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EXTRA PAY, EXTRA SALARIES, ETC.

Title 1.

1874.

Sec.

Soc. 170. To clerks prohibited.

3654. Extra compensation for disburse1763. Double salaries.

ments. 1764. Extra services.

Extra pay-Mexican war. Extra compen. 1765. Extra allowances.

sation to civil ollicers forbidden. 2687. Apportionment of salaries.

Sec. 170. No money shall be paid to any clerk employed in either Department at an annual salary, as compensation Extra compen

sation to clerks for extra services, unless expressly authorized by law.

prohibited.

June 17, 1844, s. 1, v. 5, pp. 681, 687; Mar. 3, 1863, 8.3, v. 10, PP. 209, 211; Feb. 28, 1867, res. 30, 8. 2, v. 14, p. 569. See same sec., Civil Ser.

vice, Division II. SEC. 1763. No person who holds an office, the salary or

Title 19. annual compensation attached to which amounts to the sum Double salaries. of two thousand five hundred dollars, shall receive com- 18, 1.10. p. 100.

Aug. 31, 1852, s. pensation for discharging the duties of any other office, Seo June 20, unless expressly authorized by law.

No person who holds an office the salary or annual com- July 31, 1894. pensation attached to which amounts to the sum of two 28 Stat. L., 162. thousand five hundred dollars shall be appointed to or hold Supbi2, 22.

Holding two any other office to which compensation is attached unless offices by persons

receiving specially heretofore or hereafter specially authorized thereto forbidden. by law;

1874, ch. 328, s. 3

1 Supp. R.S., 18. but this shall not apply to retired officers of the Army

Retired officers

excepted in cer. or Navy whenever they may be elected to public office or tain cases. whenever the President shall appoint them to office by and 1223, 1885, Mar:

R.S., secs. 1222, with the advice and consent of the Senate.

3, ch. 338, s. 2 1 Supp. R. S., 481.

See notes 1 and

2. SEC. 1764. No allowance or compensation shall be made

Extra services.

Aug. 26, 1842,8. to any officer or clerk, by reason of the discharge of duties 12, v.5, p. 525. which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorized by law.

SEC. 1765. No officer in any branch of the public service, ances. or any other person whose salary, pay, or emoluments are Mar. 3, 1839, 8 fixed by law or regulations, shall receive any additional Aug: 231842, 9.2

3. , p. 319 pay, extra allowance, or compensation, in any form what. V.6, p. 510. ever, for the disbursement of public money, or for any

R.S., secs. 17631765. June 20,

Extra allow. Feb. 11, 1816, 8. 21 Stat. L. 317,

See note 3.

Note 1.-Asto officers of the Army on the retired list holling other offices, see R. S., sec. 12:23, 1875, Mar. 3, ch. 178 (1 Supp. R. S., 96): 1883, Mar. 3, ch. 134 (1 Supp. R. S., 412): 1891, Mar. 3. ch. 540, par. 3 (1 Supp. R. S., 925).

Note 2.-The act of July 31, 1894, was construed by the Attorney-General in an opinion rendered March 23, 1897, in which ho held that the employment of a competent mathematician, who at the same time was a retired officer of the Navy, was not precluded by the act cited.

Note 3.-An officer who has been appointed to and is fully invested with two distinct offices may receive the compensation appropriate for each. Sections 1763, 1764, 1765 du not apply to such a case. It is for the appointing power to determine whether the party can properly and fully perform the duties of the two otticos. (Op., XVI, 7. May 9, 1878. See also Op., XII, 459, on this subject; also under" Executive Dopart. ments," Division III.)

Title 40.

other service or duty whatever, unless the same is authorized by law, and the appropriation therefor explicitly states that it is for such additional pay, extra allowance, or com

pensation. Title 34, chap.2. SEO. 2687. Collectors and all other officers of the customs, Apportionment serving for a less period than a year, shall not be paid for of compensation the entire year, but shall be allowed in no case a greater for part of a year's service. than a pro rata of the maximum compensation of such offi1, v. 9, p. 3; July cers respectively for the time only which they actually serve 18, 1866, s. 34, v. as such collectors or officers, whether the same be under 14, p. 186.

one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this section shall be applied and enforced in regard to all officers, agents, and employés of the United States whomsoever, as well those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise.

