permit, allow such seamen, or any of them, to go ashore, or shall send them ashore, in proper custody, so that they may be enabled to make such complaint; and shall, in default, be liable to a penalty of not more than one hundred dollars. Return of sea seamen: SEC. 4577. It shall be the duty of the consuls, vice-consuls, commercial agents, and vice-commercial agents, from time to time, to provide men. for the seamen of the United States, who may be found destitute within their districts, respectively, sufficient subsistence and passages to some port of the United States, in the most reasonable manner, at the expense of the United States, subject to such instructions as the Secretary of State shall give. The seamen shall, if able, be bound to do duty on board the vessels in which they may be transported, according to their several abilities. [See §§ 1719, 1736, DIPLOMATIC OFFICERS, and 5363.] SEC. 4578. All masters of vessels belonging to citizens of the United Penalty for reStates, and bound to some port of the same, are required to take such fusal to receive destitute seamen on board of their vessels, at the request of the consuls, vice-consuls, commercial agents, or vice-commercial agents, respectively, and to transport them to the port in the United States to which such vessel may be bound, on such terms, not exceeding ten dollars for each person, as may be agreed between the master and the consul or officer. Every such master who refuses the same on the request or order of such consul or officer shall be liable to the United States in a penalty of one hundred dollars for each seaman so refused. The certificate of any such consul or officer, given under his hand and official seal, shall be presumptive evidence of such refusal, in any court of law having jurisdiction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than two men to every one hundred tons burden of the vessel, on any one voyage. [See § 1719, DIPLOMATIC OFFICERS.] destitute seamen. SEC. 4579. Whenever distressed seamen of the United States are Additional altransported from foreign ports where there is no consular officer of the lowance for United States, to ports of the United States, there shall be allowed transportation of to the master or owner of each vessel, in which they are transported, such reasonable compensation, in addition to the allowance now fixed by law, as shall be deemed equitable by the First Comptroller of the Treasury. Extra wages on SEC. 4580. Upon the application of any seaman to a consular officer for a discharge, if it appears to such officer that he is entitled to his dis- discharge. charge under any act of Congress, or according to the general principles or usages of maritime law, as recognized in the United States, the officer shall discharge such seaman; and shall require from the master of the vessel from which such discharge shall be made, the payment of three months' extra wages, over and above the wages which may then be due to such seaman. When, however, after a full hearing of both parties, the cause of discharge is found to be the misconduct of the seanian, the consular officer may remit so much of the extra wages as would be, by section forty-five hundred and eighty-four, payable to the seaman. [See §§ 1708, 1719, 1736, DIPLOMATIC OFFICERS.] SEC. 4581. If any consular officer, when discharging any seaman, shall neglect to require the payment of and collect the extra wages required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount of their share of such wages, and to such seaman to the full amount of his share thereof; and if any seaman shall, after his discharge, have incurred any expense for board or other necessaries at the place of his discharge, before shipping again, such expense shall be paid out of the share of three months' wages to which he shall be entitled, which shall be retained for that purpose, and the balance only paid over to him. [See §§ 1719, 1736, DIPLOMATIC OFFICERS.] Penalty for neglect to collect extra wages. Extra wages SEC. 4582. Whenever a vessel belonging to a citizen of the United States is sold in a foreign country, and her company discharged, or when upon discharge, a seaman, a citizen of the United States, is, with his own consent, dis- in case of sale. charged in a foreign country, it shall be the duty of the master to produce to the consular officer, the certified list of his ship's company, and to pay such consul or officer, for every seaman so discharged, designated on such list as a citizen of the United States, three months' pay, over and above the wages which may then be due to such seaman. When extra SEC. 4583. No payment of extra wages shall be required upon the discharge of any seaman in cases where vessels are wrecked, or stranded, wages may be reor condemned as unfit for service. If any consular officer, upon the mitted. Disposal of extra wages. Certificate of citizenship. Protest upon impressment. Title 53, Chap. 7. Reclamation sular officers. complaint of any seaman that he has fulfilled his contract, or that the voyage is continued contrary to his agreement, is satisfied that the contract has expired, or that the voyage has been protracted by circumstances beyond the control of the master, and without any design on his part to violate the articles of shipment, then he may, if he deems it just, discharge the mariner without exacting the three months' additional pay. No payment of such extra wages, or any part thereof, shall be remitted in any case, except as allowed in this section. SEC. 4584. Whenever any consular officer upon the discharge of any seaman demands or receives extra