SEC. 1564. Any person performing the duties of paymaster, acting as- Title 15, Chap. 8. sistant paymaster, or assistant paymaster, in a ship at sea, or on a for- Person acting eign station, or on the Pacific coast of the United States, by appoint- as paymaster, ment of the senior officer present, in case of vacancy of such office, in when office va accordance with the provisions of section thirteen hundred and eighty- cant in ship at one, and not otherwise, shall be entitled to receive the pay of such grade while so acting. [See § 1381, under PAY CORPS.] 17 July, 1861, s. 4, v. 12, p. 258. sea. reaus. SEC. 1565. The pay of chiefs of Bureaus in the Navy Department Chiefs of Bushall be the highest pay of the grade to which they belong, but not below that of commodore. 3 March, 1871, s. 12, v. 16, p. 537. on foreign sta SEC. 1567. Officers who are orderd to take charge of naval stores for Officers serving foreign squadrons, in the place of uaval storekeepers, shall be entitled as store-keepers to receive, while so employed, the shore-duty pay of their grades; and tions. when the same is less than fifteen hundred dollars a year, they may be allowed compensation, including such shore-duty pay, at a rate not exceeding fifteen hundred dollars a year, 17 June, 1844, s. 1, v. 5, p. 700. SEC. 1568. Civilians appointed as storekeepers on foreign stations shal receive compensation for such services, at a rate not exceeding fifteen hundred dollars a year. 17 June, 1844, s. 1, v. 5, p. 700. 3 March, 1847, s. 3, v. 9, p. 172. SEC. 1569. The pay to be allowed to petty officers, excepting mates 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. 18 April, 1814, s. 1, v. 3, p. 136. 3 March, 1847, s. 4, v. 9, p. 173. Civilians store keepers on for eign stations. Pay of enlisted men. firemen and coal SEC. 1570. Every seaman, ordinary seaman, or landsman who performs Additional pay the duty of a fireman or coal-heaver on board of any vessel of war shall for serving as be entitled to receive, in addition to his compensation as seaman, ordi- heavers. nary 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. 1 March, 1869, s. 2, v. 15, p. 280. Detention be SEC. 1572. All petty officers and persons of inferior ratings who are detained beyond the terms of service, according to the provisions of yond term of ensection fourteen hundred and twenty-two, or who, after the termination listment. 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 one-fourth of their former pay. [See § 1422, under SEAMEN. ] 17 July, 1862, s. 17, v. 12, p. 610. 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, 2 March, 1855, s. 2, v. 10, p. 627. 7 June, 1864, v. 13, p. 120. Crews vessels. of SEC. 1574. When the crew of any vessel of the United States are separated from such vessel, by means of her wreck, loss, or destruction, wrecked or lost the pay and emoluments of such of the officers and men as shall appear to the Secretary of the Navy, by the sentence of a court-martial or court of inquiry, or by other satisfactory evidence, to have done their utmost to preserve her, and, after said wreck, loss, or destruction, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid them until their discharge or death. 17 July, 1862, s. 14, v. 12, p. 608. SEC. 1575. The pay and emoluments of the officers and men of any Crews of vesvessel of the United States taken by an enemy who shall appear, by sels taken by an the sentence of a court-martial or otherwise, to have done their utmost enemy. Assignments of wages. Pay of retired officers. Rear-admirals, retired. Third assistant to preserve and defend their vessel, and, after the taking thereof, to have behaved themselves agreeably to the discipline of the Navy, shall go on and be paid to them until their exchange, discharge, or death. Idem. SEC. 1576. Every assignment of wages due to persons enlisted in the naval service, and all powers of attorney, or other authority to draw, receipt for, or transfer the same, shall be void, unless attested by the commanding officer and paymaster. The assignment of wages must specify the precise time when they commence. 30 June, 1864, s. 12, v. 13, p. 310. SEC. 1588. The pay of all officers of the Navy who have been retired after forty-five years' service after reaching the age of sixteen years, or who have been or may be retired after forty years' service, upon their own application to the President, or on attaining the age of sixty-two years, or on account of incapacity resulting from long and faithful service, from wounds or injuries received in the line of duty, or from sickness or exposure therein, shall, when not on active duty, be equal to seventy-five per centum of the sea-pay provided by this chapter for the grade or rank which they held, respectively, at the time of their retirement. The pay of all other officers on the retired list shall, when not on active duty, be equal to one-half the sea-pay provided by this chapter for the grade or rank held by them, respectively, at the time or their retirement. [See note 1588, RETIREMENT.] 