Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-08-10

same rule of promotion shall he ,ij 4G tie
nm ofceT: proy iiTseqneht upon the retirement Of
tenant general be retired under this act Il sbnn b
allowances: And provided further rht or
not be on the retired listat any one tin, n.y. si
seven per centum of the whole number of on '"''
OF the army, as liked by law. y '''0eie
Sec, II. And be it further enacted That n, ,,..
to carry out the provisions of this act tLe
VI muii oi OF tiie navy, as the may
be, under the direction and approval of tile prcsi
dent of the United States, shall from time 10 tin,a
as occasion may require, assemble n board of moi
more than nine, less than five commissioned AZ
1icers, two ittLs OF whom shall be of the medical
staff; the board except those taken from the medi
cal staff, to be composed as far as may he of his
seniors in rank TO determine the fncts rs To Tho ma
ture and occasion of the disability of such officers
as appear disabled to perform such military service
such board being hereby invested with the powers
of a court of inquiry and court martial and their
decision shall be subject to like revision as that of
such courts by the president of the United States
The board, whenever it finds officer incapacitated
for active Service Will report whether in its judg
memt, the said incapacty result from long aud
faithful service. from wounds injury received in
the line OF duty, from sickness expos therein,
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 i'll opinion
with the board, the oicer 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 i'll this last case his
name Shall be thencetorward omitted from the army
register naval register as the may be; Pc
ped dlicayS, That the members of the board shall
in every case,be sworn to an honest and impartial
discharge of their duties and that officer of the
army shall be retired either partially wholly from
the service without having had fair and full hear.
ing before the board, if upon due he shall
demand it,
see 49, And be it further enacted Thatthe officers
nartally retired shall be entitled to wear the uni
form of their respective grades, shall continue to be
horne upon the army register, or navy register,
the case may be, and shall besubjec to the rules and
articles of war, and to trial by general court mar
tial tor any breach of the said articles.
Sec 10. And be it further enacted, That SO much
of the sixth section of the act of August twenty
three, eighteen hundred and forty-two, as allows
additional or double TatiOns to the commandant of
each permanent fixed post garrisOned with
troops, be and the same is hereby repealed.
Sec 20. And be it further enacted, That officers
of the army, when absent from their appropriate
duties for period exceeding tx 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 81. And be it further enacted, That any oili-
Ger of the navy who has been forty years i'll the ser
vice of the United States, may upon his own appli
cation to the president OF the United States, be
placed upon the list of retired officers of the navy,
and shall receive the pay and emoluments allowed
by this act
officer of the navy shall have become or shall here
after become, incapable of performing the duties of
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 tile navy, thirteen hundred dollars;
Commanders in the navy, eleven hundred dollars;
Lieutenants in the navy, one thousand dollars;
Surgeons ranking with captains, thirteen hundred
dollars;
Surgeons ranking with commanders, eleven hum
drCd dollars;
surgeons ranking with eutenants, one thousand
dollars;
dred dollars;
Paymastels ranking with commanders, eleven
hundred dollars;
PaymaSters ranking with heutenants, 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 midshipmen, three hundred and nifty DOL
lars; and with four rations per day to each OF the
| above-named officers of the navy, TO be committed
at thirty cents, each ration and without any other
| pay or allowances. Captains, commanders, ana
leutenants the retired list Of the navy shall
receive the same compensation ana no greater than
| is allowed to retired officers OF the rank by
the provisions of this act. The next officer III 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, 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
way incapacitated from performing the duties OF his
Office the president, at his discretion, shall direct
the secretary of the navy to refer the case OF sucl
officer to a board OF not more than nine, and not
less than five commissioned officers, two~tltths
bureau OF the navy: the board, except those
taken from the medical bureau, to be COM
posed, If possible, las far may BEL of his seniors
in rank The determination of the board i'll each
case SHALL with record Gifts proceedings, be trans
mtted TO the secretary of the navy be laid before
the president Tor his approval disapprOVal, and
orders i'll the The board, whenever il finds
officer incapacaed Tor active service, will report
whether, i'll his Judgment, the ncapacity result IRON
long and faithful service from wounds or injury re-
ceiyed i'll the line oiduty from sickness exposure
therein or from any other incident of service If
So and the president approve of such Judgment the
disabled officer shall theteapon be placed upon the
iSt OF retired officers, according to the provisions of
tins act; but if such d. hty incompetency pro-
ceeded from other causes, and the president concur
III OPINION with the board the officer may be retired
upon Through pay, or he shall be wholly retired
from the service, with years pay. at the discre-
lon OF the presidents and i'll this last ease his name
snail be wholly omitted from the navy register. The
members oil the board shall, every case be sworn
to an honest and impartial discharge OF their duties
and no officer fthe navy shall be retired either par
TALLY or wholly, from the service without having
mad fair and full hearing before the board, ii lie
shall demand it.
Sec. Oh And be it further enacted That the retir-
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 gen
eral cOurt-martial.
Sec. %. And be it further enacted, That retired
officers OF tile army, navy, and marine corps may be
assigned to such duties as the president may deem
them capable of performing and such the ext
| gencies OF tie public service NAV REQUIRE.
Approved, August g. 1861.