-renewal waiv. ed, when. Liability not affected. -to continue un In the discretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service pending the appointment and qualification of his successor: Provided, That the nonperformance of any requirement of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and til appointment Sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal. etc., of successor. Bond not affected by a new commission. Mar. 3, 1871, s. 6, v. 16, p. 536. See note 2. SEC. 1385. The issuing of a new appointment and commission to any officer of the Pay Corps shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and commission. Note 2.-An appointment by the President to the end of the next session of Congress is not continued by a new appointment and commission by and with the advice and consent of the Senate. The latter is a distinct appointment, and requires a new bond. Sureties on the first not released on account of failure of the Senate to confirm the second. (United States v. Kilpatrick, 9 Wheaton, 720; United States v. Spencer, 2d McLean, 265; Op., IV, p. 30, May 20, 1842.) A bond is confined in its obligatory force to acts done whilst a commission has a legal continuance. (Op., XV, p. 214, cites 9 Wheaton, 734.) A bond, to be accepted by the Government, ought to be executed by the obligees and not by their attorneys. (Op., IX, p. 128, Nov. 5, 1857.) The Supreme Court has repeatedly decided that the sureties of a bonded officer are only responsible for the faithful performance of his duties for the legal term of his appointment. (Op., XI, p. 286, July 11, 1865.) Bonds cover not merely duties imposed by existing law, but duties belonging to and naturally connected with the office, imposed by subsequent law, provided that the new duties have relation to such office. (United States v. Sanger, 15 Wallace, p. 112.) A paymaster's bond takes effect from the date of its approval by the Secretary of the Navy. (See Op., XIV, p. 7, and 19 Howard p. 73, as to when bonds go into effect.) Under sec. 1560, R. S., the pay of a bonded officer of the Navy commences on the day of the approval by the proper authority of his bond. Duties imposed on an officer different in their nature from those which he was required to perform at the time his official bond was given do not render it void as an undertaking for the faithful performance of those which he at first assumed. (Otto, 97, p. 584.) Judgment can not be rendered beyond the penalty to be discharged on the payment of the sum actually due. Can not exceed the penalty with interest from the breach. (United States v. Picketts, 2 Cranch, C. C., 553; Farrar v. United States, 5 Peters, 373.) GENERAL INSTRUCTIONS. A bond must bear date even with or prior to that of the affidavits of sureties and the certificate as to their sufficiency. Seals of wafer or wax must be attached where indicated on the bond, opposite the places for the signatures of the principal and the sureties. Two or more witnesses are required to each signature. The sufficiency of the sureties must be certified to by a judge or clerk of a United States court or by a United States attorney, preferably for the district in which such sureties reside. Pay officers will be careful to avoid erasures or alterations in any portion of the bond. The form should be neatly filled and the signatures legibly written. INDIVIDUAL SURETIES. A bond on which the sureties are individuals must be signed by not less than two sureties, one of whom, at least, must qualify in a sum, over and above all exemptions, debts, and legal liabilities, not less than the full amount of the bond; if there are but two sureties, the second must also qualify in like amount; or in lieu of a second surety for the whole amount, two or more individuals will be accepted, provided the aggregate amount for which they qualify be not less than the full amount of the bond. Each surety must make affidavit stating the value of his or her property over and above all exemptions, debts, and legal liabilities. In case a woman is offered as surety it should be stated whether she is single, married, or a widow, and if married or a widow an additional certificate will be required to the effect that such surety holds her property in her own right, and is competent under the laws of the State in which she resides to bind herself as surety in such case. The wife of the principal will not be accepted as surety. CORPORATIONS AS SURETIES. Under the provisions of the act approved August 13, 1894, entitled "An act relative to recognizances, stipulations, bonds, and undertakings, and to allow certain allowed. May 26, 1864, v. SEC. 1386. Paymasters of the fleet, paymasters on vessels Clerks, when having complements of more than one hundred and seventy- July 14, 1862, s. five persons, on supply-steamers, store-vessels, and receiv-3 v. 12. p. 565; ing ships, paymasters at stations and at the Naval Academy, 13, p. 92. and paymasters detailed at stations as inspectors of provisions and clothing, shall each be allowed a clerk. not allowed, SEC. 1387. No paymaster shall be allowed a clerk in a ves- Clerks, when sel having the complement of one hundred and seventy-five May 26, 1864, v. persons or less, excepting in supply-steamers and store- 13, p. 92. vessels. assistant and assistant paymas Mar. 3, 1863, s. 5, v. 12, p. 818. cers by