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the torpedo station and the naval war college at Newport,
Rhode Island, after said date.

PAY CORPS.

.

(See also ACCOUNTS and DISBURSING OFFICERS, Division III.)
Sec.

I Sec.
425. Chief Bureau of Provisions and 1386. Clerks, when allowed.
Clothing.

1387. Clerks, when not allowed.
1376. Pay Corps, number of.

1388. Clerks of passed assistant and as. 1378. Appointments, how made.

sistant paymasters. 1379. Qualitications of assistant pay

1389. Loans to officers by paymasters. masters.

1432. Commanding officers not required 1380. Order of promotion.

to act as paymasters. 1381. Acting appointments on ships at 1471. Rank Paymaster-General. sea.

1475. Rank generally: 1382. Paymaster of the fleet.

1481. Rank of retired officers. 1383. Bonds.

1527. Storekeeper at Naval Academy.
1384. New bondy.

1556. Pay.
1385. Bond not affected by new commis. 1564. Vacancies occurring at sea.

sion.
Title 10. SEC. 425. The Chief of the Bureau of Provisions and
July 5, 1862, s. Clothing shall be appointed from the list of paymasters of
1, v. 12, p. 510. the Navy of not less than ten years' standing.

See secs. 1471 and 1481. Titlo changed to Bu. reau of Supplies and Accounts. Titlo 15, chap. 1.

SEC. 1376. The active list of the Pay Corps of the Navy Pay Corps,

shall consist of thirteen pay directors, thirteen pay innumber of.

July 18, 1870, s. spectors, forty paymasters, twenty passed assistant pay- . 11, v. 16, p. 331; masters, and ten assistant paymasters. Mar. 3, 1871, s. 6, v. 16, p. 536; Aug. 5, 1892.

Appointments, SEC. 1378. All appointments in the Pay Corps shall be how made.

Mar. 30, 1812, s. made by the President, by and with the advice and consent 6, v. 2, p. 699; of the Senate. June 22, 1860, 8. 3, v. 12, p. 83; July 17, 1861, s. 1, v. 12, p. 258; May 3, 1866; s. 1, v. 14, p. 43. See note 1.

Qualifications SEC, 1379. No person shall be appointed assistant pay. of assistant pay.

master who is, at the time of such appointment, less than July 17,1861, s. twenty-one or more than twenty-six years of age; nor until 2, v. 12, p. 258.

his physical, mental, and moral qualifications have been
examined and approved by a board of paymasters appointed
by the Secretary of the Navy, and according to such regu-
lations as he may prescribe.

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masters.

Seo 800. 1378. Note 1.-Appointments to office can be made only by the Executive branch of the

Government in the manner provided by the Constitution (Art. II, § 2), and not by

Congressional enactment.-C.C., XV, 151, Wood's case.
See Medical It is necessary that the President should nominate, the Senate advise and consent,
Corps and Naval and that, in pursuance of such nomination and confirmation the appointment should
Constructions, actually be made. Tho nomination and contirmation do not livest the President of
Division I. the power to withhold the appointment.-Op. IV, 31, 218. The appointment of a

commissioned officer is not perfected, and is entirely within the power of the Presi.
dent until the commission is issued.-Op. IX, 297; III, 44; XIV,344, C.C. V., 97.

Whon a commission has been signed by the President the appointment is com-
plete, and the commission is completo when the seal of the United States has been

affixed.-1 Cranch, Curtis' edition, 377, Marbury's case. See also under The Senate can not originate an appointment; its constitutional action is confined Civil Service, Di- to a simplo affirmation or rejection of the nomination, and it fails when they disavision III. gree. May suggest limitations or conditions, but can not vary the nomination. No

appointment can be made except on the President's nomination agreed to without qualification or alteration.-Op., III, 189.

When a person appointed to an office refuses to accept the same, the successor is nominated in the place of the person who has declined, and not in place of the person who had been previously in office.—1 Cranch, Curtis' edition, 377.

Where an officer was of lawful age when noininated but was over age when confirmed, his commission can be issued to him. The Senate could have arrested it.Op. X, 308, Bates, July 1, 1862.

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Order of promotion.

v12, p. 258;

See Mar. 3, 1883, under Promotion.

pointments

See sec. 1564.

66

p. 54.

Mar. 30, 1812, s.

p. 175.

New bonds.

SEC. 1380. Passed assistant paymasters shall be regularly promoted and commissioned from assistant paymas- July 17, 1861, ters, and paymasters from passed assistant paymasters; May 3, 1968, s. 1, subject to such examinations as may be prescribed by the v. 14, p. 43. Secretary of the Navy.

