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Rule for nam. SEC. 1531. The vessels of the Navy shall be pamed by the Secretary ing
of the Navy, under the direction of the President, according to the following rule:
Sailing-vessels of the first class shall be named after the States of the Union, those of the second class after the rivers, those of the third class after the principal cities and towns, and those of the fourth class as the President may direct.
Steamships of the first class shall be named after the States of the Union, those of the second class after the rivers and principal cities and
towns, and those of the third class as the President may direct. Two vessels SEC. 1532. Care shall be taken that not more than one vessel in the not to bear the Navy shall bear the same name. same name.
Names of pur. SEC. 1533. The Secretary of the Navy may change the names of any chased vessels. vessels purchased for the Navy by authority of law.
Vessels kept in SEC. 1534. The President is authorized to keep in actual service in service in time of time of peace, such of the public armed vessels as, in his opinion, may peace.
be required by the nature of the service, and to cause the residue
thereof to be laid up in ordinary in convenient ports. How officered SEC. 1535. Vessels in actual service, in time of peace, shall be officered and manned and manned as the President may direct, subject to the provisions of
section fifteen hundred and twenty-nine. Cruising to as- SEC. 1536. The President may, when the necessities of the service sist. distressed permit it, cause any suitable number of public vessels adapted to the navigators.
purpose to cruise upon the coast in the season of severe weather and to afford such aid to distressed navigators as their circunstances may require; and such public vessels sball go to sea fully prepared to render
such assistance. Patented arti- SEC. 1537. No patented article connected with marine engines shall cles connected with marine en.
hereafter be purchased or used in connection with any steam-vessels of gines.
war until the same shall have been submitted to a competent board of naval engineers, and recommended by such board, in writing, for pur
chase and use. Repairs on hull SEC. 1538. Not more than three thousand dollars shall be expended at and spars.
any navy-yard in repairing the hull and spars of any vessel, until the necessity and expediency of such repairs and the 'probable cost thereof are ascertained and reported to the Navy Department by an examining board, which shall be composed of one captain or commander in the Navy, designated by the Secretary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two master workmen of said yard, or one master workman and an engineer of the Navy, according to the nature of the repairs to be made. Said master workmen and engineer shall be designated by the head of the Bureau
of Construction and Repair. Repairs on sails SEC. 1539. Not more than one thousand dollars shall be expended in and rigging
repairs on the sails and rigging of any vessel, until the necessity and expediency of such repairs and the estimated cost thereof have been ascertained and reported to the Navy Department by an examining board, which shall be composed of one naval officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker
of the yard where such vessel may be ordered. Sale of vessels SEC. 1540. The President may direct any armed vessel of the United unnt to be repair. States to be sold when, in his opinion, such vessel is so much out of reed.
pair that it will not be for the interest of the United States to repair her. Sale of unserv. SEC. 1541. The Secretary of the Navy is authorized and directed to iceable vessels sell, at public sale, such vessels and materials of the United States Navy and materials.
as, in his judgment, cannot be advantageously used, repaired, or fitted out; and he shall, at the opening of each session of Congress, make a full report to Congress of all vessels and materials sold, the parties buring the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. See 0 03618, 3672, SALE OF OLD MATERIALS, also LOST VESSELS and ARSON OF VESSELS.]
VOLUNTEER NAVY. Sec.
Sec. 1411. Acting assistant surgeons.
1600. Credit to marine officers for volunteer sery. 1412. Credit for volunteer service.
ice. 1559. Pay of volunteer service. Title 15, Chap. 1. SEC. 1411. The Secretary of the Navy may appoint, for temporary serv
ng assist. ice, such acting assistant surgeons, as the exigencies of the service may ant surgeons. require, who shall receive the compensation of assistant surgeons.
SEC. 1412. Officers who have been, or may be, transferred from the Credit for vol. volunteer service to the Regular Návy shall be credited with the sea unteer sea-serv. service performed by them as volunteer officers, and shall receive all the benefits of such duty in the same manner as if they had been, during such service, in the Regular Navy.
SEC. 1559. When a volunteer naval service is authorized by law, the Titie 15, Chap. 8. officers therein shall be entitled to receive the same pay as officers of the same grades, respectively, in the Regular Navy.
service. SEC. 1600, All marine officers shall be credited with the length of time Title 15, Chap. 9. they may have been employed as officers or enlisted men in the volun-
Marine officers teer service of the United States.
to be credited for volunteer service.
