62. When a soldier has been tried and sentenced by courtmartial, and his punishment has been wholly remitted, there is to be no remission of any penalty consequent on his conviction, such as forfeiture of service, good-conduct pay, &c. &c.; but when the proceedings of a court are quashed on account of their illegality, or from any other circumstances, the soldier is to be relieved from all consequences of his trial, and all record of it is to be erased. 63. When militia regiments report the fraudulent enlistment of a militia-man into the army, they are required to furnish the corps in which the man is serving with a duplicate of his militia attestation, and a certificate as follows: 66 'I hereby certify that regimental No. "released from his engagement to serve in the has not been and that the officer commanding the regiment has no objection to his being retained "to serve in Her Majesty's Army. "Signed Adjutant. Commanding officers will, on the receipt of these documents take the necessary steps for dealing with such men, in accordance with the provisions of the 50th section of the Mutiny Act, without reference to the Adjutant General. Reports of the result are in each case to be made direct to the militia regiments. Care is to be taken, in every case, that the certificate of the consent of the militia commanding officer to the man's retention to serve in the army is attached to his army attestation. 64. A soldier who has forfeited his service towards good-conduct pay and pension, will be eligible to be recommended for the restoration of such service when he establishes his claim thereto by uninterrupted good conduct (as shown by his having no entries. in the Regimental Defaulter Book) for five years in case of a first conviction entailing loss of service, for seven years in case of a second conviction of the same nature, and for ten years should any circumstance of an aggravated character have attended the commission of the offence on account of which he had incurred the penalties in question. Fraudulent enlistment while belonging to the Militia will be considered as a conviction, for this purpose only, although the man may not have been tried for the offence. A soldier may, however, be recommended for such restoration within half the periods here prescribed, provided he has shown not only unremitting good conduct, but has also given good, faithful, or gallant service of a constant and sustained character in the field, or has performed some specific act of valour in the field, reflecting honour on the regiment, and on himself. 65. The period of probation will be reckoned from the release of the soldier from imprisonment, and his return to duty, or in the case of a man confessing desertion whose trial has been dispensed with from the date of his last attestation. In cases of fraudulent enlistment from the militia, the period of probation will reckon from the date of his last attestation for the line. 66. Commanding officers will make their applications to the Adjutant General on the 1st January and 1st July of each year, for all men under their command who during each previous half year may have become eligible for restoration of forfeited service, under the rule above stated, noting opposite each man's name the exact date of his so becoming eligible. These applications are to be made on W. O. Form 435 (or 495, as the case may be), and are to be accompanied in each case by a certified copy of the record of the soldier's service. The case of a soldier awaiting discharge may be specially submitted directly he becomes eligible, when it is considered desirable not to postpone the applications until the halfyearly period. A covering-letter need not be forwarded with these applications except in the special cases, and blank returns are not to be rendered when there are no men eligible.' III.-COURTS OF INQUIRY AND BOARDS. 2 67. A Court of Inquiry may be assembled by any officer in command, to assist him in arriving at a correct conclusion on any subject on which it may be expedient for him to be thoroughly informed. With this object in view, such Court may be directed to investigate and report upon any matters that may be brought before it; but it has no power (except when convened to record the illegal absence of soldiers, as provided for in the Articles of War) to administer an oath, nor to compel the attendance of witnesses not military.3 1 Note to pars. 64-66. Applications for soldiers to be allowed to reckon former service under the provisions of clause 62, Army Circulars 1873 (R. Warrant of 3rd May), will be made to the Adjutant General on W. O. Form 1133, accompanied by the documents prescribed therein. The date of last entry in regimental defaulter book to be given in each case. 2 Dawkins v. Rokeby, 8 L. R. (Q. B.) p. 266. 