SEC. 1470. Staff officers, senior to the officers so detailed, shall have Rights of staffofficers. the right to communicate directly with the commanding officer. Chiefs of Bureaus.

SEC. 1471. The chiefs of the Bureau of Medicine and Surgery, Provisions and Clothing, Steam Engineering, and Construction and Repair shall have the relative rank of commodore while holding said position, and shall have, respectively, the title of Surgeon-General, PaymasterGeneral, Engineer-in-Chief, and Chief Constructor.

reau, when below

SEC. 1472. When the office of chief of Bureau is filled by a line officer Chief of Bubelow the rank of commodore, said officer shall have the relative rank rank of com. of commodore during the time he holds said office.

mander.

SEC. 1485. The officers of the staff corps of the Navy shall take prece- Precedence by dence in their several corps, and in their several grades, and with offi- length of service. cers of the line with whom they hold relative rank according to length

of service in the Navy.

mated.

SEC. 1486. In estimating the length of service for such purpose, the Length of serv several officers of the staff corps shall, respectively, take precedence in ice, how esti. their several grades and with those officers of the line of the Navy with whom they hold relative rank who have been in the naval service six years longer than such officers of said staff corps have been in said service; and officers who have been advanced or lost numbers on the Navy Register shall be considered as having gained or lost length of service accordingly.

SEC. 1487. No staff officer shall, in virtue of his relative rank or precedence, have any additional right to quarters.

Quarters.

mand.

SEC. 1488. The relative rank given by the provisions of this chapter to Military comofficers of the Medical, Pay, and Engineer Corps shall confer no authority to exercise military command.

SEC. 1489. In processsions on shore, or courts-martial, summary courts, Processions, courts of inquiry, boards of survey, and all other boards, line and staff boards, &c. officers shall take precedence according to rank.

SEC. 1490. Ensigns shall be steerage officers, unless assigned to duty as watch and division officers.

Ensigns as steerage officers. Warrant

SEC. 1491. The President may, if he shall deem it conducive to the interests of the service, give assimilated rank to boatswains, gunners, cers. carpenters, and sail-makers, as follows: After five years' service, to rank with ensigns, and after ten years' service, to rank with masters.

offi

SEC. 1492. The officers of the revenue-cutter service when serving, in Revenue-cutter accordance with law, as a part of the Navy, shall be entitled to relative officers serving rank, as follows: Captains, with and next after lieutenants commanding as part of the Navy. in the Navy; first lieutenants, with and next after lieutenants in the Navy; second lieutenants, with and next after masters in line in the Navy; third lieutenants, with and next after ensigns in the Navy. [See also under each grade and corps.]

Sec.

1577. Rations of midshipmen.

1578. Rations of other officers.

1579. When rations not allowed.

1580. Navy ration; constituents of. 1581. Substitutions in.

RATIONS.
Sec.

1582. Short allowance.

1583. Rations stopped for the sick.

1584. Additional ration.

1585. Commutation price of ration.
1595. None to retired officers.

SEC. 1577. Midshipmen and acting midshipmen in the Navy shall be Title 15, Chap. 8. entitled to one ration, or to commutation therefor.

Rations of midshipmen.

SEC. 1578. All officers shall be entitled to one ration, or to commuta- Rations of other tion therefor, while at sea or attached to a sea-going vessel.

officers.

When rations

SEC. 1579. No person not actually attached to and doing duty on board a sea-going vessel, except the petty officers, seamen, and ordi- not allowed. nary seamen attached to receiving-ships or to the ordinary of a navyyard, and midshipmen, shall be allowed a ration.

Navy ration,

SEC. 1580. The Navy ration shall consist of the following daily allowance of provisions to each person: One pound of salt pork, with half a constituents of. pint of beans or peas; or one pound of salt beef, with half a pound of flour and two ounces of dried apples, or other dried fruit; or threequarters of a pound of preserved meat, with a half pound of rice, two ounces of butter, and one ounce of desiccated "mixed vegetables;" or three-quarters of a pound of preserved meat, two ounces of butter, and two ounces of desiccated potatoes; together with fourteen ounces of biscuit, one-quarter of an ounce of tea, or one ounce of coffee or cocoa, and two ounces of sugar; and a weekly allowance of half a pint of pickles, half a pint of molasses, and half a pint of vinegar.

SEC. 1581. The following substitution for the components of the ration may be made when it is deemed necessary by the senior officer present in command: For one pound of salt beef or pork, one pound and a quarter of fresh meat or three-quarters of a pound of preserved meat; for any or all of the articles usually issued with the salted meats, vegetables equal to the same in value; for fourteen ounces of biscuit, one pound of soft bread, or one pound of flour, or half a pound of rice; for half a pint of beans or peas, half a pound of rice, and for half a pound of rice, half a pint of beans or peas. And the Secretary of the Navy may substitute for the ration of coffee and sugar the extract of coffee combined with milk and sugar, if he shall believe such substitution to be conducive to the health and comfort of the Navy, and not to be more expensive to the Government than the present ration: Provided, That the same shall be acceptable to the men.

