Santa Fe weekly gazette. [volume] (Santa Fe, N.M.) 185?-1859, 1857-09-12

governed by the laws and regulations which
now govern courts Of inquiry; aud the said
court shall in their finding report whether
the said oIIcer if he has been dropped from
the rolls Of the navy, ought to be restored
and, il restored whether to the actiye list
and II to the latter, whether on leave of ab.
sencc or lmongh pay; aud in case the officer
making the written request, asaloresaid shall
have been placed on the reserved lst theu
the court, in their Gudng shall report wheth.
er the said officer ought to be restored TO Che
active list, or, ifnot restored, whether bc
ought to remain on the retired list on lcave
Of absence or furIough pay; und the finding
Oh the court shall in all cases, be submitted to
the President of the United States ond #
approved by him, in the case ofa droppcd
ollcer where restoration has been recommop.
ded, such offcer may be Nominated nv tbn
President Of the Senate for restoration "a tba
service, according to the finding of the conrt
Us approved by him. and in the case of re.
tired oIcar, the finding of the court when
approved by the President, shall be conclp.
SWe; and such officer shall be restored TO tbc
active lISt, to occupy that position and rank
IN inc anayy which he would have occupied
llad he MT been retired under the action Of
inc late naval board; or he shall remain unon
the retired list on leave ofUbsence or furloucb
pay, according to the finding of the court ID
| / -
approved by the President: Provided Tint
'he ol'ccrS so restored or placed on the reser.
we'd list, shall be appointed to their places
respectively, by the President, by and with
the advice and consent Of the Senate
Sec. 2. And be it further enacted That
the operation Of the present law limiting the
number Of officers Of the navy shall be sus-
pended 50 lar as to authorize the restoration,
within one year from the passage of this act,
ny the President, by and with the advice and
consent otthe Senate, of officers reserved or
dropped under the operation Of the act of the
t|entycghth Of February, eighteen hundred
ana llI'y-Oye, entitled "Auac to promote the
elhclency OF the navy" Provided, that there
shall be no further promotions or appoint,
lnentS IN any grade, after said restorations
shnll have been made thereto, until such
grade IN the active service shall be reduced
TO the limit now prescribed by law. That
when any such officer shall be restored to the
navy, by and with the advice and consent of
the Senate, the officer so restored shall occupy
that position and rank in the navy which he
would have held had he not been retired. fur
loughed, or dropped, by the order Of the Pre-
Sldent, on the report of the naval board
Provided further, That any dropped officer
who may be, in the opinion of said court en-
titled to be placed on the retired or lurlougll
cd list, may be thus placed by the President
by and with the advice and consent of the
Senate
See. 3. And be it further enacted, That
officers who were dropped, as qforesad, and
who shall not be restored to the naval service
within one year from tie passage hereof, shall
be entitled to receive one years duty pay of
their grades respectively; and the President
shall be, and he is hereby, authorized, with
the advice and consent ofthe Senate to trans
fer any officer from the furlough to the rcscr,
we'd pay list, and that SO much of the act Of
February twonty.cighth, eighteen hundred
and lltty-live, entitled "An act to promote
the efficiency Of the navy" as renders rcscry.
ed officers ineligible to promatiou, be and the
same is hereby repealed
Sec, 4. And be it further enacted. That
reserved officers may be promoted on tac re.
served list, by aud with the advice anu con
sent Of the Seratc, but no snch promotion
shall cnttlc them to any puy beyond that to
which they were entitled when SO rcsyrbcd
nor shall they, by such promotion, take ANY
higher rank than they would have taken had
they been retained in the OctiAe service oftbc
navy, and nothing in this act, or in the net to
which this is au amendment shall bo so
construed as to preclude officers on the rcscr.
we'd list from wearing the uniform Of their
grades respectively
Sec. 3. And be it further enacted, That
captains in command of Squadroas shal! he
denominated Aag officers.
Sec 6. And be it further enacted, That
all officers who may be restored to active Ser.
vice, under the provisions Of this act, shah be
entitled to draw the same pay they were
drawing at the time they wcrcrctired or drop.
Iped, for and during the time of such retire
ment or suspension from the active service d
forcsaid.
Approved, Jan, lG, 1861
Chap. XIII.--An act making appropriations
for the payment Of the Invalid aud other
Pensions of the United States for the year
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