Year: 1867

TPUBL1C-No S97


AN ACT to amend certain acts in relation to the


navy.


BE it enacted by the Senate and House of Repre-
Sentatives Of the United States of Americain in Con-
gress assembled. That so much OF the "Act to es-
tabllsh the grade of vice admiral in the United
States navy" approved December one, eighteen
hundred and siXty-four, provides that the vice
admiral shall be the ranking officer in the navy
of the United States shall be considered as hav-
ing been repealed by the act approved July twen-
ty five, eighteen hundred and sixty-six, establish
ing the grade OF admiral, who shall be the rank
ing officer of the navy; and the sixth section of
the act last named is hereby amended that the
secretary of the admiral shall be entitled to the
rank, sea pay, and allowances of lieutenant in
the navy, such pay and allowances to date from
the acceptance of his appointment, deducting any
pay already received by him under said appoint
ment.


SEC. 2. Ind be it further enacted, That so
much of tt1e " An to authorize the Secretary of
the Navy to provide for the education of construc-
tors and steam engineers, and for other pur-
poses," approved July four, eighteen hundred
and sixty-tour, as provides that aadet engineers,
and shall have been employed at least two years
in the actnal fabrication of steam machinery, is
hereby repealed.


SEC. 8. And be 1t further enacted That the Of
fcerS of the volunteer naval service who are or
may be, transferred to the regular navy or ma
rne orps shall be credited with the sea service





shall receive all the benefits of such duty in the
same manner as if they had been during such
service in the regular navy marine officers
shall be credited with the length of the time they
may have been employed as officers or enlisted
men in the vountcerserv ofthe United States.


SEGA. And be it further enacted, That the
storekecper at the Naval Academy, shall hereafter
be detailed from the paymastcrs' corps of the
navy, and he shall have authority, with the ap-
proval of the Secretary of the Navy, to procure
clothing and other necessares for the mdship-
the same manner SQDnlieS
furnished the navy, to be issued under such reg
ulotions as may be prescribe by the Secretary of
the Navy.


SEC 5. Amd6e it further enacted, That the
fourth section of the AN act to provide more
efficient discipline for the navy" approved March
second, eighteen hundred and fiity-fve, be- and
hereby is so amended that the authority therien
given to the commander of any vessel in the navy
to convene summary courts martial, shall require
the approval of the proceedings by the comman-
der-in chief, when present in port and in his alb
sence, that of the senior officer present, in all
cases before Carp the sentence in to execution
and in all cases where the sentence involves loss
Ofpay, that part of such sentence shall be subject
to the approval or disapproval of the Secretary
of the Navy.


SEC. g. 4nd be it further enacted, That to
carry out the provisions of the eleventh section
of the" An act for the better government OF the
United States" approved July seventeen, eigh-
teen hundred and siXty-two, directing the sur
plus income from the naval pension 1und to " be
applied to the making of further provision for
the comfort of disabled officers seamen, and ma
rines," there shall be paid out of said fund to
every person who, from age or infirmity, is disa-
bed from service, but who has served as an
enlisted person in the navy marine corps for
the period of twenty years, and not been dis
charged for misconduct, in lieu of being provided
with home in the Naval Asylum, Philadelphia,
if he shall so elect, a sum equal to one-har the
pay of his rating at the time he was discharged,
10 be paid to him quarterly, under the direction
of the Commissioner of Pensions and applca-
tions for such pension shall be made to the Sec
retary of the Navy, who, upon being satisfied
that the applicant comes within the provisions
of this act, shall certify the to the Commits
sioner of Pensions, and said certificate shall be
his warrant for making payment as herein author
ized And prOgided further, That any disabled
person who has serued in the navy or marine
corps as and enlisted man for period not less
than ten years, and not been discharged for mis-
conduct, may apply to the Secretary of the Navy
for aid from the surplus income OF the naval pen
sion fund and the Secretary OF the Navy ls au-
thorized to convenea board of not less than three
naval officers, one of whom shall be surgeon,
to examine into the condition of the applicant,
and to recommend suitable amount for his re-
lief and for specified time, and upon the ap-
proval of such recommendation by the Secretary
of the Navy and certificate thereof to the Com
missioner of Pensions, the amount snall be paid
in the same manner as is provided in this section
for the payment to persons disabled by long SER
vice in the navy; but no allowance SO made shall
exceed the rate of pension for full disability
corresponding to the grade of the applicant, nor,
if in addition to pension exceed one-fourth the
rate of such pension.


SEC Z. And be 1T further enacted, That, the.
commandant of the marine corps shall have the
rank and pay of brigadier general or the army.


SEC s. Amd be it further enacted, That the
nsmber of mdshipmen allowed at the Naval
Academy shall be one for every member and del
cgate of the House of Representatives one for
the District of Columbia, ten appointed annually
at large and ten to be selected annually from
boys enlisted in the navy, and who have been one
year in the service on board naval vessel should
so many be found qualified: Pro0ided, ho'oeOer,
That the reduction in the number of midshipmen
herein provided for shall not affect any already
appointed, nor any vacancy alrealdy existing
And l,rooided further, That so much of the act of
July fourteen, eighteen hundred and sixty-two,
and of July sixteen eighteen hundred and sixty
two as provides for the number of midshipmen
that may be appointed to the Naval Academy, be,
and the same is hereby repealed.


SEC. g. And be it further enacted That Off
GERS the retired and reserved lists of the navy
shall be entitled to promotion as their several
dates upon the active list are promoted; but such
promotion shall not entitle them to any pap be-
yond that to which they were entitled when re-
tired, unless upon active duty, when they shall
receive the full pay of their respective graees -
PrO0ided, That no promotion shall be in that
the full number allowed by law.


Approyed March 9 1887