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SEC. 5385. Every person who, within any fort, dock-yard, navy-yard, Title 70, Chap. 3. arsenal, armory, or magazine, the site whereof is under the jurisdiction Arson of dwellof the United States, or on the site of any light-house, or other needful ing house within building belonging to the United States, the site whereof is under their a fort, &c. Jurisdiction, willfully and maliciously burns any dwelling-house, or mansion-house, or any store, barn, stable, or other building, parcel of any dwelling or mansion-house, shall suffer death.

3 March, 1825, s. 1, v. 4, p. 115.

Arson of armo

SEC. 5386. Every person who, in any of the places mentioned in the preceding section, maliciously sets tire to, or burns, any arsenal, armory, ty. arsenal, &c. magazine, rope-walk, ship-house, warehouse, block-house, or barrack, or any store-house, barn, or stable, not parcel of a dwelling-house, or any other building not mentioned in such section, or any vessel built, or begun to be built, or repairing, or any light-house, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, shall be punished by a fine of not more than five thousand dollars, and by imprisonment at hard labor not more than ten years.

Idem, s. 2.

Arson of vessel

SEC. 5387. Every person who maliciously sets on fire, or burns, or otherwise destroys, auy vessel of war of the United States, afloat on the of war. high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, shall suffer death.

Idem, s. 11, p. 117.

Prohibition on increase of force.

No increase of the force at any navy-yard shall be made at any time 30 June, 1876. within sixty days next before any election to take place for President of the United States, or member of Congress, except when the Secretary of the Navy shall certify that the needs of the public service make such increase necessary at that time, which certificate shall be immediately published when made.

30 June, 1876, v. 19, p. 65.

(See also under SECRETARIES and CLERKS.)

5 Aug., 1882. Wet-dock at

That the Secretary of the Navy be, and he is hereby, authorized and directed to ascertain on what terms can be had such additional lands and water front contiguous to the Norfolk navy-yard as are deemed Norfolk. necessary for the construction of a wet-dock, and such other works as are demanded for the sufficient capacity and efficiency of that yard; and that he report the result of such negotiations to the next session of Congress.

5 Aug., 1882, P. E. L., p. 289. [Naval appropriation act. ]

That the Secretary of the Navy shall appoint a commission, to con- Navy yard sist of three persons, one of whom shall be appointed from the line offi- commission. cers and one from the staff officers of the Navy, and one from civil life, which commission shall consider and report to the next session of Congress upon the question whether it is advisable to sell any of the navyyards, and, if so, which; and as to each of said yards said commission shall report as to its cost, its area, its present value, including in separate items the value of the land, structures, machinery, and other personal property; the depth of water at the yard, and whether it remains and will remain at such depth, or will require expense to keep open its water communication; its condition as to being in working order or otherwise; the condition and value of its "plant" in the different departments; its advantages and disadvantages as a naval station, and for the construction of vessels; its probable value for other purposes, in case the yard is discontinued; whether there is any demand for the yard for mercantile or other purposes; whether it can probably be sold, and at what price, in case of discontinuance; the annual cost during each of the past fifteen years of maintaining it; the value of what it has produced during each of said years, so far as it can be ascertained; its value or necessity for purposes of defense on that part of the coast where it is situated, or in general, and also as regards any city in its vicinity;

7 Aug., 1882.

Coaling dock, Port Royal.

3 March, 1883.

Coaling station at Port Royal.

and any other facts which such commission may deem useful or advisable to report in regard to this question.

Idem.

NOTE. The sundry civil act of March 3, 1883, appropriated $1,500 for the expenses and services of the civil commissioner and the incidental expenses of the commission.

For establishing and completing a coaling-dock and naval storehouse at Port Royal Harbor, South Carolina, twenty thousand dollars, the site for said coaling-dock and naval storehouse to be located by a board of naval officers appointed by the Secretary of the Navy for that purpose.

