Who may be eemeteries. same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the office of the Quartermaster-General, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or if these are unknown, it shall be so recorded.* 22 Feb., 1867, s. 1, v. 14, p. 399. 8 June, 1872, v. 17, p. 345. 3 March, 1873, v. 17, p. 545. SEC. 4878. All soldiers, sailors, or marines, dying in the service of the buriedin national United States, or dying in a destitute condition, after having been honorably discharged from the service, or who served during the late war, either in the regular or volunteer forces, may be buried in any national cemetery free of cost. The production of the honorable discharge of a deceased man shall be sufficient authority for the superintendent of any cemetery to permit the interment. Sec. 431. Establishment of office. 432. Maps, charts, &c. 17 July, 1862, s. 18, v. 12, p. 596. 1 June, 1872, v. 17, p. 202. 3 March, 1873, v. 17, p. 605. HYDROGRAPHIC OFFICE. 433. Money received from sale. Title 41. Sec. 3692. Proceeds of sales of stores. Civil employees. SEC. 431. There shall be a Hydrographic Office attached to the Bureau of Navigation in the Navy Department, for the improvement of the means for navigating safely the vessels of the Navy and of the mercantile marine, by providing, under the authority of the Secretary of the Navy, accurate and cheap nautical charts, sailing directions, navigators, and manuals of instructions for the use of all vessels of the United States, and for the benefit and use of navigators generally. 21 June, 1866, s. 1, v. 14, p. 69. SEC. 432. The Secretary of the Navy is authorized to cause to be prepared, at the Hydrographic Office attached to the Bureau of Navigation in the Navy Department, maps, charts, and nautical books relating to and required in navigation, and to publish and furnish them to navigators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, charts, navigators, sailing directions and instructions, as he may consider necessary, and when he may deem it expedient to do so, and under such regulations and instructions as he may prescribe. Ibid., s. 2. SEC. 433. All moneys which may be received from the sale of maps, charts, and nautical books shall be returned by the Secretary of the Navy into the Treasury of the United States, to be used in the further preparation and publication of maps, charts, navigators, sailing directions, and instructions for the use of seamen, to be sold at the rates as set forth in the preceding section. Ibid., s. 3. SEC. 3686. All appropriations made for the preparation or publication Foreign hydro of foreign hydrographic surveys shall only be applicable to their object, graphic surveys upon the approval by the Secretary of the Navy, after a report from three competent naval officers, to the effect that the original data for proposed charts are such as to justify their publication; and it is hereby made the duty of the Secretary of the Navy to order a board of three naval officers to examine and report upon the data, before he shall approve of any application of money to the preparation or publication of such charts or hydrographic surveys. Proceeds of certain sales, &c., of material. 21 Feb., 1861, s. 7, v. 12, p. 150. SEC. 3692. All moneys received from sale of materials, stores, or supplies to any exploring or surveying expedition authorized by law, shall respectively revert to that appropriation out of which An act approved Feb. 3, 1879, chap. 44, provides for headstones for soldiers graves in private cemeteries. V. 20, p. 281. they were originally expended, and shall be applied to the purposes for which they are appropriated by law. All charts hereafter furnished to mariners or others not in the Government service shall be paid for at the cost price of paper and printing paid by the Government. 14 Feb., 1879, v. 20, p. 284. 4 May, 1878, v. 20, p. 50. 3 March, 1883. Hydrographic Office: For chief of engraving and draughting, two thousand four hundred dollars; two clerks of class two; one assistant messenger; and one office attendant, four hundred and twenty dollars; Civil employees in all, six thousand three hundred and forty dollars. For draughtsmen, engravers, copyists, copper-plate printers, print ers' apprentices, and laborers in the Hydrographic Office, thirty-two thousand six hundred and sixty dollars. SEC. 1362. The active list of the line officers of the Navy of the United Title 15, Chap.¡1. States shall be divided into eleven grades, as follows, namely: First. Admiral. Second. Vice-Admiral. Grades of line officers. Third. Rear-admirals. Fourth. Commodores. Fifth. Captains. Sixth. Commanders. Seventh. Lieutenant-commanders. Eighth. Lieutenants. Ninth. Masters. [See act March 3, 1883.] Tenth. Ensigns. Eleventh. Midshipmen. [See act March 3, 1883.] Admiral and Vice-Admiral to Provided, That vacancies occurring in the grades of Admiral and Vice-Admiral shall not be filled by promotion, or in any other manner; cease. and that when the offices of said grades shall become vacant, the grade itself shall cease to exist. 16 July, 1862, s. 1, v. 12, p. 583. 