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port of supply is intrusted. No person tortiously or unlawfully in possession or charge of a vessel shall have authority to bind the vessel.
Sec. 3. That the officers and agents of a vessel specified in section two shall be taken to include such officers and agents when appointed by a charterer, by an owner pro hac vice, or by an agreed purcbaser in possession of the vessel, but nothing in this Act shall be construed to confer a lien when the furnisher knew, or by the exercise of reasonable diligence could have ascertained, that because of the terms of a charter party, agreement for sale of the vessel, or for any other reason, the person ordering the repairs, supplies, or other necessaries was without authority to bind the vessel therefor.
Sec. 4. That nothing in this Act shall be construed to prevent a furnisher of repairs, supplies, or other necessaries from waiving his right to a lien at any time, by agreement or otherwise, and this Act Other proceedings shall not be construed to affect the rules of law now existing, either in regard to the right to proceed against a vessel for advances, or in regard to laches in the enforcement of liens on vessels, or in regard to the priority or rank of liens, or in regard to the right to proceed in personam. Sec. 5. That this Act shall supersede the provisions of all state
perseded. statutes conferring liens on vessels in so far as the same purport to create rights of action to be enforced by proceedings in rem against vessels for repairs, supplies, and other necessaries.
Approved, June 23, 1910.
State laws not su.
General Von Steuben.
Replica of statue of, authorized for presen.
CHAP. 374.–An Act For the erection of a replica of the statue of General Von
June 23, 1910. Steuben.
(H. R. 16222.]
(Public, No. 260.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the expenditure of the sum of five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby, authorized to be made under the direction tation to German Emof the Secretary of State and the Joint Committee on the Library for peror
Pos, p. 886. the erection of a bronze replica of the statue of General Von Steuben authorized to be erected in Washington; said replica to be presented to His Majesty the German Emperor and the German Nation in recognition of the gift of the statue of Frederick the Great, presented by the Emperor to the people of the United States.
Approved, June 23, 1910.
CHAP. 378.-An Act Making appropriations for the naval service for the fiscal year
June 24, 1910, ending June thirtieth, nineteen hundred and eleven, and for other purposes.
(II. R, 23311.)
(Public, No. 261.] Be it enacted by the Senate and Ilouse of Representatives of the United
Naval service approStates of America in Congress assembled, That the following sums be,
priations. and they are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and eleven, and for other purposes.
PAY OF THE NAVY.
Pay of Navy.
Pay and allowances prescribed by law of officers on sea duty and other duty; officers on waiting orders; officers on the retired list; clerks to paymasters at yards and stations, general storekeepers and receiving ships, and other vessels; two clerks to general inspectors of Pay Corps; one clerk to pay officer in charge of deserters' rolls; commutation of quarters for officers on shore not occupying public quarters, including boatswains, gunners, carpenters, sailmakers,
machinists, pharmacists, and mates, and also naval constructors and assistant naval constructors; for hire of quarters for officers serving with troops where there are no public quarters belonging to the Government, and where there are not sufficient quarters possessed by the United States to accommodate them, or commutation of quarters not to exceed the amount which an officer would receive were he not serving with troops; pay of enlisted men on the retired list; extra pay to men reenlisting under honorable discharge; interest on deposits by men; pay of petty officers, seamen, landsmen, and apprentice seamen, including men in the engineers' force and men detailed for duty with Naval Militia, and for the Fish Commission, forty-four thousand men; and the number of enlisted men shall be exclusive of those undergoing imprisonment with sentence of dishonorable discharge from the service at expiration of such confinement; and as many machinists as the President may from time to time deem necessary to appoint, not to exceed twenty in any one year; and three thousand five hundred apprentice seamen under training at training stations and on board training ships, at the pay prescribed by law; pay of the Nurse Corps; rent of quarters for members of the Nurse Corps; thirty-three million six hundred and sixty-five thousand five hundred and thirty-six
dollars. Paymasters' clerks.
