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essary to carry out the provisions of this act is hereby appropriated,
out of any money in the Treasury not otherwise appropriated: Pro-
vided, That nothing herein contained shall be so construed as to pre-
vent the re-enlistment of machinists in the Navy.
June 16, 1880, v. 21, p. 290.

VESSELS OF THE NAVY.

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Title 15, Chap. 2.

Officers to be citizensof United States.

Officers for serv.

Sec.

1539. Repairs on sails and rigging.

1540. Sale of vessels unfit to be repaired.

1541. Sale of unserviceable vessels and materials.
Unfit for service; removal from Register.
Sale of vessels stricken from Register.
Restriction on repairs.

1552. Coal depots for vessels.
4293. Suppression of piracy.
4686. Employment on coast survey.
Marine schools.

Hulks for quaiantine purposes.
Steam cruisers for the Navy.
Double-turreted monitors.
Accidents to vessels.

SEC. 1428. The officers of vessels of the United States shall in all cases be citizens of the United States.

28 June, 1864, s. 1, v. 13, p. 201.

SEC. 1437. The President may detail, temporarily, three competent ice of War De- naval officers for the service of the War Department in the inspection of transport vessels, and for such other services as may be designated by the Secretary of War.

partment.

Title 15, Chap. 6.

12 Feb., 1862, v. 12, p. 338.

SEC. 1529. The vessels of the Navy of the United States shall be divided into four classes, and shall be commanded as nearly as may be as Four classes follows: their command.

619.

How rated.

Rale for nam ng.

Two vessels

to bear the

same name.

Names of pur chased vessels.

Vessels kept in

First rates, by commodores; second rates, by captains; third rates, by commanders; fourth rates, by lieutenant-commanders.

16 July, 1862, s. 3, v. 12, p. 583.

SEC. 1530. Steamships of forty guns or more shall be classed as first rates, those of twenty guns and under forty as second rates, and all. those of less than twenty guns as third rates.

12 June, 1858, s. 5, v. 11, p. 319.

SEC. 1531. The vessels of the Navy shall be named by the Secretary of the Navy, under the direction of the President, according to the following rule:

Sailing-vessels of the first class shall be named after the States of the Union, those of the second class after the rivers, those of the third class after the principal cities and towns, and those of the fourth class as the President may direct.

Steamships of the first class shall be named after the States of the Union, those of the second class after the rivers and principal cities and towns, and those of the third class as the President may direct.

3 March, 1819, s. 1, v. 3, p. 538.

12 June, 1858, s. 5, v. 11, p. 319.

SEC. 1532. Care shall be taken that not more than one vessel in the Navy shall bear the same name.

Idem.

SEC. 1533. The Secretary of the Navy may change the names of any vessels purchased for the Navy by authority of law.

5 Aug., 1861, s. 2, v. 12, p. 316.

SEC. 1534. The President is authorized to keep in actual service in service in time of time of peace, such of the public armed vessels as, in his opinion, may be required by the nature of the service, and to cause the residue thereof to be laid up in ordinary in convenient ports.

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SEC. 1535. Vessels in actual service, in time of peace, shall be officered and manned as the President may direct, subject to the provisions of section fifteen hundred and twenty-nine.

Idem., s. 3.

navigators.

SEC. 1536. The President may, when the necessities of the service Cruising to aspermit it, cause any suitable number of public vessels adapted to the sist distressed purpose to cruise upon the coast in the season of severe weather and to afford such aid to distressed navigators as their circumstances may require; and such public vessels shall go to sea fully prepared to render such assistance.

22 Dec., 1837, v. 5, p. 208.

cles connected

SEC. 1537. No patented article connected with marine engines shall Patented artihereafter be purchased or used in connection with any steam-vessels of with marine enwar until the same shall have been submitted to a competent board of gines. naval engineers, and recommended by such board, in writing, for purchase and use.

18 July, 1861, s. 3, v. 12, p. 268.

REPAIR, APPRAISEMENT, AND SALE OF VESSELS.

and

spars.

SEC. 1538. Not more than three thousand dollars shall be expended at Repairs on hul? any navy-yard in repairing the hull and spars of any vessel, until the necessity and expediency of such repairs and the probable cost thereof are ascertained and reported to the Navy Department by an examining board, which shall be composed of one captain or commander in the Navy, designated by the Secretary of the Navy, the naval constructor of the yard where such vessel may be ordered for repairs, and two master workmen of said yard, or one master workman and an engineer of the Navy, according to the nature of the repairs to be made. Said master workmen and engineer shall be designated by the head of the Bureau of Construction and Repair. [See Aug. 5, 1882, and March 3, 1883, post.]