2 March, 1867, s. 1, v. 14, p. 516. Titles of mas The title of master is hereby changed to that of lieutenants, and the 3 March, 1883. masters now on the list shall constitute a junior grade of, and be commissioned as, lieutenants, having the same rank and pay as now pro- ter and midshipvided by law for masters, but promotion to and from said grade shall man charged. be by examination as provided by law for promotion to and from the grade of master, and nothing herein contained shall be so construed as to increase the pay now allowed by law to any officer in the line or staff; * * the title of midshipman is hereby changed to that of ensign, and the midshipmen now on the list shall constitute a junior grade of, and be commissioned as, ensigns, having the same rank and pay as now provided by law for midshipmen, but promotions to and from said grade shall be under the same regulations and requirements as now provided by law for promotion to and from the grade of midshipmen, and nothing herein contained shall be so construed as to increase the Title 15, Chap. 1. Number on the active list. 5 Aug., 1882. Rule of promotion in the line. Title 15, Chap. 1. When ceeded. Selection pay now allowed by law to any officer of said grade or of any officer or relative rank. 3 March, 1883, P. E. L., p. 97. [Navy appropriation act.] SEC. 1363. There shall be allowed on the active list of the line officers of the Navy one Admiral, one Vice-Adiniral, six rear-admirals, ten commodores, forty-five captains, eighty-five commanders, seventy-four lieutenant-commanders, two hundred and fifty lieutenants, seventy-five masters, and seventy-five ensigns. 25 July, 1866, s. 1, v. 14, p. 222. 15 July, 1870, ss. 9, 10, v. 16, p. 333. 5 Aug., 1882, P. E., p. 286. Hereafter only one-half of the vacancies in the various grades in the line of the Navy shall be filled by promotion until such grades shall be reduced to the following numbers [as in sec. 1363], and thereafter pro motions to all vacancies shall be made but not to increase either of said grades above the the number aforesaid. 5 Aug., 1882, P. E., p. 286. SEC. 1364. The provisions of the foregoing section [1363 and August 5, ex- 1882] shall not have the effect to vacate the commission of any lieutenant-commander, lieutenant, master, or ensign appointed according to law, in excess of the respective number therein fixed; nor to preclude the advancement of any officer to a higher grade, for distinguished conduct in battle, or for extraordinary heroism, ander the provisions of sections fifteen hundred and six aud fifteen hundred and eight. [PROMOTION.] of 25 July, 1866, ss. 1, 2, v. 14, p. 222. 16 July, 1862, s. 9, v. 12, p. 584. SEC. 1365. During war rear-admirals shall be selected from those rear-admirals officers on the active list, not below the grade of commanders, who shall during war. have eminently distinguished themselves by courage, skill, and genius in their profession; but no officer shall be so promoted, under this provision, unless, upon recommendation of the President by name, he has received the thanks of Congress for distinguished service. Promotion of 16 July, 1862, s. 7, v. 12, p. 584. SEC. 1366. During peace, vacancies in the grade of rear-admiral shall rear-admirals be filled by regular promotion from the list of commodores, subject to during peace. examination according to law. [See PROMOTION; also act Aug. 5, 1882, ante.] 16 July, 1862, s. 7, v. 12, p. 584. Secretaries to SEC. 1367. The Admiral and Vice-Admiral shall each be allowed a secAdmiral and retary, who shall be entitled to the rank and allowances of a lieutenant in the Navy. [See post.] Vice Admiral. 4 May, 1878. 21 Dec., 1864, s. 2, v. 13, p. 420. 2 March, 1867, s. 1, v. 14, p. 516. On and after the first day of July, eighteen hundred and seventy-eight, there shall be no appointments made from civil life of secretaries or clerks Secretaries to Admiral and to the Admiral or Vice-Admiral, when on sea service, commanders of Vice-Admiral on squadrons, or of clerks to commanders of vessels; and an officer not above sea service. the grade of lieutenant shall be detailed to perform the duties of secretary to the Admiral or Vice Admiral, when on sea service, and one not above the grade of master* to perform the duties of clerk to a rear-admiral or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat. Title 15, Chap. 2. Command of squadrons. * 4 May, 1878, v. 20, p. 50. SEC. 1434. The President may select any officer not below the grade of commander on the active list of the Navy, and assign him to the command of a squadron, with the rank and title of "flag-officer;" and any officer so assigned shall have the same authority and receive the same obedience from the commanders of ships in his squadron, holding commissions of an older date than his, that he would be entitled to receive if his commission were the oldest. 21 Dec., 1861, s. 4, v. 12, p. 329. * Lieutenant of the junior grade. (March 3, 1883.) SEC. 1435. Lieutenant-commanders may be assigned to duty as first Lieutenantlieutenants of naval stations, as navigation and watch officers on board commanders, how assignable. of vessels of war, and as first lieutenants of vessels not commanded by lieutenant-commanders. 16 July, 1862, s. 3, v. 12, p. 584. SEC. 1467. Line officers shall take rank in each grade according to the Title 15, Chap. 4. dates of their commissions. 