The Nautical Magazine: A Journal of Papers on Subjects Connected with Maritime Affairs, Volume 36

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Brown, Son and Ferguson, 1867
 

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Page 207 - ... is used in armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the law martial.
Page 207 - ... of justice have unjustly refused or forborne to proceed against such offenders according to the same laws and statutes, upon pretence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid ; which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm.
Page 426 - ... 2. The Owner of every ship navigating between the United Kingdom and any place out of the same shall provide and cause to be constantly kept on board such ship a supply of such medicines and medical stores in accordance with the said scale : 3.
Page 271 - I stand upon this sacred and immutable principle of the constitution — that martial law and civil law are incompatible; and that the former must cease with the existence of the latter.
Page 207 - Charter and the law of the land ; and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death but by the laws established in this your realm, either by the customs of the same realm, or by acts of parliament...
Page 207 - For 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.
Page 271 - that Mr. Tone is not guilty of the charges of which he was accused ; I presume the officers were honourable men ; but it is stated in the affidavit, as a solemn fact, that Mr. Tone had no commission under his majesty, and therefore no court-martial could have cognizance of any crime imputed to him, while the court of King's Bench sat in the capacity of the great criminal court of the land. In times when war was raging, when man was opposed to man in the field...
Page 207 - By pretext whereof some of your Majesty's subjects have been by some of the said commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they might, and by no other ought to have been judged and executed: IX.
Page 431 - ... magistrate sitting at a police court or other place appointed in that behalf ; and (4.) Elsewhere, any justice or justices of the peace...
Page 207 - And whereas also by authority of Parliament, in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and the law of the land...

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