COURT-MARTIAL

A court for trying and punishing the military offences of officers and soldiers. Courts-martial, in our law, are bound by the same rules and principles of evidence as courts of law. Their jurisdiction is conferred by the Mutiny Act (1 W. & M.), which is annually renewed. The crimes cognizable by them are designated by the Mutiny Act and Articles of War. The persons liable to martial law are officers, soldiers, and persons serving with the army in the field; and receiving pay as a soldier subjects the receiver to it; but officers on half-pay are not liable. The judgments of courts-martial are open to the disapprobation of the king or his commanders-in chief; and are likewise liable to reversal by the Court of King's Bench. The acts of a court-martial, like those of other courts instituted by statute with particular powers, may become the subject of application to the courts at Westminster for a prohibition. Naval courts martial have their jurisdiction defined by the thirty-six articles of war, embodied in 22 G. 2. c. 23. and 19 G. 3. c. 17., and are composed of admirals, captains, and commanders. (See M' Arthur on Courts Martial; Kennedy on C. M.; James, Collection of Proceedings of C. M. 1820; Tytler on Military Law.) [s. 308]