16 July, 1862, s. 1, v. 12, p. 583. SEC. 1468. Commanding officers of vessels of war and of naval stations shall take precedence over all officers placed under their com mand. 3 March, 1871, s. 12, v. 16, p. 537. Rank. Commanding officers of vessels and stations. Aid or execu SEC. 1469. The Secretary of the Navy may, in his discretion, detail a line officer to act as the aid or executive of the commanding officer of a tive officer. vessel of war or naval station, which officer shall, when not impracticable, be next in rank to said commanding officer. Such aid or executive shall, while executing the orders of the commanding officer on board the vessel or at the station, take precedence over all officers attached to the vessel or station. All orders of such aid or executive shall be regarded as proceeding from the commanding officer, and the aid or executive shall have no independent authority in consequence of such detail. 3 March, 1871, s. 12, v. 16, p. 537. SEC. 1470. Staff officers, senior to the officers so detailed, shall have the right to communicate directly with the commanding officer. 3 March, 1871, s. 12, v. 16, p. 537. Rights of staffofficers. chief of SEC. 1472. When the office of Chief of Bureau is filled by a line officer Relative rank below the rank of commodore, said officer shall have the relative rank as, bureau. of commodore during the time he holds said office. 3 March, 1871, s. 12, v. 16, p. 537. SEC. 1490. Ensigns shall be steerage officers, unless assigned to duty Ensigns as as watch and division officers. 15 July, 1870, s. 10, v. 16, p. 334. PAY OF LINE OFFICERS. [See under PAY OF THE NAVY.] PROMOTION. [See under that head.] steerage officers. SEC. 1408. Mates may be rated, under authority of the Secretary of Title 15, Chap. 1. the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years. 17 May, 1864, s. 3, v. 13, p. 79. 3 March, 1865, s. 3, v. 13, p. 539. Seamen may be rated as mates. SEC. 1409. The rating of an enlisted man as a mate, or his appoint- Rating shall ment as a warrant officer, shall not discharge him from his enlistment. not discharge Idem. from enlistment. SEC. 1556. Mates, when at sea, nine hundred dollars; on Title 15, Chap. 8. shore duty, seven hundred dollars; on leave, or waiting orders, five hundred dollars. Pay of mates. 15 July, 1870, s. 3, v. 16, p. 330. NOTE.-See Op. XI, p. 251, June 20, 1865, defining the status of mates and asting master's mates. Not warranted officers Title 10. Sec. 1375. Details of medical officers to Bureau of Medicine and Surgery. 1411. Acting assistant surgeons. 1471. Rank and title of chief of Bureau. 1473. Rank when retired. 1474. Rank of medical officers. 1481. Retired from age or length of service, rank. 1556. Pay. SEC. 426. The chief of the Bureau of Medicine and Surgery shall be Chief of Bureau. appointed from the list of the surgeons of the Navy. Title 15, Chap. 1. 5 July, 1862, s. 1, v. 12, p. 510. SEC. 1368. The active list of the Medical Corps of the Navy shall consist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, Medical Corps; and ninety assistant and passed assistant surgeons. number of. Appointments 3 March, 1871, s. 5, v. 16, p. 535. 5 Aug., 1882, P. E. L., p. 285. SEC. 1369. All appointments in the Medical Corps shall be made by in, how made. the President, by and with the advice and consent of the Senate. 21 April, 1806, s. 3, v. 2, p. 390. Appointment SEC. 1370. No person shall be appointed assistant surgeon until he of assistant sur- has been examined and approved by a board of naval surgeons, designated by the Secretary of the Navy; nor who is under twenty-one or over twenty-six years of age. geons. Appointment of surgeons. Rank of assist 24 May, 1828, s. 1, v. 4, p. 313. 3 March, 1871, s. 5, v. 16, p. 536. SEC. 1371. No person shall be appointed surgeon until he has served as an assistant surgeon at least two years, on board a public vessel of the United States at sea, nor until he has been examined and approved for such appointment, by a board of naval surgeons, designated by the Secretary of the Navy. 24 May, 1828, s. 1, v. 4, p. 313. NOTE.-The custom and practice of the Navy Department requiring competi tive examination of assistant surgeons and assigning them positions on the Navy Register, in the order of relative merit as ascertained and reported by the board of examiners authorized by existing law and regulations, is not, under the present law, correct. Having passed the necessary examination for promotion, the claim of to be promoted according to seniority is, in my opinion, well founded.-Op. Feb. 25, 1881, Ames case; Gen. order 282. SEC. 1372. When any assistant surgeon was absent from the United aut surgeons in States, on duty, at the time when others of his date were examined, he case of delayed shall, if not rejected at a subsequent examination, be entitled to the examination. same rank with them; and if, from any cause, his relative rank cannot be assigned to him, he shall retain his original position on the register. 3 March, 1835, s. 1, v. 4, p. 757. Surgeon of the fleet. Duties of sur SEC. 1373. The President may designate among the surgeons in the service, and appoint to every fleet or squadron an experienced and intelligent surgeon, who shall be denominated "surgeon of the fleet," and shall be surgeon of the flag-ship. 24 May, 1828, s. 2, v. 4, p. 313. SEC. 1374. The surgeon of the fleet shall, in addition to his duties as geon of the fleet. surgeon of the flag-ship, examine and approve all requisitions for medical and hospital stores for the squadron or fleet, and inspect their quality. He shall, in difficult cases, consult with the surgeons of the several ships, and he shall make, and transmit to the Navy Department, records of the character and treatment of diseases in the squadron or fleet. 24 May, 1828, s. 2, v. 4, p. 313. |