to assist at, or compose a part of, such courts-martial, the judges of England having upon a question referred to them by His Majesty's order in council of the 2nd of September, 1791, given it as their opinion that persons so situated are not commanders within the meaning of the Act 22 Geo. 2. cap. 33. Given under my hand on board the 18—. at (Signature of the Commander-in-Chief.) Το By command of the Commander-in-chief. It being enacted by the 7th section of the Act of Parliament 22 Geo. 2. cap. 33., that no commander-in-chief of any fleet or squadron of His Majesty's ships, or detachment thereof, consisting of more than five ships, shall preside at any court-martial in foreign parts, but that the officer next in command to the commander-in-chief shall hold such court-martial, and preside thereat, it is my direction that, so long as there may be a sufficient number of officers under your orders qualified to sit at and form a court-martial (either actually present, or separated from you by accident or otherwise) you do not preside at any such Court assembled by your authority. To { Vice-Admiral and No. XL. Certificate to be given by the President of the Court to the officiating Judge-Advocate. This is to certify that Mr. Advocate at a court-martial at which I presided, assembled on board Her Majesty's ship day of at 18, for the trial of officiated as Judge on the of Her Majesty's ship, for disobedience of orders, on which Certificate to be given by the President of the Court to the Provost Marshal. This is to certify that officiated as Provost Marshal at a court-martial at which I presided, assembled on board Her Majesty's ship, at day of, 18-, for the trial of on the Majesty's ship, for disobedience of orders, on which trial the Court sat days; and that he had the said as a prisoner in his charge the days on which the Court sat. Given under my hand, &c. days, exclusive of S Captain INDEX. A. ABATEMENT, plea in, 121. ABSTRACT OF COURTS-MARTIAL, from 1829 to 1848, 210. ACCESSORIES, and principals in general, 106. how to be indicted, 107. before the fact, 116. after the fact, 118. ACCESSORY, acquittal as, no bar to an indictment as principal, 123. a competent witness, 53. ACQUITTAL, of one of several persons tried on the same charge, 66. before an incompetent court no bar to a subsequent trial, ACQUITTED, when the charges are proved, prisoner cannot be, 145. every man responsible for the consequence of his, 48. relating to the discipline of the navy, 4. printed by the Queen's printer, 51. ACT 22 Geo. 2. cap. 33., why the jurisdiction thereof should be extended, 88. ADJOURNMENT, of the court over one day illegal, 26. ADMIRALS, must have their flags flying at the port when the court- ADMIRALTY, jurisdiction of the, 87. may refuse to order a court-martial, 165. See also title, ADMISSIONS, written documents, signed by the prisoner, to be considered, should not be received in evidence, 72. AMERICA, NORTH, men employed on the lakes in, amenable to courts-martial, ANSELL, FRANCIS, case of, 102. ARREST, persons released from may be tried at any subsequent commanding officers authorized to place offenders under, should not be unnecessarily severe, 163. ARTICLES OF WAR, crimes specified in the, 85. printed by the Queen's printer, evidence of such articles, 51. B. BENNETT, CAPTAIN, case of, 145. BUGGERY, punishment to be inflicted for, 142. C. CAPTAIN. See title, Courts-Martial. of the fleet, position to be occupied by, at courts-martial, CERTIFICATES, used by the prisoner in his defence, 73. CHARGE OR CHARGES, must be made in writing, 29. must be made within a certain period after the offence, &c., prisoner to be supplied with a copy of the, 30. to be read aloud by the judge-advocate, 31. |