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The boasting by an individual that he or she has married another, from which it may happen that they will acquire the reputation of being married to each other. 2. The ecclesiastical courts may in such cases entertain a libel by the party injured; and, on proof of the facts, enjoin the wrong−doer to perpetual silence; and, as a punishment, make him pay the costs. 3 Bl. Com. 93; 2 Hagg. Cons. R. 423 Id. 285; 2 Chit. Pr. 459. JACTURA. The same as jettison. (q. v.) 1 Bell’s Com. 586, 5th ed. JAIL. A prison; a place appointed by law for the detention of prisoners. A jail is an inhabited dwelling−house within the statute of New York, which makes the malicious burning of an inhabited dwelling−house to be arson. 8 John. 115; see 4 Call, 109. Vide Gaol; Prison. JEOFAILE. This is a law French phrase, which signifies, "I am in an error; I have failed." There are certain statutes called statutes of amendment and jeofails because, where a pleader perceives any slip in the form of his proceedings, and acknowledges the error, (jeofaile,) he is at liberty by those statutes to amend it. The amendment, however, is seldom made, but the benefit is attained by the court’s overlooking the exception. 3 Bl. Com. 407; 1 Saund. 228, n. 1; Doct. Pl. 287; Dane’s Ab. h. t. JEOPARDY. Peril, danger. 2. This is the meaning attached to this word used in the act establishing and regulating the post office department. The words of the act are, "or if, in effecting such robbery of the mail the first time, the offender shall wound the person having the custody thereof, or put his life in jeopardy by the use of dangerous weapons, such offender shall suffer death." 3 Story’s L. U. S. 1992. Vide Baldw. R. 93−95. 3. The constitution declares that no person shall "for the same offence, be twice put in jeopardy of life and limb." The meaning of this is, that the party shall, not be tried a second time for the same offence after he has once been convicted or acquitted of the offence charged, by the verdict of a jury, and judgment has passed thereon for or against him; but it does not mean that he shall not be tried for the offence, if the jury have been discharged from necessity or by consent, without giving any verdict; or, if having given a verdict, judgement has been arrested upon it, or a new trial has been granted in his favor; for, in such a case, his life and limb cannot judicially be said to have been put in jeopardy. 4 Wash. C. C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3. Rawle, R. 498; 3 Story on the Const. _1781. Vide 2 Sumn. R. 19. This great privilege is secured by the common law. Hawk. P. C., B. 2, 35; 4 Bl. Com. 335. 4. This was the Roman law, from which it has been probably engrafted upon the common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine publico accusationem deductus est, says the Code, 9, 2, 9, ab alio super eodem crimine deferri non potest. Vide article Non bis in idem. JERGUER, Engl. law. An officer of the custom−house, who oversees the waiters. Techn. Dict. h. t. JETTISON, or JETSAM. The casting out of a vessel, from necessity, a part of the lading; the thing cast out also bears the same name; it differs from flotsam in this, that in the latter the goods float, while in the former they sink, and remain under water; it differ; also from ligan. (q. v.) 2. The jettson must be made for sufficient cause, and not from groundless timidity. In must be made in a case of extremity, when the ship is in danger of perishing by the fury of a storm, or is laboring upon rocks or shallows, or is closely pursued by pirates or enemies. 3. If the residue of the cargo be saved by such sacrifice, the property saved is bound to pay a: proportion of, the loss. In ascertaining such average. loss, the goods lost and saved are both to be valued at the price they would have brought at the place of delivery, on the ship’s arrival there, freight, duties and other charges being deducted. Marsh. Ins. 246; 3 Kent, Com. 185 to 187; Park. Ins., 123; Poth. Chartepartie, n. 108, et suiv; Boulay−Paty, Dr. Com. tit. 13; Pardessus, Dr. Com. n. 734; 1 Ware’s R. 9. JEUX DE BOURSE, French law. This is a kind of gambling or speculation, which consists of sales and purchase’s, which bind neither of the parties to deliver the things which are the object of the sale, and which are settled by paying the difference in the value of the things sold between the day of the sale, and that appointed for delivery of such things. 1 Pard. Dr. Com. n. 162. JEWS. See De Judaismo Statutum. JOB. By this term is understood among workmen, the whole of a thing which is to be done. In this sense it is employed in the Civil Code of Louisiana, art. 2727; "to build by plot, or to work by the job," says that article, "is to undertake a building for a certain stipulated price." See Durant. du Contr. de Louage, liv. 8, t. 8, n. 248, 263; Poth. Contr. de Louage, n. 392, 394 and Deviation.
