455. Chiefs of departments ap- 461. Officers appointed from civil

pointed by selection.

456. Vacancies in staff, how filled.

life may waive board or

similar character.

Examination of certain of

ficers of Engineers and
Ordnance.

Transfers between line and
staff.

pass due to physical disa- 464. Transfers of Engineer offi

bility contracted in line of

duty. Failure for other 465.
reasons. Failure on re-
examination.

460. Examination of officers ap

pointed from civil life.

Composition of boards.
Failure.

cers.

Successor to absent chief of
burean to be designated by
the President.

partments ap

tion.

455. The Adjutant-General, the Quartermaster-General, Chiefs of dethe Commissary-General of Subsistence, the Surgeon-Gen- pointed by selec eral, the Chief of Engineers, the Chief of Ordnance, and the Paymaster-General shall be appointed by selection from the corps to which they belong.'

July 28, 1866, c.

299, s. 23, v. 14, p.

336.

Sec. 1193, R. S.

Vacancies in staff, how filled.

28, p. 234.

456. Hereafter all appointments to fill vacancies in the lowest grade of the Adjutant Generals, Inspector Generals, 2Aug 6, 1894, v. Quartermasters and Subsistence Departments respectively shall be made from the next lowest grade in the line of the Army. Act of August 6, 1894 (28 Stat. L., 234).

The act of February 5, 1885 (23 Stat. L., 297), provides that the Inspector General shall be appointed, by selection, from the officers of the Inspector-General's Department. The act of August 6, 1894 (28 Stat. L., 234), makes a similar provision in respect to the Chief Signal Officer.

For statutory provisions respecting appointments in the Medical. Ordnance, and Signal Departments see the chapters so entitled.

159

Promotions.

PROMOTIONS.

457. Promotions in the line shall be made through the Sec. 1204, R. S. whole Army, in its several lines of artillery, cavalry, and infantry, respectively. Promotions in the staff shall be made in the several departments and corps respectively.

nation.

26, p. 562.

EXAMINATIONS FOR PROMOTION.

Promotion to 458. Hereafter promotion to every grade in the Army be by seniority, subject to exami below the rank of brigadier-general, throughout each arm, Oct. 1, 1890, v. corps, or department of the service, shall, subject to the examination hereafter provided for, be made according to seniority in the next lower grade of that arm, corps, or department. Act of October 1, 1890 (26 Stat. L., 562). (See Sec. 1201, R. S., par. 457, supra.)

Examinations

for promotion.

1890, v. 26, p. 562.

459. That the President be, and he is hereby, authorized See. 3, Oct. 1, to prescribe a system of examination of all officers of the Army below the rank of major to determine their fitness for promotion, such an examination to be conducted at such times anterior to the accruing of the right to promotion as may be best for the interests of the service: Provided, That the President may waive the examination for promotion to any grade in the case of any officer who in pursuance of existing law has passed a satisfactory exami nation for such grade prior to the passage of this act: And provided, That if any officer fails to pass a satisfactory examination and is reported unfit for promotion, the officer next below him in rank, having pased said examination, Retirement on shall receive the promotion: And provided, That should due to physical the officer fail in his physical examination and be found tracted in line of incapacitated for service by reason of physical disability Sec. 2, ibid. contracted in line of duty he shall be retired with the rank to which his seniority entitled him to be promoted; but if Failure for he should fail for any other reason he shall be suspended from promotion for one year, when he shall be reexamined. Failure on re- and in case of failure on such reexamination he shall

failure to pass

disability con

duty.

other reasons.

examination.

Sec. 2, ibid.

See, also, section 1 of the act of October 1, 1890 (26 Stat. L., 252). So much of section 1194, Revised Statutes, as prohibited appointments and promotions in the AdjutantGeneral's, Inspector-General's, Pay, Quartermaster's, Subsistence, Ordnance, and Medical Departments, was repealed; as to the Adjutant-General's Department, by the act of March 3, 1875 (18 Stat. L., 478); as to the Inspector General's Department, by the act of June 23, 1874 (18 Stat. L., 244); as to the grade of major in the Pay Department, by the act of March 3, 1875 (18 Stat. L., 524), and the act of March 3, 1877 (19 Stat. L., 270); as to the Quartermaster's Department, by the act of March 3, 1875 (18 Stat. L., 338); as to the Ordnance, Subsistence, and Medical Departments, by section 8 of the act of June 23, 1874 (18 Stat. L., 245). The act of March 3, 1877 (19 Stat. L., 270), declared that this section "now applying only to the grades in the I'v Department of the Army above the rank of major is hereby repealed" (19 Stat. L., 270).

be honorably discharged with one year's pay from the Army.1

of officers ap

from

civil life, etc.

boards.

460. That the examination of officers appointed in the Examination Army from civil life, or of officers who were officers of vol- pointed unteers only, or were officers of the militia of the several Sec. 3, ibid. States called into the service of the United States, or were enlisted men in the regular or volunteer service, either in the Army, Navy, or Marine Corps during the war of the rebellion, shall be conducted by boards composed entirely Composition of of officers who were appointed from civil life or of officers who were officers of volunteers only during said war, and such examination shall relate to fitness for practical service and not to technical and scientific knowledge; and in case of failure of any such officer in the reexamination here- Failure. inbefore provided for, he shall be placed upon the retired list of the Army; and no act now in force shall be so construed as to limit or restrict the retirement of officers as herein provided for. Sec. 3, act of October 1, 1890 (26 Stat. L., 562).

waive board of

ter.

