SEC. 4202. The Secretary of the Treasury shall, from time to time, Supervising appoint a surgeon to act as supervising surgeon of marine-hospital surgeon of marine hospital service, who shall, under the direction of the Secretary, supervise all service. matters connected with the marine-hospital service, and with the disbursement of the fund for the relief of sick and disabled seamen. He shall be entitled to a salary of not more than two thousand dollars a year, and to his necessary traveling expenses. And he shall make monthly reports to the Secretary of the Treasury.* SEC. 4803. The several collectors of the customs shall respectively de- Custody, and posit, without abatement or reduction, the sums collected by them under appropriation of "fund for relief the provisions of law imposing a tax upon seamen for hospital purposes, of sick and diswith the nearest depositary of public moneys, and shall make returns abled seamen." of the same, with proper vouchers, monthly, to the Secretary of the Treasury, upon forms to be furnished by him. All such moneys shall be placed to the credit of "the fund for the relief of sick and disabled seamen;" of which fund separate accounts shall be kept in the Treasury. Such fund is appropriated for the expenses of the marine-hospital service, and shall be employed, under the direction of the Secretary of the Treasury, for the care and relief of sick and disabled seamen employed in registered, enrolled, and licensed vessels of the United States." SEC. 4804. No person employed in or connected with the navigation, management, or use of canal-boats engaged in the coasting-trade shall by reason thereof be entitled to any benefit or relief from the marinehospital fund. SEC. 4805. Sick foreign seamen may be admitted to the marine hospitals within the United States, if it can with convenience be done, on being sixty-two years old, no officer shall be retired from active service, nor shall an officer, in any case, be wholly retired from the service, without a full and fair hearing before an Army retiring-board, if, upon due summons, he demands it. SEC. 1254. Officers hereafter retired from active service shall be retired upon the actual rank held by them at the date of retirement. Persons employed on canal boats in the coasting trade excluded. Foreign seamen admitted. Retired rank. SEC. 1255. Officers retired from active service shall be withdrawn from command Status of retired and from the line of promotion. officers. Rights and lia SEC. 1255. Officers retired from active service shall be entitled to wear the uniform SEC. 1257. When any officer in the line of promotion is retired from active service, Vacancies by the next officer in rank shall be promoted to his place, according to the established retirement. rules of the service; and the same rule of promotion shall be applied, successively, to the vacancies consequent upon such retirement. SEC. 1258. The whole number of officers of the Army on the retired list shall not Number on the at any time exceed three hundred, and any less number to be allowed thereon may be retired list. fixed by the President in his discretion. SEC. 1259. Retired officers of the Army may be assigned to duty at the Soldiers' Home, Assignment to upon a selection by the commissioners of that institution, approved by the Secretary duty. of War; and a retired officer shall not be assignable to any other duty. SEC. 1260. Any retired officer may, on his own application, be detailed to serve as professor in any college. Detail as professor in a college. SEC. 1274. Officers retired from active service shall receive seventy-five per centum Title 14, Chap. 3. of the pay of the rank upon which they are retired. An act for the relief of General Samuel W. Crawford, and to fix the rank and pay of retired officers of the Army. * Officers retired from active service. March 3, 1871. Officers retired SEC. 2. That all officers of the Army who have been heretofore retired by reason of disability arising from wounds received in action shall be considered as retired upon the actual rank held by them, whether in the regular or volunteer service, at the time for disability when such wound was received, and shall be borne on the retired list and receive pay from wounds in hereafter accordingly; and this section shall be taken and construed to include those action, rank of, on now borne on the retired list placed upon it on account of wounds received in action: retired list. Provided, That no part of the foregoing act shall apply to those officers who had been Proviso. in service as commissioned officers twenty-five years at the date of their retirement; Application of nor to those retired officers who had lost an arm or leg, or has an arm or leg perma act. nently disabled by reason of resection, on account of wounds, or both eyes by reason 1868, c. 38, s. 2, of wounds received in battle; and every such officer now borne on the retired list v. 15, p. 58. shall be continued thereon notwithstanding the provisions of section two, chapter thirty-eight, act of March thirty, eighteen hundred and sixty-eight: And be it also pro Proviso. vided, That no retired officer shall be affected by this act, who has been retired or may Application of hereafter be retired on the rank held by him at the time of his retirement; and that act. all acts or parts of acts inconsistent herewith be, and are hereby, repealed." Approved March 3, 1875. *Act appropriating for sundry civil expenses.