with full sail-power and full steam-power. One of said vessels shall be Tonnage, speed, of not less than live thousand nor more than six thousand tons displace- ■ annament. ment, and shall have the highest attainable speed, and shall be adapted to be armed with not more than four breech-loading rifled cannon, of high power, of not less than eight-inch caliber, or two of ten-inch cali- ber, and not more than twenty one breech-loading rifled cannon, of high power, of not less than six-inch caliber ; one of said vessels shall be of not less than four thousand three hundred nor more than four thousand seven hundred tons displacement, and shall have the highest attainable speed, and shall be adapted to be armed with four breech- loading rifled cannon, of high power, of not less than eight-inch caliber, or two of ten-inch caliber, and riot more than flfteen breech-loading rifled cannon, of high power, of not less than six-inch caliber. The Secretary of the Navy is hereby empowered and directed to organize a board of naval officers and experts for his advice and assistance, to be Naval Advis- called the "Naval Advisory Board," to serve during the period required ory Board. foj. ^;]je construction, armament, and trial of the vessels hereby author- ized to be constructed, and no longer. Said board shall consist of five officers on the active list of the Navy in the line and the staff, to be de- tailed by the Secretary of the Navy, without reference to rank and with reference only to character, experience, knowledge, and skill, and two persons of established reputation and standing, as experts in naval or marine construction, to be selected from civil life, and employed for this sole duty by the Secretary of the Navy, and to be paid such sum. Compensation, out of the appropriation hereby made, not exceeding eleven thousand Proviso. dollars, as he may direct : Provided however, That no person shall be a member of said board who has any interest, direct or indirect, in any invention, device, or process, patented or otherwise, to be used in the construction of said vessels, their engines, boilers, or armament, nor in Dntiee and any contract for the same. It shall be the duty of said board to advise powers of board, and assist the Secretary of the Navy, in his office or elsewhere, in all matters referred to them by him relative to the designs, models, plans, specifications, and contracts for said vessels in all their parts, and rela- tive to the materials to be used therein and to the construction thereof, and especially relative to the harmonious adjustment, respectively, of their hulls, machinery, and armament ; and they shall examine all materials to be used in said vessels, and inspect the work on the same as it progresses, and have general supervision thereof, under the direc- tion of said Secretary. But said board shall have no power to make or enter into any contract, nor to direct or control any officer of the Navy, the chief of any bureau of the Navy, or any contractor. Neither of the vessels hereby authorized to be built shall be contracted for or oom- Drawings, spe- menced until full and complete detail drawings and specifications ciflcations, &o. thereof, in all its parts, including the huU, engines, and boilers, shall have been provided or adopted by the Navy Department, and shall have been approved, in writing, by said board, or by a majority of the mem- bers thereof, and by the Secretary of the Navy ; and after said drawings and specifications have been provided, adopted, and approved as afore- said, and the work has been commenced or a contract made for it, they Changes or al- shall not be changed in any respect, when the cost of such change shall teration«. in the construction exceed five hundred dollars, except upon the ap- proval of said board, or a majority of the members thereof, in writing, and upon the written order of the Secretary of the Navy ; and, if changes are thus made, the actual cost thereof and the damage caused thereby shall be ascertained, estimated, and determined by said board ; and in any contract made pursuant to this act it shall be provided in the terms thereof that the contractor shall be bound by the determination of said board, or a majority thereof, as to the amount of the increased or dimin- ished compensation said contractor shall be entitled to receive, if any, in consequence of such change or changes. The Secretary of the Navy VESSELS OP THE NAVY. ' 99 is hereby authorized to cause the said cruising vessels of war aforesaid Defleotivesteel to be provided -with interior deflective steel armor, if the same, upon '"^'"t. full investigation, shall seem to be practicable and desirable, and if the same shall be approved by said board, or a majority thereof, in writing. Before any of the vessels hereby authorized shall be contracted for or Advertisement commenced the Secretary of the Navy shall, by proper public advertise- '™ P^*"^' *"• ment and notice, invite all engineers and mechanics of established repu- tation, and all reputable manufacturers of vessels, steam-engines, boil- ers, and ordnance, having or controlling regular establishments, and being engaged in the business, all officers of the Navy, and especially all naval constructors, steam-engineers, and ordnance officers of the Navy, having plans, models, or designs of any vessels of the classes hereby authorized, or of any part thereof, within any given period, not less than sixty days, to submit the same to said board; and it shall be the duty Board to report of said board to carefully and fully examine the same and to hear any "^ P'^na, &c. proper explanation thereof, and to report to the Secretary of the Navy, in writing, whether, iu their opinion, any such plan, model, or design, or any suggestion therein, is worthy of adoption in the construction of said vessds, their engines, boilers, or armament ; and if in such con- struction any such plan, model, design, or suggestion shall be adopted, for the use of which any citizen not an officer of the Navy would have a just claim for compensation, the contractor shall bind himself to dis- charge the Government from all liability on account of such adoption \ and use : Provided, That said Naval Advisory Board herein provided for Proviso. shall, under the direction of the Secretary of the Navy, prepare plans, Fiirther duties drawings, and specifications for vessels, their machinery, and armament, °^ Board. recommended by the late Naval Advisory Board not herein authorized to be built. 5 Ang., 1882, P. E. L., p. 291. 3 March, 1883. For the construction of the steel cruiser of not less than four thousand ^ three hundred tons displacement now specially authorized by law, two ^*®?'. '"'liters steel cruisers of not more than three thousand nor less than two thou-^"^^ ^^ sand five hundred tons' displaoemeut each, and one dispatch boat, as recommended by the Naval Advisory Board in its report of December' twentieth, eighteen hundred and eighty-two, one million three hundred thousand dollars ; and for the construction of all which vessels, except proposals to be their armament, the Secretary of tue Navy shall invite proposals from invited, all American ship-builders whose ship-yards are fully equipped for building or repairing iron or steel steamships, and constructors of ma- cgt, rine engines, machinery, and boilers; and the Secretary of the Navy is » authorized to construcib said vessels and procure their armament at a total cost for each not exceeding the amounts estimated by the Naval Advisory Board in said report, and in the event that such vessels or any Contracts. of them shall be built by contract, such building shall be under con- tracts with the lowest and best responsible bidder or bidders, made after at least sixty days' advertisement, published in five of the leading newspapers of the United States, inviting proposals for constructing said vessels, subject to all such rules, regulations, superintendence, and provisions as to bonds and security for the due completion of the work as the Secretary of the Navy shall prescribe ; and no such vessel shall be accepted unless completed in strict conformity with the contract, with the advice and assistance of the Naval Advisory Board, and in all .^|?'''*V"'S ,° f respects in accordance with the provisions of the act of August fifth, "ory Board " eighteen hundred and eighty-two, except as they are hereby modified ; and the authority to coustruct the same shall take effect at once ; and the Secretary of the Navy may, in addition to the appropriation hereby made, apply to the constructing and finishing of the vessels in this clause referred to any balance of the appropriation made to the Bureaus of Construction and Eepair and Steam-Engineering for the current fiscal year or in the present act which may remain available for that purpose : yhtAb to be Provided, That he shall utilize the national navy-yards, with the ma- utiliaed. chinery, tools, and appliances belonging to the government there in use in the building of said ships, or any parts thereof, as fully and to as great an extent as the same can be done with advantage to the government. The services and expenses of the two civilian expert members of the Civilian experts. Naval Advisory Board may be paid from the appropriations for the in- crease of the Navy, not exceeding eleven thousand dollars. For investigating and testing the practicability of deflective turrets Deflective tnr designed by Passed Assistant Engineer N. B. Clark, twenty thousand "™' 100 VESSELS OP THE NAVY. dollars, to be available immediately, the investigation and test to be made by the Naval Advisory Board. 3 March, 1883, P. E. L., p. 477. nOUBLE-TURRBTED MONITORS. J^„g.,1882. That four hundred thousand dollars of the above amount [Repairs, -^ . f -yf-'&c, machinery, &o.], or so much thereof as may be necessary, shall be antonomoh applied by the Secretary of the Navy to the following objects, namely : Under the Bureau of Construction and Repair : To building and fitting the turrets and pilot-house of the iron-clad steamer Miantonomoh ; and Launching o f to the laanohing to the best advantage, with such necessary attachments douhle-tnrreted and appliances as will render redocking of the ships unnecessary, of the monitors. iron-clad steamers Monadnook, Puritan, Amphitrite, and Terror; and that no further steps shall be taken or contracts entered into or approTLed for the repairs or completion of any of the four iron-elads aforesaid until the further order of Congress ; and the Naval Advisory Board, created by this act, is directed to report to the Secretary of the Navy in detail by the first day of December, eighteen hundred and. eighty-two, as to the wisdom and expediency of undertaking and completing the engines, armor, and armaments of said iron-clads, and whether any changes in the original plan or plans should be made, together with the cost of the completion of each according to the plans recommended, if the comple- tion of any of them is recommended ; and the said Secretary shall trans- Eeport to Con- mit said report to Congress at its next session with his recommendation g™sa. thereon, and that any part of the appropriation for said Bureau not used as above specified may be applied toward the construction of engines and machinery of the two new cruising vessels provided for in this act. 6 Aug., 1882, P. E. L., p. 293. 3 March, 1883. To be applied by the Secretary of the Navy under the appropriate ~T TTT Bureaus : For engines and machinery for the double- turreted iron-clads, ppropna on. ^^ accordance with the recommendations of the Naval Advisory Board, one million dollars. Contracts, &o«t, 15 Feb., 1879.] 15 July, 1870, s. 13, v. 16, p. 334. 3 March, 1865, s. 6, v. 13, p. 539. Sec. 1412.. Officers who have been, or may be, transferred from the Credit for vol- volunteer service to the Regular Navy shall be credited with the sea. nnteer sea-serv- service performed by them as volunteer officers, and shall receive all *''^- the benefits of such duty in the same manner as if they had been, dur- ing such service, in the Regular Navy. [See Aug. 5, ISSii and March 3, 1883,i)08t.l 2 March, 1867, s. 3, v. 14, p. 516. Sec. 1559. When a volunteer naval service is authorized by law, the Title >6, Chap. 8. ofiScers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. 16 July, 1862, s. 20, v. 12, p. 587. Sec. 1600. All marine officers shall be credited with the length of time Title IS, Chap, i) . they may have been employed as officers or enlisted men in the volun- teer service of the United States. 2 March, 1867, 8. 3, v. 14, p. 516. That from and after the passage of this act, the Secretary of the Navy shall not appoint acting assistant surgeons for temporary service, as Acting assist- authorized by section fourteen hundred and eleven. Revised Statutes, antsurpeonsonly except in case of war. in time of war. 15 Feb., 1879, s. 2, v. 20, p. 292. [An act approved 15 Feb., 1879, v. 20, p. 294, abolished the volunteer Navy of the Unitpd States ; providing for the transfer of some of them to the Regular Navy. Mates were not considered as coming within its provisions. ] And all officers of the Navy shall be credited with the actual 3 March, 1883. time they may have served as officers or enlisted men in the regular credit for serv- er volunteer Army or Navy, or both, and shall receive all the ben- joe in volurteer efits of such actual service in all respects in the same manner as if all Army or Navy. said service had been continuous and in the Regular Navy in the lowest grade having graduated pay held by such officer since last entering the service: Prm&d, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers : Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. 5 Aug., 1882, P. E. L., p. 287. 3 March, 1883, P . E. L., p. 473. Notes. — Credit for volunteer service under section 1412 of the Revised Stat- utes **as an acting third assistant engineer, is of no benefit to the officer, so far as regards promotion to, or pay in, the grade of passed assistant engineer in the regular Navy;" cannot be used to make up the period of sea service required for promotion from the grade of second or assistant engineer to that of nrst or passed assistant. — Op., June, 1882. Webster's case. This provision (Sec. 1412) was designed to give the transferred officers the free benefit of their former sea sei'vice, in so far as it might go to complete the period of such service required in their respective grades previous to examination for promotion, and in so far as it ought properly to be taken into account in the matter of assignment to duty, and it confers no advantages beyond these. A volunteer officer transferred to the regular Navy is not entitled to hold a com- mission dated as of the date of his volunteer commission, but he must take his ■ place upon the register according to the rank given him by his commission as an officer of the regular Navy.— Op. XIV, 191, 358, and August 11, 1881.— Gen. order, 275. To entitle an officer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Navy at the time of his appointment to the regular Navy, Where he ceased to be an officer in the volunteer Navy prior to such appointment, however brief the interval, he does not come within the pro- visions referred to.— Op. XIV, 142, November 20, 1872. Oray's case. The act of 3 March, 1883, aupra, may have changed the effect of some of the foregoing opinions. 102 WARRANT OFFICERS. WARRANT OFFICEES. Sec. 1405. Number and appointment of. 1406. Title. 1407. Promotion of seamen to warrant ofl&cers. 1409. Not 10 discljarge from enlistment. 1416. Gunners as keepers of magazines. Sec. 1417. Preference to enlisted boys. 1438. As naval store-keepers. 1439. Bonds as store-keepers. 1491. Bank. 1556. Pay. Title 15, Chap. 1. Sec. 1405. The President may appoint for the ressels in actual service, Number and ^^ many boatswains, gunners, sailmakers, and carpenters as may, in his appointment of. opinion, he necessary and proper. 21 April, 1806, s. 3, v. 2, p. 390. 4 Aug., 1842, s. 1, T. 6, p. 500. 3 Marcb, 1847, s. 1, v. 9, p. 172. Title. Sec. 1406. Boatswains, gunners, carpenters, and sailmakers shall be known and shall be entered upon the Naval Register as "warrant offi- cers in the naval service of the United States." 2 July, 1864, s. 2, v. 13, p. 373. Promotion o f Sec. 1407. Seamen distinguishing themselves in battle, or by extraor- raut'officers^"'^ '^'"*'^y heroism in the line of their profession, may be promoted to for- ward warrant officers, upon the recommendation of their commanding officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department. 17 May, 1864, s. 3, v. 13, p. 79. Eating not to Sec. 1409. The rating of an enlisted man as a mate, or his appoint- diBcharge. ment as a warrant officer, shall not discharge him from his enlistment. 17 May, 1864, s. 3, v. 13, p. 79. 3 March, 1865, s. 3, v. 13, p. 539. Gunners as Sec. 1416. The Secretary of the Navy is authorized, when in his keepers of mag. opinion the public interest will permit it, to discontinue the office or employment of * * * the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. 10 Aug., 1846, s. 1, V. 9, p. 98. Preference in Sec. 1417. * * * In the appointment of warrant officers in the naval appointment t o service of the United States, preference shall be given to men who have preuSces &C*''' ^^^^ honorably discharged upon the expiration of an enlistment as an ' ■ apprentice or boy, to serve during minority, and re-enlisted within three months after such discharge, to serve during a term of three or more years : Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised Stat- utes of the United States. 12 May, 1879, v. 21, p. 3. TitlelS, Chap. 2. Sec. 1438. The Secretary of the Navy shall order a suitable commis- Aoting as store- sioned or warrant officer of the Navy, except in the case provided in keepers. section fourteen hundred and fourteen, to take charge of the naval stores for foreign squadrons at each of the foreign stations where such stores may be deposited, and where a store-keeper may be necessary. [See 5 1414, under Naval store-keepers.] 17 June, 1844, s. 1, v. 5, p. 700. 3 March, 1847, s. 3, v. 9, p. 172. Bonds of. Sec. 1439. Every officer so acting as store-keeper on a foreign station shall be required to give a bond, in such amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. 17 June, 1844, s. 1, v. 5, p. 700. Title 15, Chap. 4. Sec. 1491. The President may, if he shall deem it conducive to the in- — terests of the service, give assimilated rank to boatswains, gunners, carpenters, and sailmakers, as follows : After five years' service, to rank with ensigns, and after ten years' service to rank with lieutenants of the junior grade. 2 July, 1864, s. 1, v. 13, p. 373. 3 March, 1883, P. E. L., p. 472. Hank. WAEKANT OFFICERS. 103 • Sec. 1556. '' * * Boatswains, gunners, carpenters, and sail-makers, Title IB, Chap. 8. dniiug the first three years after date of appointment, -When at sea, one "^^T thousand two hundred dollars ; on shore duty, nine hundred dollars ; on leave, or waiting orders, seven hundred dollars ; during the second three years after such date, when at sea, one thousand three hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third, three years after such date, when at sea, one thousand fourjtiundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dol- lars; during the fourth three years after such date, when at sea, one thousand six hundred dollars | on shore duty, one thousand three hun- dred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. 15 July, 1870, 8. 3, V. 16, p. 332. ADDENDA. APPOINTMENTS, EEINSTATEMENT, ETC. Notes.— Appointments to office can be made only by the Executive branch of the Government in the manner provided by the Conatitntion (Art. IT, §2), and not by Congressional enactment. — C. C, XV, 151, "Wood's case. It 18 necessary that the President should nominate, the Senate advise and consent, and that, in pnrsnance of such nomination and confirmation the ap- S ointment should actually be made. The nomination and confirmation do not iveat the President of the power to withhold the appointment. — Op. IV, 31, 218. The appointment of a commissioned officer is not perfected, and is entirely within the power of the President until the commission is issued. — Op. IX, 297 ,- XIII, 44; SJV-, 344. C. C. V., 97. When a commission has been signed by the President the appointment is complete, and the commission is complete when the seal of the TJnited States has been affixed.— 1 Cranch, Curtis' edition 377, Marbury's case. The Senate cannot originate an appointment ; its constitutional action is con- fined to a simple affijrmation or rejection of the nomination, and it fails when they disagree. May suggest limitations or conditions, but cannot vary the nom- ination. No appointment can be made except on the President's nomination agreed to without qualification or alteration. — Op. HI, 189. XVlien a person appointed to an office refuses to accept the same, the saccessor is nominated in the place of the person who has declined, and not in place of the person who had been previously in office. — 1 Cranch, Curtis' edition, 377. The President, by and with the advice and consent of the Senate, may, by re- appointment and commission, restore lost rank, including seniority, to an offi- cer of the Army or Navy. Cases cited.— Op. "VTH, 223 Gushing, Dec. 10, 1856. In the same way he can correct the date of a military appointment, or an error in the date of appointment, or an inadvertence to nominate an officer en- titled to promotion by ten years' service. — 0^. HI, 307 ; YTTT, 223. The right of a reinstated officer to pay during the time he was out of the serv- ice must depend upou the will of Congress, as expressed in the act authorizing his reinst-atement, anA not upon the date oi his commission. — C. C, XV, 41, Xil- burn's case. Commissions signed by his predecessor should be regarded by the President as conclusive evidence of the officers* right to the rank and authority given thereby. "While their commissions stand the President should respect them, and in making promotions by seniority have regard for them. If wrong has been sustained. Congress can remedy it by a special relief act empowering the President.— Op. XVI, 583. Devens, Dec. 9, 1880. "Where an act directed the Secretary of War to amend the record of an officer dismissed by court-martial, so that he should appear on the rolls and records as if he had been continuously in the service : Held, That it conferred on the Presi- dent the power to appoint in the usual way. If so appointed the commission should refer to the act, in a proper manner, under which the app ointment was made, by nomination and confirmation of the Senate.— On. XTv , 448, Williams, Aug. 13, 1874 ; but see Court of Claims, XIV, 573 ; XV, 22. ' Congress as a general rule, has authorized the President to restore officers to the retired list without requiring the advice and consent of the Senate. Where they have been reinstated to form a part of the active force of the Army, a dif- ferent phraseology has been employed — requiring the advice and consent of the Senate. An officer dismissed by sentence of a court-martial cannot, under sec- tion 1228 K. S., be reinstated except by reappointment, confirmed by the Senate. This is a clear recognition that restoration of officers separated from the serv- ice under other circumstances, can be accomplished without confirmation of the Senate. The words "inferior officers" used in the Constitution, mean subordi- nate or inferior otticers in whom, respectively, the power of appointment may be invested by Congress in the President, the courts of law, and the heads of Departments.— O. C, XIV, 573, Collin's case. When the President is authorized by law to reinstate a discharged Army offi- cer, he may do so without the advice and consent of the Senate. When he exer- cises the discretion vested in him by an act of Congress, of reinstating an offi- cer, and expresses his will by an order to that efiect, the officer acquires a vested right to the office. By antedating an appointment or commission, he cannot create a liability on the part of the Government, but the legislative branch of the Grpvemment can.— C. C, XV, 22, Collin's case. Where an officer was of lawful age when nominated but was over age when confirmed, his commission can he issued to him. The Senate could have airested it.— Op. X, 308, Bates, July 1, 1862. [See also under Civil- Sebvick, Part III.1 104 PA-HT II, THE MARINE CORPS. ORGANIZATION, ETC., EETIEEMENT, PAY AND RATIONS, MILEAGE AND TRANSPORTATION, FORAGE, FUEL, AND QUARTERS. 105 MAEINE CORPS OEGANIZATION, &0. See. 1135. Camp eqaipaj^e of detachments serving with the Army. 1143. Rations to detachments serving "with Army. 1342. Association with Army on cuorts-martial. 1342. Command when different corps join. 1421. Transfer of enlisted men from Army. 1596. Number of. 1597. What commissions and promotions not af- fected by number fixed. 1598. Staff. 1599. Qaaliflcations for appointment. 1600. Credit for volunteer service. 1601. Kank of commandant. 1602. Staff rank. 1603. Belative rank with the Army. Judge-Advocate-Gener^. 1604. Brevets. [1209-11-12-64, Army.] Sec. 1605. Advancement in number. 1606. Promotion when grade is full. 1607. Promotion for galSiutry. 1608. Enlistments. 1609. Oath. 1610. Exemption from arrest. 1611. Companies and detachments. 1616. Services on armed vessels. 1617. Marine officers not to command navy-yards or vessels. 1618. Marines substituted for landsmen. 1619. Duty on shore. 1620. Regulations. 1621. Subject to laws governing the Navy, except when serving with the Army. Post-traders. 1624. Desertion by resignation. Skc. 1135. The officers of the Qaartermaster's Department shall, upon Title 14, Ohap. 1 . the requisition of the naval or marine officer commanding any detach- suonlies to ment of seamen or marines under orders to act on shore, in co-operation navaland marine with land troops, and daring the time such detachment is so acting or detachments. proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their haggage, provisions, and cannon, and shall furnish the naval offi- cer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. ' 15 Dec, 1814, ss. 1, 2, v. 3, p. 151. Sbc. 1143. The officers of the Subsistence Department shall, upon the Rations to de- requisition of the naval or marine officer commanding any detachment t*"'^*"'^ '^^ of seamen or marines under orders to act on shore, in co-operation with ■^^'J- the land troops, and during the time such detachment is so acting or . proceeding to act, furnish rations to the officers, seamen, and marines of the same. 15 Deo., 1814, s. 1, v. 3, p. 151. 8bc. 1342. Art. of War 78. Officers of the Marine Corps, detached Title 14, Ohap. S. for service with the Army by order of the President, may be associated —rz — ~ with officers of the Regnlar Army on courts-martial for the trial of EegiSar A/my offenders belonging to the Regular Army, or to forces of the Marine officers assooi- Corps so detached ; and in such cases the orders of the senior officer of ated on courts. either corps, who may be present and duly authorized, shall be obeyed. 30 June, 1834, s. 2, v. 4, p. 713. Sbc. 1342. Art. of War 122. If, upon marches, guards, or in quarters. Command when different corps of the Army happen to join or do duty together, the offi- different corps • oer highest in rank of the line of the Army, Marine Corps, or Militia, happen to jom. by commission, there on duty or in quarters, shall command the whole, and give orders lor what is needful to the service, unless otherwise speci- ally directed by the President, according to the nature of the case. 3 March, 1863, a. 27, v. 12, p. 736. 3 March, 1863, s. 25, v. 12, p. 754. Sec. 1421. Any person enlisted in the military service of the United Title 15, Chap. 1, States may, on application to the Navy Departanent, approved by the — -r— President, be transferred to the Navy or Marine Corps, to serve therein mjlite^y to navS the residue of his term of enlistment, subject to the laws and regula- service, tions for the government of the Navy. But such transfer shall not re- lease him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. 1 July, 1864, s. 1, V. 13, p. 342. 107 108 ORGANIZATION, ETC. Kamber of. Title 15, Chap. 9. Sbc. 1596. The Marine Corps of the United States shall conslstof one ■ commandant, with ihe rank and pay of a colonel, one colonel, two lieuten- ant-colonels, four majors, one adjutant and inspector, one paymaster, one quartermaster, two assistant quartermasters, twenty captains, thirty first lieutenants, thirty second lieutenants, one sergeant-major, one quartermaster-sergeant, one drum-major, one principal musician, two hundred sergeants, two hundred and twenty corporals, thirty mu- sicians for a band, sixty drummers, sixty fifers, and twenty-five hun- dred privates. 25 Jnly, 1861, s. 7, v. 12, p. 275. 2 Mar., 1867, 8. 7, t. 14, p. 517. 6 June, 1874, v. 18, p. 58. • ^ The commandant is stationed at the headquarters of the Marine Corps, 'Wash- ington, D. C. : is responsible to the Secretary of the Navy for the general efl- clency and discipline of the corps, and under his direction issues, through the. * office of the adjutant and inspector of the corps, orders for the movement of officers and troops, and anch general orders and instructions for their guidance as may be necessary. In the absence of the commandant on duty, the business ' of his office is conducted by the ad,1utant and inspector, as " oy order of the commandant " j in case of his absence on leave, disability, retirement, or death, his duties are performed by the adjutant and inspector, as "by direction of the Secretary of the Navy ". When number gj;c. 1597. The provisions of the preceding section shall not preclude bypromoton* ^^^ advancement of any officer to a higher grade for distinguished con- duct in conflict with the enemy, or for extraordinary heroism in the line of his profession, as authorized by sections sixteen hundred and five and sixteen hundred and seven. 25 July, 1861, s. 2, v. 12, p. 275. 16 July, 1862, 8. 9, v. 12, p. 584. 24 Jan., 1865, s. 2, v. 13, p. 424. Staff. Sec. 1598. The staff of the Marine Corps shall be separate from the line. 2 Mar., 1847, s. 3, v. 9, p. 154. 30 June, 1834, s. 6, v. 4, p. 713. Appointments. Sbc. 1599. Superseded by act of August 5, 1882, as follows : All the un- dergraduates at the Naval Academy shall hereafter be designated and called ' ' naval cadets " ; and from those who successfully complete the six years' course appointments shall hereafter be made as it is neces- sary to fill vacancies in the lower grades of the line and engineer corps of the Navy and of the Marine Corps : And provided further, That no greater number of appointmeats into these grades shall be made each year than shall equal -the number of vacancies which has occurred in the same grades during the preceding year ; such appointments to be made from the graduates of the year at the conclusion of their six years' course, in the order of merit, as determined by the academic board of the Naval Academy j the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the academic board. 5 Aug., 1882, o. 1, P. E. L., p. 285. Credit for vol- Sbc. 1600. All marine officers shall be credited with the length of • nnteer service, time they may have been employed as officers or enlisted men in the volunteer service of the United States. [See Aug. 5, 1882, Part I, under Volunteer Service.] 2 Mar., 1867, s. 3, v. 14, p. 516. Bank and pay Sbc. 1601. The commandant of the Marine Corps shall have the rank of commandant, and pay of a colonel, and shall be appointed ly selection iy the President from the officers of said corps. 2 Mar., 1867, s. 7, v. 14, p. 617. 6 June, 1874, v. 18, p. 58. Staff rank. Sec. 1602. The adjutant and inspector, the paymaster, and the quar- termaster shall have the rank of major ; each assistant quartermaster shall have the rank of captain. ". Mar., 1847, s. 3, v. 9, p. 154. ".7 Fp1» 'Sll -r. 19, p. 244. OEGANIZATION, ETC. 109 Sec. 1603. The ofScerB of the Marine Corps shall be, in relation to Relative rank rank, on the same footing as officers of similar grades in the Army. '^*'' *^® Army, [See 1466, Rank and Prbcedbnce, Part I.] 30 Jxine, 1834, s. 4, r. 4, p. 713. That the President of the United States be, and he is hereby, author- June 8, 1880. ized to appoint, for the term of four years, by and with the advice anc|i jndge-advo- consent of the Senate, from the officers of the Navy or the Marine Corps, oate-generaL a judge-advocate-general of the Navy, with the rank, pay, and allow- ances of a captain in the Navy or a colonel in the Marine Corps, as the case maj'^ be. And the office of the said judge-ad vooate-general shall Office in the be iu the Navy Department, where he shall, under the direction of the Navy Departm't. Secretary of the Navy, receive, revise, and have recorded the proceed- ings of all courts-martial, courts of inquiry, and boards for the exami- nation of officers for retirement and promotion in the naval service, and perform such other duties as have heretofore been performed by "the so- licitor and naval judge-advocate-general. [See note, page 15, Part I.] 8 June, 1880, v. 21, p. 164, oh. 129. Sec. 1604. Commissions by brevet may be conferred upon commis- Title 15, Chap. 1). sioned officers of the Marine Corps in the same cases, upon the same con- '^ Z ditioDs, and iu the game manner as are or may be provided by law for ™^^ ' officers of the Army. 16 Apr., 1814, s. 3, v. 3, p. 124. 16 Apr., 1818, s. 2, v. 3, p. 427. 30 June, 1834, 8. 9, v. 4, p. 713. 6 Jnly, 1812, s. 4, v. 2, p. 785. 1 Mar., 1869, s. 2, v. 15, p. 281. 3 Mar., 1869, s. 7, T.15, p. 318. 15 Jnly, 1870, s. 16, v. 16, p. 319. The following are the sections relating to the conferring of brevets Title 14, Chap. I. in the Army : "^^i^Ss ' Sec. 1209. The President, by and with the advice and consent of the Senate, may, in time of war, confer commissions by brevet upon com- missioned officers of the Army, for distinguished conduct and public service in presence of the enemy. 6 July, 1812, s. i, V. 2, p. 785. 16 April, 1818, s. 2, v. 3, p. 427. 1 March, 1869, s. 2, v. 15, p. 281. Sec. 1210. Brevet commissions shall bear date from the particular action or service for which the officers were brevetted. 1 March, 1869, s. 2, v. 15, p. 281. Sec. 1211. Officers may be assigned to duty or command according to their brevet rank by special assignment of the President ; and brevet rank shall not entitle an officer to precedence or command except when so assigned. 16 April, 1818, s. 1, V. 3, p. 427. 3 March, 1869, s. 7, v. 15, p. 318. Sec. 1212. No officer shall be entitled, on account of having been brevetted, to wear, while on duty, any uniform other than that of his actual rank ; and no officer shall be addressed in orders or official com- munications by any title other than that of his actual rank. 15 July, 1870, o. 16, v. 16, p. 319. Sec. 1264. Brevets conferred on commissioned officers shall not entitle Title 16, Chap. 3. them to any increase of pay. 3 March, 1863, v. 12, p. 758. 3 March, 1863, s. 9, v. 13, p. 488. Officers of the Army shall only be assigned to duty or command ac- 3 March, 1883. cording to their brevet rank when actually engaged in hostilities. 3 March, 1883, a. 1, P. E. L,, p. 457. ■ Sec. 1605. Any officer of the Marine Corps may, by and with the ad- Title 15, Chap. ». vice and consent of the Senate, be advanced not exceeding thirty num- Advancemen t bers in rank, for eminent and conspicuous conduct in battll or extra- in nnmher. ordinary heroism. 24 Jan., 1865, s. 1, v. 13, p. 424. 21 Apr. , 1864, s. q, v. 1 3, p, 54. % Sec. 1606. Any officer who is noiliinated to a higher grade by the Promotion provisions of the preceding section shall be promoted, notwithstand- ^*° grade is ing the number of said grade may be full, but no further promotion 110 OEGANIZATION, ETC. shall take place in that grade, except for like cause, until the number is reduced to that provided by law. 24 Jan., 1865, s. 2, v. 13, p. 424. Promotion for Sec. 1607. Any ofiScer of the Marine Corps may, by and with the ad- gallantry, yjgg g,,j(^ consent of the Senate, be advanced one grade, if, upon recom- mendendation of the President by name, he receives the thanks of Con- gress for highly distinguished conduct in conflict with the enemy, or • for extraordinary heroism in the line of his profession. 16 .July, 1862, 8. B, V. 12, p. 584. 24 Jan., 1865, 8. 2, v. 13, p. 424. BnJistmentB. Sbc. 1608. Enlistments into the Marine Corps shall be for a period not less than five years. llJnly,1870. Ees. 106, V. 16, p. 387. IfOTE. — It is not in the power of the Secretary [of War] to enspend the en- listment of a soldier, retaining the right to resume his proper control over him as an enlisted man at any definite or indefinite period. He may discharge him from the service accordingto the contract which is made hy enlistment, hut the right to suspend the contract does not exist upon the part of the Secretary, even with the consent of the soldier. To use the language of Attorney -G-eneral Cltftbrd (Op. 4, 538), "The Executive Department has discretionary authority to discharge before the term of service has expired, but has no power to vary the contract of enlistment." Op. XV, 362, Devens, Sept. 4, 1877. Notes.— Enlisted men serving within the United States can be discharged by order of the commandant on expiration of enlistment, in pursuance of the sen- tence of a general or summary court-martial, or by reason of unfitness for service from causes properly ascertained. Special discharges are not issued by the commandant except in cases of urgent necessity, and when, in his opinion, such discharge will not be prejudicial to the interests of the service. The regulations for the recruiting service of the Army are applied, as far as practicable, to the recruiting service of the Marine Corps. No person is enlisted or re-enlisted other than as private, drummer, fifer, or apprentice. Marines will not be enlisted nor discharged on foreign stations. Oath. Sbc. 1609. The officers and enlisted men of the Marine Corps shall take the same oaths, respectively, which are provided by law for the officers and enlisted men of the Army. 11 July, 1798, s. 4, V. 1, p. 595. Oath for enlisted men. Title 14, «liap. S. Sec. 1342, Art. 2. " I, A B, do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America ; that I Oath. ^jjj gerye them honestly and faithfully against all their enemies whom- soever; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and articles of war." This oath may be taken before any com- missioned officer of the Army. 29 January, 1813, s. 13, v. 2, p. 796. 3 Aug., 1861, s. 11, V. 12, p. 289. Title 15, Chap. 9. Sec. 1610. Marines shall be exempt, while enlisted in said service, : — from all personal arrest for debt or contract. fro'L^^rSsV • ° " 30 June, 1834, s. 3, v. 4, p. 713. 11 July, 1798, s. 5, V. 1, p. 595. Companies and ^EC. 1611. The Marine Corps may be formed into as many companies detachments. or detachments as the President may direct, with a proper distribution of the commissioned and non-commissioned officers and musicians to each company or detachment. 11 July, 1798, 8. 1, V. 1, p. 694. Title 16, Chap. 1» Sec. 1616. Marines may be detached for service on board the armed — -, .vessels of the United States, and the President may detach and appoint, amf d^'^^l °" ^°^ service on said vessels, such of the officers of said corps as he may e vesse s. ^^em necessary. * 11 July, 1798, ss. 1, 3, v. 1, p. 595. 1 July, 1797, B. 4, V. 1, p. 523. Not to com- Sec. 1617. No officer of the Marine Corps shall exercise command over ve*°el8.'' •^ ^'^y navy-yard or vessel of the United States. 30 June, 1834, s. 4, v. 4, p. 713. Marines as Sbc. 1618. The President may substitute marines for landsmen in the landsmen. Navy, as far as he may deem it for the good of the service. 3 March, 1849, c 1, v. 9, p. 377. RETIREMENT. Ill Sec. 1619. The Marine Corps shall he liable to do duty in the forts Duty on shore, and garrisons of the United States, on the sea-coast, or any other duty on shore, as the President, at his discretion, may direct. U July, 1798, s. 6, v. 1, p. 596. Sbc. 1620. The President is authorized to prescribe such mililjfiry Eesnlationsfor regulations for the discipline of the Marine Corps as he may deem ex- "'soiP^ue. pedient. 30 Jnne, 1834, s. 8, v. 4, p. 713. Sec. 1621. The Marine Corps shall, at all times, be subject to the laws Xawsandregn- and regulations established for the government of the Navy, except '**^?°^*° ^^^"'^ ■when detached for service with the Army by order of the President ; ^" ^"^ ' and when so detached they shall be subject to the rules and articles of war prescribed for the government of the Army. 30 Jane, 1834, s. 2, v. 4, p. 713. 11 July, 1798, s. 4, v. 1, p. 596. Every military post may have one trader, to be appointed by the Sec- 24 July, 1870. retary of War, on the recommendation of the council of administration, ■ approved by the commanding officer, who shall be subject in all respects to the rules and Regulations for the government of the Army, 24 July, 1876, V. 19, p. 97. Notes.— The Secretary of the Nary determines at what marine posts traders shaU he allowed, and appoints them on the recommendation of the coujicil of administration, formed under Army regulations, approved by the commanding oHicers of the post and the commandant of the station. Post traders are governed by the Army regulations, and such orders aa the commandant of the Marine Corps may issue. They cannot keep, have, or sell spirituous liquors. — Order of the Secretary of the Navy, March 16, 1883. Post traders are subject to the regulations of the Army ^plicable to the occu- pation or business carried on by them, in like manner, and to the same extent, that sutlers were.— Op. XVI, 668, Feb. 2, 1880. Phillips. Sec. 1624, Akt. 10. Any commissioned officer of the Navy or Marine Title 15,Chnp. 10. Corps who, having tendered his resignation, quits his post or proper geo. 1624. duties without leave, and with Intent to remain permanently absent Desertion by therefrom, prior to due notice of the acceptance of such resignation, sha 11 resignation, be deemed and punished as a deserter. 6 Aug., 1861, s. 2, V. 12, p. 316. Post traders. UBTIREME^T— Marine Corps. Sec. 1S22. Setirement, as in tjie Army. Sec. 1623. Composition of board. Retirement in the Army. Sec. 1243. Betirement upon oflBcer's own application. 1244. After forty-five years, or atthe age of sixty- two. . Amendments. 1245. For disability. 1247. Oath of members. 1248. Powers and duties. 1249. Findings. 1250. Kevision by the President. 1251. Finding of disability by incident of service. Sec. 1252. Disability not by an incident of service. 1253. Ofiicers entitled to a hearing. 1254. Betiredrank. 1255. Status of retired of&cers. 1256. Bights and liabilities. 1267. Vacancies by retirement. 1574. Pay. 1575. Wholly retired. . Bank and pay. Sec. 1622. The commissioned officers of the Marine Corps shall be re- Title IB, Ch»p. 9. tiredin like cases, in the same manner, and with the same relative con- uetirement. ditions, in all respects, as are provided for officers of the Army, except as is otherwise provided in the next section. 3 Aug., 1861, ss. 1!5, 16, 17, v. 12, p. 289. 16 July, 1870, s. 4, v. 1«, p. 317. 17 July, 1862, a. 12, V. 12, p. 596. 10 June, 1872, s. 1, v. 17, p. 378. 21 Jan., 1870, s. 1, v. 16, p. 62. Sec. 1623. In case of an officer of the Marine Corps, the retiring Ketiring board, board shall be selected by the Secretary of the Navy, under the direc- howcomposea. tion of the President. Two-fifths of the board shall be selected from the Medical Corps of the Navy, and the remainder shall be selected 112 EETIKEMENT. from officers of the Marine Corps, senior in rank, so far as may be, to th.e officer whose disability is to be mquiied of. 3 Aug., 1861, s. 17, V. 12, p. 289. XOTE. — Retirement in the Marine Corps is governed by sees. 1622, 1623, E. S. ; t. e., officers are to be retired in like caaes and in the same manner and " with , the same relative condltijins in all respects " as officers of the Army. Wholly retired,, to receive one year's pay and emoluments ; otherwise retired, 75 per cent, of the pay of the "actual rank" held by them at the time of retirement. — Op. XV, p. 442, Devens, Jan. 31, 1878. "Welles case. An officer of the Marine Corps is not subject to the requirements of sec. 1493 (relating to the promotion of officers of the Navy) on coming np for pro- motion.— Op. June 16, 1881, MaoVoagh, Major Houston's case. Title 14, Chap. 2. The following sections relate to retirement in the Army : Retirement on Sbc. 1243. When an officer has served forty consecutive years as a own application, commissioned officer, he shall, if he makes application therefor to the President, be retired from active service and placed upon the retired list. When an officer has been thirty years in service, he may, upon his own application, in the discretion of the' President, be so retired, and placed oa the retired list. [See 30 June, 1882, and 3 March, 1883, . post. ] 3 Aug., 1861, s. 15, V. 12, p. 289. 15 July, 1870, ss. 4, 5, v. 16, p. 317. After 45 years, Sec. 1244. When any officer has served forty-flve years as a commis- or when 62. sioned officer, or is sixty-two years old, he may be retired from active service at the discretion of the President. [See 30 June, 1882, and 3 March, 1863, i)OSt.] 17 July, 1862, s. 12, v. 12, p. 596. 30 June, 1882. On and after the passage of this act when an officer has served forty 7 7 years either as an officer or soldier in the regular or volunteer service, ter 4o'^year8 ser- °^ both, he shall, if he make application therefor to the President, be vice on own ap- retired from active service and placed on the retired list, and when an plication. officer is sixty-four years of age, he shall be retired from active service ^«* V«™»"* and placed on the retired list, compulsory at 64 ^ years of age. 30 June, 1883, chap. 254, s. 1, P. B. L., p. 118. 3 March, 1883. Nothing contained in the above " shall be so construed as to prevent, limit or restrict retirements from active service in the Army, as author- ized by law in force at the date of the approval of said act," retirement nnrler the provisions thereof " being in addition to those theretofore authorized by law." 3 March, 1883, chap. 93, s. 1, P. E. L., p. 457. ' For disability. Sec. 1245. When any officer has become incapable of performing the duties of his office, he shall be either retired from active service, or wholly retired from the service, by the President, as hereinafter pro- vided. 3 Aug., 1861, 8. 18, V. 12, p. 289. Board, and Sec. 1247. The inembers of said board shall be sworn in every case powers and du- ^o discharge their duties honestly and impartially. '®' " ■ Sec. 1248. A retiring board may inquire into and determine the facts touching the nature and occasion of the disability of any officer who appears to be incapable of performing the duties of his office, and shall have such powers of a court-martial and of a court of inquiry as may be necessary for that purpose. Sec. 1249. When the board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, has produced his incapacity, and whether such cause is an incident of service. Sec. 1250. The proceedings and decision of the board shall be trans- mitted to the Secretary of War, and shall be laid by him before the President for his approval or disapproval and orders in the case. Sec. 1251. When a retiring board finds that an officer is incapacitated for active service, and that his incapacity is the result of an incident of service, and such decision is approved by the President, said officer shall be retired from active service and placed on the list of retired officers. * Sec. 1252. When the board finds that an officer is incapacitated for active service, and that his incapacity is not the result of any incident of service, and its decision is approved by the President, the officer shall be retired from active service, or wholly retired from the service, RETIREMENT. 113 as the President may determine. The names of officers wholly retired from the service shall be omitted from the Army Register. Sec. 1253. Except in cases where an officer may be retired by the Officers entitled President upon his own application, or by reason of his having served to a tearing. forty-five years, or of his being sixty-two years old, no officer shall be retired from active service, nor shall an officer, in any case, be whoUy retired from the service, without a full and fair hearing before an Army retiring board, if, upon due summons, he demands it. 3 Aug., 1861, 8. 17, V. 12, p. 290. Sec. 1354, Officers hereafter retired from active service shall be re- Hank, tired upon the actual rank held by them at the date of retirement. [See March 3, 1875.] 10 June, 1872, v. 17, p. 378. 3 March, 1876, v. 18, p. 512. Sec. 1255. Officers retired fi'om active service shall be withdrawn Status, from command and from the line of promotion. 3 Aug., 1861, 8. 16, V. 12, p. 289. 17 July, 1862, 8. 12, v. 12, p. 596. Sec. 1256. Officers retired from active service shall be entitled to Eights and lia- wear the uniform of the rank on which they may be retired. They '''Cities, shall continue to be borne on the Army Register, and shall be subject to the rales and articles of war, and to trial by general court-martial for any breach thereof. 3 Aug., 1861, 8. 18, V. 12, p. 290. Sec. 1257. When any officer in the line of promotion is retired from Vacancies., active service, the next officer in rank shall be promoted to his place, . according to the established rules of the service ; and the same rule of promotion shall be applied, successively, to the vacancies consequent upon such retfrement. Ibid., B. 16. Sec. 1274. Officers retired from active service shall receive seventy- TK'e 1*. Chap. 3. five per centum of the pay of the rank upon which they are retired. [See p.„ i)o««, March 3, 1875.] ^*^- 15 July, 1870, 8. 24, v. 16, p. 330. 3 March, 1875, v. 18, p. 5l2. NoTO. — An officer of the Army who is "retired from active service " is still in the military service of the United States, and, in addition to the percentage of pay of the rank on which he was retired, is entitled to the ten per cent, allowed by E. S. 1262, 1263 for each term of fire vears service.— Otto 105, 244, Tyler v. tr. S. C. C. XVI, 223. See note under 1267, p. 116. Sec. 1275. Officers wholly retired from the service shall be entitled Whully retired. to receive, upon their retirement, one year's pay and allowances of the highest rank held by them, whether by staffer regimental commission, at the time of their retirement. 3 Aug., 1861, 8. 17, V. 12, p. 290. That all officers of the Army who have been heretofore retired by Mari-h 3, 1875. reason of disability arising from wounds received in action shall be ~7, — ; ', ~ considered as retired upon the actual rank held by them, whether n^l^'outtafn in the regular or volunteer service, at the time when such wound conditinns. was received, and shall be borne on the retired list and receive pay hereafter accordingly ; and this section shall be taken and construed to include those now borne on the retired list placed upon it on ac- count of wounds received in action : Provided, That no part of the foregoing act shall apply to those officers who had been in service as commissioned officers twenty-five years at the date of their retire- g^g qp. XV ment ; nor to those retired officers who had lost an arm or leg, or has an 83, 199, and 407. ' arm or leg permanently disabled by reason of resection, on account of wounds, or both eyes by reason of wounds received in battle; and every such officer now borne on the retired list shall be continued thereon notwithstanding the provisions of section two [one], chapter thirty- eight, act of March thirty, eighteen hundred and sixty-eight [§ 1223] : And be it also provided, That no retired officer shall be affected by this act, who has been retired or may hereafter be retired on the rank held by him at the time of his retirement ; and that all acts or parts of acts inconsistent herewith be, and are hereby, repealed. 3 March, 1875, s. 2, v. 18, p. 512. 11181 8 114 PAYj RATIONS, AND MILEAGE OF MARINE CORPS. KOTHS. — Under section 1253 an officer is entitled to appear before the board (■with counsel, if desired), and to introduce testimonj of his own, and cross- examine the -witnesses examined by the board, including the medical members of the board who may have taken part in the medical examination and have stated or reported to the board the result of the same. If the officer does not elect to appear before the board when sununoned he waives the right to ahear- ing, and cannot properly take exception to a conclusion arrived at in his ab- sence.— "Winthrop's Digest, p. 432. A retired officer in the Army may draw his pay as such, and may also draw the salary of a civil office which he may hold under the G-ovemment (not diplo- matic or consular), assuming always that the duties of the civil office are per- formed under and by virtue of a commission appointing him to that office which he holds in addition to his rank as a retired officer. — Op. XV, p. 306, June 11, 1877, Devens. See Op. XV, p. 407, Deo. 11, 1877, on the subject of retired officers accepting positions in the diplomatic or consular service. An officer, on being wholly retired, becomes a civilian, and can be readmitted to the service only by a new appointment. He cannot be reappointed to the retired list, but must first be appointed on the active list to a certain rank. Kone but a commissioned officer on the active list of the Army can be placed on the retired Ust. A civilian cannot.— Winthrop's Digest, p. 433. Op. XIV, 506. The finding of a retiring board under sec. 1521, is in the nature of a recom- mendation, and until it is "approved by the President" no retirement can be ordered therenpon. — Winthrop, 431. It does not a^ect the authority to retire, that the incapacity of the officer may have resulted from a wound received by him while in the volunteer service before entering the regular army. — Idem. Under section 1252 an officer may, in the discretion of the President, le^lly be retired by reason of incapacity resulting from habitual drunkenness. — Win- throp's Digest, p. 432. ^ Under section 1275 an officer wholly retired is entitled to receive a sum equal to the total of one year's pay, and all the pecuniary allowances of an officer of his rank. The fact of being under a sentence of suspension from rank andpay does not affect his right to .receive such full sum upon the retirement. — Win- throp's Digest, 432. Seld, that a retired officer of the Army, though not a4;iiv^y employed, was an "officer in the employment of the Government," in the sense of this stat- ute. Sec. 1782. Eeceiving compensation for services in matters in which the government is interested. — Winthrop's Digest, p. 434. Seld, that retired officers of the Army, though relieved in general from ac- tive military service, were nevertheless, as a part of the Army, properly ex- empt from the public obligations peculiar to civilians, and were, therefore, no more liable than officers on the active list to be requii'ed to serve on juries. The question, however, of exemption is one for the determination of the courts. Advised, in such a case, that the officer appear before the court, in compliance with the summons, and there urge to the judge the objection arising from hie military status to his serving on a civil jury. — Winthrop's Digest, 433. PAY, EATIONS, AND MILEAGE OF THE MARINE CORPS. Sec. I Sec. 1612. Pay of ofl&cers and enlisted men. 1 1614. Deduction for hospitals. 1613. Fay of the band. I 1615. Bations. Title 15,Cbap.U. Sec. 1612. The officers of the Marine Corps shall be entitled to re- Parof Marine "^^^^ *^^ same pay and allowances, and the enlisted men shall be en- Corps, titled to receive the same pay and bounty for re-enlisting, as are or may be provided by or in pursuance of law for the officers and enlisted men of like grades in the infantry of the Army. [See tables, posW] 30 June, 1834, a. 5, v. 4, p. 713. 5 Aug., 1854, a. 1, v. 10, p. 586. Marine band. Sec. 1613. The marines who compose the corps of musicians known as the "Marine band" shall be entitled to receive at the rate of four dollars a month, each, in addition to their pay as non-commissioned officers, musicians, or privates of the Marine Corps, so long as they shall perform, by order of the Secretary of the Navy, or other superior officer, on the Capitol grounds or the President's grounds. 18 Aug., 1866, s. 5, v. 11, p. 118. 5 Aug., 1854, 8. 1, v. 10, p. 586. Deduction for Sec. 1614. The Secretary of the Navy shall deduct from the pay due hospitals. each of the officers and enlisted men of the Marine Corps at the rate of twenty cents per month for every officer and marine, to be applied to the fund for Navy hospitals. 2 March, 1799, 3. 2, v. 1, p. 729. 26 Feb., 1811, s. 1, v. 2, p. 660. Rations of en- Skc. 1615. The non-oommissioned officers, privates, and musicians ol liated men. ^^j^g Marine Corps shall, each, be entitled to receive one Navy ration daily. 11 July, 1798, s. 2, T. 1, p. 595. 1 July, 1797, s. 6, t. 1, p. 524. PAY, EATIONS, AND MILEAGE OF MARINE CORPS. Pay-tahU of officers as per sections following. 115 Grades. Colonel oonimaudaut Colonel , Ineutenant-colonel Major (staff and line) Captain and assistant quartermaster Captain First nontenant , Second lieutenant Pay per an- num. $3,S00 3,500 3,000 2,500 2,000 1,800 1,500 1,400 KoTE. — An officers below the rank of brisadler-general are entitled to ten per centum in addition to their current yearlypay as given above, for each and «very period of five years' service; Provided, Thetotalamonnt of such increase shall not exceed forty per centum of their current yearly pay : And provided Jurther, That the pay of a colonel shall iiot exceed $1,500 per annum, and that of a lientenant^colonel $4,000 per annum. [Sec. 1267, B. S.T Officers on the re- tired list are entitled to seventy-five per centum of pay (salary and inoreaae) of their rank, hut no increase accrues for time subsequent to date of retirement. {Sec. 1264, Retirsment.I Statutes relating to the Army which apply to the Marine Corps. PAY OF OFFICERS. Pay during absence. Maximum of colonel's and lieutenant-col-. onel's pay. To be paid monthly. -Allowances. Sec. Sec. 1261. Bates of pay. 1265. 1262. Service pay. 1267. 1263. Not to exceed forty per centum on yearly pay. 1268. Longevity pay and retirement. 1269. 4264. Brevets. Sbo. 1261. The officers of the Army shall be entitled to the pay herein Title '*, Chap. 3. stated after their respective designations : ' Colonel, three thousand five hundred dollars a year. [See § 1267.] Bates of pay. Lientenant-oolonel, three thousand dollars a year. [See § 1267.] Major, two thousand five hundred dollars a year. # « * * » * • Captain, mounted, two thousand dollars a year. Captain, not mounted, eighteen hundred dollars a year. First lieutenant, mounted, sixteen hundred dollars a year. First lieutenant, not mounted, fifteen hundred dollars a year. Second lieutenant, mounted, fifteen hundred dollars a year. Second lieutenant, not mounted, fourteen hundred dollars a year. 2 March, 1867, s. 7, v. 14, p. 423. 15 June, 1870, a. 24, v. 16, p. 320. 24 July, 1876, v. 19, p. 97. Note. — Officers are not "mounted," so as to entitle them to the "pay, emolu- ments, and allowances of cavalry officers of the same grade," wh en th ey are furnished by the Government with horses and equipments. — C. C. Xvii, 132. Sbo. 1262. There shall be allowed and paid to each commissioned Service pay. officei' below the rank of brigadier-general, including chaplains and others having assimilated rank or pay, ten per centum of their current yearly pay for each term of five years of service. [See June 18, 1878, and June 30, 1882.] , 15 July, 1870, s. 24, V. 16, p. 820. IfOTE. An officer's longevity pay is to be computed, not from the time of his entering West Point, but &om the time when he was commissioned second lieu- tenant.— C. C. XVI, 262. BabtitVs case. Sbc. 1263. The total amount of such increase for length of service shall in no case exceed forty per centum on the yearlypay of the grade as provided by law. [See June 18, 1878, and June 30, 1882.] Ide/m. On and after the passage of this act, aU officers of the Army of the United States who have served as officers in the volunteer forces during £„„ge •the war of the rebellion, or as enlisted men in the armies of the United and retl States, regular or volunteer, shall be, and are hereby, credited with the June 18, 1878. 116 PAT, RATIONS, AND MILEAGE OF MAEINE CORPS. full time they may have served as such officers and as such enlisted men in computing their service for longevity pay and retirement. 18 Jnne, 1878, s. 7, v. 20, p. 145. June 30, 1882. The actual time of service in the Army or Navy, or both, shall be allowed all officers in computing their pay : Provided, That from and ' lonemWiDaT a^er the first day of July, eighteen hundred and eighty-two, the ten e ly P y- pgj. {.gutum increase for length of service allowed to certain officers by section twelve hundred and sixty-two of the Revised Statutes shall be computed on the yearly pay of the grade fixed by sections twelve hun- dred and sixty-one and twelve hundred and seventy-four of the Revised Statutes. [Sec. 1274, Retirement.] 30 June, 1882, clap. 254, s. 1, P. E. L., p. 118. Title 14, Chap. 3. Sec. 1264. Brevets conferred upon commissioned officers shall not Brevets entitle them to any increase of pay. 3 March, 1863, v. 12, p. 758. 3 March, 1865, 8. 9,, v. 13, p. 488. Pay during ab- Sbc. 1265. Officers when absent on account of sickness or wouuds, or sence. lawfully absent from duty and waiting orders, shall receive full pay ; when absent with leave, for other causes, full pay during such ab- sence not exceeding in the aggregate thirty days in one year, and half- pay during such absence exceeding thirty days in one year. When absent without leave, they shall forfeit all pay during such absence, unless the absence is excused as unavoidable. [See 29 July, 1876, post.'] 3 Aug., 1861, 8. 20, V. 12, p. 290. 16 July, 1870, s. 24, v. 16, p. 320. 3 March, 1863, s. 31, v. 12, p. 736. 8 May, 1874, v. 18, p. 43. 20 June, 1864, b. 11, v. 13, p. 146. 29 July, 1876, v. 19, p. 102. 29 July, 1876. All officers on duty shall be allowed, in the discretion of the Secre- Pay when ab- ^^^^ "^ War, sixty days' leave of absence without deduction of pay or sent. allowance : Provided, That the same be taken once in two years : And provided. further, That the leave of absence may be extended to three months, if taken once only in three years, or four months if taken only once in four years. 29 July, 1876, v. 19, p. 202. 8 May, 1874, v. 18, p. 43. Notes.— This act, taken in connection with section 24 of the act of July 15, 1870, continued to Army officers on leave of absence (during the period for wMcb such leave may be granted them thereunder "without deduction of pay or al- lowances") quarters in, kind, but it did not authorize an allowance of commutar tioh therefor. [See next note.)— Op. XVI, p. 619, Jan. 16. 1879. Phillips. Where an officer, to whom leave of absence ' ' without deduction of pay or allow- ances " has been panted, is at the time he takes his leave entitled to the allow- ajice of commutation for miarters, this allowance must be deemed to be con- tinued to him, by force of that provision, whilst he is on leave of absence, though for aperiod not exceeding that for which the leave was granted thereunder. — Op. XYl, p. 577 ; Nov. 15, 1880. Devena. Where a military officer is ordered to the headquarters of a department to await further orders, and pursuant to the order remains there for a long period performing no duty, he is nevertheless entitled to quarters or commutation of quarters.— C. C. XIV, p. 148. Lippitt v. V. S. Title 14, Chap. 3. Sec. 1267. In no case shall the pay of a colonel exceed four thousand Maximum o f ?'^® hundred dollars a year, or the pay of a lieuteu ant-colonel exceed colonel's andlien- WUT thousand dollars a year. ten ant-colonel's 15 July, 1870, s. 24, v. 16, p. 320. ^*^' Note — A lieutenant-colonel retired is entitled to three-fourths of what he was eutitled to receive when retired, and not three-fourths of allowances which he was debarred from receiving under tliis section.- C. O.X.p. 283. Bobert'i case. To be paid Sec. 1268. The sums hereinbefore allowed shall be paid in monthly monthly. payments by the paymaster. Ibid. Allowances. Sec. 1269. No allowances shall be made to officers in addition to their pay except as hereinafter provided. [See Mileage, Quarters, &c.] Ibid. PAY, EATIONS, AND MILEAGE OF MARINE CORPS. 117 PAY-TABLK OF NON-OOMMISSIONED OFPICEKS, AC, AS PER SECTIONS FOLLOWING. Grades. Setgeant-iuEuur Qaaxtermaster-sergeant Dnim-major Krst sergeant Sergeant Corporal , DrniDmers and fifera Privates Leader of the hand Musician, first class Musician, second class . Musician, third class ... S « aj i« iw i-o n, 302 ; V, 176. Adjusted accounts should not, as a rule, be re-qpened without authority of law.— Op. II, 625, 640; IH, 148, 481, 521; IV, 378; X, 231; XI, 129. If duly settled, adjusted, and closed by the proper officers, upon a full knowl- edge of all the facts, and no errors in calculation have been made, an account cannot be re-opened without express authority of law. — Op. XII, 386 ; Brown- ing, Ap, 2e, 1868. See also Op. IX, 505. According to the general practice of the Treasury, accounts are never closed ; and in neither the' legal nor mercantile sense of the terra is an officer's account with the Treasury ever "finally adjusted." — C. C, XIV, 114. The accounting officers in settling accounts and claims have a right to adopt the report of a committee in Congress as establishing the principles which are to govern them in the examination thereof. A bill is considered part of a re- port, and its passage a virtual adoption thereof. The report is in the light of a preamble to the law. — Op. I, 596. There is a difference between the construction placed upon an act by individual members in debate and the opinion of the committee having the matter in charge. Proper to look into the report of the committee in giving construction to ambigu- ous language in an act. — Op: XIV, 624, Wiliams, February 21, 1874. The rejection of a claim, in whole or in part, by the accounting officers leaves 125 Claims 126 ACCOUNTING OFFICERS AND ACCOUNTS. the party free to pursue his remedy at law, viz, an action in the Court of although he may have accepted the portion allowed.^3. C, Xvil, 288. A pure matter of account belongs to the Department; does not helong totho Court of Claims until it is within the range of judicial cognizance. Account- ing Bureaus were organized to settle accounts; the Court of Cladma waa estab- lished to adjudicate ^ims. Unless a case becomes such s& to "involve dis- puted facts or controverted questions of lAw," it is an account; when it does it IS a claim.— C. C, T.'5, p. 293. Commencement Sbc. 237. The fiscal year of the Treasury of the United States in all ■oftheflspalyear. matters of accounts, receipts, expenditures, estimates, and appropria- tions, * * shall commence on the first day of July in each year ; and all accounts of receipts and expenditures required by law to be published annually shall be prepared and published for the fiscal year as thus es- tablished. * * 26 Aug., 1842, ss. 1, 2, v. 5, p. 536. 8 May, 1872, s. 1, v. 17, p. 61. 3 March, 1873, s. 1, v. 17, p. 486. |TitleT,Cbap.2. Sbc. 250. The Secretary of the Treasury shall cause all accounts ot — z*— j -the expenditure of public money to be settled within each fiscal year, acoonnt8"wH;hto®^*'^P* ^Jiere the distance of the places where such expenditure occurs fiscal year. may be such as to make further time necessary ; and in respect to ex- penditures at such places, the Secretary of the Treasury, with the assent of the President, shall establish fixed periods at which a settlement shall be required. 3 March, 1817, s. 13, v. 3, p. 368. Notes.— Inactions of a day are not noticed for legal purposes. If the law authorizes a certain thing to oe done within a certain number of days, the^tfC day is excluded &om the calculation. Divisions of a day excluded in public proceedings.— Op. IX, 132, Black, March 10, 1858. Whole quarter of a year means a whole fiscal quarter in accordance with the division of a year used in the Treasury Department from its organization. — Op. HI, p. 156, Butler, Oct. 27, 1836. Two years from and after the 4th of March, 1836, includes the 4th of March, 1838.-^p. m, p. 157, Butler, Nov. 3, 1836. "From and after," " On and after," are equivalents of each other. — Op. XTV, p. 542, Williams, Maioh 10, 1875. Reports upon Sec. 260. The Secretary of the Treasury shall lay before Congress at appropriations the commencement of each regular session, accompanying his annual ofWar and Navy! s*^*^™^"^* "^ ^^^ public expenditure, the reports which may be made ' to biTTi by the Auditors charged with the examination of the aoodunts of the Department of War and the Department of the Navy, respect- ively, showing the application of the money appropriated for those De- partments for the preceding year. 3 March, 1817, s. 6, v. 3, p. 367. Title 7, Chap. 3. Sec. 273. It shall be the duty of the Second Comptroller : ' _ . . , First. To examine all accounts settled by the Second, Third, and Sec"ond Comp^^"^^'" Auditors, and certify the balances arising thereon to the Seore- troller. tary of the Department in which the expenditure has been incurred. Second. To countersign all warrants drawn by the Secretaries of War and of the Navy, which shall be warranted by law. [See § 3673, Ap- propriations.] ' Third. To report to the Secretaries of War and of the Navy the offi- cial forms to be issued in the different offices for disbursing the public money in those Departments, and the manner and form of keeping and stating the accounts of the persons employed therein. Fourth. To superintend the preservation of the public accounts sub- iect to his revision. 3 March, 1817, s. 9, v. 3, p. 367. 7 May, 1822, s. 3, v. 3, p. 689. Power of Sec- Sec. 274. The Second Comptroller may prescribe rales to govern the ond Comptroller payment of arrears of pay due to any petty officer, seaman, or other as to arrears of pg^g^j^ jjq^ g^^ officer, on board any vessel in the employ of the United States, which has been sunk or destroyed, in case of the death of such petty officer, seaman, or person, to the person designated by law to re- ceive the same. 4 July, 1864, s. 3, v. 13, p. 390. ACCOUNTING OFFICERS AND ACCOUNTS. 127 - Sec. 277. The duties of the Auditors shall be : Title T, Chap. 4. Fifth. The Fourth Auditor shall receive and examine all accounts Duties of the accruing in the Navy Department or relative thereto, and all accounts Auditors, relating to Navy pensions ; and, after examination of such accounts, he shall certify the balauces, and shall transmit such accounts, with the vouchers and certificate, to the Second Comptroller for his decision thereon. 3 March, 1817, s. 4, v. 3, p. 366. 8 Juiie. 1873, s. 22, v. 17, p. 28. 20 Jnly, 1868, s. 1, v. 15, p. 106. 3 March, 1849, s. 3, v. 9, p. 395, 415. 28 July, 1866, a. 8, v. 14, p. 337. 30 June, 1864, s. 3, v. 13, p. 223. liroTES.— Every account falling within the scope of sec. 277 E. S. must under- go, successively, an examination by the Auditor and the Comptroller; the action of the former is primary altogether and indefinite ; that of the latter wholly re- visory and final. "Settled," equivalent in meaning to "finally acted on." Acer- tificate to the Department must be accompanied Dy the aumtor's action ; need not be incorporated in the certificate.— Op. XV, 139, Taft, Aug. 2, 1876. See also The President cannot interpose in the settlement of accounts by the account- ing of&cers and direct credits to be allowed; cannot interfere legally with the duties belonging to the accounting officers ; an appeal does not lie to him fsom. the determination of the accounting ofiicers acting m the sphere of their duties ; he cannot interfere in their decisions ; be does not possess the power to examine into the correctness of their settlements for the purpose of correcting any errors they may have committed.— Op. I, 624, 636,678, 706, Wirt; II, 507,644, Taney; V. 630, Cnttenden. Sec. 283. The Auditors charged with the examination of the accounts . Manner of keep- of the Departments of War and'of the Navy, shall keep all accounts of Dlpartmen'te °t the receipts and expenditures of the public money in regard to those TVar and the Departments, and of all debts due to the United States on moneys ad- N^avy. vanced relative to those Departments ; shall receive from the Second Comptroller the accounts which shall have been finally adjusted, and shall preserve such accounts, with their vouchers and certificates, and record all requisitions drawn by the Secretaries of those Departments, the examination of the accounts of which has been assigned to them. They shall annually, on the first Monday in November, severally report to the Secretary of the Treasury the application of the money appro- priated for the Department of War and the Department of the Navy, and they shall make such reports on the business assigned to them as the Secretaries of those Departments may deem necessary and require. 3 March, 1817, ss. 5, 6, v. 3, p. 3671 [examination of accounts under exhausted appropriations. See appropriations. ] [adjustment op liabilities with " GENERAL ACCOUNT AT ADVANCES." See appropriations. ] Sec. 297. The several Auditors are empowered to administer oaths to -Auditors may witnesses in any case in which they may deem it necessary for the due """"^'steroaths. examination of the accounts with which they shall be charged. 3 March, 1817, s. 12, v. 3, p. 368. 8 Jnne, 1872, s. 24, v. 17, p. 288. Sec. 3673. All moneys appropriated for the use of the War and Navy '^'"* **• Departments shall be drawn from the Treasury, by warrants of the Sec- Drafts for War retary of the Treasury, upon the requisitions of the Secretaries of those and Navy De- Departments, respectively, countersigned by the Second Comptroller of P*"^*™*"*^- the Treasury, and registered by the proper Auditor. [March 4, 1874, v. 18, p. 19, modifies as to War Department.] 7 May, 1822, s. 3, v. 3, p. 689. 3 March, 1817, ss. 5, 9, v. 3, p. 367. Sec. 3675. All warrants drawn by the Secretary of the Treasury, upon i„?a™ ohar^^ the Treasurer of the United States, shall specify the particular appro- warrants. priation to which the same should be charged ; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register. 3 March, 1809, s. 1, v. 2, p. 535. 2 Sept,, 1789, 3.6, v.l, p. 67. 128 ACCOUNTS OP LOST VESSELS AND CLOTHING. ACCOUNTS OF LOST VESSELS AKD CLOTHING. Sec. 288. Compensation for personal effects lost. 289. Payment of accounts of deceased petty offi- cers, seamen, &c., of lost vessel. 290. Allowance for effects of officer of lost vessel. Sec. . . , ^ 274. Payments to representatives of person lost. 284. Settlement of accounts of paymaster of lost or captured public vessels. 286. Fixing date of loss of missing vesselsl 287. Accounts of petty ofBoers, seamen, &o., on lost vessel. Title 7, Chap. 3. Sec. 274. The Second Comptroller may prescribe rules to govern the — 7 r^ payment of arrears of pay due to any petty officer, seaman, or other to d"oealf d pe^ person not an officer, on board any vessel in the employ of the United sons. States, which has been sunk or destroyed, in case of the death of such petty officer, seaman, or person, to the person designated by law to re- ceive the same. 4 July, 1864, s. 3, v. 13, p. 390. Title 7, Chap. 4. Sec. 284. In every ease of the loss or capture of a vessel belonging to — z— ; ; — ;the Navy of the United States, the proper accounting officers of the acoountn? pay- Treasury, under the direction of the Secretary of the Navy, are author- master of lost orized, in the settlement of the accounts of the paymaster of such ves- captnred public sel, to credit him with such portion of the amount of the provisions, vessels. clothing, small stores, and money, with which he stands charged on the hooks of the Fourth Auditor of the Treasury, as they shall be satis- fied was inevitably lost by such capture or loss of a public vessel ; and such paymaster shall be fully exonerated by such credit from all liability on account of the provisions, clothing, small stores, and money so proved to have been captured or lost. 3 March, 1847, s. 6, v. 9, p. 173. 22 Jnne, 1860, s. 3, v. 12, p. 83. Fixing date of Sbc. 286. The proper accounting officers of the Treasury are author- loss of missing j^ed, under the direction of the Secretary of the Navy, in settling the vesse s. accounts of seamen, and others, not officers, borne on the books of any vessel in the Navy which shall have been wrecked, or which shall have been unheard from so long that her wreck may be presumed, or which shall have been destroyed or lost with the rolls and papers necessary to a regular and exact settlement of such accounts, to fix a day when such wreck, destruction, or loss shall be deemed to have occurred. 4 July, 1864, o. 1, V. 13, p. 389. Accounts of Sec. 287. The proper accounting officers of the Treasury are author- seamen ^"^on i^*^' ^° settling the accounts of the petty officers, seamen, and others, lost vessel. ' ^o* officers, on board of any vessel in the employ of the United States, which by any casualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, together with the rolls and papers necessary to the exact ascertainment of the several accounts of the same at the date of such loss, to assume the last quarterly return of the pay- master of any such vessel as the basis for the computation of the subse- quent credits to those on board, to the date of such loss, if there be no official evidence to the contrary. Where such quarterly return has, from any cause, not been made, the accounting officers are authorized to adjust and settle such accounts on principles of equity and iustice. LSee5 274.] Idem, s. 2. Compensation Sbc. 288. The proper accounting officers of the Treasury Department fects^losT" ^^^ authorized, in settling the accounts of the petty officers, seamen, and others, not officers, on board of any vessel in the employ of the United States, which, by any ca.sualty, or in action with the enemy, has been or may be sunk or otherwise destroyed, to allow and pay to each person, not an officer, employed on the vessel so sunk or destroyed, and whose personal effects have been lost, a sum not exceeding sixty dollars, as compensation for the loss of his personal effects. Idem, s. 2. Payment of ao- Sec. 289. In case of the death of any such petty officer, seaman, or °ea"'d'\tt' ffl other person, not an officer, such payment shall be made to the widow, cers.scMneZ&c, child or children, father, mother, or brothers and sisters jointly, follow- of lost vessel. ' ing that order of preference ; such credits and gratuity to be paid out of any money in the Treasury not otherwise appropriated. Idem, s. 3. ADVERTISING. 129 The " legal representatives " of deceased perBons are generally their execn- tors or theiradministTatoTS, but may mean their heirs or next of Kin. — Op. Ill, 29; Til, eOi XIV, 515; C. C, IV, 466; Tyallace, XIU, 351. To insert "marines" and to conetme orphans to mean ffither or mother or brother or sister, wonld be legislation, not interpretation.— Op. VIII, 28, Aug. 8, 1856, Cnshing, on the constmotion of relief acts. "Where ni6qey is due to the heirs of a deceased person and there is a dispute as to the legal descent, the latter question should be decided by the court rather than by th* exeoutlTe officers.— Op. V, 670, Jan. 28, 1853. Sec. 290. In case any officer of the Navy or Marine Corps on board a* Allo-wance for vessel in the employ of the United States -which, by any casualty, or in ^fWveBsel ' action with the enemy, at any time since the nineteenth day of April, eighteen hnndred and sixty-one, has been or may be sunk or destroyed, shall thereby have lost his personal effects, without negligence or want of still or foresight on his part, the proper accounting officers are au- thorized, with the approval of the Secretary of the Navy, to allow to such officer a sum not exceeding the amount of his sea-pay for one month as compensation for such loss. But the accounting officers shall in all cases require a schedule and certificate from the officer making the claim for efl'ects so lost. 6 April, 1866,. s. l,v. 14, p. 14. [For continuation of pay to officers and crews of lost vessels, see §} 1574 and 1575, Part I, page 69.] ADVERTISING. Sec. 3828. Written authority required. Bestriction on advertising in the District of Columbia. Prices to be paid. Sec. Papers to be used in the District of Columbia. 3709. Advertisement for supplies and services. 3718. Advertisementforprovisions, &c., and trans- portation. Title 45. Sec. 3828. No advertisement, notice, or proposal for any Executive Department of the Government, or for any Bureau thereof, or for any ' ij„ advertise office therewith connected, shall be published in any newspaper what- ment -without au ever, except in pursuance of a written authority for such publication thority. fropi the head of such Department ; and no bill for any such advertis- ing, or pttblication, shall be paid, unless there be presented, with such bill, a copy of such written authority. 15 July, 1870, s. 2, v. 16, p. 308. JTOTE.— The provisions of section 3828, forbidding the publication of advertise- ments for any ilxecutive Department of the Government, or for any Bureau thereof, or for any office therewith connected, except "under -written authority from the head of the Department," extend to offices connected as aforesaid, no matter -where located.— Op. XVI, 616, Phillips, Dec. 16, 1878. In no case of advertisement for contracts for the public service shall July 31, 1876. the same be published in any newspaper published and' printed in the j, j^„« District of Columbia unless the supplies or labor covered by such ad- advertistag^n vertisement are to be furnished or performed in said District of Colum- the District of bia. ISeeposW] Columbia. July 31, 1876, ch. 246, v. 19, p. 102. Hereafter all advertisements, notices, proposals for contracts, and all June 20, 1878. forms of advertising required by law for the several Departments of the prices to be Government may be paid for at a price not to exceed the commercial paid, rates charged to private indi-viduals, witli the usual discounts ; such rates to be ascertained from sworn statements to be .furnished by the proprietors or publishers of the newspapers proposing so to advertise. * * * ' But the heads of the several Departments may secure lower terms at special rates whenever the public interest requires it. Jtme 20, 1878, ch. 359, T. 20, p. 306. All advertising required by existing laws to be done in the District January 21, 1881. of Columbia by any of the Departments of the Government shall be Advertisements given to one daily and one weekly newspaper of each of the two prin- in the District of cipal political parties, and to one daily and one weekly neutral news- Columbia, paper : Provided, That the rates of compensation for SUch service shall in no case exceed the regular commercial rate of the newspapers se- lected; nor shall any advertisement be paid for unless published in accordance with section thirty-eight hundred and twenty-eight of the Revised Statutes. 11181 9 130 APPROPRIATIONS — ESTIMATE S . Sbc. 2. All laws or parts of laws inconsistent herewith are hereby re- pealed. January 21, 1881, oh. 25, v. 21, p. 317. Title 43. Sbc. 3709. All purchases and contracts for supplies or services, in Advertiseinents ^"^ "^ *^® Departments of the Government, except for personal serv- for proposals. ices, shall he made by advertising a sufficient time previously for pro- posals respecting the same, when the public exigencies do not require . the immediate delivery of the articles, or performance of the service. it # * it 2 March, 1861, s. 10, t. 12, p. 220. Advertisements Sec. 3718. * * In the case of provisions, clothing, hemp, and other for clothing, materials, the Secretary of the Navy shall advertise, once a week, for hemp, &o. at least four weeks, in one or more of the principal papers published in the place where such articles are to be famished, for sealed proposals for furnishing the same. * * * In the case of transportation of such articles, he shall advertise for a period of not less than five days. * * [See 21 Jan., 1881, ante.'] 3 March, 1843, v. 5, p. 617. See Notes, p. 25, Part I. APPROPRIATIONS— ESTIMATES. Sec. 430. Estimates for expenses. 3660. Manner of commtinicating estimates. 3661. Estimates for printing and binding. 3662. Estimates for salaries. 3663. Heqnisites of estimates for appropriations for public works. 3664. What additional explanations are required. 3665. Amount of outstanding appropriation to be designated. 3666. Items of expenditure to be specified in esti- mates and accounts. Estimates for pay of Kavy. Estimates of clamis, &c., on Navy pension- fund. Estimates to be submitted to Congress. Wbat statements shall accompany esti- mates. 3672. Sales of public property to be included in book of estimates. Estimates to be furnished by 1 st October. 3667. 3670. Sec. 3673. Drafts of "War and Navy Departments. 3675. Form of drawing and charging warr^its, 3676. AppropiiationsfttrNavycontrolledby Secre- tary; for each Bureau to be kept separately. 3678. Application of moneys appropriat-ed. 3679. No expenditures beyond appropriations. 3681. Expenses of commissions and inquiries. 3682. Contingent, &c., expenses. 3685. Special appropriations available only for two years, except, &c. 3686. Foreign hydrographic surveys. 3689. Permanent indefinite appropriations. 3690. Expenditure of balances of appropriations. 3691. Disposals of balances after two years. Unexpended balances of appropriations. 3692. Proceeds of certain sales of material. "General account of advances." Statement of receipts, expenditures, and balances. ; ESTIMATES. T'tle 10. Sec. 430. All estimates for specific, general, and contingent expenses Estimates for?; a ^^epartment and of the seyeral Bureaus, sliall be furnished to jxpenses. a q«f fl^^^ ^^^ ^^^ ^ ®^® °^ *^® respective Bureaus. [See $ 3666,i?osi.] 5 July, 1862, s. 5, v. 12, p. 511. "^'"^ ^^' Sec- 3660. The heads of Departments, in communicating estimates of Mannerofcom-T^^Pu ^*^^f and appropriations to Congress, or to any of the coramit- municating esti- J^es tbereot, shall specify, as nearly as may he convenient, the sources mates. from which such estimates are derived, and the calculations upon which they are founded, and shall discriminate between such estimates as are conjectural m their character and such as are framed upon actual in- formation and applications from disbursing officers. They shall also give references to any law or treaty by which the proposed expendi- tures are, respectively, authorized, specifying the date of each, and the volume and page of the Statutes at Large, or of the Revised Statutes, as the case may be, and the section of the act in which the authority 18 to be found. [See 3 March, 1875, p. 132.] 26 Aug., 1842, s. 14, v. 5, p. 525. Estimates for Sec. 3661. The head of each of the Executive Departments and linSll'' ^ a°d every other public officer who is authorized to have printing and bind- ^' mg done at the Congressional Priuting-Office for the use of his Depart- ment or public office, shall include in his annual estimate for appropria- tions for the next fiscal year such sum or sums as may to him seem nee- ■ APPROPRIATIONS ESTIMATES. 131 esaary "for printiDg and binding, to be executed under tlie direction of the Congressional Printer." [See § 3802, Public Documents.] 8 May, 1872, s. 2, v. 17, p. 82. Sec. 3662. All estimates for tbe compensation of officers authorized Eatlmates for by law to be employed shall be founded upon the express proYisions of sal*"^^- law, and not upon the avrthority of executive distribution. 3 M*ch, 1855, a. 8, v. 10, p. 670. Sec. 3663. Whenever any estimate submitted to Congress by the head '??''"!fig®? I™ of a Department asks an appropriation for any new specific expenditure, appropriation for such as the erection of a public building, or the construction of any public works, public work, requiring a plan before the building or work can be prop- erly completed, such estimate shall be accompanied by full plans and detailed estimates of the cost of the whole work. All subsequent esti- mates for any such work shall state the original estimated cost, the aggregate amount theretofore appropriated for the same, and the amount actually expended thereupon, as well as th6 amount asked for the current year for which such estimate is made. And if the amount asked is in excess of the original estimate, the full reasons for the ex- cess, and the extent of the anticipated excess, shall be also stated. [See § 3734, CONTKAOTS, Pakt I, p. 28.] 17 June, 1844, b. 2, v. 5, p. 693. 3 March, 1855, 8. 8, v. 10, p. 670. 27 Feb., 1877, T. 19, p. 249. Sec. 3664. Whenever the head of a Department, being about to sub- What additional mit to Congress the annual estimates of expenditures required for the explanations are coming year, finds that the usual items of such estimates vary materi- required, ally in amount from the appropriation ordinarily asked for the object named, and especially from the appropriation granted for the same ob- jects for the preceding year, and whenever new items not theretofore usual are introduced into such astimates for any year, he shall accom- pany the estimates by minute and full explanations of all such varia- tions and new items, showing the reasons and grounds upon which the amounts are required, and the different items added. [See March 3, 1875,jjo8t.] Hid. Sec. 3665. The head of each Department, in submitting ito Congress Amount of out- his estimates of exijenditures required in his Department during the pri^fj^l to 'be year then approaching, shall designate not only the amount required designated, to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be re- quired for each particular item of expenditure. [See $ 429, Naw De- partment. — Reports to be made by the Secretary of the Navy.] 2 Jane, 1858, a. 2, v. 11, p. 308. Sec. 3666. The estimates for expenditures required by the Depart- items of ex. ment of the Navy for the following purposes shall be given in detail, pend^mre to be and the expenditures made under appropriations therefor shall be ao-^^tes^and *ac^ counted for so as to show the disbursements of each Bureau under counts, each respective appropriation : First. Freight and transportation. Second. Printing and stationery. Third. Advertising in newspapers. Fourth. Books, maps, models, and drawings. Fifth. Purchase and repair of fire-engines and machinery. Sixth. Repairs of and attending to steam-engines in navy-yards. Seventh. Purchase and maintenance of horses and oxen, and driv- ing teams. Eighth. Carts, timber-wheels, and the purchase and repair of work- men's tools. Ninth. Postage of public letters. Tenth. Fuel, oil, and candles for navy-yards and shore-stations. Eleventh. Pay of watchmen and incidental labor not chargeable to any other appropriation. Twelfth. Transportation to, and labor attending the delivery of pro- visions and stores on foreign stations. Thirteenth. Wharfage, dockage, and rent. Fourteenth. Traveling expenses of officers and others under orders. Fifteenth. Funeral expenses. 132 APPROPRIATIONS ESTIMATES. Sixteenth. Store and office rent, fuel, commissions, and pay of clerks to navy-agents and store-keepers. Seventeenth. Flags, awnings, and packing-boxes. iEighteenth. Premiums and other expenses of recruiting. Nineteenth. Apprehending deserters. Twentieth. Per-diem pay to persons attending courts-martial, courts of inquiry, and other services authorized by law. Twenty-first. Pilotage and towage of vessels, mid assistance to ves- sels in distress. Twenty-second. Bills of health and quarantine expenses of vessels of the United States Navy in foreign ports. [See 5 430, ante.'\ 22 Jane, 1860, s. 1, v. 12, p. 81. 23 Feb., 1881. Hereafter the estimates for pay of the Navy shall be submitted in the Estimates for ^0°^ °^ estimates in detailed classifications and paragraphs, after the pay of tlie Navy, manner above set forth. 23 Feb., 1881, v. 21, p. 331. ■rParagrapb I. Pay of Active List; 11. Payof EetiredList; IIL Pay of petty Qffloers and seamen ; IV. Pay of clerks, secretaries, mileage, &c., giving class- ification and nnmber in each case, when possible.] Title 41. Sec. 3667. The Secretary of the Navy shall annually submit to Con- Estimates for gress estimates of the claims and demands chargeable upon and pay- Navy pension- able out of the naval pension fund, find. 11 July, 1870, V. 16, p. 222. Estimates to be gj;c. 3669. All annual estimates for the public service shall be sub- submitted tOmittedto Congress through the Secretary of the Treasury, and shall be ongresa. included in the book of estimates prepared under his direction. 2 Sept., 1789, s. 2, v. 1, p. 65. 10 March, 1800, v. 2, p. 79. 7 Jan., 1846, Ees., v. 9, p. 108. i Ang., 1854, s. 16, v. 10, p. 573. 18 May, 1865, s. i, v. 14, p. 49. What state- Sec. 3670. The Secretary of the Treasury shall annex to the annual ments shall a«- eslimates of the appropriations required for the public service, a state- mates.*"^ 'ment of the appropriations for the service of the year, whichmayhave been made by former acts. , 1 May, 1820, a. 8, v. 3, p. 568. Statement of SEC. 3672. A detailed statement of the proceeds of all sales of old proceeds of sales njaiterial, condemned stores, suppliefi, or other public property of any of old material. ^jjj^_ except materials, stores, or supplies sold to officers and soldiers of the Army, or to exploring or surveying expeditions authorized by law, shall be included in the appendix to the book of estimates. 8 May, 1872, s. 5, v. 17, p. 83. 27 Feb., 1877, v. 19, p. 249. March 3, 1875. That it shall be the duty of the heads of the several Executive De- Estimates P^rtments, and of other officers authorized or required to make esti- ■wben to be 'fur- mates, to furnish to the Secretary of the Treasury, on or before the first niehed. day of October of each year, their annual estimates for the public serv- ice, to be included in the book of estimates prepared by law under his direction ; and the Secretary of the Treasury shall submit, as a Extracts from part of the appendix to the book of estimates, such extracts from the reports to be in- annual reports of the several heads of Departments and Bureaus as dS to ea°imat«a[ relate to estimates for appropriations, and the necessities therefor. 3 March, 1875, s. 3, v. 18, p. 340. APPROPRIATIONS. '*'**'" *'• Sec. 3673. All moneys appropriated for the use of the War and Navy Drafts for War Departments shall be drawn from the Treasury, by warrants of the Seo- and Navy De- retary of the Treasury, upon the requisitions of the Secretaries of those partments. Departments, respectively, countersigned by the Second Comptroller of the Tl'reasury, and registered by the proper Auditor. [See J } 273,277, under AccoontsO 7May, 1822,s.3,T.3,p.680. 3 March, 1817, s. 5, 9, v. 3, p. 367. KoTE. — The different subdivisions ordinarily employed in an appropriation act, viz, Legislative, Executive, Judicial, are intended to classify the appropriations and not to designate the Department to which they belong.— C. 0., XI, 152 ; 91 XT. 8. K., 317. APPROPRIATIONS^ — ESTIMATES. 133 Appropriations : Fenoanent, tbose for an indefinite period ; indefinite, those In wElch no amount is named. Uneicpended balatues may be applied to expenses properly incnrred Tfithin tlie year, and npon contracts made within the yeat, put not performed until later. Appropriations which in terms are for one year Cannot be used for payment of expenses not incurred in the year. Money cannot be taken by counter requlsftlon to settle old accounts.— Op., Xm, 289, July 27, 1870, Akerman. Sec. 3675. All warrants drawn by the Secretary of the Treasury, upon l"orm of draw- the Treasurer of the United States, shall specify the particular appro- ^fr^^ts*^'^^ priation to which the same should he charged ; and the moneys paid by virtue of such warrants shall, in conformity therewith, be charged to such appropriation in the books of the Secretary, First Comptroller, and Register. 3 March, 1809, s. 1, v. 2, p. 535. 2 Sept., 1789, s. 6, t. 1, p. 67. Sec. 3676. All appropriations for specific, general, and contingent ex- Appropriation penses of the Navy Department shall be under the control and expended *«■ H'avy con- by the direction of the Secretary of the Navy, and the appropriation J^^S^'^f^y °^^™j; for each Bureau shall be kept separate in the Treasury. Bure'aatobekept 5 July, 1862, s. 5, v. 12, p. 511. separately. IToTEB.— The Secretary of the Navy can draw on the contingent fund for pur- poses of a contingent character — that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for definitely.— On. I, 302, Wirt. The words Contingent expenses," as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by taw of the De- partment or the office for wnich the appropriation is made. — Op. XVI, 412, I>6- vens, Dec. 19, 1879. The appropriations for Contingent of the Bureans (Civil) are merged with that for the Secretary's Office by legislative Act approved March 3, 1883. Sec. 3678. All sums appropriated for the various branches of expend- m^Pf'<'|'*'a°OTro^ iture in the public service shall be applied solely to the objects for priated. which they are respectively made, and for no others. 3 March, 1809, s. 1, v. 2, p. 535. 12 Feb., 1868, s. 2, v. 15, p. 36. Notes. — Section 3678 extends only to such cases as relate to "proceeds of sales" — receipts which are in the nature of revenue belonging to no' afipropri- ation, and not available for expenditure without authority from Congress. It does not prohibit one Department from supplying articles to another, and the transferoi'app'ropriationstomakereimbursementa.-Op., Dec. 20, 1882, Brewster. Section 3678 makes unlawful the diversion of funds appropriated for one object of exjaenditure to another object of expenditure, and torbids an appropriation for any purpose to be thus enlarged beyond the amount thereof, as fixedby Con- gress. The fui-nishing of articles by one Department to another, and sabse- qnent reimbarsements by transfer o'f appropriation, not a diversion or an en- largement contemplated by this section. — Op., Dec. 20, 1882, Brewster. Sec. 3679. No Department of the Government shall expend, in any ^^°^ hoTOnd ap- one fiscal year, any sum in excess of appropriations made by Congress propriaticins. for that fiscal year^ or involve the Government in any contract for the future payment of money in excess of such appropriations. [See § § 3732, 3733, 5503, Contracts, Part I, p. 28.] 12 July, 1870, s. 7, v. 16, p. 251. Note. — ^No contract can .be made K>r rent of buildings until appropriations are made therefor. See Part I, p. 31. < Sec. 3681. No accounting or disbursing officer of the Government shall allow or pay any account or charge whatever, growing out of, or in any way connected with, any commission of inquiry, except courts-martial or courts of inquiry in the military or naval service of the United States; until special appropriations shall have been made by law to pay sucli accounts and charges * » *. 26 Aug., 1842, s. 25, v. 5, p. 533. See Op. IV, p. 106, Oct. 25, 1842. Sec. 3682. No moneys appropriated for contingent, incidental, or mis- (jonttoee^™&o" cellaneous purposes shall be expended or paid for official or clerical approbations. ' compensation. [See under Contingent Funds.] Idem, a. 3, p. 250. Sec. 3685. * * * In no case shall any special appropriation be Special appro- available for more than two years without further provision of law. able for ^^wo [Exception for establishing light-houses. ] years. — 10 June, 1872, s. 1, v. 17, p. 355. 134 APPROPRIATIONS ESTIMATES. Foreign hydro- Sbc. 3686. All appropriation 8 made for the preparation or publication ^graphic anrreys. „f foreign hydrographic surveys shall only he applicahle to their ou- iect, upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or pub- lication of such charts or hydrographic surveys. 21 Feb., 1861, s. 7, v. 12, p. 150. Permanent in- Sbc. 3689. There are appropriated, out of any moneys in the Treas- definite appro- ury not otherwise appropriated, for the purposes hereinafter speojued, priations. g„gji gumg ^s may he necessary for the same respectively ; and such ap- propriations shall be deemed permanent annual appropriations. * * * Allowance for reduction of wages under eight-hour law : Of such sum as may be required in the settlement of all accounts for the services of laborers, workmen, and mechanics employed by or on behalf of the Government, between the twenty-fifth day of June, eighteen hundred and sixty-eight, the date of the act constituting eight hours a day's work for all such laborers, workmen, and mechan- ics, and the nineteenth day of May, eighteen hundred and sixty- nine, the date of the proclamation of the President concerning such pay, to settle and pay for the same without reduction on account of reduction of hours of labor by said act, when it shall be made to appear that such was the sole cause of the reduction of wages. [See $ 3738, Con- tracts, Part I, p. 29.] 