Vacancies in the

ists, &c.

places of machinists; second-class firemen to supply the places of the first class; and the coal-heavers, if qualified, should take the place of the secondclass firemen in preference to others. The pay of such reduced persons shall be as follows, viz: machinists shall have one-tenth deducted from their pay: firemen of the first class shall only receive the pay of firemen of the second; those of the second, the pay of coal-heavers; and coal-heavers the pay of ordinary seamen, so long as they neglect their duties or are unable to perform them.

9.

Vacancies in the ratings of Machinists, Coppersmiths, and Boiler-makers ratings of Machin- during a cruise of a vessel may be filled by enlistment or by rating, subsequent to an examination, made as heretofore provided, by order of the Commanding Officer.

Men sent to a hospital to

10.

Men sent to a hospital from a vessel in commission, lying at the port where be the hospital is located, are to be transferred to the receiving-ship, but when men are sent to a hospital from a sea-going vessel for treatment, they will, if discharged before the sailing of the vessel, be returned to her if their vacancy has not been filled.

transferred to receiving-ship.

No transfers to be ordered.

SECTION II.-Transfers and Discharges.

1.

No Commanding Officer is to transfer any person belonging to his commade unless mand to any vessel or station unless ordered to do so. The Commanding Officer of a fleet or squadron, or senior officer present, may order transfers from one vessel to another on foreign station when the good of the public service renders it expedient.

Officers to be

2.

An officer transferred is to be furnished with his account at the time, signed furnished with by the Commanding Officer and Pay Officer, specifying his rank, the sums paid, and the balance due.

their account.

Account always

transferred.

3.

When any person other than an officer is transferred, the Commanding to accompany men Officer will see that he is accompanied by his account, signed by himself and the Pay Officer, specifying the date of his entry, the period and term of service, the sums paid, the balance due, and the quality in which he was rated; also by a complete descriptive, transcript, and clothes-list, and a statement as to whether he is entitled to an honorable discharge.

If men are trans

4.

Officers having men sent to them without their accounts will report the ferred without fact immediately to the Secretary of the Navy, together with their names and rates and all the information which can be obtained.

their accounts.

Discharges.

Within the

5.

Enlisted men serving on board vessels within the United States may be United States dis- discharged by the written order of the Commanding Officer of a squadron, charges may be of a station, or of a vessel acting singly, for either of the following reasons, given forbut not otherwise, except by the authority of the Navy Department, viz: Expiration of service, sentence of a general or summary court-martial, or unfitness for service from causes ascertained, by survey, to have existed prior to enlistment.

6.

Persons claiming to be entitled to their discharge, as minors or aliens, must Discharge of mi oply to the civil courts.

7.

nors or aliens.

Persons enlisted in the United

No person enlisted in the United States is to be discharged without the United States except by order of the Secretary of the Navy or by the sentence of a general court-martial. Upon the expiration of the term of enlist- States not to be discharged abroad ment of a person whose detention on board is not essential to the public except interests, he may be discharged upon his own request, in writing, by order of the Commander-in-Chief or the senior officer present; and the fact that the request was so made shall be stated on the face of the discharge. Whenever a discharge is given for any of the reasons mentioned, a report of the circumstances will be made to the Navy Department, and information given to the nearest Consul. Those enlisted without the limits of the United States may be discharged on the expiration of their enlistment, either in a foreign ed port or in the United States.

8.

Discharge of such as are enlistout of the United States.

Every discharge must contain upon its face or back a full and complete Descriptive list descriptive list of the individual to whom it is given. on discharge.

9.

Petty Officers appointed by the Commanding Officer, or with his approval, Appointed Petty will not be discharged before the expiration of the terfh for which they agreed officers not to be discharged until to serve, except by sentence of a court-martial, by order of superior authority, expiration of term, or for good and sufficient reasons, of which the Commanding Officer will be unless— the judge, and he will never authorize such discharges for the purpose of avoiding a court-martial, nor unless he is satisfied that the public interests will not be injured.

10.

counts have been

A Yeoman shall in no case be discharged during the continuance of the Yeoman not to cruise for which he engaged to serve until his accounts have been exam- be discharged unined and the stores under his charge accounted for at the expiration of the til stores and accruise. A Yeoman is not to be discharged until his accounts have been examined. audited and approved by the Commandant of the yard, as required by the Discharge of a Ordnance and other instructions. If found correct, the Commandant of the Yeoman at expiration of cruise. yard will give him a discharge; but if not so found, that officer is at once to make to the Bureau of Equipment and Recruiting, or to other Bureaus, as the case may require, a statement of deficiencies and of any circumstances which may have come to his knowledge regarding them.

