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SEC. 1375. A surgeon, assistant surgeon, or passed assistant surgeon, Detail of medimay be detailed as assistant to the Bureau of Medicine and Surgery, cal officer to Buwho shall receive the highest shore-pay of his grade.

16 July, 1862, s. 18, v. 12, p. 587. 27 Feb., 1877, v. 19, p. 244. NOTE.-By the act of 27 Feb, 1877, section 1375 was to have the same effect as though the amendment (in italics) had been enacted therein.

reau as assistant.

SEC. 1411. The Secretary of the Navy may appoint, for temporary Acting assistservice, such acting assistant surgeons as the exigencies of the service ant surgeons. may require, in case of war only, who shall receive the compensation of

assistant surgeons.

15 July, 1870, s. 13, v. 16, p. 334. 3 March, 1865, s. 6, v. 13, p. 539.
15 Feb., 1879, s. 2, v. 20, p. 295.

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* Title 15, Chap. 4.

SEC. 1471. The chief of the Bureau of Medicine and Surgery shall have the relative rank of commodore while holding said position, and shall have the title of Surgeon-General.

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

Rank and title of

chief of Bureau.

Retired from

by position of chief

SEC. 1473. Officers who have been or who shall be retired from the position of chief of the Bureau of Medicine and Surgery, reason of age or length of service, shall have the relative rank of commodore.

Idem.

of Bureau.

SEC. 1474. Officers of the Medical Corps on the active list of the Navy Relative rank of shall have relative rank as follows:

Medical directors, the relative rank of captain.

Medical inspectors, the relative rank of commander..

Surgeons, the relative rank of lieutenant-commander or lieutenant.
Passed assistant surgeons, the relative rank of lieutenant of master.
Assistant surgeons, the relative rank of master* or ensign.

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medical officers.

Retired for age

shall have served faithfully for forty-five years, shall, when retired, or length of serv have the relative rank of commodore; and who have been ice. 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.

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When not at sea, the same as surgeons and paymasters, respectively. Surgeons, during the first five years after date of commission, when at sea, two thousand eight hundred dollars; on shore duty, two thousand four hundred dollars; on leave, or waiting orders, two thousand dollars; during the second five years after such date, when at sea, three thousand two hundred dollars; on shore duty, two thousand eight hundred dollars; on leave, or waiting orders, two thousand four hundred dollars; during the third five years after such date, when at sea, three thousand five hundred dollars; on shore duty, three thousand two hundred dollars; on leave, or waiting orders, two thousand six hundred dollars; during the fourth five years after such date, when at sea, three thousand seven hundred dollars; on shore duty, three thousand six hundred dollars; on leave, or waiting orders, two thousand eight hundred dollars; after twenty years from such date, when at sea, four thousand two hundred dollars; on shore duty, four thousand dollars; on leave, or waiting orders, three thousand dollars.

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Passed assistant surgeons, during the first five years after date of appointment, when at sea, two thousand dollars; on shore duty, one thousand eight hundred dollars; on leave, or waiting orders, one thousand five hundred dollars; after five years from such date, when at sea, two thousand two hundred dollars; on shore duty, two thousand dollars; on leave, or waiting orders, one thousand seven hundred dollars.

NOTE. The words "after date of appointment," and "from such date," sec. 1556, fixing the annual pay of passed assistant surgeons of the Navy, refer not to the original entry of the officer into the service as an assistant surgeon, but to

* Lieutenant of the junior grade. (Act of March 3, 1883.) 11181-4

ors.

Surgeons.

Passed assistant surgeons.

Assistant sur

geons.

Assistant sur

the notification by the Secretary of the Navy that he has passed his examination for promotion to the grade of surgeon, and will thereafter, until such promotion, be considered as a passed assistant surgeon. A passed assistant surgeoncy is an office, and the notification of the Secretary of the Navy is a valid appointment to it.-United States v. Moore, Otto, 95, 760.

Assistant surgeons, during the first five years after date of appointment, when at sea, one thousand seven hundred dollars; on shore duty, one thousand four hundred dollars; on leave, or waiting orders, one thousand dollars; after five years from such date, when at sea, one thousand nine hundred dollars; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars.

Assistant surgeons of three years' service, who have been found qualgeons qualified ified for promotion by a medical board of examiners, the pay of passed for promotion. assistant surgeons.

15 July, 1870, s. 3, v. 16, pp. 330, 331.
3 March, 1871, 86. 5, 6, v. 16, pp. 535,536.
3 March, 1873, s. 1, v. 17, p. 555.

Sec.

436. Superintendent, pay of. Printing and sale.

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11 Feb., 1880.

Printing and sale of.

