Слике страница
PDF
ePub

145

XI. COURTS MARTIAL. (a)

NAVAL.

c. 33.

22 GEO. II. c. 33.] For reducing into one act of parliament the 22 Gro. II. laws relating to the government of his majesty's ships, vessels, and forces by sea.

BRIT. [1749.]

British stat.

1749.

empowered

sions for

tial.

admiral,&c.,

22 Geo. II. c. 33, sec. 6.] The lord high admiral of Great Admiralty Britain, or the commissioners for executing the office of lord to grant high admiral of Great Britain for the time being, shall have full commis power and authority to grant commissions to any officer com- courts-marmanding in chief any fleet or squadron of ships of war, to call and assemble courts-martial, consisting of commanders and captains; and in case any officer commanding in chief any fleet or In case of squadron of ships of war (who shall be authorized by the lord death of high admiral, or the commissioners for executing the office of next in comlord high admiral for the time being, to call and assemble courts- hold courts. martial in foreign parts) shall happen to die, or be recalled, or removed from his command, then the officer upon whom the command of the said fleet or squadron shall devolve, and so, from time to time, the officer who shall have the command of the fleet or squadron, shall have the same power to call and assemble courts-martial, as the first commander-in-chief of the said fleet or squadron was invested with.

(a) Notwithstanding the formidable character of these courts, by reason of their isolated sittings and the uncer ainty as to time and judges, courts-martial are bound by the same rules of evidence as the courts of common law; and their general proceedings, where not otherwise regulated by statute, must follow the same course. Thus, their sentences are subject to prohibitions by the superior courts of law for any excess of jurisdiction; and the members of courts-martial are liable to answer in damages for the consequences of any unjust sentence. Vide case of Lieut. Frye in 1743-the

L

resolutions thereon of the members of a
Court-Martial, with reference to proceed-
ings in the Court of Common Pleas: and
the public written submission signed by
all the members of the court, transmitted
to the lord chief justice (Sir John
Willes), and inserted in the Gazette of
November 15, 1746, "a memorial (as
the chief justice observed) to the present
and future ages, that whoever set them-
selves up in opposition to the laws, or
think themselves above the law will, in
the end, find themselves mistaken."-
(C, P. Rep. 1 East, 313. 2 MacArthur
127, &c.]

mand to

« ПретходнаНастави »