SEC. 3654. No extra compensation exceeding one-eighth Extra compen- of one per centum shall in any case be allowed or paid to sation for dig. bursements.

any officer, person, or corporation for disbursing moneys Mar. 3, 1869, v. appropriated to the construction of any public building.

3, . 15, p. 312. See Mar. 3,1875. Mar. 3, 1875.

The provisions of the act of March 3,1869 (sec. 3654), were Mar. 3, 1875, v. intended and shall be deemed and held to limit the

compen18, p. 415.

sation to be allowed to any disbursing officer who disburses moueys appropriated for and expended in the construction of any public building as aforesaid to three-eighths of one

per centum for said services. June 20, 1874. That no civil officer of the Government shall hereafter

Extra compen, receive any compensation or perquisites, directly or indisation to civil

prohib. rectly, from the treasury or property of the United States ited.

beyond his salary or compensation allowed by law: Pro20, 1874, 8. 3.v.18, :5. See vided, That this shall not be construed to prevent the employGoWari ment and payment of the Department of Justice of district den's Case, and XV, p. 22. atorneys as now allowed by law for the performance of sery

(Extra pay to enlisted persons.

ices not covered by their salaries or fees. men.]

An act approved February 19, 1879, chap. 90, v. 20, p. 316, provides for three months' extra pay (removing limitations contained in the act of July 19, 1848) to those who served in the Army, Navy, Marine Corps, and Revenue Marine in the war with Mexico.

officers

See under Sea.

Extra рау, Moxican war.

TRAVELING EXPENSES.

Sec.
Act June 16, 1874. Actual expenses.
Act June 30, 1876. Mileage.
1566. Allowance in foreign countries.

Sec.
Act Jan. 18, 1875. Approval of Secretary

required.
850. Clerks, etc., sent off as witnesses.

Traveling expenses of naval cadets.

June 16, 1874. Only actual traveling expenses shall be allowed to any

Traveling ex. person holding employment or appointment under the penses. United States, and all allowances for mileages and trans

See note l.

66

See note 2.
Seo Aug. 5,

p. 289.

Travel abroad.

Allowance to

portation in excess of the amount actually paid are hereby, June 16, 1874, 8.

1, v. 18, p. 72. (See declared illegal; and no credit shall be allowed to any of June 30, 1876.] the disbursing officers of the United States for payment or allowances in violation of this provision.

So much of the act of June 16, 1874 (supra)," as is applica- June 30, 1876. ble to officers of the Navy so engaged, is hereby repealed: Mileage to offi "And the sum of eight cents per mile shall be allowed cers of the Navy.

June 30, 1876, v. such officers, while so engaged, in lieu of their actual ex- 19, p. 65. penses."

1862, 22 Stat. L., Officers of the Navy traveling abroad under orders here.

Aug. 5, 1882. after issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the 22 Stat. L., p. 286.

Aug. 5, 1882, officer issuing the same; and shall receive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy. SEC. 1566.

And an allowance may be made to Title 15, chap. 8. officers traveling in foreign countries under orders, for expenses of transportation of baggage necessarily incurred. officers traveling

in foreign counAnd no officer shall be paid mileage, except for travel actu- tries. See note 3.

Mar. 3, . ally performed at his own expense and in obedience to 2,v. 4, p. 757; Tals orders.

17, 1862, s. 7, v. 12, See Aug. 5, 1882. p. 595; July 15,

1870, s. 4, v. 16, p. For expenses and transportation of officers traveling Jan. 18, 1875. under orders, Provided, That no allowance shall be

18 Stat. L., 297. made in the settlement of any account for traveling expen- Sulaveling. ex:

Supp., R. S. p.59. ses unless the same be incurred on the order of the Secre- penses to be ap. tary of the Navy, or the allowance be approved by him. *

* proved by Secretary:

1875, Mar.3, ch. 133, par. 1, and note, p. 81. 1876, Jnne 30. ch. 159, par. 1, p. 109. 1882, Aug. 5, ch.

