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vessels.

Schools not for

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 as 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 serv.

ice shall require, such vessels shall be immediately restored ponal purposes. to the Secretary of the Navy, and the officers so detailed

June 20, 1874, . 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. June 14, 1879. That the Secretary of the Navy be, and he is hereby,

Vessolo or authorized, in his discretion, at the request of the National hulksforquaran. Board of Health, to place gratuitously, at the disposal of tine purposes.

June 11, 1879,v. the commissioners of quarantine, or the proper authorities 21, p. 50.

at any of the ports of the United States, to be used by them teinporarily 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, 8. person, or has received any material damage affecting her 10, v. 18, . 128 see notes and seaworthiness or her efficiency, the managing owner, agent,

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.”

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Note 3.-The above act is regarded an 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 dainage. 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.)

VOLUNTEER SERVICE.

Sec.

Mar. 2, 1867, 8.

servico.

Sec.
1411. Acting assistant surgeons.

Acting assistant surgeons allow 1412. Credit for volunteer service.

only in case of war. 1559. Pay of volunteer service.

Credit for continuous service. 1600. Credit to marine officers for volun.

teer service. SEC. 1411. The Secretary of the Navy may appoint, for Title 15, chap. 1. temporary service, such acting assistant surgeons as the Acting assistexigencies of the service may require, who shall receive the ant surgeonsa

15, 1870, s. compensation of assistant surgeons.

13, v. 16, p. 334; Mar. 3, 1865, 8. 6, v. 1.3, p. 539. Soo

Feb. 15. 1879. SEC. 1412. Officers who have been, or may be, transferred Credit for vol. from the volunteer service to the Regular Navy shall be ico. credited with the sea service performed by them as volunteer

3, v. 14, p. 516. officers, and shall receive all the benefits of such duty in See Aug.5,1882,

and Mar. 3, 1883. the same manner as if they had been, during such service, in the Regular Navy.

SEC. 1559. When a volunteer naval service is authorized Title 15, chap. 8. by law, the officers therein shall be entitled to receive the Pay volunteer same pay as officers of the same grades, respectively, in the July 16, 1862, 8. Regular Navy.

20, v. 12, p. 587. SEC. 1600. All marine officers shall be credited with the Title 15, chap. 9. length of time they may have been employed as officers or enlisted men in the volunteer service of the United States. rine otticers.

Mar. 2. 1867, s.

3, v. 14, p. 516. 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 assist. . geons for temporary service, as authorized by section four only in time of teen hundred and eleven, Revised Statutes, except in case war. of war.

And all officers of the Navy shall be credited with the Mar. 3, 1883. actual time they may have served as officers or enlisted Credit for serv

ice in volunteer men in the regular or volunteer Army or Navy, or both,

Army or Navy and shall receive all the benefits of such actual service in Aug. 5, 1852, 22

Stat. L., p. 287; all respects in the same manner as if all said service had

1883, 22 been continuous and in the Regular Navy in the lowest Stat..., P. 473.

Credit of time grade having graduated pay held by such officer since last for regular vole entering the service: Provided, That nothing in this clause unteer and other

service. shall be so construed as to authorize any change in the 19 C. Cls., 611,

621; 21 C. Cls., 20, dates of commission or in the relative rank of such officers:

332:22C.C)s., 140; Provided further, That nothing herein contained shall be so 23 C. Cls., 90.181 construed as to give any additional pay to any such officer 138 U.S. 60249;

, 293. during the time of his service in the volunteer army or navy.

Credit to ma

ant

See note 1.

Mar.

Seo noto 2.

Note 1.--An act approred Feb. 15, 1879, v. 20, p. 294, abolished the volunteer Nary of the United States; providing for the transfer of some of them tho Regular Navy. Mates were not considered as coming within its provisions.

Note 2.-Credit for volunteer service under section 1412 of the Revised Statutos "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 reqnired in their respective grades previous to examination for promo. tion, 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

WARRANT OFFICERS.

Sec.
1405. Number and appointment of.
1406. Title.
1407. Promotion of geamen to warrant

officerg.
1409. Not to discharge from enlistment.
1416. Gunners as keepers of magazines.

Sec.
1417. Preference to enlisted boys.
1438. As naval storekeepers.
1439. Bonds as storekeepers.
1491. Rank.
1556. Pay.

See retirement

tirement."

Promotion of seamen to war rant officers.

17, s

Title 15, chap. 1. 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, s.

SEC. 1406. Boatswains, gunners, carpenters, and sail2, v. 13, p. 373. makers 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 “Ro- United States."

SEC. 1407. Seamen distinguishing themselves in battle,

or by extraordinary heroism in the line of their profession, May 13 74864, 9. may be promoted to forward warrant officers, upon the 3, , p. 79.

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. Rating not to discbarge.

SEC. 1409. The rating of an enlisted man as a mate, or May 17, 1864,8 bis appointment as a warrant officer, shall not discharge 3, 1379; Mar. 3, 1865, s. 3,

him from his enlistment. v. 13, p. 539.

Gunners as keepers of mag.

SEC. 1416. The Secretary of the Navy is authorized, when azines. in his opinion the public interest will permit it, to discon

Aug.10, 1846, 8. 1, v. 9, p. 98. tinue 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. Preference in SEC, 1417. * * * In the appointment of warrant appointment to be given to ap- officers in the naval service of the United States, preference prentices, etc.

shall be given to men who have been honorably discharged May 12, 1879, v. 21, p. 3. 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.