Sec. 1405. Warrant officers, number and appointment
1438. As naval store-keepers. of.
1491. Rank. 1406. Title.
1556. Pay. 1407. Promotion of seamen to warrant officers.
Sec. 1403. The President may appoint for the vessels in actual service, Title 15. Chap. 1. as many boatswains, gunners, sailmakers, and carpenters as may, in his
Warrant offi. opinion, be necessary and proper.
cers, nnmber and
appointment of. SEC. 1406. Boatswains, gunners, carpenters, and sailmakers shall be Title. known and shall be entered upon the Naval Register as “ warrant officers in the naval service of the United States."
SEC. 1407. Seamen distinguishing themselves in battle, or by extraor- Promotion of dinary heroism in the line of their profession, may be promoted to for- seamen to warward warrant officers, upon the recommendation of their commanding tant omcers. officer, approved by the flag-officer and Secretary of the Navy. And upou such recommendation they shall receive a gratuity of one hundred dollars and a medal of honor, to be prepared under the direction of the Navy Department.
SEC. 1438. The Secretary of the Navy shall order a suitable commis- Title 15, Chap. 2. sioned or warrant officer of the Navy, except in the case provided in ---
Acting as storesection fourteen hundred and fourteen, to take charge of the naval
keepers. stores for foreign squadrons at each of the foreign stations where such stores may be deposited, and where a store-keeper may be necessary. [See ♡ ♡ 1414 aud 1439, under Civil ENGINEERS AND NAVAL STOREKEEPERS.]
SEC. 1491. The President may, if he shall deem it conducive to the in- Title 15, Chap. 4. terests of the service, give assimilated rank to boatswains, gunners, Rank. carpenters, and sailmakers, as follows: After five years' service, to rank with ensigns, and after ten years' service, to rank with masters.
SEC. 1556. Boatswains, gunners, carpenters, and sail-makers, during Title 15, Chap. 8. the first three years after date of appointment, when at sea, one thousand two hundred dollars ; on shore duty, nine hundred dollars ; on leave, or waiting orders, seven hundred dollars ; during the second three years after such date, when at sea, one thousand three hundred dollars ; on shore duty, one thousand dollars; on leave, or waiting orders, eight hundred dollars; during the third three years after such date, when at sea, one thousand four hundred dollars ; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, nine hundred dollars; during the fourth three years after such date, when at sea, one thousand six hundred dollars ; on shore duty, one thousand three hundred dollars; on leave, or waiting orders, one thousand dollars; after twelve years from such date, when at sea, one thousand eight hundred dollars ; on shore duty, one thousand six hundred dollars; on leave, or waiting orders, one thousand two hundred dollars.
Sec. 848. Witnesses' fees.
877. Witnesses, form of subpæna; attendance un849. No officer of court to have witness fees.
der. 850. Expenses of clerks, &c., of United States 878. Witnesses in behalf of indigent defendants in sent away as witnesses paid.
criminal cases. 851. Seamen sent home as witnesses.
879. Recognizance of witnesses. 875. Letters rogatory from United States courts. 880. Same. 876. Subpoenas for witnesses to run into another 881. Same.
district. Title 13,Chap. 16. SEC. 848. For each day's attendance in court, or before any officer purWitnesses' fees.
si fees suant to law, one dollar and fifty cents, and five cents a mile for going
from his place of residence to the place of trial or hearing, and five cents a mile for returning. When a witness is subpænaed in more than one cause between the same parties, at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be taxed in the case first disposed of, after which the per diem attendance fee alone shall be taxed in the other cases in the order in which they are disposed of.
When a witness is detained in prison for want of security for his appearance, he sball be entitled, in addition to his subsistence, to a com
pensation of one dollar a day. [See Ø Ø 879, 881..] No officer of Sec. 849. No officer of the United States courts, in any State or Terricourt to have tory, or in the District of Columbia, shall be entitled to witness fees for witness tees. attending before any court or commissioner where he is officiating.
Expenses of SEC. 850. When any clerk or other officer of the United States is sent clerks, &c., of away from his place of business as a witness for the Government, his United States necessary expenses, stated in items and sworn to, in going, returning, sent away as witnesses paid.
!" and attendance on the court, shall be audited and paid ; but no mileage,
or other compensation in addition to his salary, shall in any case be
allowed. Seamen sent SEC. 851. There sball be paid to each seaman or other person who is home as witness- sent to the United States from any foreign port, station, sea, or ocean, es.
by any United States minister, chargé d'affaires, consnl, captain, or commander, to give testimony in any criminal case depending in any court of the United States, such compensation, exclusive of subsistence and transportation, as such court may adjudge to be proper, not exceeding one dollar for each day necessarily employed in such voyage, and in arriving at the place of examination or trial. In fixing such compensation, the court shall take into consideration the condition of said seamąn or witness, and whether his voyage has been broken up, to his injury, by his being sent to the United States.