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SEC. 436. The Secretary of the Navy may place the supervision of the Nautical Almanac in charge of any officer or professor of mathematics in the Navy who is competent for that service. Such officer or professor, when so employed, shall be entitled to receive the shore-duty pay of his grade, and no other.

3 March, 1857, 3, v. 11, p. 246.

That there shall be printed annually at the Government Printing Office fifteen hundred copies of the American Ephemeris and Nautical Almanac and of the papers supplementary thereto, of which one hundred shall be for the use of the Senate, four hundred for the House of Representatives, and one thousand for the public service, to be distributed by the Navy Department.

SEC. 2. That additional copies of the Ephemeris and of the Nautical Almanac extracted therefrom may be ordered by the Secretary of the Navy for sale: Provided, That all moneys received from such sale shall be deposited in the Treasury to the credit of the appropriation for public printing.

11 Feb., 1880, v. 21, p. 301.

3 March, 1883. Nautical Almanac Office: For the following assistants, namely: Three at one thousand six hundred dollars each; two at one thousand four Civil employés hundred dollars each; three at one thousand two hundred dollars each; two at one thousand dollars each; one assistant messenger; and one copyist, at four hundred and eighty dollars; in all, fourteen thousand four hundred dollars.

For pay of computers on piece-work in preparing for publication the American Ephemeris and Nautical Almanac, and improving the Tables of the Planets, eight thousand six hundred dollars. 3 March, 1883, P. E., L., p. 554. [Legislative act.]

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SEC. 1483. Graduates of the Naval Academy shall take rank accord- Title 15, Chap. 4.

ing to their proficiency as shown by their order of merit at the date of Rank of gradu

graduation.

23 May, 1872, s. 1, v. 17, p. 153.

NOTE.-The positions given the midshipmen on their final examination (sections 1483 and 1521) cannot be disturbed. See Ops. XI, p. 158; XV, p. 637; XVI, p. 296; Court of Claims, X, p. 474; Op. Aug. 12, 1881.

ates of Naval Academy.

SEC. 1511. The Naval Academy shall be established at Annapolis, in Title 15, Chap. 5. the State of Maryland.

21 May, 1864, s. 4, v. 13, p. 85.

SEC. 1512. [Superseded by act of August 5, 1882, as follows:] Provided, That hereafter there shall be no appointments of cadet-midshipmen or cadet-engineers at the Naval Academy, but in lieu thereof naval cadets shall be appointed from each Congressional district and at large, as now provided by law for cadet-midshipmen, and all the undergraduates at the Naval Academy shall hereafter be designated and called "naval cadets;" and from those who successfully complete the six years' course appointments shall hereafter be made as it is necessary to fill vacancies in the lower grades of the line and Engineer Corps of the Navy and of the Marine Corps: And provided further, That no greater number of appointments into these grades shall be made each year than shall equal the number of vacancies which has occurred in the same grades during the preceding year; such appointments to be made from the graduates of the year, at the conclusion of their six years' course, in the order of merit, as determined by the academic board of the Naval Academy; the assignment to the various corps to be made by the Secretary of the Navy upon the recommendation of the academic board. nothing herein contained shall reduce the number of appointments from such graduates below ten in each year, nor deprive of such appointment any graduate who may complete the six years' course during the year eighteen hundred and eighty-two. And if there be a surplus of graduates, those who do not receive such appointment shall be given a certificate of graduation, an honorable discharge, and one year's sea-pay, as now provided by law for cadet-midshipmen; and so much of section fifteen hundred and twenty-one of the Revised Statutes as is inconsistent herewith is hereby repealed.

But

That any cadet whose position in his class entitles him to be retained in the service may, upon his own application, be honorably discharged at the end of four years' course at the Naval Academy, with a proper certificate of graduation.

5 Aug., 1882, P. E. L., p. 285.

SEC. 1513. There shall be allowed at said Academy one naval cadet for every Member or Delegate of the House of Representatives, one for the District of Columbia, and ten appointed annually at large: Provided, however, That there shall not be at any time more in said Academy appointed at large than ten.

2 March, 1867, s. 8, v. 14, p. 517.
15 July, 1870, s. 12, v. 16, p. 334.

17 June, 1878, v. 20, p. 143.
5 Aug., 1882, P. E., p. 285.

NCTE. A joint resolution, approved July 25, 1868, v. 15, p. 261, authorizes the Secretary of the Navy to receive for instruction at the Naval Academy, not exceeding six persons, to be designated by the government of the empire of Japan, provided that no expense shall thereby accrue to the United States; and that the Secretary of the Navy may, in the case of the said persons, modify or dispense with any provisions of the rules and regulations of the said Academy which circumstances may, in his opinion, render necessary or desirable.

Where established.

Title of stu

dents.

Number of na

val cadets.