-That hereafter the salary of the supervising surgeon-general of the United States marine-hospital service shall be paid out of the marine-hospital fund, at the rate of four thousand dollars per year; and the supervising surgeon-general shall be appointed by the President, by and with the advice and consent of the Senate. Approved March 3, 1875. Repeals. March 3, 1875. the application of the master of any foreign vessel to which any such seaman may belong. Each seaman so admitted shall be subject to a charge of seventy-five cents per day for each day he may remain in the hospital, which shall be paid by the master of such foreign vessel to the collector of the collection-district in which such hospital is situated. And the collector shall not grant a clearance to any foreign vessel until the money so due from her master shall be paid. The officer in charge of each hospital is hereby directed, under penalty of fifty dollars, to make out the accounts against each foreign seaman that may be placed in the hospital under his direction, aud render the same to the collector. [See § 6, March 3, 1875.] Act to promote economy and efficiency in the marine-hospital service. SEC. 6. That sick and disabled seamen of foreign vessels and of vessels not subject to hospital-dues may be cared for by the marine hospital Sick and dis- service at such rates and under such regulations as the Secretary of the foreign vessels, Treasury may prescribe. abled seamen of &c. Supervising SEC. 7. That the compensation of the Supervising Surgeon of the Surgeon of ma- United States marine-hospital service shall be paid out of the marinerine-hospital ser-hospital fund, and the salary of the supervising surgeon shall be four vice; salary, how thousand dollars a year. paid. June 20, 1874. Secretary of the nish vessels. Condition. Approved, March 3, 1875. MARINE SCHOOLS. An act to encourage the establishment of public marine schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy, Navy may fur- to promote nautical education, is hereby authorized and empowered to furnish, upon the application in writing of the Governor of the State, a suitable vessel of the Navy, with all her apparel, charts, books, and instruments of navigation, provided the same can be spared without detriment to the naval service, to be used for the benefit of any nautical school, or school or college having a nautical branch, established at each or any of the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, and San Francisco, upon the condition that there shall be maintained, at such port, a school or branch of a school for the instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any particular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be done Detail of offi- without detriment to the public service, to detail proper officers of the Navy as superintendents of, or instructors in, such schools: Provided, That if any such school shall be discontinued, or the good of the naval service shall require, such vessel shall be immediately restored to the Restoration of Secretary of the Navy, and the officers so detailed recalled: And provided further, That no person shall be sentenced to, or received at, such Schools not for schools as a punishment or commutation of punishment for crime. penal purposes. Approved, June 20, 1874. cers. vessels. MASTERS IN THE NAVY. See LINE OFFICERS. MATES. Sec. 1408. Seamen may be rated as mates. 1409. Rating shall not discharge from enlistment. Title 15, Chap. 1. be may Seamen rated as mates. Rating shall not Sec. 1556. Pay of mates. SEC. 1408. Mates may be rated, under authority of the Secretary of the Navy, from seamen and ordinary seamen who have enlisted in the naval service for not less than two years. SEC. 1409. The rating of an enlisted man as a mate, or his appointdischarge from ment as a warrant officer, shall not discharge him from his enlistment. Title 15, Chap. 8. SEC. 1556. enlistment. * * Mates, when at sea, nine hundred dollars; on shore Pay of mates. duty, seven hundred dollars; on leave, or waiting orders, five hundred dollars. SEC. 1368. The active list of the Medical Corps of the Navy shall con- Title 15, Chap. 1. sist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, and one hundred assistant surgeons. Medical Corps ; number of. Appointment s in, how made. Appointment of assistant sur SEC. 1369. All appointments in the Medical Corps shall be made by the President, by and with the advice and consent of the Senate. SEC. 1370. No person shall be appointed assistant surgeon until he 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 geons. over twenty-six years of age. SEC. 1371. No person shall be appointed surgeon until he has served Appointment as an assistant surgeon at least two years, on board a public vessel of of surgeons. 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. examination. SEC. 1372. When any assistant surgeon was absent from the United Rank of assistStates, on duty, at the time when others of his date were examined, he ant surgeons in shall, if not rejected at a subsequent examination, be entitled to the case of delayed 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. SEC. 1373. The President may designate among the surgeons in the Surgeon of the service, and appoint to every fleet or squadron an experienced and in- fleet. telligent surgeon, who shall be denominated "surgeon of the fleet,” and shall be surgeon of the flag-ship. Duties of sur SEC. 1374. The surgeon of the fleet shall, in addition to his duties as surgeon of the flag-ship, examine and approve all requisitions for med- geon of the fleet. ical 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. SEC. 1375. A surgeon, assistant surgeon, or passed assistant surgeon, may be detailed as assistant to the Bureau of Medicine and Surgery. Details of medi cal officers to Bureau of Medicine and Surgery. Acting assist SEC. 1411. The Secretary of the Navy may appoint, for temporary service, such acting assistant surgeons as the exigencies of the service ant surgeons. may require, who shall receive the compensation of assistant surgeons. SEC. 1474. Officers of the Medical Corps on the active list of the Navy Title 15, Chap. 4. shall have relative rank as follows: Medical directors, the relative rank of captain. Medical inspectors, the relative rank of commander. Medical directors, medical inspectors, sea, four thousand four hundred dollars. * * * Rank. 