Chapter XII. to amend an Act entitled “An Act to promote the Efficiency of the Navy.” Jan. 16, 1857.1855, ch. 127. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, See also *post*, pp. 367, 369
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Chap. XII.— An Act to amend an Act entitled “An Act to promote the Efficiency of the Navy.” Jan. 16, 1857.1855, ch. 127. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, See also *post*, pp. 367, 369.Navy officers dropped, furloughed, or retired under act of 1855, ch. 127, may have a reexamination by a court of inquiry.Vol. x. p. 616. That, upon the written request, made within ninety days after 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 any officer of the navy who was dropped, furloughed, or retired, by the operation of the act of the twenty-eighth of February, eighteen hundred and fifty-five, entitled “An act to promote the efficiency of the navy,” the Secretary of the Navy shall cause the physical, mental, professional, and in oral fitness of such officer for the naval service to be investigated by a court of inquiry, which shall be governal by the laws and regulations which now govern courts of inquiry; and the said court shall in their finding report whether the said officer,Report by such court. if he has been dropped from the rolls of the navy, ought to be restored, and, if restored, whether to the active list or the reserved list, and if to the latter, whether on leave of absence or furlough pay; and in case the officer making the written request, as aforesaid, shall have been placed on the reserved list, then the court, in their finding, shall report whether the said officer ought to be restored to the active list, or, if not restored, whether he ought to remain on the retired list on leave of absence or154THIRTY-FOURTH CONGRESS.
Sess. III. Ch. 12. 1857. furlough pay; and the finding of the court shall, in all cases, be submitted to the President of the United States, and, if approved by him, in the, case Restoration of officers.of a dropped officer, where restoration has been recommended, such officer may be nominated by the President to the Senate for restoration to the service, according to the finding of the court as approved by him; and in the case of a retired officer, the finding of the court, when approved by the President, shall be conclusive; and such officer shall be restored to the active list, to occupy that position and rank in the navy which he would have occupied had he not been retired under the action of the late naval board; or he shall remain upon the retired list on leave of absence or furlough pay, according to the finding of the court, as approved by the President: *Provided*, That the officers so restored or placed on the reserved list, shall be appointed to their places, respectively, by the President, by and with the advice and consent of the Senate.
Sec. 2. *And be it further enacted*, That the operation of the present Number of officers may be increased.law limiting the number of officers of the navy shall be suspended so 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 the Senate, of officers reserved or dropped under the operation of the act of the twenty-eighth 1855, ch. 127.of February, eighteen hundred and fifty-five, entitled “An act to Proviso as to reducing the number hereafter.promote the efficiency of the navy:” *Provided*, That there shall be no further promotions or appointments in any grade, after said restorations shall have been made thereto, until such grade in the active service shall be reduced to the limit now prescribed by law.
That when any such officer shall be restored to the navy, by and with the advice and consent Rank of restored officersof the Senate, the officer so restored shall occupy that position and rank in file navy which he would have held had he not been retired, furloughed, or dropped, by the order of the President, on the report of the naval Dropped officers may be placed on the retired or furlough list.board: *Provided, further*, That any dropped officer who may be, in the opinion of said court, entitled to be placed on the retired or furloughed list, may be thus placed by the President, by and with the advice and consent of the Senate.
Sec. 3. Officers not restored to have one year’s pay.*And be it further enacted*, That officers who were dropped, as aforesaid, and who shall not be restored to the naval service within one year from the passage hereof, shall be entitled to receive one year’s duty pay of their grades, respectively; and the President shall be, and he is Transfera from the furlough to the reserved list.Vol. x. p. 616.Reserved officers eligible to promotion.hereby, authorized, with the advice and consent of the Senate, to transfer any officer from the furlough to the reserved 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. Promotion of officers on the reserved list.Their pay and rank.*And be it further enacted*, That reserved officers may be promoted on the reserved list, by and with the advice and consent of the Senate, but no such promotion shall entitle them to any pay beyond that to which they were entitled when so reserved, nor shall they, by such promotion, take any higher rank than they would have taken had they been retained in the active service of the navy; and nothing in this act, or in the act to which this is an amendment, shall be so construed as to preclude officers on the reserved list from wearing the uniform of their grades respectively.
Sec. 5. Flag officers.*And be it further enacted*, That captains in command of squadrons shall be denominated flag officers. Sec. 6. Restored officers to draw their back pay.*And be it further enacted*, That all officers who may be restored to active service, under the provisions of this act, shall be entitled to draw the same pay they were drawing at the time they were retired or dropped, 1859, ch. 76, § 3. *Post*, p. 407. *Post*, p. 407.for and during the time of such retirement or suspension from the active service aforesaid.
Approved, Jan. 16, 1857.