Digest of Davis Military Law of the United States And the Manual for Courts Mar

Cover Digest of Davis Military Law of the United States And the Manual for Courts Mar
Digest of Davis Military Law of the United States And the Manual for Courts Mar
Horace G Ball
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68 Digest of Davis' Military Law of the U. S.
CHAPTER XVI.
MARTIAL LAW.
300. Military Government; Military Commissions.
Martial law is a term applied to the temporary gov- ernment by military authority of a place or district in which, by reason of the existence of civil disorder or a state of war, the civil government is unable to exercise its functions.
NOTE: Not synonymous with military law, which is a department of the municipal law applicable to a small portion of the people engaged in a sp
...ecial service.
Martial law may be regarded from several points of view: (a) 300. In Its Application to the Occupied Territory of an Enemy in War it is called "the law of hostile occupation. " WHEN APPLICABLE. It applies to territory over which the Constitution and laws of the United States have no operation and in which the guarantees which are con- tained in that instrument are entirely inoperative.
The municipal laws of a conquered country continue in force during the military oc- cupation by the conqueror, except in so .


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