A Treatise on Courts Martial and Military Law: Containing an Explanation of the Principles which Govern Courts Martial and Courts of Inquiry, Under the Authority of an Individual State, and of the United States, in War and Peace : the Powers and Duties of Individuals in the Army, Navy, and Militia, and the Punishments to which They May be Liable, Respectively, for Violations of Duty : the Necessary Forms for Calling, Assembling, and Organizing Courts Martial, and All Other Proceedings of Said CourtsThe Lawbook Exchange, Ltd., 2005 - 272 σελίδες Maltby, Isaac. A Treatise on Courts Martial and Military Law: Containing an Explanation of the Principles Which Govern Courts Martial and Courts of Inquiry, Under the Authority of an Individual State, and of the United States, in war and peace. The powers and Duties of Individuals in the Army, Navy, and Militia; and the Punishments to Which They May be Liable, Respectively, for violations of Duty. The Necessary Forms for Calling, Assembling, and Organizing Courts Martial, and All Other Proceedings of Said Courts. Boston: Printed by Thomas B. Wait and Co., 1813. [viii], 272 pp. Reprint available April 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-508-4. Cloth. $95. * Reprint of the first edition of an early American work on military law and courts martial. Based principally on legal and military American sources, it includes a series of twenty-two appendices. The first (and most extensive) contains the American Articles of War adopted in 1806, which outline the procedures for a court martial. Maltby [1767-1819], a member of the Massachusetts legislature and a prsidential elector, was a brigadier general of the state militia during the War of 1812. |
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Σελίδα 28
... prosecutor . " The privilege of challenging is mutual to the pri- soner and to the prosecutor ; for there may be sour- ces of prejudice , in favour of the prisoner , as well as against him ; and urgent motives that may sway to ac- quit ...
... prosecutor . " The privilege of challenging is mutual to the pri- soner and to the prosecutor ; for there may be sour- ces of prejudice , in favour of the prisoner , as well as against him ; and urgent motives that may sway to ac- quit ...
Σελίδα 45
... prosecution for murder . When the deceased , while in the declared apprehension of death , or in such imminent danger of it as must necessarily have raised the apprehension in his mind , has made a relation of the manner in which the ...
... prosecution for murder . When the deceased , while in the declared apprehension of death , or in such imminent danger of it as must necessarily have raised the apprehension in his mind , has made a relation of the manner in which the ...
Σελίδα 46
... prosecutor or prisoner , requires the admission of a witness , the person is to be ad- mitted , unless he be considered by the court as an incompetent witness . The question of competency * Peake's Evidence , p . 71 . of a witness is to ...
... prosecutor or prisoner , requires the admission of a witness , the person is to be ad- mitted , unless he be considered by the court as an incompetent witness . The question of competency * Peake's Evidence , p . 71 . of a witness is to ...
Σελίδα 47
... prosecutor or prisoner has a right to except to the competency or credibility of a witness ; but the exception , and ... prosecution ; that is , expect to gain or lose , or have become a party in a similar cause pending . * 1 Burr . 417 ...
... prosecutor or prisoner has a right to except to the competency or credibility of a witness ; but the exception , and ... prosecution ; that is , expect to gain or lose , or have become a party in a similar cause pending . * 1 Burr . 417 ...
Σελίδα 55
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A Treatise on Courts Martial and Military Law: Containing an Explanation of ... Isaac Maltby Προβολή αποσπασμάτων - 1813 |
Συχνά εμφανιζόμενοι όροι και φράσεις
A. B. do swear according accused adjutant administer appointed army arrest articles of war assembled authority belonging brigadier camp captain cashiered challenge charge citizen civil courts colonel commander in chief commanding officer commissioned officer committed complaint confinement convicted corps court mar court of inquiry crime criminal discharged discretion dismissed duty enemy evidence following oath garrison give guilty inflicted judge advocate judgment justice law of Massachusetts liable M'Arthur martial law martial shall adjudge Massachusetts ment military law militia muster navy necessary non-commissioned officer offence offi officer commanding officer or soldier officers and soldiers party person plea president prisoner proceedings proper prosecutor quires rank regimental court martial regulations respecting rules and articles secretary of war sect sentence of court sentence of death ship or vessel suffer death suffer such punishment superior officer tence thereof tial tion trial tried troops Tytler United unless whatsoever witnesses
Δημοφιλή αποσπάσματα
Σελίδα 167 - I will bear true faith and allegiance to the UNITED STATES OF AMERICA, and that I will serve them honestly and faithfully against all their enemies whomsoever ; and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the Rules and Articles of War.
Σελίδα 245 - 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.
Σελίδα 102 - ... time of peace, extending to the loss of life, or the dismission of a commissioned officer, or which shall, either in time of peace or war, respect...
Σελίδα 32 - No enlisted man, duly sworn, shall be discharged from the service without a discharge in writing, signed by a field officer of the regiment to which he belongs, or by the commanding officer, when no field officer is present...
Σελίδα 167 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War.
Σελίδα 200 - The foregoing articles shall be read and published, once in every six months, to every garrison, regiment, troop, or company in the service of the United States, and shall be duly observed and obeyed by all officers and soldiers in said service.