18 May, 1872, s. 2, v. 17, p. 134. Indemnity to seamen and marines for lost clothing : To allow and pay to each person, not an officer, employed on a ves- sel of the United States, sunk or otherwise destroyed, and whose per- sonal effects have been lost, a sum not exceeding sixty dollars. In the event of the death of the person, this sum is to be paid to his proper legal representatives. 4 July, 1864, as. 2, 3, v. 13, p. 390. Prize money to captors : For one moiety of the proceeds of prizes captured by vessels of the United States, to be distributed to the officers and crews thereof, in conformity to the provisions of Title " Prize ; " also, the proceeds of derelict and salvage cases adjudged by the courts of the United States to salvors. 30 June, 1864, s. 16, v. 13, p. 311. Expenditure of Sec. 3690. All balances of appropriations contained in the annual balancesofap- appropriation bills and made specifically for the service of any fiscal propriations. year, and remaining unexpended at the expiration of such fiscal year, shall only be applied to the payment of expenses properly Incurred during that year, or to the fulfillment of contracts properly made with- in that year ; and balances not needed for such purposes shall be car- ried to the surplus fund. This section, however, shall not apply to ap- propriations known as permanent or indefinite appropriations. [See § 3689.] 12 July, 1870, 8. 5, v. 16, p. 251. Disposal of bal- Sec. 3691. All balances of appropriations which shall have remained ances after two ^^ ^j^g books of the Treasury, without being drawn against in the set- ^®"'' tlement of accounts, for two years from the date of the last appropria- tion made bylaw, shall be reported by the Secretary of the Treasury to the Auditor of the Treasury, whose duty it is to settle accounts there- under, and the Auditor shall examine the books of his Office, and cer- tify to the Secretary whether such balances will be required in the set- tlement of any accounts pending in his Office ; and if it appears that such balances will not be required for this purpose, then the Secretary may include such balances in his surplus-fund warrant, whether the head of the proper Department shall have certified that it may be car- ried into the general Treasury or not. But no appropriation for the payment of the interest or principal of the public debt, or to which a longer duration is given by law, shall be thus treated. [See June 20, lti7i, posf] 12 July, 1870, 8. 6, t. 16, p. 251. APPROPRIATIONS — ESTIMATES. 135 That from and after the first day of July, eighteen hundred and June 20, 1874. seventy-four, and of each year thereafter, the Secretary of the Treaa- -rr , . ury shall cause all unexpended balances of appropriations which shall balances to be have remained upon the books of the Treasury for two fiscal years to be covered into the- carried to the surplus fund and covered into the Treasury ; Provided, Treasury. That this provision shall not apply to permanent specific appropria- oontTnne avail" tions, appropriations for rivers and harbors, light-houses, fortifications, able, public buildings, or the pay of the Navy and Marine Corps ; but the ap- propriations named in this proviso shall continue available until other- wise ordered by Congress * » » And provided further, That this sec- Existing con- tion shall not operate to prevent the fulfillment of contracts existing *''aot8 not af- at the date of the passage of this act. fected. 20 June, 1874, s. 5, v. 18, p. 8.'). 14 June, 1878, a. 4, v. 20, p. 130. XOTE. — This section was adopted, after the fullest consideration by Congress, expressly to cut off the payment of accrued claims by covering into the Treasury, after two years, the balance of the appropriation from which they might have been paid. The plain purpose of this act was to confine the officers of the Gov- ernment to the allowance and payment of liabilities within three fiscal years. Decision of the Secretary of the Treasury, April 20, 1877. The use of appropria- tions is discussed in this decision. Sec. 3692. All moneys received from the leasing or sale of marine Title 41. hospitals, or the sale of revenue cutters, or from the sale of commiseary Proceeds of oer- stores to the officers and enlisted men of the Army, or from the sale of tain sales, &o., of materials, stores, or supplies sold to officers and soldiers of the Army, material. or from sales of condemned clothing of the Navy, or from sales of ma- terials, stores, or supplies to any exploring or surveying expedition authorized by law, shall respectively revert to that appropriation out of which they were origiiially expended, and shall be applied to the purposes for which they are appropriated by law. 8 May, 1872, s. 5, v. 17, p. 83. 8 June, 1872, v. 17, p.337. 3 March, 1847, s. 1, v. 9, p. 171. 3 March, 1875, v. 18, p. 388, 410. 20 Ap., 1866, SB. 1, 2, V. 14, p. 40. 27 Feb., 1877, v. 19, p. 249. 28 July, 1866, s. 25, v. 14, p. 336. GENERAL ACCOUNT OF ADVANCES. Thaftiie Secretary of the Navy be, and he is hereby, authorized to June 19, 1878. issue his requisitions for advances to disbursing officers and agents of Eequisitions of the Navy under a "General account of advances," not to exceed the Secretary ITavy total appropriation for the Navy, the amount so advanced to be exclu- f<"^ advances, sively used to pay current obligations upon proper vouchers, and that "Pay of the Navy" shall hereafter be used only for its legitimate pur- pose as provided by law. 19 June, 1878, chap. 311, s. 1, v. 20, p. 167. That the amount so advanced be charged to the proper appropria- Advances, how tions, aud'returned to " General accouiit of advances " by pay and conn- "'^arged. ter warrant; the said charge, however, to particular appropriations shall be limited to the amount appropriated to each, IdeTn, 8. 2. That the Fourth Auditor shall declare the sums due from the several po^^h T^^'t?^ special appropriations upon complete vouchers, as heretofore, according uoitor. - to law; and he shall adjust the said liabilities with the "General ac- count of advances." IdeTn, 8. 3. RECEIPTS, EXPENDITURES AND BALANCES. From and after the passage of this act, it shall be the duty of the Sec- June 19, 1878. retary of the Treasury to transmit to Congress, annually, a tabular Tabular state- statement showing in detail the receipts and expenditures in the naval mentof Navy ap- service under each appropriation, as made up and determined by the propriations and proper officers of the Treasury Department, upon the accounts of dis- expenditures. Dursing officers rendered for settlement. There shall be appended to this statement an account of balances in Statement of the hands of disbursing agents at the close of each fiscal year, and a ^|1^"?? !?''*?*' report of any amounts lost or unaccounted for by voucher. offi'cers'^Mi 19 June, 1878, chap. 312, ss. 1, 2, v. 20, p. 167. amounts lost. 136 ATTORNEY-GENERAL — DEPARTMENT OP JUSTICE. ATTORNEY-GENERAL— DEPARTMENT OF JUSTICE. Sec. 354. Duties of Attorney-General. 356. Opinion of Attorney-Greneral upon questions of law. 357. Legal advice to Departments of "War and Navy. 358. Beferenoe of questions by Attomey-G-eneral . to sabordinanes. 359. Conduct and argnment of oases. 360. Duties of officers of Department of Justice. Sec. 361. Ofiioera of, to perform services for other De- partments. 363. Eetaining counsel to aid district attorneys. 364. Attendance of counsel. 365. Counsel fees restricted. 366. Appointment of special counsel. 367. Detail of officers to attend suits. 370. Traveling expenses of oflacers so detailed. 383. Publication of opinions. Titles. Sec. 354. The Attorney-General slialKgive his advice and opinion ^Tt'es of At- ^i""' questions of law, whenever required by the President. tomey-General. , 24 Sep., 1789, s. 35, v. 1, p. 92. 27 Feb., 1877, v. 19, p. 241. Opinion of At- Sec. 356. The head of any Executive Department may require the torney-General Qpijjjojj of the Attorney-General on any questions of law arising in the f^P^.'"l"^'''''°«''*adminiBtration of his Department. 22 June, 1870, s. 6, v. 16, p. 163. Notes. — The law does not declare the effect of advice; practice of the Depart- ments to heed it. — Op. T, 97, Johnson. Not the duty of the Attorney-General to give opinions on questions of fact, nor to review the proceedings of a court-martial in search of questions of law. — Op. T, 626, Crittenden. Does not reply to speculative points or supposed cases. Gives advice on actual cases where the special facts are set forth by the Department. — Op. IX, 82, Black. XIII, 531-568, Akerman, XII, 433, Browning. The opinion of the Attorney-General for the time being is in terms advisory to the Secretary who calls for it ; but it is obligatory as the law of the case unless, on appeal by such Secretary to the common superior of himself and the Attorney-General, namely, the President of the United States, it is by the latter overruled.— Op. VII, 692, Cashing. Will not review the opinion of a former Attorney-General unless a proper case is presented therefor and submitted by a head of a Department, — Op. XI, 189, Speed. Cannot act as arbitrator between the Government and an individual, and can therefore render no award in the sense in which the phrase is generally under- stood. — Op. I, 209, "Wirt. Declines to give an opinion upon a question involv- ing the estimation of the weight and credibility of testimony. — Op. XIV, p. 54, Bristow. Not required to give an opinion to the Senate. — Op. X, 165, Bates. Not his 4uty to give opinion on matters pending in Congress on request of either house or any committee.— 0p. XIL 544. Evarts. XIV, 17, 177, "Williams. Not author- ized to give an opinion (official) in response to a call of the head of a De- ' partment, although made at the request of a committee of Congress, where the • question proposed does not arise in the administration of such Department. — Op. XV, 138, Taft. Subordinate officers who desire an oiSlcial opinion must seek it through the head of the Department to which said subordinate is accountable. — Op. X, 458. No right to give an official opinion except where it his duty to do so, that is, to the President and heads ot Departments. — Op. I, 335, VI, 21, 147. See Op. XIV, 21, declining to approve or disapprove of an opinion of an assistant attorney-general of an Executive Department — not having been called for by the President or the head of a Department. Xegalad^ceto Sec. 357. Whenever a question of law arises in the administration of War mdNa^" *^^ Department of War or the Department of the Navy, the cognizance of which is not given by statute to some other ofiftoer from whom the head of the Department may require advice, it shall be sent to the Attorney-General, to be by him referred to the proper officer in his De- partment, or otherwise disposed of as he may deem proper. Idem. Eeference of Sec. 358. Any question of law submitted to the Attorney-General for ?or n^e" Ij"^ "^^l ^^^ "piniou, except questions involving a construction of the Constitution to snbordlmtes. "^ ^^® United States, may be by him referred to such of his subordinates ' as he may deem appropriate, and he.may require the written opinion thereon of the officer to whom the same may be referred. If tlie opinion given by such officer is approved by the Attorney-General, such approval indorsed thereon shall give the opinion the same force and effect as be- , long to the opinions of the Attorney-Genera). Idem, e. 4. Conduotandar- Sbc. 359. Except when the Attorney-General in particular cases other" gnment of eases, -^pige directs, the Attorney-General and Solicitor-General shall conduct and argue suits and writs of error and appeals in the Supreme Court ATTORNEY-GENERAL — DEPARTMENT OF JUSTICE. 137 and suits in the Conrt of Claims in which the United States is interested, and the Attorney-General may, whenever he deems it for the interest of the United States, either in person conduct and argue any case in any court of the United States in which the United States is interested, or may direct the Solicitor-General or any officer of the Department of Jus- tice to do so. 24 Sept., 1789, s. 35, v. 1, p. 92. ,25 June, 1868, 8. 5, v. 15, p. 75. 22 June, 1870, 9. B, T. 16, p. 162. Sec. 360. The Attorney-General may require any solicitor or officer of PerformMeiSof the Department of Justice to perform any duty required of the Depart- „? D^epartSieufcol ment or any officer thereof. Justice. 22 June, 1870, s. 14, v. 16, p. 164. Sec. 361. TheofflcersoftheDepartmentof Justice, under the direction O^oe'^s "J ^'^^ of the Attorney-General, shall give all opinions and render all serviced r^^*J^Ulgg^j requiring the skill of persons learned in the law necessary to enable the services required President and heads of Departments, and the heads of Bureaus and other for other Depart- officers in the Departments, to discharge their respective duties ; and mentS' shall, on behalf of the United States, procure the proper evidence for, and conduct, prosecute, or defend all suits and proceedings in the Su- preme Court and in the Court of Claims, in which the United States, or any officer thereof, as such officer, is a party or may be interested ; and no fees shall be allowed or paid to any other attorney or counselor at law for any service herein required of the officers of the Department of Justice, except in the cases provided by section three hundred and sixty- three. Iderrif s. 14. Sec. 363. The Attorney-General shall, whenever in his opinion the ■^®t*^?'|-"l°™: public interest requires it, employ and retain, in the name of the United attomOTs. ^ "" States, such attorneys and counselors at law as he may think necessary to assist the district attorneys in the discharge of their duties, and shall stipulate with such assistant attorneys and counsel the amount of com- pensation, and shall have supervision of their conduct and proceedings. 2 Aug., 1861, a. 2, V. 12, p. 285. 3 March, 1869, s. 1, v. 15, p. 294. 10 Ap., 1869, V. 16, p. 46. 22 June, 1870, s. 16, v. 16, p. 164. Sec. 364. Whenever the head of a Department or Bureau gives the -^ttentlaiioe of Attorney-General due notice that the interests of the United States re- ""'"'*"• quire the service of counsel upon the examination of witnesses touching any claim, or upon the legal investigation of any claim, pending in such Department or Bureau, the Attorney-General shall provide for such serv- ice. [See § 187, Claims, p. 152.] 14 Feb., 1871, 3. 3, v. 16, p. 412. Sec. 365. No compensation shall hereafter be allowed to any person, Connselfeesrn- besides the respective district attorneys and assistant district attorneys s*"^**™*- for services as an attorney or counselor to tbe United States, or to any branch or Department of the Government thereof, except in cases spe- cially authorized bylaw, and then only on the certificate of the Attorney- General that such services were actually rendered, and that the same could not be performed by the Attorney-General, or Solicitor-General, or the officers of the Departuient of Justice, or by the district attorneys. 23 June, 1870, s. 17, v. 16, p. 164. Skc. 366. Every attorney or counselor who is specially retained, under Appomtmeut the authority of the Department of Justice, to assist in the trial of any ^?^ °^j™ ^"y P,''^ case in which the Government is interested, shall receive a commission counsel. &om the head of such Department, as a special assistant to the Attorney- General, or to some one of the district att9rneys, as the nature of the appointment may require ; and shall take the oath required by law to be taken by the district attorneys, and shall be subject to all the liabil- ities imposed upon them by law. Idem, 8 17. Sec. 367. The Solicitor-General, or any officer of the Department of Interest of TJnl- Justice, may be sent by the Attorney-General to any State or District ^l*^?*"'*^?^^^" in the United States to attend to the interests of the United States in any ^ii„ n,|y attend suit pending in any of the courts of the United States, or in the courts to. of any State, or to attend to any other interest of the United States. Idem, s. 5. 138 ATTORNEYS AND AGENTS OF GOVERNMENT. Traveling ex- Sbc. 370. Whenever the Solicitor-General, or any officer of the Depart- peDses of officers mgnt of Justice, is sent by the Attorney-General to any State, District, mint -^^P or Territory, to attend to any interest of the United States, the person so sent shall receive, in addition to his salary, his actual and necessary expenses while absent from the seat of Government ; the account thereof to be verified by affidavit. Idem, 8. 5. PaWication of Sec. 383. The Attorney-General shall from time to time cause to be opinions. edited, and printed at the Government Printing-Office, an edition of one thousand copies of such of the opinions of the law-officers herein authorized to be given as he may deem valuable for preservation in volumes. * * * Each volume shall contain proper head-notes, a com- plete and full index, and such foot-notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the At- torney-General may from time to time prescribe. Idem, s. 18. ATTORNEYS AND AGENTS OF GOVERNMENT. Sec. 187. Professional assistance. 189. Employment of attorneys or counsel. 1550. Agents to disburse money abroad. Title 4. Sec. 1783. Persons interested not to act as agents of the G-ovemment. 3614. Bond of special agents. Sec. 187. Whenever any head of a Department or Bureau having Professional as- ™^^® application pursuant to section one hundred and eighty-four, for sistan oe; how a subpoena to procure the attendance of a witness to be examined, is of obtained. opinion that the interests of the United States require the attendance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney- General to furnish proper professional service in attending such exam- ination, or making such investigation, and it shall be thei duty of the Attorney-General to provide for such service. [See 184 Claims.] 14 reb., 1871, a. 3, v. 18, p. 412. a uS?n'^r*o°r ^^°- ^^^- ^° ^^^^ °^ ^ Department shall employ attorneys or counsel counsel. ^* ^^^ expense of the United States ; but when in need of counsel or advice, shall call upon the Department of Justice, the officers of which shall attend to the same. [See $ j 364, 365, Attokney-Generai,-] 22 June, 1870, s. 17, v. 16, p. 164. Title 15, Chap. 7. gjj^. 1550. No person shall be employed or continued abroad, to receive Appointment ^-nd pay money for the use of the naval service on foreign stations, of persons to dis- whether under contract or otherwise, who has not been, or shall not be, burse money on appointed by and with the advice and consent of the Senate, foreign stations'. ,_^ 17 Jane, 1844, s. 4, v. 5, p. 703- Tltlel9. Sec. 1783. No officer or agent of any banking or other commercial Persons inter corporation, and no member of any mercantile or trading firm, or person ested not to act directly or indirectly interested in the pecuniary profits or contracts of as agents of the such corporation or firm, shall be employed or shall act as an officer or Government. agent of the United States for the transaction of business with such corporation or firm ; and every such officer, agent, or member, or person, so interested, who so acts, sliall be imprisoned not more than two years, and fined not more than two thousand dollars nor less than five hundred dollars. 2 March, 1863, s. 8, v. 12, p. 698. Title 40. Sec. 3614. Whenever it becomes necessary for the head of any Depart- ment or office to employ special agents, other than officers of the Army Bondof special qj. Navy, who may be charged with the disbursement of public moneys, agents. such agents shall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employ- ing them may approve. 4 Aug., 1854, s. 14, v. 10, p. 673. XOTES. — No allowance can be made for any commission or inquiry, except militai^or naval, until special appropriations are made by Congress for the pur- pose.— Op. IV, 106, Oct. 25, 1842, Xegare. An Executive Department being charged with the duty of seeing that the CIVIL SERVICE THE EXECUTIVE DEPAETMENTS, ETC. 139 laws are faithfully executed, has authority to appoint commissioneTS or agents to make investieations required hy acts or resolutions of Congress, but it cannot pay them except from an appropriation for that purpose.— Op. IT, 248, Nelson, oept. 21, 1843. An authority of a special agent appointed to do a paiticular act must he limited to that act and to such acts as are necessary to the performance of it. — Op. XI, 521. ' *^ The Government is not hound by the act or declaration of its agent unless it manifestly appears that he acted within the scope of his authority, or was em- ployed in his capacity as a public agent to do the act or make the declaration for it.— Otto, 93, p. 247. See C. C. n, 599, IV, 401, and VII, 65, and 'Wallaoe, VII, 666, as to the power of agents. Held by the First ComptroUer, that a chief engineer of the Navy, appointed superintendent of the State, War, and Navy Department building, under the legislative appropriation act approved March 3, 1883, should give a bond, as his duties as such were in no way connected with the Navy and his disbursements would he of civil appropriations. CIVIL SERVICE— THE EXECUTIVE DEPARTMENTS. Sec. 163. Classification of Department clerks. 165. Clerkships open to women. 166. Distribution of clerks. 167. Salaries of persons employed in the Depart- ments. 168. Temporary clerks. 169. Authority to employ clerks and other em- ployes. — *- Restriction. 170. Extra compensation to clerks prohibited. Bestriction on employing extra clerks and their pay. Employes not to be paid from contingent fund. Unauthorized rates of pay forbidden. I Solicitor of the Treasury ; and shall from time to time renew, strengthen, and in- crease his official bond, as the Secretary of the Treasury may direct. Each disbursing clerk, except tl^e disbursing clerk of the Treasury De- partment, must, when directed so to do by the head of the Department, superintend the building occupied by his Department.* Each disburs- ing clerk is entitled to receive, in compensation for his services in dis- bursing, such sum in addition to his salary as a clerk of the fourth class as shallmake bis whole annual compensation two thousand dollars a year. 3 March, 1853, s. 3, v. 10, p. 209-211. 3 Maroh, 1873, a. 1, v. 17, p. 485. 3 March, 1855, s. 4, v. 10, p. 869. Report of clerks ^^^- ^^*' '^^^ head of each Department shall make an annual report employed. to Congress of the names of the clerks and other persons that have been employed in his Department and the offices thereof; stating the time that each clerk or other person was actually employed, and the sums paid to each ; also, whether they have been usefully employed ; whether, the services of any of them can be dispensed with without detriment to the public service, and whether the removal of any individuals, and the appointment of others in their stead, is required for the better dis- patch of business. 26 Ang., 1842, 9. 11, v. S, p. 625. i Time of su t>- Sec. 195. Except where a different time is expressly prescribed by mitting annu al law, the various annual reports required to be submitted to Congress by reports. tjje heads of Departments shall be ma(|e at the commencement of each regular session and shall embrace the fransactions of the preceding year. [Various acts of Congress.] Bienniallistsof Sec. 198. The head of each Department shall, as soon as practicable emplo^fis to be after the first day in July in each year-in which a new Congress Sf^o 'fmoSt^"™ ^^ *" S'Ssemble, cause to be filed in the Department of the Interior a full °"°'" """" ■ and complete list of all officers, agents, clerks, and employes employed in his Department, or in any of the offices or Bureaus connected there- with. He shall include in such list all the statistics peculiar to his Department required to enable the Secretary of the Interior to prepare the Biennial Register. [See Public Documents.] 27 April, 1816, s. 1, v. 3, p. 342. | 15 Dec, 1877, s. 2, v. 20, p. 13 3 March, 1851, s. 1, V. 9, p. 600. i -" - 14 July, 1832, V. 4, p. 608. Department. 16 June, 1880, v. 21, p. 259. Tkmporaky Vacancies, Sec. Sec. 180. Temporary appoiutmeuts limited to ten days. 181. Kestnction on temporary appointments. 182. Extra compensation disulowed. Sec. 177. Vacancies, how temporarily filled. 178. Vacancies in subordinate 0]^ces. . 179. Discretionary authority of the President. Tltlt*. Sec. 177. In case of the death, resignation, absence, or sickness of the ( Vacancies how ^^^^ •'^ *°.v Department, the first or sole assistant thereof shall, unless temporarily otherwise directed by the President, as provided by section one hundred filled. and seventy-nine, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. 23 July, 1868, 8. 1, v. 15, p. 168. IToTE. — Under sections 177 to 180, a vacancy occasioned by the death or resig- nation of the bead of a Department, or of a chief of a Bureau therein, can be filled by appointment ad interim for a period of ten days only. Th© power is then exhausted.— Op. XVI, 596, Devens, Deo. 31, 1880. The ten A/^a Is to be computed from the aate of the President's action. — Ibid, 457. Vacancies in Sec. 178. In case of the death, resignation, absence, or sickness of the subordinate of- chief of any Bureau, or of any officer thereof, whose appointment is not ""**• vested in the head of the Department, the assistant or deputy of such * See act March 3, 1883, providing for a Superintendent of State, War, and Ifavy Department building, under Navy Dbpartmbnt. CIVIL SERVICE THE EXECUTIVE DEPARTMENTS, ETC. 147 chief or of auo}i officer, or if there he none, then the chief clerk of snch Bureaoj shall, upleas otherwise directed by the President, as provided hy section one hundred and seventy-nine, perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. Idem, 8. 2. Sec. 179. In any of the cases mentioned in the two preceding sections/ I> ' soretionary except the death, resignation, aijsence, or sickness, of the Attorney-Gen-' f^^jj^^ eral, the President may, in his disci etion, authorize and direct the head of any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties pf the vacant office until a successor is appointed, or the sickness or absence of the incum- bent shall cease. 23 July, 1868, 8. 3, v. 15, p. 168. 22 Jiine, 1870, a. 2, t. 16, p. 162. Sec. 180. A vacancy occasioned by death or realgnatiou must not be Temporary ap. temporarily filled under the three preceding sections for a longer period pointments lim- than ten days. ' en y . 23 Jnly, 1868, n. 3, v. 15, p. 168. Sec. 181. No temporary appointment, designation, or assignment of Eestriotion on one officer to perform the duties of another, in the cases covered by sec- temp or aryap- tions one hundred and seventy-seven and one hundred and seventy- Poi"*™™™- eight, shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate, Idem, s. 2. Sec. 183. An officer performing the duties of another office, during a Extracompensa. vacancy, as authorized by sections one hundred and seventy-seven, one tion disallowed, hundred and seventy-eight, and one hundred and seventy-nine, is not by reason thereof entitled to any other compensation than that attached to his proper office. Idem, i. 3. , Note. — This provision (Section.182) was de«ign«4 to be general, and applies as well to those vacancies which are supplied hy operation of the statute as to those which are filled by designation of the President.— Op. XIII, 7, March 26, 1862, Hoar. Tbnueb or OFFicii, &c. Sec. 1773. Commissions. 1774. Notification of appointments to Secretary of Treasury. 1775. Notification of nominations, rejections, &o., to Secretary of Treasury. 1786. Proceedings against persons illegally hold- ing office. 1787. -Penalty for illegally holding office. Title 19. Sec. 1760. Unauthorized office, no salary for. 1761. Appointees to fill vacancies during recess of Senate. 1762. Salaries to officers improperly holding over. 1767. Tenure of office. 1768. Suspension and filling vacancies. 1769. Filling vacancies 'temporarily. 1770. Term of office not to be extended. 177i. Acceptingorexercisingoffice contrary to law. 1772. Removing, appointing, or commissioning offi- cer contrary to law. Sec. 1760. No money shall be paid from the Treasury to any person acting or assuming to act as an officer, civil, military, or naval, as sal- tTnauthorized ary, in any office when the office is not authorized by some previously office, no salary existing law, unless such office is subsequently sanctioned by l£^w. for. 9. Feb., 1863, a. 2, v. 12,|p. 646. Sec. 1761. No money shall he paid from the Treasury) as salary, to No salaries to anv nerson appointed during the recess of the Senate, lio fiU a va,oanoy certain appoint- , ^ " . , . '■ w» .^ J.1 • i. J i_'i J.L o' J. • ees to nu vacan- in any existing omce, u the vacancy existed while the senate was in des during recess session and was by laiW required to be filled by and with the advice and of Senate, consent of the Senate, until such appointee has been confirmed by the Senate. Idem, Sec. 1762. No money shall be paid or received from the Treasury, or Salaries to offi- paid or received from or retained out of any public moneys or funds of hoIdinsTver' the United States, whether in the Treasury or not, to or by or for the benefit of any person appointed to or authorized to act in or holding or exercising the dqties or functions of any office contrary to sections seven- teen hnndred and sixty-seven to seventeen hundred and seventy, inclu- 148 CIVIL SEKVICE^THE EXECUTIVE DEPARTMENTS, ETC. sive ; nor shall any claim, account, voucher, order, certificate, warrant, or other instrument providing for or relating to such payment, receipt, or retention, be iiresented, passed, allowed, approved, certified, or paid by any officer, or by any person exercising the funotious or performing the duties of any office or place of trust under the United States, for or in respect to such office, or the exercising or performing the functions or duties thereof. Every person who violates any of the provisions of this section shall be deemed guilty of a high misdemeanor, and shall be imprisoned not more than ten years, or fined not more than ten thou- sand dollars, or both. 2 Maroh, 1867, s. 9, v. 14, p. 431. 20 June, 1875, v. 18, p. 109. , Temu'e of office. Sec. 1767. Every person holding any civil office to which he has been or hereafter may be appointed by and with the advice and consent of the Senate, and who shall have become duly qualified to act therein, shall be entitled to hold such office during the term for which he was appointed, unless soaaer removed by and with the advice and consent of the Senate, or by the appointment, with the like advice and consent, of a successor in his place, except as herein otherwise provided. 2 March, 1867, s. 1, v. 14. p. 430. 5 April, 1869, s. 1, v. 16, p. 6. Suspension and Sbc. 17H8. During any recess of the Senate the President is author- filling vacancies ized, in his discretion, to suspend any civil officer appointed by and with the advice and consent of the Senate, except judges of the courts of the United States, until the end of the next session of the Senate, and to designate some suitable person, subject to be removed, in his discretion, by the designation of another, to perform the duties of such suspended officer in the mean time ; and the person so designated shall take the oath and give the bond required by law to be taken and given by the suspended officer, and shall, during the time he performs the duties of such officer, be entitled to the salary and emoluments of the office, no part of which shall belong to the officer suspended. The President shall, within thirty days after the commencement of each session of the Senate, except for any office which in his opinion ought not to be filled, nominate persons to fill all vacancies in office which ex- isted at the meeting of the Senate, whether temporarily filled or not, and also in the place of all officers suspended ; and if the Senate during such session shall refuse to advise and consent to an appointment in the place of any suspended officer, then, and not otherwise, the President shall nominate another person as soon as practicable to the same ses- sion of the Senate for the office. 2 March, 1867, s. 2, v. 14, p. 430. 5 April, 1869, 8. 2, V. 16, p. 7. Notes. — Section 1768 recognizes the existence of a discretion in the President to not fill an office which has become vacant, where, in his judgment, it is nn- necessary in order to execute the laws. The office is not thereby abolished, but is merely left unfilled.— Op. XVI, 266, Devens, Feb. 20, 1879. An officer suspended nnder section 1768. Revised Statutes, is not entitled to the salary of the office during the period of suspension, though no person be nomi- nated for the place or appointed to discharge its duties.— C. C, XVII, lO. Suspension under this section takes etfect on due notice thereof to the oificer, unless the terms of the order fix a stated time after notice. Keceipt of the or- der is due notice. — Op. XV, 62, Pierrepont, Nov. 20, 1875. The acts of a suspended officer, performing the duties of the office (no other person having been authorized to perform them) are those of an officer de facto,. and are valued so far as they concern the interests of the public. — Idem. When no nomination is made, or when one is made and not confirmed, the suspended officer becomes reinstated, but may again be suspended. — Op. XV, 376, Devens, Oct. 4, 1877 ; also, XIII, 301-308. Where an officer has been suspended during a recess of the Senate and another person designated to perform his duties, the President may, at anytime, revoto the suspension, and thus reinstate the officer. — Op. XV, 380, Devens Oct. 13, 1877. The President, in nominating a person to the place of a suspended officer, need not give any reasons for the suspension.— Op. XV, 876, Devens, Oct. 4, 1877. A suspended officer can under no circumstances be allowed the salary of the' officefor the period of his suspension.— Op. XIV, 247, Williams, March 31, 1873. The President may revoke the suspension of an officer and reinstate him in the functions of his office after the i-^ection by the Senate of a nomination to fill his place.— Op. XIII, 221, Hoar, April 2, 1870. The " Tenure of Civil Office Act " impresses upon a class of civil officers a tenure at the will of the officeholder, which cannot be terminated except by the concurrence of the President and the Senate in the appointment of a suc- cessor and his actual induction in the office. — Op. XII, 307, Stanbery Nov 21 1867. ' CIVIL SERVICE THE EXECUTIVE DEPARTMENTS, ETC. 149 Sec. 1769. The President is authorized to fill all vacancies which KlUng vaoan- may happen during the recess of the Senate by reason of death or res- "^^ t'emporaiily. iguation or expiration of term of office, by granting commissions which shall expire at the end of their next session thereafter. And if no appointment, by and with the advice and consent of the Senate, is laade to an office so vacant or temporarily filled during such next ses- sion of the Senate, the office shall remain in abeyance, without any salary, fees, or emoluments attached thereto, until it is filled by ap- pointment thereto by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. 2 March, 1867, 8. 3, v. 14, p. 430. 5 April, 1869, s. 3, V. 16, p. 7. Notes.— The term of office of a chief of a Barean being for four years from appointment, with the consent of the Senate, it begins from the date of snoh appointment, and not from the date specified in the nomination. — Op. XVI, 656. Jan. 27, 1880. Under art. II, sec. 2 of the Constitntion, the President has authority to fill, daring the recess of the Senate, not only vacancies that have originated in the recess, but also such as originated while the Senate was in session. — Op. XVI, 522, Devens, June 18, 1880. Sec. 1770. Nothing in sections seventeen hundred and sixty-seven, Term of office seventeen hundred and sixty-eight, or seventeen hundred and sixty- 1"* to be extend- nine shall be construed to extend the term of any office the duration *^" of which is Umited by law. 2 March, 1867, s. 4, v. 14, p. 431. Sec. 1771. Every person who, contrary to the four preceding sec- Accepting or- tions, accepts any appointment to or employment in any office, or holds exercising oflce or exercises, or attempts to hold or exercise, any such office or employ- ""''traiy to law. ment, shall be deemed guilty of a high misdemeanor, and shall be im- prisoned not more than five years, or fined not more than ten thousand dollars, or both. Ideitit s. 5. Sec. 1772. Every removal, appointment, or employment, made, had, Eemoving, ap- or exercised, contrary to sections seventeen hundred and sixty-seven, pointing, oroom- to seventeen hundred and seventy, inclusive, and the making, sign- TOutra,rv°to°"w ' ing, sealing, countersigning, or issuing of any commission or letter of authority for or in respect to any such appointment or employ- ment, shall be deemed a high misdemeanor, and every person guilty thereof shall be imprisoned not more than five years, or fined not more than ten thousand dollars, or both. IdcTn, ts, 6. Sec. 1773. The President is authorized to make out and deliver, after Commissions, the adjournment of the Senate, commissions for all officers whose ap- pointments have been advised and consented to hy the Senate. Idein. Sec. 1774. Whenever the President, without the advice and consent Notification of of the Senate, designates, authorizes, or employs any person to perform |PPointment8 to the duties of any office, he shall forthwith notify the Secretary of thexrellnrv '^ Treasury thereof, and the Secretary of the Treasury shall thereupon communicate such notice to all the proper accounting and disbursing officers of his Department. Idem,, s. 8. Sec. 1775. The Secretary of the Senate shall, at the close of each Notification of session thereof, deliver to the Secretary of the Treasury, and to each of pominatJonSi re* the Assistant Secretaries of the Treasury, and to each of the Auditors, ^^ecr'e tary ot and to each of the Comptrollers in the Treasury, and to the Treasurer, Treasury, and to the Register of the Treasury, a full and complete list, duly certi- fied, of all the persons who have been nominated to and rejected by the ' Senate during such session, and a like list of all the officers to which nominations have been made and not confirmed and filled at such session. Idem, s. 7. 150 <3IVIL SERVICE THE EXECUTIVE DEPARTMENTS, ETC. •' Pro'cejaings Sec. 1786. WheneTer any person holds office, except as a member of ^afeainst persons Congress or of some State legislature, contrary to the provisions of the office. ^^^ third section* of the fourteenth article of amendment of the Consti- tution, the district attorney for the district in which such person holds office shall proceed against him by writ of quo warranto, returnable to the circuit or district court of the United States in such district, and prosecute the same to the removal of such person front office. 31 May, 1870, s. 14, v. 16, p. 143. Penalty for fl- ^^'^' 1'^^^- Every person who knowingly accepts or holds any office legally holding under the United States, or any State, to which he is ineligible under office. the third'section * of the fourteenth article of amendment of the Consti- tution, or who attempts to hold or exercise the duties of any such office, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than one year, or fined not more than one thousand dollars, or both. Idem, a. 15. Notes. — ^Functionaries of the Government in all of its Departments^ civil or military, supreme or subordinate, general or provincial, political or municipal, are undoubtedly pubUo officers.— Op. Vm, 107, Cusbing, Sept. 30, 1856. No public officer bas authority to enter into a submission on bebalf of the TJuited States which will be binding, unless the power be given by statute.— TJ. S. V. Ames, 1 Woodbury & Minot, p. 76, B. F. D. The acts of a public Officer, on public matters within bis jurisdiction and where be has a discretion, are presumed to be legal until the contrary be shown.— Miller v. Dinsman, 7 Howard, p. 89, B. F. D. Where a particular authority is confided to a public officer, to be ererciaed in bis discretion, upon an examination of facts, of which be is the appropriate judge, his decision thereon, in the absence of any controlling provision, is ab- solutely final.- Allen ». Blunt, 3 Story's EepOrts, 742, B. F. D. The executive officers of the Government are personally liable at law for dam- ages, in the ordinary form of action, for illegal official, ministerial acts or omis- sions, to theiiyury of an individual.— Brightley Federal Digest, p. 597. Cite8 wuihorities. A public officer, sued for an illegal act, cannot justify under the instructions of the bead of an Executive Department. An officer is responsible in damages for au illegal act done under instructions of a superior, but the Government is bound to indemnify him. Where a statute imposes a particular duty upon an executive officer and he has acted (performed his duty according to the understanding of the statute), there is no appeal from his action to the President or to any other executive officer, unless such appeal is provided for by law. — Op. XVJ, 317, Devens, May 2, 1879.' Usages have been established in every Department of the Government, which have become a kind of common law, and regulate the rights and duties of those who act within their respective limits. And no such change of usage can have a retrospective eifect, but must be limited to the future. Usage cannot alter the law, out it is evidence of the construction given to it, and must be considered binding on past transactions— VII, Peters, 1-14, citedby Cuahing.— Op. VIII,7. An Executive Department has no right to omit or delay the cUscharge pf the duties imposed upon it by law, at the request of a committee of a House of Con- gress ; it can only pay attention to such a request when it affects a discretionary power.— Op. Xin, 113, Hoar. June 22, 1869. No process issued under the authority of a State government can obstruct, directly, or indirectly, the operations of the Government of the United States.- Op. XV, 524. where an officer of the United States is acting for the Government in amy transaction, the benefits of which are to the Government, or where tire end is to protect tlie interests of the Government, there seems to be good ground why the Government should interpose and assume liis defense in case he is sued on account of such proceedings.— Op. XIV, 189, Williams, 20 Feb., 1873. - The orders of the head of an Executive Department, in reference to matters within its general supervision and control, are in contemplation of law, those of the President, and have the same binding effect.— Otto, 101, p. 755; Wolsey ti. Chapman, see 13 Peters, 498 ; Wilcox v. Jackson ; also Op. IX, 463, and XI, 400, It is a Settled rule of administrative practice that the official acts of a pre- vious administration are to be considered by its successors as final so far 4s the Executive is concerned.— Op. XV, 208. The Secretary of the Interior should not review the decision of his predecessor, no new facts having been presented. Principal of res admdicata applies.— Op. XV, 316, Devens. See also Op. VIII, 214, and V, 29. The well considered decision of the bead of a Department ought only to be reversed upon clear evidence of mistake or wrong, Op. X, 63. Congress, in case of appointments, may provide that certain acts shall be done by the appointee before be shall enter on the possession of his office un- der his appointment. These acts then become conditions precedent to the • complete investure of the office.— U. S. v. LeBaron, 19 Howard, 78. , *No person * ■ * shall hold any office, civil or military, under the United States, wbo, having previously taken an oath * * as an officer of the United States * * to support the Constitution of the United States, shall have engaged in insurrection or, rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-tbirds of each house, remove such disability. 3d sec. 14tn art. amendment to Constitution. CLAIMS AND OLATM AGENTS. 151 In a matter whicli the law oonfides to the pnre discretion of the Bxeoutive, the decision hy the President or the proper head of the Department, of any question of fact involved, is conclusive and is not subject to revision by any authority in the United States.— Op. VI, 226, Gushing, Kov. 23, 1853. The lawful will of the President may he announced and an act in the au- thority of the President be performed, not only hy a head of a Department, hui in the second or other degree of delegation "by some officer subordinate to such head.— Op, VII, 453, Gushing, Aug. 31, 1855. See this opinion for a full discussion of the relation of the President to the Executive Departments. A public officer is not liable to an action for an honest mistake made in a mat- ter where he was obliged to exercise his judgment, though an individual may thereby au^ev.— Kendall v. Stokes, 3 Howard, 87. B. F. D. PARDONING POWER. The power of pardon, conferred hy the Goinstitution on the President, is unlimited except in case of impeachment. It extends to every offense known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment. The power is not subject to legislative control. A pardon reaches the punishment prescribed for the offense and the guilt of the offender. If granted before conviction it prevents an^ of the penalties and disabilities con- sequent upon conviction from attaching; if granted after coliviotion it removes the penalties and disabilities, and restores him to all his civil rights. It gives him anew credit and capacity. There is only this limitation to its operations- it does not restore offices forfeited or jproperty or interests vested in others in consequence of the conviction and judgment. — S. C., Wallace, 4, p. 334, Dec, 1866. Fines and penalties, where they have not been actually covered into the Treasury, are restorable under a full pardon. — Op. XVI, p. 3, April 29, 1878, Devens.* See also Op. XIV, June 28, 1872, Williams; XII, 81, Stanbery; VIII, p. 281, Gushing; Holt's Digest, p. 26L, The jpardon of a deceased officer or soldier is impracticable for the reason that it IS essential to the validity of a pardon that it should he accepted. A pardon, like a deed, must he delivered to and accepted by the party to whom It is granted in order to be valid. — Holt's Digest, p. 262, cites U. S. v. Wilson, 7 Peters, 150. A remission of the penalty hy a pardon by the President will restore an offi- cer whose rank has been reduced by sentence of a court-martial to his former relative rank accorditig to the date of his commission [Oase of an officer re- duced in rank hy having his name placed lower down on the list of officers of the same grade# The officer loses such opportunities for promotion as may in the meantime have occurred.] — Op. Xll. p. 547, Jan. 22, 1869, Evarts. The pardoning power of the Presi^nt cannot reach an &eecuted sentence which has been regularly imposed h;^ a competent court. When a sentence has been executed m part he oan remit the remainder. — Holt's Digest, p. 260. For a statement of the pnncipal grounds on which the Judge- Advocate -Gen- eral of the Army has favored pardon or remission of the unexpired punish- ments of soldiers, see Winthrop's Digest, pp. 359-360. An application for a pardon was addressed to the President and referred to the War Department. The latter asked the opAlion of the Attorney-General on the subject, who declined to give it, as it would only be advising the Secre- tary of War what to adviSe the President.— Op. XIV, p. 20, March 23, 1872, Williams. . The general power of pardoning hy the President includes the power of par- doning conditionally, or of commuting to a milder punishment that which has been adjudgedagainsttheoffiander. The commut-ation of the President is but a conditional pardon, and that the President may grant such a conditional par- don has been always recognized and decided. — Op. V, 368, May 10, 1851, Crit- tenden, cites JT. S. vs. Wiuon, 7 Peters, 158. CLAIMS AND CLAIM AGENTS. Sec. ,3478. Oatli by persons prosecuting claoms. ''3479, Wbo may adminititer oath. 3480. Claims of disloyalists. 5454. TJnlawful taking papers relating to claims. 5498. Officers, &c., interested in claims. S Deductions of debts due United States. ^ Claims against exhg,u8ted appropriations. Claims based on fratid. Sec. 184. Snbpcenas to witnesses on claims pending. 185. Fees of witnesses. 186. Conipelling testimony. 187. Proiessional assistance, bow obtained. 190. Former employes acting as counsel. 236. Public accounts to be settled in the Treas- ury. 3469. Compromise of claims. 3477. Assignment of claims void, unless, See. Sec. 184. Any head of a Department or Burean in which a claim against the United States is properly pending may apply to any judge s„i,p^n^ or clerk of any court of the United States, In any State, District, or witnesses. Territory, to issue a subpoena for a witness being within the juris- diction of such court, to appear at A time and place in the subpoena stated, before any officer authorized to take depositions to be used in the courts of the United States, there to give full and true answers to such written interrogatories and cross-interrogatories as may be sub- Title 4. to 152 CLAIMS AND CLAIM AGENTS. mitted with the application, or to "be orally examined and cross-exam- ined upon the subject of such claim, 14 Feb., 1871, s. I, v. 16, p. 413. KoTE. — "Where the law imposes on officers the examination and settlement of claims, it gives them the anthority to require that the claim shall be estab- lished, or supported at least, by oaths of witnesses.— Op. XIV, Williams, July 23, 1874. Witnesses' fees. Sbc. 185. Witnesses subpoenaed pursuant to the preceding section shall be allowed the same compensation as is allowed witnesses in the courts of the United States. 14 Feb., 1871, a. 1, v. 16, p. 412. Note. — ^TJnder sec. 848, E. S., for each day's attendance in court or before any of&cer, pursuant to law, a witness is allowed one dollar and fifty cents, andfive cents a mile for going from his place of residence to the place of trial or hearing, and five cents a mile for returning. "When subpoenaed m more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation for attendance shall be allowed — See sec. 850, page 73, parti. Compelling tee- Skc. 186. If any witness, after being duly served with spch sub- timony. poena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, upoji proper process, to enforce obedience to the subpoena, or to punish the disobedience, in like manner as any court of the United States may do in case of process of subpoena ad testiticandum issued by such court. Idem. Professional as- Sec. 187. "Whenever any head of a Department or Bureau having sistance; howob- made application pursuant to section one hundred and eighty-four, for tamed. ^ subpoena to procure the attendance of a witness to be examined, is of opinion that the interests of the United States require the attend- ance of counsel at the examination, or require legal investigation of any claim pending in his Department or Bureau, he shall give notice thereof to the Attorney-General, and of all facts necessary to enable the Attorney-General to furnish proper professional service in attend- ing such examination, or making such investigation, and it shall be the duty of the Attorney-General to provide for such service. Idem, s. 3. Persons for- Sec. 190. It shall not be lawful for any person appointed after the merly i" 'he De- gygj ^^y of June, one thousand eight hundred and seventy-two, as an prosecute (dauns officer, clerk, or employ^ in any ot the Departments, to act as counsel, m them. attorney, or agent for prosecuting any claim against the United States which was pending in either of said Departments while he was such officer, clerk, or employ^, nor in any manner, nor by any means, to aid in the prosecution of any such claim, within two years next after he shall have ceased to be such officer, clerk, or employ^. 1 June, 1872, s. 5, v. 17, p. 202. KoTE. — By the act of July 11, 1864, a member of Congress elect is, previous to as well as after taking the oalh of ofiice, debarred from acting as counsel for parties, and from prosecuting claims against the Government before any De- partment, court-martial, Bureau, office, or any civil, naval, or military commis- sion, if he has received, or has agreed to receive any compensation whatever, directly or indirectly therefor.— Op. XI"V", 133, "Williams, Nov, 2, 1872. Title 7, Chap. 1. Sec. 236. All claims and demands whatever by the United States, or ■ ' against them, and all accounts whatever in which the United States are concerned, either as debtors or as creditors, shall be settled and ad- justed in the Department of the Treasury. 3 March, 1817, s. 2, v. 3, p. 366. Notes. — Services voluntarily rendered, however valuable, and however strongly they may appeal to the liberality and equity of the Government, can- not be said to give the party who renders them a legal right to compensation. The person must have been dulv appointed to some office, or duly employed in some duty recognized by law 'Op. Ill, 357, Butler, Aug. 13, 1838. Services voluntarily performed without contract for compensation, create no legal liability— C. C, XIII. An agent who received payment on a claim in good faith and paid it over to his princi_pal before informed of a mistake made, is not liable. The principal is liable either at the snitof the rightful claimant or of the United States. The officer of the Treasury who made ^he mistake is legally chargeable with the amount, to be passed to bis credit on recovering the money. The rightful owner does not lose his right to be paid out of any money in the Treasury not otherwise appropriated, as the law authorized.— Op. XVI, 193, Devens, Oct. 23, 1878. See also Op. IV, 298, r , 307, V. 183. CLAIMS AND CLAIM AGENTS. 153 Claima against the Grovemment which are disputed by the officers authorized to adjust such accounts may be comproiuised. If the claimant voluntarily enters into such a compromise, accepting a smaller sum than his demand and r"Ting a receipt in fall for the whole, he is bound by the ac^ustment. — C. C., v. , P- 134, Sweeney's case. w here Congress appropriated a certain sum to pay a claimant, and the head of a Department found a less sum due and paid the latter, the appropriation was exhausted when the amount awarded was paid. A succeeding Secretary has no jurisdiction to award claimant an additional sum.— Op. IX, 451, Black, July, 20, 1860. See also Ob. X, 238, Bates, Apr. 29, 1862. If funds to pay a claim are sent at request of claimant, by express, the claim is thereby discharged, whether the funds were received or not. If sent by draft, at his request, claim subsists, unless draft has been paid [to proper party]. A disbursing agent remitting funds due claimant, to his attorney, under instruc- tions from the attorney, given without the knowledge or consent of the claimant, which were not paid over, would be liable to the Government and the Govern- ment to the claimant. — Op. XIV, 485, 'Williams, Oct. 29, 1874. / WhereCongress directs the "adjustment and settlement" of a claim "accord- ing to the rules and regulations heretofore adopted by the United States in the settlement of like cases," and it appears that Congress has generally given in- terest in like cases, it will be allowed. — C. C, X, p. 231. Affirmed by Supreme Court. It is a general rule, founded upon sound principles and uniformly adhered to in the administration of the Government, that the Executive Departments • neither allow nor charge interest to parties in account with the United States, excepting by virtue of express agreement or in pursuance of some special pro- vision otlaw.— Holt's Digest, p. 204. Interest cannot be allowed except "npon a contract expressly stipulating for the payment of interest." — C. C, I, p. 220. As to interest, see Op. IT, 14, 79, 136; Y, 105, 138. Sec. 3469. Upon a report by a district attorney, or any special attorney Title 36. or agent having charge of any claim in favor of the United States, show- compromise ing in detail the condition of such claim, and the terms upon which the same maj' be compromised, and recommending that it be compromised npon the terms so offered, and upon the recommendation of the Solicitor of the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But theprovisionsofthissectionshallnot apply to any claim arising under the postal laws. 3 March, 1863, s. 10, v. 12, p. 740. -N"0TBS. — Under section 3469, the Solicitor of the Treasury may properly recom- mend the acceptance of a compromise offered in discharge of a claim of the United States before payment, where the district attorney advises acceptance upon the ground that, from wont of evidence to establish the facts on which a verdict must depend, he doubts his ability to obtain a judgment, even though the de- fendant is able to pay the amount of the claim. — Op. XVI, 259, Devens, Jan. 30,1879. This section was intended to provide for compromising claims in favor of the United States which are of a personal character; does not extend to claims to real property to which the United States asserts ownership and has a record title.— Op. XVI, 385, Devens, Oct. 1, 1879. • ^t does not confer upon the Solicitor of the Treasury a discretion to recom- mend for compromise cases in which the claim is entirely solvent, but where circumstances of hardship, &c., exist.~Op. XVI, 617, FhiUips, Jan. 8, 1879. Sec. 3477. All transfers and assignments made of any claim upon the Title 36. United States, or of any part or share thereof, or interest therein, , , r — i whether absolute or conditional, and whatever may be the consideration claims vui™ un- therefor, and all powers of attorney, orders, or other authoritieis for re- less, &c. ceiving payment of any such claim, or of any part or share thereof, shall be absolutely null and void, unless they are freely made and ex- ecuted in the presence of at least two attesting witne88es,after the al- lowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof. Such transfers, assign- ments, and powers of attorney, must recite the warrant for payment, and must be acknowledged by the person making them, before an offi- cer having authority to take acknowledgments of deeds, and shall be certified by the officer ; and it must appear by the oertitioate that the officer, at the time of the acknowledgment, read and fully explained the transfer, assignment, orwarrantof attorney to the person acknowl; edging the same.' 26 Feb., 1853, s. 1, v. 10, p. 170. 29 Jnly, 1846, v. 9, p. 41. Notes.— Though the assignment of a claim against the G^ivemment be void under section 3477, E. S., yet if the Treasury recognizes the assignment and pays the amount found due on an accounting' to the assignee, an action will not lie to recover it back.— C. C. XIII, 292.] See in this opinion a statement as to the manner in which accounts and claims against the Government are settled by the accounting officers.] 154 CLAIMS AND CLAIM AGENTS. This section, 3477, not only extends to claims whicli are to he paid by Treaa- ury warrants, tut extends to tliose which relate to claims otherwise payable. — Op. XVI, 361, Devens, Feb. 7, 1879. A power of attorney for the collection of a claim against the Government, not execnted in the presence of *' two attesting witnesses after the allowance of such claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof," is void under the act of Februaiy 26, 1853. — C.u. V, 362 ; see also Op. IX, 188. , . .. xi. The revocation of a power of attorney can only be affected by notice to the agent. Notice to a third party, without notice to the agent, leaves the power in force.— C. 0. Til, 535. .^ ^. A power of attorney not given on account of any valuable consideration paid to the principal, may be revoked before the exercise of authority under it.— Op. IX, 128. . . ^ ' Where a letter of attorney forms part of a contract, and is security for money, or for the performance of any act which is deemed valuable, it la generally made irrevocable in terms, or, if not so, it is deemed irrevocable in law. If a power of attorney be coupled with an "interest" it survives the person giving It and may be execnted after his death. VIII, Wheaton, 203. See Op. VII, 35. A naked power of attorney is revokable at the will of him who gave it, although the writing should say it was irrevocable. — Op. VII, 38. See Op. XI, 7, where it was held that, although an agent, under a power to prosecute, demand, recover, and receive a claim, did prosecute it to the award, and another was appointed to collect, the installmentcould be paid to thelatter— the power of the former not having been coupled with an interest. Oath by per- Sec. 3478. Any person prosecuting claims, either as attorney or on his sons prosecuting ^.^^ account, before any of the Departments or Bureaus of the United Claims. 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 civU service. 17 July, 1862, ». 1, v. 12, p. 610. TVho may ad- Ssc. 3479. The oath provided for in the preceding section may be minister the oath, taten before any justice of the peace, notary public, or other person who is legally authorized to administer an oath in the State or district where the same may be administered. Idem, s. 2. Note. — It is competent to the head of aDepartment, as a measure for the pro- tection of the public interests committed to his charge, to decline to recognize, or to suspend, the transaction of business with an agent or attoiTiey for firauds and fraudulent practices attempted or committed by him in the prosecution of elaims before the Departtoent, and whose character is such that a reasonable degree df confidence cannot be placed in his integrity and honesty in dealing with the Government.— Op. XIII, 150, Hoar, Oct. 4, 1869. Claims of dis- Sec. 3480. It shall be unlawful for any officer to pay any account, loyalists. claim, or demand against the United States which accrued or existed prior to the thirteenth day of April, eighteen hundred and sixty-one, in favor of any person who 'jpromoted, encouraged, or in any manner sus- tained the late rebellion, or in favor of any person who during such re- bellion 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 de- mand, until this section is modified or repealed. But this section shaE not be construed to prohibit the payment of claims founded upon con- tracts made by any of the Departments, where such claims were as- signed 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. [See act of March 3, 1877, chap. 105, p. 362, v. 19, as to payment to mail contractors.] 2 March, 1867, Ees. 46, v. 14, p. 571. Notes. — This section applies only to claims that accrued or existed prior t6 April IS, 1861. It does not apply to claims in favor of corporations aggregate. — Op. XHJ, 398, March 29, 1871, :f terman. This section created a personal disability only, which could not operate against the heirs of parties thus disqualified. — Winthrop's Digest, p. 168. Applicable to claims for bounty land. — Op. XV, p. 450. Tltle70, Chap. 5. Sec. 5454. Every person who takes and carries away, without au- ^znj — . .. , thority from the United States, from the place where it has been filed, ing or using p£ lodgedj or deposited, or where it may for the time being actually be pers relating to kept by authority of the United States, any certificate, affidavit, depo- claims. sition, written stateii ent of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper, prepared, fitted, or intended to be used or presented in order to procure the payment of money from or by the United States, or any officer or agent thereof, or CLAIMS AND CLAIM AGENTS. 165 the allowance or payment of the whole or any part of any claim, ac- count, or demand against the United States, whether the same has or has not alusady been so used or presented, and whether such claim, account, br demand, or any part thereof, has or has not already been allowed or paid, or who presents or uses or attempts to use any such document, record, file, or paper so taken and carried away ia order to procure the payment of any money fronn or by the United States, or any officer or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, shall be imprisoned at hard labor not more than ten years, or fined not more than five thousand dollars. 6 Feb., 1867, s. 6, v. 1*, p. 384. Sec. 5498. Every officer of the United States, or person holding any TitleTO.Cbap. 6 place of trust or profit, or discharging any official function under, or r — in connection with, any Executive Department of the Government of j^^^^'^j'^ 4 j„ the United States, or under the Senate or House of Representatives of claims. ,the United States, who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper^ffioial duties, aids or assists in the prosecution or support of any such claim, or receives any gratuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in considera- tion of having aided or assisted, in the prosecution of such claftn, shall pay a fine of not more than five thousand dollars, or suffer imprison- ment not more than one year, or both. [See under Bribes, &c,. Part IV.] 26 Feb,, 1853, s. 2, v. 10, p. 170. That when any final judgment recovered against the United States jjaroh 3 1875 or other claim duly allowed by legal authority, shall be presented to ' " the Secretary of the Treasury for payment, and the plaintiff or claim- Amount of debt ant therein shall be indebted to the United States in any manner, ^"S,^?',^®". *" ^® whether as'principal or surety, it shall be the duty of the Secretary to i^ g fudgmeS' withhold payment of an amount of such judgment or olaiim equal to the &o. ' debt thus due to the United States ; and if such plaintiff or claimant as- sents to such set-off, and discharges his judgment or an amount thereof equal to said debt or claim, the Secretary shall execute a discharge of the debt due from the plaintiff to the United States. But if such plaintiff. Secretary to or claimant, denies his indebtedness to the United States, or refuses to execute dis- ponsent to the set-off, then the Secretary shall withhold payment of "barge, when, such further amount of such judgment, or claim, as in his opinion will Additional he sufficient to cover all legal charges and costs in prosecuting the amount to be debt of the United States to final judgment. And if such debt is not withheld. already in suit, it shall be the duty of the Secretary to cause legal pro- ceedings to be immediately commenced to enforce the same, and to Duty of Seore- cause the same to be prosecuted to final judgment with all reasonable ^S *° *"® °" dispatch. 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 Balance, how- then be paid over to such plaintiff by such Secretary with six per cent, paid toolaimant. interest thereon for the time it has been withheld from the plaintiff. 3 March, 1875, v. 18, p. 481. [Claims where appropriations are exhausted or turned in. — See act of June 14, 1878, chap. 191, s. 5, v. 30, p. 130, which expired by limita- tion June 14, 1883.] No claim shall hereafter be allowed by the accounting officers, under April 30, 1878. the provisions of the act of Congress, approved June 16, 1874, or by the certain claims Court of Claims, or by Congress, to any person, where 'such claimant, not to be allowed. or those under whom he claims, shall wilfully, knowingly, and with Intent to de&aud the United States, have claimed more than was justly due in respect to such claini, or presented any false evidence to Con- gress, or to any Department or court, in support thereof. 30 AprU, 1878, s. 2, v. 20, p. 524. «- 156 COURT OF CLAIMS. COURT OF CLAIMS. 188. Evidence to be fnmished by the Bepart- mentB. 1059. Jurisdiction. lOI^P". Private claims in Congress, when transmit- ted to Court of Claims. 1061. Judgment for set-off or counter-claim, how enforced. 1062. Decree on account of paymasters, &o. 1063. Claims referred by Departments. 1064. Procedure in cases transmitted by Depart- ments. 1065. Judgments in rases transmitted by Depart- ments, bow ]>aid. 1067. Claims pending; in other courts not to be prosecuted in Court of Claims. 1069. Limitation. 1072. Petition. Sec. 1073. Petition dismissed if issue found against claimant as to allegiance, &c. 1074. Burden of proof and evidence as to loyalty. 1076. Power to call upon Departments for infor- mation. 1086. Claims forfeited for fraud. 1087. New trial on motion of claimant. 1088. New trial on motion of TTnited States. 1089. Payment of judgments. 1090. Interest. 1091. Interest on claims. 1092. Payment of judgment a full discharge, &o. 1093. Final judgments a bar. Cost of record taxed against losing party. Fraudulently claiming more than is due. Act to relieve Congress and Departments of investigating claims. Title 4. Sec. 188. In all suits brought against the United States in the Court Evidence to be "^ Claims founded upon any contract, agreement, or transaction with furnished by the a-^y Department, or any Bureau, officer, or agent of a Department, or Departments in where the matter or thing on which the claim is based has been passed suits pending in upon and decided by any Department, Bureau, or officer authorized to Claims.""'^ ° adjust it, the Attorney-General shall transmit to such Department, Bu- reau, or officer, a printed copy of the petition filed by the claimant, with a request that the Department, Bureau, or officer, shall lurnish to the Attorney-General all facts, circumstances, and evidence touching the claim in the possession or knowledge of the Department, Bureau, or officer. Such Department, Bureau, or officer shall, without delay, and within a reasonable time, furnish the Attorney- General witha full state- ment, in writing, of all such facts, information, and proofs. The state- ment shall contain a reference to or description of all such official docu- ments or papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the Department, office, or place where the same is kept or may be procured. If the claim has been passed upon and decided by the Department, Bureau, or officer, the statement shall succinctly state the reasons and principles upon which such decis- ion was based. In all cases where such decision was founded upon any act of Congress, or upon any section or clause of such act, the same shall be cited specifically ; and if any previous interpretation or con- struction has been given to such act, section, or clause by the Depart- ment, Bureau, or officer, the same shall be set forth succinctly in the statement, and a copy of the opinion filed, if any, shall be annexed to it. Where any decision in the case has been based upon any regulation of a Department, or where such regulation has, in the opinion of the Department, Bureau, or officer transmitting such statement, any bear- ing upon the claim in suit, the same shall be distinctly quoted at length in the statement. But where more than one case, or a class of cases, is pending, the defense to which rests upon the same facts, circumstances, and proofs, the Department, Bureau, or officer shall only be required to certify and transmit one statement of the same, and such statement shall be held to apply to all such cases, as if made out, certified, and trans- mitted in each case respectively. 25 June, 1868, s. 6, v. 15, p. 76. 1 _,^0™.— The head of a Department is not at liberty to furnish to the Court of H ]„. Claims, on a call from that court, information or papers, when to do so would, m his opinion, be injurious to the public interest. A return setting forth such opinion would in all oases be a sufficient answer to the rule.— Op. XIII. 539. Akerman, Nov. 24, 1871. r < i Title 13,Chap.2<. Sec. 1059. The Court of Claims shall have jurisdiction to hear and Jurisdiction ^^t^rmine the followflig matters : Claims founded First. All claims founded upon any law of Congress, or upon any reg- on statutes orulation of an Executive Department, or upon auy contract, expressed fe?™^"*!?' °r ™" °^ implied, with the Government of the United States, and all claims gress? which may be referred to it by either House of Congress. 24 Feb., 1855, s. 1, v. 10, p. 612. 3 MaroTi, 1875, v. 18, p. 481. 22 June, 1874, s. 2, v. 18, p. 192. COURT OF CLAIMS. 157 Second. All setoffs, counter-claims, claims for damages, whether Set-offs and liquidated or unliquidated, or other demands whatsoever, on the part «"'^^'®'^'J^™' " of the Government of the United States against any person making "^ "* °* '^^• claim against the Government in said court. 3 March, 1863, ». 3, V. 12, p. 765. Third. The claim of any paymaster, quartermaster, commissary of Disbursing offi- subslstence, or other disbursing officer of the United States, or of his ''™^- administrators or executors, for relief from responsibility on account of • capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. 9 May, 1866, s. 1, v. 14, p. 44. Fourth. Of all claims for the proceeds of captured or abandoned prop-tured "^"12^- erty, as provided by the act of March 12, eighteen hundred and sixty- doned property, three, chapter one hundred and twenty, entitled "An act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," or by the act of July two, eighteen hundred and sixty-four, chapter two hundred and twenty-five, being an act in addition thereto : Provided, That the rem- edy given in oases of seizure under the said acts, by preferring claim in the Court of Claims, shall be exclusive, precluding the owner of any property taken by agents of the Treasury Department as abandoned or captured property in virtue or under color of said acts from suit at com- mon law, or any other mode of redress whatever, before any court other than I said Coui't of Claims: Provided also, That the jurisdiction of the Court of Claims shall not extend to any claim against the United States growing out of the destruction or appropriation of, or damage to, prop- erty by the Army or Navy engaged in the suppression of the rebellion. [See sec. 3, act of March 3, 1883, p. 161.] 18 Feb., 1875, V. 18, p. 318. 12 March, 1863, s. 3, v. 12, p. 820. 2 .Inly, 1864, ss. 2, 3, v. 13, p. 13. 27 July, 1868, s. 3, v. 15, p-. 243. Sec. 1060. All petitions and bills praying or providing for the satis- Private claims faction of private claims against the Covernment, founded upon any ^en "traia mTt- law of Congress, or upon any regulation of an Executive Department, ted to Court of or upon any contract, expressed or implied, with the Government of Claims, the United States, shall, unless otherwise ordered by resolution of the House in which they are introduced, be transmitted by the Secretary of the Senate or the Clerk of the House of Representatives, with all the accompanying documents, to the Court of Claims. 3 March, 1863, s. 2, v. 12, p. 765. Sbc. 1061. Upon the trial of any cause in which any set-off, counter- Judgments for claim, claim for damages; or other demand is set up on the part of the 'j't"^"^™"**^" Government against any person making claim against the Government forrad. "^ *"' in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant ; and if upon the whole case it finds that the claimant is indebted to the Government, it shall render judgment to that effect, and such judgment shall be final, with the right of appeal, as in other cases provided for by law. Any transcript of such judgment, filed in the clerk's office of any dis- trict or circuit court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such courts are enforced. [See March 3, 1875, Claims, p. 155, as to set-offs.] Idem, B. 3. Sec. 1062. Whenever the Court of Claims ascertains the facts of any Decree on ac- loss by any paymaster, quartermaster, commissary of subsistence, or cunts ot pay- other disbursing officer, in the cases hereinbefore provided, to have ™^^ ®'°' "' been without fault or negligence on the part of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such offi- cer the amount so decreed, as a credit in the settlement of his accounts. 9 May, 1866, s. 2, v. 14, p. 44. Sec. 1063. Whenever any claim is made against any Executive De- Claims referred partment, involving disputed facts .or controverted questions of law, ^^ Departments, where the amount in controversy exceeds' three thousand dollars, or 158 COURT OF CLAIMB. where the decision will affect a class of cases, or furnish a, precedent for the future action of any Executive Department in the adjustment of a class of cases, without regard to the amount involved in the par- ticular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the TInited States, the head of such Department may cause such claim, with all the vouchers, papers, proofs, and documents pertaining thereto, to he transmitted to the Court of Glaims, and the same shall be there proceeded in as if originally commenced hy ihe voluntary action of the claimant; and the Secretary of the Treasury may, upon the certificate of any Auditor or Comptroller of the Tieasury, direct any account, matter, or claim, of the character, amount, or class described in this section, to be trans- mitted, with all the vouchers, papers, documents, and proofs pertaining thereto, to the said court, for trial and adjudication: Providtd, That no case shall be referred by any head of a Department unless it belongs to one of the several classes of cases which, by reason of the subject- matter and character, the said court might, under existing laws, take jurisdiction of on such voluntary action of the claimant. [See act 3 March, 1883, p. 161.] 25 June, 1868, s. 7, v. 15, p. 76. Notes. — The head of a Department may refer a claim direct to the Court of Claims, and he does not waive his right to send a claim there by allowingit in the iirst instance to be passed upon hy the accounting of&oers of the Xres^ ury.— C. C, V, p. 64. The head of a Department may transmit a claim to the Court of Claims un- der sec. 1063 K. S., after the Auditor and Comptroller of the Treasury have settled it and certified a balance due the claimant. — C. C, XII, 319. The head of an Execul ive Department caniiot transmit a claim to the Court of Claims under section 1063, on tbeg^oiin^ that it involves disputed facts or con- troverted questions of law, if he is forbidden by law to pay the claim. — C. C, XV, 414. , Procedure in gj;c. 1064. All cases transmitted by the head of any Department, or ted^bv'^Depart-"?'"* ^'^^ ''®'^*''^''**® "^ ^^^ Auditor or Comptroller, according to the mentsf provisions of the preceding section, shall he proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be sub- ject to the same rules and regulations. , 25 June, 1868, a. 7, v. 15, p. 76. Judgments, in Sec. 1065. The amount of any final judgment or decree rendered in J^88 transmit- favor of the claimant, in any case transmitted to the Court of Claims ments how pafd "uder the two preceding sections, shall be paid out of any specific ap- ' ' propriation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be paid in the same manner as other judgments of the said court. Idem, and 3 March, 1875, v. 18, p. 481. Claimspending Sec. 1067. No person shall file or prosecute in the Court of Claims, or '"t°t^*h ""^"^'^ ill the Supreme Court on appeal therefrom, any claim for or in respect oiited in CoSrt^of "^ ^^i"^ ^^ °^ ^^y assignee of his has pending in any other court any Claims. suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, act- ing or professing to act, mediately or immediately, under the authority ■ of the United States. 26 June, 1868, s. 8, v. 15, p. 677. Limitation. Sec. 1069. Every claim against the United States, cognizable by the Court of Claims, shall be forever barred unless the petition settling fortjx a statement thereof is filed in the court, or tra,n8mitted to it by the Sec- retary of the. Senate or the Clerk of the House of Representatives as provided hy law, within six years after the claim first accrues : Provided, That the claims of married women first accrued during marriage, of per- sons under the age of twenty-one years first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petitiion be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased ; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. 3 March, 1863, s. 10, v. 12, p. 767. Note.— The statute of limitations prescribed by the amendedCoartof Claimi act (M^Tch 1,3, 1863, 12 Stat. L^7e5, § 10) does not ext^end to claims in the Xx- act (M^TCh 1,3, 1863, 12 SStat. 1^^785, 5 11 eoutive Departments.— C. C., XIV, 149. COURT OF CLAIMS. 159 Sec. 1072. Tlie claimant shall, in all cases, fully set forth in his peti- Petition, tion the claim, the action thereon in Congress, or by any of the Depart- ments, if such action has been had; what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested j that no assignment or transfer of said claim, or of any part thereof or interest therein, has been made, except as stated in the petition; that sai^ claimant is justly entitled to the amount therein claimed from the United States, after allowing all just credits. and offsets; that the claimant, and, where the claim Has been assigned, the original and every prior owner thereof, if a citizen, has at ail times borne true allegiance to the GovernmeAt of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that, he believes the facts as stated in the said petition to be true. And the said petition shall be verified by the affidavit of the claimant, his agent, or attorney. 2i Feb., 1855, s. 1, v. 10, p. 612. 3 March, 1863, s. 12, v. 12, p. 767. Sec. 1073. The said allegations as to true allegiance and voluntary Petition dls- aiding, abetting, or giving encouragement to rebellion against the Gov- ">'8sed, if issue ernment may be traversed by the Government, and if on the trial such clataan* as toal- issues shall be decided against the claimant, his petition shall be dis- leglanoe, &o. missed. 3 March, 1863, s. 12, v. 12, p. 767. Sec. 1074. Whenever it is material in any claim to ascertain whether Burden ofproof any person did or did not give any aid or comfort to the late rebellion, f^f evidence as the claimant asserting the loyalty of any snch person to the United ^''y*"^'' States during such rebellion shall be required to prove affirmatively that such person did, during said rebellion, consistently adhere to the United State?, and did give no aid or comfort to persons engaged in said rebel- lion; and the voluntary residence of any snch person in any place where, at any time during such residence, the rebel force or organiza- tion held sway, shall be prima-facie evidence that such person did give aid and comfort to said rebellion and to the persons engaged therein. 25 June, 1868, s. 3, v. 15, p.. 75. SEC..1076. The said court shall have power to call upon any of the Power to call Departments for any information or papers it may deem nepesaary, and "^P™ ^ ep art- shall have the use of all recorded and printed reports made by the com- Sation '°'*"' mittees of each House of Congress, when deemed necessary in the prose- cution of its business. But the head of any Department may refuse and omit to comply with any call for information or papers when, in his ' opinion, such compliance would be injurious to the public interest. 24 Feb., 1855, s. 11, v. 10, p. 614. Sec. 1086. Any person who corruptly practices or attempts to prac- Claims forfeited tice any fraud against the United States in the proof, statement, estab- for fraud, lishment, or allowance of any claim, or of any part of any claim against the United States, shall ipso facto forfeit the same to the Government ; and it shall be the duty of the Court of Claims, in such cases, to find ^ecifically that snch fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Gov- ernment, and that the claimant be forever barred from prosecuting the same. [See act of April 30, 1878, ^o»t.] 3 March, 1863, o. II, v. 12, p. 767. Sec. 1087. When judgment is rendered against any claimant, the l^eir trial op court may grant a new tidal for any reason which,J;>y the rules of com- motion of olai^a- mon law or chancery in suits between individuals, would famish suffl- *"*" cient ground for granting a new trial. 24 Feb., 1855, s. 9, y. 10, p. 614. Sec. 1088. The Court of Cl^ints, at any time while any claim is pend- ITew trial on ing before it, or on appeal from it, ot within two years next after the motion of United final disposition of such claim, may, on motion on behalf of the United states. States, grant a new trial and stay the payment pf any judgment therein, upon soch evidence, cumulative or otherwise, as shall satisfy the court that any fraud, vrroiig, or injustice in the premises has been done to the United States ; hut until an order is made staying the payment of a judgment, the same shall be payable. and paid as now provided by law. 25 Juno, 1868, a. 2, v. 15, p. 75. 160 COUET OF CLAIMS.' Payment of Sbc. 1089. In all oases of final jadgments by th4 Court of Claims, or, judgments. qjj appeal, by the Supreme Court, where the same are affirmed in favor of the claiinanl-, the sum due thereby shall be paid out of any general appropriation made by law for the payment and satisfaction of private claims, on presentation to the Secretary of the Treasury of a copy of saia. judgment, certified by the clerk of the Court of Claims; and signed by the chief justice, or, in his absence, by the presiding judge of said court. [See March 3, 1875, under Claims.] 3 Maroli, 1863, s. 7, v. 12, p. 766. 3 March, 1875, v. 18, p. 481. ■Interest. Skc. 1090. In cases where the judgment appealed from is in favor of the claimant, and the same is affirmed by the Supreme Court, interest thereon at the rate of five per centum shall be allowed from the date of its presentation to the Secretary of the Treasury for payment as afore- said, but no interest shall be allowed subsequent to the affirmance, un- less presented for payment to the Secretary of the Treasury as aforesaid. 3 March, 1863, s. 7, v. 12, p. 766. Interest claims. Sisc. 1091. No interest shall be allowed on any claim up to the time of the rendition of judgment thereon by the Court of Claims, unless upon a contract expressly stipulating for the payment of interest. Idem. Payment of Sbc. 1092. The payment of the amount due by any judgment of the judgment a full Court of Claims and of any interest thereOn allowed by law, as hereiu- tuscharge, so. ^jg^^^g provided, shall be a full discharge to the United States of all claim and demand touching any of the matters involved in the con- troversy. Idem, Flnaljudgments Sec. 1093. Any final judgment against the claimant on any claim a l>ar. prosecuted as provided in this chapter shall forever bar any further claim or demand again.st the United States arising out of the matters involved in the controversy. ' Idem. 3 March, 1877. There shall be taxed against the losing party in each and every cause — :; — 7 — - — — pending in the Supreme Court of the United States or in the Court of ing recmd^" be Claims of the United States, the cost of printing the record in such case, taxed against wliich shall be collected, except when the judgment is against the losing party. United States, by the clerks of said courts, respectively, and paid into the Treasury of the United States. 3 March, 1877, ch. 105, s. 1, v. 19, p. 344. 30 April, 1878. No claim shall hereafter be allowed * * *■ by the Court of Claims . ■——- * * to any person, where such claimant, or those under whom he alloweT°wher e claims, shall wilfully, knowingly, and with intent to defraud the United more is fraudu- States, have claimed more than was justly due in respect of such claim lently claimed or presented any false evidence to Congress, or to any Department or than is due. court, in support thereof. 30 AprU, 1878, ch. 77, s. 2, v. 20, p. 524. AN ACT to afford assistance and relief to Congress and the Executive Departments in the investigation of claims and demands against the G-ovemment. Be it enacted T)y the Senate and Souse of Representatives of the United 3 March, 1883. States of America in Congress assembled, That whenever a claim or mat- Eeferenc e o f ^^^ ^^ pending before any committee of the Senate or House of Eepre- claims pending sentatives, or before either House of Congress, which involves the in- before Congress, vestigation and determination of facts, the committee or house may cause the same, with the vouchers, papers, proofs, and documents per- • taiiiing thereto, to be transmitted to the Court of Claims of the United States, and the same shall there be proceeded in under such rules as the court may adopt. When the facts shall have been found, the court shall not enter j udgment thereon, but shall report the same to the com- mittee or to the house by which the case was transmitted for its con- sideration. f^Eeference o f Sbc. 2. That when a claim or matter is pending in any of the Exec- olaims pending utive Departments which may involve controverted questions of fact or Departments 1^'^' ^^^ ^^^"^ °^ ^"""^ Department may transmit the same, with the vouchers, papers, proofs, and documents pertaining thereto, to said court, and the same shall be there proceeded iu under such rules as the CONTINGENT FUNDS. 161 court may adopt. When the facts and conclusions of law shall have been fouud, the court shall not enter judgm-nt thereon, but shall re- port its findings and opinions to the Departuient by which it was trans- mitted for its guidance and action. Sec. 3. The jurisdiction of said court shall not extend to or include C laims n'ot any claim against the United States growing out of the destruction or J'.'*li"» tlie juris- damagetoproperty.by the Army or Navy during the war for the sup- ^J^™" "^ *"« pressiou of the rebellion, or for the use and occupation of real estate l>y any part of the military or naval forces of the United States in the operations of said forces during the said war at the seat of war; nor shall the said court have jurisdiction of any claim against the United States which is now barred by virtue of the provisions of any law of the United States. Sec. 4. In any case of a claim for supplies or stores taken by or fur- Claims for sup- nished to any part of military or naval forces of the United States for P.' '« ^ Z^"-. ^^■ their use during the late war for the suppression of the rebellion, the aupnre8"8ion of petition shall aver that the person who furnished such supplies or the rebellion, stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States, and the fact of such loyalty shall be a jurisdictional fact ; and unless the said court shall, on a pre- liminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further pnceediugs, be dismissed. ' Sec. 5. That the Attorney-General, or his assistants, under his direc- Defense, tion, shall appear for the defense and protection of the interests of the ^^ ^^ the United United States in all cases which may be transmitted to the Court of'" Claims under this act, with the same power to interpose counter-claims, offsets, defenses for fraud practiced or attempted to be practiced by » claimants, and other defenses, in like manner as he is now required to defend the United States in said court. Sec. 6. That in the trial of such cases no person shall be excluded as Parties in inter- a witness because he or she is a party to or interested in the same. ^^^ ^"3" testify. Sec. 7. That reports of the Court of Claims to Congress under this Continuation act, if not finally acted upon during the session at which they are re- of reports. ported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. 3 March, 1883, chap. 116, P. E. L., p. 485. CONTINGENT FUNDS. Sec. 192. Expenditure for newspapers. 193. Annual report of expenditure. 430. Estimates for contingent expenses. 1779. Expenditure for newspapers. 1780. Failure to make report. Sec. 3676. 3682. How controlled, tfec. Restrictions on contingent appropriations. Purchases from contingent fund restricted. Statement to be made to Congress. Not to be used to pay salaries. Title 4. Sec. 192. The amount expended in any one year for newspapers, for any Department, except the Department of State, inclnding all the Expenditure Bureaus and ofiSoes connected therewith, shall not exceed one hundred for newspapers. dollars. And all newspapers purchased with the public money for the use of either of the Departments must be preserved as files for such De- partment. 26 Aug., 1842, s. 16, v. 5, p. 626. Sec. 193. The head of each Department shall make an annual report Annual report to Congress, giving a detailed statement of the manner in which the °f oontTngen t contingent fund for his Department, and for the Bureaus and offices funds, therein, has been expended, giving the names of every person to whom any portion thereof has been paid ; and if for anything furnished, the quantity and price; and if for any service rendered, the nature of such service, and the time employed, and the particular occasion or cause, in brief, that rendered such service necessary ; and the amount of all former appropriations in each case on hand, either in the Treasury or in the hands of any disbursiug officer or agent. And he shall require of the disbursing officers, acting under his direction and authority, the return of precise and analytical statements and receipts for all the moneys which may have been from time to time during the next preced- 11181 11 162 CONTINGENT FUNDS. ing year expended by them, and shall communicate the results ot such returns and the sums total, annually, to Congress. [See 20 June, 1874, posf] 26 Aug., 1842, s. 20, v. 5, p. 527. Title 10. Sec. 430. All estimates for • * contingent expenses of the Depart- — 7 T~ ment, and of the several Bureaus, shall be furnished to the Secretary expends of ^^^ Navy by the chiefs of the respective Bureaus. [See § 3666, Ap- PEOPEIATIONS. ] 5 July, 1862, 3. 5, V. 12, p. 511. Title 19. Sec. 1779. No executive officer, other than the heads of Departments, — TTT _ shall apply more than thirty dollars, annually, out of the contingent fornewepapers. fnnd under his control, to pay for. newspapers, pamphlets, periodicals, or other books or prints not necessary for the business of his office. 3 March, 1839, s. 3, v. 5, p. 349. Tailuretomake Sec. 1780. Every officer who. neglects or. refuses to make any return returns or re- qj. report which he is required to make at stated times by any act of ports. Congress or regulation o'f the Department of the Treasury, other than his accounts, within the time prescribed by such act or regulation, shall be fined not more than one thoussRid dollars and not less than one hun- dred. 18 July, 1866, 8. 42, V. 14, p. 188, Title 41. Sec. 3676. All appropriations for " * contingent expenses of the ABDropriationa ^^^y Department shall be under the control and expended by the direc- controllMbySeo- tion of the Secretary of the Navy, and the appropriation for each Bn- retary : each Bu- rean shall be kept separate in the Treasury. IT-rt^" '''''* ' ■^"'?' ^«''' ^- =■ "■ ''■ ^- «"• Eestrlctions on Sec. 3682. No moneys appropriated for contingent, incidental, or mis- contingent, &c., cellaneous purposes shall be expended or paid for official or clerical appropriations, compensation. [ See Aug. 7, 1882, ;>os«. ] 12 July, 1870, 8. 3, v. 16, p. 250. [The naval appropriation act of August 5, 1882, forbids paying from the contingent fund of the Navy for personal services in the Navy Department or any of its subordinate bureaus or offices in the District of Columbia.] Purcliasesfrom Sec. 3683. No part of the contingent fund appropriated to any De- rartricted P^"^™^"*' Bureau, or office, shall be applied to the purchase of any articles except such as the head of the Department shall deem neces- sary and proper to carry on the business of the Department, Bureau, or office, and shall, by written order, direct to be procured. 26 Aug., 1842, 8. 19, T. 5, p. 527. Notes. — The Secretary of the Navy can draw on the contingent fund for pur- poses of a contingent character— that is, such as might or might not happen, and which Congress could not easily foresee, and therefore could not provide for deflnitely.— Op. 1, 302, Wirt. The worclB "Contingent expenses," as used in the appropriation acts, mean such incidental, casual expenses as are necessary, or at least appropriate and convenient, in order to the performance of the duties required by law of the De- partipent or the office for which the appropriation is made. — Op. XVI, 412, Dev- ens, Dec. 19. 1879. v , , 20 June, 1874. Hereafter a detailed statement of the expenditure for the preceding Statement of ^^''^^ y^^'^ °f ^^ sums appropriated for contingent expenses in any De- expenditures to partment or Bureau of the Government, shall be presented to Congress be reported at at the beginning of each regular session, beginning of ses- , ... . ..„ „_ eion Appropriation acts, v, 18. p. 355 ; v. 19, p. 156-306, 20 June, 1874, v. 18, p. 85, and subsequent acts. Aug. 7, 1882. And no civil officer, clerk, draughtsman, copyist, messenger, assistant Contingent not messenger, mechanic, watchman, laborer, or other employ^ shall here- to be used to pay after be employed at the seat of j;overnment in any executive depart- clerks, &o. ment or subordinate bureau or office thereof, or be paid from any appro- priation made, for contingent expenses, or for any specific or general purpose, unless such employment is authorized and payment therefor specifically provided in the law granting the appropriation, and then only for services actually rendered in connection with and for the pur- poses of the appropriation from which payment is made, and at the rate of compensation usual and proper for such services. * « •• 7 Aug., 1882, P. E. li., p. 265. DEBTS DUE BY OR TO THE UNITED STATES. 163 DEBTS DUE BY OR TO THE UNITED STATES. 36C. 3466. Priority established. 3467. Liability of executors. 3468. Priority of sureties. 3469. Compromises. 3470. Purchase on execution. Sec. 3471. Discharge of poor debtor by Secretary of the Treasory. 3472. Discharge by the President. , Deduction of debts due from judgments. Sec. 3466. Whenever any person indebted to the United States is insol- Htle 36. vent, or whenever the estate of any deceased debtor, in the hands ot prjorjiy estah- the executors or administrators, is insufficient to pay all the debts due Ushed. from the deceased, the debts due to the United States shall be first satisfied ; and the priority hereby established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, mates a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor are attached by process of law, as to cases in which an act of bankruptcy is committed. 3 March, 1797, s . 5, v. 1, p. 515. 2 March, 1799, s. 65, v. 1, p. 676. Sec. 3467. Every executor, administrator, or assignee, or other person, LiabUiWofex- who pays any debt due by the person or estate from whom or for which *" o™™- *"• he acts, before he satisfies and pays the debts due to the United States from' such person or estate, shall become answerable in his own person and estate for the debts so due to the United States, or for so much thereof as may remain due and unpaid. 2 March, 1799, s. 65, v. 1, p. 676. Sec, 3468. Whenever the principal in any bond given to the United Priority of sure- States is Insolvent, or whenever, such principal being deceased, his '*'■ estate and effects which come to the hands of his executor, administrator, or assignee, are insufficient for the payment of his debts, and, in either of such cases, any surety on the bond, or the executor, administrator, or assignee oif such surety pays to the United States the money due upon such bond, such surety, his executor, administrator, or assignee, shall have the like priority for the recovery and receipt of the moneys out of the estate and effects of such iniolvent or deceased principal as is secured to the United States ; and may bring and maintain a suit upon the bond, in law or equity, in his own name, for the recovery of all moneys paid thereon. IMd. Skc. 3469. Upon a report by a district attorney, or any special attorney Compromise, oragenthavingchargeof any claim in favorof the United States,8howing in detail the condition of such claim, and the terms upon which the same may be compromised, and recommending that it be compromised upon Qp. xm, 480 • the terms so offered, and upon the recommendation of the Solicitor of xVi| 250, 259. ' the Treasury, the Secretary of the Treasury is authorized to compromise such claim accordingly. But the provisions of this section shall not apply to any claim arising under the postal laws. 3 March, 1863, ». 