15 July, 1870, s. 5, v. 16, p. 333. 3 March, 1873, s. 1, v. 17, p. 555. SEC. 1589. Rear-admirals on the retired list of the Navy, who were retired as captains when the highest grade in the Navy was captain, at the age of sixty-two years, or after forty-five years' service, and who, after their retirement, were promoted to the grade of rear-admiral, and performed the duties of that grade in time of war, shall be considered as having been retired as rear-admirals. 5 June, 1872, s. 1, v. 17, p. 226. 3 March, 1873, s. 1, v. 17, p. 555. SEC. 1590. Officers who have been retired as third assistant engineers engineers, re shall continue to receive pay at the rate of four hundred dollars a year. tired. Pay not in 3 March, 1859, s. 2. v. 11, p. 407. 3 Aug., 1861, s. 22, v. 12, p. 290. 16 July, 1862, s. 20, v. 12, p. 587. 12 April, 1864, s. 7, v. 13. p. 54. SEC. 1591. No officer, heretofore or hereafter promoted upon the recreased by pro- tired list, shall, in consequence of such promotion, be entitled to any increase of pay. motion. Pay on active duty. Officers retired 15 July, 1870, s. 5, v. 16, p. 333. 2 March, 1867. s. 9, v. 14, p. 517. SEC. 1592. Officers on the retired list, when on active duty, shall receive the full pay of their respective grades. 2 March, 1867, s. 9, v. 14, p. 517. 1 June, 1860, s. 5, v. 12, p. 27. SEC. 1593. Officers placed on the retired list, on furlough pay, shall on furlough-pay receive only one-half of the pay to which they would have been entitled if on leave of absence on the active list. [See § 1594, FURLOUGH.] Title 56. Allowance for subsistence. 3 Aug., 1861, s. 23, v.12, p. 291. 3 March, 1835, s. 1, v. 4, p. 756. 28 Feb., 1855, s. 2, v. 10, p. 616. 16 Jan., 1857, s. 1, v. 11, p. 154. SEC. 4688. The Secretary of the Treasury may make such allowances to the officers and men of the Army and Navy, while employed on Coast Survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eighteen hundred and fortyfour. 12 June, 1858, s. 1, v. 11, p. 319. NOTE.-Additional allowances for subsistence may be legally made to officers of the Army or Navy while employed on coast survey service. The word pay in section 4684, Coast Survey, Part III, refers to the pay proper of an officer.Op. XV, p. 283, Devens, May 23, 1877. Sec. 1442. Placing on furlough. 1557. Furlough-pay. FURLOUGH AND FURLOUGH-PAY. Sec. 1594. Transfer from furlough to retired pay. SEC. 1442. The Secretary of the Navy shall have authority to place Title 15, Chap. 2. on furlough any officer on the active list of the Navy. [See note, p. 19.] Placing on fur 3 March, 1835, s. 1, v. 4. p. 756. 3 March, 1845, s. 6, v. 5, p. 794. lough. 28 Feb., 1855, s. 3, v. 10, p. 617. 1 June, 1860, s. 4, v. 12, p. 27. SEC: 1557. Officers on furlough shall receive only one-half of the pay Title 15, Chap. 8. to which they would have been entitled if on leave of absence. Furlough-pay. 1 June, 1860, s. 4. v. 12, p. 27. 3 March, 1845, s. 6, v. 5, p. 794. SEC. 1594. The President, by and with the advice and consent of the Transfer from Senate, may transfer any officer on the retired list from the furlough furlough to retired pay. to the retired-pay list. 16 Jan., 1857, s. 3. v. 11, p. 154. 16 July, 1862, s. 20. v. 12, p. 587. An NOTE.-When an officer is transferred, as authorized by this section, the causes for his retirement determine the rate of his pay under section 1588. officer retired on furlough pay from canses not incident to the service cannot be transferred to the 75 per cent. pay list. If so transferred by nomination and confirmation, it would not be the duty of the accounting officer to pay him 75 per cent. of sea pay.-Op. XVI, p. 23, Devens, May 29, 1878. [An act approved January 30, 1875, v. 18, p. 304, allows difference of pay to certain officers, or their heirs, who were furloughed under the act of February 28, 1855, and subsequently restored to the active list.] Sec. 170. To clerks prohibited. 1768. Double salaries. 1764. Extra services. 