SEC. 1514. The Secretary of the Navy shall, as soon after the 5th of Nomination of March in each year as possible, notify, in writing, each Member and candidates. Delegate of the House of Representatives of any vacancy that may exist in bis district. The nomination of a candidate to fill said vacancy shall be made upon the recommendation of the Member or Delegate, if such recommendation is made by the first day of July of that year; but if it is not made by that time, the Secretary of the Navy shall fill the vacancy. The candidate allowed for the District of Columbia and all the candidates appointed at large shall be selected by the President.

16 July, 1862, s. 11, v. 12, p. 585.

SEC. 1515. All candidates for admission into the Academy shall be Examination of examined according to such regulations and at such stated times as the candidates. Secretary of the Navy may prescribe. Candidates rejected at such examination shall not have the privilege of another examination for

Second recom mendation.

Qualifications.

Appropriations, how applied.

admission to the same class, unless recommended by the board of examiners.

17 April, 1866, s. 5, v. 14, p. 38.

16 July, 1862, s. 11, v. 12, p. 585. NOTE.-Section 1515 is to be read as if the dates fixed by the regulations of the Academy for the examination of candidates for admission were inserted therein; and hence by the existing law the season for recommendations and nominations of naval cadets begins after the 5th of March and expires on the 22d of September in each year -Op. XVI, p. 621. This opinion was given in the case of a member whose candidates, sent down in June, and September failed, and he wished to send another in January following. It was held that no nomination could be made until after the 5th of March.

SEC. 1516. When any candidate who has been nominated upon the recommendation of a Member or Delegate of the House of Representatives is found, upon examination, to be physically or mentally disqualified for admission, the Member or Delegate shall be notified to recommend another candidate, who shall be examined according to the provisions of the preceding section.

16 July, 1862, s. 11, v. 12, p. 585. 17 July, 1866, s. 5, v. 14, p. 38. SEC. 1517. Candidates allowed for congressional districts, for Territories, and for the District of Columbia must be actual residents of the districts or Territories, respectively, from which they are nominated. And all candidates must, at the time of their examination for admission, be between the ages of fourteen and eighteen years, and physically sound, well formed, and of robust constitution.

14 July, 1862, s. 9. v. 12, p. 565. 16 July, 1862, s. 11, v. 12, p. 585. 1 April, 1864, s. 2, v. 13, p. 39.

NOTE. A candidate under fourteen or over eighteen years of age is not between the two ages, and cannot be appointed.-Op. 10, p. 315, July 29, 1862. For further discussion of the subject of appointments see Op. 10, pp. 46, 495. Op. 16, p. 621.

[The naval appropriation act of March 3, 1883, provides for the actual and necessary traveling expenses of naval cadets while proceeding from their homes to the Naval Academy for examination and appointment as naval cadets. Such expenses are not allowed to those not appointed.]

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SEC. 1518. No money appropriated for the support of the Naval Academy shall be applied to the support of any naval cadet appointed otherwise than in strict conformance with the provisions of this chapter. 5 Aug., 1882, P. E. L., p. 285. SEC. 1519. Naval cadets found deficient at any examination shall not men found defi- be continued at the Academy or in the service unless upon the recommendation of the academic board.

Cadet-midship

cient.

21 May, 1864, s. 1, v. 13, p. 84.

16 July, 1862, s. 11, v. 12, p. 585. 5 Aug., 1882, P. E. L., p. 285. NOTES.-Under section 1519 the Secretary of the Navy has no right to continue at the Academy cadets found at any examination deficient in their studies, without the recommendation of the Academic Board.-Op. XV, p. 634.

By statutory definition, cadets are not to be included, in general, in legislation confined to "officers" of the Navy.-Idem.

Cadets, after the four years course, are not entirely emancipated from probationary study; they are students at sea.-Op. XVI, p. 296.

Academic SEC, 1520. The academic course of naval cadets shall be six years.

course.

Promotion to midshipmen.

Constructors

neers.

3 March, 1873, s. 1, v. 17, p. 555, 5 Aug., 1882, P. E. L., p. 285. NOTE Under the act of July 4, 1864, s. 5, v. 13, p. 393, the academic course of cadet engineers was two years, and by the act of 3 March, 1873, s. 1, v. 17, p. 555, the course of instruction was made four years, including two years of service in naval steamers, in addition to the period at the Naval Academy now provided by law." An act approved Feb. 24, 1874, s. 2, v. 18, p. 17, provided that after the 30th of June, 1874, the course of instruction at the Naval Academy for cadet engineers should be four years, instead of two, the provision to first apply to the class of cadet engineers entering the Academy in the year 1874, and to all subsequent classes.

SEC. 1521. When cadet midshipmen shall have passed successfully the graduating examination at the Academy, they shall receive appointments as midshipmen and shall take rank according to their proficiency as shown by the order of their merit at date of graduation. [See sec. 1512, and note under sec. 1483.]

