Regulations & Instructions - 1808 - Appointment of Officers.


 
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Regulations & Instructions - 1808

Relating to His majesty's service at sea.

Section IV - Chapter II

Appointment of Officers.

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Page 81
Article I
THE Commander in Chief or Flag Officer, or Captain commanding a Squadron of His Majesty's Ships, is not to appoint by Commission or Warrant, any Officer to any Ship under his command, without being authorized so to do by the Lord High Admiral, or the Lords Commissioners of the Admiralty ; but if vacancies should occur in any Ships, he is to appoint Officers to act in them, until the pleasure of the Admiralty shall be known. Commander in Chief, Flag Officer, &c., not to appoint any Officer to a Ship by Commission or Warrant ; but to appoint officers to act in vacancies.
Article II
When a Commander in Chief is authorized to appoint Officers to vacancies which may occur in the Ships under his Command, he is never to exercise that power while in the Channel Soundings, or in the North Sea, or the Baltic, or on any of the coasts of the United Kingdom ; but he is to inform the Secretary of the Admiralty of all vacancies that may happen, that the Lords Commissioners of tie Admiralty may send Officers to fill them, or give such directions respecting them as they may think fit ; but he may appoint proper Officers to act in those vacancies, until the pleasure of the Admiralty shall be known. But not to exercise that power in certain situations.
Page 82
Article III
A Commander in Chief, having authority to appoint Officers, and not being in any of the situations specified in the preceding article, is to conform, in all appointments he may make, to the following Regulations, and to such others as he may from time to time receive from the Lords Commissioners of the Admiralty. To conform to the following Regulations in making Appointments.
Article IV
If an Officer of any Rank, except a Flag Officer, shall die, or shall be dismissed from the service, or from the Ship to which he belongs, by the Sentence of a Court Martial ; the Commander in Chief may appoint another to succeed him, by Commission or Warrant as the station of the Officer shall require ; but if a vacancy be made by any other cause, he is to appoint some proper person to act in it, until tile pleasure of the Admiralty shall be known. In what cases he may appoint Officers by Commission or Warrant.
Article V
An Officer on half pay is not on any account to be appointed to a Ship, nor to receive any commission or employment whatever, from a Commander in Chief, or any other Officer, without express directions for that purpose from the Admiralty. He is not to appoint on any account an Officer on half Pay.
Page 83
Article VI
No person shall be appointed to command a Ship of War of Twenty Guns or upwards, nor shall have the Rank of Captain, until he shall have been one complete year a Commander. No Person to Command a Ship of 20 Guns nor have the rank of Captain till he has been one year a Commander.
Article VII
No person shall be appointed to command a Sloop of War, nor shall have the rank of a Commander, until he shall have been two complete years a Lieutenant. Nor Command of a Sloop of war, nor have the rank of Commander until he has been two years a Lieutenant.
Article VIII
If a Lieutenant shall of necessity be appointed to command a Ship of Twenty Guns, or upwards, in consequence of there not being any Commander on the station, whatever may be the rate of the Ship to which he shall be appointed, notwithstanding his having the Rank of Captain as long as he shall command such Ship, if appointed by a Commander in Chief, he shall have the permanent Rank of Commander only, in consequence of such appointment. Lieutenant having the Command of a Ship of 20 Guns or upwards to have the permanent rank of Commander only.
Page 84
Article IX
No Person shall be appointed to the rank of Lieutenant, or Sub-Lieutenant unless he shall have attained the full age of nineteen years, and shall have been borne on the Books, and actually served on board, of one or more of His Majesty's Ships six complete years, two years of which he must have been rated as Master's Mate or Midshipman ; or, having gone through the established Education at the Royal Naval College at Portsmouth, he shall have served four complete years on board one or more of His Majesty's Ships ; two years of which he must have been rated as Master's Mate or Midshipman : nor unless he produce such Certificates of his age, the time of his service, and the regularity of his conduct, and shall undergo such examination, as may from time to time be directed from the Admiralty. And if any person shall produce false Certificates of his age, his good conduct, or the time of his service, he shall thereby be rendered incapable of ever receiving any Commission in His Majesty's Navy; and if the falsehood of such Certificate shall not be discovered until after he shall have obtained promotion, he shall, whenever it is discovered, be dismissed from the Navy, whatever Rank he may at that time have attained. No person is to be appointed to the rank of Lieutenant until he has attained the age of 19 years, and served six years, and produce such Certificates of age, &c. as directed by the Admiralty.