10, v. 12, p. 740. Sec. 3470. At every sale, on execution, at the suit of the United Purchase on States, of lands or tenements of a debtor, the United States may, by e^eoi'ioo- such agent as the Solicitor of the Treasury, shall appoint, become the purchaser thereof; but in no case shall the agent bid in behalf of the United States a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs. Whenever such pur- chase is made, the marshal of the district in which the sale is held shall make all needful conveyances, assignments, or transfers to the United States. 26 May, 1824, s. 2, v. 4, p. 51. Sec. 3471. Any person imprisoned upon execution issuing from any Discharge o f court of the United States, for a debt due to the United States, whichhe g°" .f^J'*"? ^ is unable to pay, may, at any time after commitment, make application, Treasury, in writing, to the Secretary of the Treasury, stating the circumstances of his case, and his inability to discharge the debt; and thereupon the 164' DEBTS DUE BY OR TO THE UNITED STATES. Secretary may make, or require to be made, an examination and inquiry into the circumstances of the debtor, by the oath of the debtor, which the Secretary, or any otherperson by him specially appointed, is author- ized to administer, or otherwise, as the Secretary shall deem necessary and expedient, to ascertain the truth; andnponproof made to his satis- faction, that the debtor is unable to pay the debt for which he is impris- oned, and that he has not concealed or made any conveyance of his estate, in trust, for himself, or with an intentto defraud the United States, or to « deprive them of their legal priority, the Secretary is authorized to receive from such debtor any deed, assignment, or conveyance of his real or personal estate, or any collateral security, to the use of the United States. Upon a compliance by the debtor with such terms and conditions as the Secretary may judge reasonable and proper, the Secretary must issue his order, under his hand, to the keeper of the prison, directing him to discharge the debtor from his imprisonment under such execution. The debtor shall not be liable to be imprisoned again for the debt ; but the judgment shall remain in force, and may be satisfied out of any estate which may then, or at any time afterward, belong to the debtor. The beneiit of this section shall not be extended to any person imprisoned for any fine, forfeiture, or penalty, incurred by a breach of any law of the United States, or for moneys had and received by any officer, agent, or other person, for their use ; nor shall its provisions extend to any claim arising under the postal laws. 6 June, 1798, 88. 1, 3, v. 1, pp. 561-562. Discharge by Sec. 3472. Whenever any person is imprisoned upon execution for a the President, debt due to the United States, which he is unable to pay, and his case is such as does not autliorize his discharge .by the Secretary of the Treasury, under the preceding section, he may make application to the President, who, upon proof made to his satisfaction that the debtor is unable to pay the debt, and upon a compliance by the debtor with such terms and conditions as the President shall deem proper, mayorderthe discharge of such debtor from his imprisonment. The debtor shall not be liable to be imprisoned again for the same debt; but the judgment shall remain in force, and may be satisfied out of any estate which may then, or at any time afterward, belong to the debtor. 3 March, 1817, v. 3, p. 399. March 3, 1875. That when any final judgment recovered against the United States Amount of debt °^ "ther claim duly allowed by legal authority, shall be presented to due U. S. to be ^^^ Secretary of the Treasury for payment, and the plaintiff or claim- withheld by Sec- ant therein shall be indeb ted to the tfnited States in any manner, whether retarjr of Treas- as principal or surety, it shall be the duty of the Secretary to withhold jrSgments'^^'c.f Payment of an amount of such judgment or claim equal to the debt of Abtor against ^'1'"^ "i"^ to the United States; and ifsuch plaintiff or claimant assents tr.S. to such set off, and dischargeshisjudgment or an amount thereof equal Secretary t o *•> ^^^^ debt or claim, the Secretary shall execute a discharge of the execute dis- debt due from the plaintiff to the United States. charge, when. But if such plaintiff, or claimant, denies his indebtedness to the United States, or refuses to consent to the set-off, then the Secretary shall withhold payment of such further amount of such judgment, or claimj as in his opinion will be sufficient to cover all legal charges and costs in prosecuting the debt of the United States to final judgment. Procee dings And if such debt is not already in suit, it shall be the duty of the w hen claimant Secretary to cause legal proceedings to be immediately commenced to denies debt. enforce the same, and to cause the same to be prosecuted to final judg- ment with all reasonable dispatch. Balance, how And if in such action judgment shall be rendered against the United paid when claim- States, or the amount recovered for debt and costs shall be less than ment agSnst u' *^^ amount SO withheld as before provided, the balance shall then be S_ " ■ paid over to such plaintiff by such Secretary with six per cent, inter- est thereon for the time it has been withheld from the plaintiff. 3 March, 1875, v. 18, p. 48S. Note. — Security for a debt is not payment. The Fourth Auditor is not author- ized to consider security offered for a debt due the United States, however ample it may be, a payment of a debt.— Op. 1, p. 593, Wirt, Jan. 24, 1823. DISTRESS-WARRANTS. 165 DISTRESS-WARRANTS. Sec. 3625. Diatress-warrant, 3626. ConteDts of warrant. 3627. Execution against oflBcer. 3628. Execution against surety. 3620. Levy to be a lien. 3630. Sale of lands, &o., on execution. 3631. Conveyance of lands sold. 3632. Disposal of surplus. 3633. Penalty on disbursing oflceT failing to ac- count. ' Sec. 3634. Extent of application of provisions relating to distress-warrants. 3635. Postponement of prooeedings for non-ac- counting, when allowed. 3636. Injunction to stay distress-warrant. 3637. Proceedings on clistresa-warrant in circalt court. 3638. Eights of United States reserved. Title 10. Sbc. 36'25. Whenever any collector of the revenue, receiver of public money, or other officer who has received the public money before it is Distress- war- paid into the Treasury of the United States, fails to render his account, rant, or pay over the same in the manner or vrithin the time required by law, it shall be the duty of the First Comptroller of the Treasury or the Commissioner of Customs as the case may be, to cause to be stated the account of such officer, exhibiting truly the amount due to the United States, and to certify the same to the Solicitor of the Treasury, who shall issue a warrant of distress against the delinquent officer and his sureties, directed to the marshal of the district in which such officer and bis sureties reside. Where the officer and his sureties reside in different districts, or where they, or either of them, reside in a district other than that in which the estate of either may be, which it is in- tended to take and sell, then such warrant shall be directed to the marshals of such districts, respectively. 15 May, 1820, 8. 2, v. 3, p. 592. > 29 May, 1830, s. 1, v. 4, p. 414. 27 Feb., 1877, v. 19, p. 249. Sec. 3626. The warrant of distress shall specify the amount with Contents of which such deliquent is chargeable, and the sums, if any, which have warrant, been paid. Ibid. Sec. 3627. The marshal authorized to execute any warrant of distress Execution shall, by himself or by his deputy, ^proceed to levy and collect the sum *S*™** oflioer. remaining due, by distress and sale of the goods .ind chattels of such dilinquent officer ; having given ten days' previous notice of such in- tended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town and county where the goods or chattels were taken, or in the tow» or county where the owner of such goods or chattels may reside. If the goods and chattels be not sufficient to satisfy the warrant, the same may be levied upon the person of such officer, who may be committed to prison, there to remain until dis- charged by due course of law. 15 May, 1820, 8. 2, v. 3, p. 593. Sec. 3628. If the delinquent officer absconds, or if goods and chattels ^^^^^ ^^j,*^* » ° belonging to him cannot be found sufficient to satisfy the warrant, the i e 7- marshal or his deputy shall proceed, notwithstanding the commitment of the delinquent officer, to levy and collect the sum which remains due by such delinquent, by the distress and sale of the goods and chattels of his sureties; having given ten days' previous notice of such intended sale, by affixing an advertisement of the articles to be sold at two or more public places in the town or county where the goods or chattels were taken, or in the town or county where the owner resides. Ibid. Se(!. 3629. Theamountduebyanydelinquent officer is declared to' be Levy to be a lien upon the lands, tenements, and hereditaments of such officer and "' his sureties, from the date of a levy in pursuance of the warrant of dis- tress issued against him or them, and a record thereof made in the office of the clerk of the district court of the proper district, until the same is discharged according to law. Ibid. Sec. 3630. For want of goods and chattels of a delinquent officer, or Sale of lands his sureties, sufficient to satisfy any warranfof distress issued pursuant regulated, to the foregoing provisions, the lands, tenements, and hereditaments of 166 DISTKESS-WAERANTS. such officer and his sureties, or so much thereof as may be necessary for that purpose, after being advertised for at least three weeks in not less than three public places in the county or district where such real estate is situate, before the time of sale, shall be sold by the marshal of such district or his deputy. Ibid. Conveyance of Sec. 3631. For all lands, tenements, or hereditaments sold in pursu- landa. anoe of the preceding section, the conveyance of the marshal or his dep- uty, executed in due form of law, shall give a valid title against all persons claiming under such delinquent ofScer or his sureties. Ibid. Disposal of atir- Sec. 3632. All moneys which may remain of the proceeds of sales, plus. after satisfying the warrant of distress, and paying the reasonable costs and charges of the sale, shall be returned to such delinquent officer or surety, as the case may be. Ibid. Failnre of dis- Sec. 3633. Whenever any officer employed in the civil, military, or ■bnrsingofacerto naval service of the Government, to disburse the public money appro- account; pen-pj,ja^ted for those branches of the public service, respectively, fails to •^' render his accounts, or to pay over, in the manner and in the times required by law, or by the regulations of the Department to which he is accountable, any sum of money reiiiaining in his hands, it shall be the duty of the First or Second Comptroller of the Treasury, as the case maybe, who shall be charged with the revision of the accounts of such officer, to cause to be stated and certified the account of such delinquent officer to the Solicitor of the Treasury, who is hereby author- ized and required immediately to proceed against such delinquent offi- , cer, in the manner directed iu the six preceding sections. 15 May, 1820, s. 3, v. 3, p. 594. 20 May, 1830, 8. 1, T. 4, p. 414. Extent of ap- Sec. 3634. All the provisions relating to the issuing of a warrant of plioation of pro-^gtjggg against a delinquent officer shall extend to every officer of the tresB^arrants" Government charged with the disbursement of the public money, and to their sureties, in the same manner and to the same extent as if they were herein described and enumerated. 15 May, 1820, s. 3, v. 3, p. 594. Postponement Sec. 3635. With the approval of the Secretary of the Treasury, the for nmtaccount^ ^'^^*'*^*^'"^ of proceedings by a warrant of distress may be postponed, ing, allowed. for a reasonable time, iu cases where, in his opinion, the public interest will sustain no injury by such postponement. Ibid. * Injunction to Sec. 3636. Any person who considers himself aggrieved by any war- stay dl a t r e 8 s- rant of distress issued under the foregoing provisions may prefer a bill warrant. gf complaint to any district judge of the United States, setting forth therein the nature and extent of the injury of which he complains ; and thereupon the judge may grant an inj unction to stay proceedings on such warrant altogether, or for so much thereof as the nature of the case requires. But no injunction shall issue till the party applying for it gives bond, with sufficient security, in a sum to be prescribed by the judge, for the performance of such judgment as may be awarded against him ; nor shall the issuing of such injunction in any manner impair the lien produced by the issuing of the warrant. And the same proceed- ings shall be had ou such injunction as in other cases, except that no answer shall be necessary on the part of the United States ; and if, upon dissolving the injunction, it appears to the satisfaction of the judge that the application for the injunction was merely for delay, the judge may add to the lawful interest assessed on all sums found due against the complainant such damages as, with such lawful interest, shall not exceed the rate of ten per centum a year. Such injunction may be granted or dissohed by the district judge either in or out of court. ' Ihid., 88. 4, 5. Proceedings on Sec. 3637. When the district j udge refuses to grant an injunction to distress in cir- stay proceedings on a distress-warrant, as aforesaid, or dissolves such cult court. injunction after it is granted, any person who considers him.self aggrieved by the decision in the premises may lay before the Circuit justice, or DISBURSING OFFICERS AND AGENTS. 167 circuit judge of the circuit within which such district lies, a copy of the proceedings had before the district judge ; and thereupon the circuit justice or circuit judge may grant an injunction, or permit an appeal, as the case may be, if, in his opinion, the equity of the case requires it. The same proceedings, subject to the same conditions, shall be had upon such injunction in the circuit court as are prescribed in the district court. Ibid.j as. 4, 6, 10 AprU, 1869, a. 2, v. 16, p. 44. Sec. 3638. Nothing contained in the provisions of this Titlerelating Eights of Uni- to distress-warrants shall be construed to take away or impair any right **?„.|'**®' '^*' or remedy which the United States might have, by law, for the recovery '° of taxes, debts, or demands. 15 May, 18S0, a. 9, v. 3, p. 596. DISBURSING OFFICERS AND AGENTS. Sec. 285. DisbTirsemeiits by order of commanding officer. 957. Suits against delinquents. 1389. Paymasters not to loan. 1550. Disbursing agents on foreign stations. 1563. Advances on distant stations. 1766. Officers in an-ears. 1788. Disbursing ofacers forbidden to trade in pub- lic funds or property. 3614. Bonds of special agents. 3620. Duty of disbursing officers. 3621. Penalty for failure to deposit when required. 3622. Accounts, when to be rendered. 3623. Distinct accounts required. 3624. Suits to recover moneys #om officers. 3639. Duties of custodian of public money. 3648. Advances prohibited. Sec. 5481. Ofl&cers guilty of extortion. 5483. Bequiring receipts for larger sums than paid. 5488. nnlawfully depositing, loaning, &c., publio moneys. 5489. Failure of Treasurer, &c., to safely keep public money. 5490. Custodian of public money failing to safely keep, without loaning, &c. 5491. Failure of officers to render accounts, &c. 5492. Failure to deposit as required. 5493. Provisions of the five preceding sections, how applied. 5494. Record evidence of embezzlement. 5495. Prima-facie evidence. 5496. Evidence of conversion. 5497. "Unlawfully receiving, &c., to be embezzle. ment. Sec. 285. Every disbursement of public moneys, or disposal of publio Title 7, Chap. 4. stores, made by a disbursing officer pursuant to an order of any com- Disbursements, manding officer of the Navy, shall be allowed by the proper accounting &o., by order oi' officers of the Treasury, in the settlement of the accounts of the officer, commanding offl- upon satisfactory evidence of the making of such order, and of the pay- <=er of Navy, ment of money or disposal of stores in conformity with it; and the com- manding officer by whose order such disbursement or disposal was made, shall be held accountable for the same. 3 March. 1849, Ees. 2, v. 9, p. 419. Sec. 9b1'. When suit is brought by the United States against any Iltlel3,Chap.l8. revenue officer or other person accountable for public money, who neg- jjeiinq^entsfor lects or refuses to pay into the Treasury the sum or balance reported pn^y^ money; to be due to the United States, upon the adjustment of his account it judgment at re- shall be the duty of the court to grant judgment at the return term, tnmterm.nnless, upon motion, unless the defendant, in open court, (the United States *"■ attorney being present,) makes and subscribes an oath that he is equi- tably entitled to credits which had been, previous to the commence- ment of the suit, submitted to the accounting officers of the Treasury, and rejected; specify iog in the affidavit each particular claim so re- jected, and that he' cannot then safely come to trial. If the court, when such oath is made, subscribed, and filed, is thereupon satisfied, a continuance until the next succeeding term may be granted. Such continuance may also be granted when the suit is brought upon a bond or other sealed instrument, and the defendant pleads uon est factum, or makes a motion to the court, verifying such plea or motion by his oath, and the court thereupon requires the production of the original bond, contract, or other paper certified iu the affidavit. And no con- tinuance shall be granted except as herein provided. [See § 3624.] 3 March, 1797, s. 3, v. 1, p. 514. Sec. 1389. It shall not be lawful for any paymaster, passed assistant Title 15, Chap. 1 . paymaster, or assistant paymaster, to advance or loan, under any pre- Loanstoofficers .ease whatever, to any officer in the naval service, any sum of money, by paymasters. *public or private, or any credit, or any article or commodity whatever. 26 Aug., 1842, 8. 6, V. 5, p. 536. 22 June, 1860, s. 3, v. 12, p. 83. 168 DISBUESING OFFICERS AND AGENTS. Title 15, Chap. 7. Sec. 1550. No person shall be employed or continued abroad, to re . , , ceiye and pay money for the use of the naval service on foreign sta- on foreign" Bta- tions, vrhether under contract or otherwise, -who has not been, or shall tions. not be, appointed by and with the advice and consent of the Senate. 17 Jane, 1844, 8. 4, v. 5, p. 703. Title 16, Chap. 8. Sbo. 1563. The President of the United States may direct such ad- • ^ — ■ vances, as he may deem necessary and proper, to such persons in the Advances to jj^val service as may be employed on distant stations where the dis- tanrstations. charge of the pay and emoluments to which they are entitled cannot be regularly effected. [See § 3648.] 31 Jan., 1823, s. 1, v. 3, p. 723. Title 19. Sbc. 1766. No money shall be paid to any person for his compensation ■ ; who is in arrears to the United States, until he has accounted for and Officers in ar- ^^^^ ^^^ ^y^^^ Treasury all sums for which he may be liable. In all "*'^°' cases where the pay or salary of any person is withheld in pursuance of this section, the accounting officers of the Treasury, if required to do so by the party, his agent or attorney, shall report forthwith to the Solicitor of the Treasury the balance due ; and the Solicitor shall, within sixty days thereafter, order suit to be commenced against such delin- quent and his sureties. 25 Jan., 1828, v. 4, p. 246. 20 May, 1836, v. 5, p. 31. KOTES. — The phrase "who is in arrears to the United States" seems to apply materially and properly only to persons who, having previous transactions of a pecuniary nature with the Government, are found, upon the settlement of those transactions, to be in arrears to the Government by holding in their handspufi- lic moneys wbich they are to refund. Op. I, 676, Wirt, July 22, 1824, IIi; 52, Butler, March 21, 1836. Pay of officers, ascertained to be in default, can be with- held where the time for the accounting duly has actually passed — not other- wise.— Op. IV, 33, May 24, 1842, Legare. "Pay," "salary," or "compensation" are synonymous terms, under the act of 25 January, 1828, authorizing the withholdin^f the pay of persons in arrears. The authority does not extend to rations.— Op. H, 420. "Extra pay," which is not pay proper, cannot be withheld. — Op. II, 593. The ofdcerjof the Treasury are authorized to withhold the pay of officers of the G-ovemraent who are ascertained to be defaulters, where the time for account- ing has actually passed, but not otherwise. "Forthwith " is equivalent to ' ' with- out unnecessary delay." — Op. IV, 33, Legare, May 24, 1842. It is the duty of disbursing officers to repay funds remaining in hand when the time for them to go to the surplus fund arrives. Certificates issued previous to that time, upon claims definitely ascertained, may be paid out of these ap- propriations, even though the time has passed for them to go to the surplus fund, if the disbursing officer has any of the appropriation in bis hands. For what period and to what amount such officers should be allowed to retain funds in their hands for that purpose is a matter of administration falling within the province of the Secretary of the Treasurji to regulate.— Op. XV. 357, Devens, Aug. Iff, 1877. The words "expenditures incurred" do not mean liabilities incurred. To incur an expenditure is to make a payment — to expend money. To incur lia- bility and to incur an expenditure are two different and distinct things; and while the word incur ia not frequently used in connection with expenditure, vet when used it means an expenditure actually made. — Op. XIV, 128, Williams, Sept. 17, 1878. Title ID. Sec. 1788. Every officer of the United States concerned in the dis- Disbnrsing offi- l>ilrsement of the revenues thereof wlio carries on au.v trade or business cers forbidden to in the funds or debts of the United States, or of any State, or in any trade in public public property of either, shall be deemed guilty of a misdemeanor; fmids or prop- a,nd punished by a fine of three thousand dollars, and shall, vipon con- * ^' viction, be removed from office, and forever thereafter be incapable of holding any office under the United States. 2 Sept., 1789, d. 8, V. 1, p. 67. 8 May, 1792, s. 12, v. 1, p. 281. 2 March, 1799, s. 87, v. 1, p. 695. Title 40. Sue. 3614. Whenever it becomes necessary for the head of any De- Bond of special P^'^*™®'^*' O'^ office to employ special agents, other than officers of the agents. Army or Navy, who may be charged with the disbursement of public moneys, such agent sliall, before entering upon duty, give bond in such form and with such security as the head of the Department or office employing them may approve. [Seenotestothisseotion under Agents.] 4 Aug., 1854, s. 14, V. 10, p. 573. Duty of dis- Sbc. 3620. It shall be the duty of every disbursing officer having any bursing officers, public money intrusted to him for disbursement, to deposit the same with the Treasurer or some one of the assistant treasuters of the United / DISBURSING OFFICERS AND AGENTS. 169 States, and to draw for the same only as it may be required for pay- ments to be made by hi m in pursuance of law and draw for the same only in favor of the persons to whom payment is made ; and all tranfers from the Treasurer of the United States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no treasurer or as- sistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public depository, or, in writing, authorize the same to be kept in any other manner, and un- der such rules and regulations as he may deem most safe and effectual to facilitate the payments to public creditors. [See § 5488. ] 14 June, 1866, s. 1, v. U, p. 64. 27 Feb., 1877, V. 19, p. 249. Note. — If a disbuTsins officer, in good faitb, deposits public money in a desig- nated depository, loss of tbe moneys through failure of the bank cannot be imputed to the fault or negligence of the officer. So long as the G-ovemment holds him responsible and does not bring suit, so long he has the right to peti- tion the Court of Claims for relief.— C. C., XVII, 189. Sec. 3621. Every person who shall have moneys of the United States Penalty for fail. in his hands or possession shall pay the same to the Treasurer, an as- "^^ *" ^eposit sistant treasurer, or some public depositary of the United States, and™™|J /" " ™' take his receipt for the same, in duplicate, and forward one of them forthwith to the Secretary of the Treasury. [See § 5492.] 3 March, 1857, s. 3, v. 11, p. 249. Notes. — Money in tbe hands of a disbursing officer of the United States, due and Sayable by him to a private person, cannot be attached by process out of the tate courts. 4 Howard, 20. It is not competent to the State courts to enjoin officers of the executive Departments from executing the lawful orders thereof, whether they concern the payment of money for the performanoe of contracts with the United States or any'other matter.— Op. XVI, 257, Devens, Jan. 29, 1879. _ The Supreme Court has repeatedly decided that the courts have no jurisdic- tion or authority over the moneys of the G-overnment in the hands of its agents, and that such moneys cannot be enjoined or -controlled by a mandamus. — Op. vn, 81, Cushing, March 29, 1855. Not subject to attachment at the suit of creditors of the parties to whom such money is due. — Op, XIII, Akerman, Jan. 7, 1872. See also Op. X, 120. Sec. 3622. Every officer or agent of the Uuited States who receives Accounts, public money which he is not authorized to retain as salary, pay, or emolument, shall render his accounts monthly. Such accounts, with the vouchers necessary to the correct and prompt settlement thereof, shall be sent by mail, or otherwise, to the Bureau to which they per- tain, within ten days after the expiration of each successive month, and, after examination there, shall be passed to the proper accounting officer of the Treasury for settlement. Disbursing officers of the Navy shall, however, render their accounts and vouchers-direct to the proper accounting officer of the Treasury. In case of the non-receipt at the Treasury, or proper Bureau, of any accounts within a reasonable and proper time thereafter, the officer whose accounts are in default shall be required to furnish satisfactory evidence of having complied with the provisions of this section. The Secretary of the Treasury may, if in his opinion the circumstaiices of the case justify and require it, ex- tend the time hereinbefore prescribed for the rendition of accounts. Nothing herein contained shall, however, be construed to restrain the heads of any of the Departments from requiring such other returns or reports from the officer or agent, subject to the control of such heads of Departments, as the public interest may require. [See § 5491.] 17 July, 1862, s. 1, v. 12, p. 593. 2 March, 1867, res. 48, v. 14, p. 571. 15 July, 1870, s. 15, v. 15, p. 334. 27 Feb., 1877, v. 19, p. 249. Sec. 3623. All officers, agents, or other persons, receiving public Distinct ac- moneys, shall render distinct accounts of the "application thereof, ao- oo^nts required, cording to the appropriation under which the same may have been advanced to them. 3 March, 1809, s. 1, v. 2, p. 535. Sec. 3624. Whenever any person accountable for public money, nog- Suits to recover leots or refuses to pay into the Treasury the sum or balance reported money from offi- to be due to the United States, upon the adjustment of his account, ''®'^*' regulated, the First Comptroller of the Treasury shall institute suit for the re- covery of the same, adding to the sum stated to be due on such ac- 170 DISBUESING OFFICERS AND AGENTS. count, the commissions of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained there- on, and an intei-est of six per centum per annum, from the time of re- ceiving the money until it shall be repaid into the Treasury. 3 Marcli, 1797, s. 1, v. l,p. 512. Duties of offl- Seo. 3639. * * * all public officers of whatsoever character, are re- an™ oT •public quired to keep safely, without loaning, using, depositing in banks, Or moneys. exchanging for other funds than as specially allowed by law, all the public money collected by them, or otherwise at any time placed in their possession and custody, till the same is ordered, by the proper Department or officer of the Government, to be transferred or paid out; and when such orders for transfer or payment are received, faith- fully and promptly to make the same as directed, and to do and per- form all other duties as fiscal agents of the Goverument which may be imposed by any law, or by any regulation of the Treasury Department made in conformity to ] aw. » * * [See ^ 5497. ] 6 Aug., 1846, s. 6, T. 9, p. 60. 3 Marcli, 1857, s. 2, v. 11, p. 249. 3 July, 1852, s. 7, v. 10, p. 12. 3 March, 1863, s. 5, T. 12. p. 770. 4 July, 1864, s. 5, V. 13, p. 383. 21 April, 1862, s. 5, v. 12, p. 382. 18 Feb., 1869, s. 4, v. 15, p. 271. T)ntuo*'"'^o e''8 ^''''^' ^^'^^- ^° advance of public money shall be made iu any case prohibited! ° ^ whatever. And iu all cases of contracts for the performance of any .service, or the delivery of articles of any description, for the use of the United States, payment shall not exceed the value of the service rendered, or of the articles delivered previously to such payment. It shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their re- spective duties, and to the fulfillment of the public engagements. The President may also direct such advances as he may deem necessary and proper, to persons in the military and naval service employed on distant stations, where the discharge of the pay and emoluments to which they may be entitled cannot be regularly effected. [See § 1563.] 31 Jan., 1823, s. 1, T. 3, p. 723. Title 70, Chap. 6. Sec. 5481. Every officer of the United States who is guilty of extor- OfiSoer of the ^'^"'^ under color of his office shall be jmnished by a fine of not more TTnited States than five hundred dollars, or by imprisonment not more than one year, guilty of extor- except those officers or agents of the United States otherwise differ- *""'• ently and specially provided for in subsequent sections of this chapter 3 March, 1825, s. 12, v. 4, p. 118. Eeceipting for Skc. 5483. Every officer charged with the payment of any of the ar?paid"™* ° appropriations made by any act of Congress, who pays to any clerk, or other employ^ of the United States, a sum less than that provided by law, and requires such employ^ to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld fromany employ^ of the Government, and shall be imprisoned at hard labor for the term of two years. 3 March, 1853, s. 4, v. 10, p. 239. Disbuising offi- Sbc. 5488. Every disbursing officer of the United States who deposits deD08i"tSil con ^^^ Piblic money intrusted to him iu any place or in any manner, ex- verting, loaning. "^P* ^^ authorized by law, or converts to his own use in any way what- ori transferring ever, or loans with or without interest, or for any purpose not prescribed public money, by law withdraws from the Treasurer or any assistant treasurer, or any authorized depository, or for any purpose not prescribed by law transfers or applies any portion of the public money intrusted to him, is, in every such act, deemed guilty of an embezzlement of the money so deposited, converted, loaned, withdrawn, transferred, or applied; and shall be pun- ished by imprisonment with hard labor, for a term not less than one year nor more thau ten years, or by a fine of not more than the amount embezzled or less thau one thousand dollars, or by both such fine and imprisonment. 14 June, 1886, 3. 2, v. 14, p. 64. Treasurer ^&o^ Sbc. 5489. If the Treasurer of the United States, or any assistant to safely keep treasurer, or any public depositary, fails safely to keep all moneys de- public moneys, posited by any disbursing officer or disbursing agent, as well as all DISBUESINa OFFICERS AND AGENTS. 171 moneys deposited by any receiver, collector, or other person having moneys of the United States, he shall be deemed guilty of embezzlement of the moneys not so safely kept, and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money so embezzled. [See 5 3639.] 3 March, 1857, s. 2, v. 11, p. 249. Sec. 5490. Every officer or other person charged by any act of Con- CBstocIians of fress -with the safe-keeping of the public moneys, who fails to safely S."w t™ safely eep the same, without loaning, using, converting to his own use, de-ieep, without positing in banks, or exchanging for other funds than as specially loaning, &o. allowed by law, shall be guilty of embezzlement of the money so loaned, used, converted, deposited, or exchanged ; and shall be imprisoned not less than six months uor more than ten years, and fined in a sum equal to the amount of money so embezzled. [See § 3639.] 6 Aug., 1846, 8. 16, V. 9, p. 63. Sec. 5491. Every ofBcer or agent of the United States who, having -^t^^end V^- received public money which he is not authorized to retain as salary, counts^ &o.^ pay, or emolument, fails to render his accounts for the same as provided by law, shall be deemed guilty of embezzlement, and shall be fined in a sum equal to the amount of the money embezzled, and shall be impris- oned not less than six months or more than ten years. [See §§ 3623, 3633.] 17 July, 1862, s. 1, V. 12, p. 593. 15 July, 1870, s. 15, V. 16, p. 334. ' 2 March, 1867, res. 48, v. 14, p. 571. 6 Aug., 1846, 8. 16, V. 9, p. 63. Sue. 5492. Every person who, having moneys of the United States in nosrtasraauired' his hands or possession, fails to make deposit of the same with the ^ ^ ^ Treasurer, or some assistant treasurer, or somie public depositary of the United States, when required so to do by the Secretary of the Treasury, or the head of any other proper Department, or by the accounting offi- cers of the Treasury, shall be deemed guilty of embezzlement thereof, and shall be imprisoned not less than six months nor more than ten years, and fined in a sum equal to the amount of money embezzled. 3 March, 1857, 3 . 3, v. 11, p. 249. ' 6 Aug., 1846, 8. 16, V. 9, p. 63. Sec. 5493. The provisions of the five preceding sections shall be con- th^'^fT^^tirooed^ strued to apply to all persons charged with the safe-keeping, transfer, ing sections how or disbursement of the public money, whether such persons be indicted applied, as receivers or depositaries of the same. 6 Aug., 1846, s. 16, v. 9, p. 63. Sec. 5494. Upon the trial of any Indictment against any person for , Eeoord evl. embezzling public moaey under the provisions of the six preceding sec- jf^^n" ^™ ^^" tions, it shall be sufficient evidence, for the pifrpose of showing a balance against such person, to produce a transcript from the books and pro- ceedings of the Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money. [See §§ 3625, 3633, under Distress Warrants.] Ibid. Sec. 5495. The refusal of any person, whether in or out of office, S"™^'^*"'* charged with the safe-keeping, transfer, or disbursement of the public money, to pay any draft, order, or warrant, drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received, or maybe held, or to transfer or disburse any such money promptly, iipon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima-faoie evidence of such embezzlement. 6 Aug., 1846, B. 16, T. 9, p. 63. , Sec. 5496. If any officer charged with the disbursement of the public Eviden c e of moneys, accepts, receives, or transmits to the Treasury Department to <'™'*'^'3'on ■ be allowed in his favor, any receipt or voucher from a creditor of the United States, without having paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized by law to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion, by such' 172 DISBURSING OFFICERS AND AGENTS. officer, to his own use, of the amount specified in such receipt or voucher. [See § 3652, under Checks.] Ibid. TJnlawfaUy re- Sec. 5497. Every banker, broker, or other person not an authorized ceivlng, &o., to depositary of public moneys, who knowingly receives from any disburs- ment" ing officer, or collector of internal revenue, or other agent of the United States, any public money on deposit, or by way of loan or accommoda- tion, with or without interest, or otherwise than in payment of a debt against the United States, or who uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not pre- scribed by law, and every president, cashier, teller, director, or other officer of any bank or banking association, who violates any of the pro- visions of this section, is guilty of an act of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be punished as prescribed in section fiifty-four hundred and eighty-eight. [See j 3639.] 14 June, 1866, b. 3, v. 14, p. 65. CHECKS AND DEAPTS. Sec. 3645. Eegulations for presenting drafts. 3646. Duplicates for lost or stolen checks. 3()47. Duplicate check when officer who issued is dead. 3651. Exchange of funds restricted. 3652. Premium on sales of public money to be ac- counted for. Sec. 300. Allowance of lost checks. ,306. Liabilities outstanding three or more years. 307. Vouchers for drafts remaining iinpaid. 308. Payment upon presentation of outstanding drafts. 309. Accounts of disbursing officers unchanged for three years. 310. Reports of disbursing oiiicers, &c. Title 7, Chap, 4. Sec. 300. Whenever the disbursing officer, or agent by whom was Allowance o f ^^^" ^^^. "^^"^ which has been lost, destroyed, or stolen, is dead, or lost checks. n" longer in the service of the United States, the proper accoiinting officer shall, under such regulations as the Secretary of the Treasury may prescribe, state an account in favor of the owner of such original check for the amount thereof, and charge such amount to the account of such officer or agent. 2 Feb., 1S72, ss. 1, 2, v. 17, p. 29. Title 7, Cbnp. 5. Sec. 306. At the termination of each fiscal year all amounts of moneys LiabUlfes o t ^^^^ ^'"^ represented by certificates, drafts, or checks. Issued by the standing three'or Treasurer, or by any disbursing officer of any Department of the Gov- more years. ernment, upon the Treasurer or any assistant treasurer, or designated depositary of the United States, or upon any national bank designated as a depositary of the United States, and which shall be represented on the books of either of such offices as standing to the credit of any dis- bursing officer, and which were issued to facilitate the payment of war- rants, or for any other purpose in liquidation of a debt due from the United States, and which have for three years or more remained out- standing, unsatisfied, aud unpaid, shall be deposited by the Treasurer, to be covered into the Treasury by warrant, and to be carried to the credit of the parties in whose favor such certificates, drafts, or checks were respectively issued, or to the persons who are entitled to receive pay therefor, and into an appropriation account to be denominated "outstanding liabilities." 2 May, 1866, ss. 1, 4, v. 14, pp. 41, 42. Vouchers for Sec. 307. The certificate of the Register of the Treasury, stating that drafts remaining the amount of any draft issued by the Treasurer, to facilitate the pay- unpaid, ment of a warrant directed to him for payment, has remained outstand- ing and unpaid for three years or more, and has been deposited and cov- ered into the Treasury in the manner prescribed by the preceding section, shall be, when attached to any such warrant, a sufficient voucher in satisfaction of any such warrant or part of any warrant, the same as if the drafts correctly indorsed and fully satisfied were attached to such warrant or part of warrant. And all such moneys mentioned in this and in the preceding section shall remain as a permanent appropriation for the redemption and payment of all such outstanding and unpaid certificates, drafts, and checks. 2 May, 1866, s. 2, v, 14, p. 41. DISBURSING OFFICERS AND AGENTS. 173 Skc. 308. The payee or the bona-fide holder of any draft or check the Payment npon amount of which has been deposited and covered into the Treasury P™^™^™''^.^* pursuant to the preceding sections, shall, on presenting the same to the drafts, proper officer of the Treasury, be entitled to have it paid by the settle- ment of an account and the issuing of a warrant in his favor, according to the practice in other cases of authorized and liquidated claims against the United States. Ibid., a. 3. Sec. 309. The amounts, except such as are provided for insecUon Aooounts of three hundred and six, of the accounts of every kind of disbursing offi- ci™" "rfnchaneed cer, which shall have remained unchanged, or which shall not have fg^ three yeail. been increased by any new deposit thereto, nor decreased by drafts drawn thereon, for the space of three years, shall in like manner be covered into the Treasury, to the proper appropriation to which they belong ; and the amounts thereof shall, on the certificate of the Treas- urer that such amount has been deposited iu the Treasury, be credited by the proper accounting officer of the Department of the Treasury on the books of the Department, to the officer in whose napie it had stood 00 the books of any a;gency of the Treasury, if it appears that he is entitled to such credit. Ibid., e. 5. Sec. 310. The Treasurer, each assistant treasurer, and each desig- Eeports of nated depositary of the United States, and the cashier of each of the Treasurer, aasist- national banks designated as such depositaries, shall, at the close of ^° jj^™^°^^"*_ business on every thirtieth day of June, report to the Secretary of the ingoffioers. Treasury the condition of every account standing, as in the preceding section specified, on the books of their respective offices, stating the name of each depositor, with his official designation, the total amount remaining on deposit to his credit, and the dates, respectively, of the last credit and the last debit made to each account. And each disburs- ing officer shall make a like return of all checks issued by him, and which may then have been outstanding and unpaid for three years and more, stating fully in such report the name of the payee, for what pur- pose each check was given, the office on which drawn, the number of the voucher received therefor, the date, number, and amount for which it was drawn, and, when known, the residence of the payee. Ibid., B. 6. « Sec. 3645. It shall be the duty of the Secretary of the Treasury to Title 40. issue and publish regulatious to enforce the speedy presentation of all Eeeulationafor Government drafts, for payment, at the place where payable, and to presMitmen t of prescribe the time, according to the different distances of the deposi- Srafte. taries from the seat of Government, within which all drafts upon them, respectively, shall be presented for payment; and, in default of such presentation, to direct any other mode and place of payment which he may deem proper ; but, in all these regulations and directions, it shall be his duty to guard, as far as may be, against those drafts being used . or thrown into circulation as a paper currency or a medium of exchange. [See H 5495, 5496. Disbursing Officers.] 6 Aug., 1846, a. 31, v. 9, p. 65. Sec. 364G. Whenever any original check is lost, stolen, or destroyed, Duplicates for disbursing officers and agents of the United States are authorized, after gjg *^™ anttior- the expiration of six months, and within three years from the date of ij,ed. such check, to issue a duplicate check ; and the Treasurer, assistant treaflurers, and designated depositaries of the United States are directed to pay such duplicate checks, upon notice and proof of the loss of the original checks, under such regulations in regard to their issue and pay- ment, and upon the execution of such bonds, with sureties, to indemnify the United States, as the Secretary of the Treasury shall prescribe. This section shall not apply to any check exceeding in amount the sum of one thousand dollars. 2 Feb., 1672, u. 1, v. 17, p. 29. Sec. 3647. In case the disbursing officer or agent by whom such lost. Duplicate check destroyed, or stolen original check was issued, is dead, or no longer in when officer who. the service of the United States, it shall be the duty of the proper ao- ^^^°^'' '* ''*''°- counting officer, under such regulations as the Secretary of the Treasury shall prescribe, to state an account in favor of the owner of such orig- 174 DISBURSING OFFICERS AND AGENTS. inal check for the amount thereof, and to charge such amount to the account of such officer or agent. Ibid., 8. 2. Exchange of Sec. 3651. No exchange of funds shall be made by any disbursing funds restricted, officer or agent of the Government, of any grade or denomination what- soever, or connected with any branch of the public service, other than an exchange for gold, silver, United States notes, and national-bank notes; and every snch disbursing officer, when the means for his dis- bursements are furnished to him in gold, silver. United States notes, or national-bank notes, shall make his payments in the moneys so fur- nished; or when they are furnished to him in drafts, shall cause those drafts to be presented at their place of payment, and properly paid ac- cording to law, and shall make his payments in the money so received for the drafts furnished, unless, in either case, he can exchange the means in his hands for gold and silver at par. And it shall be the duty of the head of the proper Department immediately to suspend from duty any disbursing ofScer or agent who violates the provisions of this sec- tion, andiorthwith to report the name of the officer or agent to the President, with the fact of the violation, and all the circumstances ac- companying the same, and within the knowledge of the Secretary, to the end that such officer or agent may be promptly removed from office, . or restored to his trust and the performance oi^ his duties, as the Presi- dent may deem just and proper. 8 Aug., 1846, 8. 20, V. 9, p. 64. 11 July, 1862, s. 1, V. 12, p. 532. 22 Feb., 1862, s. 1, v. 12, p. 345. 3 June, 1864, s. 23, v. 13, p. 106. 3 March, 1863, s. 3, v. 12, p. 610. Premiums on Sec. 3652. No officer of the United States shall, either directly or in- monevs to^e ao" '"^''^®'' y' ^®" °^ dispose of to any person, for a premium, any Treasury counted for. note, draft, warrant, or other public security, not his private property, or sell or dispose of the avails or proceeds of such note, draft, warrant, or security, in his hands for disbursement, without making return of such premium, and accounting therefor by charging the same in his accounts to the credit of the United States; and any officer violating this section shall be forthwith dismissed from office. 6 Aug., 1846, s. 21, T. 9, p. 65. Notes.— Approved bills or accounts or vouchers are not in any proper sense negotiable paper. The Government would not be required to pay to party to "whom they ^jfere assigned, if it had itself an equitable claim against the con- tractor ; nor if satisfied that the account had been erroneously approved. Re- vised Statute 3477 regulates the manner of paying assigned bills, &c. That stat- ute is of universal application. The Department can reissue aik approved ac- count in favor of contractor. [Case of bills made out in favor of broker instead of contractors, and assigned by former.J — Op. XVI, 191, Deveus, Oct. 23, 1878. The protection which commercial usage throws around negotiable paper can- not be used to establish the authority of an agent who issued it. Whenever negotiable paper is found in market upon which the Grovemment is apparently a party, the purchaser must, at his peril, see that the officer who indorsed or accepted it had authority to bind the Government. — 0. O., Vn, 65: Wallace, VII, 666. Acceptance of payment in one kind of money (Treasury notes) is a waiver of a claim, antecedently asserted for gold. It discharges the debt independ- ently of the question whether paper money is a le^al tender. — C. C, VI, 216. There is no objection in point of law, to the indorsement of a bill of ex- change, under authority derived from a power of attorney. — Op. I, 188. Where an officer is authorized to pay moneyat a distant point, he may trans- mit it by drafts.— 7 Wallace, p. 466 ; C. C, VII, p. 65. Checks given by paymasters are valid obligations of the Government, al- though dishonored fbr want of funds to the credit of the officers who issued them.— Op. XI, 216, Speed; April 22, 1865. See, also, XI, p. 156. It does not follow that because an officer may lawfully issue bills of exchange for some purpose, he can in that mode bind the Government in other oases where he has no such authority. — 7 Wallace, 666. Whenever the United States Government, through their authorized officer, accept a bill of i exchange, they are bound for its payment to a bona fide holder for value, whatever may have been the equities as between them and the drawer.— U. S. u. Bank Metropolis, XV, Peters, 877. Whether checks shall be made payable only to the person entitled to the money, or "to bearer" or "to order, "is a matter to be regulated entirely by the Treasury Department. The only imperative requisition is that the check shall be drawn only in favor of the person to whom the payment istobemade. Op. XV, 288, June 4, 1877, Devens. It is competent for the Secretary of the Treasury to permit disbursing offi- cers to draw checks payable to themselves or bearer or order for such amounts as may be necessary to make payments of small amounts, to make payments at a distance from a depository, or to make payments of fixed salaries as now an- DISBURSING OFFICERS AND AGENTS. 175 thorized by Department regulations of Aug. 24, 1876, provHed, always, that sucb. checks bear indorsed upon tbem the names of the persons to whom the amounts are to be paid, or the claim upon which they are to be paid, or are ac- companied by a list or schedule, made a part of the check, containing the same information.— Op. XV, 303, June 8, 1877, Devens. COINS, WEIGHTS, AND MEASUEES, LEGAL-TENDER, DIES. GOLD AND SILVER COINS OF THE UNITED STATES. Sec. 3511. Gold coins of tlie-United States and their ■weight. 3513. Silver coins and their weight. 3514. Standard for gold and silver coins. 3515. Minor coins ; their weight and alloy. 3517. Inscriptions upon coins. 3535. Deviations allowed in adjusting weights of gold coins. I Sec. 3536. Adjusting weight of silver coins. 3537. Adjusting weight of minor coins. 3685. Gold coins, legal tender. . Exchange of silver coins. . Twenty-cent piece. . Trade dollars, &c. Sec. 3511. The gold coins of the United States shall be a one-dollar Title 37. piece, which, at the standard weight of twenty-five and eight-tenths grains, shall be the nnit of value; a quarter-eagle, or two and a half ^^^^^^^^f |'^^»f dollar piece ; a three-dollar piece ; a hali-eagle, or n ve-dollar piece ; an and their weight, eagle, or ten-dollar piece ; and a double-eagle, or twenty-dollar piece. And the standard weight of the gold dollar shall be twenty-five and eight-tenths grains ; of the quarter-eagle, or two and a half dollar piece, sixty-four and a half grains; of the three-dollar piece, seventy-seven and four-tenths grains ; of the half-eagle, or five-dollar piece, one hun- dred and twenty-nine grains ; of the eagle, or ten-dollar piece, two hun- dred and fifty-eight grains; of the double-eagle, or twenty-dollar piece, five hundred and sixteen grains. 12 Feb., 1873, 6. 14, v. 17, p. 426. Sec. 3513. The silver coins of the United States shall be a trade-dol- Silver coins and lar, a half-dollar, or fifty-cent piece, a quarter dollar, or twenty-five*'^®'''"''^'SM. cent piece, a dime, or ten-cent piece ; and the weight of the trade-dollar shall be four hundred and twenty grains troy; the weight of the half- dollar shall be twelve grams and one-half of a gram ; the quarter-dollar and the dime shall be, respectively, one-half and.one-fifth of the weight of said half-dollar. Ibid., s. 15. Sec. 3514. The standard for both gold and silver coins of the United Standard for States shall be such that of one thousand parts by weight nine hundred S"}* ^"^^ silver shall be of pure metal and one hundred of alloy. The alloy of the silver "o""*- coins shall be of copper. The alloy of the gold coins shall be of copper, or of copper and silver; but the silver shall in no case exceed one-tenth of the whole alloy. [See §.'5460.] 12 Feb., 1873, s. 13, v, 17, p. 426. Sec. 3515. The minor coins of the United States shall be a five-cent Minor coins; piece, a three-cent piece, and a one-cent piece. The alloy for. the five*?,®*'^ weight and and three cent pieces shall be of copper and nickel, to be composed of* ''^' three-fourths copper and one-fourth nickel. The alloy of the one-cent piece shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by the Director of the Mint. The weight of the piece of five cents shall be seventy-seven and sixteen hundredths grains troy; of the three-cent piece, thirty grains ; and of the one-cent piece, forty-eight grains. Ibid., a. 16. Sec. 3517. Upon the coins there shall be the following devices and Inscriptions legends: Upon one side there shall be an impression emblematic of "P""""'"*- liberty, with an inscription of the word "Liberty" and the year of the coinage, and upon the reverse shall be the figure or representation of an eagle, with the inscriptions "United States of America" and "E Pluribus Unum," and a designation of the value of the coin ; but on the gold dollar and three-dollar piece, the dime, five, three, and one-cent piece, the figure of the eagle shall be omitted; and on the reverse of the silver trade-dollar the weight and the fineness of the coin shall be inscribed. Ibid., B. 18. 176 DISBURSING OFFICERS AND AGENTS. Deviations al- Sec. 3535. In adjusting the weights of the gold coins, the following 2^* we^ffh^" of deviation shall not be exceeded in any single piece : In the double- gpfd coins. eagle and the eagle, one-half of a grain : in the half-eagle, the three- dollar piece, the quarter-eagle, and the one-dollar piece, one-fourth of a grain. And in weighing a number of pieces together, when delivered by the coiner to the superintendent, and by the superintendent to the depositor, the deviation from the standard weight shall not exceed one hundredth of an ounce in five thousand dollars in double-eagles, eagles, half-eagles, or quarter- eagles, in one thousand three-dollar pieces, and in one thousand one-dollar pieces. Ibid., B. 36. Of silver coins. Sec. 3536. In adjusting the weight of the silver coins the following deviations shall not be exceeded in any single piece : In the dollar, the half and quarter dollar, and in the dime, one and one half grains. And in weighing a large number of pieces together, when delivered by the coiner to the superintendent, and by the superintendent to the depos- itor, the deviations from the standard weight shall not exceed, two- hnndredths of an ou nee in one thousand dollars, half-dollars, or quarter- dollars, and one-hundredth of an ounce in one thousand dimes. Ibid., 8. 37. Of minor coins. Sec. 3537. In adjusting the weight of the minor coins provided by this Title, there shall be no greater deviation allowed than three grains for the five-cent piece and two grains for the three and one cent pieces. Ibid., s. 38. Title 39. Sec. 3585. The gold coins of the United States shall be a legal tender Gold coins of™ ^^ payments at their nominal value when not below the standard theTJnitedStates. weight and limit of tolerance provided by law for the single piece, and, when reduced in weight below such standard and tolerance, shall be a legal tender at valuation in proportion to their actual weight. Ibid., a. 14. June 1879. rpj^^ holder of any of the silver coins of the United States of smaller Bxchan g e of denomination than one dollar may, on presentation of the same in sums silver coins. of twenty dollars, or any multiple thereof, at the office of the Treasurer or any assistant treasurer of the United States, receive therefor lawful money of the United States. 9 June, 1879, s. 1, v. 21, p. 7. The present silver coins of the United States of smaller denomina- tions than one dollar shall hereafter be a legal tender in all sums not exceeding ten dollars in full payment of all dues, public and private. Idem, s. 3. Notes. — May 2, 1878. — Coinage of the twenty-cent piece of silver authorized by the act of March 3, 1875, prohibited. By the act of .July 22, 1876, v. 19 p. 215, the trade dollar is not thereafter to be a legal tender. An act of February 28, 1878, v. 20, p. 25, provides for the coinage at the miots of United States silver dollars of the weight of four hundred and twelve and a half grains troy of standard silver as provided in the act of January 18, 1837, whichwith the silver dollars of that weight and fineness theretofore coined by the United States shall be a legal tender at their nominal value for all debts and dues, public and private, except where otherwise expressly stipulated in the contract, FOREIGN COINS. Sec. I Sec. 3564. Value of foreign coins, how ascertained. I 3567. Spanish and Mexiean coins. 35li5. Value of the sovereign or pounds sterling. 3684. ;Not a legal tender, &c. 3666. Hecoinage of foreign coins. I Estimate of value. Title 87. Sec. 3564. The value of foreign coin as expressed in the money of ao- Value of for- count of the United States shall be that of the pure metal of such coin eign coins, how of standard value ; and the values of the standard coins in circulation ascertained. of the various nations of the world shall be estimated annually by the Director of the Mint, and be proclaimed on the fir.st day of January by the Secretary of the Treasury. 3 March, 1873, s. 1, v. 17, p. 602. DISBUESING OFFICERS AND AGENTS. 177 Sec. 3565. In all payments by or to the Treasury, whether made here Value of the or in foreign countrk-s, where it becomes necessary to compute the ^ °'^? ''?*?." <"^ value of the sovereign or pound sterling, it shall be deemed equal to ^° s™"™g- J four dollars eighty-six cents and, six and one-half mills, and the same i;ule shall be applied in appraising merchandise Imported where the value is, by the invoice, in sovereigns or pounds sterling, and in the construction of contracts payable in sovereigns or pounds sterling; and this valuation shall be the par of exchange between Great Britain and the United States ; and all contracts made after the first day of January, eighteen hundred and seventy-four, based on an assumed par of exchange with Great Britain of fifty-four pence to the dollar, or four dollars forty-four and four-ninths cents to the sovereign or pound ster- ling, shall be null and void. Ibid., a. 2. Sec. 3566. All foreign gold and silver coins received in payment for Eecoinage of moneys due to the United Slates sWl, before being issued in circu]a-*°™ig° "o™- tion, be coined anew. 9 Feb., 1793, s. 3, v. 1, p. 301. 21 Feb., 1857, a. 2, v. 11, p. 163. • Sec. 3567. The pieces commonly known as the quarter, eighth, and Spanish and sixteenth of the Spanish pillar-do'llar, and of the Mexican dollar, shall ^e^i""" ""'ns. be receivable at the Treasury. of the United St^ites. and its several of- fices, and at the several post-offices, and land-offices, at the rates of valua- tion following : the fourth of a dollar, or piece of two reals, at twenty cents ; the eighth of a dollar, or piece of one real, at ten cents ; and the sixteenth of a dollar, or half-real, at five cents. 21 Feb., 1857, o. 1, v. 11, p. 163. Sec. 3584. No foreign gold or silver coins shall be a legal tender in - payment of debts. 21 Feb., 1857, 8. 3, v. 11, p. 163. CIECULAK ESTIMATING AND PKOCUAIMING, IN THE UNITED STATES MONEY OF ACCOUNT, THE VALUES OF THE STAND- ARD COINS IN CIRCULATION OF THE VARIOUS NATIONS OF THE WORLD. Title 3». Foreign coins.' 1883. J Treasury Department, l«««™«'7oX S BtjR'^^u OF THE Mint, •" Washington, D. C, January I, 1883. Sir : In pursuance of the provisions of section 3564 of the Revised Statutes of the United States, I have estimated the values of the stand- ard coins in circulation of the various nations of the world, and submit the same in the accompanying table. Very respectfully, HORATIO 0. BUECHARD, Director of the Mint. Hon. Chas. J. Folger, Secretary of the Treasury. ESTIMATE of VALUES of FOliEIGN COINS. Country. Monetary unit. Standard. .as Standard coin. Argentine Eepublic Peso Gold and sUver. Silver Gold and silver. , Silver Gold ....do $0 96. 5 40.1 19.3 81.2 54.8 1 00 A, A. i. ii and 1 peso, J argentine andargentine. Franc i... Boliviano Milreis of 1,000 reis. Dollar 5, 10, and 20 francs. Boliviano. Brazil in North America. ' 11181— —12 178 DISBURSING OFFICERS AND AGENTS. Estimate of values of foreign coins — Continued. Country. Cliili. Cuba Denmark . Ecuador .. Egypt .... France Great Britain. Greece German Empire . Hayti India . . Italy. . . Japan . Liberia . Mexico . Netherlands • Norway . Peru Portugal . , Kussia . . Spain . . Sweden , Switzerland. Tripoli.. Turkey . United States of Colombia. Venezuela Monetary unit. Peso . ....do .. Crown Peso . - . Piaster. Eranc - Pound sterling. Dracbma Mark . . . Gourde . Eupee of 16 an- nas. Lira Ten . Dollar . ...do.. Florin . Crown Sol Milreis of 1,000 reis. Kouble of 100 copecks. Peseta of 100 cen- times. Crown Erane Mabbub of ,20 piasters. ' Piaster Peso Bolivar . Standard. Gold and , silver. ....do Gold Silver..... Gold Gold and silver. Gold , Gold and silver. Gold Gold and silver. Silver Gold and silver. Silver Gold . . Silver. Gold and silver. Gold Silver Gold Silver. Gold and silver. Gold Gold and silver. Silver Gold. Silver. Gold and silver. II standard coin. 91.2 93.2 26.8 81.2 04.9 19.3 4 86. 6i| 19.3 23.8 96.5 38.6 19.3 87.6 1 00 88.2 40.2 26.8 81.2 1 08. 65. 19.3 26.8 19.3 73.3 04.4 81.2 19.3 Condor, doabloon, and escuao. ^1 ii 41 ii ^ud 1 doabloon. 10 and 20 crowns. Pesoi 5, 10, 25, 50, and 100 pias- ters. 5, 10, and 20 francs. 4 sovereign and sover- eign. 5, 10, 20, 50, a,nd 100 drachmas. 5, 10, and 20 marks. 1, 2, 5, and 10 gourdes. 5, 10, 21, 50, and 100 lire. ] , 2, 5, 10, and 20 yen ; gold and silver yen. Peso or dollar 5, 10, 25, and 50 centavo. 10 and 20 crowns. Sol. 2, 5, and 10 milreis. i, i, and 1 rouble. 5, 10, 20, 50, and 100 pese- tas. 10 and 20 crowns. 5, 10, and 20 francs. 25, 50, 100, 250, and 500 piasters. Peso. 5, 10, 20, 50, and 100 Boli- var. Treasury Department, Washington, D. G.,J(muary 1, 1883. The foregoing estimation, made by the Director of the Mint, of the value of the foreign coins above mentioned, I hereby proclaim to be the values of such coins expressed in the money of account of the United States, and to be taken in estimating the values of all foreign merchan- dise, made out in any of said currencies, imported on or after January 1, 1883. CHAS. J. FOLGEE, Seoretary of the Treasury. . WEIGHTS AND MEASURES. Sec. I Sec. 3669. tTse of the metric system authorized, | 3570. Authorized tables of weights and measures. Title 37. Sec. 3569. It shall be lawful throughout the United States of America Use of metric *° employ the weights and measntes of the metric system ; and no oon- syetem author- tract or dealing, or pleading in any court, shall be deemed invalid or ized. liable to objection because tnfi weights or measures expressed or referred to therein are weights or measures of the metric system. 28 July, 1866, s. 1, v. 14, p. 339. DISBURSING OFFICE ES AND AGENTS. 179 Sec. 3570. Tlie tables in the schedule liereto aivnexed shall be recpg- Autliorized t«- nized in the construction of contracts, and in all legal proceedings, as °^^'j^°'^g*^'|''** establishing, in terms of the weights and measures now in use in the United States, the equivalents of the weights and measures expressed therein in terms of the metric system; and the tables may lawjfuUy be used for computing, determining, and expressing in customary weights and measures the weights and measures of the metric system. Ibid., 3. 2. MKASUEBS OP LENGTH. Metric denominations and values. Equivalents in denominations in use. Myriameter 10, 000 meters. Kilometer 1, 000 meters. Hectometer 100 meters. Dekameter 10 meters., Meter 1 meter. Decimeter iV of a meter. Centimeter ., . ~[^ of a meter. Millimeter -^^-^ of a meter. 6. 2137 miles. ■ 0. 62137 miles, or 3,280 feet and 10 inches. 328 feet and 1 inch. 393. 7 inches. 39. 37 inches. 3. 937 inches. 0. 3937 inches. , 0. 0394 inches. MEASURES OF CAPACITY. Metric denominations and values. Equivalents in denominations in use. Names. No. of liters. Cubic measure. Dry measure. Liquor or wine measure. Kiloliter, or stere. Hectoliter. Dekaliter.. Liter Deciliter .. Centiliter . Milliliter.. 1,000 100 10 1 ToTT rti'oo 1 cubic meter... tV of a cubic meter 10 cub. decimeters Icub. decimeter, ■fifof a cubic deci- meter. Ifl oub.ceutimeters 1 cub. centimeter. 1.308 cub. yards.. 2 bushels and 3.35 pecks. 9. 08 quarts 0.908 quarts 6. 1022cQb. inch.. 0.6102 cub. inch.. 0. OCl cub. inch.. • 264. 17 galls. 26. 417 gaUs. 2. 6417 galls. 1. 0567 q'ts. 0. 845 gills. 0.338 fluid ounces. 0.27 fluid drams. MEASUKES OF SURFACE. Metric denominations and values. Equivalents indenominationsin use. Hectare 10, 000 square meters. Are 100 square meters. Centare 1 square meter. 9. 471 acres.' 119. 6 square yards. 1550 square inches. 180 NAVY DEPARTMEKT. WEIGHTS. Metric denominations and values. Equivalents ia de- nomihations in use. Names. Number oi grams. Weight of what quantity of water at maximum density. Avoirdupois weight. Millier or tonnc-Ai . 1, 000, 000 100, 000 10, 000 1, 000 100 10 1 -iV rhv rcfoTy 1 cubic meter 1 hectoliter 10 liters 2204. 6 pounds. 220. 46 pounds. 22. 046 pounds. 2. 2046 pounds. 3. 5274 ounces. 0. 3527 ounces. 15. 432 grains. 1. 5432 grains. 0. 1543 grains. 0. 0154 grains. Myriagram Kilogram or kilo . . Hectogram Dekagram Gram inter 1 deciliter 10 cubic centimeters 1 cubic centimeter - tV of a cubic centi- meter. 10 cubic millimeters 1 cubic millimeter- Centigram Milligram Jitl* ^7. Sec. 3551. Dies of a national character may be executed by the en- National and S'^^^^^' ^^^ national and other medals struck by the coiner of the Mint other medals may ^^ Philadelphia, under such regulations as the superintendent, with the bestrnckatMint approval of the director of the Mint, may prescribe. Such work shall at Philadelphia, not, however, interfere with the regular coinage operations, and no pri- vate medal dies shall be prepared at any mint, or the machinery or ap- paratus thereof be used for that purpose. 12 Feb., 1873, B. 62, v. 17, p. 432. 16 June, 1874, ch. 288, v. 18, p. 76. NAVY DEPARTMENT. SECRETARY AND BUREAUS. Sec. 415. £Btablishment of the Department of the Navy." 417. Procurement of naval stores and equipment of vessels. 418. Custody of the hooks and records. 419. Establishment of Bureaus. 420. Custody of bodks and records of Bureaus. 421. Afipointment of chiefs of Bureaus. 422; Chiefs of Bureaus of Xards and Docks, Equip- ment and Eecruiting, Navigation, and Ord- nance. • 423. Chief of Bureau of Construction and Eepair. 424. Chief of Bureau of Steam Engineering. Sec. 425. Chief of Bureau of Provisions and Clothing. 426. Chief of Bureau of Medicine and Surgery. 429. Eeports to be made to Congress by the Sec- retary. 1375. Assistant to Bureau. 1436. Chiefs of Bureaus, staff-offlcers exempt from sea-duty. 1471. Title of chiefs of Bureaus. 1472. EelatiV£ rank of chief of Bureau of lower title than commodore. 1473. Eetired chie& of Bureaus. 1665. Pay of chiefs of Bureaus. ''''"^ '"• Sec. 415. There shall be at the seat of Government an Executive Establishment P^P^""*™,^"*' *" ^^ known as the Department of the Navy, andaSecre- of the Depart- tary of the Navy, who shall be the head thereof." mentof theNavy. 30 ^^^^ ^gg^ ^ j ,,_ j^ p ,53 JZlto^r^l ^.^f■p■ *^T- The Secretary of the Navy shall execute such orders as he equipment opj'^ll receive from the President relative to the . procurement of naval vessels. stores and materials, and the construction, armament, equipment, and employment of vessels of war, as well as all other matters connected with the naval establishment. [See Title Contracts. Also « « 3660- 3667, 3669, Appropriations. ] Ibid. bookfand ^re'lf /^f " ,^^^- '^^^ Secretary of the Navy shall have the custody and charge rds. °^ all the books, records, and other property now remaining in and ap- pertaining to the Department of the Navy, or hereafter acquired by it. Itid., a. 3, p. 554. NAVy DEPARTMENT. 181 Sec. 419. The business of the Department of the Navy skaM be dis- EstaWiahment tributed in such manner as the Secretary of the Navy shall judge to be of Bureaus, expedient and proper among the following Bureaus: First., A Bureau of Yards and Docks. Second. A Bureau of Equipment and Recruiting. Third. A Bureau of Navigation. Fourth. A Bureau of Ordnance. Fifth. A Bureau of Construction and Repair. Sixth. A Bureau of Steam Engineering. - Seventh. A Bureau of Provisions and Clothing. Eighth. A Bureau of Medicine and Surgery. 31 Aug., 1842, 8. 2, V. 5, p. 579. 5 July, 1862, ss. 1, 4, v. 12, p. 510. Sec. 420. The several Bureaus shallretain thechargeand custody of , C!"^*"^y "f the books of records and accounts pertaining to their respective duties; ords of BureaSs"' and all of the duties of the Bureaus shall be performed under the authority of the Secretary of the Navy, and their orders shall be con- sidered as emanating from him, and shall have full force and effect as such. 31 Aug., 1842, 8. S, V. 5, p. 580. 5 July, 1863, s. 4, v. 12, p. 511. Sec. 421. The chiefs of the several Bureaus in the Department of the Ap^ointm ent Navy shall be appointed by the President, by and with the advice and ot cTiiefs of Bu- cousent of the Senate, from the classes of officers mentioned in the ™*^3' next iive sections respectively, or from officers having tlie relative rank of captain in the staff corps of the Navy, on the active list, and shall hold their offices for the term of four years. 5 July. 1862, S8. 1, 2, v. 12, p. 510. 3 March, 1871, s. 10, v. 16, p. 537. Sec. 422. The chiefs of the Bureau of Yards and Docks, of the Bu- reau of Equipment and Recruiting, of the Bureau of Navigation, and of the Bureau of Ordnance, shall be appointed from the list of officers of the Navy, not below the grade of commander. July, 1862, 8; 1, v. 12, p. 510. Sec. 423. The chief of the Bureau of Construction and Repair shall be appointed from the list of officers of the Navy, not below the grade of commander, and shall be a skillful naval constructor. Ibid. Sec. 424'. The chief of the Bureau of Steam Engineering shall be appointed from the chief engineers of the Navy, and shall be a skillful engineer. Ibid. Sec. 425. The chief of the Bureau of Provisions and Clothing shall be appointed from the list of paymasters of the Navy of not less than ten years' standing. Ibid. Sec. 426. The chief of the Bureau of Medicine and Surgery shall be appointed from the list of the surgeons of the Navy. [See sec. 1375.] ibid. Sec. 429. The Secretary of the Navy shall make annual reports to EeportstoCon- Congress upon the following subjects : [See §5 195, 196, Civil Service.] peas by Seore- First. A statement of the appropriations of the preceding fiscal year™'^^*'^™^^*'^- for the Department of the Navy, showing the amount appropriated under each specific head of appropriation, the amount expended under each head, and the balance which, on the thirtieth day of June preceding such report, remained unexpended. Such report shall be accompanied by estimates of the probable demands which may remain on each appro- priation. Second. A statement of all offers for contracts for supplies and serv- ices made during the preceding year, by classes, indicating such as have been accepted. Third. A statement showing the amounts expended during the pre- ceding fiscal year for wages of mechanics and laborers employed in building, repairing, or equipping vessels of the Navy, or in receiving and securing stores and materials for those purposes, and for the pur- chase of material and stores for the same purpose; and showing the 182 NAVY DEPARTMENT. cost or estimated value of the stores on hand, under this appropriation, in the navy-yards, at the commencement of the next preceding fiscal year; and the cost or estimated value of articles received and expended during the year ; and the cost or estimated value of the articles belong- ing to this appropriation which may he on hand in the navy-yards at the close of the next preceding fiscal year. Fourth. A statement of all acts done hy him in making sale of any vessel or materials of the Navy ; specifying all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full under- standing of his acts. [See § 1780, Coxtingent Fund.] 1 May, 1820, s. 2, v. 3, p. 667. 3 March, 1843, t. 5, p. 617. 27 July, 1866, s. 3, v. U, p. 365. Title 15, Chap. 1. Sec. 1.S75. A surgeon, assistant surgeon, or passed assistant surgeon Assistant to '"^^ detailed as assistant to the Bureau of Medicine and. Surgery, Bureau of Medi- who shall receive the highest shore pay of his grade. [See p. 49.] cine and Surgery. 16 July, 1862, s. 18, v. 12,- p. 587. 27 Feli., 1877, T. 19, p. 244. Title 15, Chap. 2. Sec. 1436. Any staff officer of the Navy who has performed the duty Chiefs of Bu- "^ ^ chief of a Bureau of the Navy Department for a full term, shall reaus exempted thereafter be exempt from sea duty, except in time of war. from sea duty. S-March, 1871, o. 10, v. 16, p. 537. T itle 15, Chap. 4. Sec. 1471. ^ The chiefs of the Bureau of Medicine and Surgery, Provis- Bank and title ^°^^ ^^^ Clothing, Steam Engineering, and Construction and Repair, of certain chiefs shall have the relative rank of commodore while holding said position, of Bureau. and shall have respectively the title of Surgeon-General, Paymaster- I General, Engineer-iu-Chief, and Chief Constructor. 3 March, 1871, s. 12, v. 16, p. 537. When h e 1 w Sec. 1472. When the office of chief of Bureau is filled by a line officer dore "o™™"- below the rank of commodore, said ofiicer shall have the relative rank of commodore during the time he holds said office. Ibid. B^eauf retfre^^ ^^''- ^*''^- O^^ers who have been or who shall be retired from the position of chiefs of the Bureau of Medicine and Surgery, of Provisions and Clothing, of Steam Engineering, or of Construction and Eepair, by reason of age or length of service, shall have the relative rank of commodore. Ibid. Title 15, Chap. 8. Sec. 1565. The pay of chiefs of Bureaus iu the Navy Department Pay of ohiefs^^^^ll ^^ ^^^ highest pay of the grade to which they belong, but not of Bureaus. below that of commodore. Ibid. Title 10. CLERKS AND OTHER CIVIL EMPLOYEES IN THE NAVY DEPARTMENT AND BUREAUS. Sec. 416. There shall be In the Department of the Navy: One chief cl^rk, at a salary of two thousand five hundred dollars a year, so long as there is no assistant secretary of the Navy, and at a salary of two thousand two hundred dollars a year when there is an assistant secretary of the Navy. * One disbursing clerk, two thousand dollars. [See Sec. 176, Civil Service. ] 5 July, 1862, T. 12, p. 510. 2 July, 1864, 8. 4, V. 13, p. 373. 2 July, 1866, s. 8, v. 14, p. 207. 3 March, 1871, s. 3, v. 16, p. 492. 3 March, 187S, s. 1, t. 17, p. 501. In the Bureau of Yards and Docks: One civil engineer at a salary of three thousand dollars a year. [Now pay of grade and a member of the corps of Civil Engineers.] One chief clerk, at a salary of one thousand eight hundred dollars a' year. One draughtsman, at a salary of one thousand eight hundred dollars a year. * The legislative act of August 5, 1882, authorized the appointment of an Assistant Secretary from civil life. No appointment was made, and the provision was repealed Marcli 3, 1883. Clerical force. NAVY DEPARTMENT. 183 lu the Bateau of Equipment and Recruiting : One chief clerk, at a salary of one thousand eight hundred dollars a year. In the Bureau of Construction and Repair : One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of one thousand eight hundred dollars a year. In the Bureau of Steam Engineering : , One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman at a salary of one thousand eight hundred dollars a year. [See act March 3, 1883, post. ] One assistant draughtsman, at a salary of one thousand two hundred dollars a year. [See act March 3 1883, poat.^ In the Bureau of Navigation : One chief clerk, at a salary of one thousand eight hundred dollars a year. > In the Bureau of Ordnance : One chief clerk, at a salary of one thousand eight hundred dollars a year. One draughtsman, at a salary of one thousand eight hundred dollars a year. In the Bureau of Provisions and Clothing : One chief clerk, at a salary of one thousand eight hundred dollars a year. In the Bureau of Medicine and Surgery : One chief clerk, at a salary of ome thousand eight hundred dollars a yeaJr. Ibid. Appropriations for civil force, Secretary's office and Bureaus, Navy Depart- ment and Navy Department iuildings, act of March 3, 1883. For compensation of the Secretary of the Navy, eight thousand dol- Secretary's lars; for compensation of chief clerk of the Navy Department, two thousand five hundred dollars ; one disbursing clerk, two thousand two hundred and fifty dollars ; four clerks of class four ; three clerks of class three ; one stenographer, at one thousand six hundred dollars i two clerks of class two ; six clerks of class one ; four clerks, at one thousand dollars each ; telegraph operator, at one thousand dollars ; one carpenter, one thousand dollars ; two messengers ; three assistant messengers ; one messenger boy, at four hundred and twenty dollars ; one messenger boy, at two hundred and forty dollars ; three laborers ; one clerk of class two, and one laborer (for Inspection Board) ; one clerk of class two, who shall be a stenographer ; one clerk of class one, and one assistant messenger (in care of library). For one chief clerk, one thousand eight hundred dollars ; one Bureau of yards draughtsman, one thousand eight hundred dollars ; one clerk of class *"'' docks, four; one clerk of class three; one clerk of class two; one clerk of class one ; one clerk, at one thousand dollars ; one assistant messenger ; and one laborer. For chief clerk, one thousand eight hundred dollars; one clerk of Bureau of class four ; one clerk of class three ; two clerks of class two; three clerks S|°iP??.™* ^^'^ of class one; two copyists, at nine hundred dollars each; one assistant ^ "'^' messenger; and one laborer. For chief clerk, one thousand eight hundred dollars; one clerk of Bureau of Navi- class three ; two clerks of class two; one clerk of claSs one; one clerk, Ration, at one thousand dollars; one copyist, nine hundred dollars; one assist- ant messenger ; and two laborers. For chief clerk, one thousand eight hundred dollars ; draughtsman. Bureau of Ord- one thousand eight hundred dollars ; one clerk of class three; one clerk nance, of class two; one assistant messenger ; and one laborer. For chief clerk, one thousand eight hundred dollars; draughtsman. Bureau of Con- one thousand eight hundred dollars; one assistant draughtsman, one ^*™*"'" "nd Re- thousand four hundred dollars; one clerk of class four; one clerk of^*'"^' class three ; one clerk of class two ; one clerk of class one ; one assist- ant messenger ; and one laborer. For chief clerk, one thousand eight hundred dollars; one chief Bureau ol draughtsman at two thousand two hundred and fifty dollars; one Steam -Engineer- assistant draughtsman, at one thousand four hui.dred dollars ; one clerk ™^' 184 PUBLIC DOCUMENTS— PUBLIC FEINTING AND BINDING. Bureau of Pro Tisioudaud Cloth' jug. Bureau of Medi- cine and Surgery. Judge-Advo cate-G-eneral. of class two ; two clerks of class one ; one clerk at one thousand dollars ; one assistant messenger j and two laborers. For chief clerk, one thousand eight hundred dollars ; one clerk of class four; two clerks of class three; two clerks of class two; four clerks of class one: two copyists, nine hundred dollars; one assistant messenger ; and one laborer. For chief clerk, one thousand eight hundred dollars ; one clerk of class three ; one clerk of class two ; one clerk of class one ; one clerk, at one thousand dollars ; one assistant messenger ; and one laborer ; one janitor, six hundred dollars ; one assistant chemist, four hundred and eighty dollars (for Naval Dispensary). For one clerk of class three ; two clerks of class one ; one clerk, at one thousand dollars ; one laborer. Hamj Department Building. State, War, and The President is hereby authorized and directed to designate from '''^ * I T ?fl° ^^'^'^ *'^® Engineer Corps of the Army or the Navy, an officer well qualified for men u ing. ^j^^ purpose; who shall be detailed to act as superintendent of the com- pleted portions of the State, War, and Navy Department building, under direction of the Secretaries of State, War, and Navy, who, are CommissJoD for hereby constituted a commission for the purposes of the care and super- care and sui)er- vision of said building, as hereinafter specified. Said officer shall have ™ion of ouild- charge of said building, and all the engines, machinery, steam and Superintendent, water supply, heating, lighting, and vejtuating apparatus, elevators, and all other fixtures in said building, and all necessary repairs an^. alterations thereof, as well as the direction and control of such force of engineers, watchmen, laborers, and others engaged about the building or the apparatus under his supervision ; of the cleaning of the corridors and water closets; of the approaches, side-walks, lawns, court-yards, and areas of the building, and of all rooms in the sub-basement which contain the boilers and other machinery, or so much of said rooms as may be indispeusablp to the proper performance of his duties as herein provided. Employfe ill Office of the superintendent : One clerk class one ; one chief engineer, office. ^^ ^^ ^ ^* °°® *^°"''*°'l ^^° hundred dollars; six assistant engineers, atone thousand dollars each ; one captain of the watch, one thousand two hundred dollars; two lieutenants of the watch, at eight hundred and forty dollars each ; forty-five watchmen; one machinist, at nine hun- dred dollars; one skilled laborer, at seven hundred and twenty dollars ; seventeen firemen ; four conductors of the elevator, at seven hundred and twenty dollars each ; two assistant conductors of the elevator, at five hundred dollars each ; sixteen laborers ; one laborer, at six hundred dollars; and fifty-four charwomen, atone hundred and eighty dollars each ; in all, eighty-two thousand three hundred dollars. Pay of Assistant Messengers, ^c. Sec. 3. That the pay of assistant messengers, firemen, watchmen, and laborers provided for i a this act, unless otherwise specially stated, shall be as follows : For assistant messengers, firemen, aud watchmen, seven hundred and twenty dollars per annum each ; for laborers, six hundred and sixty dollars per annum each. 3 March, 1883, P. E. L , p, 554. PUBLIC DOCUMENTS— PUBLIC PRINTING AND BINDING. Pay of assist- ant mesacngers. Sfec. 196. Annual reports— when to be furnished. 383. Printing of opinions of Attorney-G-eneral. 497. Custody and distribution of public docu- ments. 500. Manner of delivery. 505. Distribution of surplus Tolumes, &c. 3760. Purchase of materials by Public Printer. 3778. Purchases in open market. Purchases without advertising. 3779. Engraving for Congress. 3780. Engraving, when to be advertised. 3783. -Accountability for and issue of material. 3785. Only Government printing and binding all- lowed. 3786. Printing required to be done at Government ce. Sec. 3788. Heads of Bureaus not to print reports, ex- cept, &c. 3789. Orders and requisitions for printing. 3790. Style and forih of work for Departments. 3802. Accounts with Departments for printing. - Style of binding. Binding for members of Congress. 3809. Extra copies of any document, how sold. 3810. Printed documents, when to be delivered. 3813. Documents to be delivered at Interior De- partment. 3815. Quarterly account. 3821. Beport to Congress. Impressions and vignettes, Bureau of En- graving and Printing. PUBLIC DOCUMENTS PUBLIC PKINTING AND BINDING. 185 Sec. 19(i. The head of each Department, except the Department of Title 4. Justice, shall furnish to the Congressional Printer copies of the doou- . , . ments usually accompanying his annual report on or before the first ^ day of November in each year, and a copy of his annual report on or before the third Monday of November in each year. 25 June, 1864, as. 1, 3., v. 13, p. 184. 25 June, 1870, s. 12, v. 16, p. 164. Sec. 383. The Attorney-General shall from time to time cause to be Title 8. edited, and printed at the Government Prinljing-Offioe, an edition of „ . . rrr" one thousand copies of such of the opinions of the law-officer herein Attorney " authorized to be given as he may deem valuable for preservation in ral. Title volumes, which shall be, as to size, quality of paper, printing, and binding, of uniform style and appearance. Gene- .e8,p.63. Each volume shall contain proper head-notes, a complete and full 23 June, 1870. indexj and such foot-notes as the Attorney-General may approve. Such volumes shall be distributed in such manner as the Attorney-General may from time to time prescribe. 22 June, 1870, b. 18, v. 16, p. 165. Sec. 497. The Secretary of the Interior is charged with receiving, Title 11, Chap. 7. arranging, and safe-keeping for distribution, and of distributing to the cnstodv and persons entitled by law to receive the same, all printed journals of the aistributi o n of two Houses of Congress, and all other books and documents of every public docn- nature whatever, already or hereafter directed by law to be printed or ments- purchased for the use of the Government, except such as are directed to be printed or purchased for the particular use of Congress, or of either House thereof, or for'the particular use of the Executive or of any of the Departments, and any person whose duty it shall be by law to deliver any of the same, shall deliver them at the rooms assigned by the Secretary of the Interior therefor. 6 Feb., 1859, ss. 1, 7, 5, v. 11, p. 379 . Sec. 500. The publications received by the Secretary of the Interior Manner of de- for di8tributi(m shall be delivered out only on the written requisition oi^^'^^'^- the heads of Departments, Secretary of the Senate, Clerk of the House of Representatives, Librarian of Congress, and other officers and per- sons who are by law authorized to receive the same, except where by law the Secretary of the Interior is required, without such requisition, to cause the same to be sent and delivered ; and in either of such cases it shall be the duty of the Secretary of the Interior to cause the same to be sent and delivered, the expenses thereof, except when otherwise directed, to be charged on the contingent fund of the Department. 5 Feb., 1859, 8. 4, V. 11, p. 380. Sec. 505. Whenever there are in the custody of the Department of Diatribntion of the Interior any sets of the documents of any session of Congress, or other ^'P^"' volumes, documents or odd volumes, not necessary to supply deficiencies or losses that maj- happen in the Library of Congress; or in that of either of the Executive Departments, or in State or territorial libraries, the Secre- tary of the Interior shall distribute the same as equally as practicable to the several Senators, Representatives, and Delegates in Congress, for distribution to public libraries and other literary institutions in their respective districts. 17 Feb., 1871, Ees., v. 16, p. 597. Sec. 376P. It shall be the duty of the Congressional Printer to pur- Title 45. chase all materials and machinery which may be necessary for the Gov- Duties of Con- ernment Printing Office; to take charge of all matter which is to be gressional Print- printed, engraved, lithographed, or bound; to keep an account thereof er. in the order in which it is received, and to cause the work to be promptly executed ; to superintend all printing and Muding done at the Govern- ment Printing Office, and to see that the sheets or volumes are promptly delivered to the officer who is authorized to receive them. The receipt of such officer shall be a sufficient voucher of their delivery. 23 June, 1860, v. 12, p. 117. 22 Feb., 1867, v. 14, p. 398. 20 Jnne,,1874, v. 18, p. be By an act of July 31, 1876, a. 1, v. 19, p. 105, the Congressional Printer is to 9 called the " Public Printer." 186 PUBLIC DOCUMENTS — PUBLIC PRINTING AND BINDING. Purchasea in Sec. 3778. Tlie Joint Committee ou Public Printing; or, during the open market. recess of Congress, the Secretary of the Interior, may authorize the 27 July, 1866, Congressional Printer to make purchases of paper in open market, oh. 287, 55, vol.14, whenever they [may deem the quantity required so small, or the want P- ^"^^ so immediate, as'not to justify advertisejnent for proposals. 27 3 uly, 1866, s. 6, v. 14, J. 306. Purch a 9 e of That the Joint Committee on the Public Printing be and hereby is au- ra sit e r i a 1 f o r thorized to give permission to the Public Printer to purchase material in adverSfiS open market, whenever in their opinion, it would not promote the pub- ' : lie interest to advertize for proposals and to make contracts for the same : Provided, however, That the purchases authorized by this act shall not in any term of six months, exceed the sum of fifty dollars for any par- ticular article required. 1 Feb., 1878, V. 20, p. Title 45. Sec. 3779. Whenever any charts, maps, diagrams, views, or other en- j, . T~ gravings are required, to illustrate any document ordered to be printed Cbn^esJ.'"^ "^ by either House of Congress, such engravings shall be procured by the Congressional Printer, under the direction and supervision of the com- mittee on printing of the House ordering the same. [See June Si3, 1874, post. ] 23 June, 1860, s. 8, v. 12, p. 119. No expensive maps or illustrations shall be printed without the special order of Congress. June 23, 1874, v. 18, p. 204. Engraving Sec. 3780. When the probable total cost of themapsor plates accom- tiscfd"" '^ panying'one work or document exceeds oneMowsandtoo hundred dollars, .the lithographing or engraving thereof shall be awarded to the lowest and best bidder, after advertisement by the Congressional Printer, un- der the direction of the Joint Committee on Public Printing. But the committee may authorize him to make immediate contracts for lith- ographing or engraving whenever, in their opinion, the exigencies of the public service do not justify advertisement for proposals. 25 June, 1864, s. 19, v. 13, p. 186. 12 Feb., 1883, P. E. 1., p. 414. Only public gist;. 3785. No printing or binding which is not provided for by law binding°allowed ^^''ll ^'^ executed at the Government Printing Office. 23 June, 1860, Ees., s. 11, v. 12, p. 414. See June 24, 1878, post. ■■ , a,^i^\^Ai 1'*' ^^'^- ^''^6- ^11 printing, binding, and blank books for the Senate or ■at Government ^""^^ °^ Representatives, and the Executive and Judicial Depart- Printing Office, ments, shall be done at the Government Printing OfBce, except in cases otherwise provided by law. Idem. p. 118. ■ 2 March, 1867, s. 10, v. 14, p. 467. 20 July, 1868, s. 1, v. 15, p. ill. reSTsn^ot tf prirt ®^''^- ^'^^^- ^° "^''^^ ^° charge of any Bureau or office in any Depart- reports, except, ™ent shall cause to be printed, at the public expense, any report he &o. may make to the President or to the head of the Department, except as provided for in this Title. 31 Aug., 1852, o. 8, V. 10, p. 98.. Orders and re- Sbc. 3789. No printing or binding shall be done, or blank-books fur- Si^r "'^'^^^'^ * " * for any of the Executive Departments, except on a ''■ written requisition by the head of such Department, or one of his assist- ants. ■ 14 March, 1864, s. 1, v. 13, p. 25. 3 June, 1864, s. 1, v. 13, p. 118. 3 March, 1871, v. 16, p. 517. Style and form Sec. 3790. The forms and style in which the printing or binding Saiw'^t^"^ "®" °^ '^'^'"^ ^^^ "^"^ ^^ vacant, by the officer acting as Solicitor for, the time, shall be evidence equally with the originals. 22 Feb., 1849, s. 2, v. 9, p. 347. Transcripts Skc. 886. When suit is brought in any case of delinquency of a reve- f™™ books, &c., jj„g officer, or other person accountable for public money, a transcript ?n sSits IglSfrom the boots and proceedings of the Treasury Department, certified delinqnents. by the Register and authenticated under the Seal of the Department, or, when the suit involves the accounts of the War or Navy Departments, certified by the Auditors respectively charged with the examination of those accounts, and authenticated under the seal of the Treasury Department, shall be admitted as evidence, and the court trying the cause shall be authorized to grant judgment and award execution ac- cordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by the Register, or by such Auditor, as the case may be, to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled tp the same degree of credit which would be due to the original papers if produced and authenticated in court: Provided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads "non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit. 3 March, 1797, s. 1 , v, 1, p. 512. ' 3 March, 1817, s. 11, v. 3, p. 367. Tbe account of a delinquent officer, as finally adjusted by the accounting of- ficers, is not admissible as evidence under sec. 886, K. S., unless it be certified and authenticated to be a transcript from the books and proceedings of that Department. A certificate that the transcript annexed is a copy of the original on file is the form used in reference to mere copies of bonds, contracts, or other papers connected with the' final adjustment. — Otto, 102, 548. Transcripts in Skc. 887. Upon the trial of any indictment against any person for indictments for embezzling public moneys, it shall be sufficient evidence, for the pur- D™biic monevB " P°s8 "f showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury Department, as pro- vided by the preceding section. [See § 5494, Disbursing Officers.] 6 Aug., 1846, s. 16, V. 9, p. 63. 2 March, 1797, s. 1, v. 1, p. 512. Copies of re- Sbc. 888. A copy of any return of a contract returned and filed in turns in retui-ns- tjjg returns-office of the Department of the Interior, as provided by " "*■ law, when certified by the clerk of the said office to be full and com- plete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by such officer in making bis return of any contract, as required by law, to said returns- office. [See § 3744, Contracts, page 29.] 2 Jung, 1862, s. 4, v. 12, p. 412. Copies of reo gjjc. 896. Copies of all official documents and papers in the office of flee ' 5° 'iTnited ^°y Consul, vice-consul, or commercial agent of the United States, and States consuls, of all official entries in the books or records of any such office, certified &c. under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. [See } 1707, Diplomatic and Con- sular Officers, Part IV.] 8 Jan., 1869, V. 15, p. 266. Little & Sec. 908. The edition of the laws and treaties of the United States, Brown's edition published by Little & Brown, shall be competent evidence of the sev- ' to be evidence ^^^^ public and private acts of Congress, and of the several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United- PUBLIC OE DEPARTMENT RECORDS. I'.'l States, and of the several States, witliout any further proof or authen- tication thereof. 8 Aug., 1846, s. 2, v. 9, p. 76. Skc. 1778. In all cases in which, under the laws of the United States, Title 19. oaths or acknowledgments may now be taken or made before any jus- ^ , . -— tice of the peace of any State or Territory, or iu the District of Colum- ^ o kn o I l"e d «'- bia, they may hereafter be also taken or made by or before any notary ments, &o. public duly appointed in any State, district, or Territory, or any of the commissioners of the circuit courts, and when certified under the hand and official seal of such notary or commissioner, shall have the same force and elfect as if taken or made by or before such justice of the peace. 16 Sept., 1850, V. 9, p. 468. 29 July, 1854, s. 1, v. 10, p. 315. RETURNS OFMCB. Sec. 012. The Secretary of the Interior shall from time to time pro- Title 11, Chap. 8. vide a proper apartment, to be called the Returns Office, in which he ~:jr-|^ ~ — shall cause to be filed the returns Of contracts made by the Secretary J^™'™^ omoe. of War, the Secretary of the Navy, and the Secretary of the Interior, and shall appoint a clerk of the first class to attend to the same. [See U 3744-3747, Contracts, page 29.] 2 June, 1862, s. 4, v. 2, p. 412. Sec. 513. The clerk of the Returns Office shall file all returns made Clerk to filere- to the office, so that the same may be of easy access, keeping all re- 1«™3- turns made by the same officer in the same place, and numbering them in the order in which they are made. Idem. Sec. .514. The clerk of the Returns Office shall provide and keep an Indexes, index- book, with the names of the contracting parties, and the num-i ber of each contract opposite to the names ; and shall submit the in- dex-book and returns to any persou desiring to inspect it. Idem. Sec. 515. The clerk of the Returns Office shall furnish copies of such Copies of re- rteturns to any person paying therefor at the rate of five cents for every tu™s. one hundred words, to which copies certificates shall be appended in every case by the clerk making the same, attesting their correctness, and that each copy so certified is a full and complete copy of the return, Idem. DESTROYING RECORDS. Sec. 5403. Every person who willfully destroys or attempts to destroy, TltleTO, Chap. 4. or, with intent to steal or destroy, tak^ and carries away any record, "jDegt^ovins &o paper, or proceeding of a court of justice, filed or deposited with any public records, clerk or officer of such court, or any paper, or document, or record filed or deposited iu any public office, or with any j udioial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suifer imprisonment, at hard labor, not more than three years, or both. [See § 5408.] 26 Feb. , 1853, 5. 4, V. 10, p. 170. Sec. 5408. Every officer having the custody of any record, document. Destroying paper, or proceeding specified in section fifty-four hundred and three, records by officer who fraudulently takes away, or withdraws, or destroys any such record, '" "narge. document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dol- lars, or suffer imprisonment at hard labor not more than three years, or both; and shaU, moreover, forfeit his office and be forever after warct disqualified from holding any office under the Government of the United States. Idem,, s. 5. 193 PUBLIC PROPEETY, BUILDINGS AND GROUNDS. PUBLIC PROPERTY, BUILDINGS AND GROUNDS. PURCHASE AND DISPOSITION. Sec. iJ736. No pui-chaBe without approjDriatiou. 5503. Contracting beyond appi'opriations. Kent of bulidings, , [See page 31.] Sec. 355. Title to be examined. 1838. Assent of legislature. 3733. Conia-act not to exceed appropriation. 3734. Eestriotion on commencing buildings. Title 8, Sec. 355. No public money shall be expended upon any site or land T'tl to land to purchased by the United States for the purposes of erecting thereon be purchased by any armory, arsenaJ, fort, fortification, navy-yard, custom-house, light- the United house, or other public building, of any kind whatever, until the States. written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land 6r site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the .Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the Departments, upon the application of the Attorney-General, shall procure any addi- tional evidence of title which he may deem necessary, and which may not be in the possession of the officers of the Govenament, and the ex- pense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively. 11 September, 1841, Ees. 6, v. 5, p. 468. Title 2'i. Sec. 1838. The President of the United States is authorized to pro- Assent of f*"™ t^^ assent of the legislature of any State, within which any par- States to par- chase of land has been made for the erection of forts, magazines, chase of lands for arsenals, dock-yards, and other needful buildings, without such consent forts, fee. having been obtained. 26 April, 1828 s. 2, v. 4, p. 264. Title 43 1 I ' ' i* '. Sec. 3733. No contract shall be entered into for the erection, repair, No contract to or furnishing, of any public building, or for any public improvemfent exceed appropri- ^jjicli shall bind the Government to pay a larger sum of money than **°' the amount in the Treasury appropriated for the epeoifi^c purpose. [See 5 5503.] ' , 25 July, 1868,s. 3, V. 15, p. 177. Restrictions on sj,c. 3734. Before any new buildings for the use of the United States of newbnSSngs. ^™ commenced, the plans and full estimates therefor shaU be prepared and approved by the Secretary of the Tre3,sury, the Postmaster-Gen- eral, and the Secretary of the Interior; and the cost of each building shall not exceed the amount of such estimate. [See § 366.i.] ■ 16 July, 1870, v. 16, p. 2»6. purchased -ex^ ^^C. 3736. No land shall be purchased on account of the United ceptnnderalaw. States, except under a law authorizing such purchase. 