21 Feb., 1861, s. 1, v. 12, p. 147.

SEC. 1539. Not more than one thousand dollars shall be expended in Repairs on sails repairs on the sails and rigging of any vessel, until the necessity and and rigging. expediency of such repairs and the estimated cost thereof have been ascertained and reported to the Navy Department by an examining board, which shall be composed of one naval officer, designated by the Secretary of the Navy, and the master rigger and the master sail-maker of the yard where such vessel may be ordered. [See Aug. 5, 1882, and March 3, 1883, post.]

Idem.

Sale of vessels

SEC. 1540. The President may direct any armed vessel of the United States to be sold when, in his opinion, such vessel is so much out of re- un fit to be repair that it will not be for the interest of the United States to repair her. aired. [See Aug. 5, 1882, and March 3, 1883, post.]

21 April, 1806, s. 3, v. 2, p. 402.

NOTE.-A vessel condemned for naval purposes cannot be exchanged for another, notwithstanding the change might be of advantage to the public service.-Op. XIV, 369.

Sale of unsery • iceable

Vessels

SEC. 1541. The Secretary of the Navy is authorized and directed to sell, at public sale, such vessels and materials of the United States Navy and materials. as, in his judgment, cannot be advantageously used, repaired, or fitted out; and he shall, at the opening of each session of Congress, make a full report to Congress of all vessels and materials sold, the parties buying the same, and the amount realized therefrom, together with such other facts as may be necessary to a full understanding of his acts. [See Aug. 5, 1882, and March 3, 1883, post.]

23 March, 1872, s. 2, v. 17, p. 154.

5 Aug., 1882.

naval vessels.

It shall also be the duty of the Secretary of the Navy, as soon as may be after the passage of this act, to cause to be examined by competentboards of officers of the Navy, to be designated by him for that duty, Examination of all vessels belonging to the Navy not in actual service at sea, and vessels at sea as soon as practicable after they shall return to the United States, and hereafter all vessels on their return from foreign stations, and all vessels in the United States as often as once in three years, when practicable; and said boards shall ascertain and report to the Secretary of the Navy, in writing, which of said vessels are unfit for further service, or, if the same are unfinished in any navy-yard, those which cannot be finished without great and disproportionate expense, and shall in such report state fully the grounds and reasons for their

vessels stricken from Register.

trom bidders.

opinion. And it shall be the duty of the Secretary of the Navy, if he shall concur in opinion with said report, to strike the name of such vessel or vessels from the Navy Register and report the same to Congress. 5 Aug., 1 882, P. E. L., p. 296. Naval appropriation act.] [See post.] 3 March, 1883. It shall be the duty of the Secretary of the Navy to cause to be appraised, in such manner as may seem best, all vessels of the Navy which Appraisement of have been stricken from the Navy Register under the provisions of the act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and eighty-three, and for other purposes, approved August fifth, eighteen hundred and eighty-two. And if the said Secretary shall deem it for the best interest of the Sale of such ves- United States to sell any such vessel or vessels, he shall, after such apsels. praisal, advertise for sealed proposals for the purchase of the same, for a period not less than three months, in such newspapers as other naval advertisements are published, setting forth the name and location and the appraised value of such vessel, and that the same will be sold, for cash, to the person or persons or corporation or corporations offering the highest price therefor above the appraised value thereof; and such proposals shall be opened on a day and hour and at a place named in said advertisement, and record thereof shall be made. The Secretary Requirements of the Navy shall require to accompany each bid or proposal a deposit in cash of not less than ten per centum of the amount of the offer or proposal, and also a bond, with two or more sureties to be approved by him, conditioned for the payment of the remaining ninety per centum of the amount of such offer or proposal within the time fixed in the advertisement. And in case default is made in the payment of the remaining ninety per centum, or any part thereof, the Secretary, within the prescribed time thereof, shall advertise and resell said vessel under the provisions of this act. And in that event said cash deposit of ten per centum shall be considered as forfeited to the government, and shall be applied, first, to the payment of all costs and expenditures attending the advertisement and resale of said vessel; second, to the payment of the difference, if any, between the first and last sale of said vessel; and the balance, if any, shall be covered into the Treasury: Provided, however, That nothing herein contained shall be construed to prevent a suit upon said bond for breach of any of its conditions. Any When to be de- vessel sold under the foregoing provisions shall be delivered to the purchaser upon the full payment to the Secretary of the Navy of the amount of such proposal or offer; and the net proceeds of such sale shall be covered into the Treasury. But no vessel of the Navy shall hereafter be sold in any other manner than herein provided, or for less than such appraised value, unless the President of the United States shall otherwise direct in writing. In case any vessel now in process of construction in any navy yard has been or shall be found to be unworthy of being completed, and has been and shall be condemned under the provisions of said act, and cannot properly be sold, and it becomes necessary to remove the same, the cost of such removal shall be paid out of the net proceeds derived from the sale of other vessels hereby authorized to be sold.

livered to pur chaser.

