Military Law, Svazek 1W.H. Morrison, 1886 |
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Strana 20
... intent of a statute in which no authority for regu- lations is conveyed in terms , is that of the regulations published in G. O. 55 of 1885 , for effectuating the provisions of the Act of Feb. 14 , 1885 , entitling enlisted men to be ...
... intent of a statute in which no authority for regu- lations is conveyed in terms , is that of the regulations published in G. O. 55 of 1885 , for effectuating the provisions of the Act of Feb. 14 , 1885 , entitling enlisted men to be ...
Strana 43
... the allowance of a claim " against " the true intent and meaning " of a statute . U. S. v . Freeman , 3 Howard , 564. Usage " arises from long tom cannot set aside or modify the statute law , THE UNWRITTEN MILITARY LAW . 43.
... the allowance of a claim " against " the true intent and meaning " of a statute . U. S. v . Freeman , 3 Howard , 564. Usage " arises from long tom cannot set aside or modify the statute law , THE UNWRITTEN MILITARY LAW . 43.
Strana 44
... intent or purport of a regulation . II Id . , 560 , 705 ; VIII Id . , 5. This is especially true of the usages of ... intentions , is forbid by law . " G. O. 1 , War Dept. , 1861. " Customs of service can only be taken as precedents to ...
... intent or purport of a regulation . II Id . , 560 , 705 ; VIII Id . , 5. This is especially true of the usages of ... intentions , is forbid by law . " G. O. 1 , War Dept. , 1861. " Customs of service can only be taken as precedents to ...
Strana 160
... intent evidently was that the time for the assembling of the court , for the trial of an officer or soldier held in confinement , should no longer be a matter to be determined by the convenience of the 1. That this Article relates only ...
... intent evidently was that the time for the assembling of the court , for the trial of an officer or soldier held in confinement , should no longer be a matter to be determined by the convenience of the 1. That this Article relates only ...
Strana 164
... intent of this statute evidently is to preclude the unreasonable detention without trial of the prisoners committed daily to the guard - house at posts , & c . , and to secure them a prompt trial by bringing the cases , every twenty ...
... intent of this statute evidently is to preclude the unreasonable detention without trial of the prisoners committed daily to the guard - house at posts , & c . , and to secure them a prompt trial by bringing the cases , every twenty ...
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absence accused action adjudged application approved Army Regulations arrest Article Articles of war Benét Bishop challenge Chapter charge civil Clode commanding officer commissioned officers committed common law confinement Congress constitute convening conviction court of inquiry court-martial crime criminal defence Dept desertion DIGEST disapproved discharge dishonorable discharge dismissal duly duty effect enemy enlisted eral evidence execution fact forfeiture Greenl guilty Gustavus Adolphus Hart held Hough indicated James II judge advocate jurisdiction juror larceny matter ment military law military offence mutiny nolle prosequi non-commissioned officer O'Brien officer or soldier opinion Opins pardon party penalty person Platte plea pleading practice President prisoner proceedings proper properly prosecution provision punishment record referred regiment reviewing authority reviewing officer rule Samuel Secretary of War sentence Simmons specific statement statute superior tence term testimony tion trial Wharton witness
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Strana 41 - Martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is, as Sir Matthew Hale observes, in truth and reality no law, but something indulged rather than allowed as a law. The necessity of order and discipline in an army is the only thing which can give it countenance.
Strana 949 - was less formally contained in the preamble to an Act of May 13, 1846, in these words :—"Whereas, by the act of the Republic of Mexico, a state of war exists between that government and the United States,
Strana 873 - ART. 41. Any officer who, by any means whatsoever, occasions false alarms in camp, garrison, or quarters, shall suffer death, or such other punishment as a court-martial may direct. ''ART. 44. Any person belonging to the armies of the United States who makes known the watchword to any person not entitled to receive it, according to
Strana 813 - troop, battery, or company, and to order officers into arrest, and non-commissioned officers and soldiers into confinement, who take part in the same, until their proper superior officer is acquainted therewith. And whosoever, being so ordered, refuses to obey such officer or non-commissioned officer, or draws a weapon upon him, shall be
Strana 995 - soldier, officer, or other person not having lawful right to sell or pledge the same, Shall, on conviction thereof, be punished by fine or imprisonment, or by such other punishment as a court-martial may adjudge. And if any person, being guilty of any of the offences aforesaid, while
Strana 1045 - ART. 99. No officer shall be discharged or dismissed from the service, except by order of the President, or by sentence of a general court-martial; and in time of peace no officer shall be dismissed, except in pursuance of the sentence of a court-martial, or in mitigation thereof.
Strana 101 - if any person, being guilty of any of the offences aforesaid, while in the military service of the United States, receives his discharge, or is dismissed from the service, he shall continue to be liable to be arrested and held for trial and sentence by a courtmartial, in the same manner and to
Strana 651 - to carry into execution the sentence of death, or of dismissal of an officer, may suspend the same until the pleasure of the President shall be known; and, in such case, he shall immediately transmit to the President a copy of the order of suspension, together with a copy of the proceedings of the court.'''
Strana 774 - proof thereof by two witnesses, before a court-martial, be dismissed from the service, and shall thereby be disabled to hold any office or employment in the service of the United States.'' The natural order of these Articles, and that in which they have appeared in all previous codes, commencing with that of