three months' wages for such seaman, two-thirds thereof shall be paid by such officer to the seaman so discharged, upon his engagement on board of any vessel to return to the United States. The remaining third shall be retained for the purpose of creating a fund for the payment of the passages of seamen, citizens of the United States, who may be derious of returning to the United States, and for the maintenance of American seamen who may be destitute, and may be in such foreign port; and the several sums retained for such fund shall be accounted for with the Treasury every six months by the persons receiving the same. [See § 1719, DIPLOMATIC OFFICERS.] feet SEC. 4588. The collector of every district shall keep a book or books, in which at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authenticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate, in the following form, that is to say: "I, A. B., collector of the district of D., do hereby certify, that E. F., an American seaman, aged years, or thereabouts, of the height of inches, (describing the said seaman as particularly as may be,) has, this day, produced to me proof in the manner directed by law; and I do hereby certify that the said E. F. is a citizen of the United States of America. In witness whereof, I have hereunto set my hand and seal of office, this day of -" It shall be the duty of the collectors to file and preserve the proofs of citizenship so produced. For each certificate so delivered, the collectors shall be entitled to receive from the seaman applying for the same the sum of twenty-five cents. [See § 2174, NATURALIZATION.] SEC. 4589. The master of every vessel of the United States, any of the crew whereof shall have been impressed or detained by any foreign power, shall, at the first port at which such vessel arrives, if such impressment or detention happened on the high seas, or if the same happened within any foreign port, then in the port in which the same happened, immediately make a protest, stating the manner of such impressment or detention, by whom made, together with the name and place of residence of the person impressed or detained; distinguishing also whether he was an American citizen; and, if not, to what nation he belonged. Such master shall also transmit, by post or otherwise, every such protest made in a foreign country, to the nearest consul or agent, or to the minister of the United States resident in such country, if any such there be; preserving a duplicate of such protest, to be by him sent immediately after his arrival within the United States to the Secretary of State, together with information to whom the original protest was transmitted. In case such protest shall be made within the United States, or in any foreign country, in which no consul, agent, or minister of the United States resides, the same shall, as soon thereafter as practicable, be transmitted by such master, by post or otherwise, to the Secretary of State. SEC. 4600. It shall be the duty of consular officers to reclaim deserters and discountenance insubordination by every means within their power; and discharge of and where the local authorities can be usefully employed for that purdeserters by con- pose, to lend their aid and use their exertions to that end, in the most effectual manner. In all cases where deserters are apprehended, the consular officer shall inquire into facts; and if he is satisfied that the desertion was caused by unusual or cruel treatment, the seaman shall be discharged, and receive in addition to his wages to the time of the discharge, three months' pay; and the officer discharging him shall enter upon the crew-list and shipping-articles the cause of discharge, and the particulars in which the cruelty or unusual treatment consisted, and subscribe his name thereto, officially. [See § 1736, under DIPLOMATIC OFFICERS.] SEC. 5363. Every master or commander of any vessel belonging, in Title 70, Chap. 3. whole or part, to any citizen of the United States, who, during his Forcible aban being abroad, maliciously and without justifiable cause forces any officer donment of offior mariner of such vessel on shore, in order to leave him behind in any cer or mariner in foreign port or place, or refuses to bring home again all such offi- foreign port. cers and mariners of such vessel whom he carried out with him as are in a condition to return and willing to return, when he is ready to proceed on his homeward voyage, shall be punished by a fine of not more than five hundred dollars, or by imprisonment not more than six months. SEC. 1407. Seamen distinguishing themselves in battle or by extraor- Title 15, Chap. 1. dinary heroism in the line of their profession, may be promoted to for Promotion of ward warrant officers, upon the recommendation of their commanding seamen to warofficer, approved by the flag-officer and Secretary of the Navy. And rant officers Act upon such recommendation they shall receive a gratuity of one hundred of May 17, 1864. dollars and a medal of honor, to be prepared under the direction of the Navy Department. SEC. 1410. All officers not holding commissions or warrants, or who Petty officers. are not entitled to them, except such as are temporarily appointed to the duties of a commissioned or warrant officer, and except secretaries and clerks, shall be deemed petty officers, and shall be entitled to obedience, in the execution of their offices, from persons of inferior ratings. SEC. 1417. The number of persons who may at one time be enlisted into Enlisted men, the Navy of the United States, including seamen, ordinary seamen, lands- number