1765. Extra allowances. EXTRA PAY, EXTRA SALARIES, ETC. Sec. 2687. Apportionment of salaries. Title 4. SEC. 170. No money shall be paid to any clerk employed in either Department at an annual salary, as compensation for extra services, Extra compen unless expressly authorized by law. 17 June, 1844, s. 1, v. 5, pp. 681, 687. SEC. 1763. No person who holds an office, the salary or annual compensation attached to which amounts to the sum of two thousand five hundred dollars, shall receive compensation for discharging the duties of any other office, unless expressly authorized by law. [See 20 June, 1874, post.] 31 Aug., 1852, s. 18, v. 10, p. 100. sation to clerks prohibited. Title 19. Double salaries. SEC. 1764. No allowance or compensation shall be made to any officer Extra services. or clerk, by reason of the discharge of duties which belong to any other officer or clerk in the same or any other Department; and no allowance or compensation shall be made for any extra services whatever, which any officer or clerk may be required to perform, unless expressly authorrized by law. 26 Aug., 1842, s. 12, v. 5, p. 525. SEC. 1765. No officer in any branch of the public service, or any other Extra allowperson whose salary, pay, or emoluments are fixed by law or regulations, ances. shall receive any additional pay, extra allowance, or compensation, in any form whatever, for the disbursement of public money, or for any other service or duty whatever, unless the same is authorized by law, and the appropriation there for explicitly states that it is for such additional pay, extra allowance, or compensation. 3 March, 1839, s. 3, v. 5, p. 349. 23 Aug., 1842, s. 2, v. 5, p. 510. An officer who has been appointed to and is fully invested with two distinct offices may receive the compensation appropriated for each. Sections 1763, 1764, 1765 do not apply to such a case. It is for the appointing power to determine whether the party can properly and fully perform the duties of the two offices.-Op. XVI, 7, May 9, 1878. See also Op. XII, 459, on this subject. Also ander EXECUTIVE DEPARTMENT, Part III. Title 34, Chap 2. SEC. 2687. Collectors and all other officers of the customs, serving for Apportionment a less period than a year, shall not be paid for the entire year, but shall of compensation be allowed in no case a greater than a pro rata of the maximum comfor part of a pensation of such officers respectively for the time only which they year's service. actually serve as such collectors or officers, whether the same be under one or more appointments, or before or after confirmation. And no collector or other officer shall, in any case, receive for his services, either as fees, salary, fines, penalties, forfeitures, or otherwise, for the time he may be in service, beyond the maximum pro rata rate provided by law. And this section shall be applied and enforced in regard to all officers, agents, and employés of the United States whomsoever, as well those whose compensation is determined by a commission on disbursements, not to exceed an annual maximum, as those paid by salary or otherwise. 11 Feb., 1846, s. 1. v. 9, p. 3. 18 July, 1866, s. 34, v. 14, p. 186. SEC. 3654. No extra compensation exceeding one-eighth of one per centum shall in any case be allowed or paid to any officer, person, or sation for dis-corporation for disbursing moneys appropriated to the construction of any public building. See 3 March, 1875, post. Title 40. Extra compenbursements. 3 March, 1875. June 20, 1874. 3 March, 1869, v. 15, p. 312. The provisions of the act of March 3, 1869 [sec. 3654] were intended and shall be deemed and held to limit the compensation to be allowed to any disbursing officer who disburses moneys appropriated for and expended in the construction of any public building as aforesaid to three-eighths of one per centum for said services. 3 March, 1875, v. 18, p. 415. That no civil officer of the Government shall hereafter receive any compensation or perquisites, directly or indirectly, from the treasury sation to civil offi- or property of the United States beyond his salary or compensation cers prohibited. allowed by law: Provided, That this shall not be construed to prevent the employment and payment by the Department of Justice of district attorneys as now allowed by law for the performance of services not covered by their salaries or fees. [See C. C., XVI, Warden's case, and XV, p. 22.] Sec. Actual expenses. 20 June, 1874, s. 3, v. 18, p. 85. [EXTRA PAY TO ENLISTED PERSONS. See under SEAMEN.] TRAVELING EXPENSES. 1566. Allowance in foreign countries. 16 June, 1874. raveling ex penses. 30 June, 1876. Mileage to off Sec. Approval of Secretary required. Only actual traveling expenses shall be allowed to any person holding employment or appointment under the United States, and all allowances for mileages and transportation in excess of the amount actually paid are hereby declared illegal; and no credit shall be allowed to any of the disbursing officers of the United States for payment or allowances in violation of this provision.