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they shall be liable to be tried for any offence against the Articles of War, under any Act then in force for such purposes ; and such Courts Martial shall have full and exclusive cognizance of all matters and things which shall be objected against such Officers, Non-Commissioned Officers, and Soldiers respectively and all proceedings shall be had thereon, in the same manner as for offences against the Articles of War, and not otherwise ; and the Court of King's Bench, or any other Court of Justice, civil or criminal, shall not take cognizance of any Act, matter, or thing which shall be done by any such Officer, Non-Commissioned Officer, or Soldier, in pursuance of this Act; and if any proceeding shall be had in any such Court against any such Officer, Non-Commissioned Officer, or Soldier, for any such Act, matter, or thing, by indictment, action, or otherwise, all such proceedings shall be stayed by summary order, on application to the Court wherein they shall be had.

And be it enacted, That if any person who shall be detained n custody under the Powers created by this act shall sue forth a Writ of Habeas Corpus, it shall be good and sufficent return to such Writ, that the party suing forth the same is detained by virtue of a Warrant under the hand aud seal of some Officer or other person duly authorized by the Chief Governor ,or Chief Governors for the time being to issue such warrant under the Authority of this Act.

Provided nevertheless, That the name of such Officer or other person so authorized as aforesaid to issue such Warrant, shall have been previously notified by the Chief Governor or Governors, or liis or their Chief Secretary, to the Court of King's Bench, by writing, signed by the said Chief Governor or Chief Governors, or his or their Chief Secretary, and signifying to the said Court that such person or persons was or where so authorized as aforesaid to exercise the powers specified by this Act; and when such return shall be made, it shall be necessary to bring up the body of the person who is so detained.

Provided always, and be it declared and enacted, that nothing in this Act contained shall be construed to take away, abridge, or diminish the acknowledged prerogative of His Majesty for the public safety, to resort to the exercise of Martial Law against open Enemies or Traitors, or any powers by law vested in the said Lord Lieutenant or Chief Governor or Governors of this Kingdom, with or without the advice of his Majesty's Privy Council, or of any other person or persons whomsoever,

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to suppress Treason and Rebellion, and to do any act warranted by law for that purpose, in the same manner as if this Act had never been made, or in any manner to call in question any Acts heretofore done for the like

purposes. And be it enacted, That this Act shall continue and be of force until the first day of the next Session of Parliament, and for two months after the said day, and no longer : And that it shall and may be lawful to repeal, amend, or alter this Act during this Session of Parliament.

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INDEX.

law

A
Arrests, degrees of

138
Absence without leave, distinguished

Ct. Mar. has no control over 139
from desertion....

..336

, a senior officer when liable
-, may be found

to, by order of his junior .... 140
when desertion is charged..337, 437

officer released from, has no
Absentee must be tried if absence

right to demand a trial ....144
recorded by Reg. Ct. of Enquiry, Arrest of deserter by civil power ..144
unless pardoned by Commander-

of non.commissioned officers.. 141
in-Chief

341 Arson, definition and punishment of 598
Accessaries

.519 Artillery, Ct. Mar. for the trial of
punishment of .522 officers of...
Accomplices competent witnesses..484 Artillery, persons hired to be em-
Acquittal, forms of

283 ployed in, subject to military
Acts of co-mutineers

.424
as 'soldiers ...

24
Additional charges
...164, 166 Articles of war how framed..

8
Address of prisoner .252 to 257

continue till repealed...... 108
*Court revised, prisoner

for marines

.114
having been restricted in ......390 for company's troops when
Admiralty reglations for soldiers on to be observed by Queen's
board men of war
...119 troops

.....115
Admissions of parties ......493 et seq. Assault, definition of, note

589
Advice, Judge Advocate to Court in

with intent to rob ..592
points of law

....180 Award of corporal punishment, how
Adviser, legal to parties before court

limited

...382
martial. See councel.
Affirmation of Quakers and Mora.

B
vians admissible evidence ......205 Bar of trial...

.237
Africa, Gen. Cts. Mar. held in..50, 69 Bentham, qnoted

93
Alarm, using words tending to Bermuda, Gen. Cts. Mar. held at.
create, previous to or going into

(See Errata).
action

.319 Board, military medical
false, in foreign parts. .353

regimental. (See Errata) ..102
Alias, prisoner tried under

Brevet officers amenable to military
-, previous convictions recorded law, whether on half or full
under
...292 pay

...11, 14
Amicus curiæ. See councel, note. .179 Bridge pulling down a public.
Ammunition, casting away....334, 354 Brotherton, Col., evidence of.. 22
Apologies dictated

.380 Bruce, earliest writer on military
Appeal from Reg. Court Mar. how

law

81
limited.....