7 Aug., 1882. P. E. L., p. 324. [Sundry civil act.]

That the Secretary of the Navy be, and he is hereby, authorized to purchase a site for a coaling dock and naval storehouse at Port Royal, South Carolina, located by the board of naval officers in pursuance of the provisions of an act entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes," approved August seventh, eighteen hundred and eighty three, and the sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated for that purpose, out of any money in the Treasury not otherwise appropriated.

3 March, 1883, P. E. L., p. 627. [Sundry civil act.]

3 March, 1883. That the President of the United States is hereby authorized and reEstablishment quested to select from the Army and Navy six officers, who shall conof a Government stitute a board for the purpose of examining and reporting to Congress foundry. which of the navy-yards or arsenals owned by the Government has the best location and is best adapted for the establishment of a government foundry, or what other method, if any, should be adopted for the manufacture of heavy ordnance adapted to modern warfare, for the use of the Army and Navy of the United States, the cost of all, buildings, tools, and implements necessary to be used in the manufacture thereof, including the cost of a steam-hammer or apparatus of sufficient size for the manufacture of the heaviest guns; and that the President is further requested to report to Congress the finding of said board at as early a date as possible; Provided, That no extra compensation shall be paid the officers serving on the board hereby created.

7 Aug., 1882.

3 March, 1883, P. E. L., p. 474. [Naval appropriation act.]

For repairing and extending wharf and the erection of boat-houses on Coasters' Harbor Island, five thousand dollars. And the cession by Training sta the State of Rhode Island to the United States of said Island for use tion, Coasters Harbor Island. as a Naval Training Station is hereby accepted.

5 Aug., 1882. Suspension

work.

of

7 Aug., 1882. Sundry civil act. P. E. L., p. 324.

For continuation of the wharf and for a rigging and sail loft and drill-hall on Coasters' Harbor Island, forty-five thousand dollars. 3 March, 1883, P. E. L., p. 620. [Sundry civil act.]

CLOSING OF YARDS.

For the civil establishment at navy-yards and stations, eighteen thousand nine hundred and fifty-three dollars and twelve cents: Provided, That if the Secretary of the Navy shall find that work at all the navyyards now maintained cannot be carried on during the current fiscal year with advantage to the service and economy to the Government for the amounts in this act appropriated for the maintenance of and civil establishment at the navy-yards, he shall not make any deficiency for these purposes, but he shall suspend work at those yards where he finds Closing of yards. it can best be dispensed with, and shall close such yards and transfer all perishable property and stores therefrom to other yards for use therein, and report the facts and the reasons governing his action to the next session of Congress; and at the yards so closed only such officers and employés shall be retained as are necessary to preserve and take care of the property of the Government, and all other persons shall be transferred or discharged: Provided further, That the navyyard at Washington, District of Columbia, may, at the discretion of the Secretary of the Navy, be maintained as a manufacturing yard for the Bureaus of Equipment and Recruiting and Ordnance, and that

Exceptions.

work may be continued in the rope-walk in the Boston navy-yard: And provided further, That nothing herein shall be held to interfere with the permanent improvement of any navy-yard as now authorized by law, or the expenditure for such purpose of any money appropriated by Congress therefor.

5 Aug., 1882, P. E. L., p. 289.

(See also PUBLIC PROPERTY, Part III, as to inventories and sale of old materials.)

PAY CORPS.*

Sec.

(See also ACCOUNTS and DISBURSING OFFICERS, Part III.)

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Sec.

1388. Clerks of passed assistant and assistant paymasters.

1389. Loans to officers by paymasters.

1432. Commanding officers not required to act as paymasters.

1471. Rank Paymaster-General.

1475. Rank generally.

1481. Rank of retired officers.

1527. Storekeeper at Naval Academy.
1556. Pay.

1564. Vacancies occurring at sea.

SEC. 425. The Chief of the Bureau of Provisions and Clothing shall be appointed from the list of paymasters of the Navy of not less than ten years' standing. [See 1471 and 1481.]