503. JOINDER OF PARTIES TO ACTIONS. 1 John. 2 Saund. nor a count in a mixed action with a count in another. 629. pleadings. as in the case of debt upon bond and simple contract. 1 T. for example. 69. though the pleas be different. they are assets for the payment of debts. cannot be joined in the same declaration. rather than on the subject−matter of it. JOINDER OF ACTIONS. 86. must join in action founded on a breach of such contract. R. Civ. 38. and join them. nor can he sue the defendant for a debt due by himself. and another cause in his character as executor. 11. 2 Conn. Ab. when the counts are joined in such a manner as will confound the evidence. 87. The act by which the parties to a cause arrive at that stage of it in their pleadings.. and the other denies it. c. 555. 479. 5 Verm. as ejectment and trespass. Cro. Ab. 6 Pick. 308: 4 Watts. however. 8 S. "And this he prays may be inquired of by the country. 3 J. when one party denies the fact pleaded by his antagonist. & R. J. 277 but see 2 Caines’ R. A. provided he was not thereby deprived of any material right. 196 to 205. Arch. and a count in a mixed action. 2. but an indictment may be quashed. 4. h. 2 Vin. th may join as many causes of action as he may choose. Action. do not really relate to different claims. R. may be joined with it. 13 John. 911. Com. if of the same nature. 3 Binn. 213. Action. Law. b. by him as executor. 1 Breese. but the rights of the plaintiffs. Marsh. at the discretion of the court. Stock jobbers are those who buy. 117. 359. or in his representative capacity. and no others. 216. 172 to 176. But this is a mere formality. 1 . & M. and no others. t.JOBBER. In criminal case s. c. therefore. 87 b Poph. 456. 5 S. 3. it has been decided that when a defendant was indicted at one session of the court for a conspiracy to cheat a third person. the two bills might be tried by the same jury against the will of the defendant. if the plaintiff declare in assumpsit. this term was formerly more properly applied to those ornaments which women. Vide Separate Trial. Dane’s Ab. Ab. 5. Bac. G. Com. for example. 817. When these jocalia are not suitable to her degree. to 117. and a count in a personal action. and a count in trespass for an assault and battery. Pl. and the same judgment given on all the counts of the declaration. When the same form of action may be adopted. R. and the answer which he makes is called a joinder in demurrer. "And the said A B does the like. R. 8 Co. Dig. 11 John. JOCALIA. 116. Pl. 697. In personal actions. Actions in General. practice. 71 b. and another due. must be made defendants. C. the adverse party joins with him in demurrer. 16 John." when the issue is said to be joined. A count in a real. 2. "And of this he puts himself upon the country. Co. 3 East. The rule as to joinder is. is a personal action. different offences may be joined in the same indictment. R. 1 Chit Pl. this term is also applied to those who speculate in stocks on their own account. In actions ex contractu all obligors jointly and not severally liable. R. Ab. Litt. he cannot join a count in trover. Dig. One who buys end sells articles for others. commerce. in an action against a carrier. as the right to challenge. 286. and the same judgment is to be given upon them all. G. When a demurrer is offered by one party. who has tendered the issue thus. though he acquired the rights affected by different titles. 165. 2 Greenl. and ejectment upon several demises and ousters. JOINDER OF ISSUE. 253−255. 6 Mass. R. 2 N. 240. for both sound in trespass. It is a general rule. whether the parties are too many or too few. Bac. 34. 1 Bailey. C. Steph. the use of several counts in the same declaration is quite common. waste lies upon several leases. Vide Paraphernalia. action in his own right. plaintiff cannot sue. that when the same plea may be pleaded. they may be joined. For example. 460. 6 Wend. there may be two counts in the same declaration. Index. Vide. Eliz. ejectment at common law. Ow. The putting two or more causes of action in the same declaration. exclusively. generally. 