Page:United States Statutes at Large Volume 12.djvu/321

 THIRTY-SEVENTH CONGRESS. Szss. L Ch. 42, 44. 1861. 291 Third assistant engineers, four hundred dollars; Masters, four hundred dollars ; Passed midshipmen, three hundred and fifty dollars; and with four Rations. rations per day to each of the above-named ollieers of the navy, to be eommuted at thirty cents, each ration, and without any other pay or allow- Commumien. ances. Captains, commanders, and lieutenants now on the retired list of the navy shall receive the same compensation and no greater than is nllowed to retired officers of the same rank by the provisions of this uct. The next officer in rank shall be promoted to the place of the retired oflieer, according to the established rules of the service. And the same rule Pr<>m¤fi¤¤¤- of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer. Sue. 23. And be it f·im}¢er enacted, That whenever any officer of the Boardto decide navy, on being ordered to perform the duties appropriate to his commis- *h° l“°gl""°“Y °f sion, shall report himself unable to comply with such order, or whenever, navy 0 cm` in the judgment of the President of the United States, an officer of the navy shall be in any way incapacitated from performing the duties of his office, the President, at his discretion, shall direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine, and not less than five, commissioned officers, two-fifths of whom shall be members of the medical bureau of the navy; the board, except those Howcomposeds taken from the medical bureau, to be composed, if possible, (as fer as dw" may be,) of his seniors in rank. The determination of the board in each case shall, with a record of its proceedings, be transmitted to the Secretary of the Navy, to be laid before the President for his approval or disapproval, and orders in the ease. The board, whenever it finds an oiioer incapacitated for active service, will report whether, in its judgment, the Report. incapacity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service; if so, and the President approve of such judgment, the disabled omeer shall thereupon be placed upon the list of re- _ Eiieet of decistired officers, according to the provisions of this act. Butif such disability ‘°“;;g°“ “P‘ or incompetenoy proceeded from other causes, and the President concur Pm ` in opinion with the board, the officer may be retired upon furlough pay, or be shall be wholly retired from the service, with one year’s pay, at the discretion of the President; and in this last case his name shall be wholly omitted from the navy register. The members of the board shall, in Mgmbgrg wb, every cxme, be sworn to an honest and impartial discharge of their duties, ¤W<>¤¤· and no oflieer of the navy shall be retired, either partially or wholly, from 0;;;,,,,,., mayb, the service without having had a fair and full hearing before the board, lm-rdif he shall demand it. Sec. 24t. And be it further enacted, That the retired officers shall be _Pr1yilegesnnd entitled to wear the uniform of their respective grades, shall continue to xg5E;;? be borne upon the navy register, shall be subject to the rules and articles governing the navy, and to trial by general court-martial. Sue. 25. And be it further enacted, That retired otllcers of the army, Duty mayb; DRVY, and marine corps may be assigned to such duties as the President ggd '°°“`° may deem them capable of performing, and such as the exigencies of the public service may require. Approved, August 3, 1861. . .-— n Act to {bit the Sale o S 'rituous Li s and Intvxicatin An st5, 1861. °m”·" e.n,M:z’:M,em,ea,e Mies; 9 Be it enacted by the Senate and House of Representatives of the United PM, p- 571 States of America in 6'ongress assembled, That it shall not be lawful for Sai, of spmtumy person in the District of Columbia to sell, give,.or administer to any 9¤=;)l¤<i;1i0;¤,;%8;_ seldier or volunteer in the service of the United States, or any person §Q‘m§,_ fo Q01_ wearing the uniform of such soldier or volunteer, any spirituous liquor or diers, forbidden.