1869. Q. R. 1873, sec. 23, 41, and 43. The attention of general and commanding officers is called to the 167th Article of War, which empowers Courts of Inquiry, assembled to record the absence without leave of soldiers, to take evidence upon oath respecting the deficiency of any articles of the absentee's kit, as well as to the fact of the man's absence. The declaration of such courts is to be entered in the Regimental Courtmartial Book, and that record, or a copy thereof, purporting to bear the signature 68. A Court of Inquiry is not to be considered in any light as a judicial body. It may be employed, at the discretion of the convening officer, to collect and record information only; or it may be required to give an opinion also on any proposed question, or as to the origin or cause of certain existing facts or circumstances. Specific instructions on these points are however always to be given to the Court. The proceedings are to be recorded in writing, as far as practicable in the form prescribed for courts-martial, signed by each member, and forwarded to the convening authority by the president. The foregoing applies equally to a board of officers assembled by a commanding officer. 69. A Court of Inquiry or Board of Officers may consist of any number of members, but the composition of such Courts or boards must be regulated, at the discretion of the convening officer, by the circumstances under which they are assembled. members, the senior acting as president, will in ordinary cases be found sufficient. Three 70. Medical Officers are exempted from serving as members of Courts of Inquiry or Boards, except medical Boards. Should a medical opinion be required by a military board, reference is to be made to the medical officer detailed to attend it, who will furnish his report in writing, or give evidence in person if considered necessary. 71. All proceedings of Courts of Inquiry, Boards, or Committees, for which special printed forms are not provided, are to be written on W. O. Form 263, which has been introduced for general use. 1. In all duties, whether with or without arms and whether performed by corps or by individual officers, the roster is to commence from the senior downwards. of the officer having the custody of the regimental books, shall be admissible in evidence of the facts on the trial of the soldier. The original proceedings are to be destroyed.* When a regiment embarks for foreign service, copies of such records referring to all men still absent, verified by the officer having custody of the regimental books, are to be left with the depôt. *Q. R. 1873, sec. 23, par. 43. 2. Duties are thus classified : I. Guards, 1st, of the Sovereign; 2nd, of Members of the mander-in-chief at home or abroad. II. Divisional duties under arms. III. Brigade or garrison duties under arms. 5th, of the Com Including orderly and piquet duty. V. Courts-martial. 1st, general; 2nd, district or garrison; 3rd, regimental. VI. Boards or courts of inquiry. 1st, divisional; 2nd, brigade; 3rd, regimental. 3. When an officer's tour for more than one duty comes round on the same date, he is to be detailed for that duty only, which has the precedence in the classification in par. 2, and he is to receive an overslaugh for any other duties. When an officer is actually in the performance of one duty, and his tour for another duty occurs, he is not to make good that other duty, but his tour is to pass him. An officer detailed as "in waiting" is not entitled to count a tour of duty. 4. Attendance at a court-martial, the members of which shall have been assembled and sworn, is to be reckoned a duty, though the court shall be dissolved without trying any person. On any day on which a court-martial is not actually sitting, its members are, without further orders, to be considered available for parades or other duties; they are not however to quit the station without the authority of the General Officer commanding, until the court shall have been dissolved. This rule is also applicable to courts of inquiry and boards. APPENDIX E-CHAP. II. PAR. 37. From Appendix (a) to the Queen's Regulations of September 1873. 10. Powers and duties of Deputy Judge Advocates at home 321 Note as to civil offences cognizable by the civil power (a) General Instructions. 324 1. Any number of prisoners may be tried together for an offence committed collectively, but the plea, defence, finding and sentence must be recorded separately. When more prisoners than one are tried separately by the same court-martial, the court is in all cases to be re-sworn at the commencement of each trial, and the proceedings of each trial are to be conducted and recorded separately. 2. It is important that every trial by court-martial once begun should, as far as possible, proceed with strict regularity, and without interruption, to its conclusion. The court have the power of granting an adjournment, but they should in no case permit an adjournment for the purpose of obtaining further evidence, either on behalf of the prosecution or of the prisoner, unless they are satisfied that such adjournment and production of the evidence desired is not unjust to the prisoner, and that it is necessary to assist the course of justice. Great care is therefore to be taken, both by the prosecuting officer and the prisoner, to have ready at the trial all the witnesses and documents which they may desire to produce in support of their respective cases. 3. In framing charges, care is to be taken to render them specific, in names, dates, and places. In charges against non-commissioned officers or soldiers, the prisoner's regimental number is to be inserted, but all non-essential minutiæ are to be avoided. Where a prisoner is charged with any loss or damage of articles of kit, necessaries, arms, clothing, &c., the prices of which are fixed by regulation, the value |