Page:United States Statutes at Large Volume 18 Part 1.djvu/326

 254 'I`rrLr·: xv.——THE NAVY.——Crx. 3. Oiiicerswhobnve Sec. 1446. Officers on the active list, not below the grade of com- 5]**;* “ "°*’° of mander, who have, upon the recommendation of the President, received .L_.- by name, during the war for the suppression of the rebellion, a vote of I6 ·l¤lY» Wil 0- thanks of Con ress for distinguise service, shall not be retired, except 188·“·8="·12·P·584· for cause, untilgthey have been fifty-five years in the service of the United States. Ofiiccm rejected Sec. 1447. When the case of any officer has been acted upon by a {mm P’°m°“°"· board of naval surgeons and an examining board for promotion, as pro- 21 April, 1864, c. vided in Chapter hour of this Title, and ie shall not have been recom- 63. B- 4. V- T3. P- 53- mended for lpromotion by both of the said boards, he shall be placed upon the retired ist. B¢ti¤‘i¤g-b0¤fd- Sec. 1448. Whenevei· any officer, on being ordered to perform the 3 Aug, 1861, c_ duties aplprptpriate to his commission, reports himself unab e to comply 42, s. 23, v. 12, p. with suc o er, or whenever, in the ]udgment of the President, an officer 291- is incapacitated  perform` the duties o his office, the President, at his discretion, may direct the Secretary of the Isavy to refer the case of such officer to a board of mit more than nine nor less tbsp; five commissiongd omcers, two-fifths of w om shall be members of the edical Corps of the Nav z Said board except the officers taken from the Medical Cor s, i » P _ _ P shal be com sed as far as may be, of seniors in rank to the officer whose disability is in uired of Powers and du- Sec. 1449. Said l'0lll1'l!lg—bO&l'd shall be authorized to inquire into and ties oi. determine the facts touching the nature and occasion of the disability of 3 _111g__ 1861. c_ any such officer, and shall have such powers of a court—martial and of a 42,s.17,v.12,p.290. court of inquirpy as may be necessary} _ Oath of mem- Sec. 1450. e members of said board shall be sworn in each case to bers discharge their duties honestly and impartially. Tang., 1ss1,6T42, r. ze, v. 12, p. 291. Fi¤di¤z¤- Sec. 1451. Whenlsaid retiring—board finds an officer incapacitated for 3 Aug,' ]86], ,,_ active service, it shall also iind and report the cause which, in its judggis. 23, v. 12, p. ment, produced his incapacity, and whether such can e is an incident of · th r i.. P~qvi¤i·>¤ by the h42Q. A record of the proceedings and decision of the board in P'°°°d°“°‘ ____ each case shall be transmitted to the Secretary of·the Navy, and shall be 423 éé1g.3;861é9p. laidhby him before the President for his approval or disapproval, or orders »°· ·v· ¢P· · lll t 008-80. _ Disability by nn Sec. 1453. When a retiring~board finds that an officer is incapacitated ”?°’d°m °m‘° B"` for active service, and that his incapacity is the result of an incident of lg.; the service, such officer shall, if said ecision is approved by the President, 3A¤z;-,1861,c-42, be retired from active service with retired pav, as allowed bv Chapter ··23»r- *2-9- 29*- Eight of this rms. ‘ ‘ Disability by nc. 1454. When said board finds that an officer is incapacitated for °“‘°' °”“°°“- active service and that his incapacity is not the result of an incident of 3 Aug., 1861, c. the service, such officer shall, if said decision is approved b the President, 42- ¤- 23- V- 12- D- be retired from active service on furlou h-pay, or wholly retired from 2% _ service with one year’s pafy, as the President may determine. _N;>f*<> b{>]¤¢lU‘¤d Sec. 1455. No omccr o the Navy shall be retired from active service, or wholly retired from the service, without a full and fair hearing before 3 Aug., 1861, c. such Navy retiring-board, if he shall demand it, except in cases where he gi ¤- Z3· V- l2· P- maly be retired by the President at his own request, or on account of age ‘ or ength of service. or on account of his failure to be recommended by an _ examining board for promotion. fo§!*;lE*°l:l*`:l'°;;*°d Sec. 1456. No officer of the Navy shall be placed on the retired list pecans? of miscolnduct; but he shal be brought to trial by court-martial · · °· or suc miscon uct. 295,s.6,v.l6,p.333. h&1;3;&;*"“ ****1 Sec. 1457. Officers retired from active service shall be laced on the retired list of officers of the grades to which they belonged) respectively 12,,_4i,,_11’ _1g4_ at the time of their retirement, and continue to be borne on e Navy 3 Aug., 1%, c. Register. They shall   entitled to wear the uniform of their respective E. ¤¤- 22%0232£4. V- grades, and shall be subject to the rules and articles for the government §gl}an_'·1875' c_ of the Navy and to trial by general court-martial. The names of officers s0_ v_1S, p_30.1_ wholly retired from the service shall be omitted from the Navy Register.