may be detailed as instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any particular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be Officers of Navy done without detriment to the public service, to detail instructors, proper officers of the Navy as superintendents of, or inetc., for nautical structors in, such schools: Provided, That if any such Restoration of school shall be discontinued, or the good of the naval service shall require, such vessels shall be immediately restored penal purposes. to the Secretary of the Navy, and the officers so detailed 18. p. 121; Mar. 3, recalled: And provided further, That no person shall be 1881, v. 21, p. 505. sentenced to, or received at, such schools as a punishment or commutation of punishment for crime. schools. vessels. Schools not for June 20, 1874, v. June 14, 1879. tine purposes. 21, p. 50. That the Secretary of the Navy be, and he is hereby, Vessels or authorized, in his discretion, at the request of the National hulks for quaran Board of Health, to place gratuitously, at the disposal of June 14, 1879, v. the commissioners of quarantine, or the proper authorities at any of the ports of the United States, to be used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preservation thereof. June 20, 1874. "whenever any vessel of the United States has Report of acci- sustained or caused any accident involving the loss of life, dents, etc., to the material loss of property, or any serious injury to any June 20, 1874, s. person, or has received any material damage affecting her See notes 3 and seaworthiness or her efficiency, the managing owner, agent, vessels. 10, v. 18, p. 128. 4. or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars." Note 3.-The above act is regarded as applying to vessels of the Navy, and a report should be made as indicated, in case of loss or accident, to the collector, from whom the necessary blanks can be procured. Note 4.-Where the fault is wholly on one side, the party in fault must bear his own loss, and compensate the other party, if such party have sustained any damage. If neither be in fault, neither is entitled to compensation from the other. If both are in fault, the damages will be divided. (Otto, S. C., 102, p. 203.) SEC. 1411. The Secretary of the Navy may appoint, for temporary service, such acting assistant surgeons as the exigencies of the service may require, who shall receive the compensation of assistant surgeons. Title 15, chap. 1. Acting assist ant surgeons. July 15, 1870, s. 13, v. 16, p. 334; Mar. 3, 1865, s. 6, v. 13, p. 539. See Feb. 15, 1879. unteer sea serv ice. Mar. 2, 1867, s. 3, v. 14. p. 516. and Mar. 3, 1883. SEC. 1412. Officers who have been, or may be, transferred Credit for vol. from the volunteer service to the Regular Navy shall be credited with the sea service performed by them as volunteer officers, and shall receive all the benefits of such duty in See Aug.5, 1882, the same manner as if they had been, during such service, in the Regular Navy. SEC. 1559. When a volunteer naval service is authorized Title 15, chap. 8. by law, the officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. service. Pay volunteer July 16, 1862, s. 20, v. 12, p. 587. Title 15, chap. 9. SEC. 1600. 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. rine officers. Credit to ma Mar. 2. 1867, s. 3, v. 14, p. 516. ant surgeons That from and after the passage of this act, the Secre. Feb. 15, 1879. tary of the Navy shall not appoint acting assistant sur Acting assistgeons for temporary service, as authorized by section four-only in time of teen hundred and eleven, Revised Statutes, except in case war. of war. See note 1. ice in volunteer Credit of time And all officers of the Navy shall be credited with the Mar. 3, 1883. actual time they may have served as officers or enlisted Credit for servmen in the regular or volunteer Army or Navy, or both, Army or Navy. and shall receive all the benefits of such actual service in Aug. 5, 1882, 22 Stat. L., p. 287; all respects in the same manner as if all said service had Mar. 3, 1883, 22 been continuous and in the Regular Navy in the lowest Stat. L., p. 473. grade having graduated pay held by such officer since last for regular vol entering the service: Provided, That nothing in this clause unteer and other shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so C. Cls., 90, 181 construed as to give any additional pay to any such officer 138 U. S., 293. during the time of his service in the volunteer army or navy. Note 1.-An act approved Feb. 15, 1879, v. 20, p. 294, abolished the volunteer Navy of the United States; providing for the transfer of some of them to the Regular Navy. Mates were not considered as coming within its provisions. Note 2.-Credit for volunteer service under section 1412 of the Revised Statutes "as an acting third assistant engineer, is of no benefit to the officer, so far as regards promotion to, or pay in, the grade of passed assistant engineer in the Regular Navy;" can not be used to make up the period of sea service required for promotion from the grade of second or assistant engineer to that of first or passed assistant. (Op., June, 1882. Webster's Case.) This provision (sec. 1412) was designed to give the transferred officers the free benefit of their former sea service, in so far as it might go to complete the period of such service required in their respective grades previous to examination for promotion, and in so far as it ought properly to be taken into account in the matter of assignment to duty, and it confers no advantages beyond these. A volunteer officer service. 19 C. Cls., 611, 621; 21 C. Cls., 20, 332:22 C.Cls., 140; 23 120 U.S., 60, 249; See note 2. Title 15, chap. 1. Sec. WARRANT OFFICERS. 1405. Number and appointment of. 1407. Promotion of seamen to warrant 1409. Not to discharge from enlistment. Sec. 1417. Preference to enlisted boys. SEC. 1405. The President may appoint for the vessels in Number and actual service, as many boatswains, gunners, sailmakers, appointment of. and carpenters as may, in his opinion, be necessary and Apr. 21, 1806, s. 3, v. 2, p. 390; proper. Aug. 4, 1842, s. 1, v. 5, p. 500; Mar. 3, 1847, s. 1, v.9, p. 172. Title. July 2, 1864, 8. 