Page:Black's Law Dictionary (Second Edition).djvu/786

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MIDWIFE

the feast of St. John the Baptist. a festival that mentioned by Mnximus Tauricensis, A. D. 400. It is generally a quarter-day for the payment of rents, etc. Wharton.

MIDWIFE. in medical jurisprudence. A woman who practices midwifery; an accoucheuse.

MIESI-IS. In Spanish law. Crops of grain. White, New Recap. b. 1, tit. 7, c. 5, § 2.

1VIig'ra.nn jurn nxnittnt no privilegia. et iuununitates dnmicilii prinris. One who emigiiitcs will lose the rmhts. privileges, and immunities of his former domiciie. Voet, Com. ad. Pand. tom. 1. 347: 1 Kent, Comm. 76.

MILE. A measure of length or distance. containing 8 turiongs, 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.

MILEAGE.}} A payment or charge, at ll fixed rate per mile, allowed as a compensation for traveling expenses to members of leg- islative bodies, witnesses, sheriffs, and hailitfs. Richardson v. State. 66 Ohio St. 108, 63 N. E. 593; [Iowes v. Aiibott, 78 Cal. 270, 20 Pac. 572.

Lot. In the civil law. A 01- dier.

In old English law. A knight, because military sari ice was part of the feudal ten- ure. Also a tenant by military service, not ll knight. 1 Bl. Comm. 404; Seid. Tit. Hon. 334.

MILITARE. To be knighted. MILITARY. Pertaining to war or to the army; concerned \m‘th war. Also the

whole body of soldiers; an aimy.

—Miiitnry bounty land. See BOUNTY.— Military causes. in Eiiy.l.'tsh hiw. Causes of action or injuries cognizable in the court military, or court of cbnalry. 3 Bl. Comm. 103. —Militnry commissions. Courts whose procedure and composition are modeled upon courts-martial. lining the tribunals by which alieged violations of martial law are tried and determined. The membership of such commissions is commonly made up of civilians and army olilicers. They are probably not known outside of the United States, and were fir-st use-cl luv Generei Scott during the .\1e.\'ir:an war. 15 Amer. 11:. Enc. Law. 4T.5.—Militnry courts. In England the court of chivlln and courts-martini. in Ameri courts-martini and courts of inquiry, are culed by this general namc.—Militnry feuds. See UD.—-1V.(ilitary government. The dominion exorL.:ed by a general over a conquered state or province. it is a mere application or extension of the force by which the conquest was cllfcctt-cl, to the end of keeping the vanquished in subjection; and iieing derived from war. is incompatible with a state of peace. Com. v. Short-nil, 206 Pa. 165, 55 Ati. 952, 65 L. R. A 193, 98 Am. St.

778

MILL

Rep. 759.—1ilIi1itu-y jurisdiction. ‘ e are. under the constitution, three kinds of - tary Jurisdict.ion,—one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of Line Unitcd States, or in time of rebeliion and civfi war within states or districts occupied by rebeh treated as belligerents; and a third to be ex- ercised in time of invasion or insurrection with- i_i_i the limits of the United States, or during rebcllion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise '1he first of these may he called ‘jurisdiction under infl- tary law.’ and is found in acts of congress pi-rscriiiing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as ‘military government.’ superseding. us far as may be deemed exptdinnt, the local law, and ex- ercised by the military commander under the direction of the president with the express or impiied sanction of congress; while the third may be denominated ‘martial law proper.’ and is called into action by congress, or teuiporarily. when the action of congress cannot be invited. and in the case of justifying or ext-using peril, by the presidcnt. in times of insurrection or in- vasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures ubiic safety and private rights." Per Chase, J., in Ex nartiz Miiligan. 4 “lull. 14], 18 L. Ed. 281.—-1VIi1its.ry law. A system of regulations for the government of up army. Kent, am. 1, note. Tlint branch of the laws which respects military discipline and the government of persons employ- ed in the military service. De Hart. Mil. Low. 16. State v. Rankin. 4 Cold. (Tenn.) 15 Johnson v. Jones. 44 Iii. 15-'-. 92 Am Dec. H? In re Bogart, 3 Fed. Cas. 2301; Nenll v. U. . 118 Fed. 704. 56 C. C. A. 31.—Mi1itary offenses. Those clifenses which are cognizable hy the courts military, as insuhordinnrion. sleeping on guard, desertion. etc —Miiitar7 state. The snldicry of the kingdom of Great Britain. —1Vi'.ilits.ry tenures. The various tenures by knight-service. grandserjeanty. cornage. etc.. at» frequentiv called “1:nilitnr_v tenures." from the nature of the services which they involved 1 Staph. Comm. 204.—1‘.Ii1itn1'y testament. See Tizsrurewr.


MILITES. Lat Knights; and.in Scotch law, freeholders.

MIIJTIA. The body of soldiers in E state enroiied for discipline, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army. See Ex parte McCnnts. 39 Ala. Liz, Worth v. Craven Oounty. 118 N. C. 112, 24 S. E. 778: Brown v. Newark, 29 N. J. Law, 238.

MILL. 1. A machine or engine for grinding, sawing. manufacturing, etc.: we the building containing such machinery. State v. Livermore. 44 N. H. SS7: Lnmliorn v. Bell. 18 Colo 3-16. 3'.’ Pac. DS9. 20 L. R. A. 241; Home Milt ins Ca. v. Itoe. 71 Wis. 33 36 N. W. EM Halpin v. Insurance 00., B0 N. Y. 73, 23 N. E. 989; Southwest Missouri Light Ca. v. Scheurich, 174 Mo. 2%. 73 S. W. 496.

—MiH-holms. law meadows and other fields in the vicinity of mills, or watery places about mill-dams. Enc. Lond—1W.ill privilege. The right of a riparian proprietor to erect a mill on

his land and to use the power furnished by the