Notes on Military Law: Proceedings of Courts Martial; Etc |
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Page ix
... Nature , degree of , & c .. Chapter iii . COURTS MARTIAL . Authority : formation : constitution Dissolution adjournment : postponement Power Deliberations illegality : judgments 27 29 30 31 Incompetency 32 Confirmation suspension ...
... Nature , degree of , & c .. Chapter iii . COURTS MARTIAL . Authority : formation : constitution Dissolution adjournment : postponement Power Deliberations illegality : judgments 27 29 30 31 Incompetency 32 Confirmation suspension ...
Page 21
... nature ; and Sedition is supposed to apply to deeds of a treasonable or riotous nature , directed rather against the government or civil authorities , than military superiors , though necessarily involving or resulting in ...
... nature ; and Sedition is supposed to apply to deeds of a treasonable or riotous nature , directed rather against the government or civil authorities , than military superiors , though necessarily involving or resulting in ...
Page 24
... nature and degree of the arrest should always be stated in writing . An officer is not allowed to dine at mess , or appear at any place of public amusement , during the period of his arrest . * Simmons . Officers in arrest are ...
... nature and degree of the arrest should always be stated in writing . An officer is not allowed to dine at mess , or appear at any place of public amusement , during the period of his arrest . * Simmons . Officers in arrest are ...
Page 25
... nature of the arrest of a prisoner , except as regards his personal freedom in Court ; they cannot , even with a view to facilitate his defence , interfere to cause a close arrest to be enlarged . The officer in command is alone ...
... nature of the arrest of a prisoner , except as regards his personal freedom in Court ; they cannot , even with a view to facilitate his defence , interfere to cause a close arrest to be enlarged . The officer in command is alone ...
Page 31
... against the known , obvious , and common principles of natural justice . ‡ Should an officer be removed from one district or com- * Simmons . † Hough . Adye . mand to another , he does not become amenable to COURTS MARTIAL . 31.
... against the known , obvious , and common principles of natural justice . ‡ Should an officer be removed from one district or com- * Simmons . † Hough . Adye . mand to another , he does not become amenable to COURTS MARTIAL . 31.
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Common terms and phrases
absence without leave accused acquitted admissible admitted Adye Archbold army arraigned arrest Articles Articles of War attend authority award bomb vessel cause character charge circumstances civil Commanding in Chief Commanding Officer commission committed Common Law competent confinement considered convicted Court of Chivalry Court of Enquiry crime cross-examination declaration defence desertion discipline duly duty empowered examination facts Felony forfeiture Garrison Courts Martial give evidence guilty hereby Horse Guards Hough imprisonment not exceeding imputation indictment inflicted judgment justice Kennedy letter liable Majesty Majesty's ships Marine Forces Martial Law Military Court Military Law Mutiny Act navy non-commissioned officer oath offence Officer commanding opinion party person Phillipps plead President prisoner prisoner's proceedings of Courts proof prosecutor proved punishment Queen's question received Regimental Court Martial Regulations Royal Artillery Royal Marines Royal Navy Secretary at War sentence Simmons soldier swear sworn testimony Transportation treason trial troops Tytler Vide Warrant witness
Popular passages
Page 211 - ... to disperse themselves. and peaceably to depart to their habitations, or to their lawful business...
Page 210 - riot' is described to be a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Page 114 - Form ; and if any Person making such Affirmation or Declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any Matter or Thing, which if the same had been sworn in the usual Form would have amounted to wilful and corrupt Perjury...
Page 183 - ... for the term of seven years, or to be imprisoned for any term not exceeding two years ; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment...
Page 177 - An accessory before is he, that, being absent at the time of the felony committed, doth yet procure, counsel, or command another to commit a felony.
Page 186 - A felonious taking of money or goods, to any value, from the person of another or in his presence, against his will, by violence or putting him in fear.
Page xvi - The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts are open for all persons to receive justice according to the laws of the land.
Page 198 - Under this excuse, of self-defence, the principal civil and natural relations are comprehended : therefore master and servant, parent and child, husband and wife, killing an assailant in the necessary defence of each other respectively, are excused ; the act of the relation assisting being construed the same as the act of the party himself.
Page 181 - And for preventing abuses from dilatory pleas, be it enacted, that no indictment or information shall be abated by reason of any dilatory plea of misnomer or of want of addition, or of wrong addition of the party offering such plea, if the court shall be satisfied by affidavit or otherwise of the truth of such plea ; but in such case the court shall forthwith cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed...
Page 196 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.