Marais, D. F., Ex P., in Europe

Definition of Marais, D. F., Ex P.,

([1902] A. C. 109). In 1901, during the war between Great Britain and the South African Republic, Marais, a British subject, was arrested on a charge of having violated regulations made in pursuance of a proclamation of martial law. The district in which he was arrested was not the scene of active military operations. The Supreme Court of Cape Colony refused his petition for release on the ground that martial law had been proclaimed. Held, on appeal to the Privy Council (1) That when a state of war actually prevails the operation of the ordinary law will be deemed to be suspended by martial law in all that relates to the war ; (2) That acts done by the military authorities in the exercise of martial law will therepon cease to be justiciable by the civil Courts whilst war is actually raging;
(3) That the test of the legality of martial law is not whether the civil Courts are still sitting but whether a state of war exists or not ;
(4) That once a state of war exists, martial law may be exercised even in places outside the range of active hostilities

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Definition of Marais, D. F., Ex P., is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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