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 35
Courts-martial are, therefore, courts of limited and special jurisdiction, and it
should appear upon the record the facts or circumstances which give jurisdiction,
either expressly or by legal intendment." Though limited in their jurisdiction, in
cases ...
Courts-martial are, therefore, courts of limited and special jurisdiction, and it
should appear upon the record the facts or circumstances which give jurisdiction,
either expressly or by legal intendment." Though limited in their jurisdiction, in
cases ...
Page 45
... but this inconvenience, however great it may be, cannot give to a military court
jurisdiction over an ordinary assault and battery committed by a citizen. The
Secretary of War approves the views of the Judge-Advocate General.” I
Exceptions.
... but this inconvenience, however great it may be, cannot give to a military court
jurisdiction over an ordinary assault and battery committed by a citizen. The
Secretary of War approves the views of the Judge-Advocate General.” I
Exceptions.
Page 61
... 4 to be saluted and to give orders the same as any surgeon; in fact they are
placed by the United States Government in the position of commissioned officers
so far as relates to their duties as surgeons.” In 1876 a contract surgeon, an alien,
...
... 4 to be saluted and to give orders the same as any surgeon; in fact they are
placed by the United States Government in the position of commissioned officers
so far as relates to their duties as surgeons.” In 1876 a contract surgeon, an alien,
...
Page 69
... and never should be, made answerable for any injury, when acting within the
scope of his authority, and not influenced by malice, corruption, or cruelty. Hence,
while an officer acts within the limits of that discretion, the same law which gives ...
... and never should be, made answerable for any injury, when acting within the
scope of his authority, and not influenced by malice, corruption, or cruelty. Hence,
while an officer acts within the limits of that discretion, the same law which gives ...
Page 78
It would give the court a discretion as to punishment where such discretion was
not intended by the articles. The 62d article, known in the English service” as the
“Devil's article,” was added to embrace those crimes not cognizable under the ...
It would give the court a discretion as to punishment where such discretion was
not intended by the articles. The 62d article, known in the English service” as the
“Devil's article,” was added to embrace those crimes not cognizable under the ...
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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...
Bibliographic information
| Title | 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 |
| Author | Rollin Augustus Ives |
| Edition | 2 |
| Publisher | D. Van Nostrand, 1879 |
| Original from | the University of California |
| Digitized | 30 Oct 2007 |
| Length | 460 pages |
| Export Citation | BiBTeX EndNote RefMan |