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, Pay of fleet surgeons. Medical directors and inspect Assistant sur * * # three thousand seven hundred dollars; on shore duty, three thousand * 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. Title 15, Chap. 8. SEC. 1586. Expenses incurred by any officer of the Navy for medicines Medicines and and medical attendance shall not be allowed unless they were incurred medical attend- When he was on duty, and the medicines could not have been obtained from naval supplies, or the attendance of a naval medical officer could not have been had. ance. Funeral ex penses. Sec. SEC. 1587. No funeral expense of a naval officer who dies in the United States, nor expenses for travel to attend the funeral of an officer who dies there, shall be allowed. But when an officer on duty dies in a foreign country the expenses of his funeral, not exceeding his sea-pay for one month, shall be defrayed by the Government, and paid by the paymaster upon whose books the name of such officer was borne for pay. MIDSHIPMEN. See LINE OFFICERS and NAVAL ACADEMY. MURDER, MANSLAUGHTER, MAIMING, &c. Art. 6. Murder by persons on public ves sels. 5325. Punishment of death by hanging. 5327. Whipping and the pillory abolished. 5330. Pardoning power. Title 15,Chap.10. Sec. 5340. Delivery of offender's body for dissection, when. 5341. Manslaughter. 5342. Attempt to commit murder or manslaughter. 5346. Assault with a dangerous weapon. ART. 6. If any person belonging to any public vessel of the United States commits the crime of murder without the territorial jurisdiction thereof, he may be tried by court-martial and punished with death. Title 70, Chap. 1. SEC. 5326. No conviction or judgment shall work corruption of blood tion of blood or or any forfeiture of estate. forfeiture of es tate. Whipping and the pillory abolished. SEC. 5327. The punishment of whipping and of standing in the pillory shall not be inflicted. SEC. 5328. Nothing in this Title shall be held to take away or impair Jurisdiction of the jurisdiction of the courts of the several States under the laws State courts. thereof. SEC. 5329. The benefit of clergy shall not be used or allowed, upon Benefit of clergy. conviction of any crime for which the punishment is death. SEC. 5330. Whenever, by the judgment of any court or judicial officer Pardoning of the United States, in any criminal proceeding, any person is sen- power. tenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. SEC. 5339. Every person who commits murder First. Within any fort, arsenal, dock-yard, magazine, or in any other Title 70, Chap. 1. place or district of country under the exclusive jurisdiction of the United States; Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who upon any of such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. [See § 5326.] Murder. SEC. 5340. The court before which any person is convicted of murder, Delivery of of may, in its discretion, add to the judgment of death, that the body of fender's body for the offender be delivered to a surgeon for dissection; and the marshal dissection, when. who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution. SEC. 5341. Every person who, within any of the places or upon any of Manslaughter. the waters described in section fifty-three hundred and thirty-nine, unlawfully and willfully, but without malice, strikes, stabs, wounds, or shoots at, or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or sea, within or without the United States, is guilty of the crime of manslaughter. SEC. 5342. Every person who, within any of the places or upon any of Attempt to the waters described in section fifty-three hundred and thirty-nine, at- commit murder or manslaughter. tempts to commit the crime of murder or manslaughter, by any means not constituting the offense of assault with a dangerous weapon, shall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars. SEC. 5343. The punishment of manslaughter shall be imprisonment, Punishment of with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars, except as otherwise specially provided by law. mauslaughter. whose miscon SEC. 5344. Every captain, engineer, pilot, or other person employed Officers and on any steamboat or vessel, by whose misconduct, negligence, or inat- owners of steamtention to his duties on such vessel, the life of any person is destroyed, boats through and every owner, inspector, or other public officer, through whose fraud, duct, &c., life is connivance, misconduct, or violation of law, the life of any person is lost, guilty of destroyed, shall be deemed guilty of manslaughter, and, upon convic- manslaughter. tion thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years. SEC. 5345. Every person who, within any of the places or upon any Rape. of the waters specified in section fifty-three hundred and thirty-nine, commits the crime of rape shall suffer death. SEC. 5346. Every person who, upon the 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, on board any vessel belonging in whole or part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be Assault with a dangerous weapon. |