1 May, 1820, s. 7, v. 3, p. 568. Title70,Cliap.«. Sec. 5503. Every ofiSoer of the Government who knowingly contracts Contracting ^°^ *^® erection, repair, or furnishing of any public building, or for any beyond specific public improvement, to pay a larger amount than the specilic sum ap- appropriationforpropriated for such purpose, shall be punished by imprisonment not building. less than six months nor more than two years, and shall pay a fine of two thousand dollars. [See § 3733.] 25 July, 1868, s. 5, V. 15, p. 177. The Goveminent can purchase land in a State without the consent of the legislature, but cannot without that consent exercise exclusive jurisdiction. The joint resolutiohs of September 11, 1841 (sec. — , E. S.), does not forbid the payment of the purchase money of any site for the purpose of erecting build- ings before the consent of the legislature is obtained, but prohibit the expendi- ture of public money upon improvements before such consent. If tlie legisla- tive act of the State amount-s to a consent, any exceptions, reservations, or qualificarions contained in the act are void. — Op. X, 35, Hay 6, 1861, Bates. See also Op. XT, 212, Devens, March 27, 1877. A purchase of land by the Executive without the authority of law is an illegal act.— Op. XI, 201, Speed, April 20, 1865. "Where a contract is made for the purchase of propeHy for Government pur- Soses, and the head of a Department refuses to tafee it, the Attorne,Y-G6neral eclaring the title defective, the contract is at an end. A sncceeding Secretary cannot reconsider except upon new evidence, &c — Op. IX, 100, Black, Septem- ber 26, 1857. Compensation to district attorneys for examining titles proper. The amount may be agreed on in advance or fixed after the work is completed. — Op. XI, 433, Speed, May 8, 1866. See also Op. Xin, 15. PUBLIC PKOPERTY, BUILDINGS AND GROUNDS. 193 The discretion ffiven in an act to acquire by purchase or condemnation a lot of land for a jtublic building does not extend to "acquisition" of ad,joining land. Authority to purchase in the act does not include authority to acquire by condemnation. In etatutea, generally, the word purchase is employed in a sense not technical, only as acquisition by agreement with and conveyance from the owners without Governmental interference.— Op. XVI, 226, Devens, May 14.1879. The United States cannot accept a cession of jurisdiction from a State coupled ' with a condition that crimes committed within the limits of the jurisdiction ■ceded shall continue to be punished by the courts of the State.— Op. VIII, 419, Gushing. See Op. IX, 528^ and the Regulations of the Department of Justice, published in Greneral Orders, War Department, Mjw^ 13, 1881, concerning examination and evidence of ititles of lands to be conveyed to the United States. The act of a legislaiure of a State giving consent to the purchase of site for naval i)urpo8es is suf&cieut authority for the expenditure of money in its pur- ■chase, if the title is certified to.— Op. IX, 129, Black, November 23,1877. It is such a cession of jurisdiction that is contemplated by the joint resolution of Sep- tember 11, 1848.-Op. IX, p. 263. The term purchase embraces any mode of acquiring property other than by •descent. The Secretar^^ of War cannot accept a gift of land or interest in land, for any use or purpose, independently of statute authority. Public money can- not be expended for the erecj^on of a public building upon land donated to the United States, until the Attorney -General has passed the tiUe and the legisla- ture of the State granted jurisdiction. — Winthrop's Digest, 406. See also this Digest for other important decisions and rulings on the subject of public lands and property ; and against the power of the heads of the executive departments to lease, give away, or dispose in any manner of such land or property without authority of Congress. ' See also Op. IV, 480. Where land is donated to the United States for a site for a public building, for which an appropriation was made by Congress : Held, That the consent of the legislature of the State to the grantis lequired before any part of the appro- priation c9-n be lawfully expended in the erectiop, of the building — Op. XV"I, 414, Devens, January 7, 1880. Lands nnrchased and reserved by the United States for light-house, barracks, navy-yaras, and other like purposes are not included in the designation of "public lands." Lands so purchased or reserved are in law and in fact severed from the public domain, and no subsequent law or warrant authorizing the ap- propriatipn of ' ' public lands ' ' would be construed to embrace land so purchased or reserved. — Op. V, 578, Aug. 1, 1852, Crittenden. An act appropriating for a movable dam impliedly authorizes the purchase with the approval of the Secretary of War, of such land as is necessary for the construction of the dam. Payment of the purchase money may be jnade though the legislature of the State has not consented to the purchase. Expenditures for structuaes or improvements caijnot be made upon land already purchased until the consent of the State is obtained. — Op. XV, p. 212, Devens, March 27, 1877. CARE AND DESTRUCTION OF PUBLIC PROPERTY. Sec. 197. InTentory to be kept. 1624. "Wilifally stranding vesaela. . Unlawful destruction of pnblic property. Negligent stranding of vessels. . "Waste of public property. . Stealing or wrongfiilly selling. 3748. Selling uniforms and equipments. 5385. Arson of dwelling houses. Sec. , 5386. Arson of armories, &c. 5387. Arson of vessels of war. 5438. Canceling, selling, and pledging public property. 5439. Embezzling arms, stores, &c. 5456. Bobbery and larceny of personal property ot the United States. . Use of water in public buildings D. C. Sec. 197. The Secretary of State, the-Secretary of the Treasury, the Title 4. Secretary of the Interior, the Secretary of War, the Secretary of the ii,.5,g„tofiigg „f Navy, the Postmaster-General, the Attorney-General, and Commis- property. sioner of Agriculture shall keep, in proper books, a complete inventory of all the property belonging to the United States in the buildings, rooms, offices, and grounds occupied by them, respectively, and under their charge, adding thereto, from time to time, an account of such property as may be procured subsetiuently to the taking of such inven- tory, as well as an account of the sale or other disposition of any of such propenty. 15 July, 1870, s. 1, v. 1&, p. 364. Sec. 1624. Akt. 4. The punishment of death, or such other punish- Title 15,Cbap.l«. ment as a court-martial may adjudge, may be inflicted on any person in ~;5ffenses pun- the naval service — ^ ^ ^ ishable by death. Tenth. Or intentionally or willfully suffers any vessel of the Navy to Willful strand- be stranded, or run upon rocks or shoals, or improperly hazarded ; ormg or injury of maliciously or willfully injures any vessel of the Navy, or any part of *■* ' her tackle, armament, or equipment, whereby the satety of the vessel is hazairded or the lives of the crew exposed to danger ; 11181- -13 194 PUBLIC PROPERTY, BUILDINGS AND GROUNDS. TTnlaTrfnl de- Eleventh. Or unlawfully sets on fire, or otherwise unlawfully de" Btrdotioii of pub- gtrovs, any pnhlic pToperty not at the time in possession of an enemy; Uo property. pirate, or rebel ; 23 April, 1800, Art. 17, v. 3, p. 47. . Offenses pnn- Aet. 8. Such punishment as a court-martial may adjudge may he in- ishable at discre- fljcted on any person in the Navy — tioiiofootiTt-ms.r- «"» » » » * » '^Negligent Eleventh. Or, through inattention or negligence, suffers any vessel Btranduig. of the Navy to be stranded, or run upon a rock or shoal, or hazarded; # * * t ■Waste of pnb- Fifteenth. Or wastes any ammunition, provisions, or other public lie property, &o. property, or, having power to prevent it, knowingly permits such waste; ' , 23 April, 1800, Art. 13, v. 2, p. 47. Orimesoffrand. ART. 14. Fine and imprisonment, or such other punishment as a> court-martial may adjudge, shall be inflicted upon any person in the naval service of the United States — * » » » » f * * Stealing, wrong- Who steals, embezzles, knowingly and willfully misappropriates, ap- fiiUy Belling, &c. pj^gg ^g jjjg ^^^ ^gg or benefit, or wrongfully and knowingly sells or disposes of any ordnance, arms, equipments, ammunition, clothing, subsistence stores, money or other property of the United States, furn- ished -or intended for the military or naval service thereof; or Buying public Who knowingly purchases, or receives in pledge for any obligation mihtary, P''"? "or indebtedness, from any other person who is a part of or employed in V said service, any ordnance, arms, equipments, ammunition, clothing, subsistence stores, or other property of the United States, such other person not having lawful right to sell or pledge the same ; 2 March, 1863, s. 1, v. 12, p. 565. Marcb 3, 1875. xhat any person who shall embezzle, steal, or purloin any money. Embezzling, property, record, voucher, or valuable thing whatever, of the moneys, stealing, (&c^ goods, chattels, records, or property of the United States, shall be |f°™ J*"'*® 4 deemed guilty of felony, and on conviction thereof bfefore the district feltony • pmStyT ^ circuit court of the United States in the district wherein said offense ' may have been committed, or into which he shall carry or have in pos- session of said property so embezzled, stolen, or purloined, shall be / punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dol- lars, or both, at the discretion of the court before which he shall be convicted. Kno-wingly re- gj;^. g. That if any person shall receive, conceal, or aid in concealing, fng''to!.,"stolen °^ have, or retain in his possession with intent to convert to his own &o,', property oituse or gain, any money, property, record, voucher, or valuable thing the tTnited whatever, of the moneys, goods, chattels, records, or property of the States; penalty. United States, which has theretofore been embezzled, stolen, or pur- loined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion May be tried ^f ^^e court before which he shall be convicted ; and such receiver may con'vitci'on of^^ tried either before or after the conviction of the principal felon, but principal. if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embez- zled, stolen, or purloined. 3 March, 1875, r. 18, p. 479. Title 44. Sec. 3748. The clothes, arms, military outfits, and acooutermeuts TJniforms and fi™i8liert, &c. jurisdiction, wVllfally and maliciously bums any dwelling-house, or mansion-house, or any store, barn, stable, or other buildingj parcel of any dwelling or mansion-house, shall suffer death. 3 March, 1825, s. 1, v. 4, p. 115. Sec. 5386. Every person who, in any of the places mentioned in the Arson of armo- preceding section, maliciously sets fire to, or burns, any arsenal, armory, ^' *™6nal, &o. magazine, rope-walk, ship-house, yrarehouse, blockvhouse, or barrack, or any store-house, bam, or stable, not parcel of a dwelling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. lUd, B. 2. Sec. 5387. Every person who maliciously sets on fire, or burns, or Arson of vessel' otherwise destroys, any vessel of war of the United States, afloat on the °^ ^*''- high seas, or in any arm of the sea, or in any river, haven, creek, bsuiin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death. Ibid, a. 11, p. 117. Sec. 5438. Every person * * * who, having charge, possession. Title 70, Chap. 5. custody, or control of any money or other public property used, or to Concealing be used, in the military or naval service, who, with intent to defraud sellingandple^ the United States or willfully to conceal such money or other property, ing public prop- delivers or causes to be delivereid, to any other person having authority ^"^1 ^'^ to receive the same, any amount of such money or other property less than that for which he received a certificate or took a receipt, and every person authorized to make or deliver any certificate, voucher^ receipt or other paper certifying the receipt of arms, ammunition, pro- visions, clothing, or other property so used or to be used, who makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, and every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other ' public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. [See § § 3490, 3491, under Claims.] 2 March, 1863, ss. 1-3, v. 12, pp. 696-698. Sec. 5439. Every person who steals or embezzles, or knowingly applies Em h e z z 1 i n g to his own use, or who unlawfully sells, conveys, or disposes of, any ^^"^s, stores, &o, ordnance, arms, ammunition, clothing, subsistence, stores, money, or other property of the United States, furnished or to be U6»d for the military or naval service, shall be punished as prescribed m the pre- ceding section. Ibid. Sec. 5456. Every person who robs another of any kind or description Eobbery orlar- of personalproperty belonging to the United States, or feloniously takes "^"y ^ personal and carries away the same, shall be punished by a fine of not more than ?rnSed Itates five, thousand dollars, or by imprisonment at hard labor not less' than one no! more than ten years, or by both such fine and imprisonment. 2 March, 1867, v. 14, p. 557. 196 PUBLIC PROPERTY, BUILDINGS AND GROUNDS. 3 March, 1883 . AH officers in charge of public buildings in the District of Columbia shall cause the flow of water in the buildings under their charge lo be to beThut o£ shut off from five o'cloct post meridian to eight o'clock ante meridian : Provided, That the water in said public buildings is not necessarily in use for public business. 3 March, 1883. [Sundry civil act.] ,„, And hereafter no money shall be paid nor contracts made for pay- 3 March, 187B. jjjg^^ f^p ^jjy gj^^g fgj, ^ p„bic building in excess of the amount speoin- Payments, con- cally appropriated therefor ; and no money shall be expended upon tracts, &c., for any public building on which work has not yet been actually begun public buildings, ^^til after drawings and specifications together with detailed estimates of the cost thereof, shall nave been made by the Supervising Architect of the Treasury Department, and said plans and estimates shall hav? been approved by the Secretary of the Treasury, Secretary of the In- terior, and the Postmaster-General ; and all appropriations made for the construction of such building shall be expended within the limita- tions of the act authorizing the same or limiting the cost thereof; and no change of said plan involving an increase of expense exceeding ten ■ per centum of the amonut to which said building was limited shall be , allowed or paid by any ofScer of the Government without the special authority of Congress. 3 Maroh, 1875, chap. 130, v. 18, p. 395. The Secretai-y of the Navy has no authority to grant permission to a city to extend a sewer through the public grounds so as to confer any legal title orright upon the city to maintain the sewer through tlie grounds. A mere license for tlie use of the premises is revocable at all times. A legal right to construct and maintain a sewer would have to be granted by Congress. —Op. XVI, 152, October 1, 1878. Devens. Tei'ritory over which exclusive jurisdiction has been ceded to the United States, is subject only to the laws of Congress. Where land is gianted by a State to the General Government, reserving a concurrent jurisdiction in exe- cuting process within for offenses committed without such tract, the ITnited States have exclusive jurisdiction of oifenses committed within the ceded ter- ritory. The purchase of land by the General Government for public purposes within the territorial limits of a State, does not, of itself, oust the State juris- diction therein. Exclusive jurisdiction is the necessary attendant on exclusive legislation. "When, therefore, a State legislature has given its consent to a purchase of land by the General Government for the purposes enumerated in the Constitution, the State jurisdiction is completely ousted. — Brightley's Fed- eral Digest, pp. 147, 148, giving numerous authorities and decisions of the courts. An officer m command of a military post has the right to protect it by force from occupation or injury at the hands of trespassers. One caution should be observed, however, that in executiog this duty there should be no unnecessary or wanton hai'm done either to persons or property. — Op. IX, 476, Black, Sep- tember 24. 1860. Where the Government executes a lease with a full knowledge of the condi- tion of the building leased and with no agreement that the lessor shall make repairs it oannot make them at his expense. — C. C., IV, 526. Premises occupied by the Government under an implied lease ; claim pre- sented, which is reduced and paid, owner accepting and receipting without pro- test. He is excluded from afterward seeking to recover the diiferenoe. — C. C., VIII, 521. Wh6re there is an express agreement to repair, tenant is liable for J loss by accidental iire. Liability attaches although there be no express cove- nant as to Are. Otherwise where there is no agreement to keep in repair, 0. C, IX, 479. Premises rented at a specific rate per month, after expiration of a year lessee notified lessor that the rent must be reduced. The lessor allows The lessee to continue, receiving monthly rent at the reduced rate and giving receipts therefor in full. He thereby consents to ohang ein the origin^ con- tract.— C. C, V, 508, Where the President has given permission to a railroad' or a telegraph com- pany to run lines through the public property, the license is revocable at his pleasure.— Op. XVI, 205, Devens, Nov. 22, 1878. Persons who reside on lands purchased by, or ceded to the United States, forts and arsenals, and where there is no other reservation or jurisdiction to the State than that of a right to serve civil and criminal process on such lands, are not entitled to the benefits of common schools for their children in the towns in which the lands are situated ; nor are they liable to be assessed for their polls and estates to State, county, and town taxes, in such towns ; nor do they gain , a settlement in such towns for themselves 'tor their childreu by a residence for any length of time on such lands ; nor do they acquire by residing on suohlands any elective fi?anohise as inhabitants of such towns. — Supreme court of Mas- sachusetts, 1 Metcalf, 580, quoted in Op. XVI, 468, Devous, Feb., 7, 1880. SALE OF PROPERTY AND MATERIALS. 197 SALE OF PROPERTY AND MATERIALS. Sec. iK?' i^® "^ Teesels unfit for repairs. 1541. Sale of nnserviceable vessels and materials. ^movalof vessels from Register. - — Appraisal and sale of stores, &c. 3617. Moneys to be deposited witliout deduction. Sec. 3618. Proceeds of sales of materials. 3619. Penalty for withholding money. p672. Statement of proceeds of sales. Disposition of aseiess ordinance material Sec. 1540. The President may direct any armed vessel of the United Title 15,0&ap. «. States to be sold when, in his opinion, such ressel is so much out of re- -5-; — Z r ?!i.' *^«*J*aT5 T\}1^°^ ^'^^ ^^t^'^^^* °f *^« United States to repair n^tto be ™^ ed. her. [SeeAug. 5, lt-82,i)08t.]' 21 April, 1806, 8. 3, V. 3, p. 402. Sec 1541. The Secretary of the Navy is authorized and directed to Sale of unserv- seU, at public sale, such vessels and materials of the United States ieeaUe vessels. Navy as, m his judgment, cannot be advantageously used, repaired, or ™^ materials, htted out ; and he shall, at the opening of each session of Congress, make a full report to Congress of all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. [See s. 3618 and Aug. 5, 1882, post, sec. 429, Navy Depart- ment, p. Ifcl, Part II, and page 96, Part I.] 23 March, 1873, s. 2, v. 17, p. 154. ' It shall also be the duty of the Secretary of the Navy, as soon as may 5 Aug. 1882 be after the passage of this act, to cause to be examined by competent '— boards of ofScers of the Navy, to be designated by him for that duty, Examination of all vessels belonging to the Navy not in actual service at sea, and vessels '^^^^^' *"■ at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels in the United States as often as once in three years, when prac- ticable ; and said boards shall ascertain and report to the Secretary of the Navy, in writing, which of said vessels are unfit for further service. Vessels not fit or, It the same are unfinished in any navy-yard, those which cannot be for farther serv- finished without great and disproportipnate expense, and shall in such '•=»*" ^^ stricken report sf ate fully the grounds, and reasons for their opinion. And it """^ register., shall be the duty of the Secretary of the Navy, if he .shall concur in opinion with said report, to strike the name of such vessel or vessels from the Navy Register and report the same to Congress. [See March 3, 1883, VESSELS OF THE NAVY, Part I, p. 96.] 5 Angnst, 1882, P. E. L., p. 296. 5 Aug., 1882. Appraises. Sec. 2. That it shall be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause an account to be taken of the stock of stores and .supplies pertaining and belonging to Account of the several bureaus of the Navy Department, in which account shall stores to be tak- be stated the original cost of each article and the date of purchase, *"' so far as the same is known, and cause an appraisement of the present value of such stores and supplies to be made and entered in such ac- count ; and said appraised value, when so entered, shall hereafter be • the price at which they shall be charged in accounting with the sev- eral bureaus. Such appraisal shall be made by boards of officers of the Navy to be designated by the Secretary ; and all such stores and supplies as shall be found by boards of appraisers to be unserviceable for use in the Navy, shall be condemned and sold in the manner herein- after provided for the sale of old materials, and the proceeds thereof, after deducting the cost of such appraisal, condemnation, and sale, shall be paid into the Treasury. And no old material of the Navy shall hereafter be sold or exchanged by the Secretary of the Navy, or'by any officer of the Navy, which can be profitably used by reworking or oijher-. wise in the construction or repair of vessels, their machinery, armor, armament, 6r equipment ; but the same shall be stored and preserved for future use. And when any such old material cannot be profitably used as aforesaid, the same shall be appraised and sold at public auction after ableaiuoles." public notice and advertisement shall have been given according to law under such rules and regulations and in such manner as the said Secretary may direct. The net proceeds arising from the sales of such old materials shall be paid into the Treasury. It shall be the duty of Saleofunprofit^ 198 SALE, OP PKOPEKTY AND MATERIALS. Eeport to be the Secretary of the Navy annually to report ia detail to Congress, in made to Con- ^jg annual report, the proceeds of all sales of materials, stores, and ^^°°" supplies, made under the provisions of this act, and the expenses at- tending such sales. 5 Augast, 1882, chap. 391, P. B. L., p. 296. Title 40. Sec. 3617. The gross amount of all moneys received from whatever source for the use of the United States, except as otherwise provided in Mone^ to be ^j^g ^^^^ section, shall be paid by the officer or agent reoeving the same outTednctimi into ^^^ Treasury, at as early a day as practicable, without any abate- ment or deduction on account of salary, feess, costs, charges, expenses, or claimiof any description whatever. But nothing herein shall affect any provision relating to the revenues of the Post-Office Department. [See Aug. 5, 1882, ante, and March 3, 1883.] 3 March, 1849, s. 1, v. 9, p. 398. 28 Sept., 1850, s. 3, T. 9, p. 507. Proceeds of Sec. 3618. All proceeds of sales of old material, condemned stores, sales of materiaL supplies, or other public property of any kind, except the proceeds of the sale or leasing of marine hospitals, or of the sales of revenue- cutters, or of the sales of commissary stores to the officers and enlisted men of the Army, or of materials, stores, or supplies sold to officers and soldiers of the Army, or of the sale of condemned Navy clothing, or of sales of materials, stores, or supplies to any exploring or surveying ex- pedition authorized by law, shall be deposited and covered into the X • Treasury as miscellaneous receipts, on account of "proceeds of Gov- ernment property, " and shall not be withdrawn or applied, except in consequence of -a subsequent appropriation made bylaw. [See § 1541, Aug. 5, 1882, ante, and March 3, 1875, post. ] 3 May, 1872, s. 5, v. 17, p. 83. 3 March, 1847, 8. 1, v. 9, p. 171. 20 April, 1866, BS. 1, 2, v. 14, p. 40. 28 July, 1866, s. 25, v. 14, p. 336. 8 June, 1872, v. 17. p, 337. 22 June, 1874, v. 18, p. 200. 7I'eb.,1877, v. 19, p. 240. ■ Penalty for Sec. 3619. Every officer or agent who neglects or' refuses to comply with ho Idiilg-syith the provisions of section thiity-six hundred and seventeen shall money. ^^ subject to be removed from office, and to forfeit to the United States any share or part of the moneys withheld, to which he might other- wise be entitled. 18 July, 1866, s. 40, v. 14, p. 187. Title 41. Sec. 3672. A detailed statement of the proceeds of all sales of old ma- g, , 7 iterial, condemned stctres, supplies, or other public property of any kind process^o? sales except materials, stores, or supplies sold to officers and soldiers of the of old material. Army, or. to exploring or surveying expeditions authorized by law, shall be included in the appendix to the book of estimates. [See j 3692, appropriations.] 8 May, 1872, s. 5, v. 17. p. 83. 27 Feb., 1877, v. 19, p. 249. March 3, 1875. That the Secretary of the Navy is authorized to dispose of the use- DisDosition of^®^^ ordnance material on hand at public sale, according to law, the ordnance mate- ^^^ proceeds of which shall be turned into the Treasury ; and an amount rial. equal to the same is hereby appropriated, to be applied to the purpose of procuring a supply of material adapted in manufacture and calibre to the present wants of the service ; but there shall be expended, under this provision, not more than seventy-five thousand dollars in one year. 3 March, 1875, v. 18, p. 343. Notes. — The Secretary of the Kavy cannot exchange a condemned vessel for another. Disposition of former controlled by act of May 23, 1872. — Op. XTV 369, Feb. 18, 1874, 'Williams. For the mode in which sales of condemned property shall be conducted, 'whether by advertisement at public auction or otlierwise, no specific provision is made. In these respects the sales are left to the discretion of the officer having charge of such old material. The proceeds must be covered into the Treasury. The Bureau of Engraving and Printing cannot exchange old presses for new ones. — Op. X.Y, 320, 'William.'j, June 23, 1877. \ Inspection, condemnation and public sale, are necessary to a valid sale of ^ unsuitable military stores under the act of March 3, 1825. — C. C, v. 1, p. 85. STATUTES. 199 EEVISED STATUTES— STATUTES AT LARGE. GENERAL PROVISIONS. See. 1. Definitions. 2. County. 3. Vessel. Sec. 4. "Vehicle. 5. Compfiny, association. 6. Seal. Cbap, 1, Definitions. Be it enacted by the Senate ati,d House of Bepresentatlves of the United States Title «/ America in Congress assembled, In determining the meaning of the Revised Statutes, or of any act or resolution of Congress passed subse- quent to February twenty -fifth, eighteen hundred and seventy-one, words importing the singular number may extend and be applied to several persons or things; words importing the plural number may include the singular ; words importing the masculine gender may be applied to females; the words "insane person" and "lunatic" shall Include every idiot, non-compos, lunatic, and insane person ; the word " person " may extend and be applied to partnerships and corporations, and the reference to any officer shall include any person authorized by law to perform the duties of such office, unless the context shows that such words were intended to be used in a more limited sense ; and a requirement of an '■ oath" shall be deemed complied with by making affirmation in judicial form. 25 Feb., 1871, s. 2, v. 16, p. 431. 13 July, 1S66, s. 44, v. 14, p. 163. 30 Jane, 1864, ss. 82, 126, v. 13, pp. 258, 287. 20 Jnly, 1868, s- 104, v. 15, p. 166. Sec. 2. The word "county" includes a parish, or any other equiva- County, lent subdivision of a State or Territory of the United States. ' 13 July, 1866, 8. 9, v. 14, pp. 98, 110. Sec. 3. The word "vessel" includes every description of water-craft or other artificial contrivance used, or capable of being U8ed,'a8 a means of transportation on water. 18 July, 1866, s. 1, v. 14, p. 178. 29 June, 1870, s. 7, v. 16, p. 170. Sec. 4. The word " vehicle", includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. 18 July, 1866, s. 1, v. 14, p. 178. Sec. 5. The word "company" or " association," when used in refer- ciatira?*"^' ^™" once to a corporation, shall be deemed to embrace the words "suc- cessors and assigns of such company or association," in like manner as if these last-named words, or words of similar import, were expressed. 25 July, 1866, s. 9, v. 14, p. 241. Sec. 6. In all oases where a seal is necessary by law to any commis- Seal, sion, process, or other instrument provided for by the laws of Congress, it shall be lawful to affix the proper seal by making an impression therewith directly on the paper to which such seal is necessary ; which shall be as valid as if made on wax or other adhesive substance. 31 May, 1854, s. 2, v. 10, p. 297. FORM OF STATUTES AND EFFECT OF REPEALS. Vessel. Vehicle. Sec. Sec. 7. Enacting clause. 11. Title of appropnation acts, 8. Resolving clause. 12. Eepeal not to revive former act. 9. No enacting words after first section. 13. Bepeals not to affect liabilities, unless, &C; 10. Ifumhering and frameof sections. Sec. 7. The enacting clause of all acts of Congress hereafter enacted Title 1, Chap. 2. shall be in the following form : '.' Be it enacted by the Senate and House jjnactine clause of Representatives of the United States of America in Congress assem- bled." Sec. 8. The resolving clause of all joint resolutions shall be in the Eesolvingclanse. following form : " Resolved by the Senate and House of Representatives of the iJnited States of America in Congress assembled." 200 STATUTES. No enacting Sbc. 9. No enacting or resolving words shall be used in any section words after first ^f ^n act or resolution of Congress except in, the first. If umbering and Sbc. 10. Each section shall be numbered, and shall contain, as nearly - frame of sections, ag may be, a single proposition of enactment. 25 Feb., 1871, o. 1, .. 16, p. 431. Title of appro- Sec. 11. The style and title of all acts making appropriations for the priation acts. support of Government shall be as follows : "An act making appropria- tions (here insert the object) for the year ending June thirtieth (here insert the calendar year. ) 26 Ang., 1842, 8. 2, v. 5, p. 537. Eepe not to Sec. 12. Whenever an act is repealed, which repealed a former act, evive for m e r svioh former act shall not thereby be revived, unless it shall be expressly so provided. 25 Feb., 1871, o. 3, v. 16, p. 432. EepeaJs not to Sec. 13. The repeal of any statute shall not have the effect to release afleot habilitibs ^j. extinguish any penalty, forfeiture, or liability incurred under such un ess, c. statute, unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. Ibid, s. 4. Title 1». Sec. 1777. The various officers of the United States, to whom, in vir- p .. itue of their offices and for the uses thereof, copies of the United States copiesof Statutes Statutes at Large, published by Little, Brown and Company, have been atXarge. or may be distributed at the public expense, by authority of law-, shall preserve such copies, and deliver them to their successors respectively as a part of the property appertaining to the office. A printed copy of this section shall be inserted in each volume of the Statutes distributed to any such officers. 8 Aug., 1846, 8. 1, V. 9, p. 75. LIMITATIONS. Sec. 1043. Capital offenses. 1044. OfEenses not capital. 1045. Fleeing from justice. 1046. Crimes under the revenue laws. Sec. 1047. Penalties and forfeitures under laws of tbe United States. 1048. Parties beyond reach of process during the rebellion. Offens e s capital. Fleeing {ustice. TltIel3,Cbap,lU. Sec. 1043. No person shall be prosecuted, tried, or punished for trea Capital offenses ^°^ '^^ other capital offense, willful murder excepted, unless the indict ^ ' ment is found within three years next after such treason or capita offense is done or committed. 30 April, 1790, 8. 32, V. 1, p. 119. not Sec. 1044. No person shall be prosecuted, tried, or punished for any offense, not capital, except as provided in section one thousand and forty- six, unless the indictment is found, or the information is instituted within three years next after such offense shall have been committed ; but this act shall not have the effect to authorize the prosecution, trial, or pun- ishment for any offense, barred by the provisions of existing law. from Sec. 1045. Nothing in the two preceding sections shall extend to aay person fleeing from justice. Ibid. 30 April, 1876, v. 19, p. 32. Crimes under Sec. 1046. No person shall be prosecuted, tried, or punished for any therevennelawa. crime arising under the revenue laws, or the slave-trade laws of the United States, unless the indictment is found or the information is in- stituted within iive years next after the cominitting of such crime. 26 March, 1804, s. 3, v. 2, p. 290. 20 April, 1818, s. 9, v. 3, p. 452. Penalties and Sec. 1047. No suit or prosecution for any penalty or forfeiture, pccuni- fcrfeitures undOT ^ry or otherwise, accruing under the laws of the United States, shall be States. maintained, except in cases where it is otherwise specially provided, unless the same is commenced within five years from the time when the penalty or forfeiture accrued : Provided, That the person of the offender, or the property liable for such penalty or forfeiture, shall, within the STATUTES. 201 same period, be found within the United States; so that the proper process therefor may be instituted and served against such person or property. 28 Feb. 1839, s. 4, v. 5, p. 322, 20 April, 1818, b. 9, v. 3, p. 452. 2 March, 1799, s. 89, v. 1, p. 095. 3 March, 1863, s. 14, v. 12, p. 741. 26 March, 1804, 8. 3, V. 2, p. 290. 25Jnly, 1868, s. 1, v. 15, p. 183. Sec. 1048. In all cases where, during the late rebellion, any person Parties beyond could not, by reason of resistance to the execution of the laws of the St,riLfhi'™hT United States, or of the interruption of the ordinary course of judicial ?™e">»r»»6"- proceedings, be served with process for the commencement of any action, civil or criminal, which had accrued against him, the time during which such person was beyond the reach of legal process shall not be taken ae any part of the time limited by law f»r the commencement of such action. 11 Jane, 1864, ch. 118, v. 13, p. 123. EEPEAL PROVISIONS. Sec. 5595. What Bevised Statutes embrace. 5596. Kepeal of acts embraced in revision. 5597. Accmed rights reserved. 5598. Prosecutions and punishments. Sec. 5599. Acts of limitation. 5600. Arrangement and classification of sections. 5601. Acts passed since December 1, 1873, not af- fected. Title 74. Sbc. 5595. The foregoing seventy-three titles embrace the statutes of the United States general and permanent in their nature, in force on _-. _ — : — - the 1st day of December one thousand eight hundred and seventy- statutes em- three, as revised and consolidated by commissioners appointed under brace, an act of Congress, and the same shall be designated and cited, as The Revised Statutes of the United States. Sec. 5596. All acts of Congress passed prior to said first day of De- Eepeal of acta cember one thousand eight hundred and seventy-three, any portion of ®?il"^^«* ™ '''*- which is embraced in any section of said revision, are hereby repealed, ■^^"'°- and the section applicable thereto shall be in force in lieu thereof; all parts of such acts not contained in such revision, having been repealed or superseded by subsequent acts, or not being general and permanent in their nature : Provided, That the incorporation into said revision of any general and permanent provision, taken from an act making appro- priations, or from an act containing other provisions of a private, local, or temporary character, shall not repeal, or in any way affect any appro- priation, or any provision of a private, local, or temporary character, contained in any of said acts, but the same shall remain in force; and all acts of Congress passed prior to said last-named day no part of which are embraced in said revision, shall not be affected or changed by its enactment. Sec. 5597. The repeal of the severalacts embraced in said revision, Acoruedrights shall not affect any act done, or any right accruing or accrued, or any reserved, suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the_same manner, as if said repeal had not been made ; nor shall said repeal, in any manner affect the right to any office, or change the term or tenure thereof. Sec. 5598. All offenses committed, and all penalties or forfeitures in- Prosecution a curred under any statute embraced in said revision prior to said repeal, *"*. pinish- may be prosecuted and punished in the same manner and with the same ™*"*'" effect, as if said repeal had not been made. Sec. 5599 All acts of limitation, whether applicable to civil causes Acts of limita- and proceedings, or to the prosecution of offenses, or for the recovery t'""' of penalties or forfeitures, embraced in said revision and covered by said repeal, shall not be affected thereby, but all suits, proceedings or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted , within the same time as if said repeal had not been made. Sec. 5600. The arrangement and classification of the several sections Arrangement of the revision have been made for the purpose of a more convenient of secHons " and orderly arrangement of the same, and therefore no inference or presumption of a legislative construction is to be drawn by reason of the Title, under which any particular section is placed. Sec. 5601. The enactment of the said revision is not to affect or repeal . Acts pa s s e a any act of Cougress passed since the 1st day of December, one thousand J'"™- December eight hundred and seventy-three, and all acts passed since that date are e^, ' * to have full effect as if passed after the enactment of this revision, and 202 STATUTES. so far as sucli acts vary from, or conflict with any provision contained in said revision, they are to have effect as subsectuejit statutes, and as repealing any portion of the revision inconsistent therewith. 22Jnne,1874. PRINTING AND PROMULGATION OP LAWS. Titles. Sec. 204. Whenever a hill, order, resolution or vote of the Senate ■ _ . — —. — and House of Representatives, having been approved by the President, ■of laws."^ ^ *"" ^''* li3'"'^ing been returned by him with his objections, becomes a law or, takes effect, it shall forthwith be received by the Secretary of State from the President ; and whenever a bill, order, resolution, or vote is returned by the President with his objections, and, on being recou- ^ I sidered, is agreed to be passed, and is approved by two-thirds of both Houses of Congress, and thereby becomes a law or takes effect, it shall be received Ijy the Secrstary of State from the. President of the' Senate, or Speaker of the House of Representatives in whichsoever House it shall last have been so approved, and he shall carefully preserve the originals. 15 Sept, 1789, a. 2, t. 1, p. 68. 7 July, 1838, V. 5, p. 302. 28 Dec, 1874. oh. 9, v. 18, p. 294. 20 June, 1874. That the Secretary of State is hereby charged with the duty of Preparation of ''*'^8™g ^o ^^ prepared for printing, publication and distribution the Eevised Statutes revised statutes of the United States enacted at this present session of for printing, &c. Congress ; that he shall cause to be completed the head notes of the several titles and chapters and the marginal notes iveferring to the stat- utes from which each section was compiled and repealed by said revis- ion ; and references to the decisions of the courts of the United States explaining or expounding the same, and such decisions of State courts . as he may deem expedient, with a full and complete index to the same, by Secretarv'''of ■^°*.^^^° *^^ ^^™^ ^'^"'^^ ^^ completed, the said Secretary shall duly ^ State; prmted certify the same under the seal of the Department of State, and when copies to be evi- printed and promulgated as hereinafter provided, the printed volumes ^®^°« f . shall be legal evidence of the laws and treaties therein contained, in ion. " ™'^''' ^11 ^^"^ courts of the United States, and of the several States and Terri- tories. « 20 June, 1874, s. 2, v. 18, p. 113. 28 Dec., 1874, s. 1, v. 18, p. 283. in? ^to^^tSe'^D^*' •'^^^* ^^^ revision of the statutes of a general and permanent nature, triot. ^' with the index thereto, shall be printed in one volume, and shall be entitled and labeled " Revised Statutes of the United States"; and the revision of the statutes relating to the District of Columbia; to post roads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled " Revised Statutes relating to District of Columbia aiid Post-Roads. Public Treaties." 20 June, 1874, s. 3, v. 18, p. 113. typed ^,^g^*®™''' That the Secretary of State shall cause the two volumes to be stereo- Di8tilbution*yP^'^ ^^^ such number of each volume to be printed and substantially and sale. bound at the Government Printing Office as he may deem needful, for public distribution as hereinafter provided, and for sale by his office. Idem, s. 4. [The statutes of the United States are edited, printed, stereotyped and distributed, in accordance with law, under the direction of the Secret.ary of State. They are sold at the cost of the paper, press work and binding with ten per cent, added thereto, to any person applying for the same. Under section 8 of the act of Congress approved June 20, 1874, vol. 18, p. 113, the printed copies of the acts of Congress, as edited and printed and issued imder the direction' of the Secretary of State, are "legal ^ evidence of the laws and treaties therein contained, in all the courts of the United States and of the several States therein." The 6th section of the act of Congress approved June 20, 1874, pro- vides for the distribution to the Navy Department, including those for the use of the officers of the Navy, of one hundred copies of the pamphlet edition of the acts and resolves of Congress at the close of each session ; and the 7th section of the same act provides for distribution of the STATUTES. 203 bound copies of the Statutes at Large for each. Congress as follows : "To the Navy Department, including a copy for the library at the Naval Academy at Annapolis, a copy for the library of eaoli navy-yard in the United States, a copy for the library of the Brooklyn Naval Iiycemn, and a copy for the library of the Naval Institute at Charles- town, Mass., sixty-five copies." * * * Joint Resolution No. 32, approved May 22, 1878, v. 20, p. 251, provided for the distribution of the 2d edition of the Revised Statutes recently^ printed: To the "Navy Department, including three copies for the li- brary of the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the Brooklyn Naval Lyceum, and a copy for the library of the Naval Institute at Charlestown, Mass., seventy copies." Joint Resolution No. 44, approved June 7, 1880, V. 21, p. 308, provides for the publication, sale, and distribution of a " supplement to the Revised Statutes." This supplement is "to be taken to be prima facie evidence of the laws therein contained in all the courts of the United States and of the several States and Territories therein ; but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress ; Provided, That nothing herein contained shall be construed to change or alter any existing law." The acts approved. March 2, 1877, chap. 83,i s. 4, v. 19, p. 268, and March 9, 1878, chap. 26, v. 20, p. 27, provide that after the 2d edition of the Revised Statutes is certified to under the seal of the Secretary of State and when printed and promulgated " shall be legal evidence of the laws therein contained, in all the courts of the United States, and of the several States and Territories, but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three."] Notes. — Whenever a power is given by a statute everything necessary to the makingof it efiectoal or requisite to attain the end is implied. (1 Kent's Com., i 464.)— Quoted in Op. XV, p. 213. Where power is 'given by a statnte to public officers in permissive language, /as they ' ' may if deemed advisable " do a certain thing, the language used will be regarded as peremptory when the public interests or individual rights re- quire that it should be.— Wallace, S. C, XV, p. 709. Where a statute imposes a particular duty on an executive officer and he has acted (performing the duty to his understanding of the statute) there is no ap- peal from his action to the President or to any other executive officer, unless such appeal is provided for by law. — Op. XVI, 317, Bevens, May 2, 1879. When the intent and meaning of a statute is expressly declared by a provision therein, to carry out that intent all other parts of the act must yield. A proviso in an act "repugnant to the purview thereof is not void, but stands as the last ' expression of the legislative will." — Op; XV, p. 74. Quotes Farmers' Bank vs. Hale, 59, N. T., 53. A general repealing clause, such as is often introduced at the close of ei^ot- Tuents, may ma^e the legislative intent clearer, but it is not necessary to give effect to the legislation otherwise expressed. — C. C, XX, 323. Fisher's case. A later statute, in the affirmative and general, does not take away a former a«t which is particular and special. Sundry cases cited. — Op. VI, p. 45, Gushing. An earlier law is never to be taken as repealed by a later, without words to that effect, unless the.y be so inconsistent that bom cannot stand together. — Op. IX, p. 48, Black. The earlier is never abrogated by the later unless the two are so iiatly repugnant that they cannot possibly stand together. Any reasonable interpretation is to be adopted which may be necessary to pvevent one from interfering with the other. — IdeTn, p. 122, No statute, however positive iii terms, is to be construed as designed to in- terfere with existing rights of action or vested rights unless the intention that it should so operate is expressly declared or necessarily implied.— C. C, IX, p. 106, S. C, Wallace, XX, p. 179. A statute may not be repealed, yet its subject-matter may expire and the act becomeinoperative.— C. CT, m, 152, Wallace, 62. " In all statute law, the partindar provision, especially whenever subsequent, restrains and modifies the general.— Op. IV, p. 182. In construing statutes aid may be derived from attention to the state of things as it appeared to the legislature when the statute was enacted. — S. C, Otto, 99, p. 48. The principle is well settled that statutes are to be construed as operative prospectively only, unless their language clearly and imperatively demands that retrospective effect shall be given them.— Op. XV, p. 222, 259. A retroactive effect, especially when it would be a violation of contracts, is not to be given to the words of a statute unless they are too express to admit of any other inter- pretation.— Op. IV, p. 141. No effect can be given by the Judiciary to an act of Congress which seeks to declare retrospectively the legal effect to be given to other statutes.— C. 0., Vil, 109, Wallace, Vin, 330. Every law is presumed to be prospective in its operation unles the contrary clearly appears. — Op. XV, 183. i PA.RT IV MISCELLANEOUS. Bribes, presents, and contribntions. Soiinty and bounty land. Coast Survey. Collisions — Rules of the sea. Diplomatic and consular officers. Expatriation. ^ Extradition. Fish Commission. !Flags and standards. Eraud^ forgery, and theft. Guano islands. Habeas corpus. Homesteads. Importation. ' Life-Saving Service. Lights and buoys. Merchant vessels and service, and yachts. Murder, mutiny, &c. ^tTaturalization ; citizenship. Neutrality ; alien ehemies. Patents!. ■Pensions. Pension funds. Peijury. Piracy. Pilotage. Postal laws, &c. Priz^ and salvage. Quarantine and Board of Health. Bailroads and telegraphs. Reserved timber lands. Eevenne-Cutter Service. Slave and cooly trade ; kidnapping. Treason, conspiracy, insurrection, and rebellion. 205 BRIBES, CONTRIBUTIONS, PRESENTS, ETC. Sec. 1546. Contributions for political purposes. 1781. Prohibition on taking, &c., by Government officers. 1782. Taking compensation in matters to Trbich the United States is a party. 1784. Presents to superiors. 5450. Bribery of member of Congress. Sec. 5451. Bribery of G-ovemmont officers. 5498. Interest in claims, &o. 5500. Member of Congress accepting bribe, &c. 5501. TJniied States officer accepting bribe, &c. 5502. Forfeiture of office. . Soliciting and receiving contributions for political purposes. Sec. 1546. No officer or employ^ of the Government shall require or Title 15, Chap. «. request any workingman in any navy-yard to contribute or pay any „ t h t- money for political purposes, nor shall any workingman be removed or for political w' discharged for political opinion ; and any officer or employ<5 of the Gov- poses, erument who shall offend against the provisions of this section shall be dismissed from the service of the United States. [See acts Aug. 15, 1876, and Jan. 16, 18ri3, poefi \ 2 March, 1867, s. 3, v. 14, p. 492. / Sec. 1781. Every member of Congress or any officer pr agent of the Title !». Government who, directly or indirectly, takes, receives, or agrees to ""^ — , ., . . — i receive, any money, property, or other valuable consideration whatever, upon toktog con" from any person for procuring, or aiding to procure, any contract, sideration for office, or place, from the Government, or any Department thereof, or P™'>™™ff "on- from any officer of the United States, for any person whatever, or fortr»ot3.offloes,&c. giving any such contract, office, or place to any person whomsoever, and every person who, directly or indirectly, offers pr agrees to give, or gives, or bestows any money, property, or other valuable considera- tion whatever, for the procuring or aiding to procure any such con- tract, office, or place, and every member of Congress who,' directly or indirectly, takes, receives, or agrees to receive any money, property, or othervaluable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by ■• law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely nuU and void; and any member of Congress or officer con- victed of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States. 16 July, 1862, v. 12, p. 577. 25 Feb., 1863, v. 12, p. 696. Note. — Sections 1781 and 1782 make it illegal for an officer of the United States to have that sort of connection "with a Government contract which an agent, at- torney, or solicitor assumes when he procures or aids to procure such contract for another, and when he prosecutes for another against the Government any claim founded upon a Govemment'Contract. They forbid also, the receiving by officers, for such services, any compensation, including that of an interest in the contract.— Op. XIV, 483, Oct. 29, 1874, "Williams. Sec. 1782. No Senator, Representative, or Delegate, after his election Upon taking and during his continuance in office, and no head of a Department, or compensation in other officer or clerk in the employ of the Government, shall receive or S*^*^j^ J? y''*".^ agree to receive any compensation whatever, directly or indirectly, for a party. ^ any services rendered, or to be rendered, to any person, either by him- self or another, in relation to any proceeding, contract, claim, contro- versy,, charge, accusation, arrest, or other matter or thing in which the United States is a party, or directly or indirectly interested, before , any Department, court-martial, Bureau, officer, or any civil, military, or naval commission whatever. Every person offending against this sec- tion shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and fined not more than ten thousand dollars, 207 208 BRIBES, CONTRIBUTIONS, PRESENTS, ETC. and shall, moreover, by conviction therefor, be rendered forever there- after incapable of holding any office of honor, trust, or profit under the Government of the United States. [See sections 3739 to 3742, Part I, p. 29.] 11 June, 1864, v. 13, p. 123. Prohibiaon of Sec. 1784. No officer, clerk, or employ^ in the United States Gqvern- contributions, ment employ shall at anytime solicit contributions from other officers, ?upOT?or8. clerks, or employes in the Government service for a gift or present to those in a superior official position ; nor shall any such officials or cler- ical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves ; nor shall any officer or clerk make any dona- tion as a gift or present to any official superior. Every person who viplates this section shall be summarily discharged from the Govern- ment employ. IFeb., 1870, V. 16, p. 63. Title 70, Chap. 5, Sec. 5450. Every person who promises, offers, gives, or causes or pro- Briberv of''"'^®^ *° ^^ promised, offered or given, any money or other thing of member of Con- value, or makes or tenders any contract, undertaking, obligation , gratu- isreBs. ity, or security for the payment of money, or for the delivery or con- veyance of anything of value, to any member of either House of Con- gress, either before or after such member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House of Congress, or before any committee thereof, shall be fined not more 'than three times the amount of money or value of the thing so offered, promised, given, made or tendered, or caused or pro- cured to be so offered, promised, given, made, or tendered, and shall be, moreover, imprisoned not more than three years. 26 Feb., 1853, s. 6, V. 10, p. 171. Bribery of any Sec. 5451 . Every person who promises, offers, or gives, or causes or TJ n i 1 6 a States procures to be promised, offered, or given, any money or other thing of «ffioerB. value, or makes or tenders any contract, undertaking, obligation, gra- tuity, or security for the payment of money, or for the delivery or con- veyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Gov- ernment thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence bis decision or action on any question, matter, cause, or proceeding which may at any time be pend- ing, or which may by law be brought before him in his official capacity, or in his place of trust oi profit, or with intent to influence him to com- mit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be punished as prescribed in the preceding section. 13 July, 1866, s. 62, v. 14, p. 168. 18 July, 1866, 8. 35, v. 14, p. 186. 3 March, 1863, a. 6, v. 12, p. 740. Title 70, Chap. 0. Sec. 5498. Every officer of the United States, or person holding any Officers &o in- pl^''^ of trust or profit, or discharging any official function under, or in tereste'd in connection with, any Executive Department of the Government of the claims. United States, or under the Senate or House of Representatives of the United States, who acts as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise than in discharge of his proper official duties, aids or assists in the prosecution or support of any such claim, or receives any gra- tuity, or any share of or interest in any claim from any claimant against the United States, with intent to aid or assist, or in consideration of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both. 26 Feb., 1853, s. 2, v. 10, p. 170. - Member of Skc. 5500. Any member of either House of Congress who asks, accepts. Congress accept- or receives any money, or any promise, contract, undertaking, obliga- ing bribe, &o. ^j^^^ gratuity, or security for the payment of money, or for the delivery BRIBES, CONTRIBUTIONS, PRESENTS, ETC. 209-^ or CDHveyatitje of anything of value, either before or after he has been onnty-land8,&o than fourteen days, in any of the wars in which the. United States have been engaged since the year seventeen hundred and ninety, and prior to the third day of March, eighteen hundred and fifty-five, shall be en- titled to receive a warrant from the Department of the Interior, for one hundred and sixty acres of land ; and, where any person so entitled has, prior to the third day of March, eighteen hundred and fifty-five, received a warrant for any number of acres less than one hundred and sixty, he shall be allowed a warrant for such qnantity of land only as will make, in the whole, with what he may have received prior to that date, one hundred and sixty acres. | 3 March, 1855, as. 1, 3, v. 10, p. 701. Sec. 2426. The classes of persons embraced as beneficiaries under the Clasaea nnder preceding section, are as follows, namely:' last^seotion spec- First. Commissioned and non-commissioned officers, musicians, and privates, whether of the regulars, volunteers, rangers, or militia, who were regularly mustered into the service of the United States. 212 BOUNTY-LANDS — BOUNTY, ETC. Second. CommissioDed and non-commissioned officers, seamen, ordi- nary seamen, flotilla-men, marines, clerks, and landsmen in the Navy_. Third. Militia, volunteers, and State troops of any State or Terri- tory, called into military service, and regularly mustered therein, and whose services have been paid by the United States. Fourth. Wagon-masters and teamsters who have been employed un- der the direction of competent authority, in time of war, in the trans- portation of military stores and supplies. Fifth. Officers and soldiers of the revolutionary war, and marines, seamen, and other persons in, the naval service of the United States during that war. Sixth. Chaplains who served with the Army. Seventh. Volunteers who served with the armed forces of the United States in any of the wars mentioned, subject to military orders, whether regularly mustered into the service of the United States or not. 3 March, 1855, 8S. 1, 8, 10, v. 10, p. 701. 14 May, 1866, 83. 4, 5„v. 11, p. 8. What classes Sec. 2427. The following class of persons are included as benefloi- t'tf d^unaeT^sw' *"®^ under section twenty-four hundred and twenty -five, without re- tion2425,-!ritho^tgard to the length of service rendered. . regard to length First. Any of the classes of persons mentioned m section twenty-lour of service. hundred and twenty-six who have been actually engaged in any battle in any of the wars in which this country has been engaged since seven- teen hundred and ninety, and prior to March third, eighteen hundred and fifty-five. # * % * * I # k 3 March, 1865, ss. 3, 9, 11, v. 10, p. 702. ■Widows and Sec. 2428. In the event of the death of any person who would be en- children of per- titled to a warrant, as provided in section twenty-four hundred and derseotion 242"" twenty-five, leaving a widow, or, if no widow, a minor child, such i ' widow or such minor child shall receive a warrant for the same quan- tity of land that the decedent would be entitled to receive, if living on the third day of March, eighteen hundred and fifty-five. Hid., a. 2. Allowance o f Sec. 2433. When any company, battalion, or regiment, in an organ- time of service i2;g^ form, niarohed more than twenty miles to the place where they Iwme to pface S "^^^^ mustered into the service of the United States, or were discharjged muster or d i s - more than twenty miles from the place where such company, battalion, charge. or regiment was organized, in all such cases, in computing the length of service of the officers and soldiers of any such company, battalion, or regiment, there shall be allowed one day for every twenty miles from the place where the company, battalion, or regiment was organ- ized to the place where the same was mustered into the service of the United States, and one day for every twenty miles from the place where such company, battalion, or regiment was discharged, to the place where it was organized, and from whence it marched to enter the serv- ice, provided that such march was in obedience to the command or di- rection of the President, or some general officer of the United States, (!ommanding an army or department, or the chief executive officer of the State or Territory by which such company, battalion, or regiment was called into service. 14 May, 1856, s. 7, v. 11, p. 9. 22 March, 1852, s. 5, v. 10, p. 4. ^eserters not Sec. 2438. No person who has been in the military service of the ty-loDd "°™' United States shall, in any case, receive a bounty-laud warrant if it appears by the muster-rolls of his regiment or corps that he deserted or was dishonorably discharged from service. 28 Sept., 1860, s. 1, v. 9, p. 520. 3 March, 1855, s. 1, v. 10, p. 701. [A joint resolution approved August 10, 1848, vol. 9, page .^40, pro- vided that the officers, non-commissioned officers, privates and musi- cians of the Marine Corps, who served with the Army in the war with Mexico, should be placed, in all respects as to bounty-land and other remuneration, in addition to ordinary pay, on a footing with the offi- cer's, non-commissioned officers, privates, and musicians of the Army ; this remuneration to be in lieu of prize-money and all other extra al- lowances.] BOUNTY-LANDS BOUNTY, ETC. 213 Notes. — Tbeterm " aUo^^anoea, " when employed in a g,feneral sense, has been _ regarded as including bounty. Tbua, see XTII, 'Op. -197, -where it is held that the general forfeiture af pay and allowances due at the date of offense, imposed, upon deserters by paragraph 1358, Army Eogulationa, embraced instilments of bounty Que at the time of the desertion; also United States v. Landers, .2. Otto, 77, where the court goes so far as to hold that a forfeiture of "pay and allow- ances'' imposed by sentence, includes bounty.— Winthrop's Digest, p. 132. Service rendered since the 3d of March, 1855, includng the late rebellion, does not entitle to boilnty-landa. Only one warrant for one hundred and sixty acres can issue to a soldier for any and all service. ' "Wliere service has been rendered by a substitute, he is the person entitled to l)Ounty_land, an4 not his employer. Applications for bounty-lalnd warrants must be made to the Commissioner of Pensions; correspondence in relation to bounty in money should be ad- dressed to the Second Auditorof the Treasury.— Pension Office Decisions, p. 86. Officers and privates dismissed the service "without trial, and remanded to the service by the President, but who, not receiving the order of the President, did not retnm to the service, arc, notwithstanding, entitled to bounty-land.^ Pension Office Decisions, p. 131. , , "Where any portion of the Marine Corps in the several wars referred to in.the act of Sept. 28, 1850, was embodied with the Army in the field and performed service as a part of the Army, it is entitled to bounty-land. — Idem, p. 131. The word " service" in bounty-land acts refers to that of the soldier, not of i his company. Claim of a soldier can be valid t>nlj*on one of the following conditions : 1. Must have been regularly mustered mto the United States service. 2. That the services were paid for" by the United States. 3. That h© served with the armed forces of the United States,- subject to the military orders of a United States officer. — Idem, p. 139. The entire portion of the Marine Corps, whether they served on ship-board or land on the Mexican coast or in the interior, in the Mexican war, are to be considered within the true, meaning of the resolution of the 10th of August, 1848, as having "served with the Army in the war w?th Mexico," and entitled to the boiinty-land and otherremuneration which that resolution provides, But in awarding it to such as received prize-money, such money should, in the ac- count, be carried to the credit of the Government. ^Op. 5, p. 155, Sept. 17, 1849, Johnson. Under the act of March 3, 1855, and sections 2425 to, 2429 E. S., members of the Marine Corj)s and their representatives would be entitled to bounty-land- q without relinquishing or returning prize-money, &c. — Pension Office Decisions, p. 131. Not entitled to bounty-land for service in a United States ship not engaged in the Mexican war ; nor for service during the war in a war vessel on the coast , of Africa. — Idem, pp. 133, 141. # Pardon by the President for participation in the late rebellion does not au- thorize the allowance of bounty-land, the right to which is the subject of a claim against the Grovernment and is governedby the provisions of .the joint resolu- , tion of March 2, 1867.— Pension Office Decisions, p. 138. Sec. 4635. A bounty shall be paid by tbe United States for each per- Ttfle 54. son on board any ship or vessel of war belonging to ah enemy at the Bounty for per^ commencement of an engagement, which is sunik or otherwise destroyed sons on ^oar d in such engagement by any ship or vessel belonging to the Uniteff States vessels' sunk or- or which it may be necessary to destroy in consequence of injuries sus- destroyed, tained in action, of one hundred dollars, if the enemy's vessel was of inferior force, and of two hundred dollars, if of equal or superior force, ' to be divideid among the ofi&cers and crew in the same manner as prize- money; and when the actual number of men on board any such vessel cannot bo satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of its class in the Navy of the United States; and there shall be paid as bounty to the captors of any vessel ' of war captured from an enemy, which they may be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capfcure. ' 30 June, 1864, s. 11, V. 13, p. 310. ' , , / [As to bounty for the capture of vessels engaged in the slave trade with Afri cans on board, see under Slave Tkade.J [Section 4(542 provides that bounty accruing or awarded to any vessel, of the Navy shall be distributed and paid to the officers and men entitled thereto, in the same manner as prize-money, undpr the direction of the Secretary of the Navy, and section 4643 requires every assignment of bounty money due to en- listed persons in the navg,l service, and all powers of attorney or other authority, to draw, receipt for, or transfer the same, to be attested by the captain or other commanding officer, and the paymaster.] ' [By section 3689 of the Revised Statutes, "bounty to soldiers " is a permanent annual appropriation.] 214 BOUNTY-LANDS — BOUNTY, ETC. Title 57. Sbc. 4723. All colored persons who enlisted in the Array during the Colored sol- ^^^ "^ ^^^ rebellion, and who are now prohibitefl from receiving bounty diers enrolled as and pension on account of being borue on the rolls of their regiments "slaves." as "slaves," shall be placed on the same footing, as to bopnty and pen- sion, as though they had not been slaves at the date of their enlistment. 3 March, 1873, chap. 262, v. 17, p. 601. See Op. XV, p. 474. [The second section of the sundry civil act, approved March 3, 1879> v. 20, p. 377, provides that all sums due upon certificates issued by the accounting officers of the Treasury in settlement of claims for pay,bounty, prize-money, or other moneys due to colored soldiers, sailors, or marines, or their legal representatives, shall be paid by the officers of the Pay ' Department of the Army, under the direction of the Paymaster-General, who is already charged with the payment of like dues to white soldiers. ] Laws relating to lounty in Xavy and Marine Corps. 1 Jnly, 1864. That persons hereafter enlisted into the naval service or marine corps during the present war shall be entitled to receive the same bounty as if enlisted in the Army * ,* *- [Seejjost, 4 July, 1864.] : Jnly, 1864, o. 4, v. 13, p. 342. [The foregoing act repeals the joint resolution of February 24, 1864, confei-ring on seamen and ordinary seamen a bounty equal to three months pay on their en- listing in the INary.] 4 Jnly, 1864. Every volunteer who is accepted and mustered into the service tor a Bounty for en- term of one year, unless sooner discharged, shall receive, and be paid by li sting. the United States, a bounty of one hundred dollars ; and if for a term of two years, unless sooner discharged, a bounty of two hundred dollars ; and if for a term of three years, unless sooner discharged, a bounty of three hundred dollars; one-third of which bounty shall be paid to the ' soldier at the time of his being mustered into the service, one-third at the expiration of one-half of his term of service, and one-third at the expiration of his term of service. And in case of his death while in I , service, the residue of his bounty unpaid shall be paid to his widow, if he shall have left a widow; if not, to his children, or if there b^none, to his mother, if she be a widow. # # * ^^ * 7f # 4. July, 1864, s. 1, V. 13, p. 379. [An act, approved March 3, 1865, chap. 124, s. 5, v. 13, p. 539, provides that no person appointed or rated an officer or clerk in the Navy, shall receive any bounty ■while holding such appointment.] Notes.— April 22, 1872, chap. 114, v. 17, p. 55, authorizes $100 bounty to all vol- unteers who enlisted prior to July 22, 1861, for t/iree years, and were mustered into service before Aug. 6, 1861, if they were honorably discharged and had not re- vived the same for such service. Two and three years' men who enlisted between April 12, 1861, and Dec. 24, 1863, or between April 1, 1864, and July 18, 1864, are entitled to $100 bounty under act of .July 22, 1861, chap. 9, v. 12, p. 270, provided they served two years or more as enlisted men, or were honorably discharged as such on account of wounds received in line of duty before two years' service. If discharged before serving t\fo years, and died iefore July 28, 1866, of disease contracted in the serv- ice, his heirs are entitled to the additional bounty under act of Jnly 28, 1866, chap. 296, V. 14, p. 322. If a soldier died in the service, his heirs became entitled to any bounty to which the soldier would have been entitled under his contract. The act of J uly 28, 1866, gave an additional hounty of $100 to men who enlisted and served for three years from April 19, 1861, and $50 to those who enlisted and served for two years from April 14, 1861. Not given to any one if the soldier was entitled to receive, at any time, a greater bounty than $100 under any other act or acts. Drafted men, enrolled from March 3, 1863, to Sept. 5, 1864, for three years, or men who, from March 3, 1863, to Sept. 5, 1864, enlisted for three years as sub- stitutes for drafted men, are only entitled by act of March 3, 1863, to $100 bounty, if they served two years or more, or were discharged by reason of wounds re- ceived in line of duty before two years' service. Neither they nor their heirs are entitled to additional bounty under act of July 28, 1866. Tinder the act of July 4, 1864, v. 13, p. 379, if discharged "because of wounds received in the line of duty," th£ volunteer became entitled to the full amount of bounty theiein provided! but if discharged "because of services no longer required, " or by " close of war, " he has no claim for balance of bounty. All soldiers discharged by reason of wounds received in battle, or in line of duty, are entitled by acts of March 3, 1863, March 3, 1865, and joint resolution of April 12, 1866, to receive the same bounty they would have received had they served their full term of enlistment. The word wound is held to mean injury from violence received in line of duty. Bounty depends upon being discharged by reason of the ivound." COAST SURVEY. 215 No bounty is paid for enlistments made before April 12, 1861, nor for 1 00 days, or three,' six, and nine months' men i nor for one year's men enlisting prior to July^lS, 1864 i nor to volunteers who enlisted after April 30, 1865.^I"rom circular of Second Auditor, March 3, 1880. ' The same bounties (as to the duration of enlistments amounts a/nd modes of pay- ment) are to h& paid to "persons" of all grades who have, since the ls( of JvXy, 1864, enlisted, or who may thereafter enlist, into the Navy or Marine Corps of the United States. Enlisted men advanced after enlistment to any higher grade or rating, do not thereby forfeit their right to any f utiu'e instalment of bounty .—Fourth Auditor, Eules 1864. o J 1 , , Where a soldier was enlisted in the Army as a volunteer in December, 1861, for three years, but afterward, and before the expiration of his term of enlistment, was voluntarily transferred to the naval service, in which he served out the remainder of his term ; Held, That he is not entitled to the ad- ditional bountyprovided by the act of July 28, 1866, chap. 296.— Op. XIY, 223, April 23, 1873, Williams. where a soldier deserted, suhsecruently surrendered himself, wa^ restored to duty, and finally "honorably discharged," the fact of the mark of desertion standing against him, is no impediment to his receiving bounty. — Kelly's case. Supreme Court, 15 Wallace, p. 34. COAST SUEVEY. Sec. 4683. Mode of conducting surveys. 4684. Employment of officers of Army and Navy, 4685. Power to use books, &c., and to employ per- sons. 4686. Power to employ vessels. Sec. 4687. Manner of employment of of&cers of Army and Navy. 4688. Allowances for subsistence. 4691. Disposal of charts. . Same. Title 68. Sec. 4683. AJl appropriations made for tlie work of snrveying the coast of the United States shall be expended in accordance with the Mode of con- plan of reorganizing the mode of executing the survey which has been ducting surveys. submitted to the President by a board of officers organized under the act of March three, eighteen hundred and forty-three, chapter one hundred. 3 March, 1843, s. 1, v. 5, p. 640. Sec. 4684. The' President shall carry into effect the plan of the board, Employmentof as agreed upon by a majority of its members ; and shall cause to be em- ^jj^ w^™ Army ployed as many officers of the Army and Navy of the United States as will be compatible with the successful prosecution of the work ; the offi- cers of the Navy to be employed on the hydrographical parts, and the officers of the Army on the topographical parts of the work; and no officer of the Army or Navy shall receive any extra pay out of any ap- propriations for surveys. Ibid. Sec. 4685. The President is authorized, in executing the provisions , ^2^®^ *" of this Title, to use all maps, charts, books, instruments, and apparatus to" employ' belonging to the United States, and to direct Where the same shall be sons. deposited, and to employ all persons in the laud or naval service of the United States, and such astronomers and other persons, as he shall deem proper. 10 July, 1832, s. 2, v. 4, p. 571. Sec. 4686. The President is authoriztd, for any of the purposes of Power to em- surveying the coast of the United States, to cause to be employed such P'^y vessels. of the public vessels in actual service as he deems it expedient to em- ploy, and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title. 10 Eeb., 1807, s. 3, v. 2, p. 414. 14 April, 1818,'a. 1, v. 3, p. 42^. Sec. 4687. Officers of the Army and Navy shall, as far as practicable. Manner of em- be employed in the work of surveying the coast of the United States, ^e?s"f Amy or ■whenever and in the manner required by the Department having charge Navy. thereof. ' 17 June, 1844, s. 1, v. 5, pp. 681, 691. use and per- S EC. 4688. The Secretary of the Treasury may make such allowances Allowance to the officers and men of the Army and Navy, while employed on Coast subsistence. Survey service, for subsistence, iu addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treas- ury regulatiou of the eleventh day of May, eighteen hundred and forty- four. [See note to this section Part I, p. 70.] 12 June, 1858, s. 1, v. 11, pp. 319, 320. for ."216 COLLISIONS RULES OF THE SEA. I Disposal of Sec. 4691. The Secretary of the Treasury is authorized to dispose of imsKps-and charts, ^he maps and charts of the survey of the coast of the United States at such prices and under such regulations as may from time to time be fixed by him ; and a number of copies of each sheet, not to exceed three hundred, shall be distributed among foreign Governments, and Depart- ments of our own Government, and literary and scientific associations as may be designated by the Secretary of the Treasury. [See jjo««]. 3 June, 1844, v. 5, p. 660. 20 June, 1878. fhe charts published by the Coast Survey shall be sold at the office at Washington at the price of the printing and paper thereof, and else- where at the same price with the average cost of delivery added thereto ; and hereafter there shall be no free distribution of .such charts except to the Departments of the United States and to the several States and officers of the United States requiring them for public use in accord- ance with the act of June third, eighteen hundred and forty-four. [E. S., sec, 4691.] 20 June, 1878, v. 20, p. 206. 3 March, 1870. Senators, Representatives, and Delegates to the House of Representa- tives shall each be entitled to not more than ten charts published by the Coast Survey, for each regular session of Congress. 3 March, 1879, v. 20, p. 377. COLLISIONS— EULES OF THE SEA. Sec. I Sec. , 4233. Eules for preventing collisions. 4234. Forfeiture of sailing-vessels for omission of 1 lights. Title 48, Chap. 5. Sec. 4233. The following rules for preventing collisions on the water, Eules for pre- ^^^^^ ^^ followed in the navigation of vessels of the Navy and of the venting c o lli s- niercantile marine of the United States : Ions. STEAM AND SAIL VESSELS. Rule one. Every steam-vessel which is under sail, and not under steam, shall be considered a sail-vessel ; and every steam-vessel which . is under steam, whether under sail or not, shall be considered a steam- vessel. LIGHTS. Rule two. The lights mentioned in the following rules, and no others, shall be carried in all weathers, between sunset and sunrise. Rule three. All ocean-going steamers, and steamers carrying sail, shall, when under way, carry — (A) At the foremast head, a bright white light, of such a character as to be visible on a dark night, 'with a clear atmosphere, at a distance of at least five miles, and so constructed as to show a uniform and un- broken light over an arc of the horizon of twenty points of the com-, pass, and so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. (B) On the starboard side, a green light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the 8ta,rboard side. I (C) On the port side, a red light, of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles, and so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass, and so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The green and red lights shall be fitted with inboard screens, project- ing at least three feet forward from the lights, so as to prevent them from being seen across the bow. Rule four. Steam- vessels, when towing other vessels, shall carry two bright white mast-headlights vertically, in addition to their side-lights 80 as to distinguish thim ftom other steam-vessels. Each of these mast- COLLISIONS EULES OP THE SEA. 217 head lights ^hall be of the same character and construction as the mast- , head lights prescribed by Rule three. Rule five. All steam-vessels, other than ocean-going steamers and steamers caiTying sail, shall, when nnder way, carry on the starboard and ports sides lights of the same character and construction and in the same position as are prescribed for side-lights lay Rule three, except in the case provided ill Rule six. Rule six. River-steamers, navigating waters flowing into the Gulf of Mexico, and their tributaries, shall carry (he following lights, namely: One red light on the outboard side of the port smoke-pipe, and one green light on the outboard side of the starboard smoke-pipe. Such lights shall show both forward and abeam on their respective sides. Rule seven. All coasting steam-vessels, and steam-vessels other than ferry-boats and vessels otherwise expressly provided for, navigatingthe bays, lakes, rivers, or other inland waters of the United States, except those mentioned in Rule six, shall carry the red and green lights, as prescribed for ocean-going steamers ; and, in addition thereto, a cen- tral range of two white lights ; the after-light being carried at an ele- vation of at least fifteen feet above the light at the head of the vessel. The head-light shall be so constructed as to show a good light through twenty points of the compass, namely : from right ahead to two points abaft the*beam on either side of the vessel ; and the after-light so as to show all around the horizon. The lights for ferry-boats shall be regu- lated by anch rales' as the board of supervising ibspectors of steam- vesaels shall prescribe. Rule eight. Sail-vessels, under way or being towed, shall carry the same lights as steam-vessels under way, with the exception of the white mast-h6ad lights, which they shall never carry. Rule nine. Whenever, as in case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibi- tion, and shall, on the approach of or to other vessels, be exhibited on their respective sides iu sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and easy, they shall each be painted outside with the color of the light they respect- ively contain, and shall be provided with suitable screens. Rule ten. All vessels, whether steam-vessels or sail-vessels, when at anchor in roadsteads or fairways, shall, between sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding twenty feet abovethehuU, a white light in a globular Ian tern of eight inches in diameter, and so constructed as to show a clear, uniform, and unbroken light, visible all around the horizon, and at a distance of atleast one mile: Rule eleven. Sailing pilot-vessels shall not carry the lights required for other sailing-vessels, but shall carry a white light at the mast-head, visible all around the horizon, and shall also exhibit a flare-up light every fifteen minutes. Rule twelve. Coal-boats, trading-boats, produce-boats, canal-boats, oyster-boats, fishing-boats, rafts, or other water-craft, navigating any bay, harbor, or river, by hand-power,- horse-power, sail , or by the current of the river, or which shall be anchored or moored in or near the channel or fairway of any bay, harbor, or river, shall carry one or more good white lights, which shall be placed in such manner as shall be prescribed by the board of supervising inspectors of steam-vessels. Rule thirteen. Open boatfj shall not be required to carry the side- lights required for other vessels, but shall, if they do not carry such lights, carry a lantern having a green slide on one side and a red slide on the other side ; and, on the approach of or to other vessels, such lantern shall be exhibited in sufScieut time to prevent collision, and in such a manner that the green light shall not be seen on the port side, nor the red light on the starboard side. Open boats, when at anchor or stationary, shall exhibit a bright white light. They shall not, how- ever, be prevented from using a flare-up, in addition, if considered ex- pedient. Rule fourteen. The exhibition of any light on board of a vessel of war of the United States may be suspended whenever, in the opinion of the Secretary of the Navy, the coinmander-in-chief of a squadron, or the ' commander of a vessel acting singly, the special character of the service may require it. 218 COLLISIONS — EULES OF THE SEA. FOG-SIGNALS. Rule fifteen. Whenever there is a fog, or thick weather, whether by day or night, fog-signals shall be used as follows : (A) Steam- vessels under way shall sound a steam-whistle placed be- fore the funnel, not less than eight feet from the deck, at intervals of not more than one minute. (B) Sail-vessels under way shall sound a fog-horn at intervals of not more than five minutes. (C) Steam-vessels and sail-vessels, when not under way, shall sound a bell at intervals of not more than five minutes. (D)' Coal-boats, trading-boats, produce-boats, canal-boats, oyster- boats, fishing-boats, rafts, or other water-craft, navigating any bay, harbor, or river, by hand-power, horsepower, sail, or by the current of the river, or anchored or moored in or near the channel or fairway of any bay, harbor, or river, and not in any port, shall sound a fog-horn, or equivalent signal, which shall make a sound equal to a steam-whis- tle, at intervals of not more than two minutes. STEERING AND SAILING RULES. Eule sixteen. If two sail-vessels, are meeting end on, org nearly end on, so as to involve risk of collision, the helms of both shall be put to poi-t, so that each may pass on the port side of tlie other. Rule seventeen. When two sail-vessels are crossing $o as to involve risk of collision, then, if they have the wind on different sides, the ves- sel with the wind on the port side shall keep out of the way of the ves- sel with the wind on the starboard side, except in the case in which the vessel with the wind on the port side is close-hauled, and the other ves- sel free, in which case the latter vessel shall keep oat of the way. But if they have the wind on the same side, or if one of them has the wind aft, the vessel which is to windward shall keep out of the way of the vessel which is to leeward. Eule eighteen. If two vessels under steam are meeting end on, or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. Rule nineteen. If two vessels under steam are crossing so as to involve risk of collision, the vessel which has the other on her own starboard side shall keep out of the way of the other. Rule twenty. If two vessels, one of which is a sail-vessel and Jhe other a steam-vessel, are proceeding in such directions as to involve risk of collision, the steam-vessel shall keep out of the way of the sail- vessel, Eule twenty-one. Every steam-vessel, when approaching another ves- sel, so as to involve risk of collision, shall slacken her speed, or, if nec- essary, stop and reverse ; and every steam-vessel shall, when in a fog, go at a moderate speed. Eule twenty-two. Every vessel overtaking any. other vessel shall keep out of the way of the last-mentioned vessel. Eule twenty-three. Where, by Eules seventeen, nineteen, twenty, and twenty-two, one of two vessels shall keep out of the way, the other shall keep her course, subject to the qualifications of Eule twenty- four. Eule twenty-four. In construing and obeying these rules, due regard must be had to all dangers of navigation, and to any special circum- stances which may exist in any particular case rendering a departure from them necessary in order to avoid imme(}iate danger. 29 April, 1864, oh. 69, v. 13, p. 58. INOTE. — "Where the fault is wholly on one side, the party in fault must bear his own loss, and compensate the other party, if such party have sustained any damage. If neither be in fault, neither is entitled to compensation from the other. If both are infault, the damages will be divided. — Otto, S. C, 102, p. 203" See page 100, part I, as to reports of collisions. Forfeiture of Sbc. 4334. Collectors, or other chief officers of the customs, shall re- sailing-yes s e 1 B quire all sail-veasels to be furnished with proper signal-lights, and every Ught8™^°'°° " such vessel shall, on the approach of any steam-yessel during the night- time, show a lighted torch upon that point or quarter to which such steam-vessel shall be approaching. Every such vessel that shall be navigated without complying with the provisions of this and the pre- ceding section, shall be liable to a penalty of two hundred dollars, one- ' half to go to the informer ; for which sum the vessel so navigated shall be liable, and may be seized and proceeded against by way of libel, in any district court of the United States having jurisdiction of the ofi'ense. 28 Feb., !871, '.TO, v. 16, p. 450. DIPXiOMATIC AND CONSULAR OFFICERS. 219 DIP|jOMATIO and consul A.E OFFICERS. See also Merchant Vessels aud Service. Seo. 1433. Navy officers temporarily exeroiaing con- I aular powers. 1440. Accepting appointments vacates Navy com- mission. 1674. Official designations, consular and diplo- matic service. 1707. 'Protests. 1708. Lists and returns of seamen, vessels, &c. Sec. 1709. Estates of decedents. 1710. Notification of death. 1711. Decedent's directions to be followed. 1737. False certificate of property. 17B8. When consular officers may perform diplo- matic functions. 1750. Depositions. 1751. Certain correspondence prohibited. Sec. 1433. The commanding, officer of any fleet, squadron, or vessel Title 15, Chap. 2. acting singly, when upon the high seas or in any foreign port where ~~^ ; there is no resident consul of the United States, shall be authorized to ers.""™ ' ^°^' exercise all the powers of a consul in relation to mariners of the United States. 20 Feb., 1845, s. 2, v. 5, p. 725. Sec. 1440. If any officer of the Navy accepts or holds an appointment Accepting ap- in the diplomatic or consular service of the Governmenr, he shall he Pp™t™ ^ its in considered as having resigned his place in the Navy, and it shall be ?iplomatio serv- fiUed as a vacancy. ' ^''^' 30 March, 1868, s. 2, v. 15, p. 58. Sec. 1674. The official designations employed throughout this Title Title 18, Chap. I. shall be deemed to have the following meanings, respectively : . — First. "Consul-general," " consuV' and "commercial agent," shall offioMdesigna be deemed to denote full, principal, and permanent consular officers, as tions employed in distinguished from subordinates and substitutes. this title. Second. "Deputy consul" and "consular agent" shall be deemed to denote consular officers subordinate to such principals, exercising the powers and performing the duties within the limits of their consulates or commercial agencies respectively, the former at the same ports or places, and the latter at ports or places different from those at which such principals are located respectively. Third. "Vice-consuls," and "vice commercial agents," shall be deemed to denote consular officers, who shall be substituted, temporarily, to fill the places of consuls-general, consuls, or commercial agents, when they shall be temporarily absent or relieved from duty. Fourth. " Consular officer " shall be deemed to include consuls-gen- eral, consuls, commeroi'al agents, deputy consuls, vice-consuls, vice- commercial agents, and consular agents, and none others. Fifth. ' ' Diplomatic officer " shall be deemed to include ambassadors, envoys extraordinary, ministers plenipotentiary, ministers resident, commissioners, charges d'affaires, agents, and, secretaries of legation, and none others. 18 Ang, 1856, 8. 1, V. 11, p. 64. 20 June, 1864, s. 1, v. 13, p. 138. 25 July, 1866, v. 14, p. 225, [By section 4130 R. S. as amended, the word "minister" is understood to mean the person invested with, and exercising the principal diplo- matic functions. The word "consul" is understood to mean any per- son invested by the United States with, and exercising the functions of Consul-Genaral, Vice-Consul:6eueral, Consul or Vice-Consul. ] Sec. 1707. Consuls and vice-consuls shall have the right, in the ports Title 18, Chap, 2 or places to which they are severally appointed, of receiving the pro- ~^ — : — : ' tests or declarations which captains, masters, crews, passengers, or mer- ™t6st8. chants, who are citizens of the United States, may respectively choose to make there ; and also such as any foreigner may choose to malie be- fore them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by consuls or vice-con- suls, under the seal of their consulates, respectively, shall be received in evidence equally with their originals in all courts in the United States. 14 April, 1702, a. 2, v. 1, p. 255. Sec. 1708. Every consular officer shall keep a detailed list of all sea- Lists and re- men and mariners shipped and discharged by him, specifying their tarns of seamen, names and the names of the vessels on which, they are shipped and from 7^'^®. '■ "■ '220 DIPLOMATIC AND CONSULAR OFFICJiRS. which they are discharged, and the payments, if any, made on account of each so discharged ; also of the number of the vessels arrived and de- parted, the amounts of their registered tonnage, and the number of their seamen and mariners, and of those who are protected, and whether citizens of the United States or not, and as nearly as possible the ua- ' ture and value of their cargoes, and where produced, and shall make returns of the same, with their accounts and other returns, to the Sec- retary of the Treasury. [See 5 5 4561, 4580, under Mekchant Service.] 18 Ang., 1856, s. 27, t. 11, p. 62. Estates of de- guc. 1709. It shall be the duty of consuls and vice-consuls, where cedents. the laws of the country permit : First. To take possession of the personal estate left by any citizen of the United States, other than seamen belonging to any vessel, who shall die within their consulate, leaving there no legal representative, partner in trade, or trustee by him appointed to take care of his effects. Sepond. To inventory the same with the assistance of two merchants of the United States, or, for want of them, of any others at their choice. Third. To collect the dehtS due the deceased in the country where he died, and pay the debts due from his estate which he shall have there contracted. Fourth. To sell at auction, after reasonable public notice, such part of the estate as shall be of a perishable nature, and such further part, if any, as shall- be necessary,, for the payment of his debts, and, at the expiration of one year from his decease, the residue.- Fifth. To transmit the balance of the estate to the Treasury of the United States, to be holden in trust for the legal claimant ; except that if at any time before such transmission the legal representative of the deceased shall appear and demand his effects in their hands they shall deliver them up, being paid their fees, and shall cease their proceedings. 14 April, 1792, 8. 2, T. 1, p. 255. Ifotiflcation of gEC. 1710. For the information of the representative of the deceased, the consul or vice-consul, in the settlement of his estate, shall immpdi- ately notify his death in one of the gazettes published in the consulate, and also to the Secretary of State, that the same may be notified in the State to which the deceased belonged; and he shall, as soon as may be, transmit to the Secretary of State an inventory of the effects of the de- ceased, taken as before directed. Idem. Decedent's di- Sec. 17ll. When any citizen of the United States, dying abroad, rections to be fol- leaves, by any lawful testamentary disposition, special directions for lowed. j.jjg custody and management, by the consular officer of the port or place where he dies, of the personal propej'ty of which he dies pos- sessed in such country, such officer shall, so far as the laws of the coun- try permit, strictly observe such directions. When any such citizen so dying, appoints, by any lawful testamentary disposition, any other person than such officer to take charge of and manage such property, it shall be the duty of the officer, whenever required by the person so ap- pointed, to give his official aid in whatever way may be necessary to facilitate the proceedings of such person in the lawful execution of his trust, and, so far as the laws of the country permit, to protect the property of the deceased from any interference of the local authorities of the country where such citizen dies ; and to this end it shall be the duty of such consular officer to place his official seal upon all of the personal property or effects of thp deceased, and to break and remove such seal as may be required by such person, and not otherwise. 18 Aug., 1856, 8. 28, v. 11, p. 63. ' T""^^? certifl- Sec. 1737. If any consul, vice-consul, commercial agent, or vice-com- cate of property, mercial agent falsely and knowingly certifies that property belonging to foreigners is property belonging to citizens of the United States, he shall be punishable by imprisonment for not more than three years and by a fine of not more than ten thousand dollars. 28 Feb., 1808, s. 7, v. 2, p. 204. "Whenoonsular Sec. 1738. No consular officer shall exercise diplomatic functions, or Dffloers may per- Ijq]^ ^ny diplomatic correspondence or relation on the part of the Uni- tootioS. ted States, in, with, or to the Government or country to which he isap- DIPLOMATIC AND CONSULAR OFFICERS. 221 pointed, or any other country or Government, when there is in such country any officer of the United States authorized to perform diplo- matic functions therein ; nor in any case, unless expressly authorized by the President so to do. [See J 5335, under Treason. ] 18 Aug., 1856, s. 12, v. 11, p. 56. Sec. 1750. Every Secretary of legation and consular officer is hereby Title 18, Chap. 3. authorized, whenever he is required or deenis it necessary or proper so jj .„ to do, at the post, port, place, or within the limits of his legation, con- ^ sulate, or commercial agency, to administer to or take from any person an oath, affirmation, affidavit, or deposition, and to perform any nota-. rial act which any notary public is required or authorized bylaw to do ' .within the United States. Every such oath, affirmation, affidavit, de- position, and notarial act administered, sworn, affirmed, taken, had, or doiie, by or before any such pffioer, when certified under his hand and seal of office, shall be as valid, and of like force and effect within the < United States, to all intents and purposes, as if administered, sworn, ; affirmed, taken, had, or done, by or before any other person within the United States duly authorized and competent thereto. If any person . Penalty forper- shall willfully and corruptly commit perjury, or by auj^ means procure Jj^^^^ '" such any person to commit perjury in any such oath, affirmation, affidavit, or deposition, within the intent and meaning of any act of Congress now or hereafter made, such offender may be charged, proceeded against, tried, convicted, and dealt with in any district of the United States, in the same manner, in all respects, as if such offense had been committed in the United States, before any officer duly authorized therein to ad- minister or take such oath, affirmation, affidavit, or deposition, and shall be subject to the same punishment; and disability therefor as are or shall be prescribed by any such act for such offense; and any document pur- Evidence of porting to have affixed, impressed, or subscribed thereto or thereon the taking tlie oath, seal and signature of the officer administering or taking the same in testimony thereof, shall be admitted in evidence without proof of any such seal or signature being genuine or of the official character of suciti person; and if any person shall forge any such seal or signature, or Penalty for shall tender in evidence any such document with a false or counterfeit ^°^P°f ath'^*^* seal or signature thereto, knowing the same to be false or counterfeit, he shall be deemed and taken to be guilty of a misdemeanor, and on con- viction shall be imprisoned not exceeding three years nor less than one year, and fined in a sum not to exceed three thousand dollars, and may be charged, proceeded against, tried, convicted, and dealt with, there- for, in tne district where he may be arrested or in custody. [See 55 5392,5393, Perjury.] 18 Aug., 1858, a. 24, v. 11, p. 61. Sec. 1751. No diplomatic or consular officer shall correspond in re- Certain oorre- gard to the public affairs of any foreign Government with any private ^fr "proiibite* person,newspaper, or otherperlodical, or otherwise than with the proper officers of the United , States, nor recommend any person, at home or abroad, for any employment of trust or profit under the Government of the country in which he is located ; nor ask nor accept, for himself or any other person, any present, emolument, pecuniary favor, office, or title of any kind, from any such Government. [See June 17, 1874, post. ] Ibicl.,&. 19, p. 59. Nor shall any diplomatic or consular officer correspond in regard to Jnne 17, 1874. the public affairs of any foreign Government with any private person, certain corre- newspaper, or other periodical, or otherwise than with the proper offi- gpondenoe for cers of the United States ; nor, without the consent of the Secretary of bidden. State previously obtained, rfecommend any person at home or' abroad . Not to reoom- f9r any employment or trust Or profit under the Government of the ^Xym"n? ^o r country in which he is located ; nor ask or accept for Jiimself or any accept titles or other person, any present, emolument, pecuniary favor, office, or title presents. of any kind from any such Government. 