461. That officers entitled by this section to examination Officers ap pointed from by a board composed entirely of officers who were appointed civil life may from civil life, or who were officers of volunteers only dur- similar characing the war, may, by written waiver filed with the War July 27, 1892, v. Department, relinquish such right, in which case the examination of such officers shall be conducted by boards composed as shall be directed by the Secretary of War. Act of July 27, 1892 (27 Stat. L., 276).

27, p. 276.

of certain officers

of Engineers and

Ordnance.

Sec. 2. July 27,

1892, v. 27, p. 276.

462. That the examination of officers of the Corps of Examination Engineers and Ordnance Department, who were officers or enlisted men in the regular or volunteer service, either in the Army, Navy, or the Marine Corps, during the war of the rebellion, shall be conducted by boards composed in the same manner as for the examination of other officers of their respective corps or department; and the examinations shall embrace the same subjects prescribed for all other officers of similar grades in the Corps of Engineers and Ordnance Department, respectively. Sec. 2, act of July 27, 1892 (27 Stat. L., 276).

TRANSFERS TO THE STAFF.

tween line and

463. Officers may be transferred from the line to the Transfers be staff of the Army without prejudice to their rank or pro- staff. motion in the line; but no officer shall hold, at the same Sec. 1205, R. S.

Joint resolution No. 44, of June 14, 1898, contains the requirement "that during the existing war the President may, in his discretion, waive the one-year suspension from promotion and forthwith order the reexamination provided in certain cases by the third proviso of section three of the act approved October first, eighteen hundred and ninety, entitled "An act to provide for the examination of certain offi. cers of the Army and to regulate promotions therein."

engineer officers.

Sec. 1158, R. S.

time, an appointment in the line and an appointment in the staff which confer equal rank in the Army. When any officer so transferred has, in virtue of seniority, obtained, or become entitled to, a grade in his regiment equal to the grade of his commission in the staff, he shall vacate either his commission in the line or his commission in the staff.

Transfers of 464. Engineers shall not assume nor be ordered on any duty beyond the line of their immediate profession, except by the special order of the President. They may, at the discretion of the President, be transferred from one corps to another, regard being paid to rank.

Successor to absent chief of

MISCELLANEOUS.

465. During the absence of the Quartermaster-General, bureau to be des or the chief of any military bureau of the War Departignated by the President. ment, the President is authorized to empower some officer of the Department or Corps whose chief is absent to take charge thereof, and to perform the duties of Quartermaster-General, or chief of the department or corps, as the case may be, during such absence.

Sec. 1132, R. S.

476. Sureties on official bonds. 490. Proceeds of sales to be de

Notice of principals' defi

ciency to be communicated 491.
to sureties.

posited without deduction. Proceeds of sales of old mate

rials.

larger sums than are paid. 510. United States officer accept

499. Disbursing officer unlawfully

ing bribes, etc.

depositing, converting, 511. Forfeiture of office.

loaning, or transferring 512. Officer contracting beyond
specific appropriation.

public money.

500. Failure of Treasurer, etc., to 513. Fraudulent notes to be safely keep public moneys.

BONDS.

stamped "counterfeit."

bursing officers;

Apr. 24, 1816 c.

June 17, 1846, c.

28, s. 2. v. 9, p. 17

Mar. 3, 1857,c.106,

Aug. 23, 1842, c.

to 186, s. 2, v. 5, p.

512; July 28, 1866,

p. 334; May 15,

466. All officers of the Quartermaster's, Subsistence, and Bonds of dis Pay Departments, the chief medical purveyor and assist- by whom given. ant medical purveyors, and all store-keepers shall, before 69, s. 6, v. 3, p. 298; entering upon the duties of their respective offices, give good and sufficient bonds to the United States, in such s. 2, v. 11, p. 203 sums as the Secretary of War may direct, faithfully account for all public moneys and property which they may c. 299, s. 17, v. 14, receive. The President may, at any time, increase the 1820, c. 102, s. 3, v. sums so prescribed. But the Quartermaster-General shall3582; July 17, not be liable for any money or property that may come into 2000 Feb. the hands of the subordinate officers of his department. 467. That whenever any recognizance, stipulation, bond, Security comor undertaking conditioned for the faithful performance of ties. any duty, or for doing or refraining from doing anything 28, p. 279. in such recognizance, stipulation, bond, or undertaking specified, is by the laws of the United States required or

For statutory requirements respecting bonds and sureties, in addition to those cited in this chapter, see the chapters entitled THE TREASURY DEPARTMENT, THE COURT OF CLAIMS, THE QUARTERMASTER'S DEPARTMENT, THE SUBSISTENCE DEPARTMENT, THE PAY DEPARTMENT, THE MEDICAL DEPARTMENT, and CONTRACTS AND PURCHASES. Officers of the Army and Navy are excepted from the provisions of section 3614, Revised Statutes, which require all special agents employed by the heads of the several Executive Departments in the disbursement of the public moneys to give bonds in such form and with such security as such heads of Departments may approve. This section does not apply to all commissioned officers of the Army who may be required to act as disbursing officers, but to such only as are regularly appointed disbursing officers and who are required, as such, to give bonds. Ex parte Randolph. 2 Brockenbrough, 447. See also U. S. v. Kirkpatrick. 9 Wh., 720; Sr. Van Zandt. 11 Wh., 184; Dox v. Postmaster-General, 1Pet., 325; U. S. v. Linn. 15 Pet., 290. See, also, Par, 515 post.

1862, c. 201, s. 16,

27, 1877, v. 19, p. 243.

Sec. 1191, R.S.

,panies as sureAug. 13, 1894, v.