391, par.5, p. 367. SEC. 850. When any clerk or other officer of the United Clerks, oto:

sent away as witStates is sent away from his place of business as a witness nesses. for the Government, his necessary expenses, stated in items 3. Feb. 20, 1863, s.

v10, . and sworn to, in going, returning, and attendance on the "See note 4. court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed.

332.

*

Note 1.-An act of Feb. 22, 1875, exempted attorneys, marshals, and clerks of the United States courts; the clause of June 16, 1875, was repeated March 3, 1875, with like exemption.

Note 2. --See Op., XVI, 147; XV, 311; XIV, 590, 681, 683; IX, 261, 411, 417; XIII, 526, as to traveling expenses, residence, etc. No mileage is allowed for travel abroad.

Note 3.-An officer of the Navy traveling abroad under orders is entitled under the act of August 5, 1882, to reimbursement for hotel expenses incurred at a foreign port while awaiting, in obodience to his orders, the arrival of the ship to which he bas been ordered. (Compt. Dec., Vol. III, p. 785.).

Note 4.-The necessary expenses incurred by soldiers as witnesses for the Governmentallowable under section 850 may be paid by marshals npon proper proof thereof. (Op., XVI, 147.; Army officers and soldiers are entitled to receive their necessary expenses in going, returning, and attendance on the court, which must be stated in items and sworn to. They are not in such cases entitled to mileage or witness fees.

The section embraces any person who is an employee of the United States, in however humble a capacity. (Op., XVI, 113.)

PROFESSORS OF MATHEMATICS.

Sec.
436. In charge of Nautical Almanac,
1399. Number allowed.
1400. How appointed.
1401. Duties.
1480. Rank on active list.

Sec.
1481. Rank when retired.
1528. Duty at Naval Academy.
1556. Pay
Act January 20, 1881. Qualifications.

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SEC. 436. The Secretary of the Navy may place the May be placed supervision of the Nautical Almanac in charge of any in charge of Nau- officer or professor of mathematics in the Navy who is

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competent for that service. Such officer or professor, when Mari.3.1856* so employed, shall be entitled to receive the shore-duty 3, v11, p246.

pay of his grade, and no other. Title 15, chap. 1. SEC. 1399. The number of professors of mathematics in

the Navy shall not exceed twelve.
Aug. 3, 1848, s.
12, v. 9, p. 272;
May 31, 1872, s. 1,
v. 17, p. 192.
A ppointment.

SEC. 1400. Professors of mathematics shall be appointed
Aug. 3, 1818, 8.
12, v. 9, p. 272. and commissioned by the President of the United States,
SeeJan.20,1881.

by and with the advice and consent of the Senate.
Aug. 3, 1848, s. SEC, 1401. Professors of mathematics shall perform such
12, v. 9, p. 272.

duties as may be assigned them by order of the Secretary
of the Navy, at the Naval Academy, the Naval Observa-
tory, and on board ships of war, in instructing the mid-

shipmen of the Navy, or otherwise.
Title 16, chap. A. SEC. 1480. Professors of mathematics shall have relative

rank as follows: Three, the relative rank of captain; four, Max. 32. 19872, s. that of commander; and five, that of lieutenant-commander 1, v. 17, p.

See "Rank and or lieutenant. procedence," sec. 1480. Relative rank SEC. 1481. *

Professors of mathematics when retired from ago or who shall have served faithfully for forty-five years, shall, length of service. MAM. 1874.5. 19, when retired, have the relative rank of commodore; and Mar. , 11

* v. 16, p. 537.

who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the serv.

ice, have the relative rank of commodore. Title 16, chap. 5. SEC, 1528. Three professors of mathematics shall be

Professors of assigned to duty at the Naval Academy, one as professor ethics, Spanish, of ethics and English studies, one as professor of the and drawing

May 21, 1864, s. Spanish language, and one as professor of drawing. 3, v. 13, p. 85.

