Chapter LXIII. *to amend an Act entitled “An Act to establish and equalize the Grade of Line Officers of the United States Navy,” approved July sixteenth, eighteen hundred and sixty-two.* April 21, 1864.1862, ch. 183
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Chap. LXIII.— An Act *to amend an Act entitled “An Act to establish and equalize the Grade of Line Officers of the United States Navy,” approved July sixteenth, eighteen hundred and sixty-two.* April 21, 1864.1862, ch. 183.Vol. xii. p. 583. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That no line officer of the navy,No line officer upon active list, nor other naval officer, to be promoted, unless after examination, &c.Board of examiners; appointment, power, &c.; upon the active list, below the grade of commodore, nor any other naval officer, shall be promoted to a higher grade, until his mental, moral, and professional fitness to perform all his duties at sea shall be established to the satisfaction of a board of examining officers to be appointed by the President of the United States.
And such board shall have power to take testimony, the witnesses when present to be sworn by the president of the board, and to examine all matter on the files and records of the department in relation to any officer whose case shall be considered by them. Sec. 2. *And be it further enacted,* That such examining board shallof whom to consist consist of not less than three officers, senior in rank to the officer to be examined. Sec. 3. *And be it further enacted,* That any officer to be acted upon byOfficers interested may be present at examination. said board shall have the right to be present, if he desires it; and his statement of his case, on oath, and the testimony of witnesses, and bis examination, shall be recorded.
And any matter on the files and records of the department touching each case, as may in the opinion of the board be necessary to assist them in making up their opinion, shall, together with the whole record and finding, be presented to the President forRecord of case to be presented to the President. his approval or disapproval of the finding. And no officer shall be rejected until after such public examination of himself and the records of the department in his case, unless he finis to appear before said board alter having been duly notified.
Sec. 4. *And be it further enacted,* That no officer in the naval serviceNo officer to be promoted unless shown by examination to be physically qualified. shall be promoted to a higher grade therein, upon the active list, until he has been examined by a board of naval surgeons, and pronounced physically qualified to perform all his duties at sea. And all officers whose cases shall have been acted upon by the aforesaid boards, and who shall not have been recommended for promotion by both of them, shall be placed upon the retired list.
Sec. 5. *And be it further enacted,* That all officers not recommendedCertain officers, not recommended for promotion, may present themselves for examination, &c. for promotion under the fourth section of an act entitled “An act to 54THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 64, 65, 66. 1864.establish and equalize the grades of line officers of the United States navy,” approved July sixteen, eighteen hundred and sixty-two, shall have the right to present themselves for examination, according to the provisions of this act, and if found duly qualified, and such finding be approved by the President of the United States, they shall be promoted to the same When may be promoted.grade and place as if they had been recommended by the board, and shall receive the corresponding pay according to the service which they have performed from the date of their rank to that of their promotion.
And no further promotions shall be made upon the active list until the number in each grade is reduced to that provided by law. Sec. 6. *And be it further enacted,* That any officer in the naval service, Any officer may be advanced for conduct in battle, &c.by and with the advice and consent of the senate, may be advanced, not exceeding thirty numbers, in his own grade, for distinguished conduct in battle,, or extraordinary heroism. Sec. 7. *And be it further enacted,* That the President of the United Fleet paymasters and engineers.Retired pay of surgeons, pay-masters, &c.States shall appoint paymasters of the fleet and engineers of the fleet in the same manner and with the same rank and pay as fleet surgeons; and the retired pay of surgeons, paymasters, engineers, and other staff officers in the navy shall be the same as that of the retired officers of the line of the navy with whom they have relative rank.
Sec. 8. *And be it further enacted,* That all acts or parts of acts which Repealing clause.are inconsistent with the provisions of this act are hereby repealed. Approved, April 21, 1864. Chapter LXIV: to amend an Act for enrolling and calling out the National Forces so as to increase the Rank, Pay, and Emoluments of the Provost-Marshal General. 13 Stat. 54 1864-04-21 Chapter LXIV Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
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Chapter LXIII
*to amend an Act entitled “An Act to establish and equalize the Grade of Line Officers of the United States Navy,” approved July sixteenth, eighteen hundred and sixty-two.* April 21, 1864.1862, ch. 183
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