11.

Commanding Officers of vessels will deliver to their successors a list of Lists of men ensuch men, enlisted for three years, as are entitled to honorable discharge, titled to honorable and when any such men are transferred such lists shall always accompany to accompany discharge always them. Officers receiving men without such lists will immediately report the them. fact to the Bureau of Equipment and Recruiting, with the name of the officer who transferred them.

12.

Commanding Officers, upon returning from a cruise, when directed to dis- At the end of charge the whole or any part of the crew, will forward, immediately on their the cruise of a vesarrival, to the Secretary of the Navy, a list of such of the crew enlisted for sel, list of men enthree years as, in his opinion, are entitled to honorable discharge, and they discharge to are not to be paid off until the discharges and continuous-service certificates sent to Navy Dehave been received from the Bureau and distributed.

titled to honorable

partment.

be

Enlistment of men who have received honorable discharge.

If honorable dis

13.

When any person, having received an honorable discharge, shall within three months from the date thereof present it at any naval rendezvous, or account for its loss in a satisfactory manner, shall answer to the description it contains, and be found physically fit for the service, he may be re-enlisted for three years; and upon his transfer to a receiving-vessel he will be entitled to three months' gratuitous pay, equal in amount to what he would have been entitled to if he had remained employed in actual service for three months, in the rate specified on the face of the honorable discharge.

14.

If the honorable discharge has been lost, reference will be made to the files charge has been of the Department for corroboration that the person presenting himself did receive it, and for a descriptive list of his person.

lost.

Disposition of

15.

The three months' pay to which an honorably-discharged man is entitled honorable dis- shall be considered honorable-discharge money, and so denominated. It charge money. will not, however, be paid in one sum, but is to be reserved for payment during the term of his re-enlistment, at such times and in such sums as the Commanding Officer may direct.

16.

Honorable dis- No person discharged at his own request, or for his own convenience, becharge not given fore the expiration of his term of enlistment, shall be given an honorable before expiration discharge.

bf term of service.

tion

Recommenda

17.

When invalids are sent to the United States from a foreign station, the of invalids Commanding Officer of the vessel to which they belong will transmit a or honorable dis- list of their names to the Department, stating the general character of each, charge. and designating such as, in his opinion, are entitled to the honorable discharge. A duplicate of the list is to be sent also to the Commandant of the station where they are to arrive.

Continuous

service cates.

18.

All men who enlist for three years, except officers' cooks, stewards, and certifi- servants, will receive, upon the expiration of their enlistments, if they shall so elect, continuous-service certificates in lieu of the ordinary or honorable discharges.

Additional pay on continuous service.

Continuous

has all the advan

19.

All persons holding continuous-service certificates will be entitled to receive for each continuous re-enlistment for three years, within three months from the date of their discharge, one dollar per month in addition to the pay prescribed for their several ratings; but a person failing to re-enlist within three months from the date of his discharge will cease to derive any advantage from his previous continuous enlistments.

20.

The continuous-service certificate will embrace all the advantages of an service certificate honorable discharge in cases where persons are recommended for the same, tage of an honora. and must always show, in the column for the purpose, whether or not the ble discharge. person is entitled to an honorable discharge.

21.

Not to be recom. Commanding Officers will not recommend for honorable discharge apmended for honor- pointed men, nor officers' cooks, stewards, and mess-boys shipped for the able discharge. cruise. Men holding these rates will receive commendatory letters, if enti tled to them, from those under whose control they have acted, approved by the Commanding Officer.

Any enlisted man holding a continuous-service certificate, who is distin- Good conduct guished for obedience and sobriety, and is proficient in seamanship or gun- badge. nery, shall receive, upon the expiration of his enlistment, a good-conduct badge; after he has received three such badges, under three consecutive reenlistments, within three months from the dates of his discharge, he shall, if qualified, be enlisted as a Petty Officer, and hold a Petty Officer's rating during subsequent continuous re-enlistments; and shall not be reduced to a lower rating except by sentence of a court-martial.

SECTION III.-Desertion.

1.

Every endeavor must be made by the officers of the Navy to check desertion, as well as absence without leave, and to apprehend promptly all persons who may desert or so absent themselves. In each case, descriptive lists, in accordance with form, signed by the Commanding Officer, showing on their face the amount of reward offered, are to be distributed among the police, but not without the permission of the local authorities.

2.

