Squatter sovereign., 1855-06-19
TPublic 1917

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Be it eracted by the Senate and House of Re-
presentatives of the United States of America
in Congress assembled, That as soon as prac-
ticab!e after the passage Of this act, the Presi-
dent OF the United States shall cause board of
naval officers to be assembled, to consist of five
captains five commanders and FIVE iieutenants,
which beard, under such regulations the Sec
Ietary of the Navy may prescribe, shall make
careful examination into the efficiency of the
officers OF the grades hereinafter mentioned,
and shall report to the Secretary of the Navy
the names and rank of all officers of the said
grades who, in the judgment of said board, shall
be incapable of performing promptly and efiic-
iently all their duty both ashore and atloat. and
whenever said board shall believe that said in
competency has arisen from any cause imply
ing sufficient blame the part of the officer to
justify it, they recommend that his name be
stricken altogether from the rolls. Vacancies
occurring in said board shall be filled by ihe
Secretary of the Navy, who shall preserve the
Provided, That no officers upon said board shall
examine into, or report upon, the efficiency of
officers of grade above them.
SEC. q And be ie further enacted, That all
officers who shall be found by the said board
incapable of performing the duties of their re-
spective Offices, ranks, or grades, shall, if such
finding be approved by the President, be dropped
from the rolls, placed in the order of their
rank and seniority at the time, upon list in
the Navy Register, to be entitled the reserved
list; and those so placed on the reserved list
shall receive the leave of absence pay, or the
furlough pay to which they may be entitled
when so placed, according TO the report of the
hoard and approval of the President, and shall
be Ineligible to further promotion, but shall be
subject to TO the orders of the Navy Depart
inent at all times for duty; and vacancies crea-
ted in the active service list by placing officers
on the reserved list, shall be filed by regular
promotion in the order Of rank or seniority
And officers who may be promoted to fill the
vacancies created by the reserved list shall.
while unemployed receive only the 'sleave of
ahsence' or ''waiting orders'' pay to which
they would have been entitled if such promo
tion had not be made but when employed at
sea, or on other duty, they shall receive, in ad-
dition to such 'leave of absences or sswaitinc
orders pay, the difference between the 9 wait
ing orders" or 8 leave of absence" paw and the
lowest ea-service pay of the grade to which
they may be so promoted: Provided, That this
scrutiny and reservation of officers shall extend
only to the grades of captain, commander. lieu
tenant, masters. and midshipmen: And nro-
vided, further, That all vacancies occurring in
the grade OF masters shall be filed bv the pro-
notono OF the senior passed midshipmen. to be
entitled masters ia the line of promotion who
when promoted shall receive the pay allowed
by law TO masters that the number Of ma stars
III the line of promotion shalt not exceed sixty.
and that nothing in this act contained shall be
held or construed to authorise auy increase of
the aggregate pay of the said grades, or of the
naval service, as now allowed by law.
SEC. 3. And be it further enacted. That moth
ing in this act contained shall be construed to
restrict, apply to, or impair the regular promo
ton of officers in the service list of the navy
who may be at any time entitled to promotion
consequent upon deaths. dismissals, or resig-
nations. in the naval servce,-nor in anv man
ner to abridge or impair the right of the Secre-
tary of the Navy to place officers upon fur
Tough.
SEC. a. And be it further enacted, That moth
ing in this shall be so construed as to increase
the aggregate number of officers, and that al
laws or clauses of laws. so far as they conflict
with the provisions of this act, are hereby re-
pealed-
Approyed February %. 1855.