CHAP. III.

DEFINITION, COMPOSITION, AND DISTINCTIVE JURISDICTION OP

COURTS MARTIAL...

40

CHAP. IV.

GENERAL AND DETACHMENT COURTS MARTIAL

50
CHAP. vi.

COURTS OF ENQUIRY, REGIMENTAL BOARD, MILITARY MEDICAL

BOARD

95

Court of Enquiry

ib.

Court to record Desertion

102

Regimental Board

ib.

Military Medical Board..

105

CHAP. VII.

Laws, RULES, REGULATIONS, AND CUSTOMS, CONNECTED WITH THE

ADMINISTRATION OF JUSTICE

107

Regulations for Soldiers when Embarked....

119

CHAP. VIII.

PRELIMINARIES TO TRIAL ...

137

CHAP. IX.

OF THE COURT AND PARTIES TO THE TRIAL ..

Judge Advocate

Prosecutor

Prisoner

Interpreter

Witnesses-Attendance of...

Contempts of Court

Power of Court in cases of Prevarication and Perjury

Oaths before Courts Martial

CHAP. X.

OF THE TRIAL AND ITS INCIDENTS

214

CHAP. XI.

JUDGMENT OF THE COURT, &c....

273

Finding

ib.

Other Desertions, previous Convictions, or Enquiries as to Character 290

Sentence.

304

CHAP. XII.

REVISION, CONFIRMATION, AND EXECUTION OF SENTENCE......

Revision

Confirmation

Execution of Sentence

389

ib.

395

405

CHAP. XIII.

OF EVIDENCE.

General Maxims or Rules of Evidence

Of Presumptive Evidence

Examination of Witnesses.

Of the Competency and Credibility of Witnesses

Of Confessions and Admissions by Prisoners ..

Of Written Evidence ....

419

420

458

461

477

493

498

CHAP. XIV.

OF CRIMINAL OFFENCES.

.. 511

APPENDIX.

No. I. Form of Warrant under the Sign Manual, for convening

Courts Martial abroad

615

II. Form of Warrant under the Sign Manual, for holding

General Courts Martial at home

616

III. Form of Warrant under the Sign Manual, for assembling

District or Garrison Courts Martial

.. 617

IV. Form of Warrant by a General Officer, for convening

General Courts Martial

619

V. Form of Warrant by a General Officer, to convene District

or Garrison Courts Martial

.. ib.

VI. Form of President's Warrant....

621

VII. Form of Deputy Judge Advocate's Warrant.....

622

VIII. Form of Application for a Court Martial...

ib.

IX. Form of Proceedings .

624

X. Allowances to Officers attending Courts Martial ........ 629

XI. Form of Account of contingent expenses incurred by

officiating Judge Advocates...

630

XII. Copy of Statute passed in Ireland, anno 1798, for the

enactment of Martial Law.....

631

ON THE CONSTITUTION

AND

PRACTICE OF COURTS MARTIAL,

&c. &c.

CHAPTER I.

Constitution of Courts Martial. Courts Martial formerly derived their authority His Majesty exclusively from the crown; and in the earlier bished General mutiny acts' this prerogative, so far as its influ- by prerogative, ence beyond the seas might prevail, was recognised by a special clause inserted for that purpose. .

In the present day, her majesty is empowered by the mutiny act' to grant a commission under so by statute. the royal sign manual, for the holding general courts martial within the united kingdom of Great-Britain and Ireland ; or her majesty may grant her royal commission or warrant, empowering any governor, commander of the forces, or the person or persons commanding in chief, or commanding for the time being any body of her majesty's forces, either abroad or at home, to convene courts martial; or her majesty may extend her royal warrant, enabling such officers to empower any other officer under their respective commands, not below the degree of field officer, to convene courts martial.