Chapter CLXXIV. *to amend certain Acts in Relation to the Navy.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That so much of the “Act toAdmiral to be the ranking officer of navy.1864, ch. 6
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CHAP. CLXXIV.— An Act *to amend certain Acts in Relation to the Navy.* March 2, 1867. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That so much of the “Act toAdmiral to be the ranking officer of navy.1864, ch. 6. Vol. xiii. p. 420.1866, ch. 281.*Ante*, p. 222. establish the grade of vice-admiral in the United States navy,” approved December twenty-one, eighteen hundred and sixty-four, as provides that the vice-admiral shall be the ranking officer in the navy of the United States, shall be considered as having been repealed by the act approved July twenty-five, eighteen hundred and sixty-six, establishing the grade 516 THIRTY-NINTH CONGRESS.
Sess. II. Ch. 179. 1867. Rank, pay, and allowances of secretary of admiral.of admiral, who shall be the ranking officer of the navy; and the sixth section of the act last named is hereby so amended that the secretary of the admiral shall be entitled to the rank, sea pay and allowances of a 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 appointment. Sec. 2. Cadet engineers; restrictions as to age and certain qualifications when appointed removed.1864, ch. 252, §§ 3, 4.
Vol. xiii. p. 393. *And be it further enacted, *That so much of the “Act to authorize the Secretary of the Navy to provide for the education of naval constructors and steam engineers, and for other purposes,” approved July four, eighteen hundred and sixty-four, as provides that cadet engineers, when appointed, shall be under eighteen years of age, and shall have been employed at least two years in the actual fabrication of steam machinery, is hereby repealed. Sec. 3. Officers of volunteer naval service transferred to regular navy or marine corps to be credited with their sea service.Marine officers. *And be it further enacted, *That the officers of the volunteer naval service who are, or may be, transferred to the regular navy, or marine corps, shall be credited with the sea service performed by them as volunteer officers, and shall receive all the benefits of such duty in the same manner as if they had been during such service in the regular navy or marine corps; and all marine officers shall be credited with the length of time they may have been employed as officers or enlisted men in the volunteer service of the United States.
Sec. 4. Storekeeper at Naval Academy, how to be detailed ;may procure clothing, &c. for midshipmen. *And be it further enacted, *That the storekeeper at the naval academy shall hereafter be detailed from the paymasters’ corps of the navy, and he shall have authority, with the approval of the Secretary of the Navy, to procure clothing and other necessaries for the midshipmen, in the same manner as supplies are now furnished the navy, to be issued under such regulations as may be prescribed by the Secretary of the Navy.
Sec. 5. Summary courts-martial on petty officers and persons of inferior ratings.1855, ch. 136. Vol. x. p. 627. *And be it further enacted, *That the fourth section of the “Act to provide a more efficient discipline for the navy,” approved March second, eighteen hundred and fifty-five, be, and hereby is, so amended that the authority therein given to the commander of any vessel in the navy to convene summary courts-martial, shall require the approval of the proceedings by the commander-in-chief, when present in port, and, in his absence, that of the senior officer present, in all cases before carrying Sentence.the sentence into execution; and in all cases where the sentence involves loss of pay, that part of such sentence shall be subject to the approval or disapproval of the Secretary of the Navy.
Sec. 6. Disabled persons, who have served as enlisted persons in the navy or marine corps for twenty years, to receive from naval pension fund half of their rating when discharged.1862, ch. 204, § 11.Vol. xii. p. 607.How and by whom to be paid. *And be it further enacted, *That, to carry out the provisions of the eleventh section of the “Act for the better government of the navy of the United States,” approved July seventeen, eighteen hundred and sixty-two, directing the surplus income from the naval pension fund to “be applied to the making of further provision for the comfort of disabled officers, seamen, and marines,” there shall be paid out of said fund to every person who, from age or infirmity, is disabled from sea service, but who has served as an enlisted person in the navy or marine corps for the period of twenty years, and not been discharged for misconduct, in lieu of being provided with a home in the naval asylum, Philadelphia, if he shall so elect, a sum equal to one half the pay of his rating at the time he was discharged, to be paid to him quarterly, under the direction of the commissioner of pensions; and applications for such pension shall be made to the Secretary of the Navy, who, upon being satisfied that the applicant comes within the provisions of this act, shall certify the same to the commissioner of pensions, and said certificate shall be his warrant for making payment as herein authorized. *And provided further,* That Such persons so serving for not less than ten years, &c. may apply for aid from surplus income of naval pension fund.any disabled person who has served in the navy or marine corps as an enlisted man for a period not less than ten years, and not been discharged for misconduct, may apply to the Secretary of the Navy for aid from the surplus income of the naval pension fund; and the Secretary of the Navy is authorized to convene a board of not less than three naval 517 THIRTY-NINTH CONGRESS.
Sess. II. Ch. 174, 175, 176. 1867. officers, one of whom shall be a surgeon, to examine into the condition ofBoard to examine applicants. the applicant, and to recommend a suitable amount for his relief, and for a specified time, and upon the approval of such recommendation by the Secretary of the Navy and certificate thereof to the commissioner of pensions, the amount shall be paid in the same manner as is provided in this section for the payment to persons disabled by long service in the navy; but no allowance so made shall exceed the rate of a pension for full disabilityLimit of allowance. corresponding to the grade of the applicant, nor, if in addition to a pension, exceed one fourth the rate of such pension.
Sec. 7. *And be it further enacted, *That the commandant of the marineRank and pay of commandant of marine corps. corps shall have the rank and pay of a brigadier-general of the army. Sec. 8. *And be it further enacted, *That the number of midshipmen allowedNumber of midshipmen in Naval Academy. at the naval academy shall be one for every member and delegate 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 a naval vessel, should so many be found qualified: *Provided, however,* That theReduction riot to affect present appointments or vacancies.Repeal of part of acts 1862, ch. 164, and ch. 183, § 11, vol. xii. pp. 565, 585. reduction in the number of midshipmen herein provided for shall not affect any already appointed, nor any vacancy alre[a]dy existing : *And provided 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. 9. *And be it further enacted, *That officers on the retired and reservedPromotion of officers on retired and reserved lists.Pay.Proviso. 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 pay beyond that to which they were entitled when retired, unless upon active duty, when they shall receive the full pay of their respective grades: *Provided,* That no promotion shall be made to the grade of rear-admiral upon the retired list while there shall be in that grade the full number allowed by law.
Approved, March 2, 1867.