Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-08-20

Shall have become. or shall hereafter become,
Incapable of performing the duties of his ohce, lie
shall be placed upon the retired list and withdrawh
from active service and command and IRON the line
of promotion, with the following pay ana emolu-
ments, namely the pay proper OF the highest rank
held y i'm at the time OF his retirement. whether by
STAFF OF regimenta commission and four rations per
day, and without any other pay, emo uments OF al
owances; and the next officer IN rank shall De pro
NOTED to the place of the refined oncer accorulhS
TO the established rnles of the service. And the
same rule of promotion shall be applied successley
TO the vacancies consequent upon the feilrehen. VI
am officer: Provided, That should the Dfevet leu-
tenant general be retired under tins ac IL shall NC
without reduction in his current pay subsistence OF
allowances; And provided further, Ina Inere s s
not be on the retired list at any one time more thah
seven per centum of the whole number oil omcers
of the army, as fixed by law -,
Sec IL And be it further enacted, lhat- IN order
TO carry out the provisions OF this act the secretary
of war or secretary OF the navy, as the ase may
be- under the direction and approval oil me Piesl-
dent of the United States, shall from time TO uInet
ms occasion may require, assemble a board OF not
more than nine, nor less than five commissioned OF,
fcers two fifths OF whom shall be OF the medlcal
staff; the board except those taken rom the meul-
cal staff, TO be composed, as lar as may DC, OF MS
seniors in rank. determine the 1acis as TO the ma
tuTe and occasion OF the disability OF such omcers
MS appear disabled to perform such military service.
such board being hereby invested with the powers
of court OF inquiry ana court marua ana thelr
decision shall be subject to like revision as that of
such courts by the president OF the United States.
The board, whenever it finds an officer incapacltated
for active service will report whether in its judg-
faithful service, from wounds or injury received in
the line of duty, from sickness exposure therein,
or from any other incident of service. If so, and
the president approve such Judgment, the disabled
officer shall thereupon be placed upon the list of
tired officers. according TO the provisions of this act
If otherwise, and il the president concur in opinion
with the board, the officer shall be retired as above
either with his pay proper alone, or with his service
ratons alone at the discretion of the president, or
he shall be wholly retired from the service, with one
years pay and allowances and in this last case his
name shall be thencetorward omitted from the army
register, or naval register as the case may be Pro-
cided dtcdyS, That the members of the board shall
in every case be sworn to an honest and impartial
discharge of their duties, and that no officer of the
army shall be retired either partially or wholly from
the service without having had fair and full hear
ing before the board, if upon due summons he shall
demand il.
Sec IS. And be it further enacted That the officers
partially retired shall be entitled to wear the uni
form of their respective grades, shall continue to be
borne upon the army register, navy register, as
the may be- and shall be subject to the rules and
articles of war, and to trial by general court mar
tial for any breach of the said articles
Sec 10. And be il further enacted, That so much
of the sixth section of the act of August twenty
three. eighteen hundred and iorty-two, allows
additional or double ratons to the commandant OF
each permanent fixed post garrisoned with
troops, be and the same is hereby repealed.
Sec 90 And be it further enacted, That officers
| of the army, when absent from their appropriate
duties for period exceeding six months, either with
or without leave, shall not receive the allowances
authorized by the existing laws for servants, forage
transportation of baggage, fuel, and quarters, either
| in kind or in commutation.
Sec q. And be it further enacted, That any Off
Ger of the navy who has been forty years in the
vice of the United States, may, upon his own appli
cation to the president OF the United States, bC
placed upon the list of retired officers of the navy
| and shall receive the pay and emoluments allowed
! by this act.
Sec. %. And be it further enacted, That if any
officer of the navy shall have become, shall here
after become, incapable of performing the duties
his office he shall be placed upon the retired list and
| Withdrawn from active service and command and
from the line of promotion, with the following pay
and emoluments, namely
Captains in the navy, thirteen hundred dollars;
Commanders in the navy, eleven hundred dollars
Lieutenants IL the navy, one thousand dollars;
Surgeons ranking with captains, thirteen hundred
dollars;
Surgeons ranking with commanders, eleven hun.
dTed dollars
Surgeons ranking with ieutenants, one thousand
dollars;
Paymasters ranking with captains, thirteen hun
Paymasters ranking with commanders, eleven
hundred dollars;
Paymasters ranking with lieutenants, one thou
| sand dollars;
Chief engineers, one thousand dollars;
First assistant engineers, seven hundred dollars;
Second assistant engineers, five hundred dollars
| Third assistant engineers, four hundred dollars
| Masters, four hundred dollars;
Passed mdshpmen, three hundred and fifty dol.
Jars; and with four iatons per day TO each of the
above-named officers CT the lazy, TO be cOmmuted
at thirty cents, each ration. and without any other
| pay or allowances. Captains commanders, and
/
receive the same compensation and no greater than
| is allowed TO retired officers OF the rank by
the provisions of this act The next officer in rank
shall be promoted TO the place OF the retired officer,
according to the established rules OF the service
And the same rule Of promotion shall be applied
successfully to the vacancies consequent upon the
retirement of an officer.
Sec. %. And be it further enacted That whenever
any officer of the navy, on being ordered TO perform
the duties appropriate to his commission, shall re-
port himself unable to comply with such order or
whenever, in the judgment OF The president OF the
United States officer of The navy shall be in any
way incapacitaed from performing the duties of his
Office, the president, at his discretion, shall direct
the secretary Of the navy to refer the of such
officer to a board of not more than nine, and not
less than five commissioned officers, two-fifths
of whom shall be members of the medical
bureau of the navy; the board, except those
taken from the medical bureau, 10 be COM
posed if possible, las far may BEL of his seniors
in rank. The determination of the board in each
case shall, with record OF Its proceedings be trans
mtted to the secretary OF the navy TO be laid before
the president for his approval disapproval, and
orders in the The board, whenever il finds
officer incapacated for active service, will report
whether in his Judgment the ncapacity result from
long and faithful service from wounds or injury re-
ceived in the line ofduty from sickness exposure
therein or from any other incident of service. If
So and the president approve of such Judgment the
disabled officer shall there"I on be placed upon the
list of retired officers according the provisions of
this act but if such disability incompctency pro-
ceeded from other causes. and the president concur
i'll opinion with the board, the officer may be retired
upon turough pay, or lie shall be wholly retired
from the service with one years pay. at the discre
ton of the president and in this last case his name
shall be wholly omitted from the navy register. The
members ofthe board shall, in every case, be
to honest and impartial discharge of their duties,
and officer of the navy shall be RETIRED either par
TALLY or wholly, from the service without having
had fair and full hearing before the board if he
shall demand it.
Sec. "a. And be it further enacted That the retr-
ed officers shall be entitled TO wear the uniform of
their respective grades, shall continue TO be borne
upon the navy register shall be subject to the rules
and articles governing the navy and to trial by gem
eral court-martia
Sec. %. And be it further enacted, That retired
officers of the army navy, and marine corps may be
assigned TO such duties the president may deem
them capable of performing, and such as the ext
gencies of the public service may require.
Approved, August 3, 1861.
lPUBLIc-No. 80.