When such seaman or person is transported in an armed vessel of the United States, no charge for subsistence or transportation shall be allowed. When he is transported in any other vessel, the compensation for his transportation and subsistence, not exceeding in any case fifty cents a day, may be fixed by the court, and shall be paid to the captain
of said vessel accordingly. Title 13,Chap. 17. SEC. 875. When any commission or letter rogatory, issued to take the Letters roga.
a testimony of any witness in a foreign country, in any suit in which the tory from United United States are parties or have an interest, is executed by the court States courts. or the commissioner to whom it is directed, it shall be returned by such
court or commissioner to the minister or consul of the United States nearest the place where it is executed. On receiving the same, the said minister or consul shall indorse thereon a certificate, stating when and where the same was received, and that the said deposition is in the same condition as when he received it; and he shall thereupon transmit the said letter or commission, so executed and certified, by mail, to the clerk of the court from which the same issued, in the manner in which his official dispatches are transmitted to the Government. And the testimony of witnesses so taken and returned shall be read as evidence on the trial of the suit in which it was taken, without objection as to the method of returning the same. [See (Ø 4071-4074, FOREIGN RELA
TIONS.) Subpænas for SEC. 876, Subpænas for witnesses who are required to attend a court witnesses to run of the United States, in any district, may run into any other district : into another ds. Provided. That in civil causes the witnesses living out of the district in trict.
which the court is held do not live at a greater distance than one hundred miles from the place of holding the same.
SEC. 877. Witnesses who are required to attend any term of a circuit Witnesses, form or district court on the part of the United States, shall be subpoenaed of subpæna ; at
tendance under. to attend to testify generally on their behalf, and not to depart the court without leave thereof, or of the district attorney ; and under such process tbey shall appear before the grand or petit jury, or both, as they may be required by the court or district attorney.
SEC. 878. Whenever any person indicted in a court of the United Witnesses in States makes affidavit, setting forth that there are witnesses whose evi- behalf of indigent dence is material to his defense; that he cannot safely go to trial with-defe qants in
criminal cases. out them; what he expects to prove by each of them; that they are within the district in which the court is held, or within one hundred miles of the place of trial; and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the court in term, or any judge thereof in vacation, may order that such witnesses be subpænaed if found within the limits aforesaid. In such case the costs incurred by the process and the fees of the witnesses shall be paid in the same manner that similar costs and fees are paid in case of witnesses subpænaed in behalf of the United States.
SEC. 879. Any judge or other officer who may be authorized to arrest Recognizance and imprison or bail persons charged with any crime or offense against of witnesses at the United States may, at the hearing of any such charge, require of charges in Crim.
the hearing of any witness produced against the prisoner, on pain of imprisonment, a inal cases. recognizance, with or without sureties, iu his discretion, for his appearance to testify in the case. And where the crime or offense is charged to have been committed on the bigh seas, or elsewhere within the admiralty and maritime jurisdiction of the United States, he may, in his discretion, require a like recognizance, with such sureties as he may deem necessary, of any witness produced in behalf of the accused, whose testimony in his opinion is important, and is in danger of being otherwise lost. [See ♡ 848.]
[Sec. 880 relates to recognizance of witnesses in the State of Vermont.] Recognizance
SEC. 881. Any judge of the United States, on the application of a dis- of witnesses re. trict attorney, and on being satisfied by proof that the testimony of any quired at any
time on applicaperson is competent and will be necessary on the trial of any criminal tion of districtat. proceeding in which the United States are parties or are interested, may torney. com pel such person to give recognizance, with or without sureties, at his discretion, to appear to testify therein; and, for that purpose, may issue a warrant against such person, under his hand, with or without seal, directed to the marshal or other officer authorized to execute process in behalf of the United States, to arrest and bring before him such person. If the person so arrested neglects or refuses to give recognizance in the manner required, th: judge may issue a warrant of commitment against him, and the officer shall convey him to the prison mentioned therein. And the said person shall remain in confinement until he is removed to the court for the purpose of giving his testimony, or until he gives the recognizance required by said judge. [See Ø 848.]
