Title 10. the torpedo station and the naval war college at Newport, Rhode Island, after said date. Sec. PAY CORPS. (See also ACCOUNTS and DISBURSING OFFICERS, Division III.) 425. Chief Bureau of Provisions and 1385. Bond not affected by new commis- 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. Title changed to Bureau of Supplies and Accounts. Title 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. spectors, forty paymasters, twenty passed assistant pay11, v. 16, p. 334; masters, and ten assistant paymasters. July 15, 1870, s. Mar. 3, 1871, s. 6, v. 16, p. 536; Aug. 5, 1892. Appointments, how made. Mar. 30, 1812, s. SEC. 1378. All appointments in the Pay Corps shall be made by the President, by and with the advice and consent 6, v. 2, p. 699; of the Senate. June 22, 1860, s. 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 of assistant paymasters. SEC. 1379. No person shall be appointed assistant paymaster who is, at the time of such appointment, less than July 17, 1861, 8. 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 regulations as he may prescribe. See sec. 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. The nomination and confirmation do not divest 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; XIII, 44; XIV,344, C. C. V., 97. When a commission has been signed by the President the appointment is complete, and the commission is complete 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 simple 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 nominated 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. regu SEC. 1380. Passed assistant paymasters shall be larly promoted and commissioned from assistant paymasters, and paymasters from passed assistant paymasters; subject to such examinations as may be prescribed by the Secretary of the Navy. SEC. 1381. When the office of paymaster or assistant paymaster becomes vacant, by death or otherwise, in ships at sea, or on foreign stations, or on the Pacific coast of the 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 paymasters in the service, and appoint to every fleet or squadron a paymaster, who shall be denominated "paymaster of the fleet." Order of pro motion. July 17, 1861, May 3, 1866, s. 1, 14, p. 43. s. 5, v. 12, p. 258; v. See Mar. 3, 1883, under Promotion. Acting apships at sea. July 17, 1861, s. 4, v. 12, p. 258. See sec. 1564. Paymasters of the fleet. May 24, 1828, s. 2.4. p. 313; Apr. 21, 1864, 8. 7, v. 13, p. 54. Bonds. Mar. 30, 1812, s. 6, v.2, p. 699; Mar. 1817, s. 1. y. 3, p. 350; June 22,1860, v. 12, p. 258; July SEC.1383. Every paymaster, passed assistant paymaster, and assistant paymaster shall, before entering on the duties of his office, give bond, with two or more sufficient sureties, 1, to be approved by the Secretary of the Navy, for the faith- s. 3, v. 12, p. 83; ful performance thereof. Paymasters shall give bonds in July 17, 1861. 8. 5, the sum of twenty-five thousand dollars, passed assistant 14, 1862, s. 1, v. 12, paymasters in the sum of fifteen thousand dollars, and assistant paymasters in the sum of ten thousand dollars. SEC. 1384. Officers of the Pay Corps shall give new bonds with sufficient sureties, whenever required to do so by the Secretary of the Navy. p. 575; May 3, 1866, s. 2, v. 14, p. 43. 19 A. G. Op., p. 175. New bonds. 4,4.g. 26.1842, 8. v. 5, p. 535. Mar. 2, 1895. 28 Stat. L., 764; 418. P. vol. 2, p. Bonds to be filed with Secre Hereafter all bonds of the Treasurer of the United States, collectors of internal revenue, collectors, naval officers, surveyors, and other officers of the customs, either as such officers or as disbursing officers of the Treasury, bonds of the Secretary of the Senate, Clerk of the House of Repre- tary of the Treas sentatives, 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. Official bonds Hereafter every officer required by law to take and to be examined 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. -to be renewed every four years. Hereafter every officer whose duty it is to take and 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—or oftener. he deem such action necessary. -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 affect ed 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. Sauger, 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 sufliciency. 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 suretics 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 prin cipal 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 as SEC. 1388. Passed assistant paymasters and assistant Clerks of passed paymasters attached to vessels of war shall be allowed sistant paymasclerks, if clerks would be allowed by law to paymasters so ters. attached. Mar. 3, 1863, s. 5, v. 12, p. 818. Loans to offi cers by paymas ters. 6, v. 5, p. 536; SEC. 1389. It shall not be lawful for any paymaster, 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 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. SEC. 1471. The Chief of the Bureau of Supplies and Accounts shall have the relative rank of commodore while holding said position, and shall have the title of paymastergeneral. Aug. 26, 1842, s. officers not to act Rank. Mar. 3, 1871, s. 12, v. 16, p. 537. SEC. 1475. Officers of the Pay Corps on the active list. See of the Navy shall have relative rank as follows: Pay directors, the relative rank of captain. Passed assistant paymasters, the relative rank of lieutenant or master. Title "Rank and precedence," sec. 1475. Lieutenant of the junior grade. Mar. 3, 1871, s. 6, Assistant paymasters, the relative rank of master or v. 16, p. 536. ensign. Pay Corps SEC. 1481. Officers of the 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 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. Mar. 3, 1871, s. 11, v. 16, p. 256. Title 15, chap. 5. the Academy. 8. 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 service, have the relative rank of Commodore. SEC. 1527. The store-keeper at the Naval Academy shall Storekeeper at be detailed from the Paymaster's Corps, and shall have 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 prescribed by the Secretary of the Navy. 156. Pay directors and inspectors. July 15, 1870, 8. Pay directors and pay inspectors, 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 thousand dollars; on leave, or waiting orders, three thousand dollars. 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. Passed assist Assistant paymasters. 3, v. 16, p. 330. * ** Assistant paymasters, during the July 15, 1870, 8. 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, |