* 16 June, 1874, s. 1, v. 18, p. 72. [See June 30, 1876.] So much of the act of June 16, 1874 [supra] "as is applicable to officers of the Navy so engaged, is hereby repealed: "And the sum of eight cents per mile shall be allowed such officers, cers of the Navy. while so engaged, in lieu of their actual expenses." [See Aug. 5, 1862. ] 30 June, 1876, v. 19, p. 65. NOTE.-Mileage is allowed to officers of the Navy in lieu of actual expenses by the act of June 30, 1876 (19 Stat. L., 65). Congress knew that naval officers were required to travel across oceans and through foreign countries when they passed the above act. The statute establishes one rule-mileage for all travel by naval officers.-C. C., XIV, 377. Affirmed on same grounds by Supreme Court, Otto. 97150. See also Op. XVI, 147, XV, 311, XIV, 590, 681, 683; IX, 261, 411, 417; XIII, 526, as to traveling expenses, residence, &c. SEC. 1566. * And an allowance may be made to officers travelTitle 15, Chap. 8. ing in foreign countries under orders, for expenses of transportation of baggage necessarily incurred. And no officer shall be paid mileage, Allowance to officers traveling except for travel actually performed at his own expense and in obediin foreign coun ence to orders. [See Aug. 5, 1882, post.] 3 March, 1835, s. 2, v. 4, p. 757. 15 July, 1870, s. 4, v. 16, p. 332. tries. 17 July, 1862, s. 7, v. 12. p. 595. * An act of Feb. 22, 1875, exempted attorneys. marshals, and clerks of the U. S. courts; the clause of June 16, 1874, was 1epcated March 3, 1875, with like exemption. No allowance shall be made in the settlement of any account for traveling expenses unless the same be incurred on the order of the Secretary of the Navy, or the allowance be approved by him. 18 Jan., 1875, v. 18, p. 297. [Naval appropriation act.] Officers of the Navy traveling abroad under orders hereafter issued shall travel by the most direct route, the occasion and necessity for such order to be certified by the officer issuing the same; and shall receive, in lieu of the mileage now allowed by law, only their actual and reasonable expenses, certified under their own signatures and approved by the Secretary of the Navy. 5 Aug., 1882. P. E. L. p. 285. 18 Jan., 1875. Allowance to be approved by Secretary of Navy. 5 Aug, 1882. Travel abroad. SEC. 850. When any clerk or other officer of the United States is sent Clerks, &c., away from his place of business as a witness for the Government, his sent away as witnecessary expenses, stated in items and sworn to, in going, returning, nesses. 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. 26 Feb., 1863, s. 3, v. 10, p. 167. NOTE. The necessary expenses incurred by soldiers as witnesses for the Government allowable under section 850 may be paid by marshals upon proper proof thereof.-XVI, Op. 147. Army officers and soldiers are entitled to receive their necessary expenses in going, returning, and attendance on the court, which must be stated in items and sworn to. They are not in such cases entitled to mileage or witness fees. The section embraces any person who is an employé of the United States, in however humble a capacity.-Op. XVI, 113. [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.] Title 10. SEC. 436. The Secretary of the Navy may place the supervision of the Nautical Almanac in charge of any officer or professor of mathematics May be placed in the Navy who is competent for that service. Such officer or profes- in charge of Nausor, when so employed, shall be entitled to receive the shore-duty pay tical Almanac. of his grade, and no other. Pay. 3 March, 1857, s. 3, v. 11, p. 246. SEC. 1399. The number of professors of mathematics in the Navy shall Title 15, Chap 1. not exceed twelve. 3 Aug., 1848, s. 12, v. 9, p. 272. 31 May, 1872, s. 1, v. 17, p. 192. SEC. 1400. Professors of mathematics shall be appointed and commissioned by the President of the United States, by and with the advice and consent of the Senate. [See Jan. 20, 1881, post.] 3 Ang., 1848, s. 12, v. 9, p. 272. SEC. 1401. Professors of mathematics shall perform such duties as may be assigned them by order of the Secretary of the Navy, at the Naval Academy, the Naval Observatory, and on board ships of war, in instructing the midshipmen of the Navy, or otherwise. 3 Aug., 1848, s. 12, v. 9, p. 272. SEC. 1480. Professors of mathematics shall have relative rank as follows: Three, the relative rank of captain; four, that of commander; and five, that of lieutenant-commander or lieutenant. who shall have Number. Appointment. Duties. Title 15, Chap. 4. Relative rank served faithfully for forty-five years, shall, when retired, have the rela- when retired tive rank of commodore; and who have been or shall be retired from age or at the age of sixty-two years, before having served for forty-five years, length of service 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. March, 1871, s. 11, v. 16, p. 537. |