The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-04-07


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: Provided; That should the brevet
electromagnetic be retired under this act, it
I SHALL be without reduction IN his current pay,
subsistence, or allowance: And provided further,
That there shall not be the retired list at any
one time more than seven per centum of the
| whole number OF officers OF the army, as HAeu ny
Sec IT, And be it further enacted, Ttat in
der to carry out the provisions of this act. the
Secretary of War, or Secretary of tina Navy,
the case may be, under the direction and appro-
val of the President Of the United States, shall,
from time to time, as occasion may require, as
semble board of not more than nlne or less
than five commissioned officers, two-ffths of
whom shall be of the medical staff; the board, cX-
| ccpt those taken from the medical staff to be
composed, far may be, of his seniors in
rank, to determine the facts as to the nature and
occasion of the disability OF such officers as ap
pear disabled to perform such military service,
such board being hereby invested with the pow
their decision shall be subject to like revision as
that Of such courts by the President OF the Unit
ed States. The board, whenever it finds an Off
Ger incapaeitated for active service, will report
whether in its Judgment, the said incapacity re-
suits from long and faithful service, from wounds
or injury received in the line of duty from sick
ness or exposure therein, or from any other Incl
dent OF service. If so, and the President approve
such Judgment, the disabled officer shall there
upon be placed upon the list of retired officers,
according the provisions of this act. If other
wise and if the President concur in opinion with,
the board, the officer shall be retired as above
either it'll his pay proper alone, with his ser
vice ratons alone, at the discretion OF the Presl-
dent or he shall be wholly retired from the ser
| vice with one years pay and allowances; and in
| this last case his name shall be thenceworward
omitted from the army register, or navy TeSlster,
as the case may be: Provided always, That the
members of the board shall in every case be sworn
to an honest and impartial discharge OF their du-
ties, and that no officer OF the army shall be re-
tired either partially wholly from the service
! without having had fair and full hearing before
the board, if, upon due summons, he shall de-
mand it.
Sec. 1S And be it further enacted, That the Of
ticers partially retired shall be entitled to wear
the uniform of their respective grades, shall con-
tinue to be borne upon the army register, OF ma
w register, as the case may be, and shall be sub
iect to the rules and articles of war; and to trial
by general court-lnartal for any breach OF the
See. 10. And be it further enacted, That
much OF the sixth section of the act OF August
| twenty-three, eighteen hundred and forty-two, as
allows additional or double rations TO tie COM
mant!ant of each permanent or nXed post garri-
soned with troops, be and the same is hereby re-
Sec. 20. And be it further enacted, That officers
! of the army, when absent from their appropriate
duties for Il period exceeding SIX months, either
| with or without leave, shall not receive the al
lovancys authorized by the existing laws for ser
wants. forage transportation Of baggage, fuel,
and quarters, either in kind or i'll commuta-
! ton.
| Sec q. And be it further enacted, That any
! officer of the navy who has been forty years in
| the service OF the United States may, npon his
/ own application TO the President of the United
I
of the navy, and shall receive the pay and emo
lulncnts allowed by this act
See -. and be it further enacted, That if any
officer of the navy shall have 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
lire of promotion, with the following pay and
/ emOlumentS, namely:
Captains in the navy, thirteen hundred dali
/ lars
Commanders in the navy, eleven eundred dol
/ lars
Iieutenants in the navy, one thousand dol
lars.
Surgeons ranking with captains, thirteen hun
Surgeons ranking with commanders, eleven
hundred dollars;
Surgeons ranking with lieutenants, one thou
sand dollars;
Paymasters ranking with commanders, eleven
hundred dollars;
Paymasters ranking with lieutcnants, one thou
sand dollars;
Chief engineers, one thousand dollars:
First assistant engineers, seven hundred dol
Second assistant engineers, five hundred dol
lars;
Third assistant engineers, four hundred dol
lars.
Masters four hundred dollars;
Passed midshipmen, three hundred and fifty
dollars; and with four ritionS per day to each OF
the above-namcd officers of the navy, to be
mutcd at thirty cents, each ration, and without
any ether pay or allowances. Captains, comman-
derS, and lieutcnants now on the retired list OF
the navy shall receive the same compensation and
no greater than is allowed TO retired officers OF
the same 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 esa-
blishcd rules of the service. And the rule
OF promotion shall be applied successfully TO the
vacancies consequent upon the retirement OF an
officer
Sec IS. And be it further enacted, That when |
any officer of the navy, on being ordered to
perform the duties appropriate to his commission,
small report himself unable to comply with such
Dr,lp or Judgment Pre-
iGmt OF the United States, an officer of the navy
shall be in any way incapacitated from perform
discretion, shall direct the Secretary of the Navy
to refer the of such officer to board OF not !
more than nine, ana not less than five, commits |
stoned officers, two-tifils of whom shall be mem
berS of the medical bercau of the navy: the board,
except those taken from the medical bureau, to
be composed, II possible, as far as may be, OF
his seniors III rank. The determination of the
board in each shall, with record of its pro-
cccdin@s, be transmitted to the Secretary of the
Navy, to be laid before the President for his APP
proval disapproval, and orders in the case.
The board whenever it finds officer incapaci-
lis Judgment, the ncapacity result from long and
faithful service, from wounds injury received
IN the line of duty, from sickness exposure
therein, or from any other incident of service; if
so, and the President approve of such judgment,
the disabled officer shall thereupon be placed up
the list of retired officers, according to the
provisions of this act. But if such disability or
incompetency proceeded from other causes, and
the President concur in opinion with the board,
tl.e officer may be retired upon forough pay, or
he shall be wholly retired from the service, with
years pay, at the discretion of the President;
and in this last his shall be wholly
omitted from the navy register. The members
Of the board shall, in every case, be sworn to an
honest and impartial discharge of their Duties
and officer of the navy shall be retired, either
partially or wholly, from the service without
having had fair and full hearing before the
board, if he shall demand it.
Sec. p. And be it further enacted, That the
tired officers shall be entitled TO 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 general court martial.
Sec. %. And be it further enacted, That retir-
ed officers of the army, navy, and marine corps
may be assigned to such duties as the President
may deem them capable of performing, and such
as the exigencies of the public service may re-
quire.
Approved, August g. 1861.
II A