Page:United States Statutes at Large Volume 12.djvu/320

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290 THIRTY—SEVENTH CONGRESS. Sess. I. Ch. 42. 1861. B¤¤¤‘<L h<>W· cept those taken from the medical staff, to be composed, as far as may bc,

g’l:;°°'11td“` of his seniors in rank, to determine the facts as to the nature and oem.

' P0 ° sion of the disability of such officers as apnear d1sabled to perform such military service, such board being hereby invested with the powers of a court of inquiry and court-martial, and their demsnon shall be. subgect to like revision as that of such courts by the President of] the United States. The board, whenever it snug an officer incapacitated for active service, will report whether, in its judgment, the said incapaoity result from long and faithful service, from wounds or injury received in the line of duty, from sickness or exposure therein, or from any other incident of service. Etfect or deci- If so, and the President approve such judgment, the disabled officer shall ¤i*>¤ WW1 °P‘ thereupon be placed upon the list of retired officers, acoording to the pro- I"°"°d' visions of this act. If otherwise, and if the President concur. in opinion with the board, the officer shall be retired as above, either with his pay proper alone, or with his service rations alone, at the discretion of the President, or he shall be wholly retired from the service, with one year’s pay and allowances; and in this last ease his name shall be theneeforward omitted from the army register, or navy register, as the case may Members or be: Provided always, That the members of the board shall in every case b<>=¤‘d*¤ b¤ be sworn to an honest and impartial discharge of their duties, and that °w_§;',;y mem no officer of the army shall be retired either partially or wholly from to have a been the service without having had a fair and full hearing before the board, ing- if, upon due summons, he shall demand it. _0i’¤i¤¤r§1>=·¤‘- Sec. 18. And be it further enacted, That the officers partially retired °“uY*°t“`°d' shall be entitled to wear the uniform of their respective grades, shall continue to be borne upon the army register, or navy register, as the ease may be, and shall be subject to the rules and articles of war, and to trial by general oourt—martial for any breach of the said articles. Ant allowing Sec. 19. And be it further enacted, That so much of the sixth section °°¤'!¤i¤ d°¤l*l° of the act of August twenty-three, eighteen hundred and forty-two, as §°§g§n:h{€§°g§gd6_ allows additional or double rations to the commandant of each permanent Vo1.’v. p. 518- or ilxed post garrisoned with troops, be and the same is hereby repealed. Army mem Sec. 20. And be it further enacted That officers of .the army, when ab- Blmn'; mm dm! sent from their appropriate duties for a period exceeding six months, either

,::2;l§,r::2Btl:3’ with or without leave, shall not receive the allowances authorized by the

mn allowances. existing laws for servants, forage, transportation of baggage, fuel, and uarters, either in kind or in commutation. Certain navy q Sec. 21. And be it further enacted, That any officer of the navy who Q£;‘;f”m“Xb°* has been forty years in the service of the United States may, upon his at their re- . . . . qum, own application to the President of the United States, be placed upon Pay,&o. the list of retired officers of the navy, and shall receive the pay and cmoluments allowed by this act. Retired list for Sec. 22. And be it further enacted, That if any officer of the navy shall °‘"Y °¤‘°°”‘ have become, or shall hereafter become, incapable of performing the duties of his office, he shall be placed upon the retired list and withdrawn from active service and command and from the line of promotion, with Y¤7,·Y¤<=· the following pay and emoluments, namely: Captains in the navy, thirteen hundred dollars; Commanders in the navy, eleven hundred dollars; Lieutenants in the navy, one thousand dollars; Surgeons ranking with captains, thirteen hundred dollars; Surgeons ranking with commanders, eleven hundred dollars; Surgeons ranking with lieutenants, one thousand dollars ; Paymasters ranking with captains, thirteen hundred dollars; Paymasters ranking with commanders, eleven hundred dollars; Paymasters ranking with lieutenants, one thousand dollars; Chief engineers, one thousand dollars; First assistant engineers, seven hundred dollars; Second assistant engineers, five hundred dollars;