of the approval or taking effect of the sentence.' V. 409; XIII, 276; XVI, 676; XXVIII, 338; XXX, 52; XXXII, 236. Nor can pay be forfeited by any misconduct of a soldier, however grave, (other than desertion or absence without leave,) unless he is brought to trial and expressly sentenced to forfeiture for the same. XXXIX, 248.

3. A sentence forfeiting "pay" or "pay and bounty" does not affect the right of the accused to a pecuniary "allowance," -as for example, an allowance due him for clothing not drawn. XXI, 546.

4. A forfeiture by sentence, of "pay and allowances,” while it does not affect the right of the soldier to receive during his term of enlistment the usual allowance of clothing in kind, (See CLOTHING ALLOWANCE § 2,) forfeits any pecuniary allowance that may be due the soldier on account of clothing not drawn. [But see CLOTHING ALLOWANCE § 1.] And this rule applies to a case of a soldier on duty as a "general service" clerk equally as to any other enlisted man. XLIII, 110.

A sentence of forfeiture of "all pay and allowances" includes and forfeits "extra duty pay." XXXIV, 446.

5. Pay forfeited by sentence of court martial can accrue to the United States only. A sentence cannot forfeit, (appropriate, or "stop,") pay for the reimbursement or benefit of an individual, civil or military, (post trader included-see POST TRADER § 5,) however justly the same may be due him, either for money borrowed, stolen, or embezzled by the accused, or to satisfy any other pecuniary liability of the accused whether in the nature of debt or damages; nor can a sentence forfeit pay for the support or benefit of the family

This principle is well illustrated by the opinion of the Attorney General, (XIII Opins. 103,) concurring with an opinion of the Judge Advocate General, in the case of Major Herod, where it was held that the fact that the accused had been sentenced to death, on conviction of murder, did not affect his right to his pay from the date of his arrest to that of the final action taken on the sentence by the President. And see the more recent opinion of the Attorney General of November 9, 1876, (XV Opins. -,) to the effect that the pay of officers and seamen of the navy is not divested by the operation of sentences of imprisonment or suspension, but only when forfeited in specific and express terms in the sentence.

of the accused, or for the benefit of a post fund, hospital fund, &c. All forfeitures by sentence, whether or not so expressed to be in terms, are to be understood and treated as forfeitures to the United States, accruing to the general treasury.1 II, 54; VI, 177; IX, 9, 240, 257, 275; XIII, 91, 549; XVI, 322; XXVII, 422, 450; XXIX, 535; XXX, 54.

6. Where a sentence imposes a forfeiture of the "monthly" pay, or a part of the "monthly" pay, of a soldier, for a designated number of months, the sum forfeited is the amount indicated multiplied by the number of months. Thus where the sentence of a soldier imposed a confinement for eight months with a forfeiture of eight dollars of his monthly pay for the same period, the sum forfeited was not eight but sixty four dollars. XXXIV, 173.

7. Where the sentence is confinement for a certain number of months or years, with a forfeiture of pay "for the same period," the execution of the forfeiture properly begins and ends with the term of the confinement. XXX, 500.

8. A forfeiture of a soldier's pay, not limited by the sentence to the pay of any particular designated month or months or other space of time, but expressed, as such forfeitures usually are, simply as a forfeiture of a certain number, (as three, six, &c.,) of months' pay or of a certain amount of pay, (as ten, twenty or more, dollars of his pay,) is legally chargeable against the pay due and payable to the soldier at the next pay day after the promulgation of the approval of the sentence, and, if no pay is then due or that due is not sufficient to discharge the forfeiture, against the pay due and

'Soldiers' pay forfeited by sentence to the United States was, by the Act of March 3, 1851, (Sec. 4818, Rev. Sts.,) appropriated for the support of the Soldiers Home. This appropriation, as here expressed, is of "All stoppages or fines adjudged against soldiers by sentence of courts martial, over and above any amount that may be due for the reimbursement of government, or of individuals." The "individuals" here intended were no doubt sutlers and laundresses, or other persons, (including perhaps the class for whom "reparation" is provided by Art. 54,) to whom a lien on soldiers' pay may be given by statute or regulation.

It is not necessary to except in express terms the "dues of the laundress" from a forfeiture of pay in a sentence. V, 405. See the opinion of the Judge Advocate General published in G. O. 121, War Department, 1874.

payable at successive pay days till the entire forfeiture is satisfied. XXXVII, 563; XXXVIII, 662; XXXIX, 537. The forfeiture, upon the promulgation and notice to the party of the approval of the same, becomes a debt due to the United States, and may legally constitute a charge against the pay then due the party, if any, and be satisfied as far as practicable out of such pay when payable, viz. at the pay day next succeeding the promulgation of the approval or of the noting of the approved forfeiture on the muster-for-pay rolls.' XXXIX, 266.

9. Where a soldier was sentenced to be dishonorably discharged and to forfeit all his pay except twenty dollars, and, upon his discharge, it appeared that he was indebted to the United States in a greater amount, held that the excepted sum could not legally be rendered to him. XXXVII, 488, 602.