The provision of the Act approved May thirteenth, nineteen hundred and eight, entitled “An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and nine,” relating to the pay of paymasters' clerks, is hereby
amended so as to read as follows: Payandallowances. “All paymasters' clerks shall, while holding appointment in
accordance with law, receive the same pay and allowances and have the same rights of retirement as warrant officers of like length of service in the navy."
The Secretary of the Navy is authorized, in his discretion, to allow Commuta tion of members of the Nurse Cory's (female) of the navy fifteen dollars per Payments allowed. month in lieu of quarters when government quarters are not available,
and that the accounting officers of the Treasury are hereby authorized and directed to allow in the accounts of disbursing officers of the navy all payments heretofore made by them in accordance with orders of the Secretary of the Navy for commutation of quarters to members of the Nurse Corps (female) of the navy at the rate herein specified.
Vol. 35, p. 128, amended.
Retired pay, etc.
Schedule of, and al
The Secretary of the Navy shall send to Congress at the beginning lowances , to be sent to of its next regular session à complete schedule or list showing the
amount in money of all pay under the provisions of this Act and for all allowances for each grade of officers in the Navy, including retired officers, and for all officers included in this Act and for all enlisted men so included.
For commissions and interest; transportation of funds; exchange; mileage to officers while traveling under orders in the United States, and for actual personal expenses of officers while traveling abroad under orders, and for traveling expenses of civilian employees, and for actual and necessary traveling expenses of midshipmen while proceeding from their homes to the Naval Academy for examination and appointment as midshipmen; for actual traveling expenses of female nurses; for rent of buildings and offices not in navy-yards; expenses of courts-martial, prisoners and prisons, and courts of inquiry, boards of inspection, examining boards, with clerk s' and witnesses' fees, and traveling expenses and costs; stationery and recording; expenses of purchasing paymasters' offices of the various cities, including clerks,
furniture, fuel, stationery, and incidental expenses; newspapers; all advertising for the Navy Department and its bureaus (except advertising for recruits for the Bureau of Navigation); copying; care of library, including the purchase of books, photographs, prints, manuscripts, and periodicals; ferriage; tolls; costs of suits; commissions, warrants, diplomas, and discharges; relief of vessels in distress; recovery of valuables from shipwrecks; quarantine expenses; reports; professional investigation; cost of special instruction at home and abroad, in maintenance of students and attachés; information from abroad, and the collection and classification thereof; all charges pertaining to the Navy Department and its bureaus for ice for the cooling of drinking water on shore (except at naval hospitals), telephone rentals and tolls, telegrams, cablegrams, and postage, foreign and domestic, and post-office box rentals; and other necessary and incidental expenses: Provided, that the sum to be paid out of this appropriation, Allowance for cleriunder the direction of the Secretary of the Navy,for clerical, inspection, cal, etc., service. and messenger service in navy-yards, naval stations, and purchasing pay offices for the fiscal year ending June thirtieth, nineteen hundred and eleven, shall not exceed two hundred and fifty-four thousand six hundred and fifty-four dollars and twenty-five cents; in all, eight hundred and sixty-eight thousand five hundred and fifty dollars.
CONTINGENT, NAVY: For all emergencies and extraordinary expenses, exclusive of personal services in the Navy Department, or any of its subordinate bureaus or offices at Washington, District of Columbia, arising at home or abroad, but impossible to be anticipated or classified, to be expended on the approval and authority of the Secretary of the Navy, and for such purposes as he may deem proper, seventy-six thousand dollars: Provided, That the accounting officers
Civilian employees. of the Treasury are hereby authorized and directed to allow, in the settlement of accounts of disbursing officers involved, payments made under the appropriation “Contingent, navy,'' to civilian employees appointed by the Navy Department for duty in and serving at naval stations maintained in the island possessions during the fiscal year nineteen hundred and eleven: Provided further, That thirty thousand dollars, or so much thereof as may be necessary of this appropriation, work offices. shall be used for the hire of expert accountants for establishing accounting and cost of work offices at navy-yards and stations according to the plan and methods established at the Boston Navy-Yard: Provided further, That in fixing the cost of work under the various naval appropriations, the direct and indirect charges incident thereto shall be included in such cost: And provided further, That the Bureau of Supplies and Accounts shall keep the money accounts of the naval establishment in such manner as to show such charges and shall report the same annually for the information of Congress, and for no other purposes.