Removal of condemned vessels.

3 March, 1883.

Restriction on repair of wooden Wessels.

3 March, 1883, s. 5, P. E. L., p. 599. [Deficiency act.]

That no part of this sum [appropriation for preservation of vessels, &c.] shall be applied to the repairs of any wooden ship when the estimated cost of such repairs, to be appraised by a competeut board of naval officers, shall exceed twenty per centum of the estimated cost, appraised in like manner, of a new ship of the same size and like material: Provided further, That nothing herein contained shall deprive the Secretary of the Navy of the authority to order repairs of ships damaged in foreign waters or on the high seas, so far as may be necessary to bring them home.

3 March, 1883, P. E. L., p. 476. [Naval appropriation act.] 3 March, 1883. That no part of said sum [appropriation for repairs of machinery, &c.] shall be applied to the repair of engiues and machinery of wooden Restriction on ships where the estimated costs of such repair shall exceed twenty per repairs of en. centum of the estimated cost of new engines and machinery of the gines, &c. same character and power, but nothing herein contained shall prevent the repair or building of boilers for wooden ships, the hulls of which can be fully repaired for twenty per centum of the estimated cost of a new ship of the same size and material.

3 March, 1883, P. E. L., p. 477.

SEC. 1552. The Secretary of the Navy may establish, at such places Title 15. Chap. 7.

as he may deem necessary, suitable depots of coal, and other fuel, for Coal-depots.

the supply of steamships of war.

31 Aug., 1842, s. 7, v. 5, p. 577.

SEC. 4293. The President is authorized to employ so many of the pub- Title 48, Chap. 8. lic armed vessels as in his judgment the service may require, with suit- Public vessels able instructions to the commanders thereof, in protecting the merchant- to suppress pivessels of the United States and their crews from piratical aggressions racy. and depredations. [See PIRACY, SLAVE TRADE, &c., Part IV.]

3 March, 1819, s. 1, v. 3, p. 510. 30 Jan., 1823, v. 3, p. 721.

Title 56.

Power to em

SEC. 4686. The President is authorized, for any of the purposes of surveying the coast of the United States, to cause to be employed such of the public vessels in actual service as he deems it expedient to employ, ploy vessels. and to give such instructions for regulating their conduct as he deems proper, according to the tenor of this Title. [Coast Survey.]

14 April, 1818, s. 1, v. 3, p. 425.

10 Feby-, 1807, s. 3, v. 2, p. 414.
NOTES.-In naval "parlance," "cruise" means the whole period between the
time when a vessel goes to sea and when she returns to the place where her
crew is paid off and she is put out of commission.-Op. IX, 375, July 27, 1859,
Black.

Government vessels are not required to employ and pay branch pilots upon
entering the ports and harbors of the United States. The exemption extends
to all public vessels whether armed or not.-Op. IV, 532, Sept. 9, 1846, Mason.

The penalties imposed by State laws for piloting vessels without due license from the State, have no application to persons employed as pilots on board public vessels of the United States, the latter vessels being within the exclusive jurisdiction of the United States.-Op. XVI, 647, Oct. 22, 1879.

The term "public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States, and those used by them for public purposes. Those laws warrant no distinction between public vessels under the control of the Navy Department and public vessels under the control of any other department of the Government. Unlicensed pilots and engineers can be lawfully em ployed on them -Op. XIII, p. 249, Hoar, June 1, 1870.

MARINE SCHOOLS.

nish vessels for

The Secretary of the Navy, to promote nautical education, is hereby 20 June, 1874. authorized and empowered to furnish, upon the application in writing of the Governor of the State, a suitable vessel of the Navy, with all Secretary of the her apparel, charts, books, and instruments of navigation, provided the Navy may fursame can be spared without detriment to the naval service, to be used marine schools. for the benefit of any nautical school, or school or college having a nautical branch, established at each or any of the ports of New York, Boston, Philadelphia, Baltimore, Norfolk, San Francisco, Wilmington, Charleston, Savannah, Mobile, New Orleans, Baton Rouge, Galveston, and in Narragansett Bay, upon the condition that there shall be maintained, at such port, a school or branch of a school for the instruction of youths in navigation, seamanship, marine enginery and all matters pertaining to the proper construction, equipment and sailing of vessels or any particular branch thereof: And the President of the United States is hereby authorized, when in his opinion the same can be done without detriment

Condition.

to the public service, to detail proper officers of the Navy as superintend- Detail of offi ents of, or instructors in, such schools: Provided, That if any such school cers. shall be discontinued, or the good of the naval service shall require, such vessels shall be immediately restored to the Secretary of the Navy, Restoration of and the officers so detailed recalled: And provided further, That no vessels. person shall be sentenced to, or received at, such schools as a punishment or commutation of punishment for crime.

