service towards pay, or pension, for any period during which he may have forfeited his pay for absence without leave, as well as from other causes, it will not be requisite that such forfeiture should be noticed in his record, when the period thereof is less than one week.”

No. 10.-Prisoner cannot be deprived of pay, as well as beer money. Place of imprisonment to be stated in the sentence.

"I have further to suggest the propriety of remitting so much of the sentence, either as respects the beer money, or as respects the additional pay: the prisoner cannot be deprived of both; which seems to have been intended, though in fact the sentence being in the alternative is void for uncertainty. I would also observe that where a prisoner is sentenced to imprisonment, the more regular course, by the Mutiny Act and Articles of War, would be for the Court to specify the place of imprisonment in the sentence."

No. 11.-Sentence of Forfeiture of Pay, or Liquor Money, cannot be prospective; except in particular

cases.

"I have the honor of enclosing the proceedings of a Garrison Court Martial, with a view of suggesting the propriety of remitting some part of the sentence passed on the prisoner. The Court after finding him guilty of habitual drunkenness, and awarding him six weeks of solitary confinement, proceeds as follows: and further, that he be deprived of his allowance in lieu of beer, or of

additional pay, for the space of two years, should he become entitled to the same during the space of two years from this date."

"The latter part of the clause is also objectionable, since the Act does not appear to have intended that a prisoner, who is not entitled to any beer allowance, or additional pay, at the date of his conviction, shall be prospectively deprived of that which may fall to him afterwards; I would therefore submit to your consideration the entire remission of that portion of the sentence which I have cited above."

Note. Since the foregoing opinion was given an alteration has been made in the Articles of War; and General, District, and Garrison Courts Martial are now empowered to sentence a soldier to forfeiture of all advantage as to additional pay, and to pension on discharge, which might have otherwise accrued from past service, or might accrue from future service, according to the nature of the case, for disgraceful conduct, &c.

Vide 66 MUTINY ACT, 1841, SECTION 7 and 9."

No. 12.-Period of Imprisonment not to reckon in sentence of forfeiture.

"A period of imprisonment cannot be allowed to reckon towards the fulfilment of a sentence to forfeiture. The soldier, whilst in confinement, having no pay, &c. to forfeit."

No. 13.-A Deserter not an incompetent witness. "Although it should be proved to the satisfaction of the

Court Martial that a soldier called to give evidence has been convicted of desertion, it is no objection to his being examined; such conviction can only affect his credit, not his competency.

No. 14.-One evidence sufficient to convict, except in cases provided for in the Mutiny Act.

"There being no doubt of the legal sufficiency of one witness to justify conviction, if the evidence of such witness be entitled to full credit."

No. 15.-Recall of Evidence.

"The Court is at liberty at any stage of the proceedings before Finding, to recall evidence for examination."

No. 16.-Documentary Evidence relative to Character.

"Where an officer on his trial wishes to have his character spoken to by officers of high rank and character, whom he does not bring before the Court, nothing is more common than to introduce their letters in his speech, and they are then attached to the proceedings."

No. 17.-Evidence of Prisoners under sentence of punishment.

Question.

"Can a soldier, whilst a prisoner, or under sentence of punishment by Courts Martial, give evidence upon any trial?"

Answer.

"A soldier under these circumstances remains in all respects a competent wit

ness."

No. 18.-A soldier, who has himself been convicted, and punished, can give evidence against an accomplice.

Question.

"A soldier was tried, convicted, and sentenced to corporal punishment, which was inflicted. Could this man

be afterwards called upon to give evidence to convict his accomplice in the same offence, or could the proceedings of the former Court Martial be brought forward in evidence against the said accomplice ?"

Answer.

"A soldier so situated is

in all respects a competent witness: his conviction does not preclude him from giving evidence at the subsequent trial of an accomplice.

The soldier's conviction may tend to impeach his credit, but it does not destroy his competency to give evidence.

"The proceedings of the former Court Martial cannot be legally given in evidence against the accomplice."

No. 19.-Members may be changed previous to Finding of Court Martial.

"It is not necessary that the original members, the President excepted, should be upon the Court, if it be more convenient to substitute other officers; but, in the event of such substitution, it would be necessary for the officiating Judge Advocate to have a new deputation."

No. 20.-Every Member to give his opinion.
Vide"

COURTS MARTIAL, OPINION, SENTENCE." "It is proper on every account that every member, who is sworn on a Court Martial, and who has not been pre

vented attending, should give his opinion, (each party, the prosecutor and prisoner, having a right to such opinion) and it is declared that the vote of no officer, who is sworn on a Court Martial, ought to be dispensed with, merely on account of the number of members exceeding thirteen."

"It has happened that officers have been sworn, and have been stated on the proceedings as in waiting, and have withdrawn, when the Court have come to a decision; this practice is very erroneous.”

"It is now held at the Horse Guards, that a President has no casting voice, and that the President, and every member, (be the number assembled what it may) of a Court Martial is bound to vote in the judgment of the Court. A different, but certainly an erroneous opinion has prevailed, and it has been usual where more than 13 members have been sworn, to strike off the surplus, in the sentencing of a prisoner."

No. 21.-Members vote as Jurors, and Judges.
Vide" SENTENCE."

"The Commander-in-Chief desires the Court may be re-assembled, and that as Judges they may pronounce the Sentence of the law, on the crime they have found by their verdict as Jurors.

No. 22-Officers, who are not Members of a Court Martial, may not remain in Court during the Finding, and Sentence.

"The President of the General Court Martial, in the case referred, was right in refusing to accede to the request