The Secretary of the Navy is hereby authorized to consider, ascertain, adjust and determine the amounts due on all claims for damages, Adjustment of where the amount of the claim does not exceed the sum of five hundred dollars, hereafter occasioned by collision, for which collisions vessels of the navy shall be found to be responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor.
The pay and allowances of chiefs of bureaus of the Navy Depart- Chiefs of bureaus. ment shall be the highest shore-duty pay and allowances of the rearadmiral of the lower nine; and all officers of the navy who are now
years' service. serving or shall hereafter serve as chief of bureau in the Navy Department and are eligible for retirement after thirty years' service, shall have, while on the active list, the rank, title, and emoluments of
Establishing accounting and cost of
Accounts ('ost, etc.
Collisions with naval vessels.
claims for damages,
a chief of bureau, in the same manner as is already provided by statute law for such officers upon retirement by reason of age or length of service, and such officers, after thirty years' service, shall be entitled to and shall receive new commissions in accordance with the rank and title hereby conferred.
Bureau of Naviga. tion.
BUREAU OF NAVIGATION.
Transportation: For travel allowance of enlisted men discharged on account of expiration of enlistment; transportation of enlisted men and apprentice seamen at home and abroad, with subsistence and transfers en route, or cash in lieu thereof; transportation to their homes, if residents of the United States, of enlisted men and apprentice seamen discharged on medical survey, with subsistence and transfers en route, or cash in lieu thereof, transportation of sick or insane enlisted men and apprentice seamen to hospitals, with subsistence and transfers en route, or cash in lieu thereof; apprehension and delivery of deserters and stragglers, and for railway guides and other expenses incident to transportation, eight hundred and seventy
three thousand and ninety-five dollars. Recruiting.
Recruiting: Expenses of recruiting for the naval service; rent of rendezvous and expenses of maintaining the same; advertising for and obtaining men and apprentice seamen; actual and necessary expenses in lieu of mileage to officers on duty with traveling recruiting
parties, one hundred and thirty thousand dollars: Provided, That no required.
part of this appropriation shall be expended in recruiting seamen, ordinary seamen, or apprentice seamen, unless in case of minors a certificate of birth or a verified written statement by the parents, or either of them, or in case of their death a verified written statement by the legal guardian, be first furnished to the recruiting officer, showing
applicant to be of age, required by naval regulations, which shall be Oath of applicant. presented with the application for enlistment; except in cases where
such certificate is unobtainable, enlistment may be made when the
recruiting officer is convinced that oath of applicant as to age is Discharge, etc., of credible; but when it is afterwards found upon evidence satisfactory
to the Navy Department that recruit has sworn falsely as to age, and is under eighteen years of age at the time of enlistment, he shall, upon request of either parent, be released from service in the navy, upon payment of full cost of first outfit, unless, in any given case, the Secre
tary, in his discretion, shall relieve said recruit of such payment. Contingent.
Contingent: Ferriage, continuous-service certificates, discharges, good-conduct badges, and medals for men and boys; purchase of gymnastic apparatus; transportation of effects of deceased officers and enlisted men of the navy; books for training apprentice seamen and landsmen; maintenance of gunnery and other training classes; packing boxes and materials, and other contingent expenses and emergencies arising under cognizance of the Bureau of Navigation,
unforeseen and impossible to classify, fifteen thousand dollars. Gunnery exercises. Gunnery exercises: Prizes, trophies, and badges for excellence in
gunnery exercises and target practice; for the establishment and maintenance of shooting galleries, target houses, targets, and ranges; for hiring established ranges, and for transportation of civilian assistants and equipment to and from ranges, one hundred and thirty thousand dollars.
