vessels. 1541. from bidders. Sale of such vessels, he shall, after such appraisal, advertise for sealed R. S., secs. 1540, proposals for the purchase of the same, for a period not less than three months, in such newspapers as other naval advertisements are published, setting forth the name and location and the appraised value of such vessel, and that the same will be sold, for cash, to the person or persons or corporation or corporations offering the highest price therefor above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place named in said advertisement, and record thereof shall be made. The Requirements Secretary of the Navy shall require to accompany each bid or proposal a deposit in cash of not less than ten per centum of the amount of the offer or proposal, and also a bond, with two or more sureties to be approved by him, conditioned for the payment of the remaining ninety per centum of the amount of such offer or proposal within the time fixed in the advertisement. And in case default is made in the payment of the remaining ninety per centum, or any part thereof, the Secretary, within the prescribed time thereof, -to be resold in shall advertise and resell said vessel under the provisions of this act. And in that event said cash deposit of ten per -deposit to be centum shall be considered as forfeited to the Government, and shall be applied, first, to the payment of all costs and expenditures attending the advertisement and resale of said vessel; second, to the payment of the difference, if any, between the first and last sale of said vessel; and the balwithout preju ance, if any, shall be covered into the Treasury: Provided, however, That nothing herein contained shall be construed to prevent a suit upon said bond for breach of any of its conditions. Any vessel sold under the foregoing provisions When to be de- shall be delivered to the purchaser upon the full payment to the Secretary of the Navy of the amount of such proposal or offer; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall hereafter be sold in any other manner than herein provided, or for less than such appraised value, unless the President of the United States shall otherwise direct Removal of con- in writing. [In case any vessel now in process of construcMar. 3, 1883, s. tion in any navy-yard has been or shall be found to be 522 Stat. L., P. unworthy of being completed, and has been and shall be default, etc. forfeited, etc. dice to suit. livered to purchaser, demned vessels. 600. Restriction on repair of wooden vessels. Mar. 3, 1883, 22 ations act.] condemned under the provisions of said act, and cannot properly be sold, and it becomes necessary to remove the same, the cost of such removal shall be paid out of the net proceeds derived from the sale of other vessels hereby authorized to be sold.] That no part of this sum [appropriation for preservation of vessels, etc.] shall be applied to the repairs of any wooden Stat. L., 476 ship when the estimated cost of such repairs, to be appraised [Naval appropri- by a competent board of naval officers, shall exceed twenty per centum of the estimated cost, appraised in like manner, of a new ship of the same size and like material: Provided further, That nothing herein contained shall deprive the Secretary of the Navy of the authority to order repairs of ships damaged in foreign waters or on the high seas, so far as may be necessary to bring them home. repairs of en Stat. L., p. 477. That no part of said sum [appropriation for repairs of Restriction on machinery, etc. shall be applied to the repair of engines gines, etc. and machinery of wooden ships where the estimated costs Mar. 3, 1883, 22 of such repair shall exceed ten per centum of the estimated cost of new engines and machinery of the same character and power, but nothing herein contained shall prevent the repair or building of boilers for wooden ships, the hulls of which can be fully repaired for ten per centum of the estimated cost of a new ship of the same size and material. SEC. 1552. The Secretary of the Navy may establish, at such places as he may deem necessary, suitable depots of coal, and other fuel, for the supply of steamships of war. SEC. 4293. The President is authorized to employ so many of the public armed vessels as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant-vessels of the United States and their crews from piratical aggressions and depredations. SEC. 4686. The President is authorized, for any of the purposes of surveying the coast of the United States, to cause to be employed such of the public vessels in actual service as he deems it expedient to employ, and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title. Title 15, chap. 7. Aug. 31, 1842, s. 7, v. 5, p. 577. Title 48, chap. 8. to suppress pi Division IV. 1,v. 3, p. 510; Jan. 30, 1823, v. 3, p. 721. See also act of Aug. 6, 1894, amending sec. 5365 and 5366, Title Merchant Vessels, defining crimes at sea. Title 56. Power to emFeb. 10, 1807, s. ploy vessels. 3.v.2, p.414; Apr. 14, 1818, s. 1, v. 3, p.425. See note 2. See Coast Snrvey, Division IV. June 20, 1874. 