17 June, 1874., v. 18, p. 77. 222 EXPATRIATION — EXTRADITION. EXPATEIATION. Sec. 1999. Eight of expatriation declared. 2000. Protection of naturalized citizens in foreign countries: Sec. 2001. Kelease of citizens imprisoned bj foreign governments. ^ Title 25. Sec. 1999. Whereas the right of expatriation is a natural and inher- Eieht of expa- ^°* right of all people, indispensable to the enjoyment of the rights of triation declared! life, liberty, and the pursuit of happiness ; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed : Therefore any declaration, instruction, opinion, order, or decision of any officer of the United States which denies, restricts, impairs, or questions the right of expatriation, is declared inconsistent with the fundamental principles of the Republic. 27 July, 1868, s. 1, v. 15, p. 223. Protection to Sbc. 2000. All naturalized citizens of the United States, while in for- naturalized citi- eign countries; are entitled to and shall receive from this Government states'" '"'^'sn the same protection of persons and property which is accorded to native- born citizens. Ibid., s. 2, p. 224. Release of citi- Sec. 2001. Whenever it is made known to the President that any citi- bv° VrSToT ^^^ °^ *^® United States has been unjustly deprived of his liberty by or emments to be ^ider the authority of any foreign government, it shall be the duty of demanded. the President forthwith to demand of that government the reasons of such imprisonment ; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith de- maud the release of such citizen, and if the release so demanded is un- reasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may thiuk necessary and proper to obtain or effectuate the release ; and all the facts and proceedings rela- tive thereto shall as soon as practicable be communicated by the Presi- dent to Congress. J6id.,8. 3,p. 224. EXTEADITIOlsr. Sec. 5270. Fugitives from tbe justice of a foreign country. 5271. Evidence on tbe hearing. 5272. Surrender of the fugitive. 5273. Time allowed for extradition. 5274. Continuance of provisions limited. 5275. Protection of the accused. 6276. Powers of agent receiving ofTenders deliv- ered by a foreign government. Sec. 5277. Penalty for opposing agent, &o. 5278. fugitives from justice of a State or Terri- tory. 5279. Penalty for resisting agent, &c. 5280. Arrest of deserting seamen from foreign ves- sels. 5409. Allowing prisoners to escape. 5410. Application of preceding section. f'*'* "*'• Sbc. 5270. Whenever there is a treaty or convention for extradition Fugitives from ^^*'^'®®'^ *1\^ Government of the United States and any foreign govem- the justice of ament, any justice of the Supreme Court, circuit judge, district judge, foreign country, coibmissiouer, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having com- mitted within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evi- dence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the pro- visions of the proper treaty or convention, he shall certify the same together with a copy of all the testimony taken before him, to the Sec- retary of State, that a warrant may issue upon the requisition of the i EXTRADITION. 223 proper authorities of sucli foreign government, for the surrender of sucli person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall he made. 12 Aug., 1848, s. 1, V. 9, p. 302.. Sec. 5271. In every case of complaint and of a hearing upon the re- Evidence on the turn of the warrant of arrest, any depositions, warrants, or other papers "^^^ing. offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants, or other papers, shall, if autheii,ticated according to the law of such foreign country, be in like manner received as evi- dence ; and the certificate of the principal diplomatic or consular offi- cer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is au- thenticated in the manner required by this section. 12 Aug., 1848, B. 2, v. 9, p. 302. 22 June, 1860, v. 12, p.Bi. 19 June, 1876, v. 19, p. 69. Sec. 5272. It shall be lawful for the Secretary of State, under his Surrenderofthe hand and seal of oflce, to order the person so committed to be delivered iigit>ve. to such person as shall be authorized, in the name and en behalf of such foreign government, to be tried for the crime of which such person shall be so accused, and such person shall be delivered up accordingly ; and it shall be lawful for the person so authorized to hold such person in custody, and to take him to the territory of such foreign government, pursuant to such treaty. If the person so accused shall escape out of any custody to which he shall be committed, or to which he shall be delivered, it shall be lawful to retake such person in the same manner as any person accused of any crime against the laws in force in that part of the United States to which he shall so escape, may be retaken on an escape, [See $5 5409, 5410.] 12 Aug., 1848, s. 3, v. 9, p. 302. Sec. 5273. Whenever anyperson who is committed under this title or Time allowed any treaty, to remain until delivered up in pursuance of a requisition, *<"^ extradition, is not so delivered up and convej'ed out of the United States within two calendar months after such commitment, over and above the time actually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, it shall be lawful for any judge of the United States, or of any State, upon appli- cation made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, to order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. Idem, B. 4. Sec. 5274. The provisions of this Title relating to the surrender of Continuance of persons who have committed crimes in foreign countries shall continue prmdBiona 1 1 m - in force during the existence of any treaty of extradition with any for- ' ® " eign Government, and no longer. Idem, a. 5. Sec. 5275. Whenever anjr person is delivered by any foreign Govern- Protection of ment to an agent of the United States, for the purpose of being brought *^^ accused, within the United States and tried for any crime of which he is dul§ accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or oflfenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keep- ing and protection of the accused. 3 March, 1809, 8. 1, v. 15 p. 337. 224 , EXTRADITION. Powers of agent Sec. 5276. Any person duly appointed as agent 4o receive, in behalf receiving offend- pf tj^g United States, the delivery, by a foreign Government, of any per- afortienGo-vem^ son accused of crime committed within the jurisdiction of the United ment. States, and to convey him to the place of his trial, shall have all the powers of a marshal of the United States, in the several districts through which it may be necessary for him to pass with such prisoner, so far as such power is requisite for the prisoner's safe-keeping. Idem, 0. 2. i Penalty for op- Sec. 5277. Every person who knowingly and willfully obstructs, re- posing agent, &c. gista, or opposes such agent in the execution of his duties, or who res- cues or attempts to rescue such prisoner, -whether in the custody of the agent or of any officer or persou to whom his custody has lawfully been committed, shall be punishable by a fine of not more than one thou- sand dollars, and by imprisonment for not more than one year. Xdetn, 9. 3. Fn^itivesfrom Sec. 5278. Whenever the executive authority of any State or Terri- jnstioe of a State ^j.j demands any person as a fugitive from justice, of the executive au- or Territory. thority of any State or Territory to which such person has fled, and pro- duces a copy of an indictment found or an affidavit made before a mag- istrate of any State or Territory, charging the person demanded -with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, it shall be the duty of the executive au- thority of the State or Territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within six months from^he time of the arrest, the pris- oner may be discharged. All costs or expenses incurred in the appre- I . bending, securing, and transmitting such fugitive to the State or Ter- ritory making such demand, shall be paid by such State or Territory. 12 Feb., 1793, s. 1, v. 1, p. 302. Penalty for re- Sec. 5279. Any agent so appointed who receives the fugitive into his sisting agent, &o. custody, shall be empowered to transport him to the State or Territory , from which he has fled. And every person -who, by force, sets at liberty or rescues the fugitive from such agent while so transporting him, shall be fined not more than five hundred dollars or imprisoned not more than one year. [See § 5409.] Idem, s. 2. Arrest of desert- Sec. 5280. On application of a consul or vice-consul of any foreign ing seamen from government having a treaty with the United States stipulating for the foreign -pessels. restoration of seamen deserting, made in -n'riting, stating that the per- son therein named has desej'tea from a vessel of any such government, while in any port of the United States, and on proof by the exhibition of the register of the vessel, ship's roll, or other oflieial document, that the person named belonged, at the time of desertion, to the crew of such vessel, it shall be the duty of any court, judge, commissioner of any cir- cuit court, justice, or other magistrate, having competent power, to issue warrants to cause such person to be arrested for examination. If, on examination, the facts stated are found to be true, the person arrested not being a citizen of the United States, shall be delivered up to the. consul or vice-consul, to be sent back to the dominions of any such gov- ernment, or, on the request and at the expense of the consul or vice- consul, shall be detained until the consul or vice-consul finds an oppor- tunity to send him back to the dominions of any such government. No person so arrested shall be detained more than two months after his arrest; but at the end of that time shall be set at liberty, and shall not be again molested for the same cause. If any such deserter shall be found to have committed any crime or offense, his surrender may be delayed until the tribunal before which the case shall be depending, or may be cognizable, shall have pronounced its sentence, and such sen- tence shall have been carried into effect. 2 March, 1829, oh. 41, v. 4, p. 359. 24 Feb., 1855, oh. 123, v. 10, p. 614. FISH COMMISSIONEE — FLAGS AND STANDARDS. 225 Sec. 5409. Whenever anymarahal, deputy marshal, ministerial ofSoer, Title 70, Chap. 4. or other person, has in his custody any prisoner by virtue of process aUowIdk nrls- issued under the laws of the United States by any court judge, or com- onera to escape.' missioner, and such marshal, deputy marshal, ministerial officer, or other person, voluntarily suffers such prisoner to escape, he shall be fined not more than two thousand dollars, or imprisoned for a term not more than two years, or both. 21 June, 1860, v. 12, p. 69. Sec. 5410. The preceding section shall be construed to apply not only Application of to cases in which the prisoner who escaped was charged or iound guilty preceding s e c - of an offense against the laws of the United States, but also to cases in *"'°' which a prisoner may be in custody charged with offenses agaipst any foreign government with which the United States have treaties of ex- tradition. Ibid. FISH COMMISSIONER. Sec. 4395. Appointment of Commissioner of F Fisheries. 4396. Duties of Commissioner. Sec. 4397. Executive Department to aid investigation. 4398. Powers of Commissioner. Title 51. Sec. 4395. There shall be appointed by the President, with the advice and consent of the Senate, from among the civil ofiScers or employes of "7 TT ~. the Government, a Commissioner of Fish and Fisheries, who shall be a c„P^i° i™™^ of person of proved scieutiiic and practical acquaintance with the fishes Ksli and Fisher- of the coast, and who shall serve without additional salary. ies. 9 Feb., 1871, o. 1, v. 16, p. 694. Sec. 4396. The CommissionerofFish and Fisheries shall prosecute in- Duties of the vestigations and inquiries on the subject, with the view of ascertaining Commissioner, whether any and what diminution in the number of the food-fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due ; and also whether any and what pro- tective, prohibitory, or precautionary measures should be adopted in the premises ; and shall report upon the same to Congress. lUd., s. 2. Sec. 4397. The heads of the several Executive Departments shall Executive De- cause to be rendered aU necessary and practicable aid to the Commis- SfveSi'eation»°' sioner in the prosecution of his investigations and inquiries. Ibid., 8. 3. Sec. 4398. The Commissioner may take or cause to be taken at all Powers of Corn- times, in the waters of the sea-coast of the United States, where the missioner. tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be need- ful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding. Ibid., .s. 4. FLAGS AND STANDARDS. Sec. 428. Captured flags. 1654. Captured flags. 15J5. Display of captured flags. Sec. 1791. The flag to be 13 stripes and 37 stars. 1792. A star to be added fur every new State. Title 10. Captured flags. Sec. 428. The Secretary of the Navy shall fron) time to time cause to be collected and transmitted to him, at the seat of Government, all flags, ' standards, and colors taken by the Navy from the enemies of the Uni- ted States. 18 April, 1814, a. l,v. 3, p. 133. Sec. 1554. The Secretary of the Navy shall cause to be collected and Tltlel5,0hap.7. transmitted to him, at the seat of Government of the United States, captured flags all such flags, standards, and colors as shall have been or may hereaf- ter be taken by the Navy from enemies. 18 April, 1814, s. 1, v,3, p. 133. 11181-^15 226 FRAUD, P0E6EET, THEFT, ETC. Preser^atioiiof Sec. 1555. All flags, standards, and colors of tie description men- public tioned in the foregoing section, which are now in the possession of the ^ Navy Department, or may hereafter be transmitted to it, shall be de- livered to the President, for the purpose of being, under his direction, preserved and displayed in such public place as he may deem proper. Idem. Title 20. Sec. 1791. The flag of the United States shall be thirteen horizontal stripes, alternate red and white ; and the union of the flag shall be IS^strip'ls^aM 3? thirty-seven stars, wiiite in a blue field. stars. 13 Jan., 1794, v. 1, p. 314. i April, 1818, 8. 1, V. 3, p. 415. A star to he Sec. 1792. On the admission of a new State into the Union one star added for bvery shall be added to the union of the flag ; and such addition shall take new State. effect on the fourth day of July then next succeeding such admission. 4 April, 1818, a. 2, V. 3, p. 415. FEAUD, FORGERY, THEFT, &c. Sec. 183. Clerks InTestigating frauds may administer oath. 5394. Stealing process. Sec. 5418. Forging, &c., bid, public record, &c. 5421. Forging deed, power of attorney, &c. 5422, Having forged papers in possession. 5435. False personation. 5436. False demand on fraudulent power of attor- ney. Tide 4. 5438. Making or presenting false claims. 5459. Embezzling arms, stores, &g. 5440. All parties to a conspiracy equally guilt.v. 5441. Belaying or defrauding captor or claimant, fkc, of prize-property. 5456. EobbOTy or larceny of personal property of the United States. 5479. Counterfeiting or forging bids, bonds, &c. - — Larcenies and stolen goods. Sbc. 183. Any ofi&cer or clerk of any of the Departments lawfully de- T 77 tailed to investigate frauds or attempts todefraud on the Government, ininisterTd Iw rf- "^ ^^J irregularity or misconduct of any officer or agent of the United fleers, &c. States, shall have authority to administer an oath to any witness at- tending to testify or depose in the course of such investigation. 10 April, 1869, Ees. 15, s. 2. t. 16, p. 65. 7 Maron, 1870, chap. 23, v. 16, p. 75. Title 70, Chap. 4. Sec. 5394. Every person who feloniously steals, takes away, alters, StealiuiT or al- ^^'^sifles, or otherwise avoids any record, writ, process, or other proceed- tering process, ™S) in any court of the United States, by means whereof any judgment procuring false is reversed, made void, or does not take efl'ect, and. every person who bail, &c. acknowledges, or procures to be acknowledged, in any such court, any recognizance, bail, or judgment, in the name of any other person not privy or consenting to the same, shall be fined not more than five thou-, sand dollars or be imprisoned at hard labor not more than seven years ; but this provision shall not extend to the acknowledgment of any judg- ment by an attorney, duly admitted for any person against whom any such judgment is had or given. 30 April, 1790, s. 15, v. 1, p. 115. 22 June, 1874, 8. 19, v. 18, p. 190. Title 70, Chap. 5. Sec. 5418. Every person who falsely makes, alters, forges, or counter- Kojgini' &c ^®^*^ any bid, proposal, guarantee, official bond, public record, affida^vit, bid, pn liTi o r e- ^ other writing, for the purpose of defrauding the United States, or ut- cord, &c. ters or publishes as true any such false, forged, altered, or counterfeited hid, proposal, guarantee, official bond, public record, affidavit, or other writing, for such purpose, knowing the same tobe false, forged, altered, or counterfeited, or transmits to or presents at the office of any officer of the United States any such false, forged, altered, or counterfeited bid, proposal, guarantee, official bond, public record, affidavit, or other writ- ing, knowing the same to be false, forged, altered, or counterfeited, for such purpose, shall be imprisoned at hard labor for a period not more than ten years, or be fined not more than one thousand dollars, or be punished by both such fine and imprisonment. [See } 5479.] 5 April, 1866, s. 1, v. 14, p. 12. Forging deed, Sec. 5421. Every person who falsely makes, alters, forges, or counter- power of attor-feitsj or causes or procures to be falsely made, altered, ftrged, or coun- terfeited; or willingly aids or assists in the false making, Bultering, forg- ing, or counterfeiting, auy deed, power of attorney, order, certificate, receipt, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain orre- iiey, cfeo. FEAUD, FORGERY, THEFT, ETC. 227 ceive from the United States, or any of their officers or agents, any sum of money ; or who uttera or publishes as true, or causes to be uttered or published as true, any such false, forged, altered, or counterfeited deed,, power of attorney, order, certificate, receipt, or other writing, with in- tent to defraud th^ United States, knowing the same to he false, altered, forged, or counterfeited ; or who transmits to, or presents at, or causes or procures to be transmitted to, or presented at, any office or officer of the Government of the United States, any deed, power of attorney, or- der, certificate, receipt, or other writing, in support of, or in relation to, any account or claim, with intent to defraud the United States, know- png the same to be false, altered, forged, or counterfeited, shall be ini- risoned at hard labor for a period of not less than one year nor more nhan ten years ; or shall be imprisoned not more than five years, and ned not more than one thousand dollars. 3 March, 1823, s. 1, v. 3, p. 771. Sec. 5422. Every person who, knowingly and with intent to defraud Having forged the United States, has in his possession any false, altered, forged, or P.^P^rs in posses- counterfeited deed, power of attorney, order, certificate, receipt, or ^'°°' other writing, for the purpose of enabling another to obtain from the United States, or any of their officers or agents, any sum of money, shall be fined and imprisoned at the discretion of the court. Ibid., 8. 2, p. 772. Sec. 5435. Every person who falsely personates any true and lawful . False peisona- holder of any share or sum in the public stocks or debt of the United *'<>" ?f holder of States, or any person entitled to any annuity, dividend, pension, prize- ^^ '" ^ "" ^' money, wages, or other debt due from the United States, and, under color of such false personation, transfers or endeavors to transfer such public stock or any part thereof, or receives or endeavors to receive the mouey of such true and lawful holder thereof, or the money of any per- son really entitled to i^ceive such annuity, dividend, pension, prize- mojiey, wages, or other debt, shall be punished by a tine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. 3 March, 1825, s. 18, v. i, p. 120. Sec. 5436. Every person who knowingly or fraudulently demands or False demand endeavors to obtain anyshare or sum in the public stocksof the United "" f™ id "lent States, or to have any part thereof transferred, assigned, sold, or con- 5^5 ^"^ " ""^' veyed, or to have any annuity, dividend, pension, prize-money, wages, or other debt due from the United States, or any part thereof, received or paid by virtue of any false, forged, or counterfeited power of attor- ney, authority, x)r instrument, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years. Ibid. Sec. 5438. Every person who makes or causes to be made, or presents Making or pre- or causes to be presented, for payment or approval, to or by any person dentin g false or officer in the civil, military, or naval service of the United States, ''""°' any claim upon or against the Government of the United States, or any Department or officer thereof, knowing such claim to be false, fictitious, or fraudulent, or who, for the purpose of obtaining or aiding to obtain the payment or approval of such claim, makes, uses, or causes to be made or used, any false bill, receipt, voucher, roll, account, claim, cer- tificate, affidavit, or deposition, knowing the same to contain any fraud- ulent or fictitious statement or entry, or who enters into any agree- ment, combination, or conspiracy to defraud the Government of the United States, or any Department or officer thereof, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim, or who, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval setvice, who, with intent to defraud the United States or will- fully to conceal such money or other property, delivers or causes to be delivered, to any other person ha v ing authority to receive the same, any amount of such money or other property less than that for which he'received a certificate or took a receipt, and every person authorized to make or deliver any certificate, voucher, receipt, or other paper cpr- tifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, who makes or delivers the same to any 228 FEAUDj FOEGERY, TUEFT, ETC. other person without a full knowledge of the truth of the facts stated therein, and with intent to defraud the United States, and every per- son who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, o£Bcer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars. [ See H 3490, 3491, under Claims. ] 2 Maroh, 1863, as. 1, 3, v, 12, pp. 696, 698. Embezzling Sbc. 5439. Every person who steals or embezzles, or knowiugly ap- arms, stores, &o. pjjgg ^0 his own use, or who unlawfully sells, conveys, or disposes of, any ordnance, arms, ammunition, clothing, subsistence stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preced- ing section. Ibid. All parties to a gEc. 5440. If two or more persons conspire either to commit any c n 8 p i r a o y offense against the United States, or to defraud the United States in any equally guilty, jjjj^jj^m. ^j. f^^ ^j^j purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not less than one thousand dollars and not more than ten thousand dollars, and to imprisonment not more than two years. 2 March. 1867, s. 30, v. 14, p. 484. 17 May, 1879, v. 21, p. 4. Delaying or de Sec. 5441. Every person who. willfully does any act or aids or adv-ises frauding ^*P*'°'' iu the doing of any act relating to the brlngiu'g in, custody, preserva- of prize-prop- tion, sale, or other disposition of any property captured as prize, or erty. relating to any documents or papers connected with the property, or to any deposition or other document or paper connected with the proceed- ings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. [See §5 4613-4652, Prize.] 30 June, 1864, s. 31, v. 13, p. 315. Eobljcry or lar- Sec. 5456. Every person who robs another of any kind or description ceny of personal gf personal property belonging to the United States, or feloniously takes 'Wnfted States. " ^^^ carries away the same, shall be punished by a fine of not more thau five thousand dollars, or by imprisonment at .hard labor not less than one nor more than ten years, or by both such fine and imprisonment. 2 March, 1867, chap. 193, t. 14, p. 557. Couuierfeiting Sv^c. 5479. If any person shall falsely make, alter, forge, or counter- tad, bond, &c. £gj^^ pj, (ja^ge or procure to be falsely made, altered, forged, or counter- feited, or willingly aid, or assist in the false making, altering, forging, or counterfeiting, any bond, bid, proposal, guarantee, security, official b md, public record, affidavit, or other writing for the purpose of defraud- ing the United States ; or shall u tter or publish as true, or cause to be uttered or published as true, any such false, forged, altered, or counter- feited bond, bid, proposal, guarantee, security, official bond, public rec- ord, affidavit, or other writing, for the purpose of defrauding the United States, knowing the same to be false, forged, altered, or counterfeited; or shall transmit to, or present at, or cause fo or procure to be transmitted to, or presented at, the office of any officer of the Uni ted States, any such false, forged, altered, or counterfeited bond, bid, proposal, guar- antee, security, official bond, public record, affidavit, or other writing, knowing the same to be false, forged, altered, or counterfeited, for the purpose of defrauding the United States,' shall be punishable by a fine of not more than one thousand dollars, or by imprisonment at hard labor for not more than ten years, or by both such punishments. [See 5 5418.] 8 June, 1872, s. 294, v. 17, p. 320. 27 Feb., 1877, chap. 68, v. 19, p. 253. GUANO ISLANDS. 229 Beit enacted by the Senate and Souse of Sepresentatives of the Zfnited States Maroli 3, 1875. of America in Congress assembled, That any person who shall embezzle, Embezzling steal, or purloin any money, property, record, voucher, or valuable stealing, &o.! thing whatever, of the moneys, goods, chattels, records, or propertv off rom TJnited the United States, shall be deemed guilty of felony, and on conviction ftf" a deemed thereof before the district or circuit court of the United States in the ''''°"'' ' P™*"'^' district wherein said offense may have been committed, or into which he shall carry or have in possession of said property «o embezzled, stolen, or purloined, shall be punished therefor by imprisonment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars, or both, at the discretion of the court before which he shall be convicted. Sec. 2. That if any person shall receive, conceal , or aid in concealing, Knowingly re- or have, or retain in his possession with intent to convert to his own oeiving, conoeal- use or gain, any money, property, record, voucher, or valuable thing ^S. '^c., stolen, ■ whatever, of the moneys, goods, chattels, records, or property of the^ j"'gP™^i^e°(l United States, which has theretofore beenembezzled, stolen, orpurloined states; penalty, from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district ■ wherein he may have such property, be punished by a fin^ not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall he convicted ; and such receiver may be tried May be tried either before or after the conviction of the principal felon, but if the li^^ore or after party has been convicted, then the judgment against him shall be con- principal, elusive evidence in the prosecution against such receiver that the prop- erty of the United. States therein described has been embezzled, stolen, or purloined. Approved, March 3, 1875. GUANO ISLANDS. Sec. 5570. Claim of TJnited States to islands. 5571. Kotice of discovery, and proofs to be far- niehed. 5572. Completion of proof in case of death of dis- coverer. 5573. Exclusive privileges of discoverer. Sec. 5574. Eestrictions npon exportation. 5575. Herniation of guano trade. 5576. Criminal jurisdiction. 5577. Employment of land and naval forces. 5578. Bight to abandon island. Sbc. 5570. Whenever any citizen: of the United States discovers a Title 72. deposit of guano on any island, rock, or key, not within the lawful juris- , . diction of any other government, and not occupied by the citizens of any states' to islands. other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the Presi- dent, be considered as appertaining to the United States. 18 Aug., 1856, s. 1, T. 11, p. 119. Sec. 5571. The discoverer shall, as soon as practicable, give notice, Notice of dis- verified by affidavit, to the Department of State, of such discovery, oc- ppoofs'to'be^tnr^ cupation, and possession, describing the island, rock, or key, and the lat- njaiiea. iiude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall fur- nish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the pos- session or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. lUd. Sec. 5572. If the discoverer dies before perfecting proof of discovery Ootnpletion of or fully complying with the provisions of the preceding section, his proof m cise of widow, heir, executor, or administrator, shall be entitled to the benefits g^^*" "* draoov- of such discovery, upon complying with the provisions of this Title ; but nothing herein shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. 2 April, 1872, 8. 1, v. 17, p. 48. 230 HABEAS CORPUS. Exclusive priv- Sec. 5573. The discoverer, or his assigns, being citizens of the United lieges of dlsoov- gtates, may be allowed, at the pleasure of Congress, the exclusive right ®™''' of occupying such islands, rock, or keys, for the purpose of obtaining guano, and of selling and delivering the same to citizens of the United States, to be used therein, and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit. 18 Aug., 1866, 3. 2, V. 11, p. 119. Ee strio tious Sbc. 5574. No guano shall be taken from any such island, rock, or key, upon 6 xp r t a- except for the use of the citizens of the United States, or of persons res- . "■ ident therein. The discoverer, or his widow, heir, executor, administra- tor, or assigns, shall enter into Ijond, in such penalty and with such sure- ties as may be required by the President, to deliver the guano to citi- zens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; and any breach of the provisions thereof shall be deemed a forfeiture of all rights accruing under and by virtue of this Title. This section shall, hojvever, be suepended in relation to all persons who have complied with the provisions of this Title, for five years from and after the four- teenth day of July, eighteen hundred and seventy-two. 28 July, 1866, 8. 3, v. 14, p. 328. 2 April, 1872, s. 1. v. 17, p. 48. Eegulation of Sec. 5.575. Theintroductiouof guano from such islands, rocks, or keys, gnano trade. shall be regulated as in the coasting-trade between different parts oi the United States, and the same laws shall govern the' vessels concerned therein. 18 Aug., 1856, s. 3, v. 11, p. 120. Criminal juris- Sec. 5576. All acts done, and offenses or crimes committed, on any such diction. island, rock, or key, by persons who may land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant-ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas,, which laws for the pur- pose aforesaid are extended over such islands, rocks, and keys. , Ibid., a. 6. Employment Sec. 5577. ThePresident is authorized, at hisdiscretiou, to employ the of land and naval land and naval forces of the United States to protect the rights of the torcea. discoverer or of his widow, heir, executor, administrator, or assigns. Ibid., 8. 5. Eight to aban- Seo. 5578. Nothing in this Title contained shall be construed as oblig- don islands. ing the United States to retain possession of the islands, rocks, or keys, after the guano shaU have been removed from the same. Ibid,, s. 4. HABEAS OOBPUS. Sec. 751. Power of courts to issue "writs of habeas cor- pus. 752. Power of judges to grant writs of habeas cor- pus. 753. Writs of habeas corpus when prisoner is in jail. 754. A.pplication for the writ of habeas corpus. 755. Allowance and direction of tlie writ. 756. Time of return. 757. Form of return. 758. Body of tliei)arty to be produced. 759. Day for hearing. Sec. 760. Denial of return, counter-allegations, amend- ments. 761. Summarjf hearing ; disposition of party. 762. In cases involving the law of nations, notice to be served on State attorney-general. 763. Appeals in cases of habeas coiyxis to circuit court. 764 Appeal to Supreme Court. 765. Appeals, how taken. 766. Pending proceedings in certain cases, action by State authority void. Sec. 751. The Supreme Court and the circuit and district courts shaJl Title IS.ttaap. 13 have power to issue writs of habeas corpus. Power f V 24 Sept., 1789, s. 14, v. 1, p. 81. to issue writs of 10 April, 1869, s. 2, v. 16, p. 44. habeas corpus 2 March, 1833, s. 7, v. 4, p. 634. 5 Feb., 1867, s. 1, v. 14, p. 385. 29 Aug., 1842, s. 1, v. 5, p. 539. HABEAS COKPUS. 231 Sec. 752. The several justices and judges of the said courts, within -Power of judges their respective jurisdictions, shall have power to grant writs of habeas JaE"'(,^w corpus for the purpose of an inquiry into the cause of restraint of lib- . erty. Idetn, Sec. 753. The writ of habeas corpus shall in no case extend to apris- "Writ of habeas oner in jail, unless where he is in custody under or by color of the an- "orPMsirlienpris- thority of ihe United States, or is committed for trial before some court ^ '"'' thereof; or is in custody for au act done or omitted in pursuance of a law of the United States, or of an order, process, or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States ; or, being a subject or citizen of a foreign state, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, or ordei, or sanction of any foreign state, or undercolor thereof, the validity and effect whereof depend upon the law of nations ; or unless it is necessary to bring the prisoner into court to testify. IdeTn. Sec. 754. Application for a writ of habeas corpus shall be made to the Application for court or justice, or judge authorized to issue the same, by complaint '^^^"'"^ *"''«"* in writing, signed by the person for whose relief it is intended, setting '""^"*' forth the facts concerning the detention of the party restrained, in whose custody he is detained, and by virtue of what claim or authority, if known. The facts set forth in the complaint shall be verified by the oath of the person making the application. 5 Feb., 1867, o. 1, v. 14, p. 385. Sec. 755. The court, or justice, or judge to whom such application is Allowance and made shall forthwith award a writ of habeas corpus, unless it appear, direction of the ftom the petition itself that the party is not entitled thereto. The ^ writ shall be directed to the person in whose custody the party is de- tained. Idem. Sec. 756. Any person to whom such writ is directed shall make due Timeofretnrn. return thereof within three days thereafter, unless the party be detained beyond the distance of twenty miles ; and if beyond that distance and not beyond a distance of a hundred miles, within ten days ; and if be- yond the distance of a hundred miles, within twenty days. Idem. Sec. 757. The person to whom the writ is directed shall certify to the Form of return, court, or justice, or judge before whom it is returnable the true cause of the detention of such party. Idem. Sec. 758. The person making the return shall at the same time bring Body of the the body of the party before the judge who granted the writ. party to be pro Idem-. Sec. 759. When the writ is returned, a day shall be set for the hear- Day for hear- ing of the cause, not exceeding five days thereafter, unless the party "'S- petitioning requests a longer time. Idem. Sec. 760. The petitioner or the party imprisoned or restrained may Denial of re- deny any of the facts set forth in the return, or may allege any other tn™.. counter-al- facts that maybe material in the case. Such denials or allegations J^f^tg""^''''"®""- shall be under oath. The return and all suggestions made against it may be amended, by leave of the courtj or justice, or judge, before or after the same are filed, so that thereby the material facts may be as- certained. Idem. Sec. 761. The court, or justice, or judge shall proceed in a summary _ Summary hear- way to determine the facts of the case, by hearing the testimony and^S; disposition arguments, and thereupon to dispose of the party as law and justice P*"y- Require. Idem. 232 HOMESTEADS. In a 8 e B in- Sbc 762. Whea a writ of habeas corpus is issued in the case of any ■volTing the law pj-jgoner who, being a subject or citizen of a foreign state and domi- to bVserved 'on oiled therein, is committed, or confined, or in custody, by or under the State attorney- authority or law of any one of the United States, or process founded general. thereon, on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission or order or sanction of any foreign state, or under color thereof, the validity and effect whereof depend upon the law of nations, notice of the said proceeding, to be prescribed by the court, or justice, or judge at the time of granting said writ, shall be served on the at- torney-general or other officer prosecuting the pleas of said State, and due proof of such service shall be made to the court, or justice, or judge before the hearing. 29 Aug., 1842, v. 5, p. 639. Appeal sin Sbc. 763. From the final decision of any court, justice, or judge ia- «?™f . ''£,?!™^'!f ferior to the circuit court, upon an application for a writ of habeas corpus to circuit , .. \ -^ . t ^^ -, -l _l i j_ ji comt. corpus or upon such writ when issued, an appeal may be taken to the circuit court for the.district in which the cause is heard : 1. In the case of any person alleged to be restrained of his liberty in violation of the Constitution, or of any law or treaty of the United States. 2. In the case of any prisoner, who, being a subject or citizen of a for- eign state, and domiciled therein, is committed or confined, or in cus- tody by or under the authority or law of the United States, or of any State, or process founded thereon, for or on account of any act done or omitted under any alleged right, title, authority, privilege, protection, or exemption, set up or claimed under the commission, order, or sanc- tion of any foreign state or sovereignty, the validity and effect whereof depend upon the law of nations, or under color thereof. 29 Ang., 1843, T. 5, p. 639. 5 Feb., 1867. a. 1, v. 14, p. 385. 27 March, 1868, s. 2, v. 15, p. 44. Appeal to Sn- Sec. 764. From the final decision of such circuit court an appeal may preme Court. ^^ taken to the Supreme Court in the cases described in the last clause of the preceding section. 29 Aug., 1842, v. 6, p. 539. Appeals, how Sec. 765. The appeals allowed by the two preceding sections shall be **™"- taken on such terms, and under such regulations and orders, as well for the custody and appearance of the person alleged to be in prison or con- fined or restrained of his liberty, as for sending up to the appellate tri- bunal a transcript of the petition, writ of habeas corpus, return thereto, and other proceedings, as may be prescribed by the Supreme Court, or, in default thereof, by the court or judge hearing the cause. 29 Aug., 1842, V. 5, p. 639. 6 Feb., 1867, s. 1, V. 14, p. 385. ceecSnt^ln'oer" ^^"°' '^^' ^™"i'°g ^'^^ proceedings or appeal in the cases mentioned taincaies, action ^'l*'^^.^^^^^ preceding sections, and until final judgment therein, and by State author- after final judgment of discharge, any proceeding against the person so ity void. imprisoned or confined or restrained of his liberty, in any State court, or by or under the authority of any State," for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void. Idem. HOMESTEADS. Sec. 2289. "WTio may enter certain nnappropriated pub- lic lands. 2290. Mode of procedure. 2291. Certificate and patent, when given and is- sued. 2292. "When rights inure to the benefit of infant children. 2293. Persons in military or naval service, when and before whom to make affidavit. 2296. Homestead lands not to be subject to prior debts. 2297. When lands entered for homesteads revert to Government. 2298. Limitation of amount entered for homestead. 2300. Wbat minors may have the privileges of this chapter. Sec. 2301. Payment before expiration of five years,. rights of applicant. 2304. Soldiers' and sailors' homestead. 2305. Deduction of military and naval service from time, &c. 2306. Persons who have entered less than 160 acres, rights of. 2307. Widows and minor children of persons enti- tled to homestead, &c. 2308. Actual service in the Army or Navy equiva- lent to residence, &c. 2309. Who may enter by agent. 2317. Cultivation of trees on homestead tracts. HOMESTEADS. 233 Sue. 2289. Every person who is the head of a family, or who has ar- Title 32,0bap. 5. rived at the age of twenty-one years, and is a citizen of the United -who may enter States, or who has filed his declaration of intention to become such, as certain unappro- required by the naturalization laws, shall be entitled to enter one quar- priated lands, ter-seotion or a less quantity of unappropriated public lands, upon which such person may have filed a pre-emption claim, or which may,. at Ihe time the application is made, be subject to pre-emption at one dollar and twenty-five cents per acre ; or feighty acres or less of such unappro- priated lands, at two dollars and fifty cents per acre, to be located in a body, in conformity to the legal subdivisions of the public lands, and after the same have been surveyed. And every person owning and re- siding on land may, under the provisions of this section, enter other land lying Qontiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. 20 May, 1862, s. 1, v. 12, p. 392. 11 Feb., 1874, chap. 25, v. 18, p. 15. Skc. 2290. The person applying for the benefit of the preceding sec- Mode of pro- tion shall, upon application to the register of the land-office in which oedure. h») is about to make snch entry, make affidavit before the register or receiver that he is the head of a family, or is twenty-one years or more of age, or has performed service in the Army 'or Navy of the United States, and that such application is made for his exclusive use and benefit, and that his entry is made for the purpose of actual settlement and cultivation, and not either directly or indirectly for the use or bene- fit of any other person ; and upon filing such affidavit with the regis- ter or receiver, on payment of five dollars when the entry is of not more than eighty acres, and on payment of ten dollars when the entry is for more than eighty acres, he shall thereupon be permitted to enter the amount of land specified. 20 May, 1862, s. 2, v. 12, p. 392. 21 March, 1864, s. 2, v. 13, p. 35. 21 June, 1866, s. 2, v. 14, p. 67. Sec. 2291. No certificate, however, shall be given, or patent issued Certificate and therefor, until the expiration of five years from the date of such entry ; EiTOTimd'issaeT and if at the expiration of such time, or at any time within two years thereafter, the person making such entry ; or if he be dead, his widow ; or in case of hei death, his heirs or devisee ; or in case of a widow mak- ing such entry, her heirs or devisee, in case of her death, proved by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and n akes affidavit that no part of such land has been alienated, except as provided in section twenty-two hundred and eighty-eight,* and that he, she, or they will bear true allegiance to the Government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by lasv. 21 June, 1866, 8. 2, T. 14, p. 67. 3 March, 1877, v. 19, p. 403. [An act approved March 3, 1877, chap. 122, v. 19, p. 403, amendatory to this section, prescrihes hefore whom oaths of proof of residence, &c., may be ta-ken. There are also sundry acts relating to homesteads which were not considered essential in this compilation.] Sec. 2292. In case of the death ofboth father and mother, leaving an "When rights infant child or children under twenty-one yfears of age, the right and ™'J™ *" *''^ *'f"- fee shall inure to the benefit of such infant child or children; and the|^en " executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the law of the State in which such children, for the time being, have their dom- icile, sell the land for the benefit of such infanta, but for no other pur- pose; and the purchaser shall acquire the absolute title by the pur- chase, and be entitled to a patent from the United States on the pay- ment of the office-fees and sum of money above specified. 21 June, 1866, a. 2, v. 14, p. 67. Sec. 2293. In case of any person desirous-of availing himself of the -Persons in mil-, benefits of this chapter ; but who, by reason of actual service in the ^^^J^ ^hen military or naval service of the United States, is unable to do the per- and bef'ore whom — ■ ■ to make affidavit. ■^Transferred for church, cemetery, or school purposes, orforrightof way of railroads. 234 HOMESTEADS. sonal preliminary acts at the district land-office wWch the preceding sections require ; and whose family, or some member thereof, is resid- ing on the land which he desires to enter, and upon which a bona-fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the .service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver ; and upon such affidavit being iiled with the register by the wife or other representative of the party, the same shall become effect- ive from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. 21 March, 1864, o. 4, v. 13, p. 35. Homestead Skc. 2296. No lands acquired under the provisions of this chapter lands not to be shall in any event become liable to the satisfaction of any debt con- debts"' *" ^"'"' tracted prior to the issuing of the patent therefor. 20 May, 1862, s. 4, v. 12, p. 39.^ • ■Whenlannsen- Skc. 2297. If, at anytime after the filing of the affidavit, as required tered for home- jq section twenty-two hundred and ninety, and before the expiration of ■Goverament ° ^^® ^^® years mentioned in section twenty-two hundred and ninety-one, it is proved, after due notice to the settler, to the satisfaction of the register of the land-office, that the person having filed such affidavit has actually changed his residence, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the Government. 20 May, 1862, s. 5, v. 12, p. 393. [An act approved 21' April, 1876, chap. 72, v. 19, p. 35, provides for the con- • firmation of entries of land grants prior to notice ofwithdrawal of lands.] Limitation o f sj;c. 2298. No person shall be permitted to acquire title to more than for'homestead ""^ quarter-section under the provisions of this chapter. 20 May, 1862, s. 6, v. 12, p. 393. Whatminors Sbc. 2300. No person who has served, or may hereafter serve, for a may have the period not less than fourteen days in the Army or Navy of the United ch'^teff^" '* States, either regular or volunteer, under the laws thereof, during the existence of an actual war, domestic or foreign, shall be deprived of the benefits of this chapter on account of not having attained the age of twenty-one years. Ibid. Payment before Ssc. 2301. Nothing in this chapter shall be so construed as to prevent years- ?^hts of '^"y person who has availed himself of the benefits of section twenty- applic'antr two hundred and eighty-nine, from paying the minimum price for the quantity of land so entered, at any time before the expiration of the five years, and obtaining a patent therefor from the Government, as in other cases directed by law., on making proof of settlement and cultiva- tion as provided by Islw, granting pre-emption rights. lUd., s. 8. Soldiers' and Skc. 2304. Every private soldier and officer who has served in the Itead" '"' " ® ' Army of the United States during the recent rebellion, for ninety days, and who was honorably discharged, and has remained loyal to the Gov- ernment, including the troops mustered into the service of the United States by virtue of the third section of an act approved February thir- teen, eighteen hundred and sixty-two, and every seaman, marine; and officer who has served in the Navy of the United States, or in the Marine Corps, during the rebellion, for ninety days, and who was honorably dis- charged, and has remained loyal to the Government, shall, on compli- ance with the provisions of this chapter, as hereinafter modified, be en- titled to enter upon and receive patents for a quantity of public lands not exceeding one hundred and sixty acres, or one quarter-section, to be taken in compact form, according to legal subdivisions, including the alternate reserved sections of public lands along the line of any railroad or other public work, not otherwise reserved or appropriated, and other lauds subject to entry under the homestead laws of the United States; but such homestead settler shall be allowed six months after locating his homestead, and filing hia declaratory statement, within which to make his entry and commence his settlement and improvement. 8 June, 1872, s. 1, v. 17, p. 333. HOMESTEADS. 235 Sec. 2305. The time which the homestead settler has served in the Deduction of Army, Navy, or Marine Corps shall be deducted from the time hereto- y^j Bervioe from fore required to perfect title, or if discharged on account of wounds re- time, &o. ceived or disability incurred in the line of duty, then the term of enlist- ment shall be deducted from the time heretofore required to perfect title, without reference to the- length of time he may have served; but no patent shall issue to any homestead settler who has not resided upon, improved, and cultivated his homestead for a period of at least one year after he shall have commenced his improvements. Ibid. Sec. 2306. Every person entitled, under the provisions of section persons who twenty- three hundred and four, to enter a homestead who may have Iiave entered less heretofore entered, under the homestead laws, a quantity of land less t^^" '^o acres, than one hundred and sixty acres, shall be permitted to enter so much '''sntB ot. land as, when added to the quantity previously entered, shall not exceed one hundred and sixty acres. Ibid., a. 2. , Sec. 2307. lu case of the death of any person who would be entitled Widow and mi- to a homestead under the provisions of section twenty- three hundred "'"' "'' 5''?^,°/ js rt 1 - • . - rt .T ■ j.iij_i ■ personS' enTJiiiBQ and lour, his widow, it unmarried, or in case of her death, or marriage, tohomestead.&o. then his minor orphan children, by a guardian duly appointed and offi- cially accredited at the Department of the Interior, shall be entitled to all the benefits enumerated in this chapter, subject to all the provisions as to settlement and improvements therein contained; but if such per- son died during his term of enlistment, the whole term of his enlistment •shall be deducted from the time heretofore required to perfect the title. Ibid., a. 3, Sec. 2308. Where a party at the date of his entry of a tract of land Actual service under the homestead laws, or subsequentlv thereto, was actually en- i? tlie Army or listed and employed in the Army or Navy of the United States, his to rlsideSoe &o eervices therein shall, in the administration of such homestead laws, be ' • construed to be equivalent, to all intents and purposes, to a residence for the same length of time upon the tract so entered. And if his entry- has been canceled by reason of his absence from such tract while in the military or naval service of the United States, and such tract has not been disposed of, his entry shall be restored ; but if such tract has been disposed of, the party may enter another tract subject to entry under the homestead laws, and his right to a patent therefor may be determined by the proofs touching his residence and cultivation of the first tract and his absence therefrom in such service. Ibid., 8. 4. Sec. 2309. Every soldier, sailor, marine, officer, or other person coming Whomay enter within the provisions of section twenty-three hundred and four, may, as by agent, well by an agent as in person, enter upon such homestead by filing a declaratory statement, as in pre-emption cases; but such claimant in person shall within the time prescribed make his actual entry, commence settlements and improvements on the same, and thereafter fulfill all the requirements of law. Ibid., B. 5, p. 334. Sec. 2317. Every person having a homestead on the public domain. Cultivation of underthe provisions of this chapter, who, at the end of the third year trees on home- of his residence thereon, shall have had under cultivation, fortwo years, ^ ' " "' one acre of timber, the trees thereon not being more than twelve feet apart each way, and in a good, thrifty condition, for each and every sixteen acres of such homestead, shall, upon due proof of the fact by two credible witnesses, receive his patent for such homestead. 3 March, 1873, a. 4, v. 17, p. 606. 3 March, 1874, ch. 55, v. 18, p. 21. 3 March, 1875, ch. 151, v. 18, p. 481. 3 March, 1875, ch. 188, v. 18, p. 516. 20 May, 1876, ch. 102, v. 19, p. 54. 236 IMPORTATIONS, ETC. IMPORTATIOiirS, &c. Sec, 1624. Importing in public veasela. 2491. ProHbition upon importation of obscene ar- ticles. Sec. 2505. Articles exempt from dnty. 2791. Public vessels need not enter. TitlelS.Ghap.lO. Sbc. 1624, Art. 12. No person connected with the Navy shall, under Import ine in ^"^ pretense, import in a public vessel any article which is liable to the public vessels, payment of duty., [Sec. 2760, Ekvbnue-'Cuttbk Service.] 30 July, 1846, 8. 10, V. 9, p. 44. Title 33. Sec. 2491. All persons are prohibited from importing into the United Probibition up- States, from any foreign country, any obscene book, pamphlet, paper, on importation of writing, advertisement, circular, print, picture, drawing, or other repre- obscene articles, sentation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medi- cine, or any article whatever, for the prevention of conception, or for causing unlawful abortion. * * » 2 March, 1857, v. 11, p. 168. 3 March, 1873, ss. 1, 3, v. 17, p. 598. Articles ex- Sbc. 2503. The following articles, when imported, shall be exempt ™P*f'-''°"'°*y- from duty: * # *. ^ # " # Articles imported for the use of the United States: Provided, That the price of the same did not include the duty. » * n a ^ * * Books, engravings, bound or unbound, etchings, maps, and charts, which shall have been printed and manufactured more than twenty years at the date of importation. * * * # # * *f Books, maps and charts imported by authority or for the use of the United States. * * * But the duty shall not have been included in the contract or price paid. * # jf * # * * Books, household effects, or libraries or parts of libraries, in use of persons or families from foreign countries, if used abroad by them not less than one year, and not intended for any other person or persons, nor for sale. Cabinets of coins, medals, and all other collections of antiquities ; coins, gold, silver, and copper ; « * » coffee and tea. * * # J* # * * Diamonds, rough or uncut, philosophical and scientific apparatus, in- struments and preparations, statuary, casts of marble, bronze, alabaster, plaster of Paris, paintings, drawings, and etchings, specially imported in good faith for the use of any society or institution incorporated or established for religious, philosophical, educational, scientific or liter- ary purposes, or encouragement of the fine arts, and not intended for sale. * * * » * * # Regalia and gems, statues, statnary, and specimens of sculpture, where specially imported, in good faith, for the use of any society in- fcorporated or established for philosophical, literary or religious pur- poses, or for the encouragement of the fine arts, or for the use or by order of any college, academy, school, seminary of learning, or public library in theUnited States. * n « -, # It It Specimens of natural history, botany, and mineralogy, when imported for cabinets or as objects of taste or science, and not for sale. » * # # * # if Furs, undressed ; furskins of all kinds, not dressed in any manner; wearing apparel, in actual use, and other personal effects (not mer- chandise), professional books, implements, instruments, and tools of trade, occupation, or employment of persons arriving in the United States. But this exemption shall not be construed to include ma- chinery or other articles Imported for use in any manufacturing establish- ment, or for sale. LIFE-SAVING SERVICE. 237 Works of art, paintings, statuary, fountains, and other works of art, the production of American artists. But the fact of such production must be verified by the certificate of a consul or minister of the United States indorsed upon tlie written declaration of the artist ; paintings, statuary, fountains, and other works of art, imported expressly for presentation to national institutions, or to any State, or to any munici- pal corporation, or religious corporation or society. 3 March, 1883, chap. 121, P. E. L., p. 514. Sec. 2791. It shall not be necessary for the master of any vessel of Title 34, Obap. 4. war, or of any vessel employed by any prince, or state, as a public packet p . ,. ^„...i„ for the conveyance of letters and dispatches, and not permitted by the need not enter laws of such prince or state to be employed in the tra asportation of merchandise, in the way of trade, to make report and entry. 2 March, 1799, a. 31, v. 1, p. 651. LIFE-SAVING SERVICE. Establishment of life-saving stations. Employment of crews of surfmen. Employment of volunteer crews. Medals of honor for saving life. Powers and compensation of keepers. How long stations are to be open. General superintendent. Assistant saperintendent. Duties of superintendent. Kevenue Marine ofi&cers as inspectors. Investigation of sUipwreeks. Volunteer crews compensated. Brill and exercise. Life-saving medals. That the Secretary of the Treasury is hereby authorized to employ 20 Juno, 1874. crews of experienced surfmen at such of the stations herein denominated ~j; — 7~^ ~, complete stations, and at such of tbe life-boat statious on the Pacific crews' o™'i°rf- coast as he may deem necgssary and proper, for such periods, and at such men. compensation, not to exceed forty dollars per month, as he may deem nece,ssary and reasonable. 20 June, 1874, chap. 344, s. 5, v. IS, p. 125. That the Secretary of the Treasury may accept the services of volun- Volunteer teer crews of any of the life-boat statious herein authorized, who shall ''f^ws- be subject to the rules and regulations governing the Life-Saving serv- ice ; and a list of the names of each crew shall be kept in the office of the Secretary of the Treasury. Such volunteers shall receive no com- pensation, except a sum of not more than ten dollars each for every oc- casion upon which they shall have been instrumental in saving human life, and such of the medals herein authorized as they may be entitled to under the provisions hereinafter made : Provided, That no payment shall be made to any person who shall not have actually participated in the efforts to save the life or lives rescued. [See June 18, 1878.] Ibid., a. e. That the Secretary of the Treasury is hereby directed to cause to be Medals of hon- prepared medals of honor, with suitable devices, to be distinguished as '"^~ life-saving medals of the first and second class, which shall be bestowed upon any persons who shall hereafter endanger their own lives in sav- ing, or endeavoring to save lives from perils of the sea, within the United States, or upon any American vessel : Provided, That the medal of the first class shall be confined to cases of extreme and heroic dar- Ofthe first ing ; and that the medal of the second class shall be given in cases not gg",' j , sufficiently distinguished to deserve the medal of the first class : Pro- Proviso" ^^^ vided, also. That no award of either medal shall be made to any person until sufficient evidence of his deserving shall have been filed with the Secretary ol the Treasury and entered upon the records ofthe Depart- ment. [See June 18, 1878.] Ibid., B. 7. Hereafter the compensation of the keepers of life-saving and life-boat June 18, 1878. stations and houses of refuge shall be at the rate of four hundred dol- Keeners- now lars per annum; and they shall have the powers of inspectors of customs, ers and co'mpen- but shall receive no additional compensation for duties performed as sation. such : Provided, That said keepers shall have authority and be required Custodians of to take charge of and protect all property saved from shipwreck at P™perty saved. which they may be present, until it is claimed by parties legally au- thorized to receive it, or until otherwise instructed to dispose of it by the Secretary of tbe Treasury ; and keepers of life-saving stations shall 238 LIFE-SAVING SERVICE. Eesidence. be reqiTired to reside continually at or in the immediate vicinity of tlieir respective stations. IS'Jtme, 1878, ciap. 265;s. i, v. 20, p. 163. Stations to. be That hereafter the life-saving stations upon the sea and gulf coasts open, how long, g^^ which crews are employed shall be manned and the stations opened for active service on the first day of September in each year, and so continue until the first day of May succeeding, and upon the lake coasts from the opening to the close of navigation, except such stations as, in .the discretion of the Secretary of the Treasury, are not necessary to be Eesiden c e o t ^^^ ^^^ during the full period specified ; and the crews shall reside at the crews. stations during said periods. Idem, s. 5. General super- That the President of the United States may, by and with the con- ijitenilent. gent of the Senate, appoint a suitable person, who shall be familiar with the various means employed in the Life-Saving Service for the saving of life and property from shipwrecked vessels, as general. superintendent of the Life-Saving Service, who shall, under the immediate direction of the Secretary of the Treasury, have general charge of the service and of all administrative matters connected therewith, and whose com- pensation shall be at the rate of four thousand dollars per annum ; and Assistant b u - the Secretary of the Treasury is authorized to appoint an assistant to perintendent. the general superintendent, whose compensation shall be two thousand five hundred dollars per annum. ' Idefn, s 6. Dnti. s of gen- That it shall be the duty of tne general superintendent to supervise eral superintend- the organization and government of the employ^ of the service ; to pre- 6P'- pare and revise regulations therefor as may^e necessary; to fix the number and compensation of surfmen to be employed at the several stations within the provisions of law ; to supervise the expenditure of all appropriations made for the support and maintenance of the Life- Saving Service ; to examine the accounts of disbursements of the district superintendents, and to certify the same to the accounting ofiBcers of the Treasury Department ; to examine the property returns of the keepers of the several stations, and see that all public property thereto belong- ing is properly accounted for ; to acquaint himself, as far as practicable, with all means employed in foreign countries which may seem to advanta^eonsly affect the interests of the service, and to cause to be properly investigated all plans, devices, and inventions for the improve- ment of life-saving apparatus for use at the stations; which may appear to be meritorious and available ; to exercise supervision over the selec- tion of sites for new stations the establishment of which may be author- ized by law, or for old ones the removal of which may be made necessary by the encroachment of the sea or by other causes; to prepare and sub- mit to the Secretary of the Treasury estimates for the support of the 1874, oh. 344. service ; to' collect and compile the statistics of marine disasters contem- isstat., 126. platedby theactof Junetwentietli, eighteen hundred and seventy-four ; and to submit to the Secretary of the Treasury, for transmission to Con- Annual report, gress, an annual report of the expenditures of the moneys appropriated for the maintenance of the Life-Saving Service, and of the operations of said service during the year. Idem, 8. 7. Revenue Ma - That the Secretary of the Treasury may detail such officer or officers S)'Lcto'?r'^^ "' ™' °^ *^*' Kevenue Marine Service as may be necessary, to act as inspector ^ ■ and assistant inspectors of stations, who shall perform such duties in connection with the conduct of the service as may be required of them by the general superintendent. Idem, B. 8. Investigation of That upon the occurrence of any shipwreck within the scope of the shipwrecks with operations of the Life-Saving Service, attended with loss of life, the loss of life. general superintendent shall cause an investigation of all the circum- stances connected with said disaster and loss of life to be made, with a view of .ascertaining the cause of the disaster, and whether any of the officers or employes of the service have been guilty of negleotror mis- conduct in the premises; and any officer or clerk in the employment of the Treasury Department who may be detailed to conduct such inves- tigation, or to examine into any alleged incompetency or misconduct of any of the officers or employes of the Life-Saving Service, shall have LIFE-SAVING SEEVICE. 239 Yolunteers. ' CompeuBatlon for saving prop- erty. authority to administer an oath to any witness attending to testify or Administerin g depose in the course of such investigation. oaths. Idem, a. 9. That section six of said act of June twentieth, eighteen hundred aud Volunteer seventy-four, is so amended as to extend the compensation of the en- "^y^ , . rolled members of volunteer crews of life-boat stations therein named i8°7?^ok^|i4 ' to occasions of actual and deserving service at any shipwreck, or in the is Stat.,' 127I relief of any vessel in distress, and that such persons as may volunteer to take the place of any absent or disabled enrolled members of a crew, and who shall be accepted by the keeper, may be paid therefor, in the discretion of the Secretary of the Treasury, a sum not to exceed eight dollars each on every such occasion : Prom&ed, That all crews and volun- Duty of crews. teers employed under authority of this act who may be present at a wreck shall be required to*uS6 their utmost endeavors to save life and properly care for the bodies of such as may perish, and, when such efforts are no longer necessary, to save property and protect the same, under the direction of the senior keeper present or of the superintendent of the district, until the arrival of persons legally authorized to take charge; and for the time employed in so saving and protecting property volunteers shall be entitled to compensation not to exceed three dollars per day each, in the discretion of the Secretary of the Treasury. Idem, 8. 10. That the enrolled members of the crews of life-boat stations may be Drill and exer- called out for drill and exercise in the life-boat and life-saving apparatus ''*'^- as often as the general superintendent may determine, not to exceed twice a month, for each day's attendance at which tliey shall be entitled to the sum of three dollars each. Idem, B. 11. That the Secretary of the Treasury is hereby authorized to bestow Life-saving the life-saving medal of the second class dpon persons making such medals- signal exertions in rescuing and succoring the shipwrecked, aud saving persons from drowning, as, in his opinion, shall merit such recognition. Idem, s. 12. MKMOEAKDUM. An act of Sept, 30, 1854, chap. 90, v. 9, p. 533, provided for surf and life-boats lor the preservation of life and property shipwrecked. The acts of Aug. 31, 1852, chap, 112, v. 10, p. 118, and March 3, 1853, chap. 97, v. 10, p. 200, provided for life-boats and other nieans-uf rendering assistance to wrecked mariners aud others on the coasts of the United States ; Aug. 4, 1^51, chap. 242, v. 10, p. 503, authorized the purchase of metallic surf boats, to rescue lives and property, to be located at various ports on the lakes ; Dec. 14, 1854, chap. 1, v. 10, p. 597, es- tablished life-saving stations on the coasts of Long Island and Npw Jersey ; July 20, 1868, chap. 177, v. 15, p. 113, authorized a station on I^arragansett Beach ; April 20, 1871, chap. 21, v. 17, p. 12, authoi-ized the employment of experienced surf- men ; June 10, 1872, chap. 415, v. 17, p. 347, established stations at Cape God and Block Island ; March 3, 1873, chap. 307. v. 17, p. 619, authorized ten stations on the coasts of New Hampshire, Massachusetts, Virginia, North Carolina, and other places deemed necessary ; June 24, 1874, chap. 344, v. 18. p. i25, provided for a number of additional stations on the lakes and on the Atlantic and Paci^c - coastfi ; June 18. 1878, chap. 265, v. 20, p. 163, reorganized the Life-Saving Ser-vice, and estitblished additional stations, and on the 30th Jnne, 1882, there were 190 stations in conmiission. * LIGHTS AND BUOYS. Sec. 4678. Color of buoys prescribed. 4679. Kestriction on compensation of officers, &c.. 4680. Officers, &c.,nottobeinterestedincontract8. Jurisdiction ovep certain rivers. Title SS, Sec. 4653. Organization of the Light-Honse Board. 4654. President of the Board. 4655. Chairman. 4670. Light-honse districts. 4671. Light-house inspectors. • Sec. 4653. The President shall appoint two ofScers of the Navy, of high rank, two officers of the Corps of Engineers of the Army, and two organization of civilians of high scientific attainments, whose services may be at the the Light-House disposal of the President, together with an officer of the Navy and an Boai-d. officer of engineers of the Army, as secretaries, wHo shall constitute th© Light-House Board. 31 Aug., 1852, 8. 8, v. 10, p. 119. Sec. 4654. The Secretary of the Treasury 8ha;ll be ex-officio president President of of the Light-House Board. ^^^ ^"^'"'l- Ibid., a. 9. 240 MERCHANT VESSELS AND SEEVICE. YACHTS. Light-house in- spectors. Chairman. Sbc. 4655. The Light-House Board shall elect, by ballot, one of their number as chairman of the board, who shall preside at their meetings, when the president is absent, and shall perform such acts as may be prescribed by the rules of the board. IMd. Light-house Sec. 4670. The Light-House Board shall arrange the Atlantic, Gulf, districts. Pacific, and Lake coasts of the United States, into light-house districts, not exceeding twelve in number. [See j)0«<, June 23, 1874.] J6id., 9. 12. Sec. 4671. An officer of the Army or Navy shall be assigned to each district as a light-house inspector, subiect to the orders of the Light- House Board ; and shall receive for such service the same pay and emol- uments that he would be entitled to by law for the performance of duty in the regular line of his profession, and no other, except the le^al allow- ance per mile, when traveling under orders connected with his duties. Ihid. Sec. 4678. All buoys along the coast, or in bays, harbors, sounds, or Color of buoys channels, shall be colored and numbered, so that passing up the coast prescnbed. ^^ sound, or entering the bay, harbor, or channel, red buoys with even numbers shall be passed on the starboard hand, black buoys with un- even numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in channel-ways shall be colored with alternate white and black perpendicular stripes. 28 Sept., 1850, s. 6, v. », p. 504. Sec. 4679. No additional salary shall be allowed to any civil, military, Kestriction up- or naval officer on account of his being employed on the Light-House on compeMation Board, or being in any manner attached to the light-house service. ° ° '^^" "■ 31 Aug., 1852, 8. 17, V. 10, p. 120. Sec. 4680. No member of the Light-House Board, inspector, light- Officers &c. keeper, or other person in any manner connected with the light-house noitobe interest- service, shall be interested, either directly or indirectly, in any contract ed In contracts, for labor, materials, or supplies for the light-house service, or in any patent, plan, or mode of construction or illumination, or in any article of supply for the light-house service. Ibid. That the jurisdiction of the Light-House Board, created by the act June 23 1874 entitled "An act making appropriations for light-houses, light-boats, buoys, and so forth, and providing for the erection and establishment Jurisdiction of of the same, and for other purposes," approved August thirty-first, ^'Sbt-Hous6elgliteen hundred and fifty-two, is hereby extended over the Mississippi, isS.^oh^'llI, \ Ohio. ai registered as directed in this Title. Idem, a. 2, p. 288. Vessels owned Sbc. 4133. No vessel shall be entitled to be registered, or, if registered, by non-resident to the benefits of registry, if owned in whole or in part by any citizen citizens. ^f ^j^g united States who usually resides in a foreign country, during the continuance of such residence, unless such citizen be a consul of the United States, or an agent for and a partner in some house of trade or copartnership, consisting of citizens of the United States actually car- rying on trade within the United States. Ibid. Vessels owned Sbc. 4134. No vessel shall be entitled to be registered as a vessel of by non-resident the United States, or, if registered, to the benefits of registry, if owned naturalized cltl- jj^ T^hole or in part by any person naturalized in the United States, and ^""' residing for more than one year in the country from which he originated, ■ or for more than two years in any foreign country, unless such person be a consul or other public agent of the United States. Nothing con- tained in this section shall be construed to prevent tke registering anew of any vessel before registered, in case of a sale thereof in good faith to any citizen resident in the United States ; but satisfactory proof of the citizenship of the person on whose account a vessel may be purchased shall be exhibited to the collector, before a new register shall be granted for such vessel. 27 March, 1804, s. 1, v. 2, p. 296. American ves- SkC. 4135. No vessel which has been recorded or registered as an sel takingforeign American vessel of the United States, pursuant to law, and which was flag- licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry. 10 Feb., 1866, ch. 8, v. 14, p. 3. Wrecked vessels. Sbc. 4136. The Secretary of the Treasury may issue a register or en- rollment for any vessel built in a foreign country, whenever such ves- sel shall be wrecked in the United States, and shall be purchased and repaired by a citizen of the United States, if it shall be proved to the satisfaction of the Secretary that the repairs put upon such vessel are equal to three-fourths of the cost of the vessel when so repaired. 23 Dec, 18S2, ch. 4, v. 10, p. 149. 23 July, 1866, ch. 213, v. 14, p. 212. Failure to re- ^^'^- 4172. If any vessel registered as a vessel of the United States port sale to for- shall be sold or transferred, in whole or in part, by way of trust, confi- elgners. denoe, or otherwise, to a subject or citizen of any foreign prince or state, aud such sale or transfer shall not be made known, as hereinbefore directed, such vessel, together with her tackle, apparel, aud furniture, shall be forfeited. If such vessel, however, be so owned in part only, and it is made to appear to the jury before whom the trial for such for- MERCHANT VESSELS AND SERVICE. YACHTS. 249 • feiture is had, that any other owner of such vessel, heing a citizen of the United States, was wholly ignorant of the sale or transfer to or •ownership of such foreign subject or citizen, the share or interest of such citizen of the United States shall not be subject to such forfeiture, and the residue only shall be so forfeited. 31 Dec; 1792, s. 16, v. 1, p. 295. Sec. 4177. The Secretary of the Treasury shall have power, under Nnmters for such regulations as he shall prescribe, to establish and provide a sys- vessels, tern of numbering vessels so registered, enrolled, and licensed ; and «ach vessel so numbered shall have her number deeply carved or oth- erwise permanently marked on her main beam; and if a* any time she shall cease to be so' marked, such vessel shall be, no longer recognized as a vessel of the United States.' 28 Jnly, 1866, a. 13, T. 14, p. 331. Sec. 4178. The name of every registered vessel, and of the port to Names of ves- which she shall belong, shall be painted on her stern, on a black ground, sels to be painted in white letters, of not less than three inches in length.* If any vessel °° stern. of the United States shall be found without having her name and the name of the port to which she belongs so painted, the owner or owners shall be liable to a penalty of fifty dollars ; recoverable one-half to the person giving the information thereof; the other half to the use of the United States. 31 Dec, 1792, s. 3, v. 1, p. 288. Sec. 4179. No master, owner, or agent of any vessel of the United Changeofname ■States shall in any way change the name of such vessel, or by any de- of ragisteredves- vice, advertisement, or contrivance to deceive or attempt to deceive the public, or any ofiSoer or agent of the United States, or of any State, ■or any corporation or agent thereof, or any person or persons, as to the true name or character of such vessel, on pain of the forfeiture of such 5 May, 1864, u. 2, v. 13, p. 64. Sec. 4189. Whenever any certificate of registry, enrollment, or li- Penalty for ■cense, or other record or document granted in lieu thereof, to any ves- fraidnlent regis- ^el, is knowingly and fraudulently obtained or ased for any vessel not ^' ■entitled to the benefit thereof, such vessel, with her tackle, apparel, , and furniture, shall be liable to forfeiture, 18 July, 1866, s. 24, v. 14, p . 184. Sec. 4190. No sea-letter or other document certifying or proving any Sea-letters, to vessel to be the property of a citizen of the United States shall be issued, ^^ vesse is- ■except to vessels duly registered, or enrolled and licensed as vessels of the United States, or to vessels which shall be wholly owned by citi- zens of the United States,, and furnished with or entitled to sea-letters or other custom-house documents. 26 March, 1810, v. 2, p. 568. Sec. 4191. Every person who knowingly makes, utters, or publishes i3fo™f aeaJefc any false sea-letter, Mediterranean passport, or certificate of registry, ^gf ^^ ■or who knowinglj' avails himself of any such Mediterranean passport, sea-letter, or certificate of registry, shall be liable to a penalty of not more than five thousand dollars, and, if an officer of the United States, shall thenceforth be incapable of holding any office of trust or profit under the authority of the United States. 2 March. 1803, ... 1, v. 2, p. 209. Sec. 4204. All vessels belonging to citizens of the United States, and Title 48, Chap. 2. bound from any port in the United States to any other port therein, or conveyance ot to any foreign port, or froin any foreign port to any port in the United bullion, coin, &c., ■States, shall, before clearance, receive on board all such bullion, coin, for the United United States notes and bonds and other securities, as the Government States. of the United States or any department thereof, or any minister, con- sul, vice-consul, or commercial or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of ■destination ; and shall receive for such service such reasonable compen- sation as may be allowed to other carriers in the ordinary transactions of business. 4 Jnly, 1864, s. 10, v. 13, p. 392. * An act approved June 23, 1874, v. 18, p. 252, allows the name to be painted on her «tem in yellow or gilt letters. 250 MERCHANT VESSELS AND SEEVICE. YACHTS. Copy of rates Sec. 4207. Wlienever any clearance is granted to any vessel of the of consular fees United States, duly registered as such, and hound on any foreign voy- clea?an™ ^ge, the collector of the district shall annex thereto, in every case, a copy of the rates or tariffs of fees which diplomatic and consular officers are entitled, hy the regulations prescrihed hy the President, to receive for their services. 18 Aug., 1856, s. 16, v. 11, p. 57. Tltle48, Chap. 5. Sec. 4238. Consuls aud vice-consuls, in cases where vessels of the Vessels strand- United States are stranded on the coasts of their consulates respectively, ed on foreign shall, asfaras the laws ofthe country will permit, take propermeasures, coasts. as well for the purpose of saving the vessels, their cargoes and appur- tenances, as for storing and securing the effects and merchandise saved, and for taking inventories thereof; and the merchandise and effects saved, with the inventories thereof so taken, shall, after deducting there- from the expenses, he delivered to the owners. No consul or vice-con- sul shall have authority to take possession of any such merchandise, or other property, when the master, owner, or consignee thereof is present or capahle of taking possession of the same. 14 April, 1792, s. 3, v. 1, p. 255. Title 49. Sec. 4306. Every vessel of the United States, going to any foreign Passports of '"'^^*'7' ^''^^^i ^^f"^® she departs from the United States, at the request United^ States of the master, be furnished hy the collector for the district where such vessels on dejjart- vessel may be, with a passport, the form for which shall be prescribed ^®„^° ^^'^^^^''hythe Secretary of State. In order to be entitled to such passport, the master of every such vessel shall be bound, with sufficient sureties, to the Treasurer of the United States, in the penalty of two thousand dollars, conditioned that the passport shall not be applied to the use or protection of any other vessel than the one described in it; and that, in case of the loss or sale of any vessel having such passport, the same shall, within three months, be delivered up to the collector from whom it was received, if the loss or sale take place within the United States; or within six months, if the same shall happen at any place nearer than the Cape of Good Hope ; and within eighteen months, if at a more dis- tant place. 1 June, 1796, ss. 1, 2, v. 1, p. 489. 12 Feb., 1831, v. 4, p. 441. Penalty for de- Sbc. 4307. If any vessel of the' United States shall depart therefrom, palspOTt. ^^^ ^^*^1 ^^ bound to any foreign country, other ftian to some port in America, without such passport, the master of such vessel shall be liable to a penalty of two hundred dollars for every such offense. 1 June, 1796, s. 4, v. 1, p. 490. Passp o i;t 8 of Sbc. 4308. Every unregistered vessel owned by a citizen of the United sels*^ ™^ States, and sailing with a sea-letter, going to any foreign country, shall, before she departs from the United States, at the request of the master, be furnished by the collector of the district where such vessel may be with a passport, for which the mister shall be subject to the rules and conditions prescribed for vessels of the United States. 2 March, 1803, s. 1, v. 2, p. 208. papers with con^ ^^^- ^309. Every master of a vessel, belonging to citizens of the snf United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register, sea-letter, and Mediterranean passport with the consul, vice-consul, commercial agent, or vice-commercial agent, if any there be at such port ; and it shall be the duty of such consul, vice-consul, commercial agent, or vice-com- mercial agent, on such master or commander producing to him a clear- ance from the proper officer of the port where his vessel may be, to de- liver to the master all of his papers, if such master or commander haa complied with the provisions of law relating to the discharge of sea- men in a foreign country, and to the payment of the fees of consular officers. 28 Feb., 1803, s. 2, v. 2, p. 203. Penalty for fail- Seo. 4310. Every master of any such vessel who refuses or neglects nre to depositpa- to deposit the papers as required by the preceding section, shall be li- pers Tvith consul, ^ijjg ^o a penalty of five hundred dollars, to be recovered by such con- sul, vice-consul, commercial agent, or vice-commercial agent, in his MEKCHANT VESSELS AND SEEVICE. YACHTS. 251 own name, for the benefit of the United States, in any court of compe- tent jurisdiction. Ibid. Sec. 4573. Before a clearance is granted iaj any vesfsel bound on a for- Title 53, Chap. 5 . eign. voyage or engaged in the whale-fisherjr, the master thereof shall ^gj. „f g^^^ ^^ deliver to the collector of the customs a list containing the names, be delivered to places of birth and residence, and description of the persons who com- collector. pose his ship's company ; to which list the oath of the captain shall be annexed, that the list contains the names of his crew, together with the places of their birth and residence, as far as he can ascertain them ; and the collector shall deliver him a certified copy thereof, for which the collector shall be entitled to receive the sum of twenty -five cents. 28 Feb., 1803, s. 1, v. 9, p. 203. 4 April, 1840, s. 2, v. 2, p. 370. Sec. 4574. In all cases of private vessels of the United States sailing from a port in the United States to a foreign port, the list of the crew shall be examined by the collector for the district from which the ves- sel shall clear, and, if approved of by him, shall be certified accordingly. No person shall be admitted or employed on board of any such vessel unless his name shall have been entered in the list of the crew, approved and certified by the collector for the district from which the vessel shall clear. The collector, before he delivers the list of the crew, approved and certified, to the master or proper ofilcer of the vessel to which the same belongs, shall cause the same to be recorded in a book by him for that purpose to be provided, and the record shall be open for the in- spection of aU persons, and a certified copy thereof shall be admitted in evidence in any court in which any question may arise under any of the provisions of this Title. 3 March, 1813, s. 3, v. 2, p. 809. Sec. 4575. The following rules shall be observed with reference to Utiles as to list vessels bound on any foreign voyage : " ''^^'^• First. The duplicate list of the ship's company, required to be made out by the master and delivered to the collector of the customs, under section forty-five hundred and seventy-three, shall be a fair copy in one uniform handwriting, without erasure or interlineation. Second" It shall be the duty of the owners of every such vessel to obtain from the collector of the customs of the district from which the clearance is made, a true and certified copy of the shipping-articles, containing the names of the crew, which shall be written in a uniform hand, without erasures or interlineations. Third. These documents, which shall be deemed to contain all the conditions of contract with the crew as to their service, pay, voyage, and all other things, shall be produced by the master, and. laid before any consul, or other commercial agent of the United States, whenever he may deem their contents necessary to enable him to discharge the duties imposed upon him by law toward "any mariner applying to him for his aid or assistance. Fourth. All interlineations, erasures, or writing in a hand different £rom that in which such duplicates were originally made, shall be deemed fraudulent alterations, working no change in such papers, un- less satisfactorily explained in a manner consistent with innocent pur- poses and the provisions of law which guard the rights of, mariners. Fifth. If any master of a vessel shall proceed on a foreign voyage without the documents herein required, or refuse to produce them when required, or to perform the duties imposed by this section, or shall vio- late the provisions thereof, he shall be liable to each and every indi- vidual injured thereby in damages, to be recovered in any court of the United States in the district where such delinquent may reside or be found, and in addition thereto be punishable by a fine of one hundred dollars for each offense. Sixth. It shall be the duty of the boarding-officer to report all viola- tions of this section to the collector of the port where any vessel may arrive, and the collector shall report the same to the Secretary of the Treasury and to the United States attorney in his district. 20 July, 1 840, eh. 48, v. 5, pp. 394, 395, 397. 27 Feb., 1877, v. 19, p. 252. 252 MERCHANT VESSELS AND SEEVICE. YACHTS. Title TO, Chap. 3. Sec. 5358. Every person who plunders, steals, or destroys any money ^T — 7~p — T goods, mercliandise, or other effects, from or belonging to any vessel in wrecked vessels distress, or wrecked, lost, stranded, or cast away, npon the sea, or upon &c. ' any reef, shoal, bank, or rocks of the sea, or in any other place within the adniiralty and maritime jurisdiction of the United States ; and every person who willfully obstructs the escape of any person endeav- oring to save his life from'such vessel, or the wreck thereof; and every person who holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel, sailing upon the sea, into danger, or distress, or shii)wreck, shall be punished by a fine of not more than five thousand dollars, and imprisoned at hard labor not more than ten years. 3 March, 1825, s. 9, v. 4, p. 116. Conspiracy to Sec. 5364. Every person who, on the high seas, or within the United castaway vessel. States, willfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or with- out the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafterward underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bot- tomry or respondentia ; and every person who, within the United States, builds, or fits out, or aids in building and fitting out, any vessel with intent that the same be cast away or destroyed with the intent herein- before mentioned, shall be punished by a fine of not more than ten thousand dollars, and by imprisonment at hard labor not more than ten years. Ibid., a. 23, p. 122. Owner destroy- Sbc. 5365. Every person who, on the high seas, willfully and cor- ing vessel at sea, ruptly casts away or otherwise destroys any vessel of which he is owner, in whole or part, with intent to prejudice any person that may under- write any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall suffer death. [See § 5323, Pieaoy.] ' 26 March, 1804, s. 2, t. 2 p. 290. Other persons Sec. 5366. Every person, not being an owner, who, on the high seas, destroying vessel willfully and corruptly casts away or otherwise destroys any vessel to at sea, which he belongs, being the property of any citizen, shall suffer death. [See § 5323, Piracy.] 2 March, 1804, s. 1, v. 2, p. 290. 3 March, 1876, v. 18, p. 479. See p. 229. Attempt to de- Sbc. 5367. Every person, not being an owner, who, on the high seas, stroy vessel at willfully, with intent to destroy the same, sets fire to any vessel, or otherwise attempts the destruction thereof, being the property of any citizen, shall suffer imprisonment at hard labor for a term not more than ten years nor loss than three years. 29 July, 1850, s. 7, v. 9, p. 441. Title 70, Cbap.S. Sec. 5423. If any person falsely makes, forges, counterfeits, or alters — — : any instrument in imitation of, or purporting to be, an abstract or o£fi- terin^^ shro°8 pa- '^^^^ ""Pyi "^ certificate of the recording, registry, or enrollment of any rers "or oustma- vessel, in the office of any collector of the customs, or a license to any touaedoouments. vessel, for carrying on the coasting trade, or fisheries of the United States, or a certificate of ownership, pass, passport, sea-letter, or clear- ance, granted for any vessel, under the authority of the United States, or a permit, debenture, or other official document granted by any col- lector or other officer of the customs, by virtue of his office ; or passes, utters, or publishes, or attempts to pass, utter, or publish, as true, any such false, forged, counterfeited, or falsely altered instrument, abstract, official copy, certificate, license, pass, passport, sea-letter, clearance, permit, debenture, or other official document herein specified, knowing the same to be false, forged, counterfeited, or falsely altered, with an intent to defraud, he shall be punished by a fine of not more than one thousand dollars, and by imprisonment at hard labor not more than three years. [See § 4191.] 3 March, 1825, s. 19, v. 4, p. 120. MUKDEE, MANSLAUGHTER, MAIMING, MUTINY, ETC. 253 Sbc. 4214. The Secretary of the Treasury may cause yachts used and Title 48, Chap. 1. employed exclusively as pleasure Tessels or designed as models of naval "~i~io7n7e of architecture, if built and owned in compliance with the provisions of y(,^jitg, sections forty-one hundred and thirty-three to forty-one hundred and thirty-five, to be licensed on terms *hioh wiU authorize them to pro- ceed from port to port of the United States, and by sea to foreign ports, "without entering or clearLug at the custom house, such license shall be in such form as the Secretary of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond in such form and for such amount as the Secretary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any trade, nor in any way violate the revenue laws of the United States ; and shall comply with the laws in all other respects. Such vessels, so enrolled and licensed, shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall have their name and port placed on some conspicuous portion of their hulls. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall 'be liable to seizure and forfeiture for any violation of the pro- Yisions of this title : Provided, That all charges for license and inspection fees for any pleasure vessel or yacht shall not exceed five dollars, and for admeasurement^shall not exceed ten cents per ton. 7 Aug., 1848, s. 2, v. 9, p. 274. 20 Jane, 1870, s. 1,t. 16, p. 171. 3 Maioll, 1883, oh. 133, v. 22, p. 566. Sec. 4215. All such licensed yachts shall use a signal of the form, size, Signals of yachts. and colors prescribed by the Secretary of the Navy ; and the owners thereof, shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts. 7 Ang., 1848, s. 3, v. 9, p. 274. Sec. 4216. Yachts, belonging to a regularly organized yacht club of Taohts helong- any foreign nation which shall extend like privileges to tfie yachts of ing tp foreign the United States, shall have the privilege of entering or leaving any yaoht-ciuDs. port of the United States without entering or clearing at the custom- house thereof, or paying tonnage tax. 29 June, 1870, s. 2, t.!16, p. 170. Sec. 4217. For the identification of yachts and their owners, a com- Commissions to mission to sail for pleasure in any designated y8,cht belonging to any yachts. regularly organized and incorporated yacht club, stating the exemp- tions and privileges enjoyed under it, may be issued by the Secretary of the Treasury, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges en- joyed under it. JUd., o. 3. Sec. 4218. Every yacht visiting a foreign country under the provisions Entry of yachts, of the four preceding sections shall, on her return to the United States, make due entry at the custom-house of the port at which, on such return, she shall arrive. IMd.,s.4,p.l71. MUEDEE, MANSLAUGHTEE, MAIMING, MUTINY, &c. Sec. 1624. Art. 6. Murder hy persons on pnbhc vessels. 5325. Punishment of death by hanging. 5326. No conviction to work corruption of blood or forfeiture of estate. 5327. WhippiBg and the pillory abolished. 5328. Jurisdiotion of State courts. 5329. Benefit of clergy. 5330. Pardoning power. 5339. Murder. 5340. Delivery of offender's body for dissection, wht^n. 5341. Manslaughter. 5342. Attempt to commit murder or manslaughter. Sec. 5343. Punishment of manslaughter. 5344. Officers and owners of steamboats throligb whose misconduct, &g., life is lost. 5345. Bape. 5346. Assault with a dangerous weapon. 5347. Maltreatment of crew by officers of vessels. 5348. Maiming, &c. 1624. Mutiny m the Navy, 5359. Inciting revolt or mutiny on shipboard. 5360. Hevolt and mutiny on shipboard. 5390. Misprison of felony. 5391. Offenses committed dn places ceded to the United States. Sec. 1624. Art. 6. If any person belonging to any public vessel of the Title 15, Chap.lO. United States commits the crime of murder without the territorial juris- j, , diction thereof, he may be tried by court-martial and punished with death. 17 July, 1862, s. 1, v. 12, p. 602. 254 MUEDEE, MANSLAU6HTEE, MAIMING, MUTINY, ETC. Title 70, Chap. 1. Sec. 5325. The manner of inflicting the punishment of death shall be Punishment of ^yJ^a^gi^g- ^See 5 5340.] death by hang- 30 April, 1790, s. 33, v, 1, p. 119. ™lfo conviction Sec. 5326. No conviction or judgment shall work corruption of blood to work oorrup- gi any forfeiture of estate, tion of hlood or ^, . , „ 04 „ 117 forfeiture of es- lOia., a.M,-p. u.i. *^Whipping and Sec. 5327. The punishment of whipping and of standing in the pillory the piuory abol- shall not be inflicted. is'^B*- 28 I-eh., 1839, =. 5, T. 6, p. 322. Jurisdiction of Sec. 5328. Nothing in this Title shall be held to take away or impair State courts. ^jjg jurisdiction of the courts of the several States under tjie laws' thereof. 3 March, 1795, s. 26, t. 4, p. 122. Benefit of Sec. 5329. The benefit of clergy shall not be used or allowed, upon olergy. conviction of any crime for which the punishment is death. 30 April, 1790, 8. 31, v. 1, p. 119. Pardoning ^EC. 5330. Whenever, by the judgment of any court or judicial officer power. of the United States, in any criminal proceeding, any person is sen- tenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. 20 Peb., 1863, s. 1, v. 12, p. 656. Title 70, Chap. 3. Sec. 5339. Every person who commits murder — ^ ^ First. Within any fort, arsenal, dock-yard, magazine, or in any other ^^ ™' place or district of country under the exclusive jurisdiction of the United States; Second. JOr upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who upon any of such waters maliciously strikes, stabs, wounds, poisons, oif shoots at any other person, of which strikiiig, stab- bing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. [See § 5326.] 30 April, 1790, 8. 3, v. 1, p. 113. 3 March, 1825, s. 4, v. 4, p. 115. Delivery of of- Sbc. 5340. The court before which any person is convicted of murder, fender's body for ^ay, in its discretion, add to the judgment of death, that the body of dissection, when, ^.j^^ offender be delivered to a surgeon for dissection ; and the marshal who executes such j ndgment shall deliver the body, after execution, to such surgeon as the court maj' direct ; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution. 30 April, 1790, s. 4, v. 1, p. 113. Manslaughter. Seg. 5341. Every person who, within any of the places or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully and wilfully, but without malice, strikes, stabs, wounds, or shoots at, or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on laud or sea, within or without the United States, is guilty of the crime of manslaughter. Ibid., a. 7. 3 March, 1857, s. 1, v. 11, p. 250. Attempt to Shc. 5342. Every person who, within any of the places or upon any commit murder ^f ^j^g waters described in section fifty-three hundred and thirty-nine, or mansjanghter. g^^^g^^p^g ^^ commit the crime of murder or manslaughter, by any means not constituting the offense of assault with a dangerous weapon, shall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars. 3 March, 1857, s. 2, v. 11, p. 250. MUEDER, MANSLAUGHTEE, MAIMING, MUTINY, ETC. 255 Sec. 5843. The punishment of manslaughter shall be imprisonment, Ptmishment of vot exceeding ten years and a fine not exceeding one thousand dollars, except ''''^""^"SliMr. as otherwise specially provided hy law. 30 April, 1790, s. 7, V. 1, p. 113. 3 March, 1857, s. 3, v. 11, p. 250. 3 March, 1876, s. 1, 2, v, 18, p. 138. Sec. 5344. Every captain, engineer, pilot, or other person employed Officer's and on any steamhoat or vessel, by whose misconduct, negligence, or iuat- SSa'^thr o*u^h tention to his duties on such vessel, the life of any person is destroyed, lyii o s e miacon- and'every owner, inspector, or other public officer, through whose fraud, duct, &c., life la connivance, misconduct, or violation of law, the life of any person is lost, guilty of destroyed, shall be deemed guilty of manslaughter, and, upon convio- m^Jislaughter. tion thereof before any circuit court of the United States, shall be sen- tenced to confinement at hard labor for a period of not more than ten years. 