19 John. 290. 2 Penn. as upon several promissory notes. 59 12 S. must be in his own character. and the same judgment is applicable to both. and the liabilities of the defendant. 2 Saund. JOINDER IN DEMURRER. 8 Co. 117. 117. h. 1 Roll. it is equally fatal. nor a count in a mixed action. that one asserts a fact to be so. whether he should be so tried or not seems to be a matter of discretion with the court. or when the counts are all of the same nature. but are adopted merely as so many different forms of propounding the same demand. and sell stocks for others. 462. and at another session of the same court he was indicted for another conspiracy to cheat another person. Sometimes they are applied to distinct causes of actions. although married. that in real actions there can never be but one count. as he may if he declare against him in case. 70. 13. In Pennsylvania. for a cause of. Jewels. 1 Chit. The joinder in action depends on the form of action. but it more frequently happens that the various counts introduced. 70. & R. In mixed actions. It is a rule in actions ex contractu that all who have a legal interest in the contract." or. call their own. Cr. Action. t. 10 John." the party denying the fact may immediately subjoin. 24. Strictly.
s. R. n. &c. 38. or manage the same for the benefit of the persons interested therein. it is provided. And when the obligation or promise is to perform something jointly by the obligor or promissors. 248. 433. Hamm. − _2. B 12. fee tail. Marsh. 213. on Parties. When a tort is of such a nature that it may be committed by several. or devastavit only. they must join in the action. c. c. or the sale by a partner of his share. and. by virtue of the act of parliament. 4. As a general rule. but agrees that the other. therefore. 2. 120. which relate either to the delivery. 291. 23.. It is a general rule that a joint contract survives. 2. gift. 1 P. 32. estates. 153. 421. the acts of any one of them. or one which is brought by several persons acting together.Saund. 71. the right of administering the estate of the testator devolves upon the survivor. as. − _3. 2. 256. 16. 46. 179. 509 Com. Com. it shall or may be lawful for the surviving executor to bring actions for the recovery of the possession thereof. in this respect. 1 Saund. the stand in the same situation as other unincorporated bodies. Abr. possession or release of the testator’s goods. But an executor cannot. Co−obligor. 1 Dane’s Abr. But when the tort cannot be committed jointly. JOINT TENANTS. as. or entitled to receive the benefit of such promise or obligation. a bond given by two or more obligors. Godolph. n. notwithstanding a change of partners. under the same name. and see 2 Bro. Abr. covenantor. 5. Dig. As. Administration. on Part. Inst. for the misplaced confidence which he may have reposed in his coexecutor. 2 Litt. Bac. by legislative enactment. 315. 11 Pick. Addis. it may be laid down that each. 3 Atk. 128. to sell and "convey such real estate. C. dies. 314. slander. See Contracts. 148. & Lef. Dig. The interest which they have in the estate of the deceased. continues the same body. 358. or declaring who shall sell the same. − _1. Com. or other person entitled. 3. 6 John. joint action. two or more persons cannot be sued jointly. if he signs a receipt for money. g. It is proposed to consider. 1. 3. delicto. IV. & Rawle. 1 Dall. or at will. 13 John. 12 Pick. and. or companies regulated by deeds of settlement. the right to sue survives in the other partner. this is his own misapplication. 11 Serg. 101. 112. for years. bankruptcy. & Lef. 1 Sch. 267. The death. 2 Black. 231. In England they are a species of quasi corporations. Parties to Actions. L. C. against the executors or administrators of the last surviving obligor. But they differ from the latter in this. 7 Mass. These enactments provide for the continuance of the partnership. executor is liable for his own wrong. without the knowledge of his co−executor. When all the parties interested in a joint contract die. payment. JOINT EXECUTORS. that they are invested by certain statutes with powers and privileges usually incident to corporations. t.. 286. 269. sale. R. (Kentucky) R. and against trespassers thereon. JOINT STOCK BANKS. 9. & Rawle. J. He may be rendered liable. if one or more of the executors die. 7 Geo. 11 John. when an injury is done to the property of two or more joint owners. B. thus hold is called an estate in . without naming. the action must be brought by the executors or administrators of the last surviving. JOINT. or they may be sued severally. 