18 Stat. L., 121. Supp. R. S., p. the Navy may schools. The Secretary of the Navy, to promote nautical education, is hereby authorized and empowered to furnish, upon the application in writing of the Governor of the State, a suitable vessel of the Navy, with all her apparel, charts, Secretary of books, and instruments of navigation, provided the same furnish vessels can be spared without detriment to the naval service, to for marine be used for the benefit of any nautical school, or school or See Naval college having a nautical branch, established at each or any Academy, Diviof the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, San Francisco, Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Rouge, Galveston, and in Nar ragansett Bay, upon the condition that there shall be main- Condition. tained, at such port, a school or branch of a school for the Note 2.-In naval “parlance," "cruise" means the whole period between the time when a vessel goes to sea and when she returns to the place where her crew is paid off and she is put out of commission. (Op., IX, 375, July 27, 1859, Black.) Government vessels are not required to employ and pay branch pilots upon entering the ports and harbors of the United States. The exemption extends to all public vessels, whether armed or not. (Op., IV, 532, Sept. 9, 1846, Mason.) The penalties imposed by State laws for piloting vessels without due license from the State have no application to persons employed as pilots on board public vessels of the United States, the latter vessels being within the exclusive jurisdiction of the United States. (Op., XVI, 647, Oct. 22, 1879.) The term "public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States and those used by them for public purposes. Those laws war rant no distinction between public vessels under the control of the Navy Department and public vessels under the control of any other Department of the Government. Unlicensed pilots and engineers can be lawfully employed on them. (Op., XIII, p. 249, Hoar, June 1, 1870.) sion 1. may be detailed as instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any particular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be Officers of Navy done without detriment to the public service, to detail instructors, proper officers of the Navy as superintendents of, or inetc., for nautical structors in, such schools: Provided, That if any such Restoration of School shall be discontinued, or the good of the naval servSchools not for ice shall require, such vessels shall be immediately restored penal purposes. to the Secretary of the Navy, and the officers so detailed 18, p. 121; Mar. 3, recalled: And provided further, That no person shall be 1881, v. 21, p. 505. sentenced to, or received at, such schools as a punishment or commutation of punishment for crime. schools. vessels. June 20, 1874, v. June 14, 1879. tine purposes. 21, p. 50. That the Secretary of the Navy be, and he is hereby, authorized, in his discretion, at the request of the National hulks for quaran Board of Health, to place gratuitously, at the disposal of June 14, 1879, v. the commissioners of quarantine, or the proper authorities at any of the ports of the United States, to be used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required. for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preservation thereof. June 20, 1874. * "whenever any vessel of the United States has Report of acci- sustained or caused any accident involving the loss of life, dents, etc., to the material loss of property, or any serious injury to any June 20, 1874, s. person, or has received any material damage affecting her See notes and seaworthiness or her efficiency, the managing owner, agent, vessels. 10, v. 18, p. 128. 4. or master of such vessel, shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars." Note 3.-The above act is regarded as applying to vessels of the Navy, and a report should be made as indicated, in case of loss or accident, to the collector, from whom the necessary blanks can be procured. Note 4.-Where the fault is wholly on one side, the party in fault must bear his own loss, and compensate the other party, if such party have sustained any damage. If neither be in fault, neither is entitled to compensation from the other. If both are in fault, the damages will be divided. (Otto, S. C., 102, p. 203.) Acting assistant surgeons. SEC. 1411. The Secretary of the Navy may appoint, for Title 15, chap. 1. temporary service, such acting assistant surgeons as the exigencies of the service may require, who shall receive the compensation of assistant surgeons. July 15, 1870, s. 13, v. 16, p. 334; Mar. 3, 1865, s. 6, v. 13, p. 539. Feb. 15. 1879. See unteer sea serv ice. SEC. 1412. Officers who have been, or may be, transferred Credit for volfrom the volunteer service to the Regular Navy shall be credited with the sea service performed by them as volunteer officers, and shall receive all the benefits of such duty in the same manner as if they had been, during such service, in the Regular Navy. Mar. 2, 1867, s. 3, v. 14, p. 516. See Aug.5,1882, and Mar. 3, 1883. SEC. 1559. When a volunteer naval service is authorized Title 15, chap. 8. by law, the officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy. Pay volunteer service. 