The Criminal Law Journal of India Journal January 1926

The first of these may be called jurisdiction under Military Law and iS found in the Acts of Congress prescribing rules and articles of war or otherwise providing for the government of the national forces; the second nay be called Military Government superseding as far as may be deemed expedient the local law and exercised by the militarcommander under the direction of the President with t [...] By reason of the attainder of the holder of the office of costable in the reign of Henry VIII the office was forfeited to the Crown (7). [...] King Edward the Third it is declared and enacted that no man shall be forjudged of life and limb against the form of the great chirter and the law of the land; and by the said great charter and other laws and statutes of this your realm no man ought to be adjudged to death but by the laws established in this your realm either by the customs of the same realm or by acts of Parliament; and wh [...] If the officer is mistaken in the existence of martial law (54) if the executive goes beyond his athority in his order to the military (55) if the military authorities are acting under the civil in putting down disorder and the soldier is given an order beyond what the Police power would justify (56)—in all these cases the soldier is liable by the weight of (52) Ex parte. [...] The Court enunciated in holding the lower Court in error in sustaining a demurrer to a plea that the trespass alleged was committed by the defendants under orders of their supeior officer in commandeering the plaintiff's prperty for the use of the army in the field.