Any person producing false Certificates to be rendered incapable of receiving any Commission if discovered after promotion will be dismissed.

Article X
No person shall be appointed to serve as Master of one of His Majesty's Ships who shall not have served as second Master, if any person having so served, and being properly qualified, shall be in the Squadron. No person to be appointed Master who shall not have served as a second Master.
Page 85
Article XI
No person shall be appointed second Master of any of His Majesty's Ships, until he shall have passed such examination as may from time to time be directed. No person to be appointed second Master until he shall have passed an examination.
Article XII
No person shall be appointed to any station in which he is to have the charge of Stores, unless he can read and write, and is sufficiently skilled in Arithmetic to keep an account of them correctly. Persons appointed to take the charge of Stores to be able to read and write.
Article XIII
No person shall be appointed Gunner of any of His Majesty's Ships, who shall not have served on board one or more of His Majesty's Ships one year as a Petty Officer, and shall produce Certificates of his good conduct, and undergo such examination as may from time to time be directed. Gunners to serve one year as Petty Officers, to produce certificates and undergo an examination.
Article XIV
No person shall be appointed Boatswain of any of His Majesty's Ships, who shall not have served on board one or more of His Majesty's Ships one year as a Petty Officer, and shall produce Certificates of his good conduct. Boatswains to serve one year as Petty Officers
Page 86
Article XV
No person shall be appointed Carpenter of one of His Majesty's Ships, unless he shall have served an Apprenticeship to a Shipwright, and has been six Calendar Months a Carpenter's Mate of one or more of His Majesty's Ships, and shall produce Certificates of his good conduct. Carpenters required to have served an Apprenticeship to a Shipwright.
Article XVI
No person shall be appointed Purser of any of His Majesty's Ships, unless he shall have been rated as, and actually discharged the duty of, Captain's Clerk, in one or more of His Majesty's Ships, for one complete year ; or have been actually employed in the Office of the Secretary to a Flag Officer, for eighteen Calendar Months, and shall produce Certificates of his good conduct, and shall give such security for an honest and faithful discharge of his duty, as may, from time to time, be directed to be required. Pursers must have served as Captain's Clerks for one year, or to have been employed in the Office of the Secretary to a Flag Officer.
Article XVII
Whenever there shall be a necessity for appointing an Officer to act in any station, during the absence of another, an Officer of the same rank as, or of the rank immediately below that of the absent Officer is to be appointed, if there be one on the station. Officer of the same rank to be appointed to act in the absence of another.
Article XVIII
A Captain or Commander of any of His Majesty's Ships or Vessels is not to be removed without his consent, from the command of the Ship to which he has been appointed ; nor to be obliged by any Flag Officer to change with the Captain of any other Ship ; except the Captain of a Ship in which a Flag Officer is embarked, who may be removed to another Ship of the same or of a higher rate, and the Commander in Chief may appoint, if he think fit, such other Captain as the Flag Officer shall desire to succeed him. Except also the senior Captain commanding a Frigate, whom the Commander in Chief may remove to the command of any Ship of the Line which shall become vacant. Captain or Commander not to be moved without his consent.

Exceptions.
Page 87
Article XIX
None of the standing Warrant Officers of a Ship are to be removed by any Flag Officer without their consent. Warrant Officers not to be removed without their consent.
Article XX
If an Officer, whose situation requires that be should undergo a examination before he can be promoted, shall have left England without having passed such examination, the Commander in Chief may give orders for his being examined by Officers properly qualified to examine him. A Candidate for a Lieutenant or Sub-Lieutenant's Commission, is to be examined by three of the senior Captains of the Squadron. A Candidate for the appointment of Master, or Second Master, by one of the senior Captains and three of the best qualified Masters. A Candidate for a Gunner's Warrant, by one Master and three Gunners, in the presence of a Captain ; and a Candidate for the appointment of Surgeon, or Assistant Surgeon, by the Physician of the Fleet, the Physician and senior Surgeon of the Hospital, where there is one, and three Surgeons of the Squadron. He is strictly to enjoin the examining Officers to examine very particularly every Candidate as to his abilities and qualifications, for the station to which he aspires, and to require every Certificate, Log-book, &c. which he is directed to produce, and to satisfy themselves of their authenticity ; and to give such a Certificate as, without partiality or affection, they shall find him really to deserve, which Certificate is to be transmitted to the Secretary of the Admiralty, or to the Navy Board, or Sick and Hurt Board, as the appointment of such Officer is invested, to be examined as the Lords Commissioners, or as the respective Boards, shall direct, before any appointment will be confirmed. In what manner Officers abroad may be examined for promotion.

