A Treatise on Military Law and the Jurisdiction, Constitution, and Procedure of Military Courts: With a Summary of the Rules of Evidence as Applicable to Such Courts |
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Page 13
... for the support of the army, or the attaining of the military objects in view. This
arises out of the immediate and direct physical necessity, as much so as the . law
of trespass is inoperative against those who forcibly enter a house in a ...
... for the support of the army, or the attaining of the military objects in view. This
arises out of the immediate and direct physical necessity, as much so as the . law
of trespass is inoperative against those who forcibly enter a house in a ...
Page 14
... limit its action so that it may not become a means of military despotism” “It
cannot be dispensed with under all circumstances, and if there were a law
prohibiting it, it would break through the law in cases of direct and absolute
necessity.
... limit its action so that it may not become a means of military despotism” “It
cannot be dispensed with under all circumstances, and if there were a law
prohibiting it, it would break through the law in cases of direct and absolute
necessity.
Page 15
Martial law is the immediate and direct effect and consequence of occupation or
conquest. The presence of a hostile army proclaims its martial law.” In the event
of martial law with us, one of the chief features will be the suspension of the ...
Martial law is the immediate and direct effect and consequence of occupation or
conquest. The presence of a hostile army proclaims its martial law.” In the event
of martial law with us, one of the chief features will be the suspension of the ...
Page 20
... court-martial may direct. Published orders are therefore a part of the let scripta.
Standing General Orders have been defined to be executive instructions to do or
not to do particular acts. Police and local or interior regulations come under this ...
... court-martial may direct. Published orders are therefore a part of the let scripta.
Standing General Orders have been defined to be executive instructions to do or
not to do particular acts. Police and local or interior regulations come under this ...
Page 58
... subjected to the same rules and articles of war as the regular troops of the
United States.” “ The militia may be called out either by requisition upon, or
orders to, the State executive, or by orders direct to any subordinate officer of
militia;' and, ...
... subjected to the same rules and articles of war as the regular troops of the
United States.” “ The militia may be called out either by requisition upon, or
orders to, the State executive, or by orders direct to any subordinate officer of
militia;' and, ...
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Common terms and phrases
absence according accused action allowed answer appear application appointed approved army arrest Article authority called cause challenge CHAPTER charge circumstances civil cloth commanding officer commission committed competent conduct confinement considered constitute convening convicted copy court court-martial crime death decided decision direct dismissal duly duty evidence examination execution fact field finding give given guilty held Illustrated issue judge judge-advocate jurisdiction justice limits martial matter military nature necessary oath objection offense officer or soldier Opinions J. A. G. particular party person plea practice present President prisoner proceedings proper proved punishment question rank reason receive record reference refuse regiment Regulations reviewing Revised rule Secretary sentence soldier specification Statutes sufficient sworn taken term testify testimony thereof tion trial tried United unless vote witness
Popular passages
Page 373 - I, AB, do solemnly swear (or affirm ) that I will bear true faith and allegiance to the United States of America; that I will serve them honestly and faithfully against all their enemies whomsoever; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to the rules and articles of war.
Page 368 - Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 294 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States...
Page 384 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 117 - ... disclose or discover the vote or opinion of any particular member of the court-martial, unless required to give evidence thereof, as a witness, by a court of justice, in a due course of law. So help you God.
Page 347 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Page 114 - States,' without partiality, favor, or affection; and if any doubt should arise, not explained by said articles, according to your conscience, the best of your understanding, and the custom of war in like cases; and you do further swear that you will not divulge the sentence of the court until it shall be published by the proper authority...
Page 433 - Treatise on the Combustion of Coal and the Prevention of Smoke, by C. W. Williams ; and the Economy of Fuel, by TS Prideaux.
Page 421 - If, upon marches, guards, or in quarters, different corps of the Army happen to join or do duty together, the officer highest in rank of the line of the Army, Marine Corps, or militia, by commission, there on duty or in quarters, shall command the whole, and give orders for what is needful to the service, unless otherwise specially directed by the President, according to the nature of the case.
Page 123 - The deposition may be taken before any judge of any court of the United States, or any commissioner of a circuit court, or any clerk of a district or circuit court, or any chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court or court of common pleas, of any of the United States...