2648. Dyer. B 12. for life. notwithstanding these changes. or direct such executors to sell and convey such estates. 65. Two or more persons to whom are granted land’s or tenements to hold in fee simple. "that where testators may devise their estates to their executors to be sold. n. note 1. 16 Serg. 583. the action must be brought against the survivor. Wms. Rep. as regards the persons with whom they contract. 285. k. representing the testator. does not affect the identity of the partnership. 3 Bouv. JOINT CONTRACT. 3 Bro. whatever may be the beneficial interests of the parties under it. and apply it to his own use. 156. et seq. joint bond. so as to bind the estate of the testator. 11 John. In Pennsylvania. See. Ch. executor shall retain it." Act of March 12. in marg. C. obligee. 3. the acts of all. 6 Penn. 241. confess a judgment for a claim. 11 Vin. 2 John. In actions ex. h. United. Joint executors are considered in law as but one person. 283. although they may have uttered the same words. having a joint interest in a contract not running with the land. it. Upon the death of one of several joint executors. Fonb. generally. 337. Addis. 4. How far they are liable for each other’s acts. 341. and one dies. Ham. 7 East. 1800. or direct such real estate to be sold. 2 Penn. 2 Sch. Administration. 116. Eq. in conjunction with another executor. 3 Sm. 314. and not for that of his colleague. 135. and he receives no part of the money. C. R. for which he is responsible. for example. part of which was barred by the act of limitations. 1. s. on Contr. 2. The rights of the survivor. The estate which they. they may all be joined in an action ex delicto. where a partner. J. 1 Breese. 7. not separate. on Contr. R. 5. however. 285. St. Hardr. are deemed. 5 Johns. 3. One in which the contractors are jointly bound to perform the promise or obligation therein contained.
A book used among merchants. 7 Mann. 3. the money. But if receipts be given under circumstances purporting that. R. journal. 2 Bl. 7. JUDEX. Lord Coke says. Bac. 2 Bouv. Abatement. Inst. In its more enlarged sense. 6. This was called journeys account. Ch. 46. Randall. An account of the proceedings of a legislative body. It is used in our old law books. c. 540. estates. limited to both hushand and. for ever. one who declares the law. within as little time as he possibly could after abatement of the first writ. 7 Cowen. tout jours. but must join both in conveyances and receipts. JOUR. Abr. Dig. when lawfully submitted to him. 2 131. R. (q. & Lef. the practice now being to permit that writ to be quashed. he was permitted to sue out a new writ. 14 Vin. The constitutions of the several states contain similar provisions. 4. to take effect in profit or possession. commonly called the statute of uses. Bac. B. o. 714. Jus accrescendi. 2. h. 1.. 17. and claim her dower. or be more a trustee than his partner. Ab. a day book. and entered on the debtor and creditor side. They are not responsible for money received by their co−trustees. K. JOINTURE. 4. journeys account. Eq. the following circumstances must concur. or for some greater estate. Bac. Anciently. Vide Termes de la Ley. Ab. was under the control of both. for more convenient posting in the ledger. t. a different doctrine was held. Ab. It must be for the wife’s life. 558. t. t. modes of limiting an estate to a wife.. Dig. 9. 613 Cowp. 2. in satisfaction of her whole dower. or rather it prevents its ever arising. presently after the death of the hushand. The journal of either house is evidence of the action of that house upon all matters before it. Uses and Trusts. for the life of the wife at least. immediately from the death of the hushand. s. Com. It must be made before marriage. Perk. 10. 1761. s. et seq. When a writ abated without any fault of the plaintiff. To make a good jointure. mar. 112. 2. wife. Ch. v. 199. & Rawle. as. in possession or profit. 2. signifying day. in their judgment. legislation. quijus dicit. Fonbl. See 1 Sch. Com. by judex was also understood a juror. which. Id. 5. A French word. if the receipt be given for the mere purposes of form. 116. and torque out another. R. But there are other. Unlike joint executors. art. for one cannot sell without the others. journeyman. This mode of proceeding has fallen into disuse. Another name for logbook. It must be made in satisfaction for the wife’s whole dower. are good jointures within the statute. directs that "each house shall keep a journal of its proceedings.. 