
    GEORGE P. HUNT v. THE UNITED STATES.
    (20 C. Cls. R., 554; 116 U. S. R., 394.)
    
      On the claimant's Appeal.
    
    On October 25, 1868, the appellant was a first assistant engineer in the United States Navy, and had served in that grade two years at sea on hoard a naval steamer. At the date mentioned there was no vacancy in the grade of chief engineer to which the appellant could he promoted, nor did any such vacancy occur until July 4, 1880. On October 11,1880, he was ordered to report for examination for promotion to the grade of chief engineer, and upon examination was found qualified, and on December 29, 1880, was promoted to the grade of chief engineer and received the pay of that grade from July 4, 1880. From October 25, 1868, to July 4, 1880, the appellant received the pay and emoluments of a first assistant engineer only. He claimed that for the pmriod between the two dates-just named he was entitled to the pay of chief engineer, and brought his suit to recover for that period the difference between the pay and emoluments of a first assistant engineer and of a chief engineer.
    The court below dismissed the petition, no opinion being delivered.
    The judgment of the court below is affirmed on the ground that, under the Ant of July 16, 1862 (12 Stat. L., 686, ch. 183, § 16), an officer of the Navy of a class subject by law or regulation to examination before promotion to a higher grade was not entitled to be examined until his turn for promotion had arrived or was near at hand, and that if his promotion was delayed for want of examination by reason of absence on duty the act of July 16, 1862, gave him the right to have the increased pay of the new grade begin when the examination should have taken place.
   Mr. Justice Woods

delivered the opinion of the Supreme Court, January 18, 1886.  