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THE

PRACTICE

OF

Courts-Martial, and other Military Courts,

WITH

CHAPTERS ON INQUEST-COURTS OF REQUESTS-THREE TRIALS,
(ARSON, LARCENY, AND MURDER, WITH FULL EVIDENCE,)
-RULES OF EVIDENCE, AND OTHER USEFUL MATTER
AND TABLES.

DEDICATED, BY PERMISSION, TO HIS EXCELLENCY
LIEUT.-GEN. SIR EDWARD BARNES, G.C.B.
Late Commander-in-Chief in India.

"That man that doth not know those things which are of use and necessity for
him to know, is but an ignorant man; whatever he may know beside."-Tillotson,
vol. i.

p.

10.

BY

CAPTAIN WILLIAM HOUGH,

48th Bengal Native Infantry, and Deputy Judge Advocate General,
Sirhind Division of the Army.

AUTHOR OF THE CASE BOOK, (1821,)

AND OF THE PRACTICE OF COURTS-MARTIAL, (1825.)

LONDON:

PUBLISHED BY MESSRS. PARBURY, ALLEN, & CO. LEADENHALL STREET.

CALCUTTA:

PUBLISHED BY MESSRS. THACKER & CO. ST. ANDREW'S LIBRARY.

1834.

508.

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To the Officers of the Army of India.

GENTLEMEN,

I have to apologise for the delay in the appearance of this work, owing to the sickness of the printers, and other causes; and trust the excuse will be favourably received.

2. I have to offer my gratitude for the liberal support of my brother officers, 500 of whom have subscribed for copies; and though I derive no pecuniary advantage, I feel flattered by the

kindness which has prompted them to support an humble dual in the publication of a work intended to be of public utility.

3. I have to return my best thanks to Lieut.-Colonel Sir J. BRYANT, Knt. J. A. G.. Bengal Army, for the use of a valuable manuscript volume belonging to his office; to the Hono rable W. H. L. MELVILLE, for the article on Rebellion; to J. W. MCLEOD, Esq. Commissioner, Court of Requests, Calcutta, for his kindness in giving me information, on several occasions, regarding the practice of that Court; and to the Deputy Judge Advocates General of the Department, and to many other friends, for their kind aid in obtaining subscribers. My especial thanks are due to Captain PENNY, A. A. G., Presidency Division, for his kindness in correcting the Press for me.

4. The work is new of its kind. The Chapters on Inquests and Courts of Requests have never appeared in any similar work. There are no works extant, I believe, on these subjects; except "Hutton" on Courts of Requests; a work almost out of print. Cases decided both in England and India may be esteemed by the Army as Precedents :-the cases of Arson, Larceny, and Murder, with the full evidence, may also be useful.

5. I have spared no pains to render the work useful, and during nearly 28 years' service, and more than eight in the department, I have omitted no opportunity of collecting information on all the points comprised in this little work. I have quoted from seventy authorities, besides giving the result of my own experience.

6. The work is dedicated to the late Commander-in-Chief, as he kindly gave me his sanction at the end of the year 1832; and but for the cause above noticed, it would have been published during his period of command: I could not therefore have afterwards solicited the present Commander-in-Chief (the Right Honorable Lord W. C. BENTINCK) to allow me to dedicate it to him, without disrespect to both His Excellency and to His Lordship, and without forfeiting the character, which I shall always hope to hold among my brother officers, and the world at large.

WILLIAM HOUGH.

Kurnal, 29th March, 1834.

NOTE.-Late Adjutant General in this work, means Colonel CHRISTOPHER

FAGAN.

Attention is solicited to the recommendations in the work-suggesting improvements.

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LIST OF SUBSCRIBERS.

Anquetil, Major T. J.

Auberjonois, Captain F.
Arding, Lieut. Ċ.
Anderson, Col. J.
Abbott, Lieut. A.

Adams, Major-Genl. J. W.
Anderson, Captain D. D.
Abbott, Lieut. G.
Abbott, Lieut. F.

Andree, Col. R. C.

Angelo, Captain F.

Abercrombie, Lieut. W.
Angelo, Captain John.
Alpe, Lieut. H.

Anderson, Captain W. W.
Aubert, Col. J.

Buist, Cornet G.
Bruere, Captain J. E.

Birch, Lieut. R. J. H.

Bolton, Captain T.
Brewer, Major P.
Beatson, Col. W. S.
Burnett, Lieut. C. J. F.
Baker, Dr. T. E.
Blair, Captain C. D.
Bishop, Lieut.-Col. S. P.
Boileau, Lieut. F. B.
Boileau, Lieut. H.

Brooke, Captain G.

Banks, Lieut. J. S.
Becher, Captain R.
Brandon, Captain John.
Burt, Lient. H. W.
Baseley, Lieut. C.
Butler, Lieut. J.
Burt, Lieut. J. R.
Blackwood, Lieut. W.
Bolton, Lieut. T. W.
Budd, Ensign H. P.
Boswell, Captain B.
Bremner, Ensign C. S.
Brittridge, Captain R. B.
Brockman, Lieut. G.
Brooke, Col. C. W.
Blanshard, Lieut. J. H.
Blake, Ensign M. T.
Birch, Lieut. F. W.
Browne, Lieut. J. S.

Bayldon, Captain Richard.
Boland, Lieut. W. H.
Brooke, Lieut. F.
Biddulph, Lieut. W.
Bush, Lieut. J. T.
Biggs, Lieut.-Col. J. A.
Burlton, Captain W.
Bell, Major G. M.
Becher, Lieut. G. R, P.

Bird, Captain L.
Blair, Lieut. E. M.
Buckle, Lieut. E.
Brutton, Col. N.
Biddulph, Captain E.
Brown, Captain B. P.
Bambrick, Lieut. R
Bond, Captain H.
Bignell, Lieut. W. P.
Bristow, Lieut. G. W. G.
Boileau, Col. J. P.
Brodie, Lieut. J.
Bristow, Lieut. C. M.

Barr, Lieut. W.
Bryant, Col. Sir J.

Caine, Captain W.

Cooke, Lieut.-Col.

Chester, Lieut. C.

Chamber, Major R. E.
Croudace, Captain J.
Coulter, Dr. John.
Codrington, Lieut. C.
Cooper, Lieut. John.
Cookson, Lieut. G.
Cumine, Lieut. George.
Cowley, Captain C. W.
Christie, Captain G.
Costley, Col. W. R. C.
Clarke, Lieut. C.
Cardew, Lieut. A.
Charter, Major Jas.

Cumberlege, Lieut. Edward.
Cumberlege, Lieut. N.
Chapman, Captain George.
Caddell, Ensign W.
Christie, Lieut. Edward.
Charteris, Lieut. R. L. R.
Crommelin, Captain G. R.
Campbell, Captain K.
Corfield, Lieut. C.
Campbell, Captain N.
Conran, Lieut. H. M.
Coxe, Captain H. D.
Craigie, Lieut. J. H.
Campbell, Lieut. G.
Cooper, Lieut. G. L.
Charles, Lieut. A.
Cookson, Lieut. W.
Champneys, Capt. E. G. J.
Chalmers, Lieut. J. W. C.

Dalby, Capt. G. H. M. Davies, Lieut. J. S. Day, Lieut. E. F. Davies, Captain A. L. Day, Major J. L. Duncan, Dr. A. C,

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