2. and not to any other person in trust for her. such a receipt shall charge. law. The trust having been given to the whole. Vide Judge. Litt. A jointure attended with all these circumstances is binding on the widow. The Constitution of the United States. 2. Eng. practice. 5 Johns. Survivor. require secrecy. excepting such parts as may. common law. The estate limited to the wife must be expressed or averred to be. with a short history of every occurrence during the voyage. h. 3. VIII. in which the contents of the waste−book are separated every month. which contains an account of the ship’s course. namely. It must be limited to the wife herself. 7.. Ab. In the case of the Attorney General v. It is also frequently employed in the composition of words. 3 Bro. R. supposing he had still. The judicial power. & Gr. 137. It must take effect.joint tenancy. Ch. joint trustees cannot act separately. which was quasi a continuance of the first writ. provided the wife accepts of them after the death of the hushand. 137. 4 Com. and is a complete bar to the claim of dower. to hold during her life. JOURNAL. She may. Vide Estate in joint tenancy. v. pl. 341. one who administers justice between the parties to a cause. however. The book kept on board of a ship or other vessel. 11 Serg." Vide 2 Story. 1. tit. and placed him in a situation in which he would have been. 5. it requires their joint act to do anything under it. Cruise. 2. renders him responsible. Two or more persons who are entrusted with property for the benefit of one or more others. JOURNAL. though not received by both. reject them. (q.) JOURNAL. if she survive him. as. a jointure signifies a joint estate. 3. or receive more of the consideration money.) Chit. 301. Co. JOINTRESS or JOINTURESS. 5. Law of Nat. h. 3. Jointures are regulated by the statute of 27 Hen. and the consent that the other shall misapply the money. The judge. Vide 14 Vin. JOURNEYS ACCOUNT. 762. Const. A competent livelihood of freehold for the wife. particularly where he has it in his power to secure it. and not of part of it only. 283. proceeded on that writ. or the court. n. Q. JOINT TRUSTEES. 71. 2 Bro. A woman who has an estate settled on her by her hushand. of lands and tenements. This word has several significations: 1. and from time to time publish the same. . a man ’who works by the day.
6. Courts. that not only power. and he is not officially bound to make them. L. 2. 2 Story. His duties are to prosecute in the name of the United States. Rules and Articles of War. and that he cannot exceed the power given him by his commission. S. 225. but he shall so far consider himself as counsel for the prisoner. he ought to be certain that he has no bias for or against either of the parties. 14 S. & R. C 2. In a more limited sense. Ayl. he is not an arbitrator. 291. Co. 4 Dall. 229. See 4 Dall. 8 Wend. and firm in his judgment. whether good or bad. in a variety of ways." Cic. Vide. 517. 14 Vin. & M’C. Ab. according to Cicero. Coxe. 3. it against that of another. R. R. as to object to leading questions to any of the witnesses. an order may be made that. which may be interesting to the reader. 76. 170. he may be impeached. Courts. Com. While acting within the bounds of his jurisdiction. Rep. I. during.. who are judges of the facts in issue. or sits in judgment in a cause. 1 Yeates. But the delicacy which characterizes the judges in this country. but an interpreter of the law. N. Story. or of weighing. 1 1. R. 9 John. This. 211. 1 N. 1. 340. but he must follow and enforce the law. He is bound to declare what the law is . 5 Mass. 21 Pick. 109. Const. He ought. 282. and the like matters. and some of the states. or by the legislature. Jud. 3 Caines. 160. H. the judge is hot responsible for any error of judgment. R. 2. 157−8. 76. An officer who. 8 Cowen. Parerg. Impartiality is the first duty of a judge. Cluentius. of what transpires in the course of such trial. JUDGE’S NOTES. In general judge’s notes are not evidence of what transpired at a former trial.. 374. 454. 312. &c. When he acts corruptly. 8 Co. 74. in the event of death or inability to attend. R. careful in considering it. and 3. before he gives an opinion. pro. Rep. 2 Dall. 2. A judge to whom an appeal may be taken: a superior judge. Ab. he ought himself to refuse to sit on the case. in the United States they are appointed by the president. or until they shall attain a certain age and in others for a limited term of years. 