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SEC. 170. No money shall be paid to any clerk employed

Title 4.

in either Department at an annual salary, as compensation Extra compen for extra services, unless expressly authorized by law.

SEC. 1763. No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law.

sation to clerks prohibited.

June 17, 1844, 8. 1, v. 5, pp. 681, 687; Mar. 3, 1863, s. 3, v. 10, pp. 209, 211; Feb. 28, 1867, res. 30, s. 2, v. 14, p. 569. See same sec., Civil Service, Division II. Title 19.

Double salaries. 18, v. 10, p. 100. Aug. 31, 1852, 8. See June 20,

1874.

July 31, 1894.

No person who holds an office the salary or annual compensation attached to which amounts to the sum of two 28 Stat. L., 162. thousand five hundred dollars shall be appointed to or hold Supp. 2, P. 212. any other office to which compensation is attached unless offices by persons specially heretofore or hereafter specially authorized thereto forbidden. by law;

Holding two receiving $2,500

R.S., secs. 17631765. June 20, 1874, ch. 328, s. 3 1 Supp. R.S., 18. Retired officers

excepted in cer

but this shall not apply to retired officers of the Army or Navy whenever they may be elected to public office or tain cases. whenever the President shall appoint them to office by and with the advice and consent of the Senate.

R. S., secs. 1222,

1223, 1885, Mar.

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

2.

Extra services.
Aug. 26, 1842, 8.

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

Extra allow.

3, v. 5, p. 349

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, s fixed by law or regulations, shall receive any additional Aug. 23, 1842, s. 2 pay, extra allowance, or compensation, in any form what. v. 5, p. 510. ever, for the disbursement of public money, or for any

Note 1.-Asto officers of the Army on the retired list holding other offices, see R. S., sec. 1223, 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 he 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 appropriated for each. Sections 1763, 1764, 1765 do 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 offices. (Op., XVI, 7, May 9, 1878. See also Op., XII, 459, on this subject; also under" Executive Departments," Division III.)

See note 3.

for part of a year's service. Feb. 11, 1846, s.

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 compensation.

Title 34, chap.2. SEC. 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 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.

Title 40.

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

bursements.

15, p. 312. See

Mar. 3,1875.

Mar. 3, 1875.

18, p. 415.

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 compensation to be allowed to any disbursing officer who disburses. moneys 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.

sation to civil

ited.

June 20, 1874, s.

That no civil officer of the Government shall hereafter Extra compen receive any compensation or perquisites, directly or indiofficers prohib. rectly, from the treasury or property of the United States beyond his salary or compensation allowed by law: Pro3. v. 18, p. 85. See vided, That this shall not be construed to prevent the employC.C., XVI, War ment and payment of the Department of Justice of district XV, p. 22. atorneys as now allowed by law for the performance of serv[Extra pay to ices not covered by their salaries or fees.

den's Case, and

enlisted persons.

See under Sea

men.]

Extra pay, Mexican war.

June 16, 1874.

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.

Sec.
Act June 16, 1874.
Act June 30, 1876.
1566. Allowance in

TRAVELING EXPENSES.

Actual expenses.
Mileage.
foreign countries.

Sec.

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

850. Clerks, etc., sent off as witnesses. Traveling expenses of naval cadets.

Only actual traveling expenses shall be allowed to any Traveling ex-person holding employment or appointment under the United States, and all allowances for mileages and trans

penses.

1, v. 18, p. 72. [See

portation in excess of the amount actually paid are hereby, June 16, 1874, 8. declared illegal; and no credit shall be allowed to any of 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 applicable to officers of the Navy so engaged, is hereby repealed: "And the sum of eight cents per mile shall be allowed such officers, while so engaged, in lieu of their actual expenses."

June 30, 1876.]
See note 1.

June 30, 1876.

Mileage to offi cers of the Navy. p. 65.

19,

June 30, 1876, v.

See note 2.
See

Aug. 5,

1862, 22 Stat. L.,

p. 289.

Aug. 5, 1882.

Travel abroad.
Aug. 5, 1882,

Officers of the Navy traveling abroad under orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the 22 Stat. L., p. 285. 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.

*

in foreign coun

SEC. 1566. And an allowance may be made to Title 15, chap. 8. officers traveling in foreign countries under orders, for ex- Allowance to penses of transportation of baggage necessarily incurred. officers traveling And no officer shall be paid mileage, except for travel actu- tries. See note 3. ally performed at his own expense and in obedience to orders.

For expenses and transportation of officers traveling under orders, * * Provided, That no allowance shall be made in the settlement of any account for traveling expenses unless the same be incurred on the order of the Secretary of the Navy, or the allowance be approved by him. *

Mar. 3, 1835, 8. 2,v. 4, p. 757; July 17, 1862, s. 7, v. 12, See Aug. 5, 1882. p. 595; July 15, 1870, s. 4, v. 16, p. 332.

