Page:United States Statutes at Large Volume 11.djvu/174

 154 THIRTY-FOURTH CON GRESS. Sess. IH. Ch. 12. 1857. furlough pay; and the finding of the court shall, in aH cases, be submitted to the President of the United States, and, if approved by him, in the case Rt,tt,t,tt0,, of of a dropped officer, where restoration has been recommended, such cmccy omcers. may be nominated by the President to the Senate for restoration to the service, according to the finding of the court as approved by him; and in the case of a retired officer, the finding of the court, when approved by the President, shall be conclusive; and such officer shall be restored to the active list, to occupy that position and rank in the navy which he would have occupied had he not been retired under the action of the late naval board; or he shall remain upon the retired list on leave of absence or furlough pay, according to the Ending of the court, as approved by the President: Provided, That the officers so restored or placed on the reserved list, shall be appointed to their places, respectively, by the President, by and with the advice and consent of the Senate. Sec. 2. And be it further enacted, That the operation of the present N¤mb<>¤‘ Of °fH· law limiting the number of officers of the navy shall be suspended so far be m` as to authorize the restoration, within one year from the passage of this act, by the President, by and with the advice and consent of the Senate, of officers reserved or dropped under the operation of the act of the twenty- 1855, ch- 127- eighth of February, eighteen hundred and fifty-five, entitled “An act to Prcvisc as to promote the efficiency of the navy:" Provided, That there shall be no md“°*“g 11***** af further promotions or appointments in any grade, after said restorations igiinbet onshall have been made thereto, until such grade in the active service shall be reduced to the limit now prescribed by law. That when any such officcr shall be restored to the navy, by and with the advice and consent H*¤k°ff¢S*°¤‘¢d of the Senate, the officcr so restored shall occupy that position and rank °m°m in the navy which he would have held had he not been retired, furloughed, or dropped, by the order of the President, on the report of the naval _D¤‘<>P1>¤d 05- board: Provided, further, That any dropped officer who may be, in the gE;8dII;‘;Ythei.B_ opinion of said court, entitled to be placed on the retired or furloughed tired or furlough list, may be thus placed by the President, by and with the advice and 1***- consent of the Senate. St0?$°°i'*‘Q;x: Sec. 3. And be it further enacted That officers who were dropped, one years pay. as aforesaid, and who shall not be restored to the naval service within one year from the passage hereof, shall be entitled to receive one year’s duty pay of their grades, respectively; and the President shall be, and he is th;P*'?3:§;°}€*°*; hereby, authorized, with the advice and consent of the Senate, to transfer tht, ,t,st,t,,t,§ ust_ any officer from the furlough to the reserved pay list, and that so much Vol. x. p. 616. of the act of February twenty-eighth, eighteen hundred and fifty-tive, cm§°¤:Q?glB°*l; entitled "An act to promote the efficiency of the navy," as renders ,,tt,,,,t,t_tt,t,_ resexseg officers ineligible to promotion, be and the same is hereby repe e. on}; x Sec. 4. And be it further enacted, That reserved officers may be pro- ,t,t.,,t,tHt,t_ moted on the reserved list, by and with the advice and consent of the Their pay and Senate, but no such promotion shall entitle them to any pay beyond that "““k‘ to which they were entitled when so reserved, nor shall they, by such promotion, take any higher rank than they would have taken had they been retained in the active service of the navy; and nothing in this act, or in the act to which this is an amendment, shall be so construed as to preclude officers on the reserved list from wearing the uniform of their grades respectively. Flag omcers. Sec. 5. And be it further enacted That captains in command of squadrons shall be denominated Hag officers. c"?:;':;:: tag;  6. And be itjiu·t}¢er enacted, That all officers who may be restoréd tmk my to active service, under the provisions of this act, shall be entitled to draw 1859 ch-"; §3· the same pay they were dT8W10g at the time they were retired O1' dwppm,  40; ’ pod, for and during the time of such retirement or suspension from the active service aforesaid. Approved, Jan. 16, 1857.