101. 315. A public officer. 4. a Martln’s R. R. see 2 Binn. 520. 3 Marsh. 2 Inst. Index. Rep. Adv. Com. 573. IR. the governor and senate. It seems it is discretionary with him whether he will sit in a cause in which he has been of counsel. 69. See U. JUDGE. or any question to the prisoner. 422. but also justices of the peace. 3 Marsh. by and with the consent of the senate. A curious case of judicial casuistry is stated by Aulus Gellius Att. generally. Dig. R. Judges are appointed or elected. 2 Marsh. P 16 justices. and not only judges properly so called. He must not only be impartial. art. 3 Yeates. S. when a new trial is ordered of an issue sent out of chancery to a court of law. Litt. 6 Pick. 309. 1 . and it is suggested that some of the witnesses in the former trial are of an advanced age. in others. and when he is aware of such interest. Dig. U. Lid. h. as in New York. Noct. S. Vide Eguality. B. R. 468. 6 Mart. a judge of a court below. 164. nor mistake he may commit as a judge. 395. forbids their sitting in such a cause. 1 Day. R. after the prisoner shall have made his plea. where will be found an abstract of various decisions relating to the appointment and powers of judges in different states. Incompetency. cap. aliquis non debet esse judex in propria causa.. good behaviour. 118. See A quo. R. among other reasons. 282. 1 South. in its most extensive sense. 5. JUDEX AD OUEM. 5 John. 2. nor can they be read to prove what a deceased witness swore to on such former trial. R. made by a judge on the trial of a cause. that he ought always seriously to attend not to his wishes but to the requisitions of law. 5 John. 300. Bac. includes all officers who are appointed to decide such questions. the term judge signifies an officer who is so named in his commission. R. for they are no part of the record. they hold their offices during good behaviour. He is further to swear the members of the court before they proceed upon any trial. 168. lib: 14. 2 Bay. 11 John. and not to make it. their testimony may be read from the judge’s notes. for this. In the United States. "never to lose sight that he is a man. But in chancery. R. B 4. and if he has any (the slightest) interest in the cause. of offers of evidence and whether it has been received or rejected. R. JUDGE ADVOCATE. passim. A judge from whom an appeal may be taken. is a member of a court martial. and jurors. 2. It is his duty to be patient in the investigation of the case. in some of the states they are appointed by the governor. he is disqualified from sitting as judge. They usually contain a statement of the testimony of witnesses.JUDEX A Quo. 69. and who presides in some court. 1 Kent. E 1. 1 Root. 13 Mass. that he can hardly be deemed capable of impartially deciding on the admissibility of his own testimony. t. 92. R. Lo. of documents offered or admitted in evidence. N. of justice and religion. A judge is not competent as a witness in a cause trying before him. They are short statements. the answer to which might tend to criminate himself. lawfully appointed to decide litigated questions according to law. 1001. 150. 443. Courts. 178. but public confidence has been given to him. 294.
14. on the part of the defendant. Bingh. it is the same for all. 11. which apply only to particular persons. 6. Pl. after pleading. assessed by a jury. are either interlocutory or final. and in the form it requires. is in cases of pleas in abatement where the plaintiff prays that his "writ" or " bill" "may be quashed. These four species of judgments. art. Pl. if the judge had not jurisdiction of the matter. or billa. Judgment by confession. 9." (consideratum est per curiam) that the plaintiff recover his debt. JUDGMENT. 8. Judgment in actions on the case for torts. 1 Ch. but the law is disputed. is for costs. when in favor of the plaintiff. the judgment against him. it is that he recover his costs. Civ. as. as in case of judgment upon demurrer. or. both confess the action and withdraw his plea or other allegations. having such jurisdiction. either in support of their claims. 