KFLCC Kingdom Law 2nd Ed.

764

MASTER

MARTIAL LAW

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 E. A. 193, 98 Am. St. Rep. 759; Griffin v. Wilcox, 21 Ind. 377. See, also, MILITAJBY LAW. "Martial law, which is built upon no settled principles, but is entirely arbitrary in its deci sions, is in truth and reality no law, but some thing 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 tiifle 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 arbi trary exercise of military power; and every citi zen or subject—in other words, the entire (popu lation 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 estab lished system or code of laws, as it is over and above all of them. The commander is the legis lator, 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 recog nized part of the law of the land. The former applies, when in existence, to all per sons alike who are within the territory cov ered, 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. The feast of St. Martin of Tours, on the 11th of November; some times corrupted into "Martilmas" or "Mar tlemas." It is the third of the four cross quarter-days of the year. Wharton. In old Scotch law. A maire; an officer or executor of summons. Other wise called "prceco regis." Skene. MASAGIUM. L. Lat. A messuage. MASSA. In the civil law. A mass; an unwrought substance, such as gold or silver, before it is wrought into cups or other ar ticles. Dig. 47, 2, 52, 14; Fleta, lib. 2, c 60, §§ 17, 22. MARTINMAS. MARUS.

MAST.

To fatten with mast, (acorns,

etc.) 1 Leon. 186.

MAST-SELLING. In old English law. The practice of selling the goods of dead seamen at the mast. Held void. 7 Mod. 141. MASTER. One having authority; one who rules, directs, instructs, or superin tends ; a head or chief; an instructor; an employer. Applied to several judicial offi cers. See infra. —Master and servant. The relation of mas ter 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 of ficers 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 judge or chancellor. His office is to inquire into such matters as may be referred to him by the court, examine cause's, 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 prac tice, many of the functions of a master are per formed 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 ap pointed 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 mari time law. The commander of a merchant ves sel, 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 con fidential 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. (N. Y.) 181.— Master of the crown office. The king's coroner and at torney in the criminal department of the court of king's bench, who prosecutes at the relation of some private person or common informer, the crown being the nominal prosecutor. St. 6 & 7 Vict c. 20; Wharton.— Master of the facul ties. In English law. An officer under the archbishop, who grants licenses and dispensa tions, etc.— Master of the horse. In English law. The third great officer of the royal house hold, being next to the lord steward and lord chamberlain. He has the privilege of making use of any horses, footmen, or pages belonging to the royal stables.— Master of the mint. In English law. An officer who receives bullion for coinage, and pays for it, and superintends everything belonging to the mint. He is usual ly called the "warden of the mint." It is pro vided by St. 33 Vict, c 10, § 14, that the chan cellor of the exchequer for the time being shall be the master of the mint— Master of the ordnance. In English law. A great officer, to whose care all the royal ordnance and artil lery were committed.— Master of the rolls* In English law. An assistant judge of the