SEC. 1582. In case of necessity the daily allowance of provisions may be diminished at the discretion of the senior officer present in command; but payment shall be made to the persons whose allowance is thus diminished, according to the scale of prices for the same established at the time of such diminution. And every commander who makes any diminution or variation shall give to the paymaster written orders therefor, specifying particularly the diminution or variation which is to be made, and shall report to his commanding officer, or to the Navy Department, the necessity for the same.

SEC. 1583. Rations stopped for the sick on board vessels shall remain and be accounted for by the paymaster as a part of the provisions of the vessels. [See § 4812, NAVY HOSPITALS.]

SEC. 1584. An additional ration of tea or coffee and sugar shall be hereafter allowed to each seaman, to be provided at his first "turning out."

SEC. 1585. Thirty cents shall in all cases be deemed the commutation
price of the Navy ration.
SEC. 1595. Rations shall not be allowed to officers on the retired list.
RETIRED LIST MARINE CORPS.

See MARINE CORPS.

RETIRED OFFICERS OF THE NAVY.

1452. Revision by the President.

1453. Disability by an incident of the service. 1454. Disability by other causes.

1455. Not to be retired without a hearing. 1456. Not to be retired for misconduct. 1457. Privileges and liabilities.

1458. Vacancies by retirement.

Title 15, Chap. 3.

Sec.

1459. Withdrawn from command.
1460. Rear- admirals on retired list.
1461. Retired officers; promotion.
1462. Active duty.

1463. Assigned to command of squadrons and
ships.

1464. Commanders of squadrons, from what grades

selected.

1465. When restored to active list.

1481. When retired for age or length of service.
1482. Retired for causes incident to service.
1588. Pay.

1589. Pay of certain rear-admirals.
1590. Pay of third assistant engineers.
1591. Pay not increased by promotion.

1592. Pay on active duty.

1593. Pay of officers retired on furlough. 1594. Transfer from furlough to retired pay.

SEC. 1443. When any officer of the Navy has been forty years in the service of the United States he may be retired from active service by the years' service. President upon his own application.

After forty

After sixty-two

SEC. 1444. When any officer below the rank of Vice-Admiral is sixtyyears of age, or two years old, he shall, except in the case provided in the next section, forty-five years' be retired by the President from active service.

service.

Officers of cer

SEC. 1445. The two preceding sections shall not apply to any lieutentain ranks to be ant-commander, lieutenant, master, ensign, midshipman, passed assistant retired only for surgeon, passed assistant paymaster, first assistant engineer, assistant disability. surgeon, assistant paymaster, or second assistant engineer; and such officers shall not be placed upon the retired list, except on account of physical or mental disability.

Officers who

vote of thanks.

SEC. 1446. Officers on the active list, not below the grade of comhave received a mander, who have, upon the recommendation of the President, received by name, during the war for the suppression of the rebellion, a vote of thanks of Congress for distinguished service, shall not be retired, except for cause, until they have been fifty-five years in the service of the United States.

SEC. 1447. When the case of any officer has been acted upon by a Officers rejected from promotion. board of naval surgeons and an examining board for promotion, as provided in Chapter Four of this Title, and he shall not have been recommended for promotion by both of the said boards, he shall be placed upon the retired list.

SEC. 1448. Whenever any officer, on being ordered to perform the duties Retiring-board. appropriate to his commission, reports himself unable to comply with such order, or whenever, in the judgment of the President, an officer is incapacitated to perform the duties of his office, the President, at his discretion, may direct the Secretary of the Navy to refer the case of such officer to a board of not more than nine nor less than five commissioned officers, two-fifths of whom shall be members of the Medical Corps of the Navy. Said board, except the officers taken from the Medical Corps, shall be composed, as far as may be, of seniors in rank to the officer whose disability is inquired of.

Powers and du

SEC. 1449. Said retiring-board shall be authorized to inquire into and determine the facts touching the nature and occasion of the disability ties of. of any such officer, and shall have such powers of a court-martial and of a court of inquiry as may be necessary.

SEC. 1450. The members of said board shall be sworn in each case to discharge their duties honestly and impartially.

SEC. 1451. When said retiring-board finds an officer incapacitated for active service, it shall also find and report the cause which, in its judgment, produced his incapacity, and whether such cause is an incident of the service.

Oath of mem

bers.

Findings.