SEC. 1381. When the office of paymaster or assistant pay. Acting ap: master becomes vacant, by death or otherwise, in ships at ships at sea. sea, or on foreign stations, or on the Pacific coast of the July 17, 1861, s.

4, v. 12, p. 258. United States, the senior officer present may make an acting appointment of any fit person, who shall perform the duties thereof until another paymaster or assistant paymaster shall report for duty, and shall be entitled to receive the pay of such grade while so acting.

SEC. 1382. The President may designate among the pay. Paymasters of masters in the service, and appoint to every fleet or squad- May 24, 1828, s. ron a paymaster, who shall be denominated paymaster of 2.7801.313.; A. PT.

, 1864, , v13, the fleet."

SEC. 1383. Every paymaster, passed assistant paymaster, Bonds. and assistant paymaster shall, before entering on the duties 6, v.2, p. 699; Mar. of his office, give bond, with two or more sufficient sureties, 351817,0...13

;June 22, 1860, to be approved by the Secretary of the Navy, for the faith-8.3, v. 12. p. 83 ful performance thereof. Paymasters shall give bonds in July 17,1861, ...,

8.5

v. 12, p. 258; July the sum of twenty-five thousand dollars, passed assistant 14, 1862, s. 1, v. 13,

p. 575 ; paymasters in the sum of fifteen thousand dollars, and as-1'866, s. 2, v. 14, p. sistant paymasters in the sum of ten thousand dollars. 43. 19 A.G. Op.,

SEC. 1384. Officers of the Pay Corps shall give new bonds with sufficient sureties, whenever required to do so by the 4, 4.5, 26;18:42, 8.

, p. 535. Secretary of the Navy.

Hereafter all bonds of the Treasurer of the United States, Mar. 2, 1896. collectors of internal revenue, collectors, naval officers, surveyors, and other officers of the customs, either as such 91! P. vol. 2, P. officers or as disbursing officers of the Treasury, bonds of Bonds to be the Secretary of the Senate, Clerk of the House of Repre- tary of the Treassentatives, and the Sergeant-at-Arms of the House of Rep. ury resentatives, and all such bonds now on file in the office of the Comptroller of the Treasury, shall be transmitted to the Secretary of the Treasury and filed as he may direct; and the duties now required by law of the Comptroller of the Treasury in regard to such bonds, as the successor of the (15) Commissioner of Customs and First Comptroller of the Treasury, shall hereafter be performed by the Secretary of the Treasury

Hereafter every officer required by law to take and approve official bonds shall cause the same to be examined every two years. at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. Hereafter every officer whose duty it is to take and --to be renewed

every four years. approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary.

28 Stat. L., 764;

418.

filed with

Official bonds to be examined

-or oftener.

-renewal waiv. ed, when.

affected.

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: Liability not 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 ary 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.

SEC. 1385. The issuing of a new appointment and comed by a new com

mission to any officer of the Pay Corps shall not affect or 6, v. 16, p. 536. annul any existing bond, but the same shall remain in

force, and apply to such new appointment and commission.

- to continue on

, sor.

Bond not affect.

mission.

Mar. 3, 1871, S.

See note 2.

Note 2.-An appointment by the President to the end of the next session of Con. gress is not continued by a new appointment and commission by and with the advice and consent of the Senate, The latter is a distinct appointinent, 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; Unitod Statos 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 Supremo Court has repeatedly decided that the suretion of a bonded officer are only responsible for the faithful performance of liis 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 subseqnent law, provided that the new duties have rolation 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 (p., XIV, p. 7, and 19 Howard p. 73, as to when bonds go into effect.) Under séc. 1560, R. S., the pay of a bonded officer of the Navy commences on the day of the approval by the proper anthority 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 roid 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 sun 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 dato even with or prior to that of the affidavits of sureties and the certificate as to their sufficiency.

Soals of water 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 suretics must be certified to buy a judge or clerk of a United
States court or by a United States attorney, preferably for tho district in which such
suretieg reside.

Pay officers will be careful to avoid orasures or alterations in any portion of tho bond. The form should be neatly filled and the signatures logibly written.

INDIVIDUAL SURETIES.

A bond on which the sureties are individuals must be signed by not less than two enreties, one of whom, at least, must quality 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 suretics, the second must also quality in like amount; or in lieu of a second surety for the whole amount, two or inore 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 who is single, married, or a widow, and if married or a widow an additional certiticate 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 wifo of the prin. cipal will not be accepted as surety.

