Skip to content

Volume 63 · 301

Public Law 81–278

To repeal certain obsolete provisions of law relating to the naval service.

Approved June 29, 1949

Statutory text

AN ACT

To repeal certain obsolete provisions of law relating to the naval service.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, the following

Naval service.

Repeal of obsolete provisions.

5 U. S. C. § 462.

5 U. S. C. § 463.

Acts and parts of Acts are hereby repealed:

Section 434, Revised Statutes.

That portion of the first sentence of section 436, Revised Statutes, which reads as follows: “or professor of mathematics”; and the second sentence of said section, which reads as follows: “Such officer or professor, when so employed, shall be entitled to receive the shore-duty pay of his grade, and no other.”

34 U. S. C. § 111.

Section 1367, Revised Statutes.

34 U. S. C. § 62

Section 1381, Revised Statutes.

34 U. S. C. § 102.

Section 1401, Revised Statutes.

34 U. S. C. § 11.

Section 1402, Revised Statutes.

34 U. S. C. § 81 note.

Section 1403, Revised Statutes.

34 U. S. C. § 223.

Section 1404, Revised Statutes.

34 U. S. C. § 174.

Section 1408, Revised Statutes.

34 U. S. C. § 198.

Section 1409, Revised Statutes.

34 U. S. C. § 133.

Section 1417, Revised Statutes, as amended.

34 U. S. C. § 221.

Section 1435, Revised Statutes.

34 U. S. C. § 252.

Section 1480. Revised Statutes, as amended.

34 U. S. C. § 483.

Section 1537, Revised Statutes.

34 U. S. C. § 484.

Section 1538, Revised Statutes.

34 U. S. C. § 485.

Section 1539, Revised Statutes.

34 U. S. C. § 876.

Section 1564, Revised Statutes.

34 U. S. C. § 653.

Section 1600, Revised Statutes.

38 U. S. C. §§ 224–228 note.

Section 4750, Revised Statutes.

38 U. S. C. §§ 224–228 note.

Section 4752, Revised Statutes.

38 U. S. C. §§ 224–228 note.

Section 4753, Revised Statutes.

38 U. S. C. §§ 224–228 note.

Section 4754, Revised Statutes.

38 U. S. C. §§ 224–228 note.

Section 4755, Revised Statutes.

Paragraph 22 of the Act of September 28, 1850, which is the fourth

34 U. S. C. § 868.

full paragraph on page 515, volume 9, Statutes at Large, and which reads as follows:

“And the pay of the superintendent of the naval school at Annapolis shall be at the rate allowed to an officer of his rank, when in service at sea.”

Joint Resolution Numbered 25 of March 3, 1863 (12 Stat. 825).

34 U. S. C. § 869.

Paragraph 6 of the Act of May 4, 1878, which is the second full paragraph on page 50, volume 20, Statutes at Large, and which reads

34 U. S. C. § 112.

as follows:

“That on and after the first day of July, eighteen hundred and seventy-eight, there shall be no appointments made from civil life of secretaries or clerks to the Admiral, or Vice-Admiral, when on sea service, commanders of squadrons, or of clerks to commanders of vessels; and an officer not above the grade of lieutenant shall be detailed to perform the duties of secretary to the Admiral or Vice-Admiral, when on sea-service, and one not above the grade of master to perform the duties of clerk to a rear-admiral, or commander, and one not above the grade of ensign to perform the duties of clerk to a captain, commander, or lieutenant-commander when afloat: Provided, That the secretaries and clerks in service on the first day of July, eighteen hundred and seventy-eight, on vessels abroad, shall continue as such until such vessel shall return to the United States on the termination of its cruise.”

So much of the fifth paragraph of the Act of March 3, 1883, as

34 U. S. C. § 231.

it appears on page 473, volume 22, Statutes at Large, and which reads as follows: “And all officers of the Navy shall be credited with the actual time they may have served as officers or enlisted men in the regular or volunteer Army or Navy, or both, and shall receive all the benefits of such actual service in all respects in the same manner as if all said service had been continuous and in the regular Navy in the lowest grade having graduated pay held by such officer since last entering the service: Provided, That nothing in this clause shall be so construed as to authorize any change in the dates of commission or in the relative rank of such officer:Provided further, That nothing herein contained shall be so construed as to give any additional pay to any such officer during the time of his service in the volunteer Army or Navy.”

Section 2 of the Act of August 3, 1886 (24 Stat. 215), as amended.

34 U. S. C. § 481.

33 U. S. C. § 451.

So much of section 5 of the Act of June 29, 1888, as it appears on page 210, volume 25, Statutes at Large, and which reads as follows: “shall receive the sea-pay of his grade, and * * *.”

The second paragraph under the heading “Pay of the Navy” of the Act of March 3, 1901, which is the first full paragraph on page 1108, volume 31, Statutes at Large, and which reads as follows:

34 U. S. C. § 344.

“That the advancement in rank of officers of the Navy and Marine Corps, whensoever made, for service rendered during the war with Spain, pursuant, respectively, to the provisions of sections fifteen hundred and six and sixteen hundred and five of the Revised Statutes,

34 U. S. C. §§ 341, 670.

shall not interfere with the regular promotion of officers otherwise entitled to promotion, but officers so advanced, by reason of war service, shall, after they are promoted to higher grades, be carried thereafter as additional to the numbers of each grade to which they may at any time be promoted; and each such officer shall hereafter be promoted in due course, contemporaneously with and to take rank next after the officer immediately above him; and all advancements made by reason of war service shall be appropriately so designated upon the official Navy list: Provided, however, That no promotion shall be made to fill a vacancy occasioned by the promotion, retirement, death, resignation, or dismissal of any officer who, at the time of such promotion, retirement, death, resignation, or dismissal, is an additional member of his grade under the foregoing provisions.”