Revision by the

SEC. 1452. A record of the proceedings and decision of the board in each case shall be transmitted to the Secretary of the Navy, and shall be President. laid by him before the President for his approval or disapproval, or orders in the case.

an incident of the

service.

SEC. 1453. When a retiring-board finds that an officer is incapacitated Disability by for active service, and that his incapacity is the result of an incident of the service, such officer shall, if said decision is approved by the President, be retired from active service with retired pay, as allowed by Chapter Eight of this Title.

other causes.

SEC. 1454. When said board finds that an officer is incapacitated for Disability by active service and that his incapacity is not the result of any incident of the service, such officer shall, if said decision is approved by the President, be retired from active service on furlough-pay, or wholly retired from service with one year's pay, as the President may determine.

tired without a

SEC. 1455. No officer of the Navy shall be retired from active service,. Not to be reor wholly retired from the service, without a full and fair hearing before hearing. such Navy retiring-board, if he shall demand it, except in cases where he may be retired by the President at his own request, or on account of age or length of service, or on account of his failure to be recommended by an examining board for promotion.

SEC. 1456. No officer of the Navy shall be placed on the retired list be- Not to be re cause of misconduct; but he shall be brought to trial by court-martial tired for miscon

for such misconduct.

duct.

liabilities.

SEC. 1457. Officers retired from active service shall be placed on the,, Privileges and retired list of officers of the grades to which they belonged respectively at the time of their retirement, and continue to be borne on the Navy Register. They shall be entitled to wear the uniform of their respective grades, and shall be subject to the rules and articles for the government of the Navy and to trial by general court-martial. The names of officers wholly retired from the service shall be omitted from the Navy Register.

Vacancies by

SEC. 1458. The next officer in rank shall be promoted to the place of a retired officer, according to the established rules of the service; and the retirement. same rule of promotion shall be applied successively to the vacancies consequent upon the retirement of an officer.

SEC. 1459. Officers on the retired list shall be withdrawn from command, except in the case provided in sections fourteen hundred and sixtythree and fourteen hundred and sixty-four, and from the line of promotion on the active list.

Withdrawn

from command.

SEC. 1460. There may be allowed upon the retired list of the Navy Rear-admirals nine rear-admirals by promotion on that list: Provided, That this sec- on retired list. tion shall not prevent the Secretary of the Navy from promoting to the grade of rear-admiral on the retired list, in addition to the number herein provided, those commodores who have commanded squadrons by order

Retired officers; promotion.

Active duty.

Assigned to command

of the Secretary of the Navy, or who have performed other highly meritorious service.

SEC. 1461. Officers on the retired list of the Navy shall be entitled to promotion as their several dates upon the active list are promoted: Provided, That no promotion shall be made to the grade of rear-admiral upon the retired list while there shall be in that grade nine rear-admirals by promotion on that list, exclusive of those so promoted by reason of having commanded squadrons by order of the Secretary of the Navy, or of having performed other highly meritorious service. No promotion to the grade of rear-admiral on the retired list while there shall be in that grade the full number allowed by law.

SEC. 1462. No officer on the retired list of the Navy shall be employed on active duty except in time of war.

SEC. 1463. In time of war the President, by and with the advice and of consent of the Senate, may detail officers on the retired list for the comsquadrons and mand of squadrons and single ships, when he believes that the good of ships. the service requires that they shall be so placed in command.

Commanders of squadrons, from what grades selected.

When restored to active list.

of service.

SEC. 1464. In making said details the President may select any officer not below the grade of commander 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.

SEC. 1465. Retired officers so detailed for the command of squadrons and single ships may be restored to the active list, if, upon the recommendation of the President, they shall receive a vote of thanks of Congress for their services and gallantry in action against the enemy, and not otherwise.

Title 15, Chap. 4. SEC. 1481. Officers of the Medical, Pay, and Engineer Corps, chaplains, When retired professors of mathematics, and constructors, who shall have served for age or length faithfully for forty-five years, shall, when retired, have the relative rank of commodore; and officers of these several corps who have been or shall be retired at the age of sixty-two years, before having served for forty-five years, but who shall have served faithfully until retired, shall, on the completion of forty years from their entry into the service, have the relative rank of commodore.

Retired for to service.

SEC. 1482. Staff-officers, who have been or shall be retired for causes causes incident incident to the service before arriving at sixty-two years of age, shall have the same rank on the retired list as pertained to their position on the active list.

Title 15, Chap. 8.

Pay of retired officers.

Rear-admirals.

Third assistant engineers.

Pay not increased by pro

motion.

Pay on active duty.

