Arkansas intelligencer., 1857-05-22
CHAR. XII.
AN ACT to amend an act entitled "An act
to promote the efficiency of the Navy"
Approved, Jan. 2. 1857.

AN ACl to amend an act entitled ''An act
to promote the efficiency of the Navy"
BE IL enacted by tie Senate and House of
Representatives. of tie United States of Aga
erica m Con yreSS assembled, That, upon the
written request, made within ninety DAYS af
ter the passage hereof, or within thirty DAYS
after the return of any officer absent from the
United States at the time of the passage of
this act, provided he shall return within one
year after the passage of this act, by anv Off
Ger OF the navy who was dropped, lugloughed,
or retired, by the operation OF the act Of the
twenty eighth of February, eighteen hundred
and htty-tive, entitled An act t. promote the
efficiency OF the navy" the Secretary Of the
navy shall cause the physical, mental, profes-
sional, and moral fitness Of such officer for the
naval ser,I ice to be investigated hv court Of
inquiry. which ~Lall be governed by the laws
and regulations which Eow govern courts of
inquiry; aud the sad court shall IL tI-ir find
ihg report w.ietEer the SAID officer, if he has
been dropped from the rolls Of the navy,
ought to he restored, and if restored, whether
To the active list or the reserved list, and if
to the latter, whether on leave or absence or
iuriOugh pay; and IN case the officer king
the written request, as aforesaid, shall have
been placed the reserved list, then the
court, ia their finding, shall report whether
the said officer ought To be restored to the
active list or, if not resJorcd.- whether be-
"ught to remain On tie retired h>t Oh i-3.
oi sj~,uce o. fuhyueh pay; and the ti..i..-
oi Ine court si.alI, in all c,sses, TIE ~uyoDu~.
H. President Of the United Stats .....
ailrovd 10y him, in the ca. + Fl. ....
0 a. er, where gr>tuFst on h;- d. ......ua..
90, ~u.h thcrr may b, ...r..".t..H .. 81.
i'e~id nt ~ the S,-Eatc iuf r-~J,.st. u SD, ia.
service according to tA. bua.n- Ui ia. cou..
rs apiro',d by him; md IN tie cas- @, q r
tired 'tIlcer, th.a finding OF llr court, wh.u
apr I'd y ;H. Pic~p. a.. snail a,. c,uclu-
s.Ne, aud -u.D .iL,ay ...I .. restored tu t.
ic,-No ",t, - "ccu. ia. position ana ask
.- ia, nay @hIc.: il would ..,e OlcuI,a.I
Il u Il, Il. / been r.tr.,d uu,eg tA. act uI he
.;ic nsI' 81 DUaird; or he shall remain upon tin
routed list on leave # absence THROUGH
pay, according to the Gud,ug OF the court a.
approved by the President: PF0V4ded, That
the officers so restored OF placed on the re-
served list, shall be appointed to their places,
respectively, by the President by aud with
the advice aud consent of the Senate.
Sec. ?. ind be II further enacted, That
number Of officers of the navy shall be sus-
pended 50 far as to authorize the restoration
within one Year from the passage OF this act,
by the President, by and with the advice and
consent OF he Senate, Of officers reserved or
dropped under the operation OF the act Of the
tweniy-cighth of February, eighteen hundred
and fifty five, entitled An ACT 10 promote The
efficiency of the navy" Prooided, HAT there
II
shall be no further promotions or appoint
ments IN any grade, after said restorauons
siia.i have been made Thereto, until such
grade Ia the active service shall be reduced
to the limit now prescribed by law. i hat
when any such officer shall be restored to the
navy, Uy aud with the advice and consent VI
the Senate, the officer SO restored shall occu-
Py that position and rank IN the navy which
he would have held had he not been retired,
turIoushed or dropped, by the order OF the
President, on the report of the naval board:
PTo0'eied, That any dropped officer who may
be, III the opinion OF said court, entitled TO be
placed on the retired or turloughed list, may
lie thus placed by the President, by and with
the advice and consent Of the Senate.
Sec. 3. ind be 4: further enacted, That
officers who we're dropped, as aforesaid, and
within one year from the Passage hereof, shall
be entitled 10 receive one years duty pay of
their grades, respectively; and the President
shall be, and he Is Aegeby, authorized, with
the advice aud consent Of the Senate. to trans.
fer any officer from the furiongh to the re-
served pay list, and that SO much of the act
of February twenty eighth, eighteen hundred
and fifty five, entitled AN act to promote the
efficiency of the navy" as renders reserved
officers ineligible to promotion, be and the
same Is hereby repealed.
Sec. 4 And Je 4; .yurther enacted, That
reserved officers may be promoted Oh the re-
served list, by and with the advice and con
sent of the Senate, but DO such Prpm,'llon
shall eilttle them To any pay beyond that to
which they were entitled when 50 reserved,
nor shall they, by such promotion, take ny
higher rank than they would have t.tkeh lad
they been retained in tn, active service o ae
navy; and nothing IN this aet, or IN the act 10
" hich this is an amendment, shall lie So con-
strued rs To preclude officers on the reserved
list from wearing the uniform of their grades