28 S'eb., 1871, B. 57, V. 16, p. 456. Sec. 5345. Every person who, within any of the places or upon any Eape. of the waters specified in section fifty-three hundred and thirty-nine, commits the crime of rape shall sulfer death. 3 Mancch, 1825, s. 4, v. 4, p. 115. Sec. 5346. Every person who, upon the high seas, or in any arm of the , Assault -with a sea, or in any river, haven, creek, basin, or bay, within the admiralty -^eapon.^ r o u s jurisdiction of the United States, and out of the jurisdiction of any particular State, on board any vessel belonging in whole or part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more than three thousand dollars, and by imprisonment at hard labor not more than three years. Ibid., 8. 22, p. 131. Sec. 5347. Every master or other officer of any American vessel on Maltreatment the high seas, or on any other waters within the admiralty and mari- of^Zij "^'^^ time jurisdiction of the United States, who, from malice, hatred, or revenge, and without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel or unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both. 3 March, 1835, s. 3, v. 4, p. 776. Sec. 5348. Every person who, within any of the places upon the land under the exclusive jurisdiction of the United States, or who, upon the high seas, in any vessel belonging to the United States, or to any citizen thereof, maliciously outs off the ear, cuts out or disables the tongue, puts out an eye, slits the nose, cuts off the nose or lip, or cuts off or disables any limb or member of any person, with intent to maim or dis- figure such person, shall be imprisoned at hard labor not more than seven years, and fined not more than one thousand dollars. X 30 April, 1790, s. 13, v. 1, p. 115. Sec. 5390. Every person who, having knowledge of the actual com- Htl* '!0> Chap. 3. mission of the crime of murder or other felony upon. the high seas, or Misprision of within any fort, arsenal, dock-yard, magazine^ or other place or district felony, of country under the exclusive jurisdiction of the United States, con- ceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military au- thority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined not more than five hundred dollars. 30 April, 1790, s. 6, v. 1, p. 118. Sec. 5391. If any offense be committed in any place which has been Certain offenses or may hereafter be, ceded to and under the jurisdiction of the United committed in States, which offense is not prohibited, or the punishment thereof is not ^^It^'^ "states specially provided for, by any law of the United States, such offense how punished. ' shall be^liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of such State; and no 256 NATURALIZATION CITIZENSHIP. subsequent repeal of any such State law shall affect any prosecution for such offense in any court of the United States. 3 Marcli, 1835, s. 3, v. 4, p. 115. 5 AprU, 1866, s. 2, v. 14, p. 13. MUTINY. Title l5,Cliap. 10. Sec. 1624. Aet. 4. The punishment of death, or such other punish- M tinv in the ™^°t ^^ ^ court-martial may adjudge, may be inflicted on any person IfaTy. i° tli^ naval service — First. Who makes, or attempts to mate, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it ; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communi- cate his knowledge to his superior or commanding officer; 17 July, 1862, o. 1, T. 12, p. 600. Title 70, Cbap. 3. Sbc. 5359. If any one of the crew of any American vessel on the high — — — ~ seas, or other waters within the admiralty and maritime jurisdiction of or mtit'fn^™n *^^ United States, endeavors to make a revolt or mutiny on board such sMpboard. vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master, or other officer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master, or other commanding officer thereof, he shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both such fine and im- prisonment. 3 March, 1835, s. 2, v. 4, p. 776. 30 April, 1790, s. 12, t. 1, p. 115. Eevolt andmn- Sec. 5360. If any one of the crew of an American vessel on the high tiny on ship- geas, or on any other waters within the admiralty and maritime juris- """^ ' diction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer tn command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers, such authority and command to another not lawfully entitled thereto, he is guilty of a revolt and mutiny, and shall be punished by a fine of not more than two thousand dollars, and by unprisoument at hard labor not more than ten years. 3 March, 1835, D. 1, v. 4, p. 775. 80 April, 1790, s. 8, v. 1, p. 113. NATUEALIZATION— CITIZENSHIP. [See also Expatriation.] Sec. 2170. Kesidence of iive years in United States. 2117. Alien enemies not admitted. 2172. Children of persona naturalized under cer- tain laws to he citizens. 2174. Naturalization of seamen. Sec. 2165. Aliens, how naturalized. 2166. Aliens honorably discharged from military service, 2167. Minor residents. 2168. Widow and children of declarants. NATURALIZATION. Title 30. Sec. 2165. An alien may be admitted to become a citizen of the United Aliens, how;nat^ States in the following manner, and not otherwise : nralized'. ' First. He shall declare on oath, before a circuit or district court of Declaration of the United States, or a district or supreme court of the Territories, or intention. a court of record of any pf the States having common-law jurisdiction, and a seal and clerk, two years, at least, pribr to his admission, that it is his bona fide intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. [See Citizenship, post, as to Chinese.] 14 April, 1802, ss. 1, 3, v. 2, pp. 153, 155. 26 May, 1824, s. 4, v. 4, p. 69. 1 Teh., 1876, chap. 5, v. 19,- p. 2. NATURALIZATION — CITIZENSHIP. 257 Second. He shall, at the time of his application to be admitted, de- Oath to support Clare, on oath, before some one of the courts above specified, that he *5'i..'^''5f*''.".''°? will support the Constitution of the United States, and that he abso- states. * " * lutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty ; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Third. It shall be made to appear to the satisfaction of the court ad- Eesiden o e 1 ir mitting such alien that he has resided within the United States five United States, op years at least, and within the State or Territory where such court is at moraf 'c C-aoter the time held, one year at least ; and that during that time he has be- haved as a man of good nioral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same ; but the oath of the applicant shall in no case be allowed to prove his residenoe. Fourth. In case the alien applying to be admitted to citizenship has Titlesofnobihty borne any hereditary title, or been of any of the orders of nobility in *" "^ '■®°'"™«^"- the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renuncia- tion shall be recorded in the court. 14 April, 1802, s. 1, v. 2, p. 153. Sec. 2166. Anj' alien, of the age of twenty-one years and upward' Aliens honor- who has enlisted, or may enlist, in the armies of the United States; f>^y disoharge* either the regular or the volunteer forces, and has been, or may be here- service.™' °^ after, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such ; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen ; and the court admitting such alien shall, in addition to such proof of residence and good moral char- acter, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. 17 July, 1862, o. 21, v. 12, p. 697. Sec. 2167. Any alien, being under the age of twenty-one years, who Minor residents has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minor- ity, be admitted a citizen of the United States, without having made the declaration required in the fij-st condition of section twenty-one hundred and sixty-five; but such alien shall make the declaration re- quired therein at the time of his admission ; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States ; and he shall in all other respects comply with the laws in regard to naturalization. 26 May, 1824, s. 1, v. 4, p. 69. Sec. 2168. When any alien, who has complied with the first con- Widow and ohil- dition specified in section twenty-one hundred and sixty-five, dies be- '^™o » ^ deolar- fore he is actually naturalized, the widow and the children of such ^ alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. 26 March, 1804, b. 2, v. 2, p. 293. Sec. 2170. No alien shall be admitted to become a citizen who has Eesidenoe of not for the continued term of five years next preceding his admission 5t^.® y ^a r s in resided within the United States. '^'''*** S'»*8«- 3 March, 1813, s. 12, v. 2, p. 811. Sbc. 2171. No alien who is a native citizen or subject, or a denizen Alien enemies of any country, state, or sovereignty with which the United States are ""t admitted, at war, at the time of his application, shall be then admitted to become a citizen of the United States; » » * nor shall anything hei^ein con- tained be taken or construed to interfere with or prevent the apprehen- 11181. 17 258 NATURALIZATION — CITIZENSHIP. sion and removal, agreeably to law, of any alien enemy at any tune previous to the actual naturalization of such alien. U April, 1802, 8. 1, V. 2, p. 153. 30 July, 1813, chap. 36, v. 3, p. 53. Children of per- SEC. 2172. The children of persons who have been duly naturalized wna naturalized under any law of the United States, or who, previous to the passing under certain of any law on that snbject, by the Government of the United States^ laws to be oiti- ^^^^ j^^^^g become citizens of any one of the States, under the laws *™*' thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; » * * 14 April, 1802, 8. 4, v. 2, p. 155. Naturalization Shc. 2174. Every seaman, being a foreigner, who declares his in- «f seamen. tention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, any- thing to the contrary in any act of Congress notwithstanding; but such seaman shall, for all jmrposes of protection aa an American cit- izen, he deemed such, after the filing of his declaration of intention to become such citizen. 7 June, 1872, s. 29, v. 17, p, 268. CITIZENSHIP. "Sec. 1902. Who are citizens. 1993. Citizenship of children of citizens horn abroad. 1994. Citizenship of married women. Sec. 1996. Kights as citizens forfeited for desertion, SU). 1997. Certain soldiers and sailors not to incur the forfeitures of the last section. Immigration of certain classes prohibited. Title 25. Sec. 1992. All persons born in the United States and not snbject to jjjj any foreign power, excluding Indians not taxed, are declared to be cit- Who zeus. May 6, 1882. "izens of the United States. 9 April, 1866, 8. 1,T. 14, p. 27. Hereafter no State court or court of the United States shall admit Chin e 8 e •cepted. Title 25, e X. Chinese to citizenship ; and all laws in conflict with this act are hereby repealed. 6 May, 1882, s. 14, v. 22, p. 61. Sec. 1993. All children heretofore born or hereafter born out of the Citizenship o f '^™^''^ and jurisdiction of the United States, whoso fathers were or may ohildren of citi- be at the time of their birth citizens thereof, are declared to be citizens xensbom abroad, of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided iu the United States. 14 April, 1802, s. 4, v. 2, p. 155. 10 Feb., 1855, s. 1, v. 10, p. 604. Citizenship o f Sec. 1994. Any woman who is now or may hereafter be married to a matned women, dtizeu of the United States, and who might herself be lawfuUy natur- alized, shall be deemed a citizen. 10 Feb., 1855, s. 2, v. 10, p. 604. Kights as citi- Sbc. 1996. All persons who deserted the military or naval service of aens forfeiwd tor |;]je United States and did not return thereto or report themselves to a eser ion, o. provost-marshal within sixty days after the issuance of the proclamaton by the President, dated the 11th day of March, 1H65, are deemed to have voluntarily relinquished and forfeited their rights of citizenship as well as their right to become citizens ; and such deserteru shall be forever in- capable of holding any office of trust or pro tit under the United States, or of exercising any rights of citizens thereof. 3 March, 1865, s. 21, v. 13, p. 490. NEUTRALITY ALIEN ENEMIES. 259 Sec. 1997. NosoldierorsailoTjhowever, who faithfully served accord- Certain soldiera ing to his i-nlistment until the 19th day of April, 1865, and who, without ?"oa?*tt"forfBi> proper authority or leave first obtained, quit his oomniaud or refused to JJi-eg „£ the last serve after that date, shall be held to be a deserter from the Army or section. Navy ; but this eectlon shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding flection, by the loss of citizenship and of the right to hold ofSce, in con- sequence of his desertion. 19 July, 1867, chap. 28, v. 15, p. 14. It shall be unlawful for aliens of the following classes to immigrate 3 March, 1875. into the United States, namely, psrsons who are undergoing a sentence immierationof for conviction in their own country of felonious crimes other than po- alien convicts, litical or growing out of the result of such political offences, or whose &c., forbidden. sentence has been remitted on condition of their emigration, and women " imported for the purposes of prostitution." * » » 3 March, 1875, cbap. 140, ss. 5, v. 18, p, 476. [The 1st and 2d sections of the act of May 6, 1882, chap. 126, vol. 22, p. 58, bds- § ended the immigration of Chinese laborers to the United States, after ninety ays from the passage of the act, for ten years, and provided that the master of any t essel who should Icnowingly bring within the Unitod States, and land or pi-rmit to be landed an^ Chinese laborer from any foreign poi-t orplace, should 08 deemed guilty of a misdemeanor and, on conviction thereof, be puniHhed by a fiue of not more than five hundred dollars for each ai^d every such Chinese laborer so bioaght, and also might be imprisoned for a term not exceeding one ^ear. The words *' Chinese laborers" are to be construed to mean both slsilled ano unskilled laborers and Chinese emplo.ved in mining.] No*rBB. — ^A child born in the United States of ihen parents, who have never been naturalized, is by the fact of birth a native-born citizen of the United States, entitled to all t'he rights and privileges of citizenship. So of children born in the United States of alien subjects who have declared their intention of becoming citizens of the United States. Children born abroad of aliens (who subsequently emigrated to the United States with their families and were nat- uralized here duiing the minority of their children) are citizens of the United States.— Op. X, pp. 328. 329, Sept. 1 and 2, 1862. Bates. An American citizen, domiciled in a fo^-eign country, who has taken an oath of allegiance to the foreign sovereign is uot under the pr^^t^ction of the United Slates. — Muiray v. The Charming Betsey 2 Cranch S. C. Brightly 's Federal Digest, p. 41. IS^EUTEALITT— ALIEN ENEMIES, ETC. Sec. 5281. Accepting a foreign commission. 5282. Enlisting in foreign service. 526B. Arming vessels against people at peace with the United States. 5284. Arming vessels to cruise against citizens of the United States. 5285. Angmenting force of foreign vessel of war. Sec. 5286. Military expeditions against people at peace with United States. 5287. Enforcement of foregoing provisions. 528rf. Compelling foreign vessels to depart. 5289. Armed vessels t>o give bond on clearani^. 5290. Detention by collectors of customs. 5291. Cimstructionof this Title. Amending sec. 5287. Sec. 5281. Every citizen of the United States who, within the terri- Title OT. tory or jurisdiction thereof, accepts and exercises a commission to serve Accenting a fori a foreign prince, state, colony, district, or people, in war, by land or eign comnussioni by sea, against any prince, state, coloiay, district, or people, with whom the United States are at peace, shall be deemed guilty of a high mis- demeanor, and shall be fined not more than two thousand dollars, and imprisoned not more than three years. 20 April, 1818, s. 1, v. 3, p. 447. Sec. 5282. Every person who, within the territory or jurisdiction of Enlisting In -the United States, enlists or enters himself, or hires or retains another ^"™'S«> service, person to enlist or enter hiniself, or to go beyoiid'the limits or jurisdic- , tion of the United States with intent to be enlisted or entered in the service of any foreigu prince, state, colony, district, or people, ms a sol- dier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, shall be deemed guilty of high misdemeanor, and shall be fined not more than one thousand dollars, and imprisoned not more than three years. Idem, a. 2, p. 448. Sec. 5283. Every person who, within the limits of the United States, Armingvessels ' fits out and arms, or attempts to fit out and arm, or procures to be fi''-*f|J,"*'^y.hPHh* ted out and armed, or knowingly is concerned in the furnishing, fitting ^njted Statea. ont, or arming, of any vessel, with intent that such vessel shall be era- ployed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, 260 NEUTRALITY — ALIEN ENEMIES. citizens, or property of any foreign prince or state, or of any colony^ district, or people, with whom the United States are at peace, or who issues or delivers a commission within the territory or jurisdiction of the United Statps, for any vessel, to the intent that she may be so em- ployed, shall be deemed gnilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years. And every such vessel, her tackle, apparel, and fur- niture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited ; one-half to the use of the informer, and the other half to- the use of the United States. Idem, 8. 3. ArmingTessels Sec. 5284. Every citizen of the United States who, without the limits; to ornise gainst thereof, fits out and arms, or attempts to fit out and arm, or procures- arfteTstates *° befitted out and armed, or knowingly aids or is concerned in furnish- ing, fitting out, or arming any private vessel of war, or privateer, with intent that such vessel shall be employed to cruise, or commit hostili- ties, upon the citizens of the United States, or their property, or who takes the command of, or enters on board of any such vessel, for such intent, or who purchases any interest in any such vessel, with a view to share in the profits thereof, shall be deemed guilty of a high misde- meanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years. And the trial for such oifense, if committed without the limits of the United States, shall be in the district in which the offender shall be appprehended or first brought. Idem, s. 4. (Sec. 4090 of the Revised Statutes empowers United States ministers to issue- all manner of writs to prevent citizens of the United States from enlisting m the military or naval service of a country to make war upon any foreign power with whom the United States are at peaoe, or in the service of one portion or the people against another portion of the same people, and to carry out this power he may resort to such force belonging to the United States as may at the time be within his reach.] Angmenting Sbc. 5285. Every person who, within the territory or jurisdiction of force of foreign the United States, increases or augments, or procures to be increased vessel of war. or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel, which, at the time of her arrival within the United States, was a ship of war, or cruiser, or armed vessel, in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or cit- izens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district,. or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be deemed guilty of a high misdemeanor, and shall be fined not more than one thousand/ dollars and be impris- oned not more than one year. 20 April, 1818, s. 5, v. 3, p. 448. Military expe- Sec. 5286. Every person who, within the territory or jurisdiction of dltions against the United States, begins, or sets on foot, or provides or prepares the people atpeace means for, any military expedition or enterprise, to be carried on from; States. thence against the territory or dominions of any foreign prince or state,. or of any colony, district, or people, with whom the United States are at peace, shall be deemed gnilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years. Idem, a. 6, p. 449. Enforcementof Sec. 5287. The district courts shall take cognizance of all com- foregoing provis- plaints, by whomsoever instituted, in cases of captures made within '*"'*• the waters of the United States, or within a marine league of the coasts or shores thereof. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, crniser, or other armed vessel is increased or aug- mented, or in which any military expedition or enterprise is begun or set ' on foot, contrary to the provisions and prohibitions of this Title; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case iu which any process issuing out of any court of the United States is disobeyed or NEUTRALITY — ALIEN ENEMIES. 261 rt'sisted by any person liaving the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any suhjt'cts or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to the execution of the prohibitions and penalties of this Title, and to the lestoring of such prizes in the cases in which restoration shall be ad- judged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district, or people with whom the United ■States are at peace. Idem, s. 8. 18 Feb., 1875, v. 18, p. 320. Sec. 5288. It shall be lawful for the President, or such person as he e-^"'"^6&l)d^ shall empower for that purpose, to employ such part of the land or n'^t.™ naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in -all cases in which, by the laws of nations or the treaties of the United States, she ought not to remain within the United States. 20 April, 1818, s. 9, v. 3, p. 449. Sec. 5289. The owners or consignees of every armed vessel sailing (^''^^f^ZJa'^n out of the ports of the United States, belonging wholly or in part to olesrainoe. ■citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, con- ditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace. Idem, 8. 10. Sec. 5290. Theseveralcollectorsof the customs shall detain any ves- Detention by eel manifestly built for warlike purposes, and about to depart the United tofa|. ™ ° "™" States, the cargo of which principally consists of arms and munitions of war, wh.en the number of men shipped on board, or other circum- stances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by the preceding section. 20 April, 1818, s. 11, v. 3, p. 450. Sec. 5291. The provisions of this Title shall not be construed to ex- j^poDs^otlooof tend to any subject or citizen of any foreign prince, state, colony, dis- '* ' *' trict, or people who is transiently within the United S ates, and enlists or enters himself on board of any vessel of war, letter of marque, orpri- vateer, which at the time of its arrival within theiUnited States was fitted and equipped as such, or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district, or people, on board such ves- sel of war, letter of marque, or privateer, if the United States shall then be at peace with such ibreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States. Idem, ss. 2, 13, v. 3, pp. 448, 450. 27 Feb., 1877, V. 19, p. 252. Notes. — An officer of the Navy has no right, without express direction from his Government, to enter tbe territory of a country at peace with the United States and seize property there claimed by citizens of the United States. Ap- Slication for redress should be made to the judicial tribunals of the country. — adwalader'8 State Depai'tment Digest, p. 219, cites 2 Paine, 324. A revolutionary party like a foreign belligerent party, is supreme over the country it conquers, as far and as long as its anns can carry and maintain it. — Op. JX, 140, Black, May 15, 1858. 262 NEUTRALITY ALIEN ENEMIES. By tlie law of nations ODe Government cannot enter npon the territories oT ^ another, or claim any right whatever therein, for if this be done hy force it i» an usurpation, and if it bo donohy any underhand bargaining with individuala, who havp not the explicit consentof their Government, it is mean and unfair, — Op. IX, 286, Black, March 14, 1859. One Datifin cannot execute the penal laws of another, and consequently a for- eign vessel engage'l in the slave trade cannot lawfully be captured by an Ameri- can cruisiir. The African slave-trade is not contrary to the law of nations. — Cadwalnder's Stato Di-pai-tment JDigeet, p. 217, cites 10 Wheaton, 66. The United States cannot purchase a grr t of land in, or concession of a right of way over, the terntories of another na i as could an individual or private corporation, since by the law of nations or ^ 'tvp.rnment cannot enter upon th& territory of another, or claim any right \. <: ^r therein. — Cadwalader's Di- gest, p. 218, cites Op. IX, 286. The right of search does not exist in time of peace. A cruiser of one nation has the Yi'^hi to kn jw the national chRracter of any strai.ge ship she may meet at sea, hut the right is not a perfect ore. The 'right of inquiry has weil defined limitations: 1. luquiiing ship must put up his own cohtra, or in some way mak& himsilf fully knnwn, hi fore he can lawfully demand buch knowledge from the other vessel. 2. If refused, may fire hlan^' shot or cartridge. 3. If still re- fused, a shotted gun may be fired across hov. ' by way of positive summons. 4. Any furlber nieasui u must be at the peril of the inquiring vessel. Jf stranger is airested, injurerl. or captured, and proves not a pirate, hut has a lawful right to navigate the seas, the injury must be atoned for. The right of a public ship to liail or speak a stiautier, is in all respects analogous thereto, and must be exercised within the same limits. 5. The answer by words or by hoisting flag must be taken as true. Cannot be Stopped, visite.d, or searched. 6. Th* right of iuquiry can be exercised only on the high seas. No naval officer has a right to go into the harbor of a nation with which his Government is at peace, to inquue mto the nationality of a vessel Ij'ing there. — Op- IX, p. 456, Black, July 28, 186U. Case of the "Grencral Miramou." Ships of war enjoy the full i ights of exterritoriality in foreign ports and terri- torial waters. M( rchant ships are a yjart of the territory of their country, .ind and are so treated on the high seas, and partially, but not wholly so, while in territorial waters of a f reign country. Crimes committed on board ship on the. hij;h seas, are triaiile in the couutry to which she belongs. In port the local authority has jurisdictionof acta commiited on board of a foreign merchant shl^, §ro\ided those acts affect the peace of the port, bnt not otherwise; anditsjuris- iction does not extend to acts inti-mal to the ship or transpiring on the high seas. The authority of the ship's country, in these cases, is not taken away by the fact thSt the actoj s are foreignersprm'ided they be of the crew or passenger* of the ship. The local authority has right to enter on board a foreign merchant- man in port for the purpose of inquiry universally — ^hut for the purpose of arrest only in matters within its ascertained jurisdiction.— Op. VIII, 73, Cusbing, Sept, 5. 1856. '•JKTeutrals may lawfully sell at home to a belligerent purchaser, or carry themselves to the belligerent powers contraband articles subject to the right of seizure in transitu. The right of the neutral to transport, and of the hostile power to seize, are coudicting rights, and neither party can charge the other with criminal act." (1 Kent's Com., p. 142.) "There is nothing in our laws,, or in the law ol nations, that forbid our citizens from sending armed vessels a* well as munitions of war to foieign ports for sale. It is a commercial venture- which no nation is bound to prohibit, and which only exposes the peTsons en- gaged in it to the penalty of confiscation." (7 Wheaton, 340.) Citea in Op. XL p. 4U8, Dec. 23, 1865, Speed. INTERNATIONAL CONVENTION — AMELIORATION OF WOUNDED, ETC. Convention between the United States, Baden, Switzerland, Belgiunv Denmark, Spain, France, Hesse, Italy, Netherlands, Portugal, Prussia, "WUrtemberg, Sweden, Greece, Great Britain, Mecklenberg-Scliwerin^, Turkey, Bavaria, Austria, Persia, Salvador, Montenegro, Servia, Bo- livia, Chili, Argentine Republic, and Peru; with additional articles; for the amelioration of the wounded in armies in the field ; concluded August 22, 1^64; acceded by the President March 1, 1882; accession concurred in by the Senate March 16, 1882 ; proclaimed as to the orig- inal convention, but with reserve as to the additional articles, July 26. 1882. HoB-pitals and ARTICLE I. Ambulances and military hospitals shall be acknowledged: S^kOTToMded *** ^^ neuter, and, as such, shall be protected and respected by bellig- &o. ' erents so long as any sick or wounded may be therein. Exception. Such neutrality shall cease if the ambulances or hospitals should be held by a military force. Employes, &o., ART. II. Persons employed in hospitals and ambulances, comprising^ reacted as neu- the stafi" for superiutendence, medical service, administration, transport of wounded, as well as chaplains, shallparticipatein the benefit of neu- trality, whilst so employed, and so long as there remain any wounded to bring in or to succor. Employes, &o., ART. III. The persons designated in the preceding article may, even protected by oo- after occupation by the enemy, continue to fulfil their duties in th© oupying forces, hospital or ambulance which they serve, or may withdraw in order to- rejoin the corps to which they belong. NEUTRALITY ALIEN ENEMIES. 263 Under such circumstances, when these persons shall cease from their functions, they shall be delivered by the occupying army to the out- posts of the enemy. Art. IV. As the equipment of military hospitals remains subject to Employes in the laws of war, persons attached to such hospitals cannot, in with- lospitaU to take drawing, carry away any articles but such as are their private prop- fJ^o^gj^P ''^^1* erty. Under the same circumstances, an ambulance shall, on the contrary, retain its equipment. Art. V. Inhabitants of the country who may bring help to the Persons serv wounded shall be respected, and shall remain free. The generals of j^S^^.^'™"''®* the belligerent Powers shall make it their care to inform the inbabit- *° ™'°*™ """■ ants of tlie appeal addressed to their humanity, and of the neutrality which will be the consequence of it. Any wounded man entertained and taken care of in a house shall be Honses where considered as a protection thereto. Any inhabitant who shall have t^e -wounded are entertained wounded men in his house shall be exempted from the protected! quartering of troops, as well as from a part of the contributions of war Exeraptionsfor which may be imposed. care of wonnded. Art. VI. Wounded or sick soldiers shall be entertained and taken Soldiers sick or care of, to whatever nation they may belong. wonnded to be cared for. Commanders-in-chief shall have the power to deliver immediately to „?llud^ JZ "^ the outposts of the enemy soldiers who have been wounded in an en- ^ ' gagement, when circumstances permit this to be done, and with the consent of both parties. Those who are recognized after their wounds are healed, as incapable Soldiers inca- of serving, shall be sent back to their country. paoitated for ° ■' service to be sent home. The others may also be seat back, on condition of not again bearing Conditio n s of arms during the continuance of the war. retnrn. Evacuations, together with the persons under whose directions they Evaonatlons, take place, shall be protected by an absolute neutrality. &c., to have ab- Art. VII. A distinctive and uniform flag shall be adopted for hospi- Hospital am bu- t»ls, ambulances, and evacuations. It must, on every occasion, be ac- atlra'^g &(f"° companied by the national flag. An arm-badge (brassard) shall also Arm-badge, be allowed for individuals neutralized, but the delivery thereof shall be left to military authority. The flag and the arm-badge shall bear a red cross on a white ground. I'lag a»3 arm- badge to bear red cross, &G. Art. VIII. The details of execution of the present convention shall , Execution of be regulated by the commanders-in-chief of belligerent armies, accord- ji^^, °° conven- ing to the instructions of their respective Governments, and in conform- ity with the general principles laid down in this convention. Additional Articles. Article I. The persons designated in Article II of the Convention Rights of em shall, after the occupation by the enemy, continue to fulfil their duties, P^®''*?', *"■' ' " according to their wants, to the sick and wounded in the ambulance or ^^^^1 "' *™" the hospital which they serve. When they request to withdraw, the commander of the occupying troops shall fix the time of departure, which he shall only be allowed to delay for a short tinie in case of mil- itary necessity. Art. II. Arrangements will have to be made by the belligerent pow- Salary of nen- ers to insure to the neutralized person, fallen into the hands of the army t™^'- &c-, when of the enemy, the entire enjoyment of his salary. inenemy shanda. Art III. Under the conditions provided for in Articles I and IV of Definition o f the Convention, the name " ambulance" applies to field hospitals and the term "ambn- other temporary establishments, which follow the troops on the field of'™"®' battle to receive the sick and wounded. Art. IV. In conformity with the spirit of Article V of the Conven- '^^'^^^-"^ '" j. tion, and to the reservations contained in the protocol of 1864, it is ex- troops? "n^^oon- plained that for the 'appointment of the charges relative to the quar- tributions, &o. tering of troops, and of the contributions of war, account only shall be taken in an equitable manner of the charitable zeal displayed by the inhabitants. 264 NEUTRALITY ALIEN ENEMIES. "Wonnded to be Aet. V. In addition to Article VI of the Convention, it is stipulated retamedto their that, with the reservation of officers whose detention might be impor- country on condi- ^ant to the fate of arras and within the limits fixed by the second para- beTrtoe™™rS graph of that article, the wounded fallen into the hands of the enemy the war. shall he sent back to their country, after they are cured, or sooner if possible, on condition, nevertheless, of not again bearing arms during the continuance of the war. [Articles concerning the Marine.'] Boats picking ART. VI. The boats which, at their own risk and peril, during and np the ship- after an engagement pick up the shipwrecked or wounded, or which ^"^^d d^iS? ""^liaving picked them up, convey them on board a neutra,l or hospital wonn e , o. gjjjp^ shall enjoy, until the accomplishment of their mission, the char- acter of neutrality, as far as the circumstances of the engagement and the position of the ships engaged will permit. The appreciation of these circumstances is intrusted to the humanity of all the combatants. The wrecked and wounded thus picked and saved must not serve again during the continuance of the war. Religions, med- ART. VII. The religious, medical, and hospital staft of any captured ioal, and hospital vessel are declared neutral, and, on leaving the ship, may remove the vessef dMlared articles and surgical instruments which are their private property. -neutral. Duties of staff ART. VIII. The staff designated in the preceding article must con- officers, &e. tinue to fulfill their functions in the captured ship, assisting in the re- moval of the wounded made by the victorious party ; they will then be at liberty to return to their country, in conformity with the second paragraph of the first additional article. Pay and allow. The stipulations of the second additional article are applicable to the ance of staff. pay and allowance of the staff. Captured hos- -ART. IX. The militaryhospital ships remain under martial law in all pital ships to re- that concerns their stores ; they become the property of the captor, but main under mar- the latter must not divert them from their special appropriation during tial law, &c. the continuance of the war. *lTl^e vessels not equipped for fighting, which, during peace, the govern- ment shall have officially declared to be intended to serve as floating hospital ships, shall, however, enjoy during the war complete neutrality, both as re- gards stores, and also as regards their staff, provided their equipment is ex- clusively appropriated to the special service on which they are employed. ] Merchant ves- Art. X. Any merchantman, to whatever nation she may belong, sals performing charged exclusively with removal of sick and wounded, is protected hospital duty to by neutrality, but the mere fact, noted on the ship's books, of the ves- neutral^o *^ ^^^ having been visited by an enemy's cruiser, renders the sick and woundedincapableof serving during the continuance of the war. The cruiser shall even have the right of putting on board an officer in order to accompany the convoy, and thus verify the good faith of the opera- tion. Cargo of mer- If the merchant ship also carries a cargo, her neutrality will still chant ship pro- protect it, provided that such cargo is not of a nature to be confiscated OTovlsJ ■^^^''' l)y tlie belligerents. Eightof bellig- "^^^ belligerents retain the right to interdict neutralized vessels from erents. all communication, and from any course which they may deem prejudi- cial to the secrecy of their operations. In urgent cases special conven- tions may be entered into between commanders-in-chief, in order to neutralize temporarily and in a special manner the vessels intendedfor the removal of the sick and wounded. Wounded or Aet. XI. Wounded or sick sailors and soldiers, when embarked, to aiok sailors and whatever nation they may belong, shall be protected and taken care of «^di«-8^^whenty their captors. Eeturn to'^iia- Their return to their own country is subject to the provisions of Ar- tire coantry. tide A''I of the Convention, and of the additional Article V. *Iu the pulplished English t«xt, from which this version of the Additional Articles ia taken, ^he paragraph thus marked in brackets appears in continuation of Article IX. It is not, however, found in the original French text adopted by the Geneva Couferenoe, October 20, 1868. By an instruction sent to the United States minister at Berne, January 20, 1883, the right is reserved to orait this paragraph from the English text, and to make any other nei^essary corrections, if at any time hereafter the Additional A rticlos sh.all be completed by the exchange of the ra'tifications lieveof between the several signatory and adhering powers. NEUTRALITY ALIEN ENEMIES. 265 Art. XII. The distinctive flag to be used witli the national flag, in White flag with order to indicate any vessel or boat which may claim the benefits of ^^^'^ "by^ vessels neutrality, in virtue of the principles of this Convention, is a white flag claiming neatral- •with a red cross. The belligerents may exercise in this respect anyity. mode of verification which they may deem necessary. Military hospital ships shall be distinguished by being painted white Military ho s- ontside, with green strake. , ^S.&o.'" Art. XIII. The hospital ships which are equipped at the expense of Hospital ships, the aid societies, recognized by the governments signing this Conven- *";! and staff to tion, and which are furnished with a commission emanating from'the ^^^j™* * asneu- soverelgn, who shall have given express authority for their being fitted out, and with a certificate from the proper naval authority that they have been placed under his control during their fitting out and on their final departure, and that they were then appropriated solely to the purpose of their mission, shall be considered neutral, as well as the whole of their staif. They shall be recognized and protected by the belligerents. They shall make themselves known by hoisting, together with their I"lag sign, ice. national flag, the white flag with a red cross. The distinctive mark of »' neutrality, their staff, while performing their duties, shall be an armlet of the same colors. The outer painting of these hospital ships shall be white with red strake. These ships shall bear aid and assistance to the wounded and wrecked Aid and assist- belligerents, without distinction of nationality. aSd^merkS^h^ They must take care not to interfere in any way with the movements yggpOT™, with- of the combatants. During and after the battle they must do their out distinction of duty at their own risk and peril. nationality. The belligerents shall have the right of controlling and visiting them; Eights of bel- they will be at liberty to refuse their assistance, to order them to de- l'g?'^''nt3 to con- part, and to detain them if the exigencies of the case require such a gexg*^;,.^'*^ ™*' step. The wounded and wrecked picked up by these ships cannot be re- "Wounded Mid claimed by either of the^oombatants, and they will be required not to „ ^"^5" cannot aerve during the continuance of the war. be'reolaimed. Art. XIV. In naval wars any strong presumption that either belliger- Eight of bellig- ent takes advantage of the benefits of neutrality, with any other view erents to suspend than the interest of the sick and wounded, gives to the other belliger- Convention, &e. «nt, until proof to the contrary, the right of suspending the Convention, as regards such belligerent. Should this presumption become a certainty, notice may be given to Notice of sus- such belligerent that the Convention is suspended with regard to him pension of Con- J - J.. '^ T. 1 A- J? ii vention, &c., ■during the whole continuance ot.tne war. ^,^ given. to ALIEN ENEMIES. Sec. 4067. Removal of alien enemies. 4068 Time for removal. 4069. Jurisdiction of United States courts over alien enemies. Sec. 4070. Duties of marshals in removing alien mies. Title 47. Sec. 4067. Whenever there is a declared war between the United States and any foreign nation o]» government, or any invasion or preda- Removal o f tory incursion is pepretrated, attempted, or threatened against the ter- alien enemies, ritory of the United States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upward, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed, as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct tha conduct to be observed, on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases., and upon what security their residence shall be per- mitted, and to provide for the rennoval of those who, not being per- mitted to reside within the United States, refuse or neglect to depart therefrom ; and to est ablish any otber regulations which are found necessary in the premises and for the pnlilic safety. 6 July, 1798, s. 1, v. 1, p. 577. 266 PATENTS AND PATENTED ARTICLES. Time for re- Sec. 406R. When an alien who becomes liable as an enemy, in th© moral. manner prescribed in the preceding section, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and eflfects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United Strttes and the hostile nation or government of which he is a native citizen, denizen, or sub- ject ; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and ac< or.liug to the dictates of humanity and national hospitality. 6 July, 1812, chap. 130, v. 2, p. 781. Jnrisdiction of SEC. 4069. After any such proclamation has been made, the several Uniti'd statesconrtsof the United States, having criminal jurisdiction, and the several enemfer'*"^ *"*'' justices and jndges of the courts of the United States, are authorized, and it shall be their duty, upon complaint against any alien enemy resi- dent and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have estab- lished, ti) cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order sach alien to be removed ont of the territory of the United States, or to give sureties for his good behavior, or to be otherwise restrained, confor- mably to the proclamation or regulations established as aforesaid, and to iirprison, or otherwise secure such alien, until the order which may be so made shall be performed. 6 July, 1798, s. 2, V. 1, p. 577. Duties of mar- Sec. 4070. When an alien enemy is required by the President, or by alien enondcJ"'^*'"^^'^ "^ ^"'^ court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor, and to execute sach order in person, or by his deputy, or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for' such removal the marshal shall have the warrant of the Presi- dent, or of the court, judge, or justice ordering the same, as the case may be. Ibid., B. 3, p. 578. PATENTS AND PATENTED ARTICLES. Sec. 1537. Patent articles for mairine engines. 4880. Inventions patentable. Sec. 4887. Patents for inventions previously patentoiB- abroad. Patents without fees in certain cases. Ti tle 15, Chap. 6. Sbc. 1537. No patented article connected with marine engines shall Patented arti- li^reafter be purchased or used in connection with any steam-vessels of c^es connected '^^^ "iitil ^^^ same shall have been submitted to a competent board of with marine en- naval engineers, and recommended by such board, in writing, for pur- gines. chase and use. 18 July, 1861, 8. 3, v. 12, p 268. Title 00, Chap. 1. Sec. 4886. Any person who has invented or discovered any new an* Inventions oat "^^'"^ ^^'"' machine, manufacture or composition of matter, or any entable. °^^ *°d useful improvement thereof, not known or used bv others itt. this country, and not patented or described in any printed publication- in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to hi» application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings- had, obtain a patent therefor. 8 July, 1870, 8. 24, v. 16, p. 201. Patents for in- Sec. 4'^87. No person shall be debarred from receiving a patent for ODsl'v "patented ^^^ ii'ventiou or discovery, nor shall any patent be declared invalid, by abroad. reason of its having been first patented or caused to be patented in a foreign country, unless the same has been introduced into public usa PENSIONS. 26T in the United States for more than two years prior to the application. But every patent granted for an invention which has been previously patented in a foreign country shall be so limited as to expire at the eame time with the foreign patent, or, if there be more than one, at the eame time with the one having the shortest term, and in no case shall it be in force more than seventeen years. 8 July, 1870, 5. 25, v. 16, p. 201. The Secretary of the Interior and the Commissioner of Patents are 3 Mar., 1883. authorized to grant any officer of the government, except officers and p.+enta witk employees of the Patent Office, a patent for any invention of the classes ont fees in oer mentioned in section forty-eight hundred and eighty six of the Eevised tain oases. Statutes, when such invention is used or to be used in the public serv- ice, without the payment of any fee: Provided, That the applicant in his application shall state that the invention described therein, if pat- ented, may be used by the government or any of its officers or em- ployees in the prosecution of work for the government, or by any other person in the United States, without the payment to him of any royalty thereon, which stipulation shall be included in the patent. 3 March, 1883, v. 22, p. 625. KoTES.— Whore proposals are invited for an article, and one of the hidders claims that he has a patent on it, the contract should not he awarded to any other unless satisfactory evidence is furnished that the other (not the patentee) has authority from the patentee to manufacture and sell it. — Op. XV, 26, July 23, 1875, Pierrepont. An official in the military service not specially employed to make experime^t3 may devise new and useful improvements in arms, tents, and war material, and will be entitled to the benefits of iiis inventions and to letters patent therefor equally with any other citizen. — C. C, VII, 219 ; Wallace 12, p. 236. Where a contract between a patentee and the Government for the use of an invention provides that it may be determined by notice from the patentee, the Government can determine it only by discontinuing its use. — C. C.,IV, p. 113. Affirmed by Supreme Court. See Holt's Digest, p. 88 and p. 112, for discussion of the rights of Government employes to compensation for the use of their in- ventions by the Government. PENSIONS. Sec, 46!12. 4694. 4695. 4696. Sec. 4703. Increased pension to widows, &c. 4712. Provisions of pension laws extended. 4713. Commencement of pensions for prior wars. 4724. Both pension and nay not allowed, nnlem^' &c. - 4728. ISTavy pensions. 4729. Naval pensions to widows and children. 4756. } Service pensions. 4757. 5 Sea-pension fun ds. Who may have pensions. Classes enumerated. Pensions for wounds received or diseases contracted only in line of duty, &c- Kates of pension for total disability. Pension according to ranli. 4698^. Increase of pensions. 4699. Pension for disability not otherwise pro- vided for. 4702. Pensions to widows, or to children under sixteen years, &c. Sbc. 4692. Every person specified in the several classes enumerated in Title ST. the following section, who has been, since the fourth day of March, who may hav» eighteen hundred and sixty-one, or who is hereafter disabled under the pensions, conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in -such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of penson is expressly provided, an amount proportionate to that provided for total disability ; and such pension shall commence as hereinafter provided, and continue during ths existence of the disability. 3 March, 1873, 8. 1, v. 17, p. 566. 6 June, 1874, V. 18, p. 61. 3 March, 1877, v. 19, p. 403. Sec. 4693. The persons entitled as beneficiaries under the preceding Classes e n a - section are as follows : merated. First. Any officer of the Army, including regulars, volunteers, and Officers of Ar- militia, or any officer in the Navy or Marine Corps, or any enlisted man, ™y, ™.'l ^''^' however employed, in the military or naval service of the United States, a™ enlisted mea^ or in its Marine Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty. 268 PENSIONS. Master, &c., Second. Any master serving on a gun-boat, or any pilot, engineer serviiig on snn- gailor, or other person not regularly mustered, serving upon any gnu- coat, iSc. boat or war-vessel of the United States, disabled by any wound or in- jury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Voltmt^rs,iiot Third. Any person not an enlisted soldier in the Army, serving for the •emisted, &o. ^^^^^ being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any en- gagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or non-enlisted person, on account of disa^ bility from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Acting assist- Fourth. Any acting assistant or contract surgeon disabled by any ;ant surgeon, &c. wound or inj ury received or disease contracted in the line of duty while actually performing the duties of assistant siirgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. ProTOBt-mar- Fifth. Any provost-marshal, deputy provost-marshal, or enrolling- jshal, &c. oflScer disabled, by reason of any wound or injury, received in the dis- charge of his duty, to procure a subsistence by manual labor. 3 March, 1873, s. 1, v., 17, p. 566. 3 March, 1877, v. 19, p. 403. Pensions for Sec. 4694. No person shall be entitled to a pension by reason of womds received grounds or injury received or disease contracted in the service of the traoted mly"'Si United States subsequent to the twenty-seventh day of July, eighteen line of duty, &c. hundred and sixty-eight, unless the person who was wounded, or injured, or contracted the disease was in the line of duty; and, if in the military service, was at the time actually in tlie field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison ; or, if in the naval service , was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent au- thority, to the United States, or to some otber vessel or naval station, or hospital. [See §5 4756,4757, Pension Funds, as to Service Pen- sions. ] 3 March, 1873, s. 1, v. 17, p. 567. Eates of pen- Seo. 4695. The pension for total disability shall be as folio ws, namely : Shmw^ ^°^ lieutenant-colonel and all officers of higher rank in the military ^' service and in the Marine Corps, and for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, re- spectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty dollars per month; for major in the military service and in the Marine Corps, and lienteu- ant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month ; for captain in the military service and in the Marine Corps, chaplain in the Army, and provost-marshal, pro- fessor of mathematics, master, assistant surgeon, assistant paymaster, and chaplain in the naval service, twenty dollars per month ; for first lieutenant in the military service and in the Marin^ Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps * « * ensign, and pilot in the naval service, and en- rolling officer, fifteen dollars per month; for cadet midshipman, passed midshipman, midshipmen, clerks of admirals and paymasters and of other officers commanding vessels, ' * * master's mate, and all warrant officers in the naval service, ten dollars per month ; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters," pilots, engineers, sailors, and crews upon the gun-boats and war-vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service. rSeeM699.] 3 March, 1873, s. 2, v. 17, p. 567. PENSIONS. BS^' The peneion for total disaliflity of passed assistant engineers, assist- March 3, 1877. ant engineers, and cadet engineers in the naval service, respectively. shall be the same as the pensions allowed to officers of the line in the to'^p*assed?M8i8r naval service -with whom they have relative rank. ant and cadet en- 3 Marcb, 1877, v. 19, p. 403. gineera. Sec. 4696. Every commissioned officer of the Army, Navy, or Marine Title 57. Corps shall receive snch and only such pension as is provided in the pension aooord- preceding section, for the rank he held at the ;time he received the jng to rank, injury or contracted the disease which resulted in the disability, on account of which he may be entitled to a pension; and any commission or presidential appointment, regularly issued to such person, shall be taken to determine his rank from and after the date, as given in the body of the commission or appointment conferring said rank : Provided, That a vacancy existed in the rank thereby conferred ; that the person, commissioned was not disabled for military duty; and that he did not willfully neglect or refuse to be mustered. 3 March, 1873, s. 2, v. 17, p. 567. Note. — The rank of soldiers at time of disability governs rate of pension. Hank nnder a commission dated after the contraction of disability does not fix rate not conferred by a commission unless a vacancy existed in snch rank. Pension of widow to be rated according to rank of husband at the time he re- ceived the injury which resulted in the fatal disease. — ^Pension Office Digest. Sec. 4698^. Except in cases of permanent specific disabilities, no in- Increase ot crease of pension shall be allowed to commence prior to the date of the pensions, examining surgeon's certificate establishing the same made under the pending claim for increase ; and in this, as well as all other cases, the certificate of an examining surgeon, or of a board of examining sur- geons, shall be subject to the approval of the Commissioner of Pensions. 3 March, 1873, 8. 4, v. 17, p. 569. 18 June, 1874, ch. 298, v. 18, p. 78. Sec. 4699. The rate of eighteen dollars per month maybe proper- ,.-^^^'??^ ^"^ tionally divided for any degree of disability established for which sec- „J^gj^5g pro- tion forty-six hundred and ninty-five makes no provision. vided for. 3 March, 1873, a. 5, v. 17, p. 560. Sec. 4702. If any person embraced within the provisions of sections Pensios to- forty-six hundred and ninety-two and forty-six hundred and ninety- ^^^^^J^ ''^" three has died since the fourth day of March, eighteen hundred and teen years, &c. sixty-one, or hereafter dies by reason of any wound, injury, or disease, which, under the conditions and limitations of such sections, would have entitled him to an Invalid pension had he been disabled, his widow, or if there be no widow, or in case of her death, without pay- ment to her of any part of the pension hereinafter mentioned, his child or children, under sixteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, to continue to the widow during her widowhood, and to his child or children until they severally attain the age of sixteen years, and no longer ; and, if the widow remarry, the child or children shall be entitled from the date of remarriage. IMd., o. 8. Sec. 4703. The pensions of widows shall be increased from and after Increased pen- the twenty-fifth day of July, eighteen hundreil and sixty-six at the rate ^™ *" widows, of two dollars per month for each child under the age of sixteen years, of the husband on account of whose death the claim has been, or shall be, granted. And in every case in which the deceased husband has left, or shall leave, no widow, or where his widow has died or married again, or where she has been deprived of her pension under the provisions of the pension law, the pension granted to such child or children shall be increased to the same amount per month that would be allowed under the foregoing provisions to the widow, if living and entitled to a pen- sion: Provided, That the additional pension herein granted to the widow on account of the child or children of the husband by a former wife shall be paid to her only for such period of her widowhood as she has been, or shall be, charged with the maintenance of such child or chil- dren ; for any period during which she has not been, or she shall not be, so charged,' it shall be granted and paid to the guardian of such child or children : Provided further, That a widow or guardian to whom 270 PENSIONS. increase of pension has been, or shall hereafter be, granted on account of minor children, shall not be deprived thereof by reason of their being maintained in whole or in part at the expense of a State or the public in any educational institution, or in any institution organized for the care of soldier's orphans. Ibid., s. 9. Provisions of Sec. 4712. The provisions of this Title in respect to the rates of pen- l)ension laws ex- ^^^^^ ^^ persons whose right accrued since the fourth day of March, eight- tended, &c. ^^^ hundred and sixty-one, are extended to pensioners whose right to pension accrued under general acts passed since the war of the Revolu- tion and prior to the fourth day of March, eighteen hundred and sixty- one, to take effect from and after the twenty-fifth day of July, eighteen hundred and sixty-six; and the widows of revolutionary soldiers and sailors receiving a less sum shall be paid at the i ate of eight dollars per month from and after the twenty-seventh day of July, eighteen hundred and silsty-eight. 3 March, 1873, s. 18, v. 17, p. 569. Commencement gBC. 4713. In all cases in which the eause of disability or death origi- •f _ pensions for jjated in the service prior to the fourth day of March, eighteen hundred pnorwars. ^^^ sixty-one, and an application for pension shall not have been filed within three years from the discharge or death of the person on whose account the claim is made, or within three years of the termination of a pension previously granted on accuunt of the service and death of the same person, the pension shall commence from the date of filing by the party prosecuting the claim the last paper- requisite to establish the same. But no claim allowed prior to the sixth day of June, eighteeu hundred and sixty-six, shall be affected by anything herein contained. JiJem., s. 19,p. 573. Botli pension Sec. 4724. No person in the Army, Navy, or Marine Corps shall draw and pay not al-|,p^.jj ^ pension as an invalid, and the pay of his rank or station in the ]owed,nnles8,&c. gg^yj^g^ unless the disability for which the pension was granted be such as to occasion his employment in a lower grade, or in the civil branch of the service. 30 April, 1844, V. 5, p. 657. 16 Aug, 1841, s. 2, V. 5, p. 440. Note— The object of the proviso in the act of 1844 (Sec. 4724 K. S.) was to prohibit the payment to any one aerviog in the Army. Navy, or Marine Corps of both pay and pension, except where tlie disability for which the pension is allowed is such as to have, occasioned his employment in a lower ^rade or some civil branch of the service.— Op. XIV, p. 94, Aug. 8, 1872, Williams. See also, IV, p. 687, V, p. 51, VI, 718. Navy pensions. Sec. 4728. If any officer, warrant or petty officer, seaman, engineer, first, second, or third assistant engineer, fireman or coal-heaver of the Navy or any marine has been disabled prior to the fourth day of March eighteen hundred and sixty-one by reason of any injury received or dis- ease contracted in the service and line of duty, he shall beentitled to receive during the continuance of his disability a pension proportionate to the degree of his disability not exceeding half the monthly pay o£ his rank as it existed in January eighteen hundred and thirty-fi ve. But the pension of a chief-engineer shall be the same as that of a lieutenant of the Navy ; the ppnsion of a first as.sistant engineer the same as that of a lieutenant of marines ; the pension of a second or third assistant engineer the same as that of a forward officer ; the pension of a fireman or coal-heaver the same as that of a seaman ; but an engineer, tireirian or coal-heaver shall not be entitled to any pension by reason of a disa- bility iucuried prior to the thirty-first day of August eighteen hundred and forty-two. 11 Aug., 1848, ss. 2, 3, v. 9,j. 283. Navalpensions Sbc. 4729. If any person referred to in the preceding section has died to widows and in the service, of injury received or disease contracted under the condi- children. tions therein stated, his widow shall beentitled to receive half the monthly pay to which the deceased was entitled at the date of his death ; and in case of her death or marriage, the child or children under sixteen years of age shall be entitled to the pension. But the rate of pension herein allowed shall be governed by the pay of the Navy as it existed in January, eighteen hundred and thirty-five; and the pension of the widow of a chief engineer shall be the same as that of a widow of a lieutenant in the Navy ; the pension of the widow of a first assist- PENSIONS. 271 ant engineer shall be the same as that of the widow of a lieutenant of marines; the pension of the widow of a second or third assistant engi- neer the same as that of the widow of a forward officer; the pension of the widow of a fireman or coal-heaver shall be the Mame as that, of the widow of a seaman. But the rate of pension prescribed by this and the preceding section shall be varied from and after the tw'enty-lifl.h day of July, eighteen hundred and sixty- six, in accordance with the provisions of section four thousand seven hundred and twelve of this Title; and the widow of an engineer, fireman, or coal-heaver shall not be entitled to any pension by reason of the death of her husband if his death was prior to the thirty-first day of August, eighteen hundred and forty-two. [See March 3, 1877, following.] 11 Aug., 1848, ss. 1, 2, 3, V. 9, p. 283. IfOTE. — ^From and afterthepassa^^e of this act, the pension for total disability of passed assistant en^neers, assistant en^neers, and cadet en^uf ors in the naval service, respectively, shall be the same as the pensions allowed to officers of the line in the naval service with whom they have relative rank. — 3 March, 1877, V. 19, p. 403. RATES FIXED BY LAW FOR TOTAL DISABILITY. Navy and Marine Corps, Month. Captain and all officers of higher rank; commander; lieutenant commanding and master commanding ; surgeon, paymaster and chief engineer ranking with commander by law; lieutenant col- onel and all of higher rank in the Marine Corps $30 Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief engineer ranking with lieutenant by law, and major in Marine Corps 25 Master, professor of mathematics, assistant surgeon, paymaster and chaplain, and captain in the Marine Corps 20 First lieutenant in the Marine Corps 17 First assistant engineer, ensign and pilot, and second lieutenant in the Marine Corps 15 Cadet midshipman, passed midsh'pman, midshipman, clerks of ad- mirals, paymasters, and of officers commanding vessels, second and third sasistant engineers, masters, mates and warrant officers. 10 All enlisted men except warrant officers 8 Pension Office Digest of Laws, 1881, p. 231. Kates and disabilities specified by law. I an BX fcoD H s S h h I.0S8 of both hands $25 00 Loss of both feet 20 90 Loss of both eyes 25 00 Loss of an eye, the sight of the other previonsly lost Loss of 1 hand and 1 foot Total disability in Ihandand Ifoot Loss of a band or a foot Totally or permanently disabled In same Ampntation at or above elbow or knee Amputation at hip-joint Inability to perform manual labor. Ditto— eqasi to lossof hand or foot Begnlar aid and attendance . . . Total disability in both hands . $20 00 $31 25 $50 00 31 25 50 00 31 25 SO 00 $25 00 20 00 15 00 31 25 24 00 24 00 18 00 15 00 15 00 20 00 18 00 18 00 24 00 25 00 2S 001 31 25 31 25 SO 00 $36 op 36 00 $72 00 72 00 72 00 72 00 24 00 24 00 $37 50 50 00 50 00 >it Sl-3 24 00 «4 00 30 00 24 00 Note. — Thematterinheavy-faoedtypehasbeauinsertediuthefoiegoingtable to meet recent legisla- tion. 272 PENSION FUNDS. \f Pension Office for certain disabilities not specified "by ^aw. Loss of an eye ■ one-balf. Loss of a thumb one-halt. Loss ofan index finger tliree-eighths. Lossofafinger one-fonrth. Loss of a toe one-fourth. Loss of a great toe one-halt. Inguinal hernia - one-halt. Double inguinal hernia three-tourths^ Anchylosis of elbow joint total. Pension Office Digest of Laws, 1881, p. 232. Notes.— For total deafness, or deafness approaching to total, affecting one ear one-eighth of a pension may be allowed. Tor sliffht deafness in both ears, or severe or total deafness in one ear and slight deafness in the other, one-fourth of a total pension. For severe deafness of both ears, or total deafness in one ear and serere deafness in the other, one-half of a total pension ; or if the deaf- ness should exist in a degree nearly total, three-fourths of a total pension. For total deafness the pension for total disability should be allowed except in the cases for which the rate for total disability is less than $13 a month.— Pension Office Digest, p. 146. ^^ ^ .^ _. Desertion of a soldier is a bar to widow's claim to pension. No bar if soldier returned to service and was killed in the line of duty ; nor, if from a former term of service and the soldier was honorably discharged. From prior service to that for which pension is claimed in war of the rebellion no bar to pension. — Pension Office Digest, p. 150. ^ , ,. ^ When an officer of the Navy dies of disease contracted while on the retired list his widow is not entitled to a pension. Idem, p. 158. ' ' Specific " disability is such as is specified in the statutes. Iiynries requir- ing a medical examination to ascertain and declare their nature, and as to the effect of which there is room for a difference of opinion, are 'not specific disa- bilities.— Op. Atty. Genl. Devens, May 17, 1878, P. O. Digest, p. 154. Disability to be pensionable must be of such a character and exist to such a degi-ee that it can be detected by the examining surgeon of the office. — P. O, Digest, p. 152. Disabuity not connected with a previous disease or injury received in service is not pensionable, even if soldier's health after discharge rendered him more hable to disease. Eesulting from carelessness, disregard of regulations, &c., not pensionable, nor if shown by surgeon's certificate to have existed prior ta enlistment. Cause of disability must have been contracted in the line of duty as well as in the service. Idem, pp. 152, 153. Dishonorable discharge does not foifeit soldier's right to pension. Date of actual discharge is the date to which paid. Idem, p. 154. A soldier traveling under orders, in any manner, is *' on the ma^oh," and in the line of dnty. Idem,, p. 158. When ' ' not in line of duty : " while on furlough ; while on leave to attend to private bnsiness; while violating any established Army regulationj while bath- ing, unless under orders to do so ; suicide, unless the result of insanity ; wrest- ling or scuffling with comrades; foraging, unless under orders, even if granted leave to do so ; while confined in a military prison on charge of desertion ; while nudergoing sentence of court-martial. — Pension Office Decisions, pp. 157, 160. Arrears of Pension. — Not due to an executor or administrator, if not applied for by a pensioner ; nor to a minor if never appUed for by the soldier ; nor to a widow during the period the soldier was living, when he made no apphcation therefor. — Pension Office Decisions, p. 187. PENSIOINT FUNDS. Sec. 4758. Secretary of Navy trustee of privateer pen* sion-fund. 4759. Privateer pension-fund, how derived. 4760. To be paid into Treasury, &c. 4761. Wounded, &o., privateersmen to be placed on pension-list. 4762. Commanding ofiGlcers of privateera to enter liaraes, &c., in a journal. 4763. Transcript of journals to be transmitted to Secretary of the Navy. Sec. 4750. Secretary of Navy trustee of Navy pension- fund. 4751. Penalties, how to be sued for, &-c. 4752. Prize-money accruing to United States to remain a fund for pensions. 4753. Naval pension-fund, how to be invested. 4764. Kate of interest on naval pension-fund. 4755. Naval pensions payable from fund. 4756. Pensions to disabled seamen and marines of twenty years' service. 4757. Pensions to disabled seamen and marines, ten years' sei-vice. Title 57, Sec. 4750. The Secretary of the Navy shall be trustee of the Navy Secretary of P^^«i«^-f^^^^- Navy trustee. 10 July, 1832, s. 1, v. 4, p. 572. Penalties, how Sbc. 4751. All penalties and forfeitures incurred under the provisions tobesuedfor, &c. ^f sections twenty-four hundred and sixty-one, twenty-four hundred and sixty-two, and twenty-four hundred and sixty-three, Title "The Public PENSION FUNDS. ' 273 liANDS," shall be sued for, recovered, distributed, and accounted for, under the directions of the Secretary of the Navy, and shall be paid •over, one-half to the informers, if any, or captors, whore seized, and the •other half to the Secretary of the Navy for the use of the Navy pension- fund ; and the Secretary is authorized to mitigate, in whole or in part, ■on such terms and conditions as he deems proper, by an order in writing, .flruy fine, penalty, or forfeiture so incurred. 2 March, 1831, ». 3, v. 4, p. 472. Sec. 4752. All money accruing or which has already accrued to the Prize-money United States from sale of prizes shall be and remain forever a fundforaoorning to the the payment of pensions to the officers, seamen, and marines who may J^^ato atodfor be entitled to receive the same ; and if such fund be insufficient for the penaiona. purpose, the public faith is pledged to make up the deficiency '; but if it should be more than sufficient the surplus shall be appUed to the making of further provision for the comfort of the disabled officers, sear mesL, and marines. [See } 4630, under Pkizk.] 17 July, 1862, a. 11, v. 12, p. 607. Sec. 4753. The Secretary of the Navy, as trustee of the naval pension- Ifaral pension- fund^ is directed to cause to be invested in the registered securities of ftmd, how to be •the United States, on the first day of January and the first day of July invested. of each year, so much of such fund then in the Treasury of the United States as may not be required for the payment of naval pensions for the then current fiscal year ; and upon the requisition of the Secretary, so much of the fund as may not be required for such payment of pensions accruing during the current fiscal year shall be held in the Treasury on the days above named in each year, subject to his order, for the purpose ■of such immediate investment ; and the interest .payable in coin upon the securities in which the fund may be invested, shall be so paid, when ■due, to the order of the Secretary of the Navy, and he is authorized and directed to exchange the amount of such interest when paid in coin, for fio much of the legal currency of the United States as may be obtained therefor ^t the current rates of premium on gold, and to deposit the interest so converted in the Treasury to the credit of the naval pension- fund ; bnit nothing herein contained shall be construed to interfere with the payment of naval pensions under the supervision of the Secretary ■of the Interior, as regulated by law. 1 July, 1864, Kes. 62, v. 13, p. 424. Sec. 4754. The interest on the naval pension-fund shall hereafter be Bate of interest at the rate of three per centum per annum in lawful money. on naval pension- 23 July, 1868, a. 2, v. 15, p. 170. ^""*- Sec. 4755. The Navy pensions shall be paid from the Navy pension- jf^-vv penaiona fund, but no payments shall be made therefrom except upon appropri-payabfe from ations authorized by Congress. fund. 11 July, 1870, T. 16, p. 222. 23 July, 1868, a. 2, v. 15, p. 170. 19 Jan., 1877, v. 19, p. ^4. Sec. 4756. There shall be paid out of the naval pension -fund to every Half-rating to person, who, from age or infirmity, is disabled from sea-service, but who disabled enlisted has served as an enlisted person in the Navy or Marine Corps for the persona serving period of twenty years, and not been discharged for misconduct, in lieu ^aTTr 'or^Marine of being provided with a home in the Naval Asylum, Philadelphia, if he co^. ' «o elects, a sum equal to one-half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the^irection of the Commissionei' of Pensions; and applications for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the .applicant comes within the provisions of this section, shall certify the same to the Commissioner of Fensior^s, and such certificate shall be his warrant for making payment as herein authorized. 2 March, 1867, a. 6, v. 14, p. 616. Sec. 4757. Every disabled person who has. served in the Navy or servingnotless Marine Corps as an enlisted man for a period not less than ten years, than ten years and not been discharged for misconduct, may apply to the Secretary of may receive what the Navy for aid from the surplus income of the naval pension-fund ; *'^' and the Secretary of the Navy is authorized to convene a board of not less than three navAl officers, one of whom shall be a surgeon, to examine . 11181 18 274 PENSION FUNDS. into the condition of the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy, and certificate thereof to the Commissioner of Pensions, the amount shall be paid in the same manner as is provided in the preceding section forthe payment to per- sons disabled by long service in the Navy ; hut no allowance so made shall exceed the rate of a pension for full disability corresponding to the grade of the applicant, nor, if in addition to a pension, exceed one- fourth the rate of such pension. IMd. Notes. — Pensions granted trader sections 4756 and 4757 are -wholly under con- trol of the Secietary of the Navy, to "whom applications should be made. The Pension Office also requires that 'claimants shall file an application, properly executed before a court of record, as an identification of the party whose claink has been adjudicated by the Navy Department. The rule now in force regarding these pensions, is that they will be considered as commencing on the date of filing the application in the Navy Department. See Pension Office Digest, p. 191. Secretary f Sec. 4758. The Secretary of the Navy shall be trustee of the privateer Navy trustee. pension-fund. 10 July, 1832, 8. 1, V. 4, p. 572. Privateer pen- Sbc. 4759. Two per centum on the net amount, after deducting all sion-fund, li o '"^ charges and expenditures, of the prize-money arising from captured derived. vessels and cargoes, and on the net amount of the salvage of vessels and cargoes recaptured by the private armed vessels of the United States, shall be secured and paid over to the collector or other chief officer of the customs at the port or place in the United States at which such captured or recaptured vessels may arrive; or to the consul or other public agent of the United States residing at the port or place, not within the United States, at which such captured of recaptured vessels may arrive. And the moneys arising therefrom are pledged by the Government of the United States as a fund for the support and maintenance of the widows and orphans of such persons as may be slain, and for the support and maintenance of such persons as may be wounded and disabled on board of the private armed vessels of the United States, in any engagement with the enemy, to be assigned and distributed in such manner as is or may be provided by law. 26 June, 1812, s. 17, v. 2, p. 763. To be paid into Sbc. 4760. The two per centum reserved in the hands of the collectors the Treasury, &c. a^^ consuls by the preceding section, shall be paid to the Treasury, under the like regulations provided for other sublic money, and shall constitute a fund for the purposes provided for by that section. 13 Feb., 1813, s. 1, v. 2, p. 799. nr^Srsmen to ^^°- ^"^P^' '^^® Secretary of the Interior is required to place on the be placed on pen- P^^^'oii'li^^i under the like regulations and restrictions as are used in sion-list. relation to the Navy of the United States, any officer, seamen, or marine, who, on board of any private armed vessel bearing, a commission of let- ter of marque, shall have been wounded or otherwise disabled in any engagement with the enemy, or in the line of their duty as officers, sea- men, or marines of such private armed vessel; allowing to the captain a sum not exceeding twenty dollars per month ; to lieutenants and sail- ing-master a sum not exceeding twelve dollars each per month; to marine officer, boatswain, gunner, carpenter, master's mate, and prize- masters, a sum not exceeding ten dollars each per month ; to all other officers a sum not exceeding eight dollars each per month, for the highest rate of disability, and so in proportion ; and to a seaman, or acting as a marine, the sum of six dollars per month, for the highest rate of disabil- ity, and so in proportion ; which several pensions shall be paid from moneys appropriated fur the payment of pensions. 13 Feb., 1813, s. 2, v. 2, p. 799. 2 Aug., 1813, V. 3, p. 86. Commanding gj.£,_ 4762. The commanding officer of every vessel having a commis- teers'^to ^ntOT ^i""^) or letters cf marque and reprisal, shall enter in his journal the names, &o., in a name and rank of any officer, and the name of any seaman, who, during journal. Mg cruise, is wounded or disabled, describing the manner and extent, as far as practicable, of such wound or disability. 13 Feb., 1813, s. 3, v. 2, p. 800. PERJURY. 275 Sec. 4763. Every collector shall transmit quarterly to the Secretaryof. Transoript of the Navy a transcript of such journals as may have been reported to i''"™'^.'!^ ?" °^ him, so far as it gives a list of the oflacers and crew, and the description s™reti-y of the of wounds and disabilities, tl^e better to enable the Secretary to decide Nary, on claims for pensions. Ibid., 8. 4. Sec. 1023. Prosecutions for peijnry. 1624. To obtain claims. 5392. Punishment. PEEJUET. Sec. 5393. Subornation of perjury. 5396. Form of indictment for perjury. 5397. Indictment for subornation of peijury. For the pur- pose of obtaining , claims. Sec. 1023. In prosecutions for perjury committed on examination TifIel3,Chap.l8. before a naval general court-martial, or for the subornation thereof, "„ „„„(.<„ ^ it shall be sufficient to set forth the offense charged on the defendant, foipeijurybefore- without setting forth the authority by which the court was held, or a naval conrt- the particular matters brought before, or intended to be brought be- martial. fore, said court. 17 July, 1862, s. 1, art. 13, v. 12, p. 604. Sec. 1624. Art. 14. Fine and imprisonment, or such other punish- TltlelS.Chap.lO,.. ment as a court-martial may adjudge, shall be inflicted upon any per son in the naval service of the United States Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false. 2 March, 1863, s. 1, v. 12, p. 696. Sec. 5392. Every person who, having taken an oath before a compe- Title 70, Chap. 4. tent tribunal, officer, or person, in any case in which a law of the ; United States authorizes an oath to be administered, that he will tea- ^^'i^'J- tify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, will- fully and contrary to such oath states or subscribes any material mat- ter which he does not believe to be true, is guilty of perjury, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. 30 April, 1790, 8. 18, V. 1, p. 116. 3 March, 1825, s. 13, v. 4, p. 118. Sec. 5393. Every person who procures another to commit any per- Subornation or jury is guilty of subornation of perjury, and punishable as in the pre- P^'^nry. ceding section prescribed. 33 April, 1790, a. 18, v. 1, p. 116. 3 March, 1825, s. 13, v. 4, p. 118. Sec. 5396. In every presentment or indictment prosecuftd against ^"rm of indict- any person for perjury, it shall be sufficient to set forth the substance '^™* forperjury. of the offense charged upon the defendant, and by what court, and b'efore whom the oath was taken, averring such court or person to have competent authority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declar- ation, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as hereinbefore stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed. 30 April, 1790, s. 19, v. 1, p. 116. Sec. 5397. In every presentment or indictment for subornation of Indictment for pequry, it shall he sufficient to set forth the substance of the offense ^"^.°™** '<> ° "* charged upon the defendant, without setting forth the bill, answer, P^^'J^T- information, indictment, declaration, or any part of any record or pro- ceeding either in law or equity, or any affidavit, deposition, or cer- tificate, and without setting forth the commission or authority of tho court or person before whom the perjury was committed, or was agreed or promised to be committed. Ibid, a. 20. 276 PIEACV, ROBBERY. PIRACY, EOBBERY. Sec 4293. Public vessels to suppress piracy. 4294. Seizure of piratical vessels. -4295. Merchant- vessels may resist pirates. 4296. CondemuatioQ of piratical vessels. 4297. Seizure of vessels fitted out for piracy. 4298. What vessels may he authorized to seize pi- rates. 4299. Duty of oflEcers of customs and marshals. .5323. Accessory before the fact to piracy, &c. 5324. Accessory after the fact to robbery or pi- racy. 5368. Piracy under the law of nations. .6369. Seaman laying violent hands on his com- mander. .5370. Eobhery upon the high seas. Sec. 5371. Eobhery on shore by crew of piratical ves- sel. 5372. Murder, &c., upon the high seas. 5373. Piracy under color of a commission from a foreigii power. 5374. Piracy by subjects or citizens of a foreign state. 5375. Piracy in confining or detaining negroes on board vessels, -&c. 5376. Piracy in landing, seizing, &c., negroes on any foreign shore. 5383. Eunning away with or yielding up vessel or cargo. 6384. Confederating, &c., with pirates. 5533. Accessory after the fact of piracy ; ponish- ment. Seizure of pi- ,ratical vessels. Title 13, Chap. 3. Sec. 563. The district courts shall have jurisdiction of all cases arising under act for the punishment of piracy, when no circuit court is held in the district of such court. 3 March, 1823, v. 3, p. 789. 15 May, 1820, v. 3, p. 600. 30 Jan., 1823, V. 3,p. 721. Title 48, Chap. 8. Sec. 4293. The President is authorized to employ so many of the pub- Publio vessels 1'" armed vessels as in his j udgment the service may require, with suit- to suppress pi- able instructions to the commanders thereof, in protecting the merchant- lacy. vessels of the United States and their crews from piratical aggressions and depredations. 3 March, 1819, s. 1, v. 3, p. 510. SO Jan., 1823, V. 3, p. 721. Sec. 4294. The President is authorized to instruct the commanders of the public armed vessels of the United States to subdue, seize, take, and send to any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel ; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. 3 March, 1819, s. 2, v. 3,' p. 612. 30 Jan., 1823, V. 3, p. 721. Merchant-ves- Sec. 4295. The commander and crew of any merchant-vessel of the aels may resist United States, owned wholly, or in part, by a citizen thereof, may oppose pirates. ^^^ defend against any aggression, search, restraint, depredation, or seizure, which shall be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel what- soever, not being a public armed vessel of some nation in amity with the United^States, and may subdue and capture the same ; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States. 3 March, 1819, s. 3, v. 3, p. 513. 30 Jan., 1823, v. 3, p. 721. Condemnation Sec. 4296. Whenever any vessel, which shall have been built, pur- «f piratical ves- djased, fitted out in whole or in part, or held for the purpose of being employed in the commission of any piratical aggression, search, restraint, depredation, or seizure, oi^in the commission of any other act of piracy as defined by the Jaw of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought ; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. 3 March, 1819, s. 4, v. 3, p. 513. 30 Jan., 1823, v. 3, p. 721. 5 Aug., 1861, s. 1, V. 12, p. 314. PIRACY, ROBBERY. 277 Sec. 4297. Any vessel built, purchased, fitted ont in whole or in part, ^eizure of ve or held for the purpose of being employed in the commissiou of any ^IJ,^"™" »"*""■ piratical aggression, search, restraint, depredation, or seizure, or in the ^ commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any p»rt of the United States if found upon the hish seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical' expedition or not, and whether any act of piracy shall have been committed or attempted upon or from such vessel or not; and any such vessel may be adjudged and condemned, if cap- tured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. 5 Aug., 1861, s. ], V. 12, p. 314. Sec. 4298. The President is authorized to instruct the commanders What vesBel* of the public armed vessels of the United States, and to authorize the ^^l t^ eS!^°^-- commauders of any other armed vessel sailing under the authority of j-ates^" **"'^ ^~ any letters of marque aud reprisal granted by Congress, or the com- manders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or ^jeld as mentioned in the preced- ing section. Idem. s. 2, IfOTES. — Piracy is defined by the law of nations to he a forcible depredation upon property on the high seas, without lawful authority, done animo furcmdi; that is, as defined, in this connection, in a spirit and intention of universal hos- tility. A pirate is said to be one who roves the sea in an armed vessel, without any comnnssion from any sovereign state, on his own authority, aud for the purpose of seizing by force and appropriating to himself, without discrimina- tion, every vessel he may meet. — United States v. Baker, 5 Blatchford, 11, 12. Cited in Cadwalader's State Department Digest, p. 77. To make the firing of one vessel into another a piratical aggression within the act of 1819, section 5368, R. S., it mast be a firfffc aggression unprovoked by any previous act of hostility or menace from the other side. — Cadwalader's Di- gest.— Op. IX, 114. Robbery, or forcible depredation upon the high sea, cmimo furcmdi, is piracy by the law of nations. Cadwalader s Digest, p. 76, cites 5 Wheaton, 153. A vessel loses her national character by assuming a piratical character, and a pi- racy committed by a foreigner from on board sucn a vessel whatever, is pun- ishable under act of 1790, section 5360, R. S.—Idem, p. 77, cites, 5 Wheaton, 184. Every hostile attack, in time of peace* is not necessarily piratical. It may be by mistake, or in necessary self-defense, or to repel a supposed meditated at- tack by pirates. It may be justifiable, and then no blame attaches to the act; or it may be without jusi excuse, and then it carries responsibility in damages. — Cadwalader's Digest, p. 77, cites 11 Wheaton, 40, 41, and 2 Howard, 236. Merchant vessels suspected of being engaged in illicit trade forbidden by the laws of Congress, may be seized and detained by public armed vessels. — Op. 3, 405. Sec. 4299. The collectors of the several ports of entry, the surveyors Duties of ofEcera of the several ports of delivery, and the marshals of the several judicial of customs and) districts within the United States, shall seize any vessel or boat built, marshals, purchased, fitted out, or held as mentioned in section forty-two hun- dred aud ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against aud disposed of as provided by that section. Idem, a. 3. Sec. 5323. Every person who knowingly aids, abets, causes, procures, Title 70, Chap, 1, commands, or counsels another to commit any murder, robbery, or other — -— piracy upon the seas, is an accessory before the fact to such piracies, fore 'the^'St to> and every such person being thereof convicted shall suffer death. piracy, &o. 30 April, 1790, s. 10, v. 1, p. 114. Sec. 5324. Every person who receives or takes into custody any ves- Accessory after sel, goods, or other property feloniously taken by any robber or pirate P"® '*"* .*° ™^ I against the laws of the United States, knowing the same to have been *^^ or piracy, feloniously taken, and every person who, knowing that such pirate or robber has done or committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to snch robbery or piracy. [See §5533.] 30 April, 1790, s. 11, V. 1, p. 114. 278 PiKACY, KOBBEKY. Title 70, Cliap.S. Sec. 5368. Every person who, on the high seas, commits the crime of p. ^fll^ piracy as defined by the law of nations, and is afterward brought iuto the law of na- T found in the United States, shall suffer death. [See §§5323-5333.] tions. 3 March, 1819, s. 5, v. 3, p. 513. 15 May, 1820, s. 2, v. 3, p. 600. 30 Jan., 1823, v. 3, p. 721. Seaman laying SflC. 5369. Everyseaman who lays violent hands npon his commander, violent hands on Ijhereby to hinder and prevent his fighting in defense of his vessel or the hii commander, g^g^g intrusted to him, is a pirate, and shall suffer death. 30 April, 1790, 3. 8, v. 1, p. 113. Robbery upon Sec. 5370. Every person who, upon the high seas, or in any open the high seaa. roadstead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commits the crime of robbery, in or upon any vessel, or upon any ship's company of any vessel, or the lading thereof, is apirate, and shall suffer death. 15 May, 1820, s. 3, v. 3, p. 600. Eobbery on Sbc. 5371, Every person engaged in any piratical cruise or enterprise, shore by crew of gp being of the crew of any piratical vessel, who lauds from such vessel piratical vessel. ^^^ ^^^ shore commits robbery, is a pirate, and shall suffer death. Jbid. ^ Murfler, &c., Sbc. 5372. Every person who commits upon the high seas, or in any upon the high river, harbor, basin, or bay, out of the jurisdiction of any particular ^««!^s- State, murder or robbery, or any other offense which, if committed within the body of a county, would be punishable with death by the laws of the United States, is a ijirate, and shall suffer death. 30 April, 1790, s. 8, v. 1, p. 113. oolo™of a "com^ Sec. 5373. Every citizen who commits any murder or robbery, or any mission from a act of hostility against the United States, or agai ust any citizen thereof, foreign power, on the high seas, under color of any commission from any foreign prince, or state or on iJi-etense of authority from any person, is, notwithstand- ing the pretense of such authority, a pirate, and- shall suffer death. Idem; a. 9, v. 1, p. 114. Piracy by sub- Sec. 5374. Every subject or citizen of any foreign state, who is found jects or citizens ^mj taken on the sea making war upon the United States, or cruising oreigns a e. j^gg^jjjgj ^jjg vessels and property thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall suffer death. 3 March, 1847, t. 9, p. 175. fliJne"OT 'detmn- ^^^' ^'^"^^^ Every person who, being of the crew or ship's company of ing negroes on ^'Uy foreign vessel engaged in the slave-trade,' or being of the crew or board vessels. ship's company of any vessel owned wholly or in part, or navigated for or in behalf of any citizen, forcibly confines or detains on board such vessel any negro or mulatto, with intent to make such negro or mulatto a slave, or, on board such vessel, offers or attempts to sell, as a slave, any negro or mulatto, or on the high seaa, or anywhere on tide- water, transfers or delivers to any other vessel any negro or mulatto with intent to make such negro or mulatto a slave, or lands or delivers on shore from on board such vessel any negro or mulatto with intent to make sale of, or having previously sold such negro or mulatto as a slave, is a pirate, and shall suffer death. [See §§ 5525, 5551-5560, Slave- Tkade.] 15 May, 1820, s. 5, v. 3, p. 601. Piracy in land- Seo. 5376. Every person who, being of the crew or ship's company of neeroes^'on' ^nv^^? foreign vessel engaged iu the slave-trade, or being of the crow or foreign shore. ship's company of any vessel, owned in whole or part, or navigated for, or in behalf of, any citizen, lands from such vessel, and, on iiny foreign shore, seizes any negro or mulatto with intent to make such negro or mulatto a slave, or decoys, or forcibly brings, or carries, or receives such negro or mulatto on board such vessel, with like intent, is a pirate, and shall suffer death. Idem, 8. 4, p. 650. PILOTS — PILOTAGE. 279 Sbc. 5383. Every captain, other officer, or mariner, of a vessel on the Banning away high seas, or on any other waters within the admiralty and maritime ^^*^ •"■ fielding iunsdiction of the United States, who piratically or feloniously runSg^ "^^^"^ "' °'"'" away with such vessel, or with any goods or merchandise thereof, to ' the value of fifty dollars, or who yields up such vessel voluntarily to any pirate, shall be fined not more than ten thousand dallars, or im- prisoned at hard labor not more than ten years, or both. 8 Aug., 1846, s. 5, v. 9, p. 73. 30 April, 1790, 8. 8, v. 1, p. 113. Sec. 5384. If any person attempts or endeavors to corrupt any com- Confederating, mander, master, officer, or mariner to yield up or to run away with any *"' -with pirates, vessel, or with any goods, wares, or merchandise, or to turn pirate, or to go over to or confederate with pirates, or in any wise to trade with any pirate, knowing him to be such, or furnishes such pirate with any ammunition, stores, or provisions of any kind, or fits out any vessel knowingly aud with a design to trade with, supply, or correspond with any pirate or robber upon the seas ; or if any person consults, com- bines, confederates, or corresponds with any pirate or robber upon the «eas, knowing him to be guilty of any piracy or robbery ; or if any .«eaman confines the master of any vessel, he shall be imprisoned not more than three years, and fined not more than one thousand dollars. , 20 April, 1790, a. 12, v. ] , p. 115. Sec. 5533, Every accessory after the fact to murder, robbery, or piracy, Title 70, Chap. 8. shall be imprisoned not more than three years, and fined not more than ■ five hundred dollars. [See 4 5324.] Accessory after •- ^ -• the tact to mur- 80 April, 1790, s. 11, v. 1, p. lU. der, robbery, or piracy. PILOTS— PILOTAGE. 'Sec. I Sec. 4235. State regulation of pilots. ' 4237. No discrimination in rates of pilotage. 4236. Pilots on boundaries. I Sec. 4235.- Until further provision is made by Congress, all pilots in Title 48, Chap, 6. iihe bays, inlets, rivers, harbors, and ports of the United States shall ~ continue to be regulated in conformity with the existing laws of the yPno*/ njots" States respectively wherein such pilots may be, or with such laws as *he States may respectively enact for the purpose. 7 Aug., 1780, a. 4, v. 1, p. 54. Sec. 4236. The master of any vessel coming into or going out of any pilots on bound- port situate upon waters which are the boundary between two States, aries between may employ any pilot duly licensed or authorized by the laws of either States. of the States bounded on such waters, to pilot the vessel to or from such port. 2 March, 1837, v. 5, p. 153. Sec. 4237. No regulations or provisions shall be adopted by any State No discrimina- whioh shall make any discrimination in the rate of pilotage or half- ti™ ii I'^^s of pilotage between vessels sailing between the ports of one State aud P^ot^se. vessels sailing between the ports of different States, or any discrimina- tion against vessels propelled in whole or in part by steam, or against national vessels of tlie United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated. 13 July, 1866, v. 14, p. 93. Notes. — Government vessels are not required to employ and pay branch pilot upon entering the ports and harbors of the United States. The exemption ex- tends to all public vessels whether armed or not.— Op. IV, 532, Sept. 9, 1846, Mason. The penalties imposed by State laws for piloting vessels without due license from. the State, have no application to persons employed as pilots on board pub- lic vessels of tie TTnited States, the latter vessels being within the exclusive jurisdiction of the United States.— Op. XVI, 647, Oct. 22, 1879. The term "public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States, and those used by them for public purposes. Those laws warrant no distinction between public vessels under the control of . the Navy Department and public vessels under the control of any other depart- ment of the Government. Unlicensed pilots and engineers can be lawfully em- ployed on them.— Op. XUI, p. 249, Hoar, June 1, 1870. 280 POSTAGE, MAIL-MATTEE, ETC. POSTAGE, MAIL-MATTEE, &c. FOREIGN POSTAGE. Sec. I Sec. 3912. Postage on foreign mail-matter. 3976. Vessels carrying mails. 3913. Postage on irregular sea-letters. I Title 48, Chap. 4. Sec. 3912. The rate of United States postage on mail-matter sent to Postage on for- °^ received from foreign countries with which different rates have not eign mail-matter, heen established by postal convention or other arrangement, when for- , warded by vessels regularly employed in transporting the mail, shall be ten cents for each half ounce or fraction thereof on letters, unless- reduced by order of the Postmaster-General ; two cents each on news- papers; and not exceeding two cents per each two ounces, or fraction thereof, on pamphlets, periodicals, books, and other printed matter, which postage shall be prepaid on matter sent and collected on matter received; and to avoid loss to the United States in the payment of balances, the Postmaster-General may collect the 'unpaid postage on. letters from foreign countries in coin or its equivalent. 8 June, 1872, s. 165, v. 17, p. 304. Postage on ir- Sec. 3913. All letters conveyed by vessels not regularly employed in. regular sea-let- carrying the mail shall, if for delivery within the United States, b&^ ■ '^^' charged with double postage, to cover the fee paid to the vessel. Ibid.,s.l6e. Title 46, Chap. 9. Sec. 3976. The master of any vessel of the United States bound fron* — any port therein to any foreign port, or from any foreign port to any vossrfs to carry P""^* °^ ^^^ United States, shall, before clearance, receive on board and. mails'; oath; securely convey all such mails as the Post-Oiifioe Department, or any penaltyj ' diplomatic or consular officer of the United States abroad, shall offer ;. and. he shall promptly deliver the same, on arriving at the port of desti- nation, to the proper officer, for which he shall receive two cents for every letter so delivered ; and upon the entry of every such vessel re- turning from any foreign port, the master thereof shall make oath thatc he has promptly delivered all the mail placed on board said vessel be- fore clearance from the United States; and if he shall fail to make suck oath the vessel shall not be entitled to the privileges of a vessel of thet United States. [See § 4203, Merchant service.] Ibid., S.222, p. 310. DOMESTIC POSTAGE. « * * ^* » # * a March, 1879. That mailable matter shall be divided into four classes : Division of mail first, written matter ; matter. Second, periodical publications ; Third, miscellaneous printed matter ; Fourth, merchandise. Mailable matter of the first class shall embrace letters, jwstal cards,, and all matters wholly or partly in writing, except as hereinafter pro- vided. 