· Officers retired

SEC. 1588. The pay of all officers of the Navy who have been retired after forty-five years' service after reaching the age of sixteen years, or who have been or may be retired after forty years' service, upon their own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure therein, shall, when not on active duty, be equal to seventyfive per centum of the sea pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time of their retirement. *

SEC. 1589. Rear-admirals on the retired list of the Navy, who were retired as captains when the highest grade in the Navy was captain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals.

SEC. 1590. Officers who have been retired as third assistant engineers shall continue to receive pay at the rate of four hundred dollars a year. SEC. 1591. No officer, heretofore, or hereafter promoted upon the retired list, shall, in consequence of such promotion, be entitled to any increase of pay.

SEC. 1592. Officers on the retired list, when on active duty, shall receive the full pay of their respective grades.

SEC. 1593. Officers placed on the retired list, on furlough pay, shall on furlough pay. receive only one-half of the pay to which they would have been entitled if on leave of absence on the active list.

*Officers on retired list are not entitled to rations. See § 1595, p. 240.

SEC. 1594. The President, by and with the advice and consent of the Transfer from Senate, may transfer any officer on the retired list from the furlough to furlough to retired pay. the retired-pay list.

Sec.

RESERVED TIMBER AND LANDS.

2458. Live-oak and red-cedar lands.

2459. Selection of live-oak and red-cedar tracts. 2460. Protection of live-oak and red-cedar timber. 2461. Cutting or destruction of live-oak or red-cedar, penalty.

2462. Vessels employed in carrying away live-oak

and red-cedar, forfeiture of.

Sec.

2463. Clearance of vessels laden with live-oak, pros-
ecution of depredators.

4205. Duties of collectors of customs.
5388. Depredations on timber-lands.
Protection of shade-trees, fences, &c.

SEC. 2458. The Secretary of the Navy is authorized, under the direc- Title 32, Chap. 11. tion of the President, to cause such vacant and unappropriated lands of Live-oak and the United States as produce the live-oak and red-cedar timbers to be red-cedar lands. explored, and selection to be made of such tracts or portions thereof, where the principal growth is of either of such timbers, as in his judgment may be necessary to furnish for the Navy a sufficient supply of the

same.

live-oak and redcedar tracts.

SEC. 2459. The President is authorized to appoint surveyors of public Selection of lands, who shall perform the duties prescribed in the preceding section, and report to him the tracts by them selected, with the boundaries ascertained and accurately designated by actual survey or water-courses; and the tracts of land thus selected with the approbation of the President shall be reserved, unless otherwise directed by law, from any future sale of the public lands, and be appropriated to the sole purpose of supplying timber for the Navy of the United States; but nothing in this section contained shall be construed to prejudice the prior rights of any person claiming lands, which may be reserved in the manner herein provided.

of

live-oak and redcedar timber.

SEC. 2460. The President is authorized to employ so much of the land, Protection and naval forces of the United States as may be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida.

SEC. 2461. If any person shall cut, or cause or procure to be cut, or aid, assist, or be employed in cutting, or shall wantonly destroy, or cause or procure to be wantonly destroyed, or and, assist, or be employed in wantonly destroying any live-oak or red-cedar trees, or other timber standing, growing, or being on any lands of the United States, which, in pursuance of any law passed, or hereafter to be passed, have been reserved or purchased for the use of the United States, for supplying or furnishing therefrom timber for the Navy of the United States; or if any person shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing from any such lands which have been reserved or purchased, any live-oak or red-cedar trees, or other timber, unless duly authorized so to do, by order, in writing, of a competent officer, and for the use of the Navy of the United States; or if any person shall cut, or cause or procure to be cut, or aid, or assist, or be employed in cutting any live-oak or red-cedar trees, or other timber on, or shall remove, or cause or procure to be removed, or aid, or assist, or be employed in removing any live-oak or red-cedar trees or other timber, from any other lands of the United States, acquired, or hereafter to be acquired, with intent to export, dispose of, use, or employ the same in any manner whatsoever, other than for the use of the Navy of the United States; every such person shall pay a fine not less than triple the value of the trees or timber so cut, destroyed, or removed, and shall be imprisoned not exceeding twelve months. [See § 4751, PENSION FUND.]

Cutting or de

struction of liveoak or red-cedar, penalty.

forfeiture of.

SEC. 2462. If the master, owner, or consignee of any vessel shall know- Vessels employ ingly take on board any timber cut on lauds which have been reserved ed in carrying or purchased as in the preceding section prescribed, without proper au-away live-oak thority, and for the use of the Navy of the United States; or shall take and red-cedar, on board any live-oak or red-cedar timber cut on any other lands of the United States, with intent to transport the same to any port or place within the United States, or to export the same to any foreign country, the vessel on board of which the same shall be taken, transported, or seized, shall, with her tackle, apparel, and furniture, be wholly forfeited.