20, v. 12, p. 587. Title 15, chap. 9. SEC. 1600. All marine officers shall be credited with the length of time they may have been employed as officers or enlisted men in the volunteer service of the United States. rine officers. Credit to ma Mar. 2. 1867, s. 3, v. 14, p. 516. surgeons That from and after the passage of this act, the Secre- Feb. 15, 1879. tary of the Navy shall not appoint acting assistant sur Acting assistgeons for temporary service, as authorized by section four-only in time of teen hundred and eleven, Revised Statutes, except in case war. of war. See note 1. Mar. 3, 1883. ice in volunteer Aug. 5, 1882, 22 Stat. L., p. 287; Credit of time And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had Mar. 3, 1883, 22 been continuous and in the Regular Navy in the lowest Stat. L., p. 473. grade having graduated pay held by such officer since last for regular volentering the service: Provided, That nothing in this clause unteer and other shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officers: Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer army or navy. Note 1.-An act approved Feb. 15, 1879, v. 20, p. 294, abolished the volunteer Navy of the United States; providing for the transfer of some of them to the Regular Navy. Mates were not considered as coming within its provisions. Note 2.-Credit for volunteer service under section 1412 of the Revised Statutes "as an acting third assistant engineer, is of no benefit to the officer, so far as regards promotion to, or pay in, the grade of passed assistant engineer in the Regular Navy;" can not be used to make up the period of sea service required for promotion from the grade of second or assistant engineer to that of first or passed assistant. (Op., June, 1882. Webster's Case.) This provision (sec. 1412) was designed to give the transferred officers the free benefit of their former sea service, in so far as it might go to complete the period of such service required in their respective grades previous to examination for promotion, and in so far as it ought properly to be taken into account in the matter of assignment to duty, and it confers no advantages beyond these. A volunteer officer service. 19 C. Cls., 611, 621; 21 C. Cls., 20, 332;22 C.Cls., 140; 23 C. Cls., 90, 181; 138 U. S., 293. See note 2. 120 U. S., 60, 249; Title 15, chap. 1. Sec. WARRANT OFFICERS. 1405. Number and appointment of. 1407. Promotion of seamen to warrant 1409. Not to discharge from enlistment. Sec. 1417. Preference to enlisted boys. SEC. 1405. The President may appoint for the vessels in Number and actual service, as many boatswains, gunners, sailmakers, appointment of and carpenters as may, in his opinion, be necessary and Apr. 21, 1806, s. 3, v. 2, p. 390; proper. Aug. 4, 1842, s. 1, v. 5, p. 500; Mar. 3, 1847, s. 1, v.9, p. 172. Title. July 2, 1864, 8. 2, v. 13, p. 373. SEC. 1406. Boatswains, gunners, carpenters, and sailmakers shall be known and shall be entered upon the Naval of warrant offi- Register as "warrant officers in the naval service of the cers, Title "Re- United States." tirement. Promotion of seamen to warrant officers. May 17, 1864, s. 3, v. 13, p. 79. Rating not to discharge. SEC. 1407. Seamen distinguishing themselves in battle, 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. SEC. 1409. The rating of an enlisted man as a mate, or May 17, 1864, 8. his appointment as a warrant officer, shall not discharge 3. v. 13, P. 79 him from his enlistment. Mar. 3, 1865, s. 3, v. 13, p. 539. Gunners as keepers of magazines. Aug.10. 1846, s. 1, v. 9, p. 98. Preference in appointment to prentices, etc. May 12, 1879, v. 21, p. 3. SEC. 1416. The Secretary of the Navy is authorized, when in his opinion the public interest will permit it, to discontinue the office or employment of * * * the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gunners. SEC. 1417. * In the appointment of warrant be given to ap- Officers in the naval service of the United States, preference shall be given to men who have been honorably discharged upon the expiration of an enlistment as an apprentice or boy, to serve during minority, and re-enlisted within three months after such discharge, to serve during a term of three or more years: Provided further, That nothing in this act shall be held to abrogate the provisions of section fourteen hundred and seven of the Revised Statutes of the United States. See note 1. transferred to the Regular Navy is not entitled to hold a commission dated as of the date of his volunteer commission, but he must take his place upon the Register according to the rank given him by his commission as an officer of the Regular Navy. (Op., XIV, 191, 358, and Aug. 11, 1881; Gen. Order 275.) To entitle an officer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Navy at the time of his appointment to the Regular Navy. Where he ceased to be an officer in the volunteer Navy prior to such appointment, however brief the interval, he does not come within the provisions referred to. (Op., XIV, 142, Nov. 20, 1872. Gray's Case.) The act of March 3, 1883, supra, is to be considered in connection with the foregoing opinions which were rendered prior to its passage. Note 1.-See act August 1, 1894, extending provisions of law relating to retirement of warrant officers to officers now serving as mates in Navy, Title "Mates." |