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Code · STATUTES-AT-LARGE · Vol. 14 STAT. · July 25, 1866 · Chapter CCXXXI

Chapter CCXXXI. *to define, the Number and regulate the Appointment of Officers in the Navy, and for other Purposes.*July 25, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Number allowed in each grade of line officers on the active list of th

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CHAP. CCXXXI.— An Act *to define, the Number and regulate the Appointment of Officers in the Navy, and for other Purposes.*July 25, 1866. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Number allowed in each grade of line officers on the active list of the navy.That the number allowed in each grade of line officers on the active list of the navy shall be one admiral, one vice admiral, ten rear admirals, twenty-five commodores, fifty captains, ninety commanders, one hundred and eighty lieutenant commanders, one hundred and eighty lieutenants, one hundred and sixty masters, one hundred and sixty ensigns, and Increase in grades, how made.in other grades the number now allowed by law: *Provided,* That the increase in the grades authorized by this act shall be made by selection from the grade next below of officers who have rendered the most efficient and faithful service during the recent war, and who possess the highest professional qualifications and attainments.
And nothing in this act shall preclude the advancement in rank now authorized by law for distinguished conduct in battle, or for extraordinary heroism: *And provided further,* That nothing in this act, nor in the fourteenth section of the act Who may be promoted to grade of rear-admiral on retired list.approved July sixteenth, eighteen hundred and sixty-two, entitled “An act to establish and equalize the grade of the line officers of the navy,” shall be so construed as to prevent the Secretary of the Navy from promoting to the grade of rear admiral on the retired list those commodores who have commanded squadrons by order of the Secretary of the Navy, or who have performed other highly meritorious service.
Sec. 2. *And be it further enacted*, Appointments of certain line officers on active list from volunteer naval service.If by these appointments number in any grade exceeds that allowed by law.Authority exhausted when the number of volunteer officers is once appointed.That of the number of line officers of the navy on the active list, five lieutenant commanders, twenty lieutenants, fifty masters, and seventy-five ensigns may be appointed from those officers who have served in the volunteer naval service for a period of not less than two years, and who are either now in that service or have been honorably discharged therefrom: *Provided,* That if by reason of these appointments the number of officers in any grade shall exceed the number fixed by law, no more promotions or appointments to that grade shall be made until the number is reduced below the number fixed by law for that grade: *And provided further,* That the authority given by this section shall be exhausted when the number of volunteer officers above named shall have been once appointed.
Sec. 3. *And be it further enacted*, That the Secretary of the Navy shall appoint a board consisting of not less than three naval officers superior in rank to the officers to be thus Board for examination of candidates from the naval volunteer service.Report and selections.appointed in the regular navy from the volunteer service, which board, after examination of the claims of all candidates, shall select and report to the Secretary of the Navy the most meritorious in character, ability, professional competency, and honorable service, the number to be appointed and transferred to the several grades mentioned in the second section of this act, provided they shall find that number who are What volunteer naval offi-suitably qualified therefor.
And any officer who has served in the volunteer naval service for the term of two years or THIRTY-NINTH CONGRESS. Sess. I. Ch. 231, 232. 1866.223cers may appear before board.more shall have the right to appear before the examining board and present his claims and be examined for an appointment in the regular navy. And any volunteer officersVolunteer officers at sea or on foreign stations. attached to vessels at sea or on foreign stations may be appointed to the regular navy, subject to the conditions contained in this section, after their return to the United States.
Sec. 4. *And be it further enacted*, That the Secretary ofSecretary of Navy may retain or appoint volunteer officers in the navy. the Navy be, and he hereby is, authorized to retain, or to appoint under existing laws and regulations, such volunteer officers in the navy as the exigencies of the service may require. Sec. 5. *And be it further enacted*, That lieutenantLieutenant commanders;may be assigned to what duty. commanders may be assigned to duty as navigation and watch officers on board of vessels of war as well as first lieutenants of naval stations and of ships of war.
Sec. 6. *And be it further enacted*, That the annualPay of the admiral of the navy.His secretary. compensation of the admiral of the navy shall be ten thousand dollars a year, and he shall be entitled to the services of a secretary, who shall receive the annual sea pay of a lieutenant in the navy. Sec. 7. *And be it further enacted*, That naval constructorsNaval constructors and first and second assistant engineers. and first and second assistant engineers in the navy shall be appointed by the President and continued by the Senate, and shall have naval rank and pay as officers of the navy.
Sec. 8. *And be it further enacted*, That all acts and partsRepeal of inconsistent laws. of acts inconsistent herewith are hereby repealed. Approved, July 25, 1866.
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