5. Judgment in covenant. a judgment which has been given after the parties have been heard. is that he recover an ascertained sum for his damages. or that the defendant do go without day. where the plaintiff sued for an injury committed on his lands by animals owned and kept carelessly by defendant. that the plaintiff have execution for the damages sustained by the breach of a bond. 100. When for the defendant. or. 3. practice. Code of Pract. and bind no others. _166." Steph. as the sentence of the law pronounced and decreed by the court. given by a court of justice or other competent tribunal. Steph. When the law is admitted. Contradictory judgment. therefore. they vary like the circumstances on which they are founded. By this term is understood. When the judgment is for the defendant. is that he recover a sum of money ascertained by a jury for his damages occasioned by the committing of the grievances complained of. nominal damages for the detention thereof. at any time before trial. it is that he recover a specified sum. as the case may require. is called a judgment by confession or by confession relicta verificatione. 396. Judgment of cassetur breve. when for the plaintiff. 1. When instead of entering a plea. 15. A list of the various judgments is here given. or non sum informatus. or other proper officer. is that he recover his debt. or. when for the plaintiff. vide Lien. and the costs of suit. There are four kinds of judgments in civil cases. a judicial judgment must be given by a competent judge or court. in these two cases. at a time and place appointed by law. III. This implies that the judgment is not so much the decision of the court. When the facts are admitted by the parties. in the state of Louisiana. the law alone rules future actions. and for full costs of suit. 2. in the case of cognovit actionem.Greenl. namely: 1. Judgment in assumpsit is either in favor of the plaintiff or defendant. it is for costs. The decision or sentence of the law. after a proper notice or in cases of judgment by non pros. PI." by the court. For example. The judgment must confine itself to the question raised before the court. and in general. That would be to usurp the power of the legislature. or but of his district. because it is general. Com. 130. is not that "it is decreed. 366. 117. the judgment may be for damages. 11. but it cannot command the defendant for the future to keep his cattle out of the plaintiff’s land. case of judgment upon a verdict. 1 Chit. but the facts are disputed. agreements to be construed. Vide 3 Black. he does. as in. 128 Lawes. on the part of the plaintiff. R. again. 2. A judgment is called contradictory to distinguish it from one which is rendered by default. which he has sustained by reason of the breach or breaches of the defendant’s covenant. or possession. The judgment is the result of the full examination of all these. it is also awarded. 116. or if be rendered a judgment before the cause was prepared for a hearing. The law commands all men. 4. Pl. for the redress of an injury. The language of judgments. conditioned for the performance of . For the lien of judgment in the several estates. 11 L. when the defendant has omitted to plead or instruct his attorney to do so. when the plaintiff omits to follow up his proceedings. or nolle prosequi. he exercised it when there was no court held. and cannot extend beyond it. 1 Chitty’s Plead. by reason of the defendant’s non−performance of his promises and undertakings. 13. 130. 569. 12. when for the plaintiff. A judgment would be null. 4. together with costs of suit. after due deliberation and inquiry. 3. 131. 147. By default of either party in the course of legal proceedings. 10. To be valid. When both the law and the facts are admitted by confession. as the result of proceedings instituted therein. the judgment. 535. the defendant chooses to confess the action. as in the case of judgment by nihil disit. as in case of nonsuit. damages. or on reference to the prothonotary. When for the defendant. Litigious contests present to the courts facts to appreciate. that he may sue or exhibit a better one. on Judgm. Ev. Judgment in the action of debt. or in their defence. and points of law to be resolved. but " it is considered. and in cases under the 8 and 9 Wm. judgments are particular decisions. for the damages which he has sustained." or " resolved. Pl. c. A judgment declares the rights which belong to the citizen. 7.
