Legal Term Dictionary

A system of law, obtaining only in time of actual war and grow- ing out of the exigencies thereof, arbitrary in its character, and depending only on the will of the commander of an army, which is established and administered in a place or district of hostile territory held in More...

A system of law, obtaining only in time of actual war and grow- ing out of the exigencies thereof, arbitrary in its character, and depending only on the will of the commander of an army, which is established and administered in a place or district of hostile territory held in belligerent possession, or, sometimes, in places occupied or pervaded by insurgents or mobs, and which suspends all existing civil laws, as well as the civil authority and the ordinary administration of justice. See In re Ezeta (D. C.) 62 Fed. 972; Diekelman v. U. S., 11 Ct. CI. 439; Com. v. Shortall, 206 Pa. 165, 55 Atl. 952, 65 L. R. A. 193, 98 Am. St. Rep. 759; Griffin v. Wilcox, 21 Ind. 377. See, also, MILITARY LAW. "Martial law, which is built upon no settled principles, but is entirely arbitrary in its decisions, is in truth and reality no law, but something indulged rather than allowed as a law. 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." 1 Bl. Comm. 413. Martial law is neither more nor less than the will of the general who commands the army. It overrides and suppresses all existing civil laws, civil officers, and civil authorities, by the arbitrary exercise of military power; and every citizen or subject-in other words, the entire population of the country, within the confines of its power-is subjected to the mere will or caprice of the commander. He holds the lives, liberty, and property of all in the palm of his hand. Martial law is regulated by no known or established system or code of laws, as it is over and above all of them. The commander is the legislator, judge, and executioner. In re Egan, 5 Blatchf. 321, Fed. Cas. No. 4,303. Martial law is not the same thing as military law. The latter applies only to persons connected with the military forces of the country or to affairs connected with the army or with war, but is permanent in its nature, specific in its rules, and a recognized part of the law of the land. The former applies, when In existence, to all persons alike who are within the territory covered, but is transient in its nature, existing only in time of war or insurrection, Is not specific or always the same, as it depends on the will and discretion of the military commander, and is no part of the law of the land. Less...

The feast of St. Martin of Tours, on the 11th of November; sometimes corrupted Into "Martilmas" or "Mar-tlemas." It is the third of the four cross quarter-days of the year. Wharton.

The feast of St. Martin of Tours, on the 11th of November; sometimes corrupted Into "Martilmas" or "Mar-tlemas." It is the third of the four cross quarter-days of the year. Wharton. Less...

In old Scotch law. A maire; an officer or executor of summons. Otherwise called "prceco regis" Skene.

In old Scotch law. A maire; an officer or executor of summons. Otherwise called "prceco regis" Skene. Less...

L. Lat. A messuage.

L. Lat. A messuage. Less...

In the civil law. A mass; an unwrought substance, such as gold or silver, before it is wrought into cups or other articles. Dig. 47, 2, 52, 14; Fleta, lib. 2, c 60, IS 17. 22.

In the civil law. A mass; an unwrought substance, such as gold or silver, before it is wrought into cups or other articles. Dig. 47, 2, 52, 14; Fleta, lib. 2, c 60, IS 17. 22. Less...

To fatten with mast, (acorns, etc.) 1 Leon. 186.

To fatten with mast, (acorns, etc.) 1 Leon. 186. Less...

In old English law. The practice of selling the goods of dead seamen at the mast Held void. 7 Mod. 14L

In old English law. The practice of selling the goods of dead seamen at the mast Held void. 7 Mod. 14L Less...

One having authority; one who rules, directs, instructs, or superintends; a head or chief; an instructor; an employer. Applied to several judicial officers. See .infra. -Master and servant. The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another More...

One having authority; one who rules, directs, instructs, or superintends; a head or chief; an instructor; an employer. Applied to several judicial officers. See .infra. -Master and servant. The relation of master and servant exists where one person, for pay or other valuable consideration, enters into the service of another and devotes to him his personal labor for an agreed period. Sweet. -Master at common law. The title of officers of the English superior courts of common law appointed to record the proceedings of the court to which they belong; to superintend the issue of writs and the formal proceedings in an action; to receive and account for the fees charged on legal proceedings, and moneys paid into court. There are five to each court. They are appointed under St. 7 Wm. IV, and 1 Vict, c. 30, passed in 1837. Mozley & Whitley,- Master in chancery. An officer of a court of chancery who acts as an assistant to the udge or chancellor. His office is to inquire nto such matters as may be referred to him by the court, examine causes, take testimony, take accounts, compute damages, etc., reporting his findings to the court in such shape that a decree may be made; also to take oaths and affidavits and acknowledgments of deeds. In modern practice, many of the functions of a master are performed by clerks, commissioners, auditors, and referees, and in some jurisdictions the office has been superseded. See Kimberly v. Arms, 129 U. S. 512, 9 Sup. Ct 355, 32 L. Ed. 764; Schuchardt v. People, 99 111. 501, 39 Am. Rep. 34.-Master in lunacy. In English, law. The masters in -lunacy are judicial officers appointed by the lord chancellor for the purpose of conducting inquiries into the state of mind of persons alleged to be lunatics. Such inquiries usually take place before a jury. 2 Steph. Comm. 511-513.-Master of a ship. In maritime law. The commander of a merchant vessel, who has the chief charge of her government and navigation and the command of the crew, as well as the general care and control of the vessel and cargo, as the representative and confidential agent of the owner. He is commonly called the "captain." See Martin v. Farns-worth,33 N. Y. Super. Ct 260; Hubbell v. Denison, 20 Wend. Less...

In old records. A decayed house; a wall; the ruins of a building; a certain quantity of land, about four oxgangs.

In old records. A decayed house; a wall; the ruins of a building; a certain quantity of land, about four oxgangs. Less...

The officer second in command on a merchant vessel. Ely v. Peck, 7 Conn. 242; Mlllaudon v. Martin, 6 Rob. (La.) 539.

The officer second in command on a merchant vessel. Ely v. Peck, 7 Conn. 242; Mlllaudon v. Martin, 6 Rob. (La.) 539. Less...