5 July, 1862, s. 1, v. 12, p. 510.

SEC. 1376. The active list of the Pay Corps of the Navy shall consist of thirteen pay directors, thirteen pay inspectors, forty paymasters, twenty passed assistant paymasters, and ten assistant paymasters. 3 March, 1871, s. 6, v. 16, p. 536.

15 July, 1870, s. 11, v. 16, p. 334.

5 Aug., 1882, P. E. L., p. 284.

[The naval appropriation act, approved March 3, 1883, provides that thereafter only one-half of the vacancies in the Pay Corps shall be filled by promotion until the number in each grade is reduced to that fixed by the act of August 5, 1882, § 1376.]

*Pay does not include rations or subsistence.-Op. II, 420, 593. The word "pay" in acts of Congress concerning compensation of officers of the Army, Navy, and Marine Corps does not embrace the emoluments or allowances which are given by law in the absence of a clearly expressed intention to that effect.-Levant." case, Op. X, 284. The word emolument," in military statutes, includes every allowance or perquisite annexed to an office for the benefit of the officer, and by way of compensation for services. Quarters are so given, and whether in money or in kind, are none the less an emolument. Pay and emoluments include quarters.-Op. IX, 281. "Compensation" is equivalent to the words "pay" or "salary;" does not include rations nor extra expenses.-Op. 11, 593; III, 152.

It is within the authority of Congress to reduce the pay or allowances of officers and soldiers at any time during their period of service or enlistment. It cannot be done by executive authority or military authority; nor can a soldier's pay be withheld except in pursuance of law or sentence.-Winthrop, 366.

Where an act of Congress fixes the compensation of an officer of the Government it can neither be enlarged nor diminished by any regulation or order of the President or of a Department, unless the power to make the same is given by act of Congress.— Goldsborough v. United States, Taney, 80.

An officer or soldier cannot be dismissed, discharged, or mustered out as of a prior date with the effect of depriving him of pay accrued between that date and the date of the actual discharge, &c.-Winthrop's Digest, 362.

It is not within the power of the executive department, or any branch of it, to reduce the pay of an officer of the Army.-Winthrop, p. 366; quotes 23 Wallace, 416. So long as a person is in the Army or the Navy he is entitled to receive the pay belonging to the position, unless he has forfeited it in accordance with the provisions of law. Op. XIII. 104, June 16, 1869.-Op. XV, 175, Nov. 9, 1876.

An officer is entitled to the salary allowed by law, and is not limited to the amount appropriated by Congress.-C. C., I, 380.

An officer's pay account" is not commercial paper, but in its legal aspect a mere receipt. If assigned, and payment made to the assignee, the name of the latter on the back does not make him responsible to the paymaster as an indorser, on ascer taining that the officer had already drawn his pay for the month.-Winthrop's Digest, 361.

A paymaster on shore duty at a navy yard is not entitled to pay for sea duty, though required by the Secretary of the Navy, in addition to his regular duties, to take charge of the accounts of certain iron-clads temporarily at anchor off the yard and in commission for sea service.-Carpenter's case, C. C., XV, 247.

Graduated pay of officers: See Op. X, p. 97, Aug. 13; p. 101, Aug. 19, 1861; and p. 326, Aug. 28, 1862.

Title 10.

Title 15, Chap.1.
Pay Corps,

number of.

Appointments, how made.

Qualifications

masters

SEC. 1378. All appointments in the Pay Corps shall be made by the President, by and with the advice and consent of the Senate.

22 June, 1860, s. 3, v. 12, p. 83. 3 May, 1866, s. 1, v. 14, p. 43.

30 March, 1812, s. 6, v. 2, p. 699. 17 July, 1861, s. 1, v. 12, p. 258. SEC. 1379. No person shall be appointed assistant paymaster who is, of assistant pay at the time of such appointment, less than twenty-one or more that twenty-six years of age; nor until his physical, mental, and moral qualifications have been examined and approved by a board of paymasters appointed by the Secretary of the Navy, and according to such regulations as he may prescribe.

Order of promotion.