.76, 79 Burglary, definition of, &c. .574
opinion of J. A. General
on question of

82

C
Application for Ct. Mar. Form of..622 Camp, followers of ........25, 27, 516
Approval. See Confirmation.

Cashiered, to be hereby accordingly
Arms, casting away, in presence of not to be awarded ......378
an enemy:

...334, 354 Cashiering mitigated to dismissal ..331
under,drunk on duty,315, note 374 | Casting vote of president, when ad-
Arraignment of prisoner... ..235 missible

..280
Arrests, military, authority to im. Cattle, killing or maiming ..601
pose
.....137 Challer.ge of president.

...218
authority to remove ......145

of members......217 to 227
limitation as to time of.... 137

of district and regimental
penalty for unnecessarily Crt. Mar....

.220
detaining prisoner in ...137 Changing place of imprisonment,
of an officer.
..138

409, 291, note.

.50

....105

.162

.....601

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on

....510

Channel islands, trial of soldiers in, Commanding Officer, power of, does

32, note. not extend to other superior
Chaplain, peremptory punishment officers

...401
applicable to

...312 Competency of witnesses, See Witness.
Character, general, of prisoner, en- Complaints of soldiers.

... 76
quired into by court .....290, 428 Compulsion, inevitable, what......265

evidence as to, when bear. Conduct, disgraceful ........158, 361
ing on the charge in issue. .....430

scandalous, infamous, 156, 321
credit of witness's niay be Confessions, when evidence ..493
impeached by reference to......491

-, not against accomplice, 497
Charge, copy of,furnished to prisoner 166 Confirmation of sentence....395 to 400

general description of......151 Consent of parties cannot affect

need not be in precise terms constitution of court ...232
of Arts. of War, unless intended

may influence the
to induce special punishment....153 reception of evidence. ..233

objection to, when taken ..243 Contempts, by military persons....195
-, vagueness of, condemned ..157

by civilians

..197
to be preferred cautiously, Convictions, previous, notice of, in-
and not delayed

...160
tention to produce ..

...292
additional, not to be enter-

District Court
tained subsequent to arraignment 164 Martials

65
want of specification in,

, previous, evidence as
when a plea in bar of trial......242 to, when received

..290
not to be altered after

effect of

.296
arraignment..

..160 Copies of records, when evidence ..501
revelancy of, question for

of private writings

..503
the consideration of Court......162 of documents, sufficient to
if not supportable by law, no annex to proceedings ,

...508
punishment can with propriety

of writings not evidence
be adjudged...:
159 | Corporal punishment

.382
-, Court, taking objection to,

limitation of.

.383
adjourns and reports ....

..216
-, execution of.

.411
-, may be revised previous to Courts, common law, supremacy of 29
arraignment....

......164 Courts Martial, Her Majesty may
Cheating..
....608 constitute....

1
Church, breaking and entering ....574

general of the army may
maliciously setting fire lo..598 appoint in a certain case......2, 59
demolishing, &c.... ..600

for the trial of marines .. 3
Civilians, justiciable by Cts. Mar. 26

for the trial of East India
guilty of contempt ......197 Company's troops ...

3
Classes of officers .....

50

the creature of the legis-
Classification of offences, as to com-

lature
petent tribunal

55

convening of ..........172
Clergy, benefit of, abolished ..532

composition of......41 to 44
Coal mine, setting fire to

..600

no officer can insist on ..144
destroying or damaging..602

composed of land and ma.
Cobbing, resorted lo...

88 rine officers, how regulated ....114
Coining, offences relative to ..535, 531

', composed of Queen's and
foreign coin
..536 Company's officers

.115
Colɔnies, trials in, for non-military

assembling of

.214
offences ... ...26 to 38, 511 to 516

, swearing in

229
Colonial and regular officers, associ.

re-sworn on trial of each
ation of, on Ct. Martial

43

prisoner separately charged ....230
Command, lawful, signification of..267

, clearing of

...175
disobeying ..350

adjourn by order of
Commanding officer, how tried 51 president

..174
wben objec.

deliberate with closed
tionable as member ... ..223 doors

.....175
Commission, purchase and sale of..311

to judge of charge

...162
Commutation of transportation for

, may forbid publication of
death inay be applied by the proceedings .

...214
Commander-in-Chief at

the

whether competent to
Presidencies in India
.400 originate evidence

...167

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