So much of the first sentence after the subheading “Bureau of Supplies and Accounts” of the Act of March 18, 1904, as it appears on page 121, volume 33, Statutes at Large, and which reads as follows:

5 U. S. C. § 450.

“a civilian assistant, who shall perform the duties of chief clerk, and in case of the death, resignation, sickness, or absence of both the Paymaster General of the Navy or his assistant, now provided for lay law, unless otherwise directed by the President, as provided by section one hundred and seventy-nine, Revised Statutes, such civilian assistant

5 U. S. C. § 6.

shall become the acting chief of the Bureau.”

So much of the fourth paragraph under the subheading “Increase of the Navy, Equipment” of the Act of May 13, 1908, as it appears on page 159, volume 35, Statutes at Large, and which reads as follows:

34 U. S. C. § 461 note.

“and monitors now owned by the United States or hereafter built may be named as the President may direct.”

The second paragraph under the subheading “Contingent, Navy” of the Act of March 4, 1911, which appears on page 1267, volume 36, Statutes at Large, and which reads as follows:

34 U. S. C. § 74.

“That officers on the active list of the line of United States Navy who, under authority of law, now perform engineering duty on shore only are hereby made additional to the numbers in the grades in which they are now serving, and shall be carried as additional to the numbers of each grade to which they may hereafter be promoted: Provided, That said officers shall be entitled to all the benefits of retirement under existing or future laws equally with other officers of like rank and service.”

The second paragraph under the subheading “Contingent, Navy”, of the Act of March 3, 1915, which appears on page 930, volume 38,

34 U. S. C. § 223.

Statutes at Large, and which reads as follows: “Hereafter officers who now perform engineering duty on shore only and officers of the Construction Corps shall be eligible for any shore duty compatible with their rank and grade to which the Secretary of the Navy may assign them.”

The ninth paragraph under the subheading “Improvement of Construction Plants” of the Act of March 3, 1915, which appears on page 945, volume 38, Statutes at Large, and which reads as follows:

34 U. S. C. § 83 note.

“Officers of the line of the Navy who have had not less than three years’ service in the grade of ensign and have taken or are taking satisfactorily a post-graduate course in naval architecture under orders from the Secretary of the Navy shall be eligible for transfer to the grade of assistant naval constructors: Provided, That there shall not be more than five such transfers in any one calendar year and that the total increase in the number of naval constructors and assistant naval constructors by reason of such transfers shall not exceed twenty-four.”

The following portions of the Act of August 29, 1916, chapter 417, volume 39, Statutes at Large, page 556:

(a) Paragraphs 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 18, 21, and 23

34 U. S. C. §§ 741–748 note.

under the heading “Naval Flying Corps” in such chapter, which appear on pages 582, 583, 584, 585, and 586. (b) The last full paragraph, as amended, under the heading “Naval Militia and National Naval Volunteers” in such chapter, which is the fourth full paragraph on page 600.

34 U. S. C. § 531.

(c) So much of the third paragraph under the subheading “Increase of the Navy, ammunition” in such chapter, as it appears on pages 617 and 618, and which reads as follows:

34 U. S. C. § 511.

“That each and every employee of the navy yards, gun factories, naval stations, and arsenals of the United States Government is hereby granted thirty days’ leave of absence each year, without forfeiture of pay during such leave: Provided further, That it shall be lawful to allow pro rata leave only to those serving twelve consecutive months or more: And provided further, That in all cases the heads of divisions shall have discretion as to the time when the leave can best be allowed: And provided further, That not more than thirty days’ leave with pay shall be allowed any such employee in one year: Provided further, That this provision shall not be construed to deprive employees of any sick leave or legal holidays to which they may now be entitled under existing law.”

So much of the first paragraph under the heading “Pay, Miscellaneous” of the Act of July 1, 1918, which appears on page 705, volume 40, Statutes at Large, and which reads as follows: “Provided, That

34 U. S. C., Supp. II, § 600.

hereafter the Secretary of the Navy is authorized to consider, ascertain, adjust, determine, and pay the amounts due on all claims for damages to and loss of private property of inhabitants of any European country not an enemy or ally of an enemy when the amount of the claim does not exceed the sum of $1,000, occasioned and caused by men in the naval service during the period of the present war, all payments in settlement of such claims to be made out of ‘Pay, Miscellaneous’.”

Paragraph 6 of section 3 (Personnel) of the Act of June 24, 1926

34 U. S. C. § 735, par. 6.

(44 Stat. 767).

The last two paragraphs under the heading “Bureau of Supplies and Accounts, Pay, Subsistence, and Transportation of Naval Personnel” in the Act entitled “An Act making appropriations for the Navy Department and naval service for the fiscal year ending June 30, 1931, and for other purposes”, approved June 11, 1930 (46 Stat. 567, ch. 463), concerning the discharge of minors in the Navy and

34 U. S. C. § 202 note.

Marine Corps.

34 U. S. C. §§ 286–286f and notes; Supp. II,§§ 286–286d notes.

34 U. S. C. § 396a.

Section 2, 3, 4, 5, 6, 7, and 8 of the Act of March 3, 1931 (46 Stat. 1482).

Act of July 17, 1935 (49 Stat. 482).

Approved June 29, 1949.

Parsed from the official Statutes at Large USLM XML in 63.xml