CRIMINAL LAW OF THE NAVY

WITH AN

INTRODUCTORY CHAPTER

ON THE

EARLY STATE AND DISCIPLINE OF THE NAVY,
THE RULES OF EVIDENCE,

AND

AN APPENDIX

COMPRISING

The Naval Discipline Act

AND

PRACTICAL FORMS

BY

THEODORE THRING,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW, LATE COMMISSIONER OF
BANKRUPTCY AT LIVERPOOL, AND

C. E. GIFFORD,

ASSISTANT-PAYMASTER, ROYAL NAVY.

SECOND EDITION.

LONDON:

BIBLIOTHER

APR 1878

BODLEIANA

STEVENS AND SONS, 119, CHANCERY LANE,
Law Publishers and Booksellers.

1877.

LONDON:

STEVENS AND RICHARDSON, PRINTERS, 5, GREAT QUEEN STREET,

LINCOLN'S INN FIELDS, W.c.

ADVERTISEMENT

TO THE SECOND EDITION.

THE edition which is now submitted to the Naval profession, has been carefully revised, and in many chapters remodelled and enlarged. The Naval Discipline Act of 1866, the foundation of the Criminal Law of the Navy (in itself to a great extent a reprint of the Acts of 1861 and 1864), is set out in the Appendix. All other statutes, cases, and instructions of the Admiralty, bearing on the subject, which have been passed, decided, or promulgated since the preceding edition, are referred to and introduced, when necessary, with as much brevity as is consistent with a clear demonstration of their effect.

Some points on which the Naval Regulations are silent, have been illustrated by reference to Military practice in Simmons' useful work on Courts-martial.

The Procedure, Naval Regulations, Forms and all matters connected with the practical administration of the law, have been classified and re-arranged by my friend Mr. C. E. Gifford, of the Royal Navy, whose industry, power of accurate analysis, and experience derived from the frequent performance of the duties of Deputy Judge-Advocate have been devoted to the revision of the work.

T. T.

Nov., 1877.

PREFACE

TO THE FIRST EDITION.

THE object of the present work is to explain the Naval Discipline Act, 1861, and to afford a practical guide for commanding officers and Courtsmartial in the trial and punishment of criminal offences in the Navy.

The Articles of War, and general laws for the government of the Navy, were reconstructed and placed on a new footing by the Legislature in the Naval Discipline Act of 1860. The occasion naturally suggested a Treatise for the use and assistance of the Naval profession in the administration of the new law. The time for the commencement of that Act was fixed for the 1st of April, 1861; and the greater part of the following pages was written, and the work announced for publication, at the same period; but its progress