20 June, 1874, v. 18, p. 121.

3 March, 1881, v. 21, p. 505.
QUARANTINE HULKS.

Schools not for penal purposes.

Vessels or hulks for quarantine purposes.

That the Secretary of the Navy be, and he is hereby, authorized, in 14 June, 1879. his discretion, at the request of the National Board of Health, to place gratuitously, at the disposal of the commissioners of quarantine, or the proper authorities at any of the ports of the United States, to be used by them temporarily for quarantine purposes, such vessels or hulks belonging to the United States as are not required for other uses of the national government, subject to such restrictions and regulations as the said Secretary may deem necessary to impose for the preservation thereof.

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5 Aug., 1882.

Two steam

armament.

STEAM CRUISERS-INCREASE OF NAVY.

Any portion of said sum not required for the purposes aforesaid may be applied toward the construction of two steam cruising vessels of cruisers, of steel. war, which are hereby authorized, at a total cost, when fully completed, not to exceed the amount estimated by the late Naval Advisory Board for such vessels, the same to be constructed of steel, of domestic manufacture, having as near as may be a tensile strength of not less than sixty thousand pounds to the square inch, and a ductility in eight inches of not less than twenty-five per centum; said vessels to be provided with full sail-power and full steam-power. One of said vessels shall be Tonnage, speed, of not less than five thousand nor more than six thousand tons displacement, and shall have the highest attainable speed, and shall be adapted to be armed with not more than four breech-loading rifled cannon, of high power, of not less than eight-inch caliber, or two of ten-inch caliber, and not more than twenty one breech-loading rifled cannon, of high power, of not less than six-inch caliber; one of said vessels shall be of not less than four thousand three hundred nor more than four thousand seven hundred tons displacement, and shall have the highest attainable speed, and shall be adapted to be armed with four breechloading rifled cannon, of high power, of not less than eight-inch caliber. or two of ten-inch caliber, and not more than fifteen breech-loading rifled cannon, of high power, of not less than six-inch caliber. The Secretary of the Navy is hereby empowered and directed to organize a board of naval officers and experts for his advice and assistance, to be Naval Advis called the "Naval Advisory Board," to serve during the period required ory Board. for the construction, armament, and trial of the vessels hereby authorized to be constructed, and no longer. Said board shall consist of five officers on the active list of the Navy in the line and the staff, to be detailed by the Secretary of the Navy, without reference to rank and with reference only to character, experience, knowledge, and skill, and two persons of established reputation and standing, as experts in naval or marine construction, to be selected from civil life, and employed for this sole duty by the Secretary of the Navy, and to be paid such sum, Compensation, out of the appropriation hereby made, not exceeding eleven thousand dollars, as he may direct: Provided however, That no person shall be a member of said board who has any interest, direct or indirect, in any invention, device, or process, patented or otherwise, to be used in the construction of said vessels, their engines, boilers, or armament, nor in Duties and any contract for the same. It shall be the duty of said board to advise powers of board. and assist the Secretary of the Navy, in his office or elsewhere, in all matters referred to them by him relative to the designs, models, plans, specifications, and contracts for said vessels in all their parts, and relative to the materials to be used therein and to the construction thereof, and especially relative to the harmonious adjustment, respectively, of their hulls, machinery, and armament; and they shall examine all materials to be used in said vessels, and inspect the work on the same as it progresses, and have general supervision thereof, under the direction of said Secretary. But said board shall have no power to make or enter into any contract, nor to direct or control any officer of the Navy, the chief of any bureau of the Navy, or any contractor. Neither of the vessels hereby authorized to be built shall be contracted for or comDrawings, spe- menced until full and complete detail drawings and specifications cifications, &c. thereof, in all its parts, including the hull, engines, and boilers, shall

Proviso.

have been provided or adopted by the Navy Department, and shall have been approved, in writing, by said board, or by a majority of the members thereof, and by the Secretary of the Navy; and after said drawings and specifications have been provided, adopted, and approved as aforesaid, and the work has been commenced or a contract made for it, they Changes or al- shall not be changed in any respect, when the cost of such change shall terations. in the construction exceed five hundred dollars, except upon the approval of said board, or a majority of the members thereof, in writing, and upon the written order of the Secretary of the Navy; and, if changes are thus made, the actual cost thereof and the damage caused thereby shall be ascertained, estimated, and determined by said board; and in any contract made pursuant to this act it shall be provided in the terms thereof that the contractor shall be bound by the determination of said board, or a majority thereof, as to the amount of the increased or diminished compensation said contractor shall be entitled to receive, if any, in consequence of such change or changes. The Secretary of the Navy

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