3 March, 1879, ch. 180, s. 7, v. 20, p. 355. Postal cards. Postal cards shall be transmitted through the mails at a postage- charge of one cent each, including the cost of manufacture; and drop letters shall be mailed at the rate of two cents per half ounce or frac- tion thereof, including delivery at letter carrier offices, and one cent for each half ounce or fraction thereof where free delivery by carrier is. not established. The Postmaster-General may, however, provide, by regulation, for transmitting unpaid and duly certiiied letters of sol- diers, sailors, and marines in the service of the United States to their destination, to be paid ou delivery. Idem, a. 9. Second clas s That mailable matter of the second class shall embrace all newspapers, matter. and other periodical publications which are issued at stated intervals,, and as frequently as four times a year and are within the conditions named in section twelve and fourteen. / Idem, a. 10. POSTAGE, MAIL-MATTEE, ETC. 281 That mail matter of the third class shall embrace books, transient Third «1»8»> newspapers, and periodicals, circulars, and other matter wholly in print ™a'*er deflned. (not included in section twelve) [2d class matter], proof sheets, cor- rected proof sheets, and manuscript copy accompanying the same, and postage shall be paid at the rate of one cent for each two ounces or fractional part thereof, and shall fully be prepaid by postage stamps affixed to said matter. Printed matter other than books received in Bate of postage.. the mails from foreign countries under the provisions of postal treaties or conventions shall be free of customs duty, and books which are ad- mitted to the international mails exchanged under the provisions of the Universal Postal Union Convention may, when subject to customs duty, be delivered to addresses in the United States under such regulations for the collection of duties as may be agreed upon by the Secretary of the Treasury and the Postmaster-General. Idem, s. 17. That the term "circular" is defined to be a printed letter, whichi „ "Circular" de- according to internal evidence, is beingsout in identical terms to several "® ■ persons. A circular shall not lose its character as such, when the date and the name of the address and of the sender shall be written therein, nor by the correction of mere typographical errors in writing. Idem, 8. 18. That "printed matter" within the intendment of this act is defined ^gj.',?^'^^^^™**" to be the reproduction upon paper, by any process except that of hand- writing, of any words, letters, characters, figures, or images, or of any ' combination thereof, not having the character of an actual and personal correspondence. Idem, a. 19. That mailable matter of the fourth class shall embrace all matter not Fourth class, embraced in the first, second, or third clasSj which is not in its form or matter, nature liable to destroy, deface, or otherwise damage the contents of the mail bag, or harm the person of any one engaged in the postal service, and is not above the weight provided by law, which is hereby declared to be not exceeding four pounds for each package thereof, ex- cept in the case of single books weighing in excess of that amount, and except for books and documents published or circulated by order of Congress, or official matter emanating from any of the departments of the government, or from the Smithsonian Institution, or whiohisnot declared non-mailable * under the provision of section thirty-eight hundred and ninety-three of the Revise4 Statutes, as amended by the act of July twelfth, eighteen hundred and seventy-six, or matter apper- taining to lotteries, gift concerts, or fraudulent schemes or devices. Idem, 8. 20. All mail-matter of the first class upon which one full rate of postage 3 March, 1879. has been prepaid shall be forwarded to its destination, charged with . — the unpaid riWe, to be collected on delivery. » * * age. '™ " 3 March, 1879, s. 26, ch. 180, v. 20, p. 355. And upon all matter of the first class * * « postage shall be 3 March, 1883. charged, on and after the first day of October A. D. eighteen hundred pogt_.j„.e „„ gr^t and eighty-three at the rate of two cents for each half ounce or frac- dass inatter. tion thereof. 3 March, 1883, s. 1, v. 22, p. 465. DEPARTMENTAI, STAMPS. That the Secretaries, respectively, of the Departments of State, of 3 March, 1883. the Treasury, War, Navy, and of the Interior, and the Attorney-Gen- How procured., eral, are authorized to make requisitions upon the Postmaster-General for the necessary amount of official postage-stamps for the use of their departments, not exceeding the amount stated in the estimates sub- mitted to Congress; and upon presentation of proper vouchers there- for at the Treasury, the amount thereof shall be credited to the ap- propriation for the service of the Post-Offioe Department for the same fiscal year. 3. March, 1883, chap. 128, s. 2, t. 22, p. 563. * Obscene boots, pictures, scurrilous letters, V^^- any letters, packages, or other matters relating exclusively to ihe bus- iness of the Government of the United States : Provided, That every such letter or package to entitle it to pass free shall bear o ver the words Indorsement. " Official business" an indorsement showing also the name of the De- partment, and, if from a bureau or office, the names of the Depart- ment and bureau or office, as the case may be, whence transmitted. And if any person shall make use of any such official envelope to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so olfending shall be deemed guilty of a mis- demeanor, and subject to u fine of three liundred dollars, to be prose- cuted in any court of competent jurisdiction. 3 March, 1877, 8. 5, v. 19, p. 355. Sec. 6. That for the purpose of carrying this act into effect, it shall be the duty of each of the Executive Departments of the United States to provide for itself and its subordinate offices the necessary envelopes ; and in addition to the indorsement designating the Department in which they are to be used, the penalty for the unlawful use of these en- "velopes shall be stated thereon. Idem, s. 6. Use of penalty The provisions of the above sections (act March 3, 1877) "are here- tended ^^^ ® ^ " by extended to all officers of the United States Government, and made applicable to all official mail-matter transmitted between any of the officers of the United States, or between any such officer aud either of the executive departments or officers of the government, the envelopes of such matter in all cases to bear appropriate iudorsmeuts containing the proper designation of the office from which the same is transmitted, with a statement of the penalty for their niieuse. And the provisions of said fifth aud sixth sections are hereby likewise extended aud made applicable to all official mail-matter scut from the Smithsonian Insti- tution: Provided, That this act shall not extend or apply to pension- agents or other officers who receive a fixed allowance as compensation for their services, including expenses for postage." * # # # jt # * 3 March, 1879, s, 29, v. 20, p. 362. Notes. — This section does not impose upon the E.'cecutive Department at "Washington the duty of furaishing such envelopes to the various subordinate officers throughout the United States who are under their supervision, but whose offices are not offifea in those Departments, excepting, of cour.se, cases where that duty i.s required by other statutory provisions than those above mentioned — Op. XVI, p. 455, January 30, 1880, Devens. "Where the envelopes are not furnished by the Departments, they may be prepared for their own use by the officers contemplated in section 29 of sai<^ act of March 3, 1879. The statute does not require that the penalty, &c., on such 'envelopes should be printed rather tlian written. — Ibid. The indorsements on the penalty envelopes may be printed, written, or im- pressed by stamp.— Op. Assistant Attorney-General, P. 0. Department, April 21, 1879. I'OSTaGK, MAiL-MAITliK, KTC. 283 The peually enrelopes cannot be propi^rly used by officrrsin replxiug to a postiuaafer od matters not oHicial ; tor instance, when a postuiaster notifies said ofacer of private mail matter being in the office, which will be sent to him on the return of the reguiaite postage, the officer cannot use the penalty stamp in making his reply,— PostOfflce ruling. Officers of the Nary, who have no "office,"in the sense that term is generally used, can send official mail matter, free of postage, between themselves, or to the Executive Departments, by using envelopes bearing the indorsement "of- ficial business," with their signature and rank, and a statement of the penalty for their misuse — the indorsements to be printed, or imnressed by a stamp, or ■written.— Op. Assistant Attorney-General, P. O. D., Aprll.20, 1879. The 29th section of the act of March 3, 1879 (Postal laws and Eegulations, section 251), extending to all officers of the United States Government the pro- visions of the sections numbered 249 and 2BD, Postal Laws and Eegulations, for the transmission of official mail matter, requires all officers who are not depart- mental in their character to use envelopes which bear the appropriate iudorse- ments, containing the name of tl-e office from which the same are transmitted, ■with a statement of the penalty for their misuse ; and the use of the envelopes must be absolutely restricted to official mail matter transmitted between officers of the United States, or between any such officer and either of the Executive Departments or officers of the Government. The signature of the officer and bis official title is not a compliance with the law ; the name of the office from which they are transmitted must also be given on the envelope. — Kule604, Post- Offlce Guide, January, 1883. Official communications may be sent by officers of the Government under cover of the penalty envelope to private individuals ; but such envelopes cannot be inclosed for the purpose of eliciting a reply .-Kule 608, Idem. LETTER-SHEBT EJJVELOPE — DOUBLE POSTAL CARDS. That the Postmaster-General is hereby authorized to take the nee- Letter-sheet «ssary steps to iutroduce and furnish for public use a letter-sheet en- y™°^|j~j^,^"" velope, on which postage-stamps of the denominations now in use oa ordinary envelopes shall be placed. And the Postmaster-General is also authorized to introduce and furnish for public use a double postal card, on which shall be placed two one-ceut stamps, and said card to be so arranged for the address that it may be forwarded and re- turned, said cards to be sold for two cents apiece; and also to in- troduce and furnish for public use a double-letter envelope, on which stamps of the denominations now in use may be placed, and with the arrangement for the address similar to the double postal card ; said letter-sheet and double postal card and double envelope to be issued under such regulations as the Posmaster-General may prescribe. 3 March, 1879, o. 32, v. 20, p. 362. Sec. 4033. Blank applications for orders. 4035. Notice of orders drawn to be sent. 4036. Orders to be good for one year. 4037. Indorsement of orders. MONEY ORDERS. Sec. 4038. Changes and modification of orders. 4039. Eepayment of orders. 4040. Eeplacing lost orders. Change in fees for money-orders. 13. Sec. 4033. The Postmaster-General shall supply money-order offices Title 4((, Ch. with blank forms of application for money -orders, which each applicant Blank applica- ahallifill up with his name, the name ami address of the party to whom tions for orders, the order is to be paid, the amount and the date of the application ; and all such applications shall be preserved by the postmaster receiving them for such time as the Postmaster-General may prescribe. 8 June, 1872, s. 107, v. 17, p. 298. Sec. 4034. The Postmaster-General shall furnish money-order offices ■ Orders to be on with printed or engraved forms for money-orders, and no order shall be printed blanks. valid unless it be drawn upon such form. Ibid., 109. Sec. 4035. The postmaster issuing a money order shall send a notice Notice of orders thereof by mail, without delay, to the postmaster on whom it is drawn, drawn to be sent. Ibid., s. 110. Sec. 4036. No money-order shall be valid and payable unless pre- Ordertobegood sented to the postmaster on whom it is drawn within one year after its ^"^ ""^ 3'®"'''- date ; but the Pofrtmaster-General, on the application of the remitter or payee of any such order, may cause a new order to be issued in lieu thereof. Ibid., 8. 111. Sec. 4037. The payee of a money- order may, by his written indorse- Indorsement of ment thereon, dir,ect it to be paid to any other person, and the post- orders, master on whom it is drawn shall pay the same to the person thus desig- 284 POSTAGE, MAIL-MATTER, ETC. nated, provided lie shall furnish such proof as the Postmaster-Genera! may prescribe that the indorsement is genuine, and that he is the person empowered to receive payment; but more than one indorsement shall render an order invalid and not payable, and the holder, to obtain pay- ment, must apply in writing to the Postmaster General for a new order in lieu thereof, returning the original order, and making such proof of the genuineness of the indorsements as the Postmaster-General may require. Ibid., a. 112. 18 Feb., 1875, v. 18, p. 320. Changes and Sbc. 4038. After a money-order has been issued, if the purchaser de- modifloation of sivea to have it modified or changed, the postmaster who issued the orders. order shall take it back and issue another in lieu of it, for which a new fee shall be exacted. 8 June, 1872, s. 113, v. 17, p. 298. Eepayment of Sec. 4039. The postmaster issuing a money-order shall repay the orders. amount of it upon the application of the person who obtained it, and the return of the order; but the fee paid for it shall not be returned. Ibid., a. 114. Eeplaoing lost Sec. 4040. Whenever a money-order has been lost, the Postmaster- orders. General, upon the application of the remitter or payee of such order, may cause a duplicate thereof to be issued, without charge, providing the party losing the original shall furnish a certificate from the postmaster by whom it was payable that it has not been, and will not thereafter be, ■ paid ; and a similar certificate from the postmaster by whom it was issued that it has not been, and will not thereafter be, repaid. Ibid., 8. 115. 2 March, 1883. That for the transmission of small sums under five dollars through the malls the Postmaster-General may authorize postmasters at money-order Postal notes, offices to issue money-orders, without corresponding advices, on an en- graved form to be prescribed and furnished by him ; and a money-order issued on such new form shall be designated and known as a "postal note," and a fee of three cents shall be charged for tte issue thereof. Every postmaster who shall issue a postal note, under the authority of the Postmaster-General, shall make the same payable to bearer, when duly receipted, at any money-order office which the remitter thereof may select, and a postal note shall in like manner be payable to bearer when presented at the office of issue; and after a postal note has once been paid, to whomsoever it has been paid, the United States shall not be liable for any further claim for the amount thereof; but a postal note shall become invalid and not payable upon the expiration of three cal- ender months from the last day of the month during which the same was issued; and the holder, to obtain the amount of an invalid postal note, must forward it to the superintendent of the money-order system at Washington, District of Columbia, together with an application, in such manner and form as the Postmaster-General may prescribe, for a duplicate thereof, payable to such holder; and an additional fee of three cents shall be charged and exacted for the issue of the duplicate. 3 March, 1883, chap. 123, s. 1, v. 22, p. 526. # * * ^ # # » ¥ Money-order That a money-order shall not be issued for more than one hundred '■ dollars, and that the fees for money-orders shall be as follows, to wit: For orders not exceeding ten dollars, eight cents. For orders exceeding ten dollars and not exceeding fifteen dollars, ten cents. For orders exceeding fifteen dollars and not exceeding thirty dollars, fifteen cents. For orders exceeding thirty dollars and not exceeding forty dollars, twenty cents. For orders exceeding forty dollars and not exceeding fifty dollars, twenty-five cents. For orders exceeding fifty dollars and not exceeding sixty dollars, thirty cents. For orders exceeding sixty dollars and not exceeding seventy dollars, thirty-five cents. For orders exceeding seventy dollars and not exceeding eighty dollar 8 forty cents. PRIZE. 285 For orders exceeding eighty dollars and not iexceeding one hundred dollars, forty-five cents. Idem, 8. 3. But nothing contained in this act shall be so construed as to prevent Duplicateissuea. the payment, out of current money-order funds, toy duplicate issued under the authority of the Postmaster-General, of any lost or invalid money-order or of any invalid postal note more than seven years old, upon the presentation of satisfactory proof to the Postmaster-General of the ownership of such money-order or upon the production of such invalid postal note in accordance with the provisions of section one of this act. » » » IcUm, 8. 5. PRIZE. Sec. 4613. Application of provisiona of Title. 4614. What are " Ye88el8 of the Navy." 4615. Duties of commanding officer upon making captures. 46] 6. Statement of claim to share in prize. 4617. Duties of prize-master. 4621. Appointment of prize-commissioners. 4622. Duties of prize-commissioners. 4624. Appraisal, &o., of property taken for Gov- ernment. Sk 625. Proceedings for adjudication where property is not Bent in. 4626. Delivery of property on stipulation. 4627. "When property may be sold. 4628. Mode of making sale. Sec. 4630. Share of captors. 4631. Distribntion of proceeds to captors. 4632. What vessels are entitled to snare. 4633. What officers are entitled to share. 4634. Determination of shares. 4635. Bounty for persons on board vessels sunk or destroyed. 4639. Costs and expenses. 4640. Payment of expenses from prize-fund. 4641. Payment of prize-money. 4642. Distribution of bounty, salvage, &c. 4643. Assignments, <&.c. , of prize-money and bounty* 4652. Recaptures. 5310. Property taken on inland waters. 5441. Delaying or defrauding captor or claimant* Sec. 4613. The provisions of this Title shall apply to all captures made Title 54. as prize by authority of the United States, or adopted and ratified by the Application of President of the United States. pro visions of 30 June, s. 33, v. 13, p. 315. Title. Sec. 4614. The term ' ' vessels of the Navy," as used in this Title, shall "What are ves- include all armed vessels officered anJ manned by the United States, and ^ola of the Navy, under the control of the Department of the Navy. Ibid., s. 32. Skc. 4615. The commanding officer of any vessel making a capture Duties of com- ehall secure the documents of the ship and cargo, including the log-book, mandi n g officer with all other documents, letters, and other papers found on board, and ^onmatmgcap- make an inventory of the same, and seal them up, and send them, with the inventory, to the court in which proceedings are to be had, with a written statement that they are all the papers found, and are in the con- dition in which they were found ; or explaining the absence oi any doc- uments or papers, or any change in their condition. He shall also send to such court, as witnesses, the master, one or more of the other officers, the supercargo, purser, or agent of the prize, and any person found on board whom he may suppose to be interested in, or to have knowledge respecting, the title, national character, or destination of the prize. He shall send the prize, with the documents, papers, and witnesses, under charge of a competent prize-master and prize-crew, into port for adjudi- cation, explaining the absence of any usual witnesses ; and in the ab- sence of instructions from superior authority as to the port to which it ehall be sent, he shall select such port as he shall deem most convenient, in view of the interests of probable claimants, as well as of the captors. If the captured vessel, or any part of the captured property, is not in condition to be sent in for adjudication, a survey shall be had thereon and an appraisement made by persons as competent and impartial as can be obtained, and their reports shall be sent to the court in which proceedings are to be had; and such property, unless appropriated for the use of the Government, shall be sold by the authority of the com- manding officer present, and the proceeds deposited with the assistant treasurer of the United States most accessible to such court, and subject to its order in the cause. [See § 1624, Art. 15, page 12.] Ibid., 8. 1, p. 306. Sec. 4616. If any vessel of the United States shall claim to share in a statement of prize, either as having made the capture, or as having been within signal claim to share in distance of the vessel or vessels making the capture, the commanding pn^e. 286 PRIZE. officer of such vessel sliall make out a written statement of his claim, with the grounds on which it is founded, the principal facts tending to show what vessels made the capture, and what vessels were within signal distance of those making the capture, with reasonable particu- larity as to times, distances, localities, and signals made, seen, or an- swered ; and such statement of claim shall be signed by him and sent to the court in which proceedings shall be had, and shall be filed in the cause. J6id.,s. 2,p. 307. Duties of prize- ^EC. 4617. ^The prize-master shall make his way diligently to the master. selected port, and there immediately deliver to a prize-commissioner the documents and papers, and the inventory thereof, and make affi- davit that they are the same, and are in the same condition as delivered to him, or explaining any absence or change of condition therein, and that the prize-property is in the same condition as dejivered to him, or explaining any loss or damage thereto ; and he shall further report to the district attorney and give to him all the information in his posses- sion respecting the prize and her capture ; and he shall deliver over the persons sent as witnesses to the custody of the marshal, and shall retain the prize in his custody until it shall be taken therefrom by process from the prize-court. [See § 5441.] Ibid., a. S. [Sees. 4618-19-20 relates to libels, duties of district attorneys, &c.] Appointment Sbc. 4621. Any district court may appoint prize-commis oners, not of prize-commis- exceeding three in number ; of whom one shall be a retired naval officer, sioners. approved by the Secretary of the Navy, who shall receive no other compensation than his pay in the Navy, and who shall protect the in- terests of the captors and of the Department of the Navy in the prize- property ; and at least one of the others shall be a member of the bar of the court, of not less than three years' standing, and acquainted with the taking of depositions. 30 June, 1864, =.5, v. 13, p. 307. Duties of prize- Sec. 4622. The prize-commissioners, or one of them, shall receive from commissioners, the prize-master the documents and papers, and inventory thereof, and shall take the aiifidavit of the prize-master required by section forty-six hundred and seventeen, and shall forthwith take the testimony of the witnesses sent in, separate from each other, on interrogatories prescribed by the court, in the manner usual in prize-courts ; and the witnesses shall not be permitted to see the interrogatories, documents, or papers, or to consult with counsel, or with any persons interested, without special authority from the court ; and witnesses who have the rights of neutrals shall be discharged as soon as practicable. The prize-commis- sioners shall also take depositions de bene esse of the prize-crew and others, at the request of the district attorney, on interrogatories pre- scribed by the court. They shall also, as soon as any prize-property comes within the district for adjudication, examine the same, and make an inventory thereof, founded on an actual examination, and report to- the court whether any part of it is in a condition requiring immediate sale for the interests of all parties, and notify the district attorney thereof; and if it be necessary to the examination or making of the inventory that the cargo be unladen, they shall apply to the court for an order to the marshal to unlade the same, and shall, from time to time, report to the court anything relating to the condition of the property, or its custody or disposal, which may require any action by the court, but the custody of the property shall be in the marshal only. They shall also seasonably return into court, sealed and secured from inspection, the documents and papers which shall come to their hands, duly scheduled and numbered, and the other preparatory evidence, and the evidence taken de bene esse, and their own inventory of the prize-property ; and if the captured vessel, or any of its cargo or stbres,. are such as in their judgment may be useful to the United States in war, they shall report the same to the Secretary of the Navy. rSe& § .■^441.] Ibid.: 8. 6, p. 308. [Sec. 4623 defines the duty of the marshal.] Appraisal, &c., Sec. 4624. Whenever auy captured vessel, arms, munitions, or other of propertytaten material are taken for the use of the United States before it comes inta lor tfovemment. ^j^g custody of the prize court, it shall be surveyed, appraised, and in- PRIZE. ' 287 Yentoried, by persons as competent and impa;rtial as can be obtained, and tbe survey, appraisement, and in ventoryshall be sent to the court in which proceedings are to be bad ; and if taken afterward, sufficient notice shall first be given to enable the conrt to have the property ap- praised for tbe protection of the rights of tbe claimants and captors. In all cases of prize-property taken for or appropriated to the use of the Government, the Department for whose use it is taken or^appropriated shall deposit the value thereof with the assistant treasurer of the United States nearest to tbe place of the session of the court, subject to the order of >the court in tbe cause. JMiJ.,8.27,p. 314. Sec. 4625. If by reason of tbe condition of tbe captured property, or Proceedings for if because the whole has been appropriated to the use of the United ''^J°**''ation . States, no part of it has been or can be sent in for adjudication, or i^^otlentii? the property has been entirely lost or destroyed, proceedings for adjudi- cation may be commenced in any district the Secretary of tbe Navy may designate; and in any such case the proceeds of anything sol.d, or tbe value of anything taken or appropriated for the use of the United States, shall be deposited with the assistant treasurer in or nearest to that dis- trict, subject to i,he order of the court in tbe cause. If, when no prop- erty can be sent in for adjudication, the Secretary of the Navy shall not, within three months after any capture, designate a district for the institution of proceedings, the captors may institute proceedings for ad- judication in any district. And if in any case of capture no proceedings for adjudication are commenced within a reasonable time, any parties claiming the captured property may, in any district court as a court of prize, move for a monition to show cause why such proceedings shall not be commenced, or institute an original suit in such court for resti- tution, and the monition issued in either case shall be served on the attorney of the United States for the district, and on the Secretary of tbe Navy, as well as on such other persons as the court shall order to be notified. IUd„a.2S. Sec. 4626. No prize-property shall be delivered to tbe claimants on Delivery of stipulation, deposit, or other security, except where there has been a „ia§o^^ °" "^'^~ decree of restitution and the captors have appealed therefrom, or where the court, after a full hearing on the preparatory proofs, has refused to condemn tbe property on those proofs, and has given the captors leave to take further proofs, or where the claimant of any property shall sat- isfy the court that the same has a peculiar and intrinsic value to him, independent of its market- value. In any of these cases, the court may deliver the property on stipulation or deposit of its value, if satis- fied that the rights and interests of the United States and captors, or of other claimants, will not be prejudiced thereby ; but a satisfactory appraisement shall be first made, and an opportunity given to the dis- trict attorney and naval prize-commissoner to be beard as to the appoint- ment of appraisers. Any money deposited in lieu of stipulation, and all money collected on a stipulation, not being costs, shall be deposited with the assistant treasurer, in the same mauner as proceeds of a sale. Ibid., a. 26, p. 313. Sec. 4627. Whenever any prize-property is condemned, or at any stage of the proceedings is found by the court to be perishing, perishable, or ™*y *^ sold liable to deteriorate or depreciate, or whenever the costs of keeping the same are disproportionate to its value, the court shall order a sfle of such property; and whenever, after the return-day on the libel, all the parties in the interest who jaave appeared in the cause agree thereto, the court may make such order ; and no appeal shall operate to prevent the making or execution of such order. IMd., B. 8, p. 308. Sec. 4628. Upon a sale of any prize-property by order of the court, Modeofmaklng, the Secretary of the Navy shall employ an auctioneer of known skill sale, in the branch of business to which any sale pertains, to make the sale, but the sale shall be conducted under the supervision of the marshal, and the collecting and depositing of the gross proceeds shall be by the auctioneer or his agent. Before any sale the marshal shall cause full catalogues and schedules to be prepared and circulated, and a copy of each shall be returned by the marshal to the court in each cause. The 288 PRIZE. marslial sliall cause all sales to be advertised fully and conspicuously in newspapers ordered by the court, and by posters, and he shall, at least live days before the sale, serve notice thereof upon the naval prize commissioner, and the goods shall be open to inspection at least three days before the sale. lUd. [Sec. 46*29 authorizes transfer of property to another district for sale.] Share of captors. Sec. 4630. The net proceeds of all property condemned as prize, shall, when the prize was of superior or equal force to the vessel or vessels making the capture, be decreed to the captors ; and when of (inferior force, one-half shall be decreed to the United States and the other half to the captors, except that in case of privateers and letters of marque, the whole shall be decreed to the captors, unless it shall be otherwise provided in the commissions issued to such vessels. [See § J 4752, 4759, Pensions. ] Ibid., s. 10, p. 309. Distribation of ^^^- 4631. All prize-money adjudged to the captors shall be distrib- iproceeds to cap- uted in the following proportions : *ors. First. To the commanding officer of a fleet or squadron, one-twentieth part of all prize-money awarded to any vessel or vessels under his im- mediate command. Second. To the commanding officer of a division of a fleet or squadron, on duty under the orders of the commander-in-chief of such fleet or squadron, a sum equal to one-fiftieth part of any prize-money awarded to a vessel of such division for a capture made while under his command, such fiftieth part to be deducted from the moiety due to the United States, if there be such moiety, otherwise from the amount awarded to the captors ; but such fiftieth part shall not be in addition to any share which may be due to the commander of the division, and which he may elect to receive, as commander of a single ship making or assisting in the capture.* Third. To the fleet captain, one-hundredth part of all prize-money awarded to any vessel or vessels of the fleet or squadron in which he is serving, except in a case where the capture is made by the vessel on board of which he is serving at the time of such capture ; and in such case he shall share, in proportion to his pay, with the other officers and men on board such vessel.* Fourth. To the commander of a single vessel, one-tenth part of all the prize-money awarded to the vessel uuder his command, if such ves- sel at the time of the capture was under the command of the command- ing officer of a fleet or squadron, or a division, and three-twentieths if his vessel was acting independently of such superior officer. Fifth. After the foregoing deductions, the residue shall be distributed and proportioned among aS others doing duty on board, including the fleet-captain, and borne upon the books of the ship, in proportion to their respective rates of pay in the service. Itid., a. 10, p. 309. 8 June, 1874, chap. 256, v. 18, p. 63. Notes. — The rate of pay which the oHlGer was ia receipt of at Oie time the capture was made isthe measure of his allowance out of the proceeds; not the increased pay resulting from his promotion afterwards. Immaterial if his promotion gave him a title to the increased pay from and including the date of capture. A commander of a single ship is limited to one-tenth, although the amount would exceed that if paid according to his rank. It is the same if he was entitled to three-twentieths. — Op. XV, 64, Bee, 10, 1875, Pierrepont. Al- bemarle case. But see Op. XIY, 365, post. Prize is distributed according to the law existing at the date or time of the capture. The law regulating me distribution of prize-money is a conditional grant by Congress ; afl soon as the conditions are fulfilled the grant becomes ab- solute.— Op. XI, 102, Sept. 30, 1864, Bates. An officer commissioned to a higher grade, prior to a capture, although from delay or other causes the promotion had not reached him at the time, and he was on the prize-list in the lower capacity, is entitled to share in the higher grade if in the performance of the duties thereof. If he was entitled to pay in the higher grade, he was entitled to share accordingly in the prize. — Op, XTV, 365, J'eb. 6, 1874, Williams. See also Xm, 413. *An act of June 8, 1874, chap. 256, v. 18, p. 63, provided that paragraphs 2 and 3 -«honld apply to ofiQcers serving as commanders of divisions and fleet captains from April, 1861, and that their shares should be paid in the same manner as provided for division commanders in said paragraphs — the payments to be made out of the Naval Pension Fund. PEizE. 289 An officer who usurps command of a vessel cannot claim a share in prizes captured. "Commanding officer means an officer legally in command." In the construction of the prize act in England, the court held that the words "on board " meant only such persons as belonged to the vessel, and that being cor- poreally on board was not sufficient.— Op. XI, p. 147, Jan. 19, 1865, Speed. An officer absent from his command, for the purpose of attending to his pri- vate ajfairs, is not entitled to share in prizes captured during his absence. Al- though he may have attended to a certain piece of business while absent, or b^ the orders of a superior of the command, not having been detailed for that busi- ness and it not appearing that the detail of an ofucer from the deet to attend to it was necessary, he is not entitled to share. — Op. XI, p. 337, Aug. 24, 1865, Speed. Temple's case. Sec. 4632. All vessels of the Navy within signal-distance of the vessel What vessels or vessels making the capture, under such circumstances and iu such g^ar^ condition as to be able to render effective aid, if required, shall share in the prize; and in case of vessels not of the Navy, none shall be entitled to share except the vessel or vessels making the capture; in which term shall be included vessels present at and rendering actual assistance in the capture. 30 June, 1864, s. 10, v. 13, p. 309. Sec. 4633. No commanding officer of a fleet or squadron shall be en- arr'^ntitlee?''*to titled to receive any share of prizes captured by any vessel or vessels ahare. not under his command, nor of such prizes as may have been captured by any vessels intended to be placed under his command, before they have acted under his orders. Nor shall the commanding officer of a fleet or squadron, leaving the station where he had command, have any share in the prizes taken by ships left on such station after he has goae out of the limits of his command, nor after he has transferred his com- « mand to his successor. No officer or other person who shall have been temporarily absent on duty from a vessel on the books of which he con- tinued to be borne, while so absent, shall be deprived, in consequence of such absence, of any prize money to which he would otherwise be entitled. And he shall continue to share in the captures of the vessels to which he is attached, until regularly discharged therefrom. Ibid. Notes. — A commander of a squadron is not entitled to share in prizes taken by a vessel thereof, after he had transferred the command to his successor, al- though the captures were made in pursuance of instructions issued by him be- fore the transfer. — Op. X, p. 9, March 4, 1864, Bates. Wilkes's claim. A flag officer of a squadron is not eutitle-l to the share of prize-money accru- ing to the captain of his flag-ship from captures made by that ship while her captain was detached on account of illness, and the flag officer was de facto in command of her. The usage of the naval service gave the command of the ship to the officer next in rank to the detached commander. If there was a commander of the capturing vessel in law or fact, within the terms of the stat- ute of distribution, at the time the capture was made, he is entitled to the com- mander's share; if there was no such, then that share is part of the common fund, in which all concerned have a proportional right. — /dem. " A vessel which arrives within the limits of a command to whiob it is to be at- tached, and the commander thereof reports by letter to the commander-in-chief for farther instructions, which are given but not received until after certain captures have been made, was within the "immediate command" of the com- manding officer of the fleet, who is entitled to share.— Op. XI, p. 94, Sept. 12, 1864. claim of Admiral Lee. Sec. 4634. Whenever a decree of condemnation is rendered, the court Determination shall consider the claims of all vessels to participate iu the proceeds, "^ sliares. and for that purpose shall, at as early a stage of the cause as possible, order testimony to be taken tending to show what part should be awarded to the captors, and what vessels are entitled to share; and such testimony may be sworn to before any judge or commissioner of the courts of the United States, consul or commercial agent of the United States, or notary public, or any officer of the Navy highest in rank, reasonably accessible to the deponent. The court shall make a decree of distribution, determining what vessels are entitled to share in the prize, and whether the prize was of superior, equal, or inferiorforoe to the vessel or vessels making the capture. The decree shall recite the amount of the gross proceeds of the prize subject to the order of the court, and the amount deducted therefrom for costs and expenses, and the amount remaining for distribution, and whether the whole of such residue is to go to tbe captors, or one-half to the captors and one-half to the United States. Ibid., S.9. 11181 19 290 PRIZE. Bonntyforper- Sec. 4635. A bounty shall be paid by the United States for each per- sons on board ves-gg^ Qjj board any ship or vessel of war belonging to an enemy at the Btroyed? " ^ commencement of an engagement, which is sunkor otherwise destroyed in such engagement by any ship or vessel belonging to the United States or which it may be necessary to destroy in consequence of- injuries sus- tained in action, of onehandred dollars, if the enemy's vessel was of in- ferior force, and of two hundred dollars, if of equal or superior force, to be divided among the officers and crew in the same manner as prize- money; and when the actual number of men on board any such vessel cannot be satisfactorily ascertained, it shall be estimated according to the complement allowed to vessels of its class in the Navy of the United States ; and there shall be paid as bounty to the < aptors of any vessel of war captured ftom an enemy, which they may be instructed to destroy, or which is immediately destroyed for the public interest, but not in consequence of injuries received in action, fifty dollars for every person who shall be on board at the time of such capture. Ibid., a. 11 p. 310. Costs and ex- Sec. 4639. All costs and all expenses incident to the bringing in, cus- penses. tody, preservation, insurance, sale, or other disposal of prize-property, when allowed by the court, shall be charged upon such property, and shall be paid from the proceeds thereof, unless the court shall decree restitution free from such charge. lUd., a. 14. Payment of ex- Sec. 4640. No payment shall be made for any prize-fund, except upon ?md!° "'^'^^^ *^^ order of the court. All charges for work and labor, materials fur- nished, or moneypaid, shall be supportedby affidavit or vouchers. The court may, at any time, order the payment, from the deposit made with the assistant treasurer in the cause, of any costs or charges accrued and allowed. When the cause is finally disposed of, the court shall make its order or orders on the assistant treasurer to pay the costs and charges allowed and unpaid ; and in case the final decree shall be for restitution, or in case there shall be no money subject to the order of the court in the cause, any cost or charges allowed by the court, and not paid by the claimants, shall be a charge upon, and be paid out of, the fund for defraying the expenses of suits in which the United States is a party or interested. Hid. Payment of Sec. 4641. The net amount decreed for distribution to the United prize-money. States, or to vessels of the Navy, shall be ordered by the court to be paid into the Treasury of the United States, to be distributed according to the decree of the court. The Treasury Department shall credit the Navy Department with each amount received to be distributed to ves- sels of the Navy ; and the persons entitled to share therein shall be sev- erally credited in their accounts with the Navy Department with the amounts to which they are respectively entitled. In case of vessels not of the Navy, and not controlled by any Department of the Government, the distribution shall be made by the court to the several parties enti- tled thereto, and the amounts decreed to them shall be divided between the owners and the ship's company, according to any written agreement between them, and in the absence of such agreement, one-half to the owners and one-half to the ship's company, according to their respective rates of pay on board ; and the court may appoint a commissioner to make such distribution, subject to the control of the court, who shall make due return of his doings, with proof of actual payments by him, and who shall receive no other compensation, directly or indirectly, than such as shall be allowed him by the court. In case of vessels not of the Navy, but controlled by either Executive Department, the whole amount decreed to the captors shall be divided among the ship's com- pany. Ibid,, s. 15. Distrilantion of Sbc. 4642. All ransom-money, salvage, bounty, or proceeds of con- bonnty, salvage, deraned property, accruing or awarded to any vessel of the Navy, shall *"• be distributed and paid to the officers and men entitled thereto in the same manner as prize-money, under the direction of the Secretary of the Navy. [See $ 3689, Appropriations.] Ibid., B. 11, p. 310. PEIZK 291 Sec. 4652. When any vessel or other property shall have been cap- Keoaptures. tured by any force hostile to the United States, and shall be recaptured, and it shall appear to the court that the same had not been condemned as prize before its recapture, by any competent authority, the court shall award a meet and competent sum as salvage, according to the circumstances of each case. If the captured property belonged to the United States, it shall be restored bo the United States, and there shall be paid from the Treasury of the United States the salvage, costs, and expenses ordered by the court. If the recaptured property- belonged to persons residing within or under the protection of the United States, the court shall adjudge the property to be restored to its owners, upon their claim, on the payment of such sum as the court may award as salvage, costs, and expenses. If the recaptured property belonged to any person permanently resident within the territory and under the protection of any foreign prince, government, or state in amity with the United States, and by the law or usage of such prince, government, or state, the property of a citizen of the United States would be restored under like circuipstances of recapture, it shall be adj ndged to be restored to such owner, upon his claim, upon such terms as by the law or usage of such prince, government, or state would be required of a citizen of the United States under like circumstances of recapture ; or when no such law or usage shall be known, it shall be adjudged to be restored upon the payment of such salvage, costs, and expenses as the court shall order. The whole amount awarded as salvage shall be decreed to the captors, and no part To the United States, and shall be distributed as in the case of proceeds of property condemned as prize. Nothing in this Title shall be construed to contravene any treaty of the United States. Ibid., a. 29, p. 314. N0TB6. — Salvage is the oompensation allowed to persons by whose voluntary assistance a ship at sea or her cargo or both have been saved in whole or in • part from impending sea-peril, or in recovering such property from actual peril or loss, as iu cases of shipwreck, derelict, or recapture. Three elements are necessary to a valid salvage claim; 1. A marine peril; 2. Service voluni^irily rendered when not required as an existing duty or from a special contract. 3. Success in whole or in part, or that the service rendered contributed to such success. Proof of success, to some extent, is as essential as proof of service ; for if tho property is not saved, or if it perishes, or in' case of capture, if it is not retaken, no compensation will be allowed. Compensation as salvage is not viewed by the admiralty courts merely as pay on the principle of quantum meruit, or as a remuneration vro opere et labors, but as a reward given for peril- ous services voluntarily rendered, and as an inducement to mariners to em- bark in such dangerous enterprises to save life and property. (Voluntary sail- ors, if not successful, are entitled to nothing. When engaged to go out to the assistance of a vessel in distress they are to be paid according to their efforts, even though the labor and service may not prove beneficial to the vessel or cargo. The Undaunted, 1 Lusb, 90). — Otto, S. C, 101, p. 384, caseof the Sabine. To constitute a maritime derelict the property at sea must not only be aban- doned, but the abandonment must be without hope of recovery. (2 Kent's Com., 357, and cases cited.) And when such derelicts are found they are to be held, by the general mle of civilized countries, perquisites or droits of the admiralty, subject to be reclaimed by the owner, but without any other claim on the part of the finder than to his reaeonable salvage remnneration cases cited.) what constitutes a reasonable salvage remuneration Is, of course, a Question for ju- dicial determination in each case. — Op. XT, p. 2, Nov. 20, 1863, Bates. Officers and crews of public ships of the United States are not entitled to salvage, civil or military, as of complete legal right. It is against public policy. Wirt (Op. July 22, 1824) said, "it was not demandable in the case of preserva- tion of property of the United States, because the of&cers and crew have done no more than their duty." Attorney-General Johnson advised that it was al- lowable in a case of portable foreign property (Op., 20 June, 1849). The Su- preme Court allowed it in the case of the Amistad (XV Peters, 518). The Sec- retary has the power to forbid the demand of It by any public ship under his orders.— Op. Til, p. 756, Cushiug, July 8, 1856- Where a vessel at sea is in imminent danger, and a part of either vessel or cargo IS voluntarily sacrificed to save the rest, and the sacrifice is successful, the portion saved must contribute pro rata to make the loss good. The direct and immediate consequences of involuntary stranding not subjects of general average; nfter stranding, to avert peril surrounding vessel and cargo, owners of cargo to contribute by way of general average proportion of expenses vol- untarily incurred and sacrifices voluntarily made. Injury to vessel in act of stranding not a subject of general average.— Op. IX, p. 447, July 19, 1860, Slack. Where a vessel put into a harbor "in a furious storm," leaking, was run ashore and wrecked through no fault or misconduct on the part of the master - and crew, the owners are under no legal obligation to remove the wreck, al- though it may be a serious obstruction to navigation.— Op. XV, p. 71. See also p. 285, as to the authority of the G-ovemment as to the removal or wrecks which are obstructions. The word " wrecked " as used in section 4136 Kevised Statutes (concerning the registering of vessels) is applicable to a vessel which is disabled and ren- dered unfit for navigation, whether by the wind, w^ves, stranding, fire, explo- sion of boilers, or oflier casualty.— Op. XV, p. 402, Dec. 5, 1877. 292 QUARANTINE AND NATIONAL BOARD OF HEALTH. ITltle 69. The officers and crew of a vessel in the naval marine of the United States are entitled to salvage for saving a French ship, the objection that Govemnient vessels are not thus entitled being invalid. Theroleis nniversal m the Unitea Stat«s, that salvage rendered by the naval marine is to be compensated mlifce manner as that rendered by the private marine.— Op. "V, p. 116, Jane 20, 181», Johnson. See also Op. Xlf, p. 289, on the subject. It is well settled that' where a vessel is voluntarily run ashore to prevent a total loss of vessel and cargo, but is afterwards recovered so as to be able to perform her voyage, the loss resulting from the stranding is to made good by general average contribution. The contribution applies to the Government as weU as to individuals.— C. C. XV, p, 392. Sec. 5310. No property seized or taken upon any of tlie inland waters of the United States by the navai forces thereof shall be regarded as on^Sd^ater™ maritime prize; but all property so seized or taken shall be promptly delivered to the proper officers of the courts. 2 July, 1864, o. 7, V. 13, p. 377. Title 70, Chap. B. Sbc. 5441. Every person who willfully does any act or aids or advises -:;r"j — : ^ in the doing of any act relating to the bringing in, custody, preserva- franm^^^captortion. sale- or other disposition of any property captnjed as prize, or or claimant, &o., relating to any documents or papers connected with the property, or to ofprize-property. any deposition or other document or paper connected with the pro- ceedings, with intent to defraud, delay, or injure the United States or any captor or claimant of such property, shall be punished by a fine of not more than ten thousand dollars, or by imprisonment not more than five years, or both. [See 55 4613-4652.] 30 June, 1864, s. 31, v. 13, p. 315. QUAEANTINE AKD NATIONAL BOARD OF HEALTH. Sec. 4792. State health-laws to be observed by "Doited States officers. Eefrigerating vessels. Tessels for quarantine. Contagious diseases from infected ports. Medical inspectors at consulates. Sec. Distribution of regulations. Health officer's certificates. Detail of officers on Board of Health. Xiimitation of act. Further appropriations. Title 58. Sec. 4792. The quarantine and other restraints established by the State health- health-laws of any State, respecting any vessels arriving in, or bound laws to be ob- to, any port or district thereof, shall be duly observed by the officers served by United of the customs revenue of the United States, by the masters and crews States officers, of the several revenue-cutters, and by the military officers commanding ■ in any fort or station upon the sea-coaat ; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health-laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury. But nothing in this Title shall en- able any State to collect a duty of tonnage or impost without the con- sent of Congress. 23 Feb., 1799, s. 1, v. 1, p. 619. 18 April, 1879. That the Secretary of the Treasury be, and hereby is, autljprized to Eefrigerating contract for the purchase or construction of such steam vessel, and re- ahip. frigerating machinpry, or to arrange with the Navy Department for the use of such vessel as may be recommended by the National Board of Health to disinfect vessels and cargoes from ports suspected of infec- tion with yellow fever or other contagious disease ; the construction of the same, if such construction shall be rfecomoiended by said Board of Health, to be under the inspection of an officer of the Bureau of Steam Engineering of the Navy, who may, at the request of the Secretary of the Treasury, be detailed by the Secretary of the Navy for that pur- pose ; and for the purpose of such purchase or construction, the sum of Appropriation, two hundred thousand dollars or so much thereof as may be necessary, to be immediately available, is hereby appropriated out of any moneys in the Treasury not otherwise appropriated. 18 April, 1879, V. 21, p. 1. 14 June, 1879. That the Secretary of the Navy be, and he is hereby, authorized, in " 7" his discretion, at the request of the National Board of Health, to place gratuitously, at the disposal of the commissioners of quarantine, or the proper authorities at any of the ports of the United States, to be used by them temporariljf for quarantine purposes, such vessels or hulks Vess els quarantine. QUARANTINE AND NATIONAL BOARD OF HEALTH. 293 * belonging to the United States as are not required for other uses of the national Government, snbjeot to such restrictions and regulations as the said Secretary may deem necessary to Impose for the preservation thereof. - 14 June, 1879*, joint resolution, T. 21, p. 50. That it shall be unlawful for any merchant ship or vessel from any 2 June, 1879. foreign port where any contagious or infectious disease exists, to enter (;„nt»ei„„-ajg. any port of the United States except in accordance with the provisions { of this act, and all rules and regulations of State boards of health and all rules and regulations made in pursuance of this act ; and any such vessel which shall enter, or attempt to enter, a port of the United. y*'||'' '?'"" State, in violation thereof, shall forfeit to the United States a sum, to a ports, be awarded in the discretion of the court, not exceeding one thousand dollars, which shall be a lien upon said vessel, to be recovered by pro- Penalty, ceedings in the proper district court of the United States. And in all such proceedings the United States district attorney for such district Proceedings, shall appear on behalf of the United States, and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels for violation of the revenue laws of the United States. Sec. 2. All such vessels shall be required to obtain from the consul, Bill of health, vice-consul, or other consular officer of the United States at the port of departure, or from the medical officer, where such officer has been detailed by the President for that purpose, a certificate in duplicate setting forth the sanitary history of said vessel, and that it has in all respects complied with the rules and regulations in such cases prescribed for securing the best sanitary condition of the said vessel. Its cargo, passengers, and crew; and said consular or medical officer is required, before granting such certificate, to be satisfied the matters and things therein stated are true ; and for his services in that behalf he shall be jigeg, entitled to demand and receive such fees as shall by lawful regulation be allowed, to be accounted for as is required in other cases. That upon the request of the National Board of Health the President Medioalinspect- is authorized to detail a medical officer to serve in the offios of the con- °™ ** oonealates. Bul at any foreign port for the purpose of making the inspection and giving the certificates hereinbefore mentioned: Provided, That the number of officers so detailed shall not exceed at any one time six : * # * . * * * # Sec. 5. That the National Board of Health shall from time to time Distnhution of issue to the consular officers of the United States and to the medical offi- Eegulationg. cers serving at any foreign port, and otherwise make publicly known, the rules and regulations made by it and approved by the President, to be used and complied with by vessels in foreign ports for securing the best sanitary condition of such vessels, their cargoes, passengers, and crews, before their departure for any port in the United States, and in the course of the voyage ; and all such other rules and regula- tions as shall be observed in the inspection of the same on the arrival thereof at any quarantine station at the port of destination, and for the disinfection and isolation of the same, and the treatment of cargo and persons on board, so as to prevent the introduction of cholera, yel- low fever, or other contagious or infectious diseases ; and it shall not be lawful for any vesselto enter said port to discharge its cargo or Health officer'* laud its passengers except upon a certificate of the health officer at certificates, such quarantine station, certifying that said rules and regulations have in all respects been- observed and complied with, as well on his part as on the part of the said vessel and its master, in respect to the same and to its cargo, passengers and crew ; and the master of every such vessel shall produce and deliver to the collector of customs at said port of entry, together with the other papers of the vessel, the said certificates required to be obtained at the port of departure, and the certificate herein required to be obtained from the health officer at the port jof entry. Sec. 7. That the President is authorized, when requested by the Detail of offl- National Board of Health, and when the same can be done without "*"■ prejudice to the public service, to detail officers from the several De- partments of the Government, for temporary duty, to act under the direction of said board, to carry out the provisions of this act ; and such 294 EAILEOADS AND TELEGRAPHS. officers shall receive no additional compensation except for actual and necessary expenses incurred in the performance of such duties. # * # # # # • Sec. 10. This act shall not continue in force for a longer period than four years from the date of its approval. [See March 3, 1883, post.J 2 Jnne, 1879, v. 21, p. 5. 3 Mar., 1883. For the National Board of Health. For compensation and personal Appropriation expenses of members of the board ten thousand dollars. forBoard^&c. The President of the United States is hereby authorized, in case of a threatened or actual epidemic, to use a sum, not exceeding one hun- dred thousand dollars, out of any money in the Treasury not otherwise appropriated, in aid of State and local boards or otherwise, in his dis- cretion, in preventing and suppressing the spread of the same and maintaining quarantine at points of danger. 3 March, 1883, v. 22, p. 613. Sundry civil act. RAILROADS AND TELEGRAPHS. RAILROADS. Sec. < I Sec. 5258. Inter-State commnnication. 5261. Koads may bring sait. 6260. Payments to be withheld from certain roads, i Sundry provisions. Title 64. Sec. 5258. Every railroad company in the United States, whose road Inter State com- ^^ operated by steam, its successors and assigns, is hereby authorized to mnnication. carry upon and over its road, boats, bridges, and ferries, all passengers, troops, government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination. But this section shall not affect any stipulation between the Government of the United States and any railroad company for transportation or fares without compensation, nor impair or change the conditions im- posed by the terms of any act granting lands to any such company to aid in the construction of its road, nor shall it be construed to authorize any railroad company to build any new road or connectjion with any other road without authority from the State in which such railroad or connection may be proposed. And Congress may at any time alter, amend, or repeal this section. 15 June, 1866, ss. 1, 2, v. 14, p. 66. Secretary of Sbc. 5260. The Secretary of the Treasury is directed to withhold all ^thhold'^"?aT° P^y™®''*^ *° "''^y railroad company and its assigns, on account of freights ment to cOTtain "'' transportation over their respective roads of any kind, to the amount railroads. of payments made by the United States for interest upon bonds of the United States issued to any such company, and which shall not have been re-imbursed, together with the five per centum of net earnings due and unapplied, as provided by law. 3 March, 1873, s. 2, v. 17, p. 508. 22 June, 1874, v. 18, p. 200. Companiesmay ^^°- ^^^^' ^°y ^^"^ company may bring suit in'the Court of Claims sue in Court of 'to recover the price of such freight and transportation, and in such suit Claims. the right of such company to recover the same upon the law and the facts of the case shall be determined, and also the rights of the United States upon the merits of all the points presented by it in answer thereto by them ; and either party to snch suit may appeal to the Supreme Court ; and both said courts shall give such cause or causes precedence of all other business. 3 March, 1873, s. 2, v. 17, p. 508. Notes.— in act approved July 12, 1876, chap. 179, v. 19, p. 78, regulates com- pensation for caiTymg mails over land-grant roads. An act approved March 3, 1879, chap. 183, v. 20, p. 410, provides for the ad- justment of accounts for transportation of the Army, &c., by certain railroads, subject to the provisions of this section. An act approved June 19, 1878, chap. 316, v. 20, p. 109, established the office of Auditor of Kailrosds and contains sundry provisions relative to his duties, &c. The second section of the act of May 7, 1878, chap. 96, v. 20, p. 56, provides that the whole amount of compensation due to certain railroads therein men- tioned, for services rendered to the G-overnment, shall be retained by the United States, one-half thereof to be applied to the liquidation of the interest paid and RAILROADS AND TELEGRAPHS. 295 to be paad by the United States npon the bonds so issued by it to each of the corporations, and the other half to be turned into the sinking fund provided for in said act. An act approved June 22, 1874, ohap. 414, vol. 8, p. 200, directed the Secretary of the Treasury to require payment of the railroad companies of all sums of money due, or to become due, the TTnited States for the five per centum of the net earnings provided for by the act of July 1, 1862, ohap. 120, v. 12, p. 489, or by any other acta, for the construction of a railroad and tele^aph line from the Missouri Eiver to the Faciflc Ocean, and in case of their refusal to pay, to cer- tify the feet to the Attomey-Qeneral for suit. TELEGRAPHS. Sec. / 5266. Government to have v priority in transmis- sion of messages. 5267. Government entitled to purchase lines. 5268. Acceptance of obligation to be filed. Sec. 5269. Penalty for refusal to transmit dispatcher Departmental telegraph. Destroying telegraph lines. Title 6S. Sec. 5266. Telegrams between the several Departments of the Gov- ernment and their officers and agents, in their transmission over the « . . lines of any telegraph company to which has been given the right of jiave^priortty S way, timber, or station lands from the public domain shall have pri- transmission of ority over all other business, at such rates as the Postmaster-General "UBssages. shall annually fix. And no part of any appropriation for the several Departments of the Government shall be paid to any company which neglects or refuses to transmit such telegrams in accordance with the provisions of this section. 24 July, 1866, s.2, v. 14, p. 221. 8 June, 1872, s. 17, v. 17, p. 287. 10 June, 1872, s. 1, v. 17, p. 366. Note. — The Postmaster-General in his circular fixing rates for the fiscal year ending June 30, 1883, says: "All oficers of the United States Government should indorse upon ofiicial messages transmitted by them the words ' official ' business,' and should report to the Postmaster-General any charges in excess of the rates."— See Op. XIV, 63, 123, 173, 313; XTI, 353; XV, 654, 579, regarding the transmission of messages over lines. Sec. 5267. The United States may, for postal, military, or other pur- StfV"?™*"* poses, purchase all the telegraph lines, property, and effects of any or ohasellines. ""'" all companies acting under the provisions of the act of July twenty- fourth, eighteen hundred and sixty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or under this Title, at an . appraised value, to be ascertained by five competent, dis- interested persons, two of whom shall be selected by the Postmaster- General of the United States, two by the company interested, and one by the four so previously selected. 24 July, 1866, s. 3, v. 14, p. 221. Sec. 5268. Before any telegraph company shall exercise any of the (,i,Heatwn^"to be powers or privileges conferred by law such company shall file their jiea, written acceptance with the Postmaster-General of the restrictions and obligations required by law. Jhid., s. 4. Sec. 5269. Whenever any telegraph company, after- having filed its . ^™^*y ^°^ ■■?• written acceptance with the Postmaster- General of the restrictions and SIpatches™' obligations required by the act approved July twenty-fourth, eighteen hundred and s^ty-six, entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," or by this Title, shall, by its agents or employes, refuse or neglect to transmit anjr such telegraphic communications as are provided for by the aforesaid act, or by this Title, or by the provisions of section two hundred and twenty-one, Title "The Department of War," authorizing the Secretary of War to provide for taking meteorological observations at the military stations and other points of the interior of the continent, and for giving notice on the northern lakes and sea-board of the approach and force of storms, such telegraph company shall be liable to a penalty of not less than one hundred dollars and not more than one thousand dollars for each such refusal or neglect, to be recovered by an action or actions at law in any district court of the United States. 10 June, 1872, s. 1, v. 17, p. 366. 20 Feb., 1877, ohap. 63, v. 19, p. 232. 27 Feb., 1877, chap. 69, v. 19, p. 252. 296 EESEEVED TIMBER AND LANDS. 23 June, 1874 That any person or persons who shall wilfully or maliciously injure _.,. ,, ~r. or destroy any of the works or property or material of any telegraphic maliokmsfy de- line constructed and owned, or in process of construction, by the United Btroying works States, or that may be hereafter constructed and owned or occupied or property of and controlled by the United States, or who shall wilfully or maliciously national tele- interfere in any wav with the working; or use of any such telegraphic grapn lines. ^^^^^ ^^ ^^^ ^j^^jj Wilfully or maliciously obstruct, hinder, or delay the transmission of any communication over any such telegraphic line, shall be deemed guilty of a misde" eanor, and, on conviction thereof in anv district court of the United States having jurisdiction of the same,'shall be punished hy a fine of not less than one hundred nor more than one thousand dollars, or w ith imprisonment for a term not ex- ceeding three years, or with both, in the discretion of the court. 23 Jane, 1874, v. 18, p. 250. Note. — Section 223 of theEevised Statutes authorizes the Secretary of War to establish signal stations at light-housea and at such of the life-saving sta- tions as may be suitably located for the purpose, and to connect the same with such points as may be necessary for the proper discharge of the signal service by means of a suitable telegraph line in cases where no lines are in operation, to be constructed, maintained and workt- d under the direction of the chief sig- nal officer of the Army or the Secretary of War and the Secretary of the Treas- ury. Subsequent acta provide for the construction, under the Secretary of War, of military telegraph lines, and that private dispatches of lawful nature may be transmitted over them, whenever the same are not needed for public use, at reasonable rates, not to exceed the usual rates charged by private tele- graph companies — the proceeds thereof to be accounted for and paid into the Treasury of the United States.— See v. 18, p. 51, and v. 20, p. 206. 4 Feb., 1874'. That the lines of telegraph, connecting the Capitol with the various — r — — — - — Departments in Washington, constructed under and by virtue of the •partmental" tde- ^"^ "^ Congress approved March third, eighteen hundred and seventy- graph, three, entitled " An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and seventy-four, and for other purposes," be, and the same are hereby, placed under the supervision of the officer in charge of the public buildings and grounds: and that the said officer be authorized and empowered to make rules and regulations for the working of said lines. And the Secretary or Head of each Executive Department, and the Congressional Printer, are hereby authorized to detail one person from their present force of employees to operate the instruments in said Departments and printing office, and each House of Congress ihay pro- Tide for the employment of an operator in their respective wings of the Capitol, at a compensation not exceeding one hundred dollars per month, during the sessions of Congress. 4 Feb., 1874, V. 18, p. 14. 7 Mar., 1874. Provided, That said lines of telegraph shall be for the use only of Senators, Members of Congress, Judges of the United States courts, and officers of Congress and of the Executive Departments, and solely on public business. 7 March, 1874, v. 18, p. 20. Note — An appropriation is made annually and expended under direction of the War Department, for care of the telegraph connecting the capitol with the Departments and G-overnment Printing Olnce. See v. 22, chap. 143, p. 615, March 3, 1883. EESEEVED TIMBEE AND LANDS. Sec. * 2463. Clearance of vessels laden withllve-oak, pros- ecution of depredators. 4205. Duties of collectors of customs. 5388. Depredations on timber-lands. Protection of sbade-trees, fences, &o. See. 2458. Live-oak and red-cedar lands. 2459. Selection of live-oak and red-cedar tracts. 2460. Protection of live-oak and red-cedar timber. 2461. Cutting or destruction of live-oak or red-ce- dar, penalty. 2462. Vessels employed in carrying away live-oak and red-cedar, forfeiture of. Title 32, Chap. 11. SEC. 2458. The Secretary of the Navy is authorized, under the direo- Live-oak and *^°° "^ ^^^ President, to cause such vacant and unappropriated lands of red-oedar lands. ^^^ United States as produce the live-oak and red-cedar timbers to be explored, and selection to be made of such tracts or portions thereof, ■where the principal growth is of either of such timbers, as in his judg- ment may be necessary to furnish for the Navy a sufficient supply of the same. 1 March, 1817, s. 1, v. 3, p. 347. 16 May, 1820, v. 3, p. 607. 3 March, 1827, s. 3, v. 4, p. 243. RESERVED TIMBER AND LANDS. 297 Sec. 2459. The President is authorized to appoint surveyors of public Selection of lands, who shall perform the duties prescribed in the preceding section, li^e-oak and red- and report to him the tracts by them selected, with the boundaries as- ™ ^ certained and accurately designated by actual survey of water-courses ; and the tracts of land thus selected with the approbation of the Presi- dent shall be reserved, unless otherwise directed by law, from any fu- ture sale of the public lands, and be appropriated to the sole purpose of supplying timber for the Navy of the United States ; but nothing in this section contained shall be construed to prejudice the prior rights of any ■person claiming lauds, which may be reserved in the manner herein provided. 1 March, 1817, s. 1, r. 3, p. 3i7. Sbc. 2460. The President is authorized to employ so much of the land Protection of and naval forces of the United States as may be necessary effectually to li™-oak and red- prevent the felling, cutting down, or other destruction of the timber of "^^ t™oer. the United States in Florida, and to preVent the transportation or carry- ing away any such timber as may be already felled or cut down ; and to take such other and further measures as may be deemed advisable for . the preservation of the timber of the United States in Florida. 23 Feb., 1822, V. 3, p. 651. Sec. 2461. If any person shall cut, or cause or procure to be cut, or aid, Cntting or de- aBsist, or be employed in cutting, or shall wantonly destroy, or cause or stnio'ion of llve- procure to be wantonly destroyed, or aid, assist, or be employed in wan- ptn^t^^ "* ™' tonly destroying any live-oak or red-cedar trees, or other timber stand- ing, growing, or being on any lands of the United States, which, in pur- suance of any law passed, or hereafter to be passed, have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom timber for the Navy of the United States; or if any person shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing from any such lands which have been reserved or purchased, any live-oak or red cedar trees, or other timber, unless duly authorized so to do, by order, in writing, of a competent offi- cer, and for the use of the Navy of the United States; or if any person shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live-oak or red-cedar trees, or other timber on, or shall remove, or cause or procure to lie removed, or aid, or assist, or be em- ployed in removing any live-oak or red-cedar trees or other timber, from any other lands of the United States, acquired, or hereafter to be ac- quired, with intent to export, dispose of, use, or employ the same in any manner whatsoever, other than for the use of the Navy of the United States; every such person shall pay a fine not less than triple the value of the trees or timber so cut, destroyed, or removed, and shall be im- prisoned not exceeding twelve months. , [See 5 4751, Pension Fund.] 2 March, 1831, s. 1, v. 4, p. 472. Sec. 2462. If the masterj owner, or consignee of any vessel shall know- Vessels employ- ingly take on board any timber cut on lauds which have been reserved ®^ "'r'^^I'^f or purchased as in the preceding section prescribed, without proper an- l^^red-oedar, thority, and for the use of the Navy of the United States ; or shall take forfeiture of. on board any live-oak or red-cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited to the United States, and the captain or master of such vessel wherein the same was exported to any foreign country against the provisions of this section shall forfeit and pay to the United States a sum not exceed- ing one thousand dollars. [See $ 4751, Pension Fund, Navy.] Ide^n, s. 2. Sec. 2463. It shall be the duty of all collectors of the customs within Clearance of the States of Alabama, Mississippi, Louisiana, and Florida, before allow- ^|h* ifye-oak" ing.,a clearance to any vessel laden in whole or in part with live-oak progeo^itionof^el timber, to ascertain satisfactorily that such timber was cut from private predators, lands, or, if from public ones, by consent of the Navy Department. And it is also made the duty of all officers of the customs, and of the land officers within those States, to cause prosecutions to be seasonably insti- tuted against all persons known to be guilty of depredations on, or in- juries to, the live-oak growing on the public lands. [See J 4751, Pen- sion Fund, Navy. ] 2 March, 1833, s. 3, v. 4, p. 647. 298 RESEEVED TIMBER AND LANDS. Title 48, Map. 2. Sec. 4205. Collectors of the ooUeotion-districts within the States of ~p;:j } Florida, Alabama, Mississippi, and Lonisiana, before allowing a clearance vesslnlden wiS to any vessel laden in whole or in part with live-oak timber, shall ascer- live-oak. tain satisfactorily that such timber was cut from private lands, or, if from public lands, by consent of the Department of the Navy. 3 March, 1833, 8.3, v. 4, p. 647. Iitle70«'Gliap.3. Sec. 5388. Every person who unlawfully cuts, or aids or is employed "f; TT^ " in unlawfully cutting, or wantonly destroys, or procures to be wantonly on tmTber land".' destroyed, any timber standing upon lands of the United States, which, in pursuance of law, may be reserved or purchased for military or other purposes, shall pay a fine of not more than five hundred dollars, and be imprisoned not more than twelve months. 3 March, 1859, v. 11, p. 408. 3 Mar., 1875. Ssc. 1. That if any person or persons shall knowingly and unlawfully ' Cnttinff^ or in '^^^' °^ ^^^^11 knowingly aid, assist, or be employed in unlawfully cutting, taring trees on or shall wantonly destroy or injure, or procure to be wantonly destroyed lands of U. S. re- or injured, any timber-tree or any shade or ornamental tree, or any other served or pur-i^in^ of tree, standing, growing, or being upon any lands of the United chased for public gj^tes, which, in pursuance of law, have been reserved, or which have been purchased by the United States for any public use, every such per- son or persons so offending, on conviction thereof before any circuit or district court of the United States, shall, for every such offense, pay a Pnnishment. fine not exceeding five hundred dollars, or shall be imprisoned not ex- ceeding twelve months. Breakingfences, Sbc. 2. That if any person or persons shall knowingly and unlawfully SnAsof U I'r^^^®*^ "^ destroy any fence, wall, hedge, or gate inclosing any lands of served or pur- the United States, which have, in pursuance of any law, been reserved chased forpublio or purchased by the United States for any publfc use, every such per- ise. son so offending, on conviction, shall, for every such offense, pay a fine Pnnishment. ^^^ exceeding two hundred dollars, or be imprisoned not exceeding six months. Breakingfences Sec. 3. That if any person or persons shall knowingly and unlawfully *^«i ^^ driving break, open, or destroy any gate, fence, hedge, or wall inclosing any lands, fands of TJ' s"re- °^ ^^^ United States, reserved or purchased as aforesaid, and shall drive served for pnblic any cattle, horses, or hogs upon the lands aforesaid for the purpose of nse. destroying the grass or trees on the said grounds, or where they may destroy the said grass or trees, or if any such person or persons shall knowingly permit his or their cattle, horses, or hogs to enter through Permitting any of said inclosures upon the lands of the United States aforesaid, cattle, &o., to en- -trhere the said cattle, horses, or hogs may or can destroy the grass or olosnres"o? sudi ^^^^^ °^ other property of the United States on the said land, every such lands. person or persons so offending, on conviction, shall pay a fine not exceed- Ponishment. ing five hundred dollars, or be imprisoned not exceeding twelve months : Proviso, Provided, That nothing in this act shall be construed to apply to unsur- veyed pnblic lands and to public lands subject to pre-emption and homestead laws, or to public lands subject to an act to promote the development of the mining resources of the United States, approved May tenth, eighteen hundred and seventv-two. 3 March, 1876, v. 18, p. 481. iApril 30, 1878. All moneys heretofore, and that shall hereafter be, collected for dep- Denosit of col- '^^dation upon the public lands shall be covered into the Treasury of leotimis for dep- ^^^ United States, as other moneys received from the sale of public redations. lands. ♦ * « Seizure of tim- If any timber cut on the public lands shall be exported from the her exported. Territories of the United States, it shall be liable to seizure by United States authority wherever found. * * * 30 April, 1878, oh. 76, s. 2, v. 20, p. 46. KOTES — Under section 4751, the Secretary of the Navy has power to miti- gate any fine, penalty, or forfeiture incurred under the provisions of the sec- tions designated therein ; and this power may be exercised by him as well where the proceedings, civil or criminal, have not been instituted with his knowledge and by his direction as where they have been thus instituted.— Op. XT, 436, Devens, Jan. 23, 1878. Live-oak timber cut, in violation of law, for the purposes of transportation, is not subject to forfeiture, so as to give informers a right to a distributive por- tion of it, such timber being all the while, in law, the property of the United States. The act of March 2, 1831, makes no provision lor the forfeiture of tim- her.— Op. IV, 247, Nelson, Sept. 2, 1843. The moneys referred to in the act of April 30, 1878, chap. 76, are that part of the penalty which is payable to the Secretary of the Navy, under sec. 4751, Pension Funds.— Op. July 19, 1883. Phillips. REVENUE-CUTTER SERVICE. 299 EBVENDB-CUTTER SERVICE. Sec. 2768. Contracts for rations authorized, . 2757. Sevenue officers to co-operate with* the Navy. 2760. Powers and duties of officers of revenue- cutters. Appointment of cadets. Detail for life-saving service. Sec. 1492. Rank with the Navy. 2749. Number of officers and men. 2750. G-rades of engineers. 2751. Appointment of commissioned officers. 2752. Qualifications of captains and lieutenants. 2753. Compensation of oCBcer of revenue-cutter service. 2754. "Wages of petty officers and crews. 2755. Officers on duty entitled to one Navy ration per day. Sbc. 1492. The officers of the revenue-cutter service when serving, in Title 16, Chap, 4, accordance with law, as a part of the Navy, shall be entitled to relative nevenue-outter rank, as follows: Captains, with and next after lieutenants fcommanding officers serving in the Navy ; first lieutenants, with and next after lieutenants in the as part of the Navy; second lieutenants, with and next after masters in line in the ^^^y- Navy; third lieutenants, with and next after ensigns in the Navy. 4 July, 1863, s. 4, v. 12, p. 640. 2 March, 1799, s. 98, v. 1, p. 699. 16 July, 1862, ss. 1, 11, V. 12, pp. 683, 685. Sec. 2749. The officers for each revenue- vessel shall be one captain, Titles*, Chap. 3, and one first, one second, and one third lieutenant, and for each steam- ifumberof offi- vessel, in addition, one engineer and one assistant engineer; bat the oers and men. Secretary of the Treasury may assign to any vessel a greater number of officers whenever in his opinion the nature of the service which she is directed to perform requires it. And vessels of both descriptions shall have such number of petty officers and men as in the opinion of the Secretary are required to make them efficient for their service. 25 July, 1861, s. 2, V. 12. p. 275. 31 July, 1876, v. 19, p. 107. Sec. 2750. The grades of engineers shall be chief engineer, and first .Grades of eni and second assistant engineer, with the pay and relafive rank of first, S'^^^™- second, and third lieutenant, respectively. 4 Feb., 1863, s. 2, v. 12, p. 639. Sbc. 2751. The commissioned officers of the revenue-cutter service Appointment shall be appointed by the President, by and with the advice and con- "ffioera"""" sent of the Senate. Idem, a. 1. Sec. 2752. No person shall be appointed to the office of captain, first. Qualifications second, or third lieutenant, of any revenue-cutter, who does not adduce °^ captains and competent proof of proficiency and skill in navigation and seamanship. ™»t«"»™9- 2 March, 1855, s. 2, v. 10, p. 630. Sec. 2753. The compensation of the officers of the revenue-cutter Compensation service shall be at the following rates while on duty: "* officers of rev- Captains, twenty-five hundred dollars a year each. enue-outter serv- First lieutenants and chief engineers, eighteen hundred dollars a year each. Second lieutenants and first assistant engineers, fifteen hundred dol- lars a year each. Third lieutenants and second assistant engineers, twelve hundred dol- . lars a year each. And at the following rates while on leave of absence or while waiting orders : Captains, eighteen hundred dollars a year each. First lieutenants and chief engineers, fifteen hundred dollars a year each. Second lieutenants andr fist assistant engineers, twelve hundred dol- lars a year each. ' ' Third lieutenants and second assistant engineers, nine hundred dol- lars a year each. 28 Feb., 1867, s. 1, v. 14, p. 416. Sec. 2754. The wages of petty officers and seamen of the revenue-out- Wages of petty ter service shall not exceed the average wages paid for like services on "^f'"®"^* ^"^ the Atlantic or Pacific coast, respectively, in the merchant service. 4 Feb., 1863, s. 3, v. 12, p. 640. 300 EEVENUE-CUTTEE SERVICE. nations. Sec. 27.^5. Each officer of the reveuue-outter service, while on duty, shall be entitled to one Navy ration per day. 28 Feb., 1867, s. 2, v. 14, p. 416. Contracts for Sec. 2756. The Secretary of the Treasury may cause contracts to be latiyas. made for the supply of rations for the officers and men of the revenue- cutters. 2 March, 1799, 8. 98, v. 1, p. 699. M"OTE. — Officers of the revenue-cutter service belong to the civil service, as contradistinguished from the naval and military — are subject to removal by the President, with the concurrence of the Senate in confirming the nomination of a successor.— Op. XV, p. 396, Nov. 13, 1877, Devens. Eevenne offl- Sbc. 2757. The revsQ^ue-cutters shall, whenever the President so di- cers to co-operate rects, oo-operate with the Navy, during which time they shall be under •with the Navy, the direction of the Secretary of the Navy, and the expenses thereof shall be defijayed by the Navy Department. [See $ § 5557, 5558 Slave- Tkadk.] Idem. Powers and dn- Sec. 2760. The officers of the revenue cutters shall respectively be ties of officers of deemed officers of the customs, and shall be subject to the direction of revenue-cutters, such collectors of the revenue, or other officers thereof, as from time to time shall be designated for that purpose. They shall go on board all vessels which arrive within the United States or within four leagues of the coast thereof, if bound for the United States, and search and exam- ine the same, and every part thereof, and shall demand, receive, and certify the manifests required to be on board certain vessels, shall affix and put proper fastenings on the hatches and other communications with the hold of any vessel, and shall remain on board such vessels until they arrive at the port or place of their destination. ' Idem, g. 99, p. 700. 31 July 1876. Hereafter upon the occurring of a vacancy m the grade of 'third lieu- ■ tenant in the Revenue Marine Service, the Secretary of the Treasury Appointment may appoint a cadet, not less than eighteen nor more than twenty-five of cadets. years of age, witlj rank next below that of third lieutenant, whose pay shall be three-fourths that of a third lieutenant, and who shall not be appointed to a higher grade until he shall have served a satisfactory probationary term of two years, and passed the examination required by the regulations of said service ; and upon the promotion of such cadet another may be appointed in his stead; but the whole number of third lieutenants and cadets shall at no time exceed the number of third lieutenants now authorized by law. 31 July, 1876, v. 19, p. 102. [The 8th section of the aot approved June 18^878, chap. 26.5, v. 20, p. 163, pro- vides that the Secretary of the Treasury may detail such officer or officers of the Kevenue Marine Service as ma^be necessary to afct as inspectors and assist- ant inspectors of life-saving stations, who shall perform such duties in con- nection with the condact of the service as may be required of them by the general superintendent.] SLAVE-TRADE, KIDNAPPING, COOLY-TRADE. 301 SLAVE-TEADE, KIDNAPPING, OOOLT-TRADE. Sec. 2118. Cooly-trade prohibited. 2159. Vessels employed in oooly-trade shall be forfeited. 2160. Building -ressels to engage in cooly-trade, how punished. 2161. Funiahment for violation of section 2158. 2162. This.Title not to interfere with Tolnntary emigration. 2163. Examination of yessels. Transporting from Oriental countries sub- jects without consent. 5378. Equipping vessels for slave-trade. 5379. Transporting persons to be held as slaves. 5381. Serving in vessels transporting slaves. 5382. Same. 5524. Receiving or carrying away any person to be sold or neld as a slave. 5525. Kidnapping. 5551. Equipping, &c., vessel for slave-trade ; for- feiture of vessel. 5552. Penalty on persons building, equipping, &c. 5553. Forfeiture of vessel transporting slaves. 5554. Penalty for receiving persons on board to be sold as slaves. Sec. 5557. Seizure of vessels engaged in the slave-trade. 5558. Proceeds of condemned vessels, how distrib- uted. 5559. Disposal of persons found on board seized vessels. 5560. Apprehension of of&cers and crew. 5561. Removal of persons delivered &om seized vessels. 5562. Bounty. 5563. To what port captured vessels sent. 5564. When owners of foreign vessels shall give bond. 5565. Distribution of penalties. 5566. Contracts for reception in Africa of persons delivered from seized vessels. 5567. Instructions to commanders of armed ves- sels. 5568. Contracts for reception, &c., in "West Indies of persons delivered from seized vessels. 5569. Instructions to commanders of armed ves- sels. COOLY TRADE. Sec. 2158. No citizen of the United States, or foreigner coming into Title 29. or residing within the same, shall, for himself or for any other^person, Coolv-trade either as master, factor, owner, or otherwise, build, equip, load, or prohibited, otherwise prepare, any vessel, registered, enrolled, or licensed, in the United States, for the purpose of procuring from any port or place the subjects of China, Japan, or of any other oriental country, known as " coolies," to be transported to any foreign port, or place, to be disposed of, or sold, or transferred, for any time, as servants or apprentices, or to be held to service or laboi\ 19 Feb., 13 9 Feb., 181 I, 8. 1, V. 12, p. 340. , V. 15, p. 269. Sec. 2159. If any vessel, belonging in whole or in part to a citizen of Vessels em- the United States, and registered, enrolled, or otherwise licensed there- ployed in oooly- in, be employed in the "cooly-trade," so called, contrary to the provi8-*™6.^h»ll ^ ions of the preceding section, such vessel, her tackle, apparel, furniture, ™"^™*- and other appurtenances, shall be forfeited to the United States, and shall be liable to be seized,, prosecuted, and condemned in any of the circuit courts or district courts of the United States for the district where the vessel may be found, seized, or carried. IMd. Sec. 2160. Every person who so builds, fits out, equips, loads, or other- Building ves- wise prepares, or who sends to sea, or navigates, as owner, master, '^1'' *" ®"Bag8 in factor, agent, or otherwise, any vessel, belonging in whole or in part to pu^J^j ' a citizen of the United States, or registered, enrolled, or licensed within the same, knowing or intending that such vessel is to be or may be em- ployed in that trade, contrary to the provisions of section twenty-one hundred and fifty-eight, shall be liable to a fine not exceeding two thousand dollars, and be imprisoned not exceeding one year. 19 Feb., 1862, s. 2, v. 12, p. 340. ' Sec. 2161. Every citizen of the United States who, contrary to the Punishmentfor provisions of section twenty-one hundred and fifty-eight, takes on board violation of sec- of any vessel, or receives or transports any such subjects as are de- ti"" 2158. scribed in that section, for the purpose of disposing of them in any way as therein prohibited, shall be liable to a fine not exceeding two thou- sand dollars and be imprisoned not exceeding one year. Ibid., a. 3. Sec. 2162. Nothing herein contained shall be deemed to apply to any .j,^^ rpj^j^ ^^^ voltntary emigration of the subjects specified in section twenty-one to interfere with hundred and fifty-eight, or to any vessel carrying su,ch person as pas- voluntary emi- senger on board the same, but a certificate shall be prepared and signed gration. by the consul or consular agent of the United States residing at the port 302 SLAVE-TRADE, KIDNAPPING, COOLY-TEADE. from whicli such vessel may take her departure, containing the name of such person, and setting forth the fact of his voluntary emigration from such port, which certiiioate shall he given to the master of such vessel ; and the same shall not be given until such consul or consular agent is first personally satisfied by evidence of the truth of the facts therein contained. [See 3 March, 1875, post.2 Ibid., B. 4. Examination gjic. 2163. The President is empowered, in such waya,nd at such time of vessel. ^^ j^g may ju^ge proper, to direct the vessels of the IJnited States, and the masters and commanders thereof, to examine all vessels navigated or owned in whole or in part by citizens of the United States, and reg- istered, enrolled, or licensed under the laws thereof, whenever, in the judgment of such master or commanding officer, reasonable cause exists ITo charge upon to believe that such vessel has on board any subjects of China, Japan,< partienlar per- or other Oriental country, known as "coolies"; and, upon, sufficient sons immigrat- proof that such vessel is employed in violation of the preceding previs- ing, &"• ions, to cause her to be carried, with her officers and crew, into any port or district within the United States, and delivered to the marshal of such district, to be held and disposed of according to law. Ibid., t>. 6, p. 341. 3 Mar., 1875. That if any citizen of the United States, or other person amenable to Citizen of TJni- *^® laws of the United States, shall take, or cause to be taken or trans- ted States trans- ported, to or from the United States any subject of China, Japan, or any porting subject Oriental country, without their free and voluntary consent, for the of Cliiiia or Ja- purpose of holding them to a term of service, such citizen or other per- ra?8rnt 8°° ^^^^^ ^'^ liable to be indicted therefor, and, on conviction of such Penalty. offense, shall be punished by a fine not exceeding two thousand dollars Cont r a 1 for ^°^ ^^ imprisoned not exceeding one year ; and all contracts and agree- servioe void. ments for a term of service of such persons in the United States, whether made in advance or in pursuance of such illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void. 3 March, 1875, s. 2, v. 18, p. 477. KIDNAPPING AND SLAVH TRADE. Title 70, Gbap. 3. . Sec. 5378. Every person who builds, fits out, equips, loads, or other- j, • jjj ^g^_ wise prepares, or sends away, either as master, factor, or owner, any sole for Save- vessel, in any port or place within the jurisdiction of the United States, trade. or causes such vessel to sail from any port or place whatsoever, within such jurisdiction, for the purpose of procuring any negro, mulatto, or person of color from any foreign kingdom or country, to be transported to any port or place whatsoever, to be held, sold, or otherwise disposed of as a slave, or held to -service or labor, sl^all be punished by a fine of not less than one thousand dollars, nor more than five thousand dol- lars, one-half to the use of the United States and the other half to the , use of the person prosecuting the indictment to effect, and shall, more- over, be imprisoned at hard labor for a term not more than seven years, nor less than three years. [See § 5551.] 20 April, 1818, s. 3, V. 3, p. 451. Transporting s^c. 5379. Every citizen or other person resident within the juris- Eeld as^daves. diction of the United States, who takes on board, receives, or trans- ports from any foreign kingdom or country, or from sea, any negro, mulatto, or person of color, in any vessel, for the purpose of holding, selling, or otherwise disposing of su9h person as a slave, or to be held to service or labor, shall be punished as prescribed in the preceding section. Ibid., a. 4. Serving in Sec. 5381. Every citizen of the United States, or other person residing American vessels therein. Who voluntarily serves on board of any American vessel em- 810^6 °^ *"'*"' ^P'^'^y®^ °^ made use of in the transportation of slaves from any foreign ^ '■ country or place to another, shall be punished by a fine of not more than two thousand dollars, and by imprisonment not more than two vears. 10 May, 1800, s. 2, v. 2, p. 70. Serving in for- Seo. 5382. Every citizen of the United States who voluntarily serves elgn vessels em- on board of any foreign vessel employed in the slave-trade, shall be ^lave-trade punished as prescribed in the preceding section. Ibid., B. 3, p.7l. SLAVE-TRADE, KIDNAPPING, COOLY-TRADE. 303 Sko. 5524. Every master or owner or person having charge of any Title 70, Ohnp. T. vessel who receives on board any other person, with the knowledge or Eeoeiving o n intent that such person is to be carried from any State, Territory, or board a vessel, or district of the United States to a foreign country, state, or place, to oarrying away be held or sold as a slave, or carries away from any State, Territory, aJi^^r'^ii™d°a3 a or district of the United States any such person, with the intent that gjave. he may be so held or sold as a slave, shall be punished by a fine of not more than five thousand nor less than five hundred dollars, or by im- prisonment not more than five years, or by both. [See § 5379.] 21 May, 1866, s. 2, v. 14, p. 50. Sec. 5525. Every person who kidnaps or carries away aiiy other per- Kidnapping, son, wirh the intent that such other person be sold into involuntary servitude, or held as a slave; or who entices, persuades, or induces any other person to go on board any vessel or to any other place with the intent that he may be made or held as a slave, or sent out of the coun- try to be so made or held ; or who in any way knowingly aids in cans- x ing any other person to be held, sold, or carried away to be held or sold as a slave, shall be punished by a fine of not less- than five hundred nor more than five thousand dollars, or by imprisonment not more than five years or by both. [See § 5375, Piracy.] Ibid.tS. 1. That whoever shall knowingly and wilfully bring into the United 23 June, 1874. States, or the Territories thereof, any person inveigled or forcibly kid-'-:z-: — : rr- napped in any other country, with intent to hold such person so in- theUnSe^StSes veigled or kidnapped in confinement or to any involuntary service, and Mdnapped p e r • whoever shall knowingly and wilfully sell, or cause to be sold, into any sons, condition of involuntariZy servitude, any other person for any term whatever, and every person who shall knowingly and wilfully hold to involuntary service any person so sold and bought, shall be deemed guilty of a felony, and, on conviction thereof, be imprisoned for a term not exceeding five years, and pay a fioe not .exceeding five thousand dollars. Sec. 2. Thateverypersonwhoehallbeaccessorytoanyofthefelonies Penalty. herein declared, either before or after the fact, shall be deemed guilty of a felony, and, on conviction thereof be imprisoned for a term not exceeding five years and pay a fine not exceeding one thousand dollars. 23 Jane, 1874, chap. 464, v. 18, p. 251. Sbc. 5551. No person shall, for himself, or for another, as master. Title 71. factor, or owner, build, fit, equip, load, or otherwise p^pare any ves- Enuinnine &o sel, in any port or place within the jurisdiction of the United States, vessel iSr flave- or cause any vessel to sail from any port or place within the jurisdiction trade ; forfeiture of the same, for the purpose of procuring any negro, mulatto, or per- of vessel, son of color, from any foreign kingdom, place, or country, to be trans- ported to any port or place whatsoever, to be held, sold, or otherwise disposed of, as a slave, or to be held to service or labor ; and every ves- sel so built, fitted out, equipped, laden, or otherwise prepared, with her tackle, apparel, furniture, and lading, shall be forfeited, one moiety to the use of the United States, and the other to the use of the person who sues for the forfeiture, and prosecutes the same to effect. [See § 5375, Piracy.] 20 April 1818, 8. 