*

*

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See note 1.

transferred to the Regnular Navy is not entitled to hold a commission dated as of the date of his volunteer commission, but be must take his place upon the Register accord. ing 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.)

Toentitle an ofhcer to credit for sea service, under the act of March 2, 1867, he must have been in the volunteer Nary at the time of his appointment to the Regular Navy. Where he ceased to be an otticer 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 i.-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."

.

Bonds of.

8. 1, v. 13, . 373 ;

SEC. 1438. The Secretary of the Navy shall order a suit. Title 15, chap. 2. able commissioned or warrant officer of the Navy, except Acting as store. in the case provided in section fourteen hundred and four. keepers,

June 17, 1844, teen, to take charge of the naval stores for foreign squad- s. 1, v. 5, p. 700;

Mar. 3, 1847, 8. 3, rons at each of the foreign stations where such stores may v.9, p. 172. be deposited, and where a store-keeper may be necessary. See sec. 1414

under

storekeepers, SEC. 1439. Every officer so acting as store-keeper on a

June 17, 1844, foreign station shall be required to give a bond, in such 9.1, v.5, p. 700. amount as may be fixed by the Secretary of the Navy, for the faithful performance of his duty.

SEC. 1491. The President may, if he shall deem it con- Title 16, chap. 4. ducive to the interests of the service, give assimilated rank Rank. to boatswains, gunners, carpenters, and sailmakers, as fol- July 22, 1864 lows: After five years' service, to rank with ensigns, and Mar. 3.-1883, P. E.

. after ten years' service to rank with lieutenants of the junior grade.

SEC. 1556. * * Boatswains, gunners, carpenters, and Title 15, chap. 8. sail-makers, during the first three years after date of ap- Pay.

July 15, 1870, s. pointment, when at sea, one thousand two hundred dollars; 3, v. 18, p. 332. on shore duty, nine hundred dollars; on leave, or waiting orders, seven hundred dollars; during the second three years after such date, wben at sea, one thousand three hundred dollars; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars; on shore 'duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars.

DIVISION II.

MARINE CORPS.

ORGANIZATION, ETC.

Sec.
1135. Camp. equipage of detachments

serving with the Army.
1143. Rations to detachments serving

with Army.
1342. Art. of War 78. Association with

Army on courtsmartial.
1342. Art. of War 122. Command when

different corps join.
1421. Transfer of enlisted men from

Army.
1596. Number of.
1597. What commissions and promotions

not affected by number tixed.
1598. Stati.
1599. Qualifications for appointment.
1600. Credit for volunteer service.
1601. Rank of commandant.
1602. Staff rank.
1603. Relative rank with the Army

Judge. Advocate-General.

Sec.
1604. Brevets. [1209-11-12-64, Army.)
1005. Advancement in number.
1606. Promotion when grade is full.
1607. Promotion for gallantry.
1608. Enlistments.
1609. (ath.
1342. Art. 2. Oath.
1610. Exemption from arrest.
1611. Companies and detachments.
1616. Services on armed vegsels.
1617. Marine officers not to command

navy-yards or ressels.
1618. Marines substituted for landsmen.
1619. Duty on shore.
1620. Regulations.
1621. Subject to laws governing the Navy,

except when serving with the

Army.

Act Jan. 28, 1893, Post-traders. 1624. Desertion by resignation.

detachments.

Rations to de. tachments with

Title 14, chap. 1. SEC. 1135. The officers of the Quartermaster's DepartSupplies to

ment shall, upon the requisition of the naval or marine navaland marino officer commanding any detachment of seamen or marines

Dec.15, 1814, ss. under orders to act on shore, in co-operation with land 1,2, v.3, p. 151.

troops, and during the time such detachment is so acting or proceeding to act, furnish the officers and seamen with camp equipage, together with transportation for said officers, seamen, and marines, their baggage, provisions, and cannon, and shall furnish the naval officer commanding any such detachment, and his necessary aids, with horses, accouterments, and forage.

SEC. 1143. The officers of the Subsistence Department the Army:

shall, upon the requisition of the naval or marine officer Dec. 15, 1814, 8.

commanding any detachment of seamen or marines under 1, v.3, p. 151.

orders to act on shore, in co-operation with the land troops and during the time such detachment is so acting or proceeding to act, furnish rations to the officers, seamen, and

marines of the same. Title 14, chap. 5. SEC. 1342. ART. of WAR 78. Officers of the Marine

Marino and Corps, detached for service with the Army by order of the Regular Arny President, may be associated with officers of the Regular ated on courts. - Army on courts-martial for the trial of offenders belonging

June 30; 118:34, to the Regular Army, or to forces of the Marine Corps so 8. 2, v. 4, p. 713.

detached; and in such cases the orders of the senior officer of either corps, who may be present and duly authorized,

shall be obeyed. Command when SEC. 1342. ART. of War 122. If, upon marches, guards, happen to join. or in quarters, different corps of the Army happen to join

Mar. 3, 1863...: or do duty together, the officer highest in rank of the line 27, p. ; Mar. 3, 1863, s. 25, of the Army, Marine Corps, or Militia, by commission, there

on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.

associ.

different corps

V. 12, p. 754.

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