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PRACTICE

OF

COURTS-MARTIAL,

ALSO THE

LEGAL EXPOSITION AND MILITARY EXPLANATION

OF THE

MUTINY ACT,

AND

ARTICLES OF WAR,

TOGETHER

WITH THE CRIMES AND SENTENCES OF NUMEROUS COURTS-
MARTIAL, AND THE REMARKS THEREUPON BY HIS
MAJESTY, AND THE SEVERAL COMMANDERS
IN-CHIEF IN THE EAST-INDIES, AND

ON FOREIGN STATIONS, &c.

THE WHOLE FORMING

A MANUAL OF THE JUDICIAL AND MILITARY DUTIES OF AN
OFFICER IN VARIOUS SITUATIONS.

LIKEWISE

The general Rules of Evidence-The Mode of Proceedings by Regimental Court-
Martial-In Appeals from a Regimental to a General Court-Martial-and

the Mode of Proceeding by General Court-Martial, according
to the Practice of the Horse-Guards:

ALSO

An Exposition of the Criminal and Statute Law of England, applicable to Capital,
&c. Crimes, cognizable by General Courts-Martial; together with the
Forms of Indictment, the Evidence, the Number of Witnesses,

and the Penalty prescribed in each Case;

WITH

Several Cases decided in the Courts of Law, relative to the Military Body, and various
other Matter, from the latest and most approved Works.

SECOND EDITION,

Upon a New and Improved Plan, carefully revised and corrected, and the Whole rendered a practical
Work, applicable to His Majesty's and the Hon. East-India Company's Forces generally,

BY CAPTAIN HOUGH,

48th Regt. Bengal Native Infantry.

The Legal Portion of the Work, including the Exposition and Explanation of the Mutiny Act and

the Articles of War, revised and corrected

BY GEORGE LONG, Esq.

Of Gray's Inn, Barrister-at-Law.

LONDON:

PUBLISHED BY KINGSBURY, PARBURY, AND ALLEN,

LEADENHALL STREET.

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CHAPER I.-Explanation of the Mutiny Act; of the duty of Troops

on board the H. E. I. Company's Ships; and mode of proceeding

when a Complaint is made.-Assembly of a Court of Inquiry.—

Mode of Framing Charges.-Preliminaries before Assembly of a

General &c. Court-Martial. P. 1 to 55.

CHAP. II.-Divine Worship, &c.-P. 55 to 60.

CHAP. III.-Mutiny, &c.-P. 60 to 111.

CHAP. IV. Discharging, &c. Soldiers.-P. 111 to 113.

CHAP. V.-Musters, &c.-P. 113 to 136.

CHAP. VI. Returns, &c.-P. 132 to 136.

CHAP. VII.-Desertion and Absence Without Leave.-P. 136 to 174.

CHAP. VIII.—Quarrels and Sending Challenges.-P. 174 to 211.

CHAP. IX. Suttling, &c.-P. 212 to 219.

CHAP. X.-Crimes punishable by Law.-P. 219 to 228.

CHAP. XI.-Redressing Wrongs.-P. 228 to 252.

CHAP. XII.-Embezling, Selling, Spoiling, &c. Stores, Arms, &c.—

P. 252 to 278.

CHAP. XIII.—Duties in Quarters, in Garrison, or in the Field.—

P. 279 to 365.

CHAP. XIV.-Rank.-Brevets.-P. 365 to 367.

CHAP. XV.-Administration of Justice.-P. 367 to 550.

CHAP. XVI.-Accounts of Soldiers.-P. 550 to 552.

CHAP. XVII.-Effects and Credits of deceased Officers and Soldiers,

and of Deserters.-P. 553 to 587.

CHAP. XVIII.-Artillery and Engineers.-P. 587 to 598.

CHAP. XIX.-Troops Raised or Serving in Independent Settlements-

P. 598 to 605.

CHAP. XX.-His Majesty's Troops in the East-Indies.-P. 605 to 606.

CHAP. XXI.-Troops on Board ships of War.-P. 607 to 625.

CHAP. XXII.-Relating to the foregoing Articles, (including Capital

Crimes).-P. 625 to 875.

CHAP. XXIII.-General Rules of Evidence, &c.-P. 875 to 927.

CHAP. XXIV.-Mode of Proceeding on a Trial before a Regimental

Court-Martial-On an Appeal from a Regimental to a General Court-

Martial, and before a General Court-Martial.-927 to 960.

50

62

80

81

84

87

89

152

170

208

273

313

341

374

408

412 412

445....

