KFLCC Kingdom Law 2nd Ed.

778

MILL

MIDWIFE

Rep. 759.— Military jurisdiction. "There are, under the constitution, three kinds of mili tary jurisdiction,—one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be ex ercised in time of invasion or insurrection with in the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be called 'jurisdiction under mili tary law,' and is found in acts of congress pre scribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as 'military government,' superseding, as far as may be deemed expedient, the local law, and ex ercised by the military commander under the direction of the president, with the express or implied sanction of congress; • while the third may be denominated 'martial law proper,' and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection or in vasion, or of civil or foreign war, within dis tricts or localities where ordinary law no longer adequately secures public safety and private rights." Per Chase, C. J., in Ex parte Milligan, 4 Wall. 141, 18 L. Ed. 281.— Military law. A system of regulations for the government of an army. 1 Kent, Comm. 341, note. That branch of the laws which respects military dis cipline and the government of persons employ ed in the military service. De Hart. Mil. Law, 16. State v. Rankin, 4 Cold. (Tenn.) 156; Johnson v. Jones, 44 111. 153, 92 Am. Dec. 159; In re Bogart, 3 Fed. Cas. 801; Neall v. U. S., 118 Fed. 704, 56 C. C. A. 31.— Military - of fenses. Those offenses which are cognizable by the courts military, as insubordination, sleep ing on guard, desertion, etc.— Military state. The soldiery of the kingdom of Great Britain. — Military tenures. The various tenures by knight-service, grand-serjeanty, cornage, etc., are frequently called "military tenures, from the nature of the services which they involved. 1 Steph. Comm. 204.— Military testament. See TESTAMENT. MILITES. Lat. Knights; and, in Scotch law, freeholders. MILITIA. The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies, as dis tinguished from regular troops or a standing army. See Ex parte McCants, 39 Ala. llz; Worth v. Craven County, 118 N. a 112, 24 S. E. 778; Brown v. Newark, 29 N. J. Law, 238. MILL. 1. A machine or engine for grind ing, sawing, manufacturing, etc.; also the building containing such machinery. State v. Livermore, 44 N. H. 387; Lamborn v. Bell, 18 Colo. 346, 32 Pac. 989, 20 L. R. A. 241; Home Mut. Ins. Co. v. Roe, 71 Wis. 33, 36 N. W. 594; Halpin v. Insurance Co., 120 N. Y. 73, 23 N. E. 989; Southwest Missouri Light Co. v. Scheurich, 174 Mo. 235, 73 S. W. 496. —Mill-holms. Low meadows and other fields in the vicinity of mills, or watery places about mill-dams. Enc. Lond.— Mill privilege. The right of a riparian proprietor to erect a mill on his land and to use the power furnished by tJ»e

the feast of St. John the Baptist, a festival first mentioned by Maximus Tauricensis, A. D. 400. It is generally a quarter-day for the payment of rents, etc. Wharton. In medical jurisprudence. A woman who practices midwifery; an ac coucheuse. Crops of grain. White, New Recop. b. 1, tit. 7, c. 5, §2. Migrans jura amittat ao privilegia et immunitates domicilii prioris. One who emigrates will lose the rights, privileges, and immunities of his former domicile. Voet, Com. ad. Pand. torn. i. 347; 1 Kent, Comm. 76. A measure of length or distance, containing 8 furlongs, or 1,760 yards, or 5,280 feet This is the measure of an ordi nary or statute mile; but the nautical or geographical mile contains 6,080 feet. A payment or charge, at a fixed rate per mile, allowed as a compensa tion for traveling expenses to members of leg islative bodies, witnesses, sheriffs, and bail iffs. Richardson v. State, 66 Ohio St. 108, 63 N. E. 593; Howes v. Abbott, 78 Cal. 270, 20 Pac. 572. MIDWIFE. MIESES. In Spanish law. MILE. MILEAGE. dier. In old English law. A knight, because military service was part of the feudal ten ure. Also a tenant by military service, not a knight 1 Bl. Comm. 404; Seld. Tit. Hon. 334. MILITARY. Pertaining to war or to the army; concerned with war. Also the whole body of soldiers; an army. —Military bounty land. See BOUNTY.— Military causes. In English law. Causes of action or injuries cognizable in the court mili tary, or court of chivalry. 3 Bl. Comm. 103. — Military commissions. Courts whose pro cedure and composition are modeled upon courts-martial, being the tribunals by which al leged violations of martial law are tried and de termined. The membership of such commissions is commonly made up of civilians and army officers. They are probably not known outside of the United States, and were first used bv General Scott during the Mexican war. 15 Amer. & Eng. Enc. Law, 473— Military eourts. In England the court of chivalry and courts-martial, in America courts-martial and courts of inquiry, are called by this general name.— Military feuds. See FEUD.— Mi l i tary government. The dominion exercised by a general over a conquered state or province. It is a mere application or extension of the force by which the conquest was effected, to the end of keeping the vanquished in subjection; and being derived from war, is incompatible with a state of peace. Com. v. Shortall, 206 Pa. 165, 55 Atl. 952, 65 L. R, A. 193, 98 Am. St MILES. Lat In the civil law. A sol MILITARE. To be knighted.