Reward for de

A reward, not exceeding twenty dollars, may be offered for the recovery of a deserter, and one not exceeding ten dollars for the recovery of a strag- serters and straggler; but in neither case is it to be paid until the delinquent is delivered on glers. board or at the place on shore where he belongs and from which he deserted. If, however, the vessel should have departed from the port, then the delivery of the delinquent to the Commanding Naval Officer present is to be regarded as equivalent to his delivery on board. Any reward paid for the apprehension and delivery of a deserter or straggler is to be charged to his account.

3.

In addition to the reward above authorized, there may be paid such ex- Reasonable expenses attending their lodgment, subsistence, and traveling as have been penses of lodging fairly incurred; and this amount, entered separately, is also to be charged and subsisting a deserter may be against the deserter. No claim for loss of time, or for subsistence, made by paid. any person apprehending and delivering a deserter or straggler, is to be entertained.

4.

A reward for the apprehension of an officer is not to be offered unless For apprehendspecially authorized by the Department, or, on a foreign station, by the ing an officer. Commander-in-Chief.

5.

Absence without leave, with a manifest intention not to return, is always Definition of deto be regarded as desertion. Absence without leave, with a probability sertion and of that the party does not intend to desert, is at first to be regarded as strag- straggling. gling, and at the expiration of ten days, if still absent, as desertion. In either case the Commanding Officer is to decide the point of intention, and to cause the party to be entered on the log and marked on the books of the Pay Officer.

6.

The wages due a deserter are forfeited to the United States-if in debt to the Government, the proceeds of his effects left on board are to be applied to liquidate it, and the balance, if any, is to be accounted for to the Fourth Auditor of the Treasury by the Pay Officer. If not in debt, the whole of said proceeds are to be so accounted for.

Wages due a deserter to be fort

102

REWARDS AND PUNISHMENTS.

7.

The R against The letter R marked against a person's name on the ship's books is to signify a deserter's name desertion, and no application to the Department for its removal will be enternot to be removed tained unless the Department is furnished with sufficient evidence that there

except

Desertions

United States.

OC

was no intention to desert. But should the account of any person returning or delivered on board, with an R already appearing against his name, not have been transmitted to the Fourth Auditor, the Commanding Officer may have it removed if he is satisfied that it ought not to remain; in which case the party is to be recredited with the wages that were due him, and credited with the proceeds that may have resulted from the sale of his effects; but under no circumstances is any allowance of wages to be made to him for the time of his absence.

8.

Should desertions occur from a vessel in the United States, her Comcurring within the manding Officer, before sailing, is to transmit to the Bureau of Equipment and Recruiting a list and description of the deserters and a duplicate of the same, with a statement of the reward offered in each case, to the Commanding Officer of the nearest station, in order that he may receive such deserters, if arrested.

vessel.

Deserters taking If a deserter from a vessel of war of the United States, in a foreign port, refuge on a foreign desert to or take refuge on board a vessel of war of another nation than that to which the port belongs, the senior officer present shall make a formal request for his delivery to the senior foreign naval officer present of the nation in question. If the request is not complied with, he will report the case and circumstances immediately to the Navy Department.

A person charged with crime, deserting abroad.

If any person belonging to the Navy, charged with crime, shall desert therefrom in the waters of any foreign station, between which nation and the United States a treaty of extradition for the apprehension and delivery of persons charged with crimes may exist, the senior officer present shall take measures for his recovery in accordance with the provisions of such treaty. In no case shall force be used to recover deserters abroad, either from the be used to recover shore or from foreign ships; but officers may be sent to either shore or ships to identify deserters.

Force never to

a deserter.

In case of ship. wreck, &c.

In case of shipwreck, or any other circumstance except capture by an enemy, whereby any person belonging to a vessel of the Navy shall become unavoidably separated from the command, it shall be his duty to proceed at once to the nearest ship, squadron, or station, and report himself to the officer in command. In the event of failure to do this, he will be regarded as a deserter, and no claim for wages will be allowed, unless he shall prove, to the satisfaction of the Department, that he was prevented by circumstances beyond his control.

CHAPTER XI.

REWARDS AND PUNISHMENTS.

SECTION I.-Rewards.

1.

Directions to The following directions will be observed by all Commanding Officers of commanding offi- vessels in respect to good-conduct classes, badges, and discharges; to grantcer in regard to ing liberty on shore to ships' companies, and to the allowance of liberty

good conduct

classes, badges, money:

&c., granting leave I. When a vessel is fitted for sea, and has her crew on board, her Comand indulgences. manding Officer will at once commence to designate her crew, in the order of good conduct, in four classes, viz, 1st, 2d, 3d, and 4th.

II. This classification of the crew should be governed at its commencement by the possession on the part of the men of honorable discharges, medals