Chapter LIII. *supplementary to the act, intituled “An act providing for a Naval Peace Establishment, and for other purposes.”* March 27, 1804. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President of theA captain of the navy to be att
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Chap. LIII.— An Act *supplementary to the act, intituled “An act providing for a Naval Peace Establishment, and for other purposes.”* March 27, 1804. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the President of theA captain of the navy to be attached to the navy yard and vessels in ordinary at Washington. His duties, pay and emoluments. United States be, and he is hereby authorized to attach to the navy yard at Washington, and to the frigates and other vessels laid up in ordinary in the Eastern Branch, a captain of the navy, who shall have the general care and superintendence of the same ; and shall perform the duties of agent to the navy department, and shall be entitled to receive for his services, the pay and emoluments of a captain commanding a squadron on separate service.(*a*)(*a*) The act of March 27, 1804, by which the President of the United States was authorized to attach to the navy yard at Washington, a captain in the navy, for the performance of certain duties, was correctly construed by the navy department until 1829, allowing to the defendant commissions on sums paid by him as special agent of the navy department in making the disbursements.
United States v. M’Daniel, 7 Peters, 1. And the President of the United States isWho else are to be attached to the navy yard and vessels in ordinary at Washington. hereby further authorized to attach permanently to the said navy yard and vessels, one other commissioned officer of the navy, who shall receive for his services, the pay and emoluments of a captain commanding a twenty gun ship, one surgeon and one surgeon’s mate of the navy, who shall be severally allowed for their services, the same pay, rations and emoluments, as are allowed to a surgeon and to a surgeon’s mate in the army of the United States: one sailing master, one head carpenter, one plumber, one head block maker, one head cooper, two boatswains, two gunners, one sail maker, one store keeper, one purser, one clerk of the yard, and also, such seamen and marines, as in the opinion of the President shall be deemed necessary : *Provided*, that the number of seamenProviso. or marines, shall not at any time be greater than what is at present authorized by the act to which this is a supplement.
Sec. 2. *And be it further enacted*, That that part of the act toRepeal of a part of a former act. which this is a supplement, which attaches to each frigate laid up in ordinary, one sailing master, one boatswain, one gunner, one carpenter, and one cook, one serjeant or corporal of marines and eight marines, and to the large frigates twelve, and to the small frigates ten seamen, and which declares that the sailing master shall have the care of the ship, and shall execute such duties of a purser as may be necessary, shall be, and hereby is repealed.
Approved, March 27, 1804.