Jan. 18, 1875. 18 Stat. L., 297. Supp., R. S. p. 59. Traveling expenses to be ap*proved by Secretary.

SEC. 850. When any clerk or other officer of the United States is sent away from his place of business as a witness for the Government, his necessary expenses, stated in items 3 and sworn to, in going, returning, and attendance on the court, shall be audited and paid; but no mileage, or other compensation in addition to his salary, shall in any case be allowed.

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 obedience to his orders, the arrival of the ship to which he has been ordered. (Compt. Dec., Vol. III, p. 785.)

Note 4.-The necessary expenses incurred by soldiers as witnesses for the Government allowable under section 850 may be paid by marshals upon 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.)

1875, Mar.3, ch. 133, par. 1, and note, p. 81. 1876, June 30. ch. 159, par. 1, p. 109. 1882, Aug. 5, ch. 391, par. 5, p. 367.

Clerks, etc., sent away as witnesses.

Feb. 26, 1863, s. 'See note 4.

3, v. 10, p. 167.

Title 10.

tical Almanac.

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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 competent for that service. Such officer or professor, when Mar. 3, 1857, 8. so employed, shall be entitled to receive the shore-duty pay of his grade, and no other.

Pay.

3, v. 11, p. 246.

Title 15, chap. 1.

Number.

Aug. 3, 1848, 8. 12, v. 9, p. 272; May 31, 1872, s. 1, v. 17, p. 192. Appointment. Aug. 3, 1848, s. 12, v. 9, p. 272. See Jan.20, 1881. Duties.

Aug. 3, 1848, s. 12, v. 9, p. 272.

Title 15, chap. 4.
Rank.

SEC. 1399. The number of professors of mathematics in the Navy shall not exceed twelve.

SEC. 1400. Professors of mathematics shall be appointed and commissioned by the President of the United States, by and with the advice and consent of the Senate.

SEC. 1401. Professors of mathematics shall perform such duties as may be assigned them by order of the Secretary of the Navy, at the Naval Academy, the Naval Observatory, and on board ships of war, in instructing the midshipmen of the Navy, or otherwise.

SEC. 1480. Professors of mathematics shall have relative rank as follows: Three, the relative rank of captain; four, May 31, 1872, s. that of commander; and five, that of lieutenant-commander 1, v. 17, p. 192. SeeRank and Or lieutenant.

precedence," sec.

1480.

Relative rank

when retired

Mar. 1871, s. 11, v. 16, p. 537.

*

SEC. 1481. *

*

Professors of mathematics

from age or who shall have served faithfully for forty-five years, shall, length of service. when retired, have the relative rank of commodore; and 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 service, have the relative rank of commodore.

Title 15, 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 May 21, 1864, s. Spanish language, and one as professor of drawing.

and drawing.

3, v. 13, p. 85.

See note, same

sec.,

emy.

Naval Acad

Title 15, chap. 8.
Pay.

3, v. 16, p. 331.

SEC. 1556. * ** * Professors of mathematics

during the first five years after date of appointment, when July 15, 1870, s. on duty, two thousand four hundred dollars; on leave, or 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 thousand 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.

Supp. R. S., p.

Hereafter no person shall be appointed a professor of Jan. 20, 1881. mathematics in the Navy until he shall have passed a 21 Stat. L. 317, physical examination before a board of naval surgeons, 314. 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.

Jan. 20, 1881, v.

2, p. 599.

sors at Naval

That the proper pay officer of the Navy be, and is hereby,, 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- Academy. priations for the naval service for the fiscal year ending Mar. 2, 1895, ch. June thirtieth, eighteen hundred and ninety-six, approved 13 (28 Stat. L., March second, eighteen hundred and ninety-five, at the rate of compensation fixed by that Act from July first, eighteen hundred and ninety-six. *

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186 837).

of

Promotion seamen to warMay 17, 1864, 8.

rant officers.

SEC. 1407. Seamen distinguishing themselves in battle, Title 15, chap. 1. 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.

3, v. 13, p. 79.
See same sec.

Title "Seamen in
the Navy."

from promotion.

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 for promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list.

SEC. 1458. The next officer in rank shall be promoted to the place of a retired officer, according to the established rules of the service, and the same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer.

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., XÎI, 347, Dec. 30, 1867, Stanberry.)

4,

Officers rejected
Apr. 21, 1864, s.
v. 13, p.
See sec. 1505;

53.

See note 1.

also act Aug. 5, 1882.

Promotion to vacancies caused

by retirement. Aug. 3, 1861, 8. Dec. 21, 1862, s. 6,

22, v. 12, p. 291;

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

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