A text book of military law

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1880 - 196 pages
 

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Page 111 - Act, if not inconsistent with the context, the expression " on active service " as applied to a person subject to military law means whenever he is attached -to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy, or is in military occupation of any foreign country.
Page 53 - If the accused was conscious that the act was one which he ought not to do. and if that act was" at the same time contrary to the law of the land, he is punishable...
Page 125 - ... or when all the proofs are dependent upon one, the number of proofs neither increase nor diminish the probability of the fact; for the force of the whole is...
Page 160 - Provost Marshal has existed in all British armies in the field. His particular duties are to take charge of the prisoners confined for offences of a general description ; to preserve good order and discipline ; to prevent breaches of both by the soldiers and followers of the army, by his presence at those places in which breaches of either are likely to be committed ; and, if necessary, he has by constant usage in all armies the power to punish those whom he may find in the act of committing breaches...
Page 170 - ... for any term not less than seven years, or to imprisonment, with or without hard labour, for any term not exceeding four years.
Page 170 - ... years, or imprisonment with or without hard labour (and with or without solitary confinement) for a period not exceeding two years.
Page 121 - ... where the death of the person who made the declaration is the subject of the charge, and where the circumstances of the death are the subject of the...
Page 133 - The owner, agent, or manager may, if he think fit, be sworn and examined as an ordinary witness in the case where he is charged in respect of any contravention or non-compliance by another person...
Page 119 - But where the act is itself unlawful (as in the case of a libel) the PROOF of justification or excuse, lies on the defendant ; and in failure thereof, the law implies a criminal intent.
Page 87 - ... by court-martial of the offence, or (if, having confessed the offence, he is liable to be tried), upon his trial being dispensed with by order of the competent military authority, the whole of his prior service shall be forfeited, and he shall be liable to serve as a soldier of the regular forces for the term of his original enlistment, reckoned from the date of such conviction or such order dispensing with trial, in like manner as if he had been originally attested at that date.

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