paymas ters. SEC. 1388. Passed assistant paymasters and assistant Clerks of passed paymasters attached to vessels of war shall be allowed clerks, if clerks would be allowed by law to paymasters so ters. attached. SEC. 1389. It shall not be lawful for any paymaster, Loans to offipassed assistant paymaster, or assistant paymaster, to advance or loan, under any pretense whatever, to any officer in the naval service, any sum of money, public or private, or any credit, or any article or commodity whatever. v. SEC. 1432. No commanding officer of any vessel of the Navy shall be required to perform the duties of a paymaster, passed assistant paymaster, or assistant paymaster. Aug. 26, 1842, s. 6, v. 5, p. 536; June 22, 1860, s. 3, Title 15, chap. 2. officers not to act Title 15, chap. 4. SEC. 1471. The Chief of the Bureau of Supplies and Accounts shall have the relative rank of commodore while Rank. holding said position, and shall have the title of paymaster-Mar. 3, 1871, s. general. SEC. 1475. Officers of the Pay Corps on the active list. See of the Navy shall have relative rank as follows: Passed assistant paymasters, the relative rank of lieutenant or master. Assistant paymasters, the relative rank of master or ensign. * SEC. 1481. Officers of the * Pay Corps who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of Commodore; * corporations to be accepted as surety thereon," a surety or guaranty company, duly certified by the Attorney-General as having complied with the requirements of said act, and by him authorized to do business thereunder, and having a duly appointed agent in the District of Columbia, will be accepted as sole surety on a bond. Such company must file with the Department a copy of the letter of the Attorney-General authorizing it to do business under the act approved August 13, 1894, duly authenticated by the seal of the Department of Justice; a copy, certified to under the seal of the supreme court of the District of Columbia, of its appointment of an agent or attorney in said District, unless the above-mentioned letter of the Attorney-General shows the appointment of such agent; and a certified copy of its charter or articles of incorporation, and of so much of its by-laws as is necessary to show what officer or officers are authorized to execute bonds or enter into other obligations in its behalf. A company appearing as surety on a bond shall attach to said bond a copy of the letter of the Attorney-General authorizing it to do business, properly certified to. and, when said bond has been accepted by the Department, the company appearing as surety thereon is required to submit quarterly statements of its financial condition in the months of January, April, July, and October, signed and sworn to by its president and secretary, and to submit statements giving the names of its officers as they are elected from time to time. Title "Rank and precedence," sec. 1475. Lieutenant of the junior grade. Mar. 3, 1871, s. 6, v. 16, p. 536. Mar. 3, 1871, s. 11, v. 16, p. 256. Title 15, chap. 5. Mar. 2, 1867. s. and who have been or who shall be retired at the age of SEC. 1527. The store-keeper at the Naval Academy shall Storekeeper at be detailed from the Paymaster's Corps, and shall have he Academ authority, with the approval of the Secretary of the Navy, 4, v. 14, p. 516; to procure clothing and other necessaries for the naval cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulation as may be prescribed by the Secretary of the Navy. Aug. 5, 1882. Pay directors and inspectors July 15, 1870, s. Pay directors and pay inspectors, four when on duty at sea, four thousand four hundred dollars. 3, v. 16, p. 331; When not at sea, the same as Mar. 3, 1871, ss. 5. 6, v. 16, pp. 535, 536; Mar. 3, 1873, 8. 1, v. 17, p. 555. Paymasters. paymasters. Paymasters, during the first five years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thou sand dollars; on leave, or waiting orders, three thousand dollars. during Passed assist- * * * Passed assistant paymasters, Assistant pay. masters. 3, v. 16, p. 330. * * Assistant paymasters, during the July 15, 1870, s. first five years after date of appointment, when at sea, one thousand seven hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars. as paymaster sea. SEC. 1564. Any person performing the duties of paymas- Person acting ter, acting assistant paymaster, or assistant paymaster, in when office va a ship at sea, or on a foreign station, or on the Pacific coast cant in ship at of the United States, by appointment of the senior officer July 17, 1861, s. present, in case of vacancy of such office, in accordance 4 v. 12, p. 258. with the provisions of section thirteen hundred and eightyone, and not otherwise, shall be entitled to receive the pay of such grade while so acting. PAY AND ALLOWANCES. PAY (active, retired, and furlough); EXTRA PAY; ALLOW- SEC. 1556. The commissioned officers and warrant officers Title 15, chap. 8. on the active list of the Navy of the United States, and the Note 1.