The Administration of Justice Under Military and Martial Law: As Applicable to the Army, Navy, Marines, and Auxiliary Forces |
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Page iv
... common parent of the two Codes now regulating the Regular and Marine Forces of Her Majesty ; while the Armies of the United States - first in 1775 , and again in 1806 - have been , and now are , governed by a Code remodeled on the basis ...
... common parent of the two Codes now regulating the Regular and Marine Forces of Her Majesty ; while the Armies of the United States - first in 1775 , and again in 1806 - have been , and now are , governed by a Code remodeled on the basis ...
Page xx
... Common Law Courts up- hold these Tribunals 81 75 19. As shown hereafter , no Officer has a right to be arrested or 76 tried ib . ib . 1. Court of the Constable and Marshal 2. Ancient Jurisdiction .. 83 3. Constitutional objections to ...
... Common Law Courts up- hold these Tribunals 81 75 19. As shown hereafter , no Officer has a right to be arrested or 76 tried ib . ib . 1. Court of the Constable and Marshal 2. Ancient Jurisdiction .. 83 3. Constitutional objections to ...
Page xxi
... Common Law Courts reluctant to interfere 119 ib . ib . 120 .. ib . CHAPTER IX . THE ARRAIGNMENT , TRIAL , AND SENTENCE OF THE PRISONER . 1. Analogy between Military and Civil Tribunals 2. Military Courts enjoy the con- fidence of the ...
... Common Law Courts reluctant to interfere 119 ib . ib . 120 .. ib . CHAPTER IX . THE ARRAIGNMENT , TRIAL , AND SENTENCE OF THE PRISONER . 1. Analogy between Military and Civil Tribunals 2. Military Courts enjoy the con- fidence of the ...
Page xxii
... Common Law 38. Reasons of the Rule persons before the Court for notice 151 As to " honourable " acquittal ib . 63. First , the finding as a Jury 152 64. Substitution of a lesser for a greater offence ib . .. ib . 60. Voting of the Court ...
... Common Law 38. Reasons of the Rule persons before the Court for notice 151 As to " honourable " acquittal ib . 63. First , the finding as a Jury 152 64. Substitution of a lesser for a greater offence ib . .. ib . 60. Voting of the Court ...
Page xxiv
... Common Law Courts As to the Chelsea Inquiry in 1856 As a Grand Jury , with secrecy As to the use to be made of the information 14. As to amending method of 99 procedure 15. II . As to those under Statu- tory authority : Enumeration ...
... Common Law Courts As to the Chelsea Inquiry in 1856 As a Grand Jury , with secrecy As to the use to be made of the information 14. As to amending method of 99 procedure 15. II . As to those under Statu- tory authority : Enumeration ...
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Common terms and phrases
according Act and Articles Adjutant Admiralty aforesaid apply appointed Army arrest Articles of War authority awarded Capital Punishment Captains Chap charge Civil Colonel Commander-in-Chief commanding officer commissioned officer committed confirmed convening conviction corporal punishment Court of Inquiry Court-martial crime Criminal Crown death declared desertion Desp discharge Duke Duke of Wellington duty enlisted evidence execution exercise forces Government Guard imprisonment India inflicted inserted Judge Advocate Jurisdiction Justice King liable Lord Magistrate Majesty Majesty's Martial Law ment Military Code military discipline Military Law Military Officers Militia Mutiny Act Naval Courts Navy non-commissioned officer oath offence officer commanding officer or soldier Officers and Soldiers Parliament penal servitude person President prisoner proceedings provisions Provost Marshal rank Regulations reign Royal rule Secretary sentence ship Statute Superior Officer thereof tion trial Tribunals tried troops United Kingdom Volunteer Warrant witnesses
Popular passages
Page 2 - By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might and by no other ought to have been judged and executed.
Page 2 - ... of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law...
Page 190 - And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm...
Page 187 - Evangelists before the court (and the Judge Advocate or his deputy shall, and are hereby respectively authorized to, administer the same) in these words, that is to say : You shall well and truly try and determine according to your evidence the matter now before you between our sovereign lord and lady the king and queen's Majesties and the prisoner to be tried. So help you God.
Page 1 - Charter and the law of the land; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament...
Page 190 - Majesty and this present Parliament, that a body of forces should be continued for the safety of the United Kingdom, and the defence of the possessions of Her Majesty's Crown, and that the whole number of such forces should consist of one hundred and.
Page 264 - ... direct that the offender shall be kept in solitary confinement for any portion or portions of such imprisonment, or of such imprisonment with hard labour, not exceeding one month at any one time, and not exceeding three months in any one year, as to the court in its discretion shall seem meet.
Page 1 - ... be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament : And whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be inflicted by the laws and statutes of this your realm...
Page 237 - All officers and soldiers are to behave themselves orderly in quarters and on the march; and whoever...
Page 258 - 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.