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subjects and resident aliens to observe their duty of
allegiance, notwithstanding the occupation and to
punish them in respect of breaches of that duty when
the invader was expelled, any exercise of judicial
authority could only be by virtue of the military
administration of the occupying power. If the
occupying power had allowed the Chief Justice to
exercise his functions in a normal manner the position
could hardly be in doubt, but as he had clearly
indicated his intention of suspending the Chief Justice
from the normal exercise of those functions, he could
press not in my opinion exercise a jurisdiction during his
internment which would be recognised by the English
courts. It may be true that it follows from this
conclusion that the persons who were interned were in
all respects, so far as the determination of their
rights according to English law were concerned,
deprived of access to the courts, but surely this
result would follow in any case where the territory
is under military occupation by a foreign power and
the inhabitants are either interned or made prisoners
of war.
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