-Pay does not include rations or subsistence. (Op., II, 420, 593.) The word "pay" in acts of Congress concerning compensation of officers of the Army, Navy, and Marine Corps does not embrace the emoluments or allowances which are given by law in the absence of a clearly expressed intention to that effect. ("Levant" Case Op., X, 284.) The word "emolument," in military statutes, includes every allowance or perquisite annexed to an office for the benefit of the officer, and by way of com pensation for services. Quarters are so given, and whether in money or in kind, are none the less an emolument. Pay and emoluments include quarters. (Op., IX, 284.) "Compensation" is equivalent to the words "pay" or "salary;" does not include rations nor extra expenses. (Op., II, 593; III, 152.) It is within the authority of Congress to reduce the pay or allowances of officers and soldiers at any time during their period of service or enlistment. It can not be done by Executive authority or military authority; nor can a soldier's pay be withheld except in pursuance of law or sentence. (Winthrop, 366.) Where an act of Congress fixes the compensation of an officer of the Government it can neither be enlarged nor diminished by any regulation or order of the President or of a Department, unless the power to make the same is given by act of Congress. (Goldsborough v. United States, Taney, 80.) An officer or soldier can not be dismissed, discharged, or mustered out as of a prior date with the effect of depriving him of pa, accrued between that date and the date of the actual discharge, etc. (Winthrop's Digest, 362.) It is not within the power of the executive department, or any branch of it, to reduce the pay of an officer of the Army. (Winthrop, p. 366: quotes 23 Wallace, 416.) So long as a person is in the Army or the Navy he is entitled to receive the pay belonging to the position, unless he has forfeited it in accordance with the provisions of law. (Op., XIII, 104, June 16, 1869; Op., XV, 175, Nov. 9, 1876.) An officer is entitled to the salary allowed by law, and is not limited to the amount appropriated by Congress. (C. C., I, 380.) An officer's pay account" is not commercial paper, but in its legal aspect a mere receipt. If assigned, and payment made to the assignee, the name of the latter on the back does not make him responsible to the paymaster as an indorser, on ascer taining that the officer has already drawn his pay for the month. (Winthrop's Digest, 361.) A paymaster on shore duty at a navy yard is not entitled to pay for sea duty, though required by the Secretary of the Navy, in addition to his regular duties, to take charge of the accounts of certain ironclads temporarily at anchor off the yard and in commission for sea service. (Carpenter's Case, C. C., XV, 247.) Graduated pay of officers. (See Op., X, p. 97, Aug. 13; p. 101, Aug. 19, 1861; and p. 326, Aug. 28, 1862.) See note 1. Rear-admirals. Commodores. Captains. Commanders. Lieutenantcommanders. Lieutenants. Masters. [Grade abol. ished.] Grades in the Navy. 347. case. petty officers, seamen, ordinary seamen, firemen, coalheavers, and employés in the Navy, shall be entitled to receive annual pay at the rates herein stated after their respective designations: * Rear-admirals, when at sea, six thousand dollars; on shore duty, five thousand dollars; on leave, or waiting orders, four thousand dollars. Commodores, when at sea, five thousand dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars. Captains, when at sea, four thousand five hundred dollars; on shore duty, three thousand five hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars. Commanders, when at sea, three thousand five hundred dollars; on shore duty, three thousand dollars; on leave, or waiting orders, two thousand three hundred dollars. Lieutenant-commanders, during the first four years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; after four years from such date, when at sea, three thousand dollars; on shore duty, two thousand six hundred dollars; on leave, or waiting orders, two thousand two hundred dollars. Lieutenants, during the first five years after date of commission, when at sea, two thousand four hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand six hundred dollars; after five years from such date, when at sea, two thousand six hundred dollars; on shore duty, two thousand two hundred dollars; on leave, or waiting orders, one thousand eight hundred dollars. Lieutenants, junior grade, the pay of masters. Masters, during the first five years after date of commission, when at sea, one thousand eight hundred dollars; on shore duty, one thousand five hundred dollars; on leave, or waiting orders, one thousand two hundred dollars; after five years from such date, when at sea, two thousand dollars; on shore duty, one thousand seven hundred dollars; on leave, or waiting orders, one thousand four hundred dollars. In the Navy there are grades for duty, for honor, and for C. C. v. 18, p. pay, some by name and others by description. A lieutenant McClure's has a grade of his class and also a grade in his class upon which his pay is fixed, depending upon length of service. A lieutenant retired in the first five years of service because not recommended for promotion, is entitled to one-half of his sea-pay at the time of retirement, and no more. one hundred masters, the title 22 Stat. L., 472. of which grade is hereby changed to that of lieutenants. Mar. 3, 1833. Masters in Navy to be styled lieutenants. R. S., sees. 1362, 1363, 1466, 1556. to be a junior grade. For the pay of * And the masters now on the list shall constitute a junior grade of, and be commissioned as, lieutenants, having the |