Page:United States Statutes at Large Volume 13.djvu/81

THIRTY—EIGHTH CONGRESS. Sess. I. Ch. 63. 1864. 53 the year one thousand eight hundred and sixty-three, shall be deemed and taken to be the day on which the said brig “Bainbridge ” foundered at SH3. Sec. 2. And be it further enacted That the widow or child or chil- widow, cmu, dren, and in case there shall be no widow, or child or children, as afore· °1‘P¤¤’°P*S· &°—· said, then the parent or parents, and if there be no parents, the brothers gg;;???;;,?:? and sisters of the officers, seamen, marines, and others in service, who months’pay. were lost in said brig “Bainbridge," shall be entitled to and receive, out of any money in the treasury not otherwise appropriated, a. sum equal to twelve months’ pay of their respective deceased relations, aforesaid, in addition to the pay due to the said deceased at the date of the loss of said vessel. Sec. 3. And be it farther enacted, That the proper accounting officers Accounts of of the treasury department be, and are hereby, authorized and directed to g;‘;"`;‘;Q,gég;;_ settle the accounts of Charles C. Walden, late acting assistant paymaster, mt 3,8 ,,,;,,,,4,6;-,;,) in the navy, who was lost in the brig “Bainbridge," with all his accounts l>¤ Still/tdand vouchers for expenditures and payment made by him, and with all the money, stores, and supplies procured for the use of said vessel, and to allow him a credit for whatever sum appears to be due from him on the books of the department. Approved, April 19, 1864. Czar. LXIII.-—An Act to amend an Act entitled "An Act to establish and equalize Apr;] 2], 135; the Grade of Line Officers of the United States Navy," approved July sixteenth, eighteen ··r——;— hundred and mem. py; Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no line officer of the navy, No line omcer upon the active list, below the grade of commodore, nor any other naval “P°¤ $**6 list officer, shall be promoted to a higher grade, until his mental, moral, and gg5s10g0e,, to professional fitness to perform all his duties at sea shall be established to be promoted, unthe satisfaction of a board of examining officers to be appointed by the §;fi:;t°§,gX“m·" President of the United States. And such board shall have power to B0a;d0feX3m_ take testimony, the witnesses when present to be sworn by the president iners; appointof the board, and to examine all matter on the files and records of the m°¤*»P°W¢f»&¤·; department in relation to any officer whose case shall be considered by them. Sec. 2. And be it further enacted, That siich examining board shall of whome, couconsist of not less than three officers, senior in rank to the officer to be Sislexamined. Smo. 3. And be it further enacted That any officer to be acted upon by 05%,-5 mee,. said board shall have the right to be present, if he desires it; and his ¢¤¥¢dm¤Yl>¤ statement of his case, on oath, and the testimony of witnesses, and his gggazaiat °Xam` examination, shall be recorded. And any matter on the files and records of the department touching each case, as may in the opinion of the board be necessary to assist them in making up their opinion, shall, together with the whole record and Ending, be presented to the President for Record of case his approval or disapproval of the finding. And no officer shall be :° of P1§°’°€*;°dt rejected until after such public examination of himself and the records of ° B rw eu ' the department in his case, unless he fails to appear before said board alter having been duly notiiied. Sec. 4. And be it further enacted, That no officer in the naval service No omcer to be shall be promoted to a higher grade therein, upon the active list, until he P]:°m°*€d °¤1°¤¤_ has been examined by a board of naval surgeons, and pronounced physi- iam; toybgimgj cally qualihed to perform all his duties at sea. And all officers whose ically qualified? cases shall have been acted upon by the aforesaid boards, and who shall not have been recommended for promotion by both of them, shall be placed upon the retired list. Sec. 5. And be it further enacted, That all officers not recommended n °2‘;’_’“"i“ °‘H°;fd for promotion undo; pho fourth section of an act entitled "An act tc fol-