17 July, 1861, s. 2, v. 12, p. 258.

SEC. 1380. Passed assistant paymasters shall be regularly promoted and commissioned from assistant paymasters, and paymasters from passed assistant paymasters; subject to such examinations as may be prescribed by the Secretary of the Navy. [See March 3, 1883, under PROMOTION.] 17 July, 1861, s. 5, v. 12, p. 258. 3 May, 1866, s. 1, v. 14, p. 43. Acting appoint- SEC. 1381. When the office of paymaster or assistant paymaster bements on ships at comes vacant, by death or otherwise, in ships at sea, or on foreign stations, or on the Pacific coast of the United States, the senior officer present may make an acting appointment of any fit person, who shall perform the duties thereof until another paymaster or assistant paymaster shall report for duty, and shall be entitled to receive the pay of such grade while so acting. [See § 1564.]

sea.

Paymasters of the fleet.

Bonds.

New bonds.

Bond not affect

mission.

17 July, 1861, s. 4, v. 12, p. 258.

SEC. 1382. The President may designate among the paymasters in the service, and appoint to every fleet or squadron a paymaster, who shall be denominated "paymaster of the fleet."

24 May, 1828, s. 2, v. 4, p. 313, 21 April, 1864, s. 7, v. 13, p. 54. SEC. 1383. Every paymaster, passed assistant paymaster, and assistant paymaster shall, before entering on the duties of his office, give bond, with two or more sufficient sureties, to be approved by the Secretary of the Navy, for the faithful performance thereof. Paymasters shall give bonds in the sum of twenty-five thousand dollars, passed assistant paymasters in the sum of fifteen thousand dollars, and assistant paymasters in the sum of ten thousand dollars.

30 March, 1812, s. 6, v. 2, p. 699.
1 March, 1817, s. 1, v. 3, p. 350.
22 June, 1860, s. 3, v. 12, p. 83.

17 July, 1861, s. 5, v. 12, p. 258.
14 July, 1862, s. 1, v. 12, s. 575.
3 May, 1866, s. 2, v. 14, p. 43.

SEC. 1384. Officers of the Pay Corps ficient sureties, whenever required to Navy.

26 Aug., 1842. s. 4, v. 5, p. 535.

shall give new bonds with sufdo so by the Secretary of the

SEC. 1385. The issuing of a new appointment and commission to any ed by a new com- officer of the Pay Corps shall not affect or annul any existing bond, but the same shall remain in force, and apply to such new appointment and commission.

3 March, 1871, s. 6, v. 16, p. 536.

NOTES. An appointment, by the President, to the end of the next session of Congress, is not continued by a new appointment and commission by and with the advice and consent of the Senate. The latter is a distinct appointment, and requires a new bond. Sureties on the first not released on account of failure of the Senate to confirm the second.-United States v. Kilpatrick, 9 Wheaton, 720; United States v. Spencer, 2d McLean, 265; Op. IV, p. 30, May 20, 1842.

A bond is confined, in its obligatory force, to acts done whilst a commission has a legal continuance -Op. XV, p. 214, cites 9 Wheaton, 734.

A bond, to be accepted by the Government, ought to be executed by the obligees and not by their attorneys.-Op. IX, p. 128, Nov. 5, 1857.

The Supreme Court has repeatedly decided that the sureties of a bonded officer are only responsible for the faithful performance of his duties for the legal term of his appointment.-Op. XI, p. 286, July 11. 1865.

Bonds cover not merely duties imposed by existing law, but duties belonging to and naturally connected with the office, imposed by subsequent law, provided that the new duties have relation to such office.-United States v. Sanger, 15 Wallace, p. 112.

A paymaster's bond takes effect from the date of its approval by the Secretary of the Navy. See Op. XIV, p. 7, and 19 Howard, p. 73, as to when bonds go into effect. Under sec. 1560, R. S., the pay of a bonded officer of the Navy commences on the day of the approval, by the proper authority, of his bond.

Duties imposed on an officer different in their nature from those which he was required to perform at the time his official bond was given do not render it void as an undertaking for the faithful performance of those which he at first assumed.-Otto 97, p. 584.

