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424

ENGLISH AND AMERICAN PUBLICATIONS.

Mawson. Records of the Indian Command of General Sir Charles James

Napier (Calcutta). 1851.
THOMSON. Military Forces and Institutions of Great Britain. 1855.
D'AGUILAR. Courts- Martial and Courts of Inquiry. 1858.
PIPON AND COLLIER. Manual of Military Lau. 1860.
SKINNER. Rules for the Guidance of Courts- Martial (Bombay, 1863.)
CLODE. Military Forces of the Crown. 1869.

Military and Martial Law. 1872.
TULLOCH. Elementary Lectures on Military Lar. 1872.
FRANKLYN. Military Law and Laws of Evidence. 1874.

AMERICAN

MACOMB. Martial Law. 1809.

Courts- Martial. 1841.
MALTBY. Courts- Martial. 1813.
DEHART. Courts-Martial. 1846.
O'BRIEN. American Military Law and Courts- Martial. 1846.
BENET. Military Law and Courts- Martial. 1862.

Digest of Opinions of the Judge-Advocate General of the Army (3d.

Ed. 1868).
HARWOOD. Naval Courts-Martial. 1867.
KaunZ. Customs of the Service for Officers of the Army. 1866.

Customs of the Service for Non-Commissioned Officers and Soldiers.

1864. Scott. Analytical Digest of the Military Laws of the United States. 1873. LIEBER. Observations on the Origin of the Trial by Council of War. 1876.

Meaning of the term " Martial Lawin Petition of Right and

Preamble to Mutiny Act. 1877.
GARDNER. Practical Forms for use in Courts- Martial. 1876.

Law of Evidence in Courts- Martial. 1877.
REAGAN. Judge-Advocate's and Recorder's Guide. 1877.

IN D E X,

A.
ABSENCE,

Of judge-advocate, effect of, 142.
Of members of courts-martial, ascertained and recorded,

124.
ACCESSARIES,

How defined, 355.
Before the fact, 355.

None in what cases, 355.

When triable, 355.
After the fact, 355.

What necessary to constitute, 355.
None before or after the fact, in what cases, 355.

How punished, 356.
ACCOMPLICES,

When accused desires testimony of, course to pursue, 331,
Who included in term, 356.

(See Witnesses.)
ACCOUNTABILITY,

Of officers and soldiers to civil authority, 38, 39,

Double, of officers and soldiers, 39.
ADJOURNMENT,

Procedure on reconvening after, 137, 138.
ADMISSIONS,

Of contents of document, how regarded, 304,

Of party, when original evidence, 308.
AFFIRMATION,

Equivalent to an oath, 327.
False swearing under, effect of, 327.

Form of, 117.
AGENTS,

Declaration of, when admitted in evidence, 309, 310.

ANDRE, Major, case of, 279.
ANIMADVERSIONS,

Of courts-martial, 156, 157.
Courts to exercise care in, 157.

Of reviewing officer, 200.
APPROVAL OR DISAPPROVAL,

(See Reviewing Officer, Confirmation.)
ARMES, Capt., case of, 185.
ARMY IN THE FIELD,

When troops regarded as, 60, 61.

Who included in term“ serving with,” 60.
ARRESTS AND CONFINEMENT,
(1) Of Officers when subject to, 64.

Consists in what, 64.
Limits under, 64.

May apply for extension of, when, 64.
Physical restrictions applied when, 65.
Breach of, consists in what, 65, 66.

How punished, 65.
When to terminate, 66–68.
Protection from unlawful, 68, 69.
Who may place in, 69–71.

Manner of, 71.
Who may release from, 71.
Not to be placed in, when, 71.
Medical, rule as to, 71.
Not necessary to be placed in, before

trial, 71, 72.
Cannot demand an, 72.
May prefer charges, while under, 72.
Not privileged from, because member

of a court, 72.
Members and judge-advocate cannot be

placed in, by court, 71, 233.

