MILITARY LAW. A system of regu lations for the government of an army. 1 Kent, Comm. 377, n.
That branch of the laws which respec4s military discipline .and the government of persons employed in the military service. De Hart, Courts-Mart. 16.
Military law is to be distinguished from martial law. Martial law extends to all persons ; military law to all military persons only, and nut to those in a civil capacity. Martial law supersedes and Suspends the civil law, but military law is super added and subordinate to the civil law. See 2 KeTII, COMM. 10 j 34 MB. 126; MARTIAL LAW.
2. The body of the military law of the United States is contained in the "act esta blishing rules and articles for the government of the armies of the United States," approved April 30, 1806, and various subsequent acts, some of the more important of which are those of May 29, 1830 ; August 6, 1846; July 29, 1861 ; August 3, 1861 ; August 5, 1861 ; December24, 1861 ; February 13, 1862; March 13, 1862. See, also, Act of February 28,1795. 5 Wheat. 1 ; 3 Serg. & R. Penn. 156, 790, the general regulations, and the orders of the president.
The act of 1806 consists of three sections, the first section containing one hundred and one articles, which describe very minutely the various military. offences, the punish ments which may be inflicted, the manner of summoning and the organization of courts martial. These articles are called the arti cles of war. Their provisione extend to the militia mustered into the United States ser vice, and to marines when serving with the army.
The military law of England is contained in the Mutiny Act, which has been passed an nually since April 12, 1689, and the additional ' • articles of war made and established by the sovereign.
3. In addition, there are in both countries various usages which constitute an unwritten military law, which applies to those cases where there are no express Provisions. 12 Wheat. 19 ; Benet, Mil. Law, 3.
wither fixed to the freehold or not. Those which
ere a part of the freehold are either water-mills, wind-mills, steam-mills, etc.; those which are not so fixed are hand-milis, and are merely personal property. Those which are fixed, and make a part of the freehold, are buildings with machinery eal culated to attain the object proposed in their erec tion.
2. It has been held that the grant of a mill and its appurtenances, even without the land, carries the whole right of water enjoyed by the grantor, as necessary to its use, and as a necessary incident. Croke Jac. 121. And a devise of a mill carries the land used with it, and the right to use the water. 1 Serg. & R. Penn. 169. And see 5 Serg. & R. Penn, 107; 10 id. 63 ; 2 Caines, Cas. N. Y. 87 ; 3 N. II. 190 ; 7 Mass. 6 ; 6 Me. 154, 436 ; 16 id. 281.
3. A mill means not merely tbe building in which the business is carried on, but in cludes the site, the dam, and other things annexed to the freehold, necessary for its beneficial enjoyment. 3 Mass. 280. See 6 Me. 436.
4. Whether manufacturing machinery will pass under the grant of a mill must depend mainly on the circumstances of each case. 1 Brod. & B. 506. In England, the law appears not to be settled. 1 Bell, Comm. 754, n. 4, 5th ed. In this note are given the opinions of Sir Samuel Romilly and Mr. Leech on a question whether a mortgage of a piece of land on which a mill was erected would ope rate as a mortgage of the machinery. Sir Samuel was clearly of opinion that such a mortgage would bind the machinery; and Mr. Leech was of a directly opposite opinion.
5. The American law on this subject ap pears not to be entirely fixed. 1 Hill, Abr. 16 ; 1 Bail. So. C. 540; 3 Kent, Comm. 440. See Amos & F. Fixt. 188 et seq.; 1 Atk. Ch. 165 ; 1 Ves. Ch. 348; Sugden, Vend. 30; 10 Serg. & R. Penn. 63; 17 id. 415; 2 Watts & S. Penn. 116, 390; 6 Me. 157; 6 Johns. N. Y.5; 20 Wend. N. Y. 636; 1 H. Blackst. 259, note; 10 Am. Jur. 58; 1 Mo. 620; 3 Mas. C.
C. 464.