Judgment cannot be rendered beyond the penalty, to be discharged on the payment of the sum actually due. Cannot exceed the penalty with interest from the breach.-United States v. Picketts, 2 Cranch C. C., 553; Farrar v. United States, 5 Peters, 373.

Memoranda of instructions. (Approved by the Navy Department.)

A bond should bear even date with or prior to the affidavits of sureties and certificates of their sufficiency.

Two or more witnesses are required to the signing and sealing of the bond. Seals of wafer or wax must be attached where indicated on the bond, opposite the places for the signatures of the principal and each surety.

Two or more sureties are required, but pay officers are advised not to divide the penalty among many sureties in small amounts. This is cumbersome and unnecessary, as each surety is bound for the full penalty of the bond.

The sureties are to be certified to by a United States judge or attorney of the district in which the sureties reside.

In case females are offered as sureties, an additional certificate will be required (from the United States judge or attorney, whose certificate is required to the sufficiency of all the sureties) to the effect that such surety is unmarried, and that she holds her property in her own right.

Pay officers will be careful to avoid erasures or alterations in any portion of the bond. The form should be neatly filled, and signatures legibly written.

A married woman may be accepted as surety on a bond if her contract is executed in a State, &c., where by statute a woman, though married, is authorized to enter into contracts and hold property in her own right precisely as if she were single. A statement should be properly added in the affidavit that the affiant is worth the sum specified in her own right.-Winthrop's Digest, p. 127. SEC. 1386. Paymasters of the fleet, paymasters on vessels having complements of more than one hundred and seventy-five persons, on supply- allowed. 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.

14 July, 1862, s. 3, v. 12, p. 565. 26 May, 1864, v. 13. p. 92.

Clerks, when

SEC. 1387. No paymaster shall be allowed a clerk in a vessel having Clerks, when the complement of one hundred and seventy-five persons or less, ex- not allowed. cepting in supply-steamers and store-vessels.

26 May, 1864, v. 13, p. 92.

SEC. 1388. Passed assistant paymasters and assistant paymasters at- Clerks of passed tached to vessels of war shall be allowed clerks, if clerks would be assistant and assistant pay masallowed by law to paymasters so attached. ters. •

3 March, 1863, s. 5, v. 12, p. 818.

SEC. 1389. It shall not be lawful for any paymaster, passed assistant Loans to offipaymaster, or assistant paymaster, to advance or loan, under any pre- cers by paymastense whatever, to any officer in the naval service, any sum of money, public or private, or any credit, or any article or commodity whatever.

26 Aug., 1842, s. 6, v. 5, p. 536. 22 June, 1860, s. 3, v. 12, p. 83.

ters.

SEC. 1432. No commanding officer of any vessel of the Navy shall be Title 15, Chap. 2. required to perform the duties of a paymaster, passed assistant paymaster, or assistant paymaster.

17 July, 1861, s. 4, v. 12, p. 258.

SEC. 1471. The Chief of the Bureau of

ing

*

Commanding officers not to act as paymasters. Provisions and Cloth Title 15, Chap. 4.

shall have the relative rank of commodore while holding

said position, and shall have the title of

#

3 March, 1871, s. 12, v. 16, p. 537.

paymaster-general.

SEC. 1475. Officers of the Pay Corps on the active list of the Navy shall have relative rank as follows:

Pay directors, the relative rank of captain.
Pay inspectors, the relative rank of commander.

Paymasters, the relative rank of lieutenant-commander or lieutenant.
Passed assistant paymasters, the relative rank of lieutenant or master.*
Assistant paymasters, the relative raak of master* or ensign.

3 March, 1871, s. 6, v. 16, p. 536.

SEC. 1481. Officers of the

*

*

Pay Corps

who shall have served faithfully for forty-five years, shall, when retired, have the relative rank of Commodore; and who have been or who shall be retired at the age of sixty-two years before having served for fortyfive 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.

3 March, 1871, s. 11, v. 16, p. 250.

*Lieuten int on the unier grade.

Rank.

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