10. Where a soldier was sentenced to a forfeiture of ten dollars per month of his pay for eighteen months, and his term of enlistment expired before the end of that time, held that he could not legally be retained in the service beyond such term, for the purpose of the full execution of the forfeiture. XVI, 94, 532.

11. Where a soldier was sentenced to a forfeiture of three months' pay, but his term of enlistment expired in about two months after the approval of the sentence so that one third of the forfeiture remained unexecuted,-held, on his subsequently re-enlisting, that this balance could not legally be stopped against his pay; the second enlistment being a new and independent contract, and the party contracting not being subject to a liability attaching to the distinct status occupied by him under a previous contract. XXXVIII, 662.

12. Whether, in a case of a non-commissioned officer having pay due him, and sentenced to reduction and forfeiture of pay, the forfeiture should be satisfied out of his pay as noncommissioned officer or out of his pay as private after the reduction, will properly depend upon the intention of the

'In the practice, however, of the Pay Department such forfeitures are charged only against pay accruing subsequently to the date of the order promulgating the sentence. See G. O. 53, Hdqrs. of Army, 1878.

2 See the General Order referred to in last note.

court, if the same can be gathered from the terms of the sentence. But where a sergeant to whom a month's pay was overdue, was sentenced to be reduced to the ranks, forfeiting three months' pay,' held that this forfeiture, upon the approval of the sentence, created a debt to the United States which might legally be satisfied out of the pay of the soldier as a sergeant so far as the same would go, and, as to the balance, out of his pay as a private. XXX, 419.

13. Where an officer was sentenced to be dismissed with forfeiture of pay due, and, subsequently to the approval of the sentence, but before such approval had been promulgated to the army, or the officer had been officially notified of the same, he applied for and received the pay due him, held that inasmuch as the forfeiture had not taken effect at the time of the payment no illegal act was committed by the officer, and that the paymaster who paid him was not properly to be held accountable for the amount paid. X, 609.

14. In a case of a forfeiture, by sentence, of "pay due," (or "pay due and to become due,") the amount of pay due and payable to the party at the date of the approval of the sentence is, in contemplation of law, returned from the appropriation for the army to the general treasury, and, being in the treasury, can not, without a violation of Art. I, Sec. 9, § 6, of the Constitution, be withdrawn and restored to the party, except by the authority of Congress. XXIII, 642, 659; XXVIII, 63, 567; XXIX, 139. A forfeiture thus executed cannot therefore be remitted: a sentence forfeiting pay can be remitted only as to pay not due and payable at the date of the remission. I, 393; VIII, 392, 576, 658; IX, 196; X, 676; XXXV, 372. Where a soldier's pay has been forfeited by an executed sentence, no mere amendment of the muster-roll upon which the same has been noted can operate to undo such forfeiture. After pay forfeited by sentence has gone into the Treasury, it cannot add to the authority of the Executive to return it that the sentence was in fact void; the authority of Congress is still necessary to the reimbursement of the officer or soldier. XXXVII, 456.

XXX, 44.

15. In a case of a soldier sentenced to be dishonorably discharged, with a forfeiture of all his pay, it was ordered by the reviewing officer that the forfeiture be so far remitted that a sum "not to exceed twenty dollars" should be rendered to

him at his discharge. Held that such a remission was, strictly, inoperative by reason of its indefiniteness, it not being a remission of twenty dollars or of any part of that sum, but of some amount not fixed or capable of being fixed by competent authority. But advised, in the interests of justice and clemency, that the intent of the reviewing officer be carried out by excepting from the forfeiture the sum of twenty dollars, provided so much was found due the soldier on the final statement of his account, and, if not, any lesser sum then found so due. XXXIV, 581.

16. In executing a sentence of forfeiture of pay, the pay forfeited, in the absence of specific statutory authority for the purpose, cannot be diverted from the general treasury to any particular fund. Thus where a soldier convicted of the embezzlement of certain subsistence stores was sentenced to a forfeiture of pay, held that the Secretary of War would not be authorized to cause the pay forfeited to be added to the appropriation for the Subsistence Department so as to make good to the same the amount lost by the embezzlement. XLIII, 85.

17. Where a soldier, on enlisting, was paid an amount of money as local bounty, and this money, under an existing regulation of the Provost Marshal General's Office, adopted with a view to prevent desertion and for the safekeeping of the funds, was taken from the possession of the soldier by the military authorities, and the soldier presently deserted and was subsequently apprehended and brought to trial,advised that the court was not authorized to forfeit this money by its sentence; the same being private property of the soldier held by the authorities, not as money due him by the United States, but as a special bailment and trust for his personal benefit. XXII, 642.

SEE EIGHTY THIRD ARTICLE § 3, 4.

PAY AND ALLOWANCES § 27.

STOPPAGE § 1.
SUSPENSIONS § 7, 89.

FUEL ALLOWANCE.

SEE PAY AND ALLOWANCES § 12, note, 22-25.