of. men, mechanics, firemen, coal-heavers, apprentices, and boys, shall not exceed eight thousand five hundred. Term of enlist SEC. 1418. Boys between the ages of sixteen and eighteen years may be enlisted to serve in the Navy until they shall arrive at the age of ment. twenty-one years; other persons may be enlisted to serve for a period not exceeding five years, unless sooner discharged by direction of the President. [See § 1624, Art. 19, page 18.] SEC. 1419. Minors between the age of sixteen and eighteen years shall not be enlisted for the naval service without the consent of their parents or guardians. [See § 1624, Art. 19, page 18.] Consent of parents and guardians. Persons not to be enlisted. Transfer from service. SEC. 1420. No minor under the age of sixteen years, no insane or intoxicated person, and no deserter from the naval or military service of the United States shall be enlisted in the naval service. [See Art. 19.] SEC. 1421. Any person enlisted in the military service of the United States may, on application to the Navy Department, approved by military to naval the President, be transferred to the Navy or Marine Corps, to serve therein the residue of his term of enlistment, subject to the laws and regulations for the government of the Navy. But such transfer shall not release him from any indebtedness to the Government, nor, without the consent of the President, from any penalty incurred for a breach of military law. Men sent home at expiration of term of enlist SEC. 1422. *That it shall be the duty of the commanding officer of any fleet, squadron, or vessel acting singly, when on service, to send to an Atlantic or to a Pacific port of the United States, as their enlistment ment in Navy. may have occurred on either the Atlantic or Pacific coast of the United States, in some public or other vessel, all petty-officers and persons of inferior ratings desiring to go there at the expiration of their terms of enlistment, or as soon thereafter as may be, unless, in his opinion, the detention of such persons for a longer period should be essential to the Detention bepublic interests, in which case he may detain them, or any of them, un-yond term. til the vessel to which they belong shall return to such Atlantic or Pacific port. All persons enlisted without the limits of the United States may be discharged, on the expiration of their enlistment, either in a *As amended by act of March 3, 1875. Persons enlist ed without limits of United States; discharge; detention. charge. in service after arrival. foreign port or in a port of the United States, or they may be detained as above provided beyond the term of their enlistment; and that all persons sent home, or detained by a commanding officer, according to Men subject to the provisions of this act, shall be subject in all respects to the laws and regulations until return or dis. regulations for the government of the Navy until their return to an Atlantic or Pacific port and their regular discharge; and all persons so detained by such officer, or re-entering to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, shall in no How long held case be held in service more than thirty days after their arrival in said port; and that all persons who shall be so detained beyond their terms of enlistment or who shall, after the termination of their enlistment, voluntarily re-enter to serve until the return to an Atlantic or Pacific port of the vessel to which they belong, and their regular discharge therefrom, shall receive for the time during which they are so detained, This section to or shall so serve beyond their original terms of enlistment, an addition be contained in of one-fourth of their former pay: Provided, That the shipping-articles shipping-articles. shall bereafter contain the substance of this section. [See 1572, infra.] Subject to reg SEC. 1423. All persons sent home, or detained by a commanding offisent home or de cer, according to the provisions of the preceding section, shall be subject in all respects to the laws and regulations for the government of the Navy, until their return to an Atlantic port and their regular discharge. Additional pay for detention service. ulations while tained. Limit of detention. What to be con SEC. 1424. Persons so detained by a commanding officer, or re-entering to serve until the return to an Atlantic port of the vessel to which they belong, shall in no case be held in service more than thirty days after their arrival in said port. SEC. 1425. The shipping articles shall contain the substance of the tained in ship- three sections next preceding and of section fifteen hundred and seventyping-articles. two. Honorable dis- SEC. 1426. Honorable discharges may be granted to seamen, ordinary charge, to whom seamen, landsmen, firemen, coal-heavers, and boys who have enlisted for three years. granted. Form of honor able discharge. Title 15, Chap. 2. Report of men entitled to honor able discharge. To discourage ney or wages. SEC. 1427. Honorable discharges shall be granted according to a form prescribed by the Secretary of the Navy. SEC. 1429. It shall be the duty of every commanding officer of a vessel, on returning from a cruise, and immediately on his arrival in port, to forward to the Secretary of the Navy a list of the names of such of the crew who enlisted for three years as, in his opinion, on being discharged, are entitled to an "honorable discharge' as a testimonial of fidelity and obedience; and he shall grant the same to the persons so designated. SEC. 1430. Every commanding officer of a vessel is required to dissale of prize-mo- courage his crew from