LONG VACATION. The recess of the Eng lish courts from August 12th to October 24th. See TERM.
PAY. Exqa compensation for longevity in actual service in the army or navy. Thornley v. U. S., 18 Ct. CL 111.
Its introduction was intended (1) to in duce men to enter the service and remain in it for life ; (2) to remove the depressing influence of long years of service in one grade without increase of pay ; (3) to com pensate for increased professional knowl edge and efficiency of officers by increas ing their pay in advance of promotion. Id.
The act relating to longevity pay deals with credit for length of service and the additional pay which arises therefrom, and not with the matter of regular salary, and it has no reference to benefits derived from promotion to different grades, but is con Lined to the lowest grade having graduated pay ; lsarton v. U. S., 129 U. S. 249, 9 Sup. Ct. 285, 32 L. Ed. 663; U. S. v. Alger, 151 U. S. 362, 14 Sup. Ct. 346, 38 L. Ed. 192; U. S. v. Stahl, 151 U. S. 366, 14 Sup. Ct. 347, 38 L. Ed. 194.
Service as midshipman at a naval acade my is service as an officer in the navy as respects longevity pay; U. S. v. Baker, 125 U. S. 646, 8 Sup. Ct. 1022, 31 L. Ed. 824; U. S. v. Cook, 128 Ti. S. 254, 9 Sup. Ct. 108, 32 L. Ed. 464 ; U. S. v. Hendee, 124 U. S.
309, 8 Sup. Ct. 507, 31 L. Ed. 465; so is that of a cadet at West Point; U. S. v. Morton, 112 U. S. 1, 5 Sup. Ct. 1, 28 L. Ed. 613; a private in the marine corps who was one of the members of the marine band is entitled to the benefit of the act ; U. S. v. Bond, 124 U. S. 301, 8 Sup. Ct. 501, 31 L. Ed. 473; and officers retired from active service ; Mar shall v. U. S., 124 U. S. 391, 8 Sup. Ct. 520, 31 L. Ed. 475. It is not necessary that one should have entered the service more than once; U. S. v. Mullan, 123 U. S. 186, 8 Sup. Ct. 78, 31 L. Ed. 140; but service in a volun teer regiment will not be included in comput ing the time of service of an officer ; U. S. v. Sweeny, 157 U. S. 281, 15 Sup. Ct. 608, 39 L. Ed. 702.
In a suit for longevity pay, a sum pre viously paid the claimant for such pay to which he was not entitled, may be deducted from the sum found to be due him; U. S. v. Stahl, 151 U. S. 366, 14 Sup. Ct. 347, 38 L. Ed. 194.
An aid to an admiral is not entitled to have his longevity pay calculated upon the additional pay which he receives as an aid ; U. S. v. Miller, 208 U. S. 32, 28 Sup. Ct. 199, 52 L. Ed. 376.