Not under control of court, 76.
(2) Of non-com'd officer's, Who may place in, 72.
and soldiers,

To continue in, how long, 72.
ARSON,

Definition of, 360.
Requisites to prove, 360, 361.

ARTICLES OF WAR.

In United States, how derived, 17.
History of, 17, 18.

(Sec. 1342 Revised Statutes.)
1. Officers to subscribe, 375.
2. To be read to recruits, 375.
3. Officers making unlawful enlistments, 375.
4. Discharges of soldiers, 376.
5. Officers mustering persons not soldiers, 376.
6. Officers taking money on mustering, 376.
7, Returns of regiments, etc., 376.
8. Officers making false returns, 376, 235.
9. Captured stores secured for public service, 377.
10. Officers' accountability for arms, etc.,

377.
11. Furloughs, 377.
12. Musters, 377.

Officers signing false certificate, 378, 235, 236.
14. Officers making false muster of man or horse, 378.

Officers allowing military stores to be damaged, 378, 237.
16. Soldiers wasting ammunition, 378.
17. Soldiers losing or spoiling accoutrements, 378, 237–239.
18. Commanders not to be interested in sale of victuals, 379.
19. Disrespectful words against the President, etc, 379.
20. Disrespect toward commanding officer, 379, 239, 240.
21. Striking a superior officer and disobedience of orders, 379, 240–244.
22. Mutiny, 370, 244, 245.
23. Failing to resist mutiny, 379, 244, 245.
24. Quarrels and frays, 380.
25. Reproachful or provoking speeches, 380.
26. Challenge to fight, 380, 245–247.
27. Allowing persons to go out and fight; seconds, 380, 245–247.
28. Upbraiding another for refusing challenge, 381.
29. Wrongs to officers, redress of, 381, 248.
30. Wrongs to soldiers, redress of, 381.
31. Lying out of quarters, 381.
32. Soldier absent without leave, 381.
33. Absence from parade without leave, 382.
34. Soldier one mile from camp without leave, 382.
35. Failing to retire at retreat, 382.
36. Hiring duty, 382.
37. Conniving at hiring duty, 382.

38. Drunk on duty, 382, 248–253.
39. Sentinel sleeping on post, 382.
40. Quitting guard, etc., without leave, 382.
41. False alarms, 383.
42. Misbehavior before the enemy, cowardice, etc., 383.
43. Compelling a surrender, 383.
44. Disclosing watchword, 383.
45. Relieving the enemy, 383, 253, 254.
46. Corresponding with the enemy, 383, 254, 255.
47. Desertion, 383, 255, 256.
48. Deserter shall serve full term, 384.
49. Officer deserting by resignation, 384.
50. Soldier enlisting in other regiment without discharge, 384.
51. Advising to desert, 384.
52. Misconduct at divine service, 384.
53. Profane oaths, 385.
54. Officers to keep good order in their commands, 385, 256.
55. Waste or spoil, and destruction of property without orders, 385.
56. Violence to persons bringing provisions, 386.
57. Forcing a safeguard, 386.
58. Certain crimes during rebellion, 386.
59. Offenders to be delivered up to civil magistrate, 386, 256–264.
60. Crimes of fraud against the United States, 387, 264.
61. Conduct unbecoming an officer and gentleman, 384, 265–268.
62. Conduct to the prejudice of good order and military disci-

pline, 388, 268, 269.
63. Retainers to camp, 389.
64. All troops subject to articles of war, 389.
65. Arrest of officers accused of crimes, 389.
66. Soldiers accused of crimes, 389.
67. Receiving prisoners, 389.
68. Report of prisoners, 389.
69. Releasing prisoners without authority, 390.
70. Duration of confinement, 390.
71. Copy of charges and time of trial, 390.
72. Who may appoint general courts-martial, 390.

Commanders of divisions, etc., may appoint in time of war, 390
74. Judge-Advocate, 391.
75. Members of general courts-martial, 391.
76. When requisite number not at a post, 391.
77. Regular officers, on what courts may sit, 391.

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