be found, either in the public libraries or the record departments of the government: it is much to be regretted that no attempt has been hitherto made to collect a complete set of the ordinances of the Interregnum. Offences under the Naval Discipline Act, 1861, are divided into two principal classes:-1, Offences exclusively naval, punishable only under the Articles of War; 2, Offences punishable by ordinary law. The general judicial powers vested in Naval authorities, the constitution, jurisdiction, and procedure of Courts-martial, and the trial and punishment of Naval offences, are treated in the first part of this work. The principal authorities that have been referred to on this part of the subject are Adye, Delafons, Tytler, M'Arthur, and Hickman; the collection of reserved cases at the Admiralty has been carefully gone through, and many points of doubtful legal construction illustrated by reference to the opinions of the law officers on them. In accordance with the advice of some distinguished officers, a chapter has been inserted, containing an abstract of cases decided in the Superior Courts, bearing on questions of Naval jurisdiction: much assistance has been derived in the necessary researches on this head, from the numerous references in Mr. Prendergast's valuable work on the "Law relating to Officers in the Navy." Offences punishable by ordinary law are, when committed by persons subject to the Naval Discipline Act, brought within the jurisdiction of the Naval authorities by that statute, and may for the most part be punished in the same manner as if the offenders had been tried before any competent criminal tribunal in England.' It has been the aim of the writer in dealing with this class of offences in the latter part of the work, to give a concise and intelligible summary of the ordinary criminal law without the voluminous reports of decided cases, which embody in books of practice the technical distinctions that have been raised from time to time in the Superior Courts. The necessary references are given to the statutes relating to criminal offences, including the Consolidation Acts of 1861. A compendious abridgment of the law of evidence has been added, applicable to all judicial investigations in the Navy. In compiling the chapters on these topics, such 1 Naval Dis. Act, s. 38. extracts, as appeared suitable, have been adapted from the text-books; for it would have been mere affectation on the part of the writer to have attempted originality on legal subjects which have been so often and so ably treated. Hale's and Hawkins's "Pleas of the Crown," Foster's "Crown Law," Russell on "Crimes," Archbold's "Criminal Pleading," Starkie, Phillips, and Taylor on "Evidence," are the chief authorities on which these chapters. are founded the latest decisions of the Superior Courts have been collated, and referred to where necessary. I have now only the pleasing duty of repeating my thanks to Mr. Romaine, the Secretary, and to Messrs. Houghton and Amedroz of the Admiralty, for their uniform kindness in affording me ready access to the records, and all information in their power within their respective departments. I must also express my great obligation to Mr. Hickman, for his practical suggestions, as well for the aid that I have derived from his work on Courts-martial, in constructing an Appendix of Forms. |