Notes on miitary law; proceedings of courts martial; &c., by the author of The artillerist's manual


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Side 209 - ... to disperse themselves. and peaceably to depart to their habitations, or to their lawful business...
Side 208 - riot' is described to be a tumultuous disturbance of the peace by three persons or more, assembling together of their own authority, with an intent mutually to assist one another against any who shall oppose them in the execution of some enterprise of a private nature, and afterwards actually executing the same in a violent and turbulent manner, to the terror of the people, whether the act intended were of itself lawful or unlawful.
Side 112 - Form ; and if any Person making such Affirmation or Declaration shall be convicted of having wilfully, falsely, and corruptly affirmed or declared any Matter or Thing, which if the same had been sworn in the usual Form would have amounted to wilful and corrupt Perjury...
Side 181 - ... for the term of seven years, or to be imprisoned for any term not exceeding two years ; and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment...
Side 175 - An accessory before is he, that, being absent at the time of the felony committed, doth yet procure, counsel, or command another to commit a felony.
Side 184 - A felonious taking of money or goods, to any value, from the person of another or in his presence, against his will, by violence or putting him in fear.
Side xiv - The necessity of order and discipline in an army is the only thing which can give it countenance, and therefore it ought not to be permitted in time of peace, when the King's Courts are open for all persons to receive justice according to the laws of the land.
Side 196 - Under this excuse, of self-defence, the principal civil and natural relations are comprehended : therefore master and servant, parent and child, husband and wife, killing an assailant in the necessary defence of each other respectively, are excused ; the act of the relation assisting being construed the same as the act of the party himself.
Side 179 - And for preventing abuses from dilatory pleas, be it enacted, that no indictment or information shall be abated by reason of any dilatory plea of misnomer or of want of addition, or of wrong addition of the party offering such plea, if the court shall be satisfied by affidavit or otherwise of the truth of such plea ; but in such case the court shall forthwith cause the indictment or information to be amended according to the truth, and shall call upon such party to plead thereto, and shall proceed...
Side 194 - When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.

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