CORPORATIONS AS SURETIES. Under the provisions of the act approved Angust 13, 1894, entitled "An act rela. tive to recognizances, stipulations, bonds, and undertakings, and to allow certain corporations to be accepted as surety thereon," a surety or guaranty company, duly certitied 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 accepteu as sole surety on a boud. 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 anthen, ticated 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 certitied 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.

allowed.

SEC. 1386. Paymasters of the fleet, paymasters on vessels Clorks, when having complements of more than one hundred and seventy. July 14, 1862, s. five persons, on supply-steamers, store-vessels, and receiv- v 12 P: 565,

May 26, 1864, v. ing-ships, paymasters at stations and at the Naval Academy, 13, p. 92. and paymasters detailed at stations as inspectors of provi. sions and clothing, shall each be allowed a clerk. SEC. 1387. No aymaster shall be allowed a clerk in a ves- Clerks, when

. sel having the complement of one hundred and seventy-five not allowed persons or less, excepting in supply.steamers and store. 13, 1.12. vessels.

SEC. 1388. Passed assistant paymasters and assistant Clerksof passed paymasters attached to vessels of war shall be allowed assistant and as: clerks, if clerks would be allowed by law to paymasters so terra attached.

5, v. 12, p. 818. SEC. 1389. It shall not be lawful for any paymaster, Loans to offi

cers by paymas. passed 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 pri- June 22, 1800, 8. 3, vate, or any credit, or any article or commodity whatever. v. 12, p. 83.

SEC. 1432. No commanding officer of any vessel of the Title 15, chap. 2. Navy shall be required to perform the duties of a paymaster, Commanding passed assistant paymaster, or assistant paymaster.

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Mar. 3, 1863, s.

ters.

Aug. 26, 1842, s. 6, v. 5, p. 536;

ollicers not to act as paymasters.

July 17, 1861, s. 4, v. 12, p. 258.

Rank.
Mar. 3, 1871, s.

Title

1475.

SEC. 1471. The Chief of the Bureau of Supplies and Ac- Title 15, chap. 4. counts shall have the relative rank of commodore while holding said position, and shall have the title of paymaster

12, v. 16, p. 537. general. SEC. 1475. Officers of the Pay Corps on the active list ..

"Rank and pre. of the Navy shall have relative rank as follows:

cedence," sec. Pay directors, the relative rank of captain. Pay inspectors, the relative rank of commander.

Paymasters, the relative rank of lieutenant-commander or lieutenant. Passed assistant paymasters, the relative rank of lieuten

the junior grade. ant or master.

Mar. 3, 1871, 8. 6, Assistant paymasters, the relative rank of master or v. 16, p. 536. ensign. SEC. 1481. Officers of the

Pay Corps

11, v. 16, p. 256. who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of Commodore; *

Lieutenant of

Mar. 3, 1871, 8. , 1867, s.

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 i hereon is required to submit quarterly statements of its financial condi tion 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.

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paymasters.

156.

Pay directors

*

and who have been or who 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 sery-

ice, have the relative rank of Commodore.
Title 16, chap. 5. SEC. 1527. The store-keeper at the Naval Academy shall

Storekeeper at be detailed from the Paymaster's Corps, and shall have the Academy

Mar. 2017. authority, with the approval of the Secretary of the Navy, 4. V. 14, p. 516; to procure clothing and other necessaries for the naval Aug. 5, 1882.

cadets in the same manner as supplies are furnished to the
Navy, to be issued under such regulation as may be pre-

scribed by the Secretary of the Navy. Title 16, chap. 8. SEC. 1556.

Fleet paymasters,

four Pay of fleet thousand four hundred dollars.

July 15, 1870, s. 3, v. 16, p. 330. 18 A.G.Op., p.

Pay directors and pay inspectors, and inspectors. July 15, 1870, 8.

when on duty at sea, four thousand four hundred dollars. 3, v. 16, p. 331; When not at sea, the same as

paymasters. Mar. 3, 1871, ss. 5, 6, v. 16, pp. 535, 536; Mar. 3, 1873, 8.1, v. 17, p. 555. 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 dol. lars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand

dollars. Passed assist. Passed assistant paymasters,

during ant paymasters. the first five years after date of appointment, when at sea,

two thousand dollars; on shore duty, one thousand eight
hundred dollars; on leave, or waiting orders, one thousand
five hundred dollars; after five years from such date, when
at sea, two thousand two hundred dollars; on shore duty,
two thousand dollars; on leave, or waiting orders, one
thousand seven hundred dollars.
Assistant paymasters,

during the July 15, 1870, s. first five years after date of appointment, when at sea, one 3, v. 16, p. 330.

thousand seven hundred dollars; on shore duty, one thou-
sand 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,

*

*

*

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Assistant pay. masters.

8.

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