Page:United States Statutes at Large Volume 16.djvu/367

 FORTY-FIRST CONGRESS. Sess. II. Ch. 295. 1870. 333 poses," as allows to persons in the naval service ive cents per day in lieu of the spirit ration, is hereby repealed; and from and after that day 0'¤¤¤1¤¤¤¤=l¤¤ thirty cents shall in all cases be deemed the commutation price of the navy ¥£?:¤°f °"y ration. ' Sec. 5. And be it jlerther enacted, That from and after the thirtieth Pay ofofficem day of June, eighteen hundred and seventy, the pay of all officers of the "fn "’° *'°"'°d. navy now on or hereafter placed on the retired list shall, when not on °t°°°°m° active duty, be equal to one half of the highest pay prescribed by this act for of licers on the active list whose grade corresponds to the grade held by such retired officers respectively at the time of such retirement, and no O$°°*`¤ P*'°· officer, heretofore or hereafter promoted upon the retired list, shall, in Elztglgzxggm consequence of such promotion, be entitled to any increase of pay. And incmqso oflpay. retired third assistant engineers shall continue to receive the same rate of mild *‘"‘°l““* pay they have received up to the time of the passage of this act; and the ergggggg mm grade of third assistant engineer on the active list is hereby abolished. IM ¤·b¤li¤h¤d· Sec. 6. And be it further enacted, That no officer of the navy shall, N0 <>$°¢¤’*<> because of misconduct, be placed on the retired list; but he shall be g°,,$l€;df§:£Q_ brought to trial by court-martial for such misconduct; nor shall any condu¤g:,&¤. lieutenant-commander, lieutenant, master, ensign, midshlpman, passed ¤£°$"·,;: °§::;“ assistant surgeon, passed assistant paymaster, first assistant engineer, such lm 2,,,,,,;, assistant surgeon, assistant paymaster, or second assistant engineer be &<>- placed on the retired list, except on account of physical or mental disability. Sisc. 7. And be it further enacted, That the pay of an officer of the Pay ¤f¤m<=¢r¤ navy, upon his original entry into the service, except where he is required ‘gb;l;°;’:L_ to give an ofhcial bond, shall commence upon the date of his acceptance meme; of his appointment; but where he is required to give such bond his pay shall commence upon the date of the approval of his bond by the proper authority; that hereafter the increased pay of a promoted officer shall increased psy commence from the date he is to take rank as stated in his commis- g::;" °°m' sion; but if an officer of a class subject to examination before promotion ` shall be absent on duty, and by reason of such absence, or of other cause not involving fault on his part, shall not be examined at the time required by law or regulation, and shall afterwards be examined and found qualified, the increased rate of pay to which his promotion would entitle him shall commence from the date when he would have bcerrentitled to it had he been examined and found qualiued at the time so required bylaw or regulation ; and this rule shall apply to any cases of this description which may have heretofore occurred. And in every such case the period of service of the party, in the grade to which he was promoted, shall, in reference to the rate of his pay, be considered to have commenced from the date when he was so entitled to take rank. S20. 8. And be it further enacted, That any officcr of the navy on the _ Otllcers on aeactive list below the grade of commander, who, upon examination for gg? :::2* gag; promotion, shall not be found professionally qualified, shall be suspended qpon u,,?,;,,,,. from promotion for one year, with corresponding loss of date, when he ¤¤¤,q¤;?l¤6*·;d*E: shall be re-examined, and in case of his failure upon such re-examination, gsgggzégg; gm he shall be dropped from the service. for one year, Sec. Sec. 9. And be it further enacted, That no promotion to the grade of Pmmotigns and lieutenanbcommander on the active list shall be made until the number g;??;? f£um_ in said grade is reduced below eighty; and thereafter eighty shall be the unbcommauder. number allowed by law' on said list; and when the number of lieutenant- Repeal of seg cummanders shall have been so reduced, section five of the “Act to define l$2?_·;l:_23}hg8; the number and regulate the appointment of officcrs in the navy, and for other purposes," approved July twenty-five, eighteen hundred and sixty- six, shall stand repealed. And as the number of l1eutenant—commandcrs _ Number df bs is reduced, the number of lieutenants shall be increased, until the number l:;;°a';g 3S3W_ in the grade of lieutenants on the active list shall be two hundred and untih gw, eighty, which shall thereafter be the number of licutenants allowed by law on said list.