15 July, 1870, s. 12, v. 16, p 334.

NOTE. This section has been entirely altered by the act of August 5, 1882, as given in section 1512, above, and the act of March 3, 1883, under LINE OFFICERS, changing the title of midshipman to that of ensign.

SEC. 1522. The Secretary of the Navy is authorized to make provision, and steam-engi- by regulations issued by him, for educating at the Naval Academy, as naval constructors or steam engineers, such midshipmen and cthers as may show a peculiar aptitude therefor. He may, for this purpose, form

a separate class at the Academy, to be styled cadet engineers, or otherwise afford to such persons all proper facilities for such a scientific mechanical education as will fit them for said professions.

4 July, 1864, s. 1, v. 13, p. 393.

NOTE.-While so much of this section as authorized the formation of a class to be styled cadet engineers is, in effect, repealed by the act of August 5, 1882, sec. 1512, ante., there still seems to be authority left to educate at the Acad. emy persons for constructors, at least.-See, in this connection, next paragraph. That the Secretary of the Navy may prescribe a special course of study and training at home or abroad for any naval cadet.

5 Aug., 1882, P. E. L., p. 285.

NOTE. The deficiency act approved March 3, 1883, appropriates nine hundred dollars for tuition of two naval cadets at the Royal Naval College, Greenwich, and the naval appropriation act approved March 3, 1883, contains an item under Contingent Navy "for cost of special instruction abroad."

5 Aug., 1882.

Special course.

SEC. 1526. The Secretary of the Navy shall arrange the course of Title 15, Chap.Ḥ. studies and the order of recitations at the Naval Academy so that the Studies not to students in said institution shall not be required to pursue their studies be pursued on on Sunday. Sunday.

15 July, 1870, s. 21, v. 16, p. 319.

the Academy.

SEC. 1527. The store-keeper at the Naval Academy shall be detailed Store-keeper at from the Paymaster's Corps, and shall have authority, with the approval of the Secretary of the Navy, to procure clothing and other necessaries for the naval cadets in the same manner as supplies are furnished to the Navy, to be issued under such regulations as may be prescribed by the Secretary of the Navy.

2 March, 1867, s. 4, v. 14, p. 516. 5 Aug., 1862, P. E. L., p. 285.

SEC. 1528. Three professors of mathematics shall be assigned to duty Professors of at the Naval Academy, one as professor of ethics and English studies, and drawing. ethics, Spanish, one as professor of the Spanish language, and one as professor of drawing.

21 May, 1864, s. 3, v. 13, p. 85.

NOTE. The three professors of mathematics for duty at the Naval Academy (ethics and English, Spanish, and drawing), should be commissioned as professors of mathematics, under this section, after passing the examination required by act of January 21, 1881.-Op. May 18, 1881, McVeagh. SEC. 1556. * * Cadet midsipmen, five hundred dollars. During such period of their course of instruction as they shall be at sea in other than practice-ships, not exceeding nine hundred and fifty dollars.

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That the pay of naval cadets shall be that now allowed by law to cadet midshipmen.

5 Aug., 1882, P. E. L., p. 285.

NOTE.-Cadet engineers who complete the six years' course, pass successfully, and are subsequently commissioned assistant engineers, to fill vacancies, are entitled to the pay of the latter grade from the date they take rank therein, when subsequent to the vacancies they are appointed to fill. The words " any officer of the Navy," act June 22, 1874, chap. 392, sec. 1, comprehend cadet engineers. They are officers within the meaning of sections 1557 and 1558, and of a class subject to examination, sec. 1562. The signification of the word "offi cer," art. 36, sec. 1624, as given in Op. 15, p. 635, has reference to the sense in which that word is used in said article, between which and the statutory provisions herein cited there is no connection.-Op. April 10, 1882, Brewster.

Title 15, Chap. 8.

Pay of cadetmidshipmen.

5, Aug., 1882. Pay of naval cadets.

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

28 July, 1866, s. 8, v. 14, p. 322. 28 Feb., 1867, s. 2, v. 14, p. 416.
5 Aug., 1882, P. E., p. 285,

NOTE.- Although the title of midshipman has been abolished or merged in
that of ensign, constituting a junior grade thereof, the latter continue entitled
to a ration.

Rations.

Hazing at Na

In all cases when it shall come to the knowledge of the superintend- 23 June, 1874. ent of the Naval Academy, at Annapolis, that any naval cadet has been guilty of the offense commonly known as hazing, it shall be the duty of val Academy. said superintendent to order a court-martial, composed of not less than three commissioned officers, who shall minutely examine into all the Offenders to be facts and circumstances of the case and make a finding thereon; and any court-martialed. naval cadet found guilty of said offense by said court shall, upon recom

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