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you by accident or otherwise) you do not preside at any such Court assembled by your authority.

To

{

Vice-Admiral and
Commander-in-Chief.

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

officiated as Judge

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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
of Her

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

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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.
ACCOMPLICE,

a competent witness, 53.

ACQUITTAL,

of one of several persons tried on the same charge, 66.
former, plea on account of, 121.

before an incompetent court no bar to a subsequent trial,
123.

ACQUITTED,

when the charges are proved, prisoner cannot be, 145.
ACTS,

every man responsible for the consequence of his, 48.
ACTS OF PARLIAMENT,

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-
martial is assembled, 21.

ADMIRALTY,

jurisdiction of the, 87.

may refuse to order a court-martial, 165. See also title,
Courts-Martial.

ADMISSIONS,

written documents, signed by the prisoner, to be considered,
50. See also title, Confessions.

AFFIDAVITS,

should not be received in evidence, 72.

AMERICA, NORTH,

men employed on the lakes in, amenable to courts-martial,

95.

ANSELL, FRANCIS,

case of, 102.

ARREST,

persons released from may be tried at any subsequent
period, 97.

commanding officers authorized to place offenders under,
162.

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.
remarks respecting the crime of, 202.

C.

CAPTAIN. See title, Courts-Martial.

of the fleet, position to be occupied by, at courts-martial,
23. Appendix, v.

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.,
ib. Appendix, xii. and xiii.

prisoner to be supplied with a copy of the, 30.

to be read aloud by the judge-advocate, 31.
prisoner not to be called upon to plead to the, 42.

CHARGE, OR CHARGES- continued.
when found to be frivolous, &c., 154.
observations on the framing of the, 168.

to specify some particular act or omission which constitutes
a crime, ib.

in case of loss of ship, 169.

names inserted in, to be written in full, ib.

must be certain as to party injured, ib.

dates mentioned in, to be written in words, 170.

place and time, when material, to be stated in, &c., ib.
when the offence is proved to have been committed on a
different date to that laid in the, 122. 171.

when founded on written documents, 171.

article of war violated need not be stated in the, 172.

only one offence to be inserted in one, ib.

where particular words are used in the articles of war in
reference to the crime which forms the subject of the, ib.
several persons may be included in the same, ib.

form of, 173.

CIVILIANS,

cannot be forced to attend as witnesses, 78.

when summoned, to have their expenses tendered to them,
80.

COMMANDER. See title, Courts-Martial.

COMMANDER-IN-CHIEF,

when to preside at courts-martial in foreign parts, 8.
when not to preside at courts-martial, 7.

may peruse the minutes of courts-martial, 158.

may not pardon offenders sentenced by courts-martial, or
remit punishments, 159.

may suspend the execution of the sentence, ib.

may refuse to order a courts-martial, 165.

See also title, Courts-Martial.

COMMANDING OFFICER,

not authorized to punish men for capital crimes, 125.

COMMODORES, FIRST CLASS,

position to be occupied by, at courts-martial, 23. Ap-
pendix, v.

CONFESSIONS,

evidence of, how to be received, 43.

cannot affect any but the party who made them, 45.

made by party when drunk, ib.

evidence of, should be cautiously received, ib.

made to prisoner's legal adviser, 46.

need not be made on oath, ib.

See also title, Admissions.

CONVICTION,

former, plea on account of, 123.

X

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