Military Law: Its Procedure and Practice

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K. Paul, Trench, & Company, 1887 - Military law - 225 pages
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Page 216 - And whereas no man can be forejudged of life or limb, or subjected in time of peace to any kind of punishment within this realm, by martial law, or in any other manner than by the judgment of his peers and according to the known and established laws of this realm...
Page 6 - To the constable it pertaineth to have cognizance of contracts touching deeds of arms and of war out of the realm, and also of things that touch war within the realm, which cannot be determined nor discussed by the common law, with other usages and customs to the same matters pertaining, which other constables heretofore have duly and reasonably used in their time.
Page 183 - Every witness under cross-examination in any proceeding, civil or criminal, may be asked whether he has made any former statement relative to the subject-matter of the action and inconsistent /with his present testimony, the circumstances of the supposed •statement being referred to sufficiently to designate the particular occasion, and, if he does not distinctly admit that he has made such a statement, proof may be given that he did in fact make it...
Page 212 - If any such person appointed by the Secretary of State in Council thinks himself wronged by an order of an official superior in a Governor's Province, and on due application made to that superior does not receive the redress to which he may consider himself entitled, he may, without prejudice to...
Page 6 - Appeals to be made of Things done within the Realm, shall be tried and determined by the good Laws of the Realm, made and used in the Time of the King's noble Progenitors; and that all Appeals to be made of Things done out of the Realm, shall be tried and determined before the Constable and Marshal of England for the Time being.
Page 181 - Questions suggesting the answer which the person putting the question wishes or expects to receive, or suggesting disputed facts as to which the witness is to testify, must not, if objected to by the adverse party, be asked in an examination in chief, or a re-examination, except with the permission of the court, but such questions may be asked in crossexamination.
Page 194 - J. after stating the case as it appeared in the bill of exceptions, observed, That the court had some difficulty upon the point. The general rule of evidence is, that the best evidence must be produced which the nature of the case admits, and which is in the power of the party. In consequence of that rule, the testimony of the subscribing witness must be had if possible. But if it appear that the testimony of the subscribing witness cannot be had, the next best evidence is proof of his hand-writing.
Page 191 - Legislature by this proviso, sanctions a presumption that a person who has not been heard of for seven years is dead...
Page ii - Small crown 8vo. 6s. IV. THE ELEMENTS OF MILITARY ADMINISTRATION. First Part : Permanent System of Administration. By Major JW Buxton. Small crown 8vo.
Page 216 - For," as observed by an English writer,' " no judicial decisions can alter the fact that the application of military government, under the law of necessity, commonly called martial law, must always exist, although it is difficult to exactly define it...

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