selling any part of their prize-money, bountymoney, or wages, and never to attest any power of attorney for the transfer thereof until he is satisfied that the same is not granted in consideration of money given for the purchase of prize-money, bounty-money, or wages. [See § 4643, PRIZE.] Duty as to granting leave and liberty. men. SEC. 1431. It shall be the duty of commanding officers of vessels, in granting temporary leave of absence and liberty on shore, to exercise carefully a discrimination in favor of the faithful and obedient. Title 15, Chap. 8. SEC. 1569. The pay to be allowed to petty officers, excepting mates, Pay of enlisted and the pay and bounty upon enlistment of seamen, ordinary seamen, firemen, and coal-heavers, in the naval service, shall be fixed by the President: Provided, That the whole sum to be given for the whole pay aforesaid, and for the pay of officers, and for the said bounties upon enlistments shall not exceed, for any one year, the amount which may, in such year, be appropriated for such purposes. heavers. Additional pay SEC. 1570. Every seaman, ordinary seaman, or landsman who performs for serving as the duty of a fireman or coal-heaver on board of any vessel of war shall firemen and coal- be entitled to receive, in addition to his compensation as seaman, ordinary seaman, or landsman, a compensation at the rate of thirty-three cents a day for the time he is employed as fireman or coal-heaver. Detention be- SEC. 1572. All petty officers and persons of inferior ratings who are deyond term of en- tained beyond the terms of service, according to the provisions of section listment. fourteen hundred and twenty-two, or who, after the termination of their service, voluntarily re-enter, to serve until the return to an Atlantic port of the vessel to which they belong, and until their regular discharge therefrom, shall, for the time during which they are so detained or so serve beyond their original terms of service, receive an addition of onefourth of their former pay. SEC. 1573. If any seaman, ordinary seaman, landsman, fireman, coal- Bounty-pay for heaver, or boy, being honorably discharged, shall re-enlist for three re-enlisting. years, within three months thereafter, he shall, on presenting his honorable discharge, or on accounting in a satisfactory manner for its loss, be entitled to pay, during the said three months, equal to that to which he would have been entitled if he had been employed in actual service. SEA-SERVICE. SEC. 1571. No service shall be regarded as sea service except such as Title 15, Chap. 8. shall be performed at sea, under the orders of a Department and in vesSea-service. sels employed by authority of law. SEC. 1367. The Admiral and Vice-Admiral shall each be allowed a sec- Title 15, Chap. 1. retary, who shall be entitled to the rank and allowances of a lieutenant Secretaries to in the Navy. Admiral and fleet and others. SEC. 1386. Paymasters of the fleet, paymasters on vessels having complements of more than one hundred and seventy-five persons, on supply- masters of the steamers, store-vessels, and receiving ships, paymasters at stations and at the Naval Academy, and paymasters detailed at stations as inspectors of provisions and clothing, shall each be allowed a clerk. SEC. 1387. No paymaster shall be allowed a clerk in a vessel having. When not althe complement of one hundred and seventy-five persons or less, excepting in supply-steamers and store-vessels. lowed to paymas ters. Clerks of pass SEC. 1388. Passed assistant paymasters and assistant paymasters attached to vessels of war shall be allowed clerks, if clerks would be ed assistant and assistant payallowed by law to paymasters so attached. masters. SEC. 1416. The Secretary of the Navy is authorized, when in his opinion Civil offices at the public interest will permit it, to discontinue the office or employment yards may be discontinued by Secof any measurer and inspector of timber, clerk of the yard, clerk of the retary of the commandant, clerk of the store-keeper, clerk of the naval constructor, Navy. and the keeper of the magazine employed at any navy-yard, and to require the duties of the keeper of the magazine to be performed by gun ners. SEC. 1556. Secretaries to the Admiral and the Vice-Admiral, each two Title 15, Chap. 8. thousand five hundred dollars. Secretaries to commanders of squadrons, two thousand dollars. lars. Clerks to commanders of squadrons and commanders of vessels, seven hundred and fifty dollars. Pay of secretary to Admiral and Vice-Admiral. Secretaries to commanders of squadrons and Naval Academy. Clerks to commanders of squadrons, &c. First clerks to commandants of navy-yards, one thousand five hundred Clerks to com dollars. Second clerks to commandants of navy-yards, one thousand two hundred dollars. mandants of yards and sta tions. Clerk to commandant of navy-yard at Mare Island, one thousand eight hundred dollars. Clerks to commandants of naval stations, one thousand five hundred dollars. Clerks to paymasters at navy-yards, Boston, New York, Philadelphia, Clerks to payand Washington, one thousand six hundred dollars; Kittery, Norfolk, masters of yards and Pensacola, one thousand four hundred dollars; Mare Island, one thousand eight hundred dollars. Clerks to paymasters, at other stations, one thousand three hundred dollars. Clerks to paymasters of receiving-ships at Boston, New York, and Philadelphia, one thousand six hundred dollars; at Mare Island, one thousand eight hundred dollars; of other receiving-ships, one thousand three hundred dollars. and stations. Clerks to paymasters of receiving-ships, &c. |