Duties of the examining Officers.

Page 88
Article XXI
If a Ship, not having all her Officers on board, shall arrive on the station of a Commander in Chief to whose Squadron she does not belong ; the Commander in Chief may, if the service require it, appoint proper Officers to act in such vacancies as he shall find on board her, but he is not to appoint, either by Commission or Warrant, any Officers to those vacancies, whether the ship be on her way to another station, or to England. And if the ship belong to any other Squadron. The Commander of that Squadron, may, if he think proper, supersede any of or all the appointments made by the Commander of the other Squadron. Commander in Chief of one Squadron may appoint Officers to act in vacancies in a Ship belonging to another Squadron.
Page 89
Article XXII
The Commander in Chief is, as frequently as opportunities shall offer, to send to the Secretary of the Admiralty a return of all the Officers he shall have appointed to any Ships under his Command ; either by Commission or Warrant, agreeably to forms (No. 5 and 6) in the Appendix ; and also of those whom he shall have appointed to act in any Ships, agreeably to forms (No. 7 and 8) in the Appendix ; all the columns of which are to be carefully filled up. Commander in Chief to send to the Admiralty a return of Officers appointed by him.
Article XXIII
If the Captain of any Ship, not being in any Port of the United Kingdom, nor in company with any other Ship, shall die, the senior Lieutenant shall take the command, and shall appoint a Master's Mate or Midshipman, to act as Lieutenant, in which appointment he is to select one who has passed his examination ; or if there be not one such on board, he is to prefer one who has served the time necessary to the passing an examination, before those who have not. He is himself to be considered to all intents and purposes as the Captain, and the person whom he appoints to act, is to be considered as a Lieutenant of the Ship, until they shall be superseded. But if the Ship, the Captain of which dies, shall be in company with other Ships, the senior Captain present is to make the necessary appointments. None of the preceding appointments are to be superseded by any Captain, but they may be superseded by a Flag Officer. The Officer who shall make these appointments, and the Officer appointed to Command the Ship, are to take the earliest opportunity of informing the Admiralty of them, as well as the Commander in Chief of the station where they have taken place. Senior Lieutenant to take the command in case of the death of the Captain, to appoint a person to act as Lieutenant.

If more than one Ship present the senior Captain to make the necessary appointments ; information of such appointments to be sent to the Admiralty.

Page 90
Article XXIV
If a Commission or Warrant Officer of any Ship shall die, and the service should require that another should be immediately appointed, the senior Captain present is to appoint a proper person to act until the pleasure of the Admiralty or of his Commander in Chief shall be known ; but no other than the Commander in Chief shall appoint to any vacancy occasioned by any other cause than death ; unless, from some extraordinary circumstances, the number of Officers in a Ship be so reduced, as to make it absolutely necessary to appoint others. Senior Captain present to appoint Commission or Warrant Officers in cases of death.
Article XXV
If the Captain and all the Lieutenants, and all those who maybe doing duty as Lieutenants, shall be killed in Battle ; or taken prisoners, or die, and there be no other Ship present, the Master is to succeed to the command, and is to appoint a sufficient number of Masters Mates and Midshipmen to act as Lieutenants, if any properly qualified remain on board, but if none such remain, he is to give the command of a watch to any other persons whom he may find qualified for such a trust. If the Master also be killed or taken prisoner, or die, the command shall devolve an the second Master ; after him on the Gunner, after him on the Boatswain ; and after him on the Carpenter. Any Captain or Commander may supersede all these appointments, and make such others as he shall think proper. The Master to take the command, if the Captain, all the Lieutenants and acting Lieutenants should be killed, &c., appointments to be made in consequence thereof. Second Master to succeed in the death of Master.
Page 91
Article XXVI
If a Lieutenant, or Master, succeed to the command of a Ship, of whatever rate it may be, he shall receive the pay and allowances of a Commander only ; unless, on account of his zeal and good conduct, the Admiralty shall direct that he be paid according to the rate of the Ship he may command. But if a second Master, Gunner, Boatswain, or Carpenter, succeed to the command, he shall not be entitled to the pay and allowance of a Commander ; but shall have such allowances as, on consideration of his conduct, the Admiralty shall think he deserves. A Lieutenant or Master succeeding to the command shall receive the pay and allowances of a Commander only.

Second Master, Gunner, Boatswain or Carpenter succeeding to the command to be paid as the Admiralty shall think his conduct deserves.

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