Steaming exercises: Prizes, trophies, and badges for excellence in steaming exercises to be awarded to the ships in commission for general efficiency and for economy in coal consumption, under such rules as the Secretary of the Navy may formulate; and for the purpose of classifying, compiling, and publishing the results of the competition, ten thousand dollars.
Maintenance of auxiliaries.
Coasters Harbor Island, R. I.
OUTFITS ON FIRST ENLISTMENT: Outfits for all enlisted men and apprentice seamen of the navy on first enlistment, at not to exceed sixty dollars each, one million ninety-six thousand two hundred and eighty dollars.
MAINTENANCE OF NAVAL AUXILIARIES: Pay, transportation, shipping, and subsistence of civilian officers and crews of naval auxiliaries and all expenses connected with naval auxiliaries employed in emergencies, which can not be paid from other appropriations, seven hundred and fifty-four thousand and forty-eight dollars.
NAVAL TRAINING STATION, CALIFORNIA: Maintenance of naval training station, Yerba Buena Island, California, namely: Labor and Cal. material; buildings and wharves; general care, repairs, and improvements of grounds, buildings, and wharves; wharfage, ferriage, and street-car fare; purchase and maintenance of live stock, and attendance on same; wagons, carts, implements, and tools, and repairs to same; fire engines and extinguishers; boats and gymnastic implements; models and other articles needed in instruction of apprentice seamen; printing outfit and materials, and maintenance of same; heating and lighting; stationery, books, and periodicals; fresh water, and washing; packing boxes and materials; and all other contingent expenses; maintenance of dispensary building; lectures and suitable entertainments for apprentice seamen; in all, seventy thousand one hundred and sixty-seven dollars and sixty-five cents.
NAVAL TRAINING STATION, RHODE ISLAND: Maintenance of naval training station, Coasters Harbor Island, Rhode Island, namely: Labor and material; building and wharves; dredging 'channels; extending sea wall; repairs to causeway and sea wall; general care, repairs, and improvements of grounds, buildings, and wharves; wharfage, ferriage, and street-car fare; purchase and maintenance of live stock, and attendance on same; wagons, carts, implements, and tools, and repairs to same; fire engines and extinguishers; boats and gymnastic implements; models and other articles needed in instruction of apprentice seamen; printing outfit and materials, and maintenance of same; heating and lighting; stationery, books, and periodicals; fresh water, and washing; packing boxes and materials; and all other contingent expenses; lectures and suitable entertainments for apprentice seamen; in all, eighty-five thousand one hundred and eighty-three dollars and twenty-eight cents: Provided, That the sum to be paid out of this appropriation under the direction ices. of the Secretary of the Navy for clerical, drafting, inspection, and messenger service for the fiscal year ending June thirtieth, nineteen hundred and eleven, shall not exceed five thousand seven hundred and one dollars and sixty cents.
NAVAL TRAINING STATION, GREAT LAKES: Maintenance of naval training station: Labor and material; general care, repairs, and improvements of grounds, buildings, and piers; street-car fare; purchase and maintenance of live stock, and attendance on same; wagons, carts, implements, and tools, and repairs to same; fire extinguishers; heating and lighting; stationery, books, and periodicals; washing; packing boxes and materials; and all other contingent expenses: Provided, That the sum to be paid out of this appropriation under the direction of the Secretary of the Navy for clerical, ices. drafting, inspection, and messenger service for the fiscal year ending June thirtieth, nineteen hundred and eleven, shall not exceed fortynine thousand seven hundred and seventy-nine dollars and thirty-six cents; in all, naval training station, Great Lakes, one hundred and six thousand five hundred and ninety-nine dollars and thirty-six cents.
NAVAL WAR COLLEGE, RHODE ISLAND: For maintenance of the Roavallend Naval War College on Coasters Harbor Island, and care of grounds for same, twenty thousand and seventy-five dollars and seventy-six
Naval War College,