2, V. 3, p. 451. , 22 MaTch, 1794, s. 1, v. 1, p. 347. Sec. 5552. Every person so building, fitting out, equipping, loading, Penalt;yonper- or otherwise preparing or sending away any vessel, knowing or intend- son? building, ing that the same shaU be employed in such trade or business, contrary eiuipping, *». to the provisions of the preceding section, or any ways aiding or abet- ting therein, shall, besides the forfeiture of the vessel, pay the sum of two thousand dollars ; one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person who sues for and prosecutes the same to effect. [See J 5378.] 22 March, 1794, s. 2, v. 1, p. 349. Sec. 5553. Every vessel employed in oarrying on the slave-trade, or Porfeiture of on which is received or transported any negro, mulatto, or person of vessel transport- color, from any foreign kingdom or country, or from sea, for the pur- *°g slaves. pose of holding, selling, or omerwise disposing of such person as a slave, or of holding such person to service or labor, shall, together with her tackle, apparel, furniture, and the goods and effects which may be found on board, or which may have been imported thereon in the same voy- 304 SLAVE-TRADE, KIDNAPPING, COOLY-TKADE. age, be forfeited ; one moiety to the United States, and the other to the use of the person who snes for and prosecutes the forfeiture to effect. [See 55 5378, 5379.] 20 Apiil, 1818, 8. 4, T. 3, p. 451. 10 May, 1800, s. 4, t. 2, p. 71. Penalty for re- gj,p 5554_ jf ^ny citizen of the United States takes on board, re- OT ™lr/ to°°be ceives, or transports any negro, mulatto, or person of color, for the pur- Bold as slaves, pose of selling such person as a slave, he shall, in addition to the for- feiture of the vessel, pay for each person, so received on board or trans- ported, the sum of tvro hundred dollars, to be recovered in any court of the United States; the one moiety thereof to the use of the United States, and the other moiety to the use of the person who sues for and prosecutes the same to effect. 22 March, 1794, ». 4, v. 1, p. 349. Seizure of vea- gj;c_ 5557, The President is authorized, when he deems it expedient, the'sUvl^faade" *<> man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are making to carry on the slave-trade, by citizens or residents of the United States, in contraven- tion of laws prohibitory of the same ; and, in such case, he shall instruct the commanders of such armed vessels to seize, take, and bring into any port of the United" States, to be proceeded against according to law, all American vessels, wheresoever found, which may have on board or which may be intended for the purpose of taking on board, or of transporting, or may have transported any negro, mulatto, or person of color, in violation of the provisions of any act of Congress prohibit- ing the trafSc in slaves. 10 May, 1800, 8. 4, v. 2, p. 71. 2 March, 1807, s. 7, v. 2, p. 428. 3 March, 1819, 8. 1, v. 3, p. 532. Proceeds of Sec. 5558. The proceeds of all vessels, their tackle, apparel, and fur- condemned ves- niture, and the goods and effects on board of them, which are so seized, uted ^^ '"^''""' prosecuted, and condemned, shall be divided equally between the United States and the ofScers and men who seize, take, or bring the same into port for condemnation, whether such seizure be made by an armed ves- sel of the United States or revenue cutter thereof; and the same shall be distributed as is provided by law for the distribution of prizes taken from an enemy. Ibid. Disposal of per- Sec. 5559. The officers and men, to be entitled to one-half of the pro- sons found on ceeds mentioned in the last section, shall safely keep every negro, mu- boM'd seized ves- i^tto, or person of color, found on board of any vessel so seized, taken, or brought into port, for condemnation, and shall deliver every such negro, mulatto, or person of color, to the marshal of the district into which he may be brought, if into a port of the United States, or if else- where, to such person as may be lawfully appointed by the President, in the manner directed by law ; transmitting to the President, as soon as may be after such delivery, a-descriptive list of such negroes, mulat- toes, or persons of color, in order that he may give directions for the disposal of them. 3 March, 1819, o. 1, v . 3, p. 532. Apprehension Sbc. 55(J0. The commanders of such commissioned vessels shall cause crew" ™ *" ^® apprehended, and taken into custody, every person found on board of such offending vessel, so seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against in due course of law. Ibid, and 10 May, 1800, s. 4, v. 2. p. 71. Eemovalofper- Sec. 5561. The President is authorized to make such regulations and from' seized ve8-"™8'^°'®"*^ ^^ ^"^ ""'''"' ^^^^ expedient for the safe-keeping, support, sels. and removal beyond the limits of the United States, of all such negroes mulattoes, or persons of color, as may be delivered and brought within their jurisdiction: and to appoint a proper person residing upon the coast of Africa as agent, for receiving the negroes, mulattoes, or per- sons of color delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of United States armed vessels. 3 March, 1819, s. 2, v. 3, p. 533. SLAVE-TRADE, KIDNAPPING, COOLY-TRADE. 305 Sec. 5562. A bounty of twenty-five dollars shall be paid to the officers Bounty, and crews of the commissioned vessels of the United States, or revenue- cutters, for each negro, mitlatto, or person of color, who may be, as hereinbefore provided, delivered to the marshal or agent duly appointed to receive such person ; and the Secretary of the Treasury is required to pay, or cause to be paid, to such officers and crews, or their agent, such bounty for each person so delivered. Ibid., B. 3. Sec. 5563. It shall be the duty of the commander of any armed vessel To what port of the United States, whenever he makes any capture under the pre- captured vessels ceding provisions, to bring the vessel and her cargo, for adjudication, ' into some of the ports of 1 he State or Territory to which such vessel so captured may belong, if he can ascertain the same ; if not, then to be sent into any convenient port of the United States. Ibid., a. 5. Sec. 55G4. Every owner, master, or factor of any foreign vessel, clear- "w'hen owuer? ing out for any of the coasts or kingdoms of Africa, or suspected to be of foreign vessel! Intended for the slave-trade, and the suspicion being declared to the "hall give bond, officer of the customs by any citizen, on oath, and such information being to the satisfaction of the officer, shall first give bond, with suffi- cient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board such vessel, to be transported or sold as slaves, in any other foreign port or place whatever, within nine mouths thereafter. 22 March, 1794, s. 3, v. 1, p. 349. Sec. 5565. Theforfeiturcs which mayhereafter beincurredunderany Distribution of of the preceding provisions, and which are not otherwise expressly d is- penalties. posed o^, shall accrue and be one moiety thereof to the use of the in- former, and the other moiety to the use of the United States, except where the prosecution is first instituted on behalf of the United States, in which case the whole shall be to their use. 10May,1800, s.7,v. 2,p.71. Sec. 5566. It may be lawful for the President to enter into contract Contracts for with any person, society, or body-corporate, for a term not exceeding reception in At- five years, to receive from the United States, through their duly con- "elivered''f?o m stituted agent upon the coast of Africa, all negroes, raulattoes, or per- aeized vessels. sons of color, delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of the United States armed vessels, and to provide such negroes, mulattoes, and persons of color with com- fortable clothing, shelter, and provisions, for a period not exceeding one year from the date of their being landed on the coast of Africa, at a price in no case to exceed one hundred dollars for each person so clothed, sheltered, and provided with food ; and any contract so made may be renewed by the President from time to time as found necessary, for periods not to exceed five years on each renewal. 16 Jnne, 1860, a. 1, v. 12, p. 40. Sec. 5567. The President is authorized to issue instructions to the com- Instructions to manders of the armed vessels of the United States, directing them, when- commanders o f ever it is practicable, and under such rules and regulations as he may """^ vesse s. prescribe, to proceed directly to the coast of Africa, and there hand over to the agent of the United States all negroes, mulattoes, and persons of color delivered from on board vessels seized in the prosecution of the slave-trade; and they shall afterward bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication. Ibid., B. 2, p.41. Sec. 5568. It may be lawful for the President, to enter into arrange- Contracts for ment, by contract or otherwise, with one or more foreign governments reception, &o., in having possessions in the West Indies or other tropical regions, or with West In(he8, of their dnly constituted agent, to receive from the United States, for a term ed'^f?om seized not exceeding five years, at such place as may be agreed upon, all negroes, vesaelB. mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of United States armed vessels, and to provide them with suitable instruction, and with comfortable clothing and shelter, and to employ them, at wages, under , such regulations as may be agreed upon, for a period not exceeding five years from the date of their being landed at the place agreed upon. But 11181 20 306 TREASON, EEBELLION, CONSPIRACY, AND INSURRECTION. the United States shall incur no expenses on account of such negroes, mulattoes, or persons of color, after having landed them at the place agreed upon. And any arrangement so made may be renewed by the President from time to time, as may be found necessary, for periods not exceeding five years on each renewal. 17 July, 1862, o. 1, V. 12, p. 592. Instructions to Sbc. 5569. The President is authorized to issue instructions to the arm^^veasels " *^ commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such regulations as he may pre- scribe, to proceed directly to such place as shall have been agreed upon with any foreign government, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly con- stituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the ves- sel and persons engaged in prosecuting such trade to the United States for trial and adjudication. [See §§ 2158.] JMd., 8. 2. TEEASOI^, EEBELLION, CONSPIRACY, AND INSUERECTION. Sec. 1642. Militia to he called ont. 1643. Apportioned among States. 1644. Subject to rules of war. ■ . Arms to be furnished. 1033. Copy of Indictment, &c., to be furnished. 1034. Entitled to counsel. 2111. Sending seditious messages ; penalty. 2112. Carrying seditious messages ; penalty. 2113. Correspondence with foreign nations to ex- cite Indians to war ; penalty. 5297. Insurrection against a State government. 5298. Insurrection against the Government of the United States. 6299. Power to suppress insurrection in violation of civil rights. 530O. Proclamation to insurgents to disperse. 5331. Treason. 6332. Punishment of treason. See. 5333. Misprision of treason. 5334. Inciting or engaging in rebellion or insurrec- tion. 5335. Criminal correspondence with foreign gov- ernments. 5336. Seditious conspiracy. 5337. Recruiting soldiers or sailors to serve against the United States. 5338. Enlistment to serve against the United States. 5406. Conspiring to intimidate witnesses, &c. 5407. Conspiracy to defeat the enforcement of the laws. 5440. All parties to a conspiracy equallj^ guilty. 5518. Conspiracy to prevent holding office. 5519. Conspiracy to deprive any person of equal protection of the laws. '*''*'* ^^- Sec. 1642. Whenever the United States are invaded, or are in immi- Orders of Pros- °®°* danger of invasion from any foreign nation or Indian tribe, or of ident in case of rebellion against the authority of the Government of the United States, invasion. it shall be lawful for the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper. 28 Feb., 1796, s. 1, v. 1, p. 424. Militia, how Sec. 1643. When the militia of more than one State is called into the apportioned. actual service of the United States by the President, he shall apportion them among such States according to representative population. 17 July, 1862, s. 1, v. 12, p. 597. Sec. 1644. Subject to rules of war. March 3, 1879. The militia, when called into the actual servics of the United States for the suppression of rebellion against and resistance to the laws of the United States, shall be subject to the same rules and articles of war as the regular troops of the United States. . 28 Feb., 1795, s. 4, v. 1, p. 424. 29 July, 1861, s. 3, v. 12, p. 282. That upon the request of the head of any Department, the Secretary Arms to be fur °^ ^^"^ ^^' ^° Provides " that no person who is now receiving or shall hereaf- ter receive a pension under a special act shall he entitled to receive in addition thereto a pension under the general law, unless the special act expressly states that the pension granted thereby is in addition to the pension which said person is entitled to receive nuder the general law. Pension for loss An act approved March 3, 1879, chap. 200, v. 20, p. 484, provides that of sight of both the act of June 17, 1878, increasing the pensions of soldiers and sailors ®^^^' who have lost both their hands, or both their feet, or the sight of both eyes in the service of the country, shall be so construed as to include all soldiers and sailors who have hecome totally blind from causes oc- curring in the service of the United States. KESEKVED TIMBER LANDS. ■3 March, 1878. That the Secretary of the Navy he, and he is hereby, authorized to -rz : 7^ cause an examination to be made of the condition of all lands in the of timberlMids'in State of Florida which have been set apart or reserved for naval pur- Florida, poses, excepting the reservation upon which the navy-yard at Pensacola is located, and to ascertain whether or not such reserved lands are or will be of any value to the Government of the United States for naval purposes. Sec. 2. That aU of said lands which, in the judgment of the Secre- tary of the Navy, are no longer required for naval purposes shall, as soon as practicable, be certified by him to the Secretary of the Interior, and he subject to entry and sale in the same manner and under the same conditions as other public lands of the United States : Provided, That all persons who have in good faith made improvements on said reserved lauds so certified at the time of the passage of this act, and who occupy the same, shall be entitled to purchase the part or parts so occupied and improved by them, not to exceed one hundred and sixty acres to any one person at one dollar and twenty-five cents per acre within such reasonable time as may be fixed by the Secretary of the Interior. Sec. 3. That the sum of three thousand dollars, or much thereof as may be necessary, is hereby appropriated, out of any money In the Treasury not otherwise appropriated, to enable the Secretary of the Navy to carry out the provisions of this act. 3 March, 1879, eh. 189, v. 20, p. 470. PUBLIC PRINTING. Allotments. The act of March 3, 1883, v. 22, p. 629, which appropriates for print- ing and binding for the Executive Departments, provides that no more than an allotment of one-half of the sum appropriated shall be expended in the two first quarters of the fiscal year, and no more than one-fourth thereof in either of the two last quarters, except that in addition thereto in either of the said last quarters the unexpended balances of allotments for preceding quarters may be expended. ASSISTANT SURGEONS (NOT IN LINE OF PROMOTION). 3 March, 1883. Pay of two assistant surgeons, not in the line of promotion, who shall — hereafter, after fifteen years' service, be entitled to receive, as annual pay, when at sea two thousand one hundred dollars, when on shore duty one thousand eight hundred dollars, and when on leave or waiting orders, one thousand six hundred dollars. 3 March, 1883, s. 1, v. 22, p. 473. Pay. 313 DISBUESING AGENTS OF PUBLIC BUILDINGS. An act approved August 7, 1882, chap. 433, vol. 22, p. 306, provides Compensation, that " any disbursing agent who has been or may be appointed to ■disburse any appropriation for any United States court-house and post-ofBoe, or other building or grounds, not located within the city ■of Washington, shall be eutitlod to the compensation allowed by law "to collectors of customs for such amounts as have been or may be dis- Jiursed. COALING STATIONS AT ISTHMUS OP PANAMA. To enable the Secretary of the Navy to establish at the Isthmus of Panama naval stations and depots of coal for the supply of steamships ■of war, two hundred thousand dollars, to be available for expenditure as soon as suitable arrangements can be made to the proposed end. 3 March, 1881 . Sundry civil act, v. 21, p. 448. WRECKED AND DERELICT PROPERTY. Sec. 3755 of the Revised Statutes (resolution of 21 June, 1870, v. 16, Duty of Secre- p. 380) authorizes the Secretary of the Treasury to make such contracts tary of the Xrcas- •and provisions as he may deem for the interest of the Government for"'^^' the preservation, sale ,or collection of any property, or the proceeds thereof, which may have l)een wrecked, abandoned, or become derelict, being within the jurisdiction of the United States, and which ought to come to the United States, " * * [But see following.] An act approved June 14, 1860, sec. 4, chap. 211, v. 21, p. 197, pro- jjuty of the vides that "whenever hereafter the navigation of any river, lake, Secret'ryof War. harbor, bay, or other navigable water of the United States, shall be ob- structed or endangered by any sunken vessel or water-craft, it shall be the duty of the Secretary of War, upon satisfactory information thereof, to cause reasonable notice of not less than thirty days to be given, per- sonally or by publication at least once a week in the newspaper pub- lished nearest the locality of such sunken vessel or craft, to all persons interested in such vessel or craft, or in the cargo thereof, of the purpose of said Secretary, unless such vessel or craft shall be removed as soon thereafter as practicable by the parties interested therein, to cause the same to be removed." If not removed the Secretary treats the same as abandoned and derelict, and proi'eeds to remove it, sells it to tjie highest bidder for cash, after due notice, and deposits the proceeds in the Treasury to the credit of a fund for the removal of such obstructions to navigation. The provisions of this act apply to all such wrecks whether removed under this or any other act of Congress. Au act of August 2, 1882, chap. 375, v. 22, p. 208, enlarges the power given the Secretary of War by the act oi June 14, 1880, so that he may, in his discretion, sell and dispose of any such vessel, or cargo, or prop- erty therein, before the raisiug or removal thereof. PRIZE-MONEY TO WYOMING AND TAKIANG. An act approved February 22, 1883, chap. 51, vol. 22, p. 421, provides Prize-moneyto for payment by the Secretary of the Treasury of |140,000 to the officers 'Wyoming, &c. and crew, or their legal representatives, of the Wyoming and Takiang (latter manned from the Jamestown) for destruction oT hostile vessels in the straits of Simonoseki, &c., in 1863, to be distributed in the same manner as prize-money. EXTRA PAY, MEXICAN WAR. An act approved February 19, 187D, chap. 90, v. 20, p. 316, provides jExtra pay Mex« for three months' extra pay (removing limitations contained in the act lean war.' of July 19, 1848) to those who served iu the Army, Navy, Marine Corps, and Revenue Marine in the war witti Mexico. OPINIONS OF THE COURT OF CLAIMS, VOL. 18. Longevity pay for officers of the Navy was first established by law loa^evitypay. in 1835. It was then allowed only to surgeons. Officers of the Navy on the retired list are not entitled to increase of pay by reason of Ion- 314 gevity while on tliat list. The periods of five years' service mentioned in Eev. Stat., sec. 1556, for increase of pay, are "grades" within the meaning of Eevised Statutes, sec. 1588. C. C, T. 18, p. Ill, 1883. Thomley's case. Also, p. 537, Brown's case. Grades in the The word " grade" in sec. 1588, E. S., refers to the divisions of officers Navy. into fiyg years' periods of service. An ofBcer retired in the third period of five years' service is entitled to 75 per cent, of the sea-pay of that pay grade, and not to the highest pay of a chief engineer who has served over twenty years. [Use of words " grade "' and ' ' rank " in the several statutes relative to the Navy is discussed in this opinion.] C. C, V. 18, p. 339. Rutherford's case. Grades in the In the Navy there are grades for duty, for honor, and for pay, some Navy. jjy name and others by description. A lieutenant has a grade of hia class and also a grade in, his class upon which his pay is fixed, depend- ing upon length of service. A lieutenant retired in the first five years of service because not recommended for promotion, is entitled to one- half of his sea-pay at the time of retirement, and no more. C. C, V. 18, p. 347. McClure's case. Retirement of The act of August 3, 18t)l, chap. 42, s. •23(12, Stat. L., 291,, nowE. S., warrant oflBcers. gg^g \\\%^ 1455), applies to warrant officers, and they may be retired the same as commissioned officers. The President's act in retiring a boat- swain in 1872 was legal and valid. C. C, V. 18, p. 537. Brown's case. Rations to ma- An ofiicer in the Marine Corps, attached to a sea-going vessel, is not nne officers. entitled to the ration allowed by E. S., sec. 1.W8, to a naval officer m attached ; he is, by E. S., sec. 1612, subjected to the provisions of E. S., sec. 1269. [The various statutes prior to the Eevised Statutes reg- ulating allowances of rations to officers of the Army, Navy, and Marine Corps are considered and examined in this opinion.] C. C, V. 18, p. G25. Reid's case. Mileage to ofii- The act of 1835 (4 Stat. L., 755), which provided that ten cents a '^'^^^' mile should be allowed to naval officers for traveling expenses while traveling under orders, made no distinction between traveling in or out of the country. That provision was not repealed by the act of April 17, 1866 (14 Stat. L., 38), nor by the act of July 15 1870 (16 Stat. L ., 332), and was in force daring the period of the claimant's traveling in 1872. So settled in Temple's case (14 C. C, 377 and 105, U. S. E., 97.) C. C, V. 18, p. 83. Graham's case. property"™^" No public officer, without express authority of Congress, has a right to contract for the alienation of any property of the Grovernment for any purpose. C. C, v. 18, p. 352. Flores's case. Decisions of It is no part of the duties of the Auditors (except the Sixth Audi- uditors. |.|jj.^ ^p make decisions binding in any. way upon anybody, and their opinions and decisions upon controverted questions, if they choose to give them, have no official determining force. They are only to exam- ine accounts, certify balances, and transmit them to the proper Comp- trollerforhis decision thereon. (E. S., sees. 276-300.) C. C, V. 18, p. 707. Ridgeway's case. Retirement of Congress may retire an officer from active service and place him on officers. tjjg retired list with a rank different from that which attaches to his office by general laws, and may change the mere rank of an officer on the active or retired list at pleasure, without coming in conflict with the Constitution. (Decisions of the C. C, XV, p. 151) affirmed by Su- preme Court. C. C, Woods' case, v. 18, p. 761. Retired officers A retired officer of the Army is an " officer of the United States" counsel '^"^ *° within the meaning of E. S.,seo. 5498, which prohibits, under penalty of fine or imprisonment, or both, every such officer from acting as an agent or attorney for prosecuting any claim against the United States, &c. To appear and argue a case for a claimant would be to support a claim against the United States, and would subject the officer to the penalty prescribed by statute. C.C.v. 18, p.25. Tyler's case. 315 Negotiations, correspondeuce, proposals, and acceptances, althougli . Contracts conducted in writing, bnt signed only in part by one party and in part ™ ^"™S- by the other, are not sufficient compliance with E. S., sec. 3744, to con- stitute a valid contract by the Secretaries of War, Navy, and Interior, which requires such contracts to be " reduced to writing and signed by the contracting parties with their names at the end thereof." C. C, V. 18, p. 165. Case of South Boston Iron Co. The liability of the Government does not generally depend upon the Lialjilities of amount of money appropriated. The United States can no more dis- '°® Government, charge its contracts by part performance than can an individual person do so. Congress may fail to appropriate the money due to a public creditor, in whole or in part, and then leave the public officers without authority to pay him, but the liability remains. C. C, T. 18, p. 281. Mitchell et. al. ASSIGNMENTS OF PEIZE-MONEY AND BOUNTY. Skc. 4G43. Every assignment of prize or bounty money due to per- Assignments, sons enlisted in the naval service, and all powers of attorney or other &C-, of prize- authority to draw, receipt for, or transfer the same, shall be void un- ^° "^^ ^ " ° less the same be attested by the captain, or other commanding officer, and the paymaster. [See sec. 1430, p. 92.] 30 .Tnne, 1864, s. 12, v. 12, p. 310. DISBURSING OFFICERS. Sec. 3643. All persons charged by la,w with the safe-keeping, trans- Entry of re- fer and disbursement of the public moneys, other than those connected ^J^S'^"'' ^"^^ with the Post-Office Department, are required to keep an accurate entry of each snm received and of each payment or trausfer. 6 Aug., 1846, s. 16, 1. 9, p. 63. „ ORDNANCE AND GUNPOWDER. The words "ordnance" and "gunpowder" in section thirty-seven 5 Ang., 1882. hundred and twenty-one o/ the Revised Statutes shall be construed to Meanin" of mean offensive and defensive arms, ammunition and explosives, the ap- words " ord- paratus for their military use, and the materials for producing the whole, nance" and "gnu- and also transportation, necessary information concerning them, and ponder." whatever is requisite in military experiments with them. 5 Aug., 1882, chap. 391, v. 22, p. 288. DECIMAL SYSTEM. Sec. 3563. The money of account of the United States shall be ex- Decimrl system pressed in dollars or units, dimes or tenths, cents, or hundredths, and estahlisbed. mills or thousands, a dime being the tenth part of a dollar, a cent the hundredth part of a doUai, a mill the thousandth part of a dollar ; and all accounts in the public offices and all proceedinps in the courts shall be kept and had in conformity to this regulation. 2 April' 1792, s. 20, v. 1, p. 250. EXPLANATION. The act of June 8, 1880, establishing the office of Judge Advocate- General of the Navy should have appeared on page 181, under Navy Department, instead of on page 109, where it will be found. The references P. E. L. are to the Pamphlet edition of the Statutes at Large, which are now embraced in vol. 22 of the Statutes. The paging corresponds with the volume. IISTDEX:. [The heavy-faced figures in the section column indicate the articles for the government of the Navy, section 1624.] A. Sec. Page. Abandoxed property^ collection and sale of (supplement) S« ^ IZ ^^^ Absence — from duty or station without leave 8 10 after leave has expired 8 10 from command without leave, reduction to ordinary seamen 9 10 of members of general courts-martial 45-47 17 granting leave of, discrimination in favor of feithful and obedient- 1431 92 of marine officers on account of sickness or wounds 1265 116 to employ^ in the Executive Departments 145 of heads of Departments and Bureaus 177-179 146 Abuse — of inhabitants on shore, or subject to orders 8 10 of persons on vessels under convoy 8 10 of persons taken on prizes 17 13 AOCESSOKIES — to piracy, robbery, &c 5323^5324 277 Accidents — to vessels, report to be made to collectors of customs 100 Accounts — of men transferred to accompany them 20 13 balances stated by accounting officers, conclusive upon Executive branch 191 125 but subject to revision by Congress or proper courts 191 125 head of Department may submit facts affecting correctness. - 191 125 in which the United States are concerned to be settled in the Treas- ury Department 236 125 in matters of, fiscal year to commence July 1 237 126 to be settled within each fiscal year 250 126 except where distances make extension necessary 250 126 for which President may fix period for settlement 250 126 reports to Congress from Auditors charged with examination of. - 260 126 settled by Auditors to be examined by Comptrollers 273 126 form of keeping and settling, to be determined by Comptroller .. 273 126 preservation of, to be superintended by Comptroller 273 126 accruing in Navy Department to be received and examined by Fourth Auditor..., 277 127 who will certify and transmit to Second Comptroller for de- cision 277 127 of receipts and expenditures of public money to be kept by Auditor 283 127 317 318 INDEX. >Sonds when required 1384 62 bond not affected by new commission 1385 62 "of the fleet," designation by President 1382 63 when allowed clerks 1386-1388 63 not to loan or advance money 1389 63 commanding officers not required to act as 1432 63 relative rank of 1475 63 retirement from age or length of service 1481 63 detail of, as storekeeper at the Naval Academy 1527 64 pay of, on the active list 1556 64 on the retired list 1588 70 settlement of accounts of, on lost vessels 284 128 Paymasters (Passed Assistant) — twenty allowed on the active list 425 61 with relative rank of lieutenant or master 1475 63 INDEX. 371 See. Page. Payjiastees (Passed Assistant) — Continued. appointed by President, with the advice of the Senate 1378 62 to be promoted from assistants 1380 62 office becoming vacant at sea, how filled 1381 62 pay to which entitled 1564 64 to give bond for $15,000 1383 62 new ones when required 1384 62 when allowed clerks 1386-1388 63 not to advance or loan money 1389 63 commanding oflficers not required to perform duties of 1432 63 pay of, on active list - 1556 64 on the retired list 1588 70 Paymastees (Assistant) — ten allowed on the active list 425 61 with relative rank of master or ensign . 1475 63 appointed by President, with the advice of the Senate 1378 62 if not over 26 or under 21 years of age - 1379 62 after examination 1379 62 office becoming vacant at sea, how filled 1381 62 acting, to receive pay of grade -. 1564 64 to give bond for $10,000 1383 62 and new one when required 1384 62 new commission not to affect bond 1385 62 whenallowed clerks 1386-1388 63 not to advance or loan money 1389 63 commanding officers not to perform duties of - 1432 63 pay of, on the active list 1556 64 on the retired list 1588 70 Pease — allowance in Navy ration 1580 83 Pecuniary— punishment with corporal, pardon or remission of either 5330 254 Penalty envelopes. {See Postage.) Penalties (see also Fines) — incurred, not affected by repealing acts 200 limit as to suits for.., 1047 200 incurred, not affected by previous statute 5598 201 Penitentiary — punishment by imprisonment in 7 9 Pensions — deduction of, from persons admitted to hospitals 4813 40 of persons admitted to national homes, disposition of 42 amendment of section 4702 (supplement) 311 commencement of, under general laws 311 airearsof, payment 312 for survivors of the war of 1812 312 under both special and general laws, prohibition 312 for loss of sight of both eyes 312 invalid, to persons disabled since March 4, 1861 4692 267 to continue during disability 4692 267 classes, in military and naval service, entitled to invalid 4693 267 for wounds, or sickness contracted since July 27, 1868 4694 268 wounds, &c., must have been received in line of duty 4694 268 372 INDEX. Sec. Page. Pensions — Continued. line of duty defined, in Army and Navy (notes p. 272) 4694 268 rate of, for total disability in Navy and Marine Corps 4695 268 extended to masters, pilots, &c., on gun-boats 4695 268 to engineers in the naval service. March 3, 1877 269 according to rank, when disability originated 4696 269 rank to be determined by date of commission, &c 4696 269 provided a vacancy existed in the rank 4696 269 that the person vcas not disabled 4696 269 nor did not refuse to muster 4696 269 increase of, except for permanent specific disability, not to com- mence prior to surgeon's certificate 4698 J 269 certificate of surgeon of examining board to be approved by Commissioner of Pensions ^-- 4698J 269 disability not otherwise provided for, amount allovred 4699 269 to widow and children, since March 4, 1861 4702 269 to commence from death of husband or father 4702 269 if widow remarries, children alone entitled, except, &C- _ 4702 269-311 increase to widow, after July 25, 1866, for each child 4703 269 to continue during widowhood or maintenance 4703 269 of persons whose rights accrued prior to March 4, 1861 4712 270 commencement in such cases 4713 270 .and pay not to be drawn at same time L 4724 270 unless employed in lower grade, or civil branch of the serv- ice 4724 270 to persons in naval service disabled prior to March 4,1861 4728 270 rate of, to engineers, firemen, and coal-heavers in the Navy-_ 4728 270 but not for disability prior to August 31, 1842 4728 270 to their widows and children in case of death 4729 270 rates governed by pay as it existed January, 1835 4729 290 but varied after 25th July, 1866 4729 270 table of rates for total disability of ofiacers 271 for specific disabilities 271 for disabilities not specified by law 272 for twenty years' service in Navy or Marine Corps 4756 273 in lieu of home in the Naval Asylum 4756 273 equal to one-half of pay of rating when discharged 4756 273 for ten years' service in Navy or Marine Corps 4757 273 not to exceed rate for full disability 4757 273 to be paid iromthe naval pension fund 4752 273 Pension fund (Navy) — Secretary of the Navy to be the trustee of 4750 272 fines and penalties for cutting timber to go to credit of 4751 272 power of the Secretary to mitigate fines 4751 272 to be invested in registered securities semi-annually 4753 273 interest payable semi-annually in coin to the Secretary of the Navy . 4753 273 which may be exchanged for currency 4753 273 to be at the rate of 3 per cent, per annum, lawful money- 4754 273 pensions to be paid from, upon appropriations by Congress 4755 273 to be used for paying service pensions 4756, 4757 273 moneys accruing to the United States from prizes to be placed to creditof 4752 273 for the payment of pensions 4752 273 INDEX. 373 Sec. Page. Pension fund (privateer) — Secretary of the Navy to be trustee of 4758 274: provisions of law concerning ^ 4759-5763 274 Periodicals — restriction on purchase of 1779 162^ Perjtjey — committing, to secure payment of claims 14 11 committed before naval general courts-martial 1023 275 for the purpose of obtaining allowances, claims, &c 1624 275 by statements under oath, knowing them to be untrue 5392 275 penalty, imprisonment, fine, and incapacity for ofBce 5392 275 procuring others to commit, guilty of subornation of perjury 5393 275 and punishable in same manner as perjury 5393 275 forms of indictment, sufficiency and manner of presenting 5396 275 presentments or indictments for subornation of 5397 275 Permanent appropriations — what to be considered 3689 134 Personal effects — compensation to crews for loss of 288 128 to officers for loss of 289 128 of seamen on board of merchant vessels, deceased 4538, 4539 242 penalty for violating law of requirements 4540 243 of seamen dying in foreign ports, consul to take care of 4541 243 Personal services — advertisement for contracts for, not required 3709 130 Petty officers. {See Seamen.) Physics — assistant professor of, at the Naval Academy 54 Pickles — allowance of, in Navy ration L-- 1580 83 how procured 3726 84 Pillory — standing in, as a punishment not to be inflicted 5327 254 jurisdiction of State courts not impaired 5328 254 Pilotage^ estimates for, to be in detail 3666 132 to be regulated by State laws 4235 279 employment of pilots on State boundaries 4236 279 discrimination not to be made in vessels between different States. 4237 279 nor against vessels propelled in whole or in part by steam — 4237 279 nor against national vessels 4237 279 Government vessels not bound to take pilots (not«s) 279 Piracy — what courts have jurisdiction of offenses 563 276 acts of, defined, and penalty prescribed - - 4293-4296 278 5323, 5324 277 5368-5384 277-9 accessories after the fact, how punished 5533 279 public vessels may be authorized to seize persons engaged in 4298 277 custom-house officers, &c., to proceed against vessels fitted for..- 4299 277 definition of, opinions, &c., (notes) 277 PL.4NS — • of buildings, &c., expense of changing, not to be paid without authority of Congress 196 374 INDEX. Sec. Page. Plans — Continued. to accompany estimates for buildings 3663 131 to be approved by the Secretary of the Treasury, &c 3734 192 of yachts may be copied by naval architects 4215 253 Pledge — by soldiers of clothing, accouterments, &c., forbidden 3748 194 of public property by persons in custody thereof 5438 195 by persons in naval or military service of supplies, &c 5438 195 PLUNDEEINC) — and abusing inhabitants on shore 8 10 Police duties — extra, as punishment 1 30 15 POISONIIS^G — of persons within the j urisdiction of the United States 5339 254 Political purposes — contributions for, prohibited in the Government service. August 15,1876 209 promotion or degradation for, not allowed. January 16, 1883 209 Political fund — persons in civil service not required to contribute to. January 16, 1883 141 nor to render any political service 141 failing to do either not to work removal or prejudice 141 Polls — troops not to be brought to the 2002, 5528 20-1 except to repel enemies of the United States 2002, 5528 20-1 POBK (salt) — allowance of, in Navy rations 1580 83 POETEAITS — impressions from, may be furnished by Bureau of Engraving 188 Poet Eoyal Haeboe — erection of coaling dock and warehouse 60 Post teadbes — appointment of, in the Marine Corps. July 24, 1876 111 Postal CAEDS. (See Postage.) Postage (Navy) — estimates for, to be in detail 3666 131 Postage (mail matter) — rates of foreign, not embraced in postal convention 3912 280 in vessels not regularly employed to carry mail 3913 280 vessels in merchant service to receive mails 3976 280 rates of postage allowed 3976 280 domestic, division into classes. March 3, 1879 280 postal cards, transmission of, through themail 280 issue of double, authorized 283 letters of soldiers and sailors, provision for transmitting 280 mailable matter of second class defined 280 of third and fourth classes defined 281 "circular" and " printed matter " defined 281 on matter of first class, two cents half an ounce 281 one full rate paid, matter to be forwarded 281 Department stamps, how to be procured 281 for what purposes they can be used (notes) 282 penalty envelopes to bear certain indorsements 282 '^ INDEX. 375 Sec. Page. Postage (mail matter) — Continued. for what purposes they can be used 282 letter-sheet envelopes, issue of, authorized 283 money orders, laws relative to 4033-4040 283-4 in what sums issued, and fees -- 284 postal notes, regulations as to issue and use 284 Potatoes (desiccated) — allowance in Navy ration 1580 83 substitution of desiccated tomatoes for 84 Pound steeling — value of, inpayments 3565 177 Powers or attoekey — for assignment of wages, prize money, &c., attestation of 1430-1576-4643 92, 93, 315 assigning claims, &c., how made and attested 3477 153 falsely making, altering, &c 5421-22 226 using, to secure wages, &c - 5436 227 Pkecedence — of commanding officers 1468 79 of aid or executive to commanding officer 1469 79 of officers in processions, on courts, &c 1489 81 between officers of Army and Marine Corps co-operating 1342 107 Pbemiums — from sale of drafts or checks to be accounted for 3652 174 for recruiting, estimates for, to be in detail 3666 132 Pbesents (from foreign governments) — to be tendered through Department of State. January 21, 1881- 21 not to be accepted without authority of Congress. January 21, 1881 21 nor publicly shown or exposed upon the person receiving them 21 Presents — to superiors, contributions for, not to be solicited 1784 208 superiors not to receive, from subordinates 1784 208 Pkeseeved meats — allowance of, in Navy rations 1580 83 how they may be procured 3726 84 Peisoners — master-at-arms neglecting duty as to, or allowing escape of .8 10 pay of marines, to continue during captivity 1288 119 to cease when paroled 1288 119 allowing, in custody under law to escape 5409 225 Peivateee pension fund. {See Pension fund.) Prize — attempts to defraud in matters of 5441 228 vessels condemned as, entitled to register 4132 248 money accrued to United States from proceeds of, to go to pen- sion fund - - - 4752 273 provisions of law relative to 4613-5441 285-92 Peize-money^ commanding officers to discourage sale of, by men 1430 92 when to attest powers of attorney 1 1430 92 assignments of, by men, to be attested by commanding officer 4643 315 attempting to obtain, by false papers 5436 227 appropriation for payment of, to captors 3689 134 fee. Page. 15 12 16 12 17 12 16 34 15 45 17 52 17 54 18 18 60 19 19 19 376 INDEX. Prize lists — commanding officers to transmit Prize vessels {see also Prize) — '' property not to be removed from, until adjudged as prize crews of, not to be pillaged nor maltreated Proceedings — of courts and boards to be sent to the Judge- Advocate-General (foot-note) of summary courts, how conducted of general courts-martial, suspension of authentication of revision of party interested entitled to copy of (note) of courts of inquiry, authentication of parties not entitled to copy of, as a right (note) opinions and decisions on (notes) Profane swearino — punishment for 8 9 Professors (civil) — at Naval Academy, pay of 54 Professors of mathematics — superintendency of Nautical Almanac may be placed under to receive shore-duty pay of grade number not to exceed twelve appointed by the President, with the advice of the Senate after examination. January 20, 1881 to perform such duties as Secretary may assign relative rank of, on the active list when retired from age or length of service pay of, on the active list on the retired Ust- assignment of, as professors at the Naval Academy Promotion — pay of officers on, commencement of increase of .seamen for heroism medal and gratuity allowed officers not recommended for, to be retired unless for immoral conduct, &c. , then to be disnussed. Au- gust 5, 1882 of officer next in rank, in case of vacancy from retirement to only one-half of vacancies in line, until number is reduced. Au- gust 5, 1882 same in staff corps. March 3, 1883 physical examination and qualification before exception in case of wounded officers to grade limited in number, when entitled to increased pay mental, moral, and professional examination before of commodores to rear-admirals, in time of peace examining board to be senior in rank to officer examined power to take testimony and to swear witnesses facts prior to last examination not to be inquired into unless continuing fact shows unfitness 436 73 436 73 1399 73 1400 73 74 1401 73 1480 73 1481 73 1556 74 1588 70 1528 74 1561 68 1407 74 1407 74 1447 74 76 1458 74 74 75 1493 75 1494 75 1495 75 1496 75 1497 75 1498 75 1499 75 1499 75 75 75 INDEX. 377 , Sec. Page. Pkomotion — Continued. re-examination in cases where this provision is violated right of officer examined to be present his statement, testimony of witnesses, and examination to be recorded record and finding of board to be presented to President with matter from the files on which judgment is based no rej ection for, until after public examination unless on failure of candidate to appear form of report or recommendation of board suspension for one year of officers, below grade of commander, not professionally qualified with corresponding loss of date dropped on failing on re-examination rejected, on account of drunkenness or misconduct, to be dropped. August 5, 1882 1. with not more than one year's pay. August 5, 1882 advancement for conspicuous conduct in battle authorized although grade may be full advancement on receiving vote of thanks vacancy from retirement or death of such, not to be filled to affect such officer only retention on active list not to interfere with promotion of others commencement of pay of officers promoted in regular order or absent when entitled to examination rank to which entitled of marine officers for gallantry or on receiving vote of thanks Peopbrty (see also Derelict) — wrecked and derelictp~disposition of on shore, plundering or injuring Proposals. {See Contracts.) Protection — of American citizens in foreign countries 2001 222 Provisions — wasting or permitting waste of — inspection of, to made by commanding officer precautions for preservation of, to be taken for the Navy, how procured to be furnished naval detachments co-operating with Army Provisions and Clothing (Bureau) — chief to be a paymaster of not less than ten years' standing to have rank of commodore and title of Paymaster-General -- pay of rank when retired serving full term, exempt from sea duty except during war . . civil employfe allowed in Provoking words — use of, in the Navy ^ 10 Public buildings (see afeo Public Property, Buildings, &c.)— not to be commenced without full plans and estimates 3734 28 cost not to exceed estimates 3734 28 76 1500 76 1501 76 1502 76 1502 76 1503 76 1503 76 1504 76 1505 76 1505 76 1505 76 76 76 1506 77 1507 77 1508 77 1509 77 1509 77 1509 77 1561 77 1562 78 1372 78 1605 109 1607 109 313 8 * 10 8 10 20 13 20 13 3718 25 1135 107 425 61 1471 63 1565 182 1473 182 1436 182 183 378 INDEX. Sec. Page. BcBLic BUILDINGS — Continued. not to be erected or repaired, &c., at greater coat than appropria- tion 5503 31 rent of, in the District of Columbia -- 31 extra compensation for disbursing appropriations for 3654 72 Public documents (see also Public pbinting) — annual reports to be furnished Public Printer by 1st November -- 196 185 Opinions of Attorney-General to be edited and printed 383 185 distribution of same 185 Secretary of the Interior charged with custody of 497 185 distribution of, by him 500,505 185 Congressional Directory, to be printed 77,3801 188 Biennial Eegister, preparing and printing of 510 188 extra copies of, may be furnished by Public Printer 3809 187 may be bound, at cost, by Public Printer, for Congressmen 187 Public feinting and binding — Public Printer to purchase all materials, &c., necessary for 3760 185 to take chatge of all matter, &c 3760 185 may purchase in open market, under special authority 3778 186 amount restricted. February 1, 1878 186 to procure the engraving and lithographing for charts, maps, &c 3779 186 after advertisement and contract, if over $1,200 3780 186 may make immediate contracts, in exigencies, &c 3780 186 not otherwise provided for by law, to be done by Government Printer 3786 186 bureaus or offices restricted in printing their reports 3788 186 to be executed only on written requisitions 3789 186 form and style, to be determined by Public Printer 3790 186 Public Printer to keep an account of all 3802 186 not to print in excess of the appropriation 3802 187 style of binding specifically indicated, June 20, 1878 187 estimates for, to be furnished by Public Printer. June 20, 1878. 187 cost of printing to be placed to debit of Department. June 20, 1878 187 certificate of head of Department, as to necessity of, June 20, 1878 187 Public Printer to do binding at cost, on application of Congressmen, December 10, 1877 187 may furnish extra documents at cost and 10 per cent, added-- 3809 187 annual reports to be furnished to Congress at first meeting 3810 187 accounts of, to be rendered to Secretary of Treasury quarterly 3815 187 condition of, to be reported to Congress at opening 3821 187 impressions from vignettes and portraits by Bureau Engraving 188 sale of Nautical Almanac, proceeds to go to appropriation for 50 Public peopeety — unlawfully destroying, punishment for 4 8 not preventing unlawful destruction of 8 10 wasting or permitting waste of 8 10 delivering less than named in receipt 14 11 false certificate as to receipt of 14 11 misappropriating or wrongfully selling 14 11 purchasing, from parties not authorized to sell _ 14 11 cannot be alienated by officers (decision) _. 314 INDEX. 379 Sec. Page. Public property, buildings, and grounds — no expenditures for, until validity of title is established 355 192 nor until consent of legislature is obtained 355 192 district attorneys to assist in examining titles 355 192 heads of Departments to furnish evidence of titles 355 192 expenses of procuring, payable from contingent 355 192 assent of legislature to purchase of lands to be procured 1838 192 contracts for buildings, &o., not to exceed appropriations 3733, 5503 192 penalty for violation of this provision 5503 192 land not to be purchased without authority of law 736 192 decisions, &c., on purchase of lands (notes) 192-3 inventory of public property to be kept • 197 193 additions to, and sales, &c., to be noted 197 193 of stores in the navy-yards to be taken 197 willfully stranding vessels, injuring equipment, &c. Article 4 1624 193 unlawfully destroying public property. Article 4 1624 194 stealing, embezzling, &c., public property, March 3, 1875 194 purchasing, &c., from persons unauthorized to sell, March 3, 1875- 194 selling, by soldiers, of clothing, &c. , furnished them 3748 194 or receiving or having possession of same 3748 194 arson of dwellings within forts, &c 5385 195 armories, arsenals, &c 5386 195 of vessels of Navy, equipments, &c 5387 195 concealing, selling, and pledging public property 5438 195 exacting receipts for more than delivered, &c 5438 195 embezzling arms, stoves, ammunition, &c 5439 195 robbery of personal property belonging to the United States 5456 195 water in public buildings, not to be wasted 196 drawings and specifications required, before commencing build- ings 196 appropriations to be within the limits of the law 196 expenses in change of plan, not allowed without authority of Congress 196 vessels, sale of, by direction of the President 1540 197 by the Secretary of the Navy 1541 197 stricken from register, after appraisement 197 old material, sale of, disposition of proceeds 1541, 3617, 3618 197-8 detailed statement to be in book of estimates 3672 198 report of, to be made in annual report. August 5, 1882 ' 197 ordnance condemned, sale of, &c. March 3, 1878 198 issue of arms by Secretary of War, to protect. March 1, 1879 — 306 Public or Department records — fees for copying, in Department of State 213 189 copies from, under seal, admitted as evidence 882 189 in ofBce of Solicitor of Treasury, evidence 883 190 transcripts from, in Treasury Department in case of suits, under seal, evidence 886 190 when originals may be required : 886 190 trial for embezzlement, transcript from books of. Treasury suffi- cient .— - 887 190 copies of returns in Returns office, admitted as evidence 888 190 copies of consular records, under seal, evidence 896 190 Sec. Page. 5403 191 5403 191 5408 191 189 24 14 22 13 23 14 25 14 35 15 30 14 5330 254 380 INDEX. Public ob Depabtment ebcords — Continued. willfnlly destroying, punishable by fine and imprisonment or taking or carry away unlawfully, punishable by fine and imprisonment custodians of, willfully destroying, &c., punishment prescribed -- decisions and opinions regarding (notes) Public worship — conducted by chaplain according to form of church of which a member 1397 22 Punishment — by order of commanding officer for offenses not spdiified for offenses committed onshore by officer temporarily commanding by general courts-martial by summary courts-martial corporal and pecuniary, adjudged, remission or pardon of either.. ^• QUAEANTINE — estimates for expenses of, to be in detail, by the Secretary of the Navy expenses of vessels of the Navy in foreign ports, estimates to be in detail expenditures to be accounted for restraints established by State laws to be observed refrigerating or disinfecting ship for purposes of. April 18, 1879. hulks for, to be famished by Secretary of the Navy. June 14, 1879. contagious diseases and vessels from infected ports. June 2, 1879. detail of medical officers for service at foreign ports officers from the Departments for National Board of Health.. no extra compensation allowed QUAEEELING — with persons in the Navy, punishment for or fomenting quarrels between persons QUAETEES — pusillanimously crying for, in battle, how punished QuAETEES (of Marine Corps) — allowance to officers may be procured without adequate appropriation the terms pay and emoluments include ( notes) R. Eace — persons not to be deprived of rights, on account of Raileoads — inter-State communication by withholding of payments from land-grant 1 companies may bring suit Eank — members of general courts-martial to take place according to 39 16 of officers not to be changed by benefit of continuous service, March3, 1883 21 nor except under authority of law , 1506 82 3666 132 3666 132 3666 132 4792 292 292 292 293 293 292 293 8 10 8 10 1270 120 3732 28 61 5510 20 5258 294 5260 294 5261 294 INDEX. 881 Sec. Page. Bank — Continued. of chief engineers 1390-1476 37-8 of passed assistant engineers 1390-1476 37-8 assistant engineers 1390-1476 37-8 of chief of Bureau of Steam Engineering 1471 38 of engineers retired ftom age or length of service 1481 38 of assistant surgeons, absent when entitled to examination 1372 48 of line officers, in grades 1362 45 of junior lieutenants and j unior ensigns. March 3, 1883 46 of secretary to admiral and vice-admiral 1367 46 relative, between officers of the Army and Navy 1466 78 of line officers according to date of com mission fc 1467 79 oommanding officers to take precedence in 1468 79 of aid or executive 1469 79 rights of staff officers, senior 1470 79 relative, of chiefs of bureaus 1471 79 of line officer, chief of bureau, below grade of commodore 1472 79 of officers retired from staff bureaus, from age, &c 1473 79 of staff corps on theactive list 1476-1480 79-80 serving faithfully forty-five years, when retired 1481 80 or when retired at age of sixty-two years after forty-five years' service 1481 80 retired from causes incident to the service 1482 81 ofgraduates at Academy 1483,1484,1521 81-82 relative, of staff corps, according to length of service 1485 81 in what manner estimated 1486 81 of staff officers gives no additional right to quarters 1487 81 nor to exercise military command 1488 81 precedence according to, in processions on shore, courts, &c 1489 81 assimilated. President may give to warrant officers 1491 81 of officers of revenue-cutter service co-operating with Navy 1492 81 of commandant of the Marine Corps 1601 82 adjutant, paymaster, and quartermaster 1602 82 of officers of Marine Corps same as similar grades in the Army 1603 82 of Judge- Ad vocate-General of the Navy 82 Ransom — money distributable in same manner as prize 4642 290 Rape— within forts, arsenals, &c., punishable by death 5345 255 Kates — of vessels of the Navy for commands 1529 94 Eating — of all persons on board ship to be entered on books 20 12 reduction of, by commanding officer 24 14 by summary court 30 15 of seamen as mates, not to discharge from enlistment 1409 102 Eations — to Navy and Marine Corps co-operating with Army 1143 82 midshipmen and naval cadels entitled to 1577 82 officers at sea, or attached to sea-going vessels, entitled to 1578 83 not so attached, and doing duty, not allowed 1579 83 except ensigns of junior grade and cadets .. 1579 83 and petty officers, seamen, &C--T 1579 83 382 INDEX. Sec. Page. Rations — Continued. constituents of the Navy ration -. substitution for component parts when necessary of extract of coffee, for coffee and sugar, if acceptable to the men of desiccated tomatoes for desiccated potatoes diminution of daily allowance, when necessary written orders to be given therefor, and report made stopped for the sick to be accounted for by paymaster additional, of tea or coffee and sugar, at first ' ' turning out " thirty cents commutatiou price of not allowed toretii^d officers personnel of Marine Corps entitled to duration of contracts for certain articles for, extended preserved meats, pickles, butter, and desiccated vegetables for, pro- curement of purchase of flour and baking of bread for deduction of, for naval hospitals from patients therein marine officers attached to sea-going vessels not entitled to (deci- sion) to officers of the Revenue Marine Eeab-Admirals {see Admirals, Eear)— pay of, on the active list retired as captains and subsequently promoted on the retired list Rebels — intercourse with, how punishable receiving letters or messages from Rebellion — certain persons who engaged in, ineligible to office Congress may remove disability (note) claims of persons who engaged in, not to be allowed time for serving process not included in time engaged in American vessels taking foreign flag during, not entitled to regis- ter 4135 248 provisions of law in relation to 1642-5519 306-10 Recaptuked — property of the United States (notes) 4652 291 Receipts — giving false or fraudulent 14 11 false receipts and papers to defraud the United States 5418-5479 227-8 Receipts and expenditures — for naval service, Secretary of Treasury to submit annual report to Congress 135 with statement of balances in hands of disbursing officers 135 Recorder — of summary courts, any officer may be ordered to act as 27 14 Records. (See Public records and evidence. ) Record of court martial — persons interested entitled to copy (note) 18 of court of inquiry, party not entitled to, as a right (note) 19 Recruiting — premium for and expenses of, estimates to be in detail 3666 132 expenditures to be accounted for by Bureau 3666 132 1580 83 1581 83 1581 83 1581 83 84 1582 83 1582 83 1583 83 1584 83 1585 83 1595 83 1615 83 3721 84 3726 84 3727 84 4812 84 314 755-6 300 1556 65 1589 70 1588 70 4 8 4 8 1786 150 150 3480 154 1048 201 INDEX. 383 Sec. Page. Ebduction — to rating of ordinary seaman, of officers absent from command with- out leave 9 10 Re-enlistment — pay on, under honorable discharge 1573 69 pay of marines upon 1281 118 one dollar per month retained 1282 118 forfeited, unless serving faithfully until discharged 1282 118 Reinstatement — opinions and decisions relating to (notes) 104 Relief — failing to afford, in battle 4 9 of destitute seamen 4577-8 245 Regulations — refusing obedience to any lawful . 8 10 orders, instructions, &c., recognized as ^ 1547 19 definition and forceof (notes) 19 copy to be furnished each officer entering the service 1548 20 (of a Department) definition and force of (notes) 19 President may prescribe military, for Marine Corps 1620 111 for the Executive Departments 145 Remission— of sentence of summary court-martial 33 15 of general court-martial 54 18 decisions concerning (notes) 18 of either corporal or pecuniary punishment, where both are ad- judged 5330 254 Rent — of buildings in District of Columbia, by Government 31 estimates for, to be in detail 3666 131 Reports — penalty for failing to make, to Congress, as required 1780 162 Repeimand — punishment by, not to be entered on ship's log 24 14 Repeoaohpul woeds— punishment for using, in the Navy .. 8 10 Reservations — relinquishment of, on contracts 3730 27 Reserved timber-lands — examination of, in Florida 312 for live oak and cedar timber for the Navy 2458 296 appointment of surveyors, to select 2459 297 selections, reserved from public sale 2459 297 employment of naval force to prevent depredations upon 2460 297 penalty for cutting, destroying, and removing timber from 2461 297 forfeiture of vessel unlawfully engaged in transporting timber from. 2462 297 before clearing vessels, collectors to ascertain character of timber 2463, 4205 297-8 and to cause prosecutions to be instituted 2463 297 land officers to cause prosecutions 2463 297 fines and penalties, to go to pension fund 4751 273 unlawfully cutting timber on any land of the United States 5388 298 or wantonly destroying or injuring same 298 if exported, liable to seizure wherever found 298 384 INDEX. Sec. Page. Ebsebved timber-lands — Continued. moneys for depredations to be covered into the Treasury (see ' note) 298 Eesignation — quitting post before acceptance of, desertion 10 10 officer accepting appointment in diplomatic or consular service considered a 1440 19 to escape dismissal by sentence of court-martial, a bar to restoration . 1441 35 opinions and decisions concerning (notes) 36 Eesolution s^ ■ of Congress, enacting clause prescribed 199 Eetieed — officers cannot act as agents or counsel for claims against the Gov- ernment (decision) 314 Eetuens office — copies of contracts to be filed in 3744 29 preservation of same 512-514 30 copies may be furnished on payment therefor 515 30 Eetibembnt — after forty years' service, on own application 1443 84 after sixty-tvro years of age, if below grade of vice-admiral 1444 84 not applicable to certain junior grades 1445 85 who are to be retired for physical or mental disability only - 1445 85 after fifty-five years' service, on receiving a vote of thanks 1446 85 and if not below the grade of commander 1446 85 when not recommended for promotion by both Boards 1447 85 not authorized for misconduct and drunkenness. August 5, 1882- 1456 85-6 but to be discharged with not more than a year's pay 85 inability to comply with orders, officer to go before Board for 1448 85 or il' incapacitated in judgment of the President 1448 85 composition of the Eetiring Board 1448 85 its powers and duties 1449 85 oath of members 1450 85 to report cause of incapacity 1451 85 record and decision to be laid before the President 1452 85 incapacity, result of incident to the service, retired pay allowed.- 1453 86 when not an incident, furlough pay 1454 86 or 'wholly retired with one year's pay 1454 86 officer to have a full and fair hearing before 1455 86 unless retired at own request 1455 86 or from length of service 1455 86 or from failing in examination 1455 86 after, to be placed on retired list of grade to which belonging 1457 86 to be continued on the Eegister 1457 86 to be entitled to wear the uniform 1457 86 to be subject to regulations, &c 1457 86 to be withdrawn from command, except in case of war 1459 86 not to be employed on active duty except in time of war 1462 86 in time of war, may be assigned commands 1463 86 with rank and title of flag officer 1464 87 and receive obedience from older commissions 1464 87 and may be restored to active list, on vote of thanks 1465 87 not entitled to rations 1595 88 INDEX. 385 Sec. Page. Retieejient — Continued. no promotion nor increased pay after August 5, 1882 88 wholly retired to be omitted from Register 1457 86 filling vacancies caused by 1458 86 rank of chiefs of staff bureaus on retirement 1473 87 of staff corps retired from age or length of service 1481 87 retired from causes incident to the service 1482 87 pay of officers when retired 1588 87 rear-admirals retired as captains 1589 87 officers retired as third assistant engineers 1590 87 retired officers on active duty 1592 88 retired on furlough 1593 88 transfer from furlough to retired pay-list 1594 88 of warrant officers (decision) 31 4 Retirement (Marine Corps) — to be in like cases and conditions as the Army _.' 1622 111 except in formation of the Board 1622 111 selection and composition of the Board 1623 111 after forty years' consecutive service as a commissioned officer, on application ^ 1243 112 thirty years in the service, on own application 1243 112 after forty years' service as officer or soldier, or both, on own ap- plication. June 30, 1882 112 after sixty-four years of age, compulsory. June 30, 1882 112 explanatory of the above. March 3, 1883 112 from active service, when incapacitated for duty 1245 112 or wholly retired, as President may direct 1245 112 powers and duties of Board for 1247-1252 112-3 officer to have a full and fair hearing 1253 113 to be retired on actual rank 1254 113 exceptions made. March 3, 1875 113 to be withdrawn from comni and and promotion after 1255 113 to be entitled to wear uniform of rank 1256 113 to be continued on the Register 1256 113 to be subject to articles of war and to trial 1256 113 vacancies caused by, to be filled by next officer in rank 1257 113 pay of retired officers 1274 113 of officers wholly retired 1275 113 rank and pay under certain conditions of. March 3, 1875 113 opinions and decisions 114, 314 REVEJfUE-CUTTEE SERVICE — rank of officers of, co-operating with the Navy ..- 1492 299 provisions of law relating to the 2749-2755 299 co-operating with Navy, to be under direction of Secretary of the Navy . 2757 300 expenses to be defrayed by Navy Department 2757 300 officers of, to go on board vessels arriving in United States 2760 300 shall be deemed officers of the customs for that purpose 2760 300 filling of vacancies in grade of third lieutenant. July 31, 1876. 300 detail of officers of, for Life-Saving Service (note) 300 Reviseo Statutes astd Statutes at Lakgb— definition of certain words used in 1-6 199 form of enacting clause in acts and resolutions 7-10 199 11181 25 386 INDEX. Sec. Page. Ebvised Statutes and Statutes at Large — Continued. style and title of appropriation acts -_ 11 200 repeal not to revive former acts 12 200 not to aifect liabilities, penalties, &c 13 200 to be preserved by officers and d eli vered to successors 1777 200 treason and other capital offenses, limitation to indictment 1043 200 except in the case of murder 104o 200 or of persons fleeing from justice 1045 200 offenses not capital, limit to prosecution 1044 200 except as to persons fleeing from justice 1045 200 crimes under revenue laws, limitation to prosecution 1046 200 limit as to maintenance of suits under the laws 1047 200 time beyond reach of legal process not to be taken 1048 201 effect of Revised Statutes on acts passed prior to December 1, 1873- 5596 201 not to affect acts done, rights accrued, &c 5597 201 nor right to office, or change the tenure thereof 5597 201 prosecutions and punishments not affected by repeals in Revised Statutes 5598 201 acts of limitation not affected by repeals in Revised Statutes 5599 201 arrangement of Revised Statutes no presumption of legislative construction 5600 201 Revised Statutes [1st edition] not to affect acts passed subsequent to December 1, 1873 5601 201 acts and resolutions to be preserved by Secretary of State 204 202 Revised Statutes, publication and distribution of. June 20, 1874. 202 to be stereotyped and substailtially bound 202 editing, printing, and sale of the United States Statutes 202-3 opinions and decisions on force, &c. , of statutes (notes) 203 Rice — allowance of, in Navy ration 1580 83 EOBBEEY — of personal proj)erty belonging to the United States 5456 195 on the high seas, inbays, on vessels, &c_ _5323, 5324,5370, 5371, 5373, 5383, 5384 277-9 accessories after the fact, how punished 5533 279 EOPE-WALK — superintendent of, to be appointed from civil life _. 1543 58 Rules of the sea — to prevent collisions 4233 216 S. Sailmakees. {See Waeeant officees.) Sailing r)iREOTiON.s — publication of, for the Navy and commerce 431 44 Sails and eigginq — of vessels, conditions on which repaired 1539 95 Salaeies (sec also Extra Pay an-d Civil Service) — lapsed, to be covered into the Treasury. August 5, 1882 140 Sales — of military or naval supplies, unlawfully, by persons in the service. of public vessels by order of the President _. by the Secretary of the Navy of vessels stricken from the Register. March 3, 1883 5438 195 1540 95 1541 95 96 INDEX. 387 Sec. Page. Sales— Contiuued. of materials that cannot be advantageously used 1541 95 of stores, &e. , of surveying expeditions 3692 44 proceeds from, to be paid into the Treasury 3617 198 exceptions authorized 3618 198 removal from office for violating these provisions 3619 198 report of proceeds, to be included in Book of Estimates 3672 198 of stores uniit for further use. August 5, 1882 197 of condemned ordnance, disposition of proceeds. March 3, 1875.. 198 Salt poek — allowance of, in Navy ration 1580 83 Salvage— ' distribution of, in same manner as prize 4642, 4652 290-1 defined, and decisions and opinions concerning (notes) 291 Sanitary — condition of crew to be inquired into 20 13 -Scandalous conduct — punishment for, in the Navy 8 9 Scientific schools — detail of engineers as professors of 39 SCEUBBEES^ number and pay of, in Navy Department building 184 Seal — ^ impressed on paper valid in law 6 199 on copies of records 882-3 189-90 Sea lettees — vessels owned by United States citizens only, entitled to 4190 249 issuing or using false, punishment for 4191 249 Seamen (merchant). (See Meechant service). Seamen (navy) — promotion for extraordinary heroism, &c 1407 90 with gratuity and medal of honor 1407 90 enlisted for not less than two years, may be rated as mates 1408 90 not discharged from enlistment thereby 1409 90 number authorized to be enlisted 1417 90 transfer frogj Army to serve as 1421 91 not to release from indebtedness or penalty 1421 91 to be sent home on expiration of enlistment 1422 91 to Atlantic or Pacific coast, according to enlistment 1423 91 if longer detention not essential 1422 91 subject to the laws and regulations during detention 1423 91 discharge of, on expiration of term in foreign ports if enlisted abroad 1422 91 detention if necessary beyond term 1422 91 to be subject to regulations and laws 1423 91 •detention of, not to exceed thirty days after vessel arrives in Uni- ted States 1422 92 one-fourth additional pay for detention beyond term 1422, 1572 92-3 voluntary re-enlisting when detained, one-fourth more pay 1422, 1572 92-3 shipping articles to contain substance of certain sections 1422-1425 92 to be granted honorable discharges according to form 1426-7 92 names of entitled, to be sent to the Secretary of the Navy . ._ 1429 92 to be discouraged from selling prize-money, wages, &o 1430-4643 92-3 commanding officers to attest powers of attorney only, &c 1430-4643 92 388 INDEX. Sec. Page. Seamen (navy)— Continued. when assignment is to commence 1576 93 faithful and obedient, discrimination in behalf of, as to liberty _- 1431 92 pay of, to be fixed by the President J 1569 92 whole, not to exceed appropriation for the year 1569 92 performing duty of firemen and coal-heavers, additional pay to _- 1570 93 of wrecked vessels, who did their duty, pay to continue 1574 93 of captured vessels, who. did their duty, pay to continue 1574 93 dying in service, or in destitute condition, burial in national cemeteries 4878 93 machinists, discharge of. June 16, 1880 93 f^EA SERVICE — what service shall be regarded as 1571 20 definition and benefits of (note) 20 Seceetaey — of Naval Academy, pay of 1556 67 to Admiral and Vice- Admiral on shore, rank and pay of 1367-1556 46-67 when on sea duty not to be appointed from civil life. May 4, 1878 46 to rear-admirals, to be an officer not below the grade of lieutenant. May 4,1878 - 46 Seditious — utterance of words, punishment prescribed 8 10 conspiracy to overthrow the Government 5336 309 correspondence with Indians -2111, 2112 307 Sellikg {see also Sai.es) — wrongfully, public stores and property 14 11 Sentences — of summary courts-martial, execution of--: 32 15 of general courts-martial, determination and execution of 50, 53 17 effect of disapproval (note) 18 power of review after approval (note) 18 Service — credit for volunteer or regular, Army and Navy. March 3, 1883- 21 no additional pay therefor 21 Shipping articles — of the Navy, to contain substance of sections 1422-1424 1425 93 for the merchant .service ' 4511-12-13 241 Shipwrecked (see also Wrecked vessels and Vessels) — continuation of pay to crews of vessels .. 1574 69 Shore — offettses committed on, by persons in the Navy 23 14 Shore ditty — necessity and period of employment on, to be stated in order. March 3, 1883 22 Sick— care and attendance on members of crew 20 13 Silver — reception of, as freight on naval vessels 8 10 transportation of, by merchant vessels 4204 249 Sites — for public buildings, examination of title of land purchased J 355 192 contract for, not to exceed appropriation jgg INDEX. 389 Sec. Page. Slave tbade— provisions of law in relation to 5378-5569 303-6 Sleeping on watch — punishment for 4 8 Small-stoees fund — value of issues of stores to be credited to. February 14, 1879 32 resources to be applied to purchase of small stores. February 14, 1879 32 SOLITAEY CONFINEMENT — * on bread and water, by order of commanding oificer 24 14 in irons, single or double 24 14 by sentence of summary court, in irons, &c 30 15 SOVEBEIGN — English, value of, in payments by or to the Treasury 3565 177 Spanish — professorof, at the Naval Academy 152S 53 assistant professor 54 Spies — punishment of 5 9 Spirits — distilled, admission of, on vessels for medical purposes only 13 11 Staff officees (see also under each head) — senior to executive, right of communication 1470 47 relative rank of, gives no additional right to quarters 1487 81 nor right to exercise command 1487 81 precedence of, in own corps and with the line 1486 81 on boards, &c., according to rank 1489 81 Staff — of Marine Corps, separated from the line 1598 108 Stamps, depaetmental. (See Postage. ) Stand AEDS. (See Flags.) State, Wae, and Navy building. (See Navy Depaetment V building.) Stationeey — to be contracted for for one year only 3735 28 Station oe duty — absence from, vithout leave 8 10 before being regularly relieved 4 8 deserting in time of battle, punishment for 4 9 Statutes. (See Revised Statutes. ) Stealing (see also Public peopeety)— public property, money, &c 1* 11 Steam Engineeeing (Bureau) — establishment of, in the Navy Department 419 181 chief to be appointed from the chief engineers 424 181 and to be a skillful engineer 424 181 with relative rank of commodore 1471 182 and title of engineer-in-chief 1471 182 exempt from sea service after a full term, &c 1436 182 with rank of commodore when retired 1472 182 pay, the highest of his grade 1565 182 civil employes authorized for Bureau 183 Steam engines — estimates for, in yards, to be given in detail -- 3666 131 390 INDEX. Sec. Page. Steam ejstgines — Continued. expenditures to be accounted for 3666 131 conditions of use and purchase of patented articles for 1537 266 Steel ckuiseks — construction of, authorized 98-99 Steeeage officebs — ensigns to be, unless assigned to duty as watch or division officers. 1490 47 Stores {see also Cojjteacts and PifeLic pbopebty) — not to be disposed of by persons in the NaA-y on private account _ 11 11 of exploring and surveying expeditions, saleof... 3692 44 Stranded {see also "Weecked) — vessels on foreign coasts, duty of consuls as to 4238 250 foreign, purchased by citizens of the United States, entitled to register 4136 248 Stbanding — vessel willfully, punishment for 4 8 of vessel, through negligence 8 10 Steiking flag — without authority, punishment for 4 8 Steiking superior officee — how punishable 4 8 Striking oe assaulting — superior officer 4 8 persons in the Navy, punishment for 8 10 Stuiues — naval cadets deficient in 1519 52 at Academy, not to be pursued on Sunday 1526 53 special course of, for cadets. August 5, 1882 53 Subsistence — may be procured without adequate appropriation 3732 28 to persons honorably discharged from Marine Corps until reach- ing home 1289,1290 119 SuiiSISTENCE STOEES — misappropriating, wrongfully selling, &e 14 11 purchasing or receiving from those not authorized to sell 14 H Suffeage — residence required to exercise, in Territories 2002 20 officers of the Navy not to interfere in right of 2003 20 punishment for intimidating persons from exercising 5529 21 or for prescribing qualifications of 5530 21 disqualification for office for interfering with the right of 5532 21 Sugar — allowance of, in Navy ration 1580-1 83 Suits. {See Disteess waeeant:' and Disbuesing ofpicees.) Sunday — studies at the Academy not to be pursued on 15g6 53 Superintendent — of the Naval Academy. {See Naval Academy. ) of the Naval Observatory to receive shore-pay of his grade 434 56 of the Nautical Almanac, who may be assigned as 436 50 of the rope-walks at navy-yards 1.543 58 of the mechanical departments of navy-yards 1543 gs of the Navy Department building, appointment of 184 number and pay of employ L-s in office of ' ig4 INDEX. 391 Sec. Page. Supplies (see also Contracts) — not to be disposed of on private account by persons in the Navy.- 11 11 President to make regulations tor procuring, &c 1549 24 no payments in advance for 3648 24 to be procured after advertising 3709-3718-3721 24-5 except w^lien public exigencies require immediate delivery __ 3709 24 purchase of, for Navy, to be made under direction of the Secre- tary 3714 25 agents and contractors for, to render accounts for settlement 3714 25 to be furnished by contract with lowest bidder 3718 25 articles excepted from this requirement 3718 25 surety not to exceed twice the contract price 3718 25 proposals for, to be opened in presence of bidders 3710, 3718, 3723 25-6 and to be preserved and reported to Congress 3720 26 report to contain schedule by classes, &c 3720 26 guarantee to enter into contract, with security, to accompany pro- posal 3719 26 bids not to be considered without 3719 26 bidder failing to bond, contract to be made with some other party- 3719 26 difference to be charged up and recovered --_ 3719 26 contractors failing, damages to be sued for 3720 26 defaulting contractors and sureties not eligible as bidders 3722 26 copartners of firms not to be received as sureties for firm or each other 3722 26 contractors, same Bureau, not to be received as sureties for each other 3722 26 fictitious bids not to be entertained 3722 26 more than one bid not to be received from same party 3722 26 in his own or name of others 3722 26 manufacturers or regnlar dealers only to receive contracts 3722 26 in foreign coantries, how to be contracted for 3723 26 to be awarded to lowest bidder 3723 27 paymasters to furnish ofiioial certificates of purchases 3723 27 excessive prices, in proposals for classes, bid may be rejected 3724 27 hemp, and preparations of, to be American 3725 27 preserved meats, pickles, butter, desiccated vegetables, how pro- cured 3726 27 flour, to be purchased as may be most advantageous 3727 27 and bread baked therefrom 3727 27 home manufacture, and growth, preference to 3728 27 fuel for the Navy, to be procured in the manner most advantageous. 3728 27 for use in District of Columbia 3711-32 32 bunting, American, may be contracted for in open market 3729 27 to be marked with name of contractors 3731 28 otherwise not to be received 3731 28 stationery or other supplies to be contracted for for one year 3735 28 contracts for, not to be made without law and appropriation 3732 28 certain articles excepted 3732 28 sales of ol d, proceeds to be deposited in the Treasury 3618 198 SUEETIES — required of contractors in twice the amount 3718, 3719 25, 26 to be sued, in case of default 3719 26 defaulting, not to be received on other contracts 3722 26 to bonds ofpay ofiicers 1383 62 392 INDEX. &c. Page. SUKGEOKS — chief of Bureau of Medicine and Surgery to be appointed from--. 426 181 fifty allowed on the active list 1368 48 qualifications for apjiointment 1369,1370 48 detail of, as " surgeon of fleet " 1373 48 and duties as such 1374 48 detail of, as assistant to Bureau 1375 49 relative rank of 1474 49 pay of, on the active list 1556 49 on the retired list 1588 70 rank of, retired from age or length of service 1481 49 SUEGEONS (Passed Assistant) — number allowed on active list 1368 48 detail of, as assistants to Bureau 1375 49 relative rank of 1474 49 pay of, on the active list _. 1556 49 on the retired list 1588 70 Sdegeo3S"s (Assistant) — not in line of promotion, pay of 312 age, qualification, aud' manner of appointment 1370 48 absent, when entitled to examination 1372 48 maybe detailed as assistant to Bureau 1375 49 temporary acting, in time of war 1411 49 relative rank of 1481 49 pay of, on the active list 1556 50 on the retired list 1588 70 Surgical appliances — appropriation for, for disabled persons 43 Surplus fukd — balances of appropriations not needed to be carried to 3690 134 not drawn against for two years to be carried to 3691 134 if not required in settling accounts 3691 134 or for existing contracts 3691 134 not to apply to permanent specific appropriation, &c. June 20, 1874 135 nor to pay of the Navy or Marine Corps 135 Surveying expeditions — sale of stores and supplies, money to revert to appropriation 3692 44 sale of articles used in, use of proceeds 3618 198 Summary courts-martial. (See Courts-martials, summary.) Suspension — from duty, by order of commanding officer 24 14 sentence of, may include pay and emoluments 48 17 opinions and decisions concerning (notes) 18 of officers failing professionally on examination 1505 76 of civil officers (see tenure-of-office) 147 Sword — officer arrested for trial to deliver up 44 17 on pain of dismissal 44 17 T. Tattooing — punishment by, not to be inflicted 49 17 INDEX. Tea— allowance of, in Navy ration imported, not subject to duty Teleoeaphs — Government to have priority in transmitting despatches at rates established by Postmaster-General entitled to purchase lines companies to file vrritten acceptances of obligations refusal to transmit dispatchgs, penalty prescribed injuring maliciously telegraph lines, punishment for Capitol and Departmental lines Tenure-of-office — money not to be paid as salary for unauthorized offices unless subsequently sanctioned by law money not to be paid to persons holding or exercising office con- trary to sections 1767 to 1779 ., nor shall any claim be paid or allowed to such penalty for violation of these provisions to be during term for which appointed unless removed with advice and consent of Senate authority of the President to suspend civil officers until next session of the Senate except j udges of courts of the United States and to designate another to perform duties who will take oath, give bond, and receive the pay of the oflce nomination in place of suspended officer to be made to Senate, on refusal to confirm, another to be made nominations to fill all vacancies to be made to Senate within thirty days after commencement of session authority to fill vacancies happening during recess of Senate commissions to expire at end of ensuing session if not confirmed, office to remain in abeyance without salary, fees, or emoluments until filled by advice of Senate duties in mean time to be performed by other officer authorized by law duration of offices limited by law not to be extended, &c accepting or holding office contrary to tenure-of-office act a high misdemeanor punishable by fine and imprisonment same as to removal, appointment, and employment commissions to be delivered after adjournment of Senate President to notify Secretary of Treasury of appointments with- out advice of Senate Secretary of Treasury to notify accounting and disbursing officers list of persons nominated and rejected to be furnished officers of Treasury by Secretary of Senate also of nominations made and not confirmed certain persons ineligible to office except as members of Congress or State legislatures maybe prosecuted to removal 393 Sec. Facje. 1580 83 2503 236 5366 295 5266 295 5267 295 5268 295 5269 295 296 296 1760 147 1760 147 1762 147 1762 148 1762 148 1767 148 1767 148 1768 148 1768 148 1768 148 1768 148 1768 148 1768 148 1768 148 1768 148 1769 149 1769 149 1769 149 1769 149 1769 149 1769 149 1770 149 1771 149 1771 149 1772 149 1773 149 1774 149 1774 149 1775 149 1775 149 1786 150 1786 150 1786 150 394 INDEX. See. Fage. Tenube-of-office — Continued. holding office to which ineligible, a misdemeanor 1787 150 opinions and decisions as to power of the President and the Execu- tive Departments 150^ TEEEITOEIE.S — term of residence for officers and men to vote in 1860 20 persons in Navy not to hold office in 1860 20 punishment for depriving persons of rights in 5510 20 punishment for officers of the Navy pre!3cribing qualifications of voters in 5530 21 interfering with officers of elections in 5531 21 Testimony — before summary courts, to be given orally 29 14 punishment for refusing to give, before courts-martial 42 16 Thanksgiving day — public holiday in the District of Columbia 145 Thanks of Congress. {See Vote of thanks.) Theft — punishment for, in the Navy 8 9 of money, property, &c. , belonging to the United States. March 3, 1875 194 Timber lands. (See Eesekved lands.) Timbee inspectoes — of yards may be discontinued 1416 57 Timber wheels — estimates for, to be in detail 3666 131 Titles. (See Public peopektv.) Tobacco — advertising for proposals. March 3, 1831 31 bids to be accompanied by samples 31 lowest, for Navy standard, to be aceepted 31 Tomatoes (desiccated) — substitute for dessicated potatoes in Xavy ration 84 Tools — estimates for purchase and repair, to be in detail 3666 131 TOUPEDOES — appropriation for purchase of 32 condition, as to its expenditure 32 Towage — estimates for, to be in detail 3666 132 Trade and traffic — officers carrying on, with public funds, guilty of a misdemeanor.- 1788 168 punishable by fine, removal from, and incapacity lor, office 1788 168 in stores, &c., on vessels and at yards forbidden 8-11 10-11 Transfer — of contracts forbidden 3737 28 of accounts of enlisted men 20 13 from furlough to retired pay list 1594 88 of soldiers, to serve in the Navy or Marine Corps 1421 91 not to release from indebtedness or penalty 1421 91 of prize-money, wages, &c., by seamen 1430, 1576, 4643 92, 93, 315 from volunteer to the regular Navy. JIarch .3, l'^83 1412 101 of claims void under certain circumstances 3477 153 INDEX. 395 Sec. Page. Thansfereed — account of men, to accompany tliem 20 13 descriptive list of men, to accompany them 20 13 Teanspoets — examination of, for War Department 1437 94 Teanspoetation — may be procured without adequate appropriation 3732 28 to be furnished officers, seamen, and marines, co-operating with Army 1135 107 also for baggage, provisions, and cannon 1135 107 to officers of Marine Corps to homes after honorable discharge--- 1289 119 marines to homes after honorable discharge 1290 119 advertisement for, of articles, to appear not less than five days--- 3718 130 estimates for, to be given in detail 3666 131 expenditures for, under each Bureau to be accounted for 3666 131 Travel — eight cents a mile allowed officers for, in the United States. June 20, 1876 72 and only when actually performed at own expense 1566 72 and under order or approval of Secretary Navy. Jamiary 18, 1875 - 73 abroad, actual expenses only, in lieu of mileage. August 3, 1882- 73 by the most direct route 73 necessity for, to be certified by officer giving order 73 allowance for transportation of baggage 1566 72 allowance for Government employes sent away as witnesses 850 73 items of expense to be sworn to -^ 850 73 no other compensation authorized • 850 73 for cadets admitted to Academy 73 eight cents a mile to marine officers 1273 117 by shortest usuallj- traveled route 1273 117 necessity for, to be stated in the order, March 3, 1883 117 allowed to prisoners after parole 1288 119 allowance to marine officers honorably discharged 1289 119 marines honorably discharged 1290 119 how computed 1290 119 expenses for, estimates to be in detail 3666 131 Treason — indictment to be found within three years . 1043 200 time when absent in rebellion not embraced 1048 201 provisions of law in relation to 1033-1034 307 Trusses — to whom furnished 1176 42 examination of applicants for 1177 42 to be purchased by Surgeon-General of the Army 1178 42 Trust — betrayal of, in time of war, punishment for 4 8 corrupting any person to betray 5 9 V. Vacancies — in the head of Department, first or sole assistant to perform du- ties 177 146 396 INDEX. Sec. Page. Vacancies — Continued. unless the President otherwise directs 177 146 or the head of any other Department 179 147 or any other commissioned oificer in either Department 179 147 if the President so directs -. 179 147 temporary appointment not to exceed ten days, in case of death or resignation 180 147 temporary appointments under section 177 and 178 to be made as therein provided, except during recess of the Senate 181 147 officer performing duties of another, not entitled to any other com- pensation tlian that of his proper office 182 147 in the head of a Bureau, assistant or deputy to perform duties 178 146 if there be none, then the chief clerk 178 146 unless the President otherwise directs, as in section 179- 178 146 Vegetables — allowance of, in Navy ration 1580-81 83 desiccated, how procured 3726 84 Vessels (Navy) — willfully stranding or injuring, punishment for 4 8 standing of, through-negligence 9 10 condemned, cannot be exchanged for others (note) 95 the term ' ' vessel, ' ' used in the statutes, indicates every description of water-craft 3 199 definition of, as used in Title "Prize" 4614 285 name of enlisted men on, to be entered onship's books 20 12 date, place, and term of enlistment to be given 20 12 list of officers and passengers on, to be sent to Secretary Navy 20 12 mustej roll of crew to be forwarded to Department , 20 13 lost, authority of officers over crew of 21 13 officers or men acting contrary to discipline of the Navy 21 13 shipwrecked, continuation of pay to crew 1574 69 captured, continuation of pay to officers and crew 1575 69 officers of, to be citizens of United States 1428 94 division into four classes for com mands 1529 94 classification by guns 1530 94 howtobenamed 1531 94 not more than one to bear same name 1532 94 names of purchased, may be changed 1533 94 to be kept in actual service, as President may direct 1534 94 residue to be laid up in ordinary 1534 94 to be officered and manned as President may direct 1535 94 to cruise in aid of distressed navigators 1536 95 and be fully prepared to render assistance 1536 95 when patented articles maybe used on steam vessels 1537 95 repairs to hull and spars, not over $3,000 to be expended 1538 95 until necessity and probable cost is determined Ijy Board 1538 95 of whom Board shall consist 1538 95 repairs to sails and rigging, not over |1,000 to be expended 1539 95 until necessity and probable cost is determined l)y Board 1539 95 of whom Board shall consist 1539 95 repairs to wooden ships not to exceed 20 per cent, of cost of new ones. March 3, 1883 9S engines and machinery not to exceed 20 per cent, of cost of new ones. March 3, 1^183 gg INDEX. 397 See. Page. Vessels (Navy)— Continued. out of repair, President may direct sale of 1540 95 Secretary of the Navy may order sale of 1541 95 report to be made to Congress 1541 95 Board for the examination of all. August 5, 1882 95 to report those unfit for further service 95 whose names v?ill be stricken from the Register. March 3, 1883 96 examination, as often as once in three years 95 stricken from the Register, to be advertised and sold 96 not for less than appraised value 96 in course of construction, removal of 96 establishment of coal depots for Supplement and 1552 97-313 employment against piratical aggressions 4293 97 on surveying coast 4686 97 definition of "public vessels" (note) 97 to be furnished for marine schools. June 20, 1874 97 hulks, to be placed at disposal of quarantine authorities. June 14, 1879 :. 97 "steam cruisers," appropriations for, &c 98-9 double-turreted monitors, launching of. August 5, 1882 100- completion of engines and boilers. JIarch 3, 1883 100 sustaining accident, report to be made. June 20, 1874 100 marine officers not to exercise command over 1617 110 lost, credits to paymasters of 284 128 date of loss, to be fixed by accounting officers 286 128 compensation to crew for personal effects 287 128 payment to widow in case of death 289 128 compensation td officers for personal effects 290 129 schedule and certificate required 290 129 continuation of pay to crews of 1574-5 93 in distress, estimates for, to be in detail 3666 132 sunk or destroyed, appropriation for clothing, &c 3689 133- not employed in transportation of merchandise, not subject to entry 2791 237 vrrecked within waters of the United States, disposition of 313 Vessels (merchant) — wrecked or condemned, extra wages not to be paid to seamen 4583 246 of the United States, what are deemed 4131 247 not entitled to privileges unless wholly owned by citizens 4131 247 and commanded by them 4131 247 officers of, to be citizens of the United States 4131 247 entitled to register, those built within the United States 4132 248 and belonging to citizens thereof 4132 248 also vessels condemned as prize and forfeited under law, if owned by citizens 4132 248 not entitled to register by citizens residing in a foreign country.. 4133 248 unless a consul of the United States 4133 248 or concerned in a house, composed of citizens of the United States carrying on trade themselves 4133 248 nor if owned by naturalized citizens residing abroad a fixed time 4134 248 unless by a consul or public agent of the United States.. 4134 248 398 INDEX. Sec. Page. Vessbls (merchant) — Continued. may be registered anew, if sold in good faith to citizen of the United States 4134 248 proof of citizenship to be exhibited 4134 248 American vessels taking foreign flag during rebellion not entitled to register 4135 248 wrecked and purchased by citizens of the United States may be registered 4136 248 provided repairs equal three-fourths of cost 4136 248 registered in the United States, transferred to foreign subjects 4172 248 forfeited under certain conditions 4172 248 to have number carved or marked on main beam 4177 249 not so marked, no longer recognized as an American vessel - - 4177 249 names and port of registry to be painted on stern 4178 249 if not, liable to penalty 4178 249 names of, not to be changed for purposes of fraud 4179 249 on pain of forfeiture of vessel 4179 249 ■obtaining fraudulent register, liable to forfeiture 4189 249 of citizens of the United States, only, entitled to sea-letters, &C-- 4190 249 punishment for issuing or using false sea-letters 4191 249 to receive on board gold, bullion, &c.,of the United States for transportation 4204 249 to receive reasonable compensation therefor 4204 249 tariffs or fees consuls are entitled to from 4207 250 stranded on foreign coasts, duties of consuls 4238 250 passports to be furnished by collectors 4306 250 requirements to obtain same 4306 250 penalty for departing without 4307 250 for unregistered vessels ' 4308 250 to deposit papers with consular officer 4309 250 penalty for failure to do so 4310 250 consul to obtain clearance for vessel 4309 250 list of crew to be delivered to collector of customs before clearance. 4573 251 to be examined by him and certified 4574 251 "bound on foreign voyage, rules as to crew list, &c 4575 251 wrecked, penalty for plundering 5358 252 showing false lights that vessels may be 5358 252 conspiracy to cast away 5364 252 willfully casting away 5365-5367 252 settlement of accounts of crew of lost 287 128 forging or altering ship's papers, penalty for 5423 252 yachts, legal requirements relative to 4214-4218 253 lost by misconduct, negligence, &o., officers, guilty of man- slaughter 5344 255 mutiny on board, how punished 5359 256 revolt, and usurping command, punishment for 5360 256 Vice-Admieal (see also Admieal, vice) — pay of 1556 65 grade to cease on becoming vacant 1362 45 Vignettes — impressions from, may be furnished by Bureau of Engraving 188 ViSITOES — Board of, at Academy, appointment 54 INDEX 'iV.^d VOLUNTEEES — • national homes for disabled insane, admission to Government Asylum in the rebellion, acts relative to bounty to officers and men of Marine Corps to receive credit for longevity pay, computation of, &o appointment of acting assistant surgeons in time of war transfer from, to regular Navy, credit for service credit to marine officers for discharge and transfer of officers of credit in regular Navy for, March 3, 1883 no additional pay for, March 3, 1883 admission to national homes of volunteer soldiers and sailors Voters — punishment for officers of Navy intimidating and for prescribing qualifications of Vote of thanks — advancement of officers receiving such officers only affected retention on active list not to interfere with promotion of others vacancy from retirement or death not to be filled restoration of officers to active list on receiving advancement of marine officers on receiving Voting — term of residence required by persons in the Navy in Territories for. VOUCHEBS — penalty for using false W. "Wages — assignment of, by enlisted men 1576 93 to be attested by commander and paymaster 1576 93 sale of, to be discouraged 1430 92 attempting to obtain, by false papers 5435,5436 227 of workmen at navy-yards, how fixed . 58 Waeeant officers — retirement of, opinion Court of Claims 314 as many as actually necessary may be appointed 1405 102 boatswains, gunners, carpenters, and sailmakers, denominated 1406 102 promotion of seamen to, for heroic conduct - 1407 102 with gratuity and medal of honor 1407 102 not to discharge from enlistment 1409 102 assignmsnt of gunners, as keepers of magazines 1416 102 in appointment of, preference to honorably discharged men 1417 102 may be ordered in charge of stores on foreign stations 1438 102 bond required in such cases 1439 102 assimilated rank may be given to, by the President 1491 102 jiaiy of, on the active list 1556 103 on the retired Ust 1588 70 Sec. rage. 4832 41' 41 214-15 1600 108 115-16 1411 101 1412 101 1600 101 101 101 101 41-42 5529 21 5530 21 1508 77 1509 77 1509 77 1509 77 1510 77 1465 87 1607 110 1860 20 14 11 400 INDEX. Sec. Page. Warrants — drawn on Treasury by Secretary Navy to be countersigned by Second Comptroller 273 126 and registered by Fourth Auditor 3675 127 money to be drawn from Treasury by 3673, 3675 127 to state appropriations to which chargeable 3675 127 to be countersigned by Comptroller and Auditor 3673 127 Wastixg— ammunition and other public property 8 10 Watchmen (Na^*}') — estimates for, to be in detail 3666 131 Watchjiex (in the Departments) — to receive $720 per annum 167 139 not to be employed beyond appropriations, August 15, 1876__ 140 number and pay regulated by appropriations, August 5, 1882 140 not to bd paid from contingent appropriations, August 5, 1882 140 number and pay of, in Navy Department Building 184 Water — in public buildings to be shut off 196 Weights and measures — employment of metric system legalized 3569 178 tables of measure and weight 3570 179 Wet dock — at Norfolk, laudfor 59 Wharfage — estimates for, to be in detail 3666 131 Whipping — punishment of, not to be inflicted 5327 254 j urisdiction of State courts not impaired 5328 254 Witnesses — before courts-martial, oath of 41 16 punishment for refusing to testify, &c 42 16 persons on trial may be, at own requests 43 16 sent from place of business, traveling expenses allowed 850 73 subp ena of, in cases of claims against the United States 184 151 compensation allowed 185 152 punishment forrefusing to testify 186 152 conspiring to intimidate before the courts 5406 309 Women — may he appointed to similar clerkships as men 165 139 with the same compensation 165 139 employed in subordinate clerical duties to receive §900 167 139 as copyists and counters the same 167 139 and when temporarily employed as clerks 167 139 Wood — for use by Government in District of Columbia, how procured 3711 32 allowance of, in Marine Corps 121 Woekingmen — not to bs required to contribute for political purposes 1546 207 not to be removed for political opinions 1546 207 Workmen — eight hours a day's work for all, employed by Government 3738 29 Wounded — amelioration of, international convention ogo INDEX. 401 Sec. Page. Wrecked (see also Vessels) — vessels, disposition of, by Secretary of War and Treasury (Supple- ment) -- 313 vessels of foreign country, purchased by citizens without register. 4136 248 on foreign coasts, duty of consuls 4238 250 vessels, penalty for plundering 5358 252 showing false lights, that vessels may be 5358 252 definition of the word as used in section 4136 (note) 291 Wyoming — prize-money to officers and crew of 313 Y. Yachts — for pleasure, may be licensed by the Secretary of the Treasury..- 4214 253 owner to give bond not to engage in trade 4214 253 nor violate the revenue laws 4214 253 not to transport merchandise or passengers for pay 4214 253 name to be on hulls 4214 253 subject to the laws and liable to seizure 4214 253 charges for license and inspection 4214 253 signals to be prescribed by Secretary of the Navy 4215 253 naval architects permitted to examine and copy models 4215 253 foreign, privileges allowed to 4216 253 commissions to, as a token of credit abroad 4217 253 returning from abroad to make entry at custom-house 4218 253 Yabds and Docks (Bureau)— established in the Navy Department 419 181 selection of chief of 421,422 181 rank 1472 182 pay 1565 182 civil employ^ authorized in, 183 11181 26