[See, also, CONGRESSIONAL INVESTIGATIONS, CLAIMS, COURT OF CLAIMS, COURTS-MARTIAL, FOREIGN RELATIONS, and PRIZE.]
· YACHTS. Sec.
Sec. 4214. Pleasure.yachts.
4217. Commissions to yachts. 4215. Sigvals of yachts.
4218. Entry of yachts. 4216. Yachts of foreign clubs.
SEC. 4214. The Secretary of the Treasury may canse yachts used and Title 48, Chap. 2. employed exclusively as pleasure-vessels, and designed as models of 7
Pleasure-yachts. naval architecture, if entitled to be eprolled as American vessels, to be licensed on terms which will authorize them to proceed from port to port of the Uvited States, and by sea to foreign ports, without entering or clearing at the custom-house. Such license shall be in such form as the Secretary of the Treasury may prescribe. The owner of any such vessel, before taking out such license, shall give a bond, in such form and for such amount as the Secretary of the Treasury shall prescribe, conditioned that the vessel shall not engage in any unlawful trade, nor in any way violate the revenue laws of the United States, and shall comply with the laws in all other respects. Such vessels so enrolled and licensed shall not be allowed to transport merchandise or carry passengers for pay. Such vessels shall, in all respects, except as above, be subject to the laws of the United States, and shall be liable to seizure and forfeiture for any violation of the provisions of this Title.
Signals of yachts. SEC. 4215. All such licensed yachts shall use a signal of the form,
size, and colors prescribed by the Secretary of the Navy; and the owne ers thereof shall at all times permit the naval architects in the employ
of the United States to examine and copy the models of such yachts. • Yachts belong. SEC. 4216. Yachts, belonging to a regularly organized yacht club of ing to foreign any foreign nation which shall extend like privileges to the yachts of yacht-clubs.
the United States, shall have the privilege of entering or leaving any port of the United States without entering or clearing at the custom
house thereof, or paying tonnage tax. Commissions to SEC. 4217. For the identification of yachts and their owners, a comyachts.
mission to sail for pleasure in any designated yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary of the Treasury, and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges en
joyed under it. Entry of yachts. SEC. 4218. Every yacht visiting a foreign country under the pro
visions of the four preceding sections shall, on her return to the United States, make due entry at the custom-house of the port at which, on such return, she shall arrive.
Title 16. SEC. 1642. Whenever the United States are invaded, or are in immi
oci nent danger of invasion from any foreign nation or Indian tribe, or of Orders of Presi. dent in case of rebellion against the authority of the Government' of the United States, invasion.
it shall be lawful for the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such
officers of the militia as he may think proper. Militia. howSEC. 1643. When the militia of more than one State is called into the apportioned. actual service of the United States by the President, he shall apportion
them among such States according to representative population. Subject to rules SEC. 1644. The militia, when called into the actual service of the of war.
United States for the suppression of rebellion against and resistance to the laws of the United States, shall be subject to the same rules and
articles of war as the regular troops of the United States. Title 21.
SEC. 1795. All that part of the territory of the United States included Permanent seat within the present limits of the District of Colum bia shall be the permaof Government. nent seat of Government of the United States.
Public offices SEC. 1796. All offices attached to the seat of Government shall be exto be exercised ercised in the District of Columbia, and not elsewhere, except as otherat seat of Gov. ernment.
wise expressly provided by law. [See $ $ 4798, 4799, QUARANTINE.] Title 70, Chap. 3. SEC. 5390. Every person who, having knowledge of the actual comMisprision of
Comission of the crime of murder or other felony upon the high seas, or felony.
within any fort, arsenal, dock-yard, magazine, or other place or district of country under the exclusive jurisdiction of the United States, conceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined not more than
five hundred dollars. [See MURDER.] Certain offenses SEC. 5391. If any offense be committed in any place which has been conimitted in or may hereafter be, ceded to and under the jurisdiction of the United places ceded to United States,
to States, which offense is not prohibited, or the punisbment tbereof is not how punished. specially provided for, by any law of the United States, such offense
shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of such State; and no subsequent repeal of any such State law shall affect any prosecution for
such offense in any court of the United States. Title 14, Chap. 5. ART. 78. Officers of the Marine Corps, detached for service with the
Marine and Army by order of the President, may be associated with officers of the Regular“ Army Regular Army on courts-martial for the trial of offenders belonging to officers associa- the Regular Army, or to forces of the Marine Corps so detached ; and in ted on courts. such cases the orders of the senior officer of either corps, who may be
present and duly authorized, shall be obeyed.