2, v. 13, p. 373. SEC. 1406. Boatswains, gunners, carpenters, and sailmakers shall be known and shall be entered upon the Naval of warrant offi- Register as "warrant officers in the naval service of the cers, Title "Re- United States." tirement." Promotion of seamen to warrant officers. May 17, 1864, s. 3, v. 13, p. 79. Rating not to discharge. SEC. 1407. Seamen distinguishing themselves in battle, or by extraordinary heroism in the line of their profession, may be promoted to forward warrant officers, upon the recommendation of their commanding officer, approved by the flag-officer and Secretary of the Navy. And upon such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department. SEC. 1409. The rating of an enlisted man as a mate, or May 17, 1864, 8. his appointment as a warrant officer, shall not discharge him from his enlistment. 3, v. 13, p. 79; Mar. 2, 1865, s. 3, v. 13, p. 539. Gunners as keepers of magazines. Aug. 10, 1846, s. 1, v. 9, p. 98. Preference in appointment to May 12, 1879, v. 21, p. 3. SEC. 1416. The Secretary of the Navy is authorized, when in his opinion the public interest will permit it, to discontinue the office or employment of * the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. SEC. 1417. In the appointment of warrant be given to ap- Officers in the naval service of the United States, preference prentices, etc. ces, 79, shall be given to men who have been honorably discharged upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and re-enlisted within three months after such discharge, to serve during a term of three or more years: Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised Statutes of the United States. See note 1. transferred to the Regular Navy is not entitled to hold a commission dated as of the date of his volunteer commission, but he must take his place upon the Register according to the rank given him by his commission as an officer of the Regular Navy. (Op., XIV, 191, 358, and Aug. 11, 1881; Gen. Order 275.) To entitle an officer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Navy at the time of his appointment to the Regular Navy. Where he ceased to be an officer in the volunteer Navy prior to such appointment, however brief the interval, he does not come within the provisions referred to. (Op., XIV, 142, Nov. 20, 1872. Gray's Case.) The act of March 3, 1883, supra, is to be considered in connection with the foregoing opinions which were rendered prior to its passage. Note 1.-See act August 1, 1894, extending provisions of law relating to retirement of warrant officers to officers now serving as mates in Navy, Title "Mates." June 17, 1844, SEC. 1438. The Secretary of the Navy shall order a suit- Title 15, chap. 2. able commissioned or warrant officer of the Navy, except Acting as storein the case provided in section fourteen hundred and four- keepers. teen, to take charge of the naval stores for foreign squad- s. 1, v. 5, p. 700; rons at each of the foreign stations where such stores may v.9, p.172. be deposited, and where a store-keeper may be necessary. See sec. 1414, Mar. 3, 1847, s. 3, under naval storekeepers, June 17, 1844, SEC. 1439. Every officer so acting as store-keeper on a Bonds of. foreign station shall be required to give a bond, in such s. 1, v. 5, p. 700. amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty. 8. 1, v. 13. p. 373; July 15, 1870, s. SEC. 1491. The President may, if he shall deem it con- Title 15, chap. 4. ducive to the interests of the service, give assimilated rank Rank. to boatswains, gunners, carpenters, and sailmakers, as fol- . 2, 1864, lows: After five years' service, to rank with ensigns, and Mar. 3, 1883, P. E. L., p. 472. after ten years' service to rank with lieutenants of the junior grade. SEC. 1556. Boatswains, gunners, carpenters, and Title 15, chap. 8. sail-makers, during the first three years after date of ap. Pay. pointment, when at sea, one thousand two hundred dollars; 3, v. 1, p. 332. on shore duty, nine hundred dollars; on leave, or waiting orders, seven hundred dollars; during the second three years after such date, when at sea, one thousand three hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. Title 14, chap. 1. detachments. SEC. 1135. The officers of the Quartermaster's DepartSupplies to ment shall, upon the requisition of the naval or marine naval and marine officer commanding any detachment of seamen or marines Dec. 15, 1814, ss. under orders to act on shore, in co-operation with land 1, 2, v. 3, p. 151. troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage. Rations to detachments with the Army. 1, v. 3, p. 151. SEC. 1143. The officers of the Subsistence Department shall, upon the requisition of the naval or marine officer Dec. 15. 1814, 8. commanding any detachment of seamen or marines under orders to act on shore, in co-operation with the land troops and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and marines of the same. Title 14, chap. 5. officers associ SEC. 1342. ART. of WAR 78. Officers of the Marine Marino and Corps, detached for service with the Army by order of the Regular Army President, may be associated with officers of the Regular ated on courts. Army on courts-martial for the trial of offenders belonging June 30, 1834, to the Regular Army, or to forces of the Marine Corps so detached; and in such cases the orders of the senior officer of either corps, who may be present and duly authorized, shall be obeyed. 8. 2, v. 4, p. 713. Command when different corps 27, v. 12, p. 736; SEC. 1342. ART. of WAR 122. If, upon marches, guards, happen to join. or in quarters, different corps of the Army happen to join Mar. 3, 1863, s. or do duty together, the officer highest in rank of the line Mar. 3, 1863, s. 25, of the Army, Marine Corps, or Militia, by commission, there v. 12, p. 754. on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case. |