446

447

468

478

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5, b., for, or they might find one or both of them guilty of manslaughter, read, or
they might find a true bill against one or both for manslaughter.

14, b., for dep. adj., read judge adv.; and after are, add not in England.

11, b., for eight, rend three.

9, for 192, read 19.-2.

2, b., for taken, read take. 22, for of, read by.

3, b., dele and.

2, b., for his, read its.

23, for cause, read course

21, for extenuary,

note 74, dele 74.

read extenuatory.

2, for need not, read must;-line 3, after is, add not.
20, after make, add good.

26, for office, read offence.

12, after extent, add a full stop; and make it-It.

27, for seugur, read se ugur.

11, b., for koyih, read ko yih.

note 112, for Archbold's Criminal Plea, read Military Law of England, p. 108. 25, for Wahib, read Wahid.

18, for one of H.M.'s jails of the K.B., read in the K.B prison; line 27, for cause, read

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3, after practice, add semicolon; after England, dele semicolon, and add a comma;
line 8, for Not only is it, read It is.

8, for with, read without.

14, after directed, add would.

7, after is, add his.

11, b., for inducia, read indicia.

13, after several, add a comma.
20, for inducia, read indicia.

9, b., for maligners, read malingerers.
16, b., for he, read it.

32, for attend, read extend.

27, for nuncapative, read nuncupative.
12, for demised, read devised.

....last, for receding, read preceding.
33, for by, read towards.

:::

31, for cause, read course.

33, for country, read county.

8, b., for try, read by.

6, for or, read of;-line 21, after and, add not.

2, b., for Sec. x., read Sec. viii.

22, for constructed, read construed.

24, for tending, r ad tendering.

note 358, line 1, after the, add late.

note 368, line 3, dele either.

21, for defendo, read defendendo.
2, for charge, read case.

note 470, for p. 79, read 791.

25, for on, read an;-line 35, for correct, read corrupt.

note 498, line 1, for for, read or;--note 504, should be 505.

4, for tenorum, read tenorem.

note 546, make 548;-make 547, 548*;-548, 548**,

note 557, last line, for astendere, read ostendere.

27, for tales, read tails.

4, dele comma aft r illud, and insert it after horrible.

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12, for precedent.-Wrongful, read precedent wrongful;-note 799, line 4, after theft,
add a colon.

876

5, for particepes, read participes.

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888

15, add the word as, before accessory.

891

2, for payer, read payee.

892

... 12, add as, before clearly.

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note 67, for (See note 74), read note 78;-dele bracket after majesty, and put one
after theatre.

5, add as, before whether;-note 95, for Brad, read Brod.

note 106, line 2, for auterpois, read autrefois.

No. 89, line 2, for abjects, read objects.

note 140, line 1, after been, add entered;-note 144, for note 141, read 142.

note 148, line 4, add the, before kâzee, and decree.

4, for intend, read intended.

.... note 182, line 2, for the hand-writing, read his, &c.

note 16, line 2, for objection, read object.

29, for creditable, read credible.

note 63, line 4, for rested, read stayed.

21, insert-Such would be done in courts of criminal jurisdiction; but note 88 points
out the course.

946. 15, insert-Evidence should still be taken. See note 88, p. 945.

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ADDRESS.

TO WILLIAM ASTELL, Esq., M. P., Chairman. CAMPBELL MAJORIBANKS, Esq., Deputy Chairman; and the Directors for the Management of the Affairs of the Honourable the East-India Com

pany.

HONOURABLE SIR AND SIRS:

By your kind permission I have the honour to present the following Work, in the anxious hope that it may meet with your approbation.

The patronage and facilities which I have received, from your Honourable Court, will ever be held in my grateful recollection, and I beg to return my sincere acknowledgments, for the very liberal support which has been afforded me.

When I represented the necessity of the revision and correction of the legal portion of this Work by a Barrister of high legal attainments, I did it from a conviction that it would insure such a correctness, in explaining the intent, meaning, and application of the Mutiny Act, and of the Articles of War, as should give assurance and confidence to those, who might consult its pages; and my gratitude will, on all occasions, be as much evinced as it is felt, for the liberality with which the expense of that assistance has been defrayed; as well as, for the handsome subscription by which the work has been supported; and by which, I have been enabled to ensure its publication.

My object has been, to render the Book of practical utility, applying to the subject all the information which I have been enabled to obtain; to endeavour to meet contingent and difficult cases which may arise in practice, and for which there appeared to be no mode of proceeding laid down elsewhere; and to apply my consideration to

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