See note, same sec., Naval Acad. emy. Title 16, chap. 8. SEC. 1556. *

Professors of mathematics Pay.

during the first five years after date of appointment, when July 151870, 8. on duty, two thousand four hundred dollars; on leave, or 3, v, . 331.

waiting orders, one thousand five hundred dollars; during
the second five years after such date, when on duty, two
thousand seven hundred dollars; on leave, or waiting
orders, one thousand eight hundred dollars; during the
third five years after such date, when on duty, three thou-
sand dollars; on leave, or waiting orders, two thousand one
hundred dollars; after fifteen years from such date, when
on duty, three thousand five hundred dollars; on leave, or
waiting orders, two thousand six hundred dollars.

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Jan. 20, 1881, v.

Hereafter no person shall be appointed a professor of Jan. 20, 1881. mathematics in the Navy until he shall have passed a physical examination before a board of naval surgeons, 314

Supp. R. S., p. and a professional examination before a board of professors Qualifications. of mathematics in the Navy, to be convened for that pur-21, p. 317. pose by the Secretary of the Navy, and received a favorable report from said boards. That the proper pay officer of the Navy be, and is hereby, 2, Bay of profes.

Supp. R. S., vol. authorized to pay the professors at the Naval Academy, "Pay of profes whose compensation was affected by the Act making appro sors at Naval

Academy priations for the naval service for the fiscal year ending Mar. 2, 1895, ch. June thirtieth, eighteen hundred and ninety-six, approved 188 28 Stat. L.,

837). March second, eighteen hundred and ninety-five, at the rate of compensation fixed by that Act from July first, eighteen hundred and ninety-six. *

599.

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PROMOTION OR ADVANCEMENT IN THE NAVY.

GENERAL PROVISIONS.

Sec.

Sec. 1407. Promotion of seamen.

1503. No officer to be rejected without 1447. Retirement on not passing both

examination. boards,

1504. Report of recommendation. 1458. Promotion to vacancies by retire. 1505. Failing in examination. ment,

Failing in moral examination. Rule of promotion, line and staff. 1506. Advancement in number. 1493. Physical examination.

1507. Promotion when grade is full. 1494. Physical disqualification by 1508. Officers receiving thanks of Con. wounds.

gress. 1495. Examinations, when, and effect of. 1509. Effect of vote of thanks. 1196. Examination of professional fitness. 1510. Vacancies occasioned by death, etc., 1497. Promotion to rear-admiral in time

of officers thanked. of peace.

1560. Commencement of pay, original 1498. Examining board.

entry. 1499. Powers of.

1561. Commencement of pay of promoted Retriction on examination.

officers. 1500. Officer may be present, etc.

Commencement of pay on promo1501. Record.

tion. 1502. Revision by the President.

1562. Pay in delayed examinations. SEC, 1407. Seamen distinguishing themselves in battle, Title 15, chap. 1. or by extraordinary heroism in the line of their profession, Promotion of may be promoted to forward warrant officers, upon the seamen to war

. recommendation of their commanding officer, approved by May 17, 1861, . the flag-officer and Secretary of the Navy.

And upon such 3,5,13

, p. 79. recommendation they shall receive a gratuity of one hun. Title Seamen in

the Navy." dred dollars and a medal of honor, to be prepared under the direction of the Navy Department.

SEC. 1447. When the case of any officer has been acted Title 15, chap. 3. upon by a board of naval surgeons and an examining board Officers rejected

from . for promotion, as provided in Chapter Four of this Title, 'Apr. 21, 1864, s. and he shall not have been recommended for promotion by 4, v. 13, p. 53. both of the said boards, he shall be placed upon the retired See sec. 1505; list.

also act Aug. 5, SEC. 1458. The next officer in rank shall be promoted to Promotion to the place of a retired officer, according to the established by retirement. rules of the service, and the same rule of promotion shall ,Ang: 3. 1861, 8:

22, v. 12, p291 ; be applied successively to the vacancies consequent upon Dec 21, 1862, 5, 6 the retirement of an officer.

Seo same sec.

note

1882.

v. 12. p. 330. See act following:

Note 1.–The President has power to review the action and finding of a board of naval surgeons constituted under the fourth section of the act of April 21, 1864. Both examinations must precede a promotion, and the finding as to both must be approved by the President. (Op., XII, 347, Dec. 30, 1867, Stanberry.)

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