after appearance and before judgment. namely. 154: Hull. 1 Ch. the jury at the time that they try the issue. if the defendant neglect to enter a plea within the time specified. 221. Judgment by default. When the action sounds in damages. or other writing. when for the plaintiff. 4. 9. the amount of damages is not yet ascertained. in general. the said causes and matters assigned for error notwithstanding. on the return of the inquisition the plaintiff is entitled to a final judgment. Pl. 2l. he says. 1 Chitty’s Pl. 127. "he will not further prosecute his suit. Index. 25. and is that the plaintiff do recover the damages assessed. When an interlocutory judgment has been rendered. R. vide Judgment by nil dicit. Dig. R. Act. Doct. however. 208. 20. that judgment is that he do answer over. 18. whether the errors assigned be in law or in fact. 2 Tidd." Arch. that he recover the amount of damages so assessed. 2 Arch. always recover costs. judgment of respondeat ouster." Steph. 1126. 29. 3. To ascertain such damages it is the practice to issue a writ of inquiry. 5 Johns. case. N. In some penal actions. An interlocutory judgment. Arch. This is called a judgment of nil capiat per breve. 1 Lillv’s Reg. or by non sum informatus. 16. Bull. Pr. and the issue is an issue in law. When the judgment is for the defendant. 31. Pr. 631 Dane’s Ab. Espinasse on Pen. is a judgment entered against the plaintiff. of which he serves a notice on the defendant or his attorney. for. that. to refer it to the prothonotary or clerk to assess the damages. 3 Chit. 1 Dall. however. on a record sent up. 5 Johns. or per billam. Pr. the judgment is that it be reversed or recalled. Pr. 671 to 680. N. 224.. the practice is. When the issue is one in fact. is one rendered against a defendant for want of a plea. 2 Tidd’s Pr. 19. Pl. charges and costs which he hath sustained. in technical language. 17. 333. 130 Lawes Civ. 126. neither party can recover costs. t. without regard to the . and his damage for the detention and costs. and it is decided in favor of the defendant.) and that the defendant go thereof without day. and the judgment is final in the first instance. When it is for the plaintiff in error. E 42. Grah. where. then the judgment is that the plaintiff ought to recover his damages without specifying their amount. h. is a judgment rendered in consequence of tho non−appearance of the defendant. from an inferior court.covenants. and it being but reasonable that he should offer. and is tried by a jury. The judgment is then said to be interlocutory. on Costs. judgment is recalled. is a judgment rendered by a court ot error. 251. Judgment of nil capiat per breve or per billam. vide Judgment by non sum informatus. (or bill. and is either by nil dicit. that it be reversed. Pleas. Plead. Pl. but in debt. trespass. Tidd’s Pr. a further defence. it is generally for costs. v. 429.) Steph. 585. It is to be reversed for error in law. 30. 128. Pl. and that the defendant in error recover $____ for his damages. l21. (q. annulled and altogether holden for nought. damages not being the principal object of the action. R. 26. For error in fact the. P. Steph. is in the alternative. assess the damages. Forms. Ab. 1126. or any other contract by which the amount due may be readily computed. Judgment in the action of detinue. The plaintiff obtains a rule on the defendant to plead within a time specified. &c. Judgment in error. that he recover the goods. Pl. if he can." &c. 563. 128. 458. where the sole object of the action is damages. revocatur. Vide Com. and stand in full force and effect. 27. 24. 7 Vin. is one given in the course of a cause. Judgment of non obstante veredicto. the judgment is. and that plaintiff recover full costs of suit. This judgment is interlocutory in assumpsit. Bac. 22. There is one species of interlocutory judgment which establishes nothing but the inadequacy of the defence set up this is the judgment for the plaintiff on demurrer to a plea in abatement. Judgment by nil dicit. in some courts. and replevin. 251. the plaintiff usually signs final judgment in the first instance. 166. it is "that the former judgment be affirmed. as there has been no trial by jury in the case. Judgment of nolle prosequi. A final judgment is one which puts an end to the suit. before final judgment. Pl. in this form. and article Default. 28. When the action is founded on a promissory note. 23. 108. 2. Steph. 127. These judgments are of two kinds. bond. the plaintiff take nothing by his writ. In some penal and other particular actions the plaintiff does not. Ab. Pl. 200. by which it appears that the defendant has mistaken the law on a point which does not affect the merits of his case. Forms. and a writ of inquiry has issued to ascertain the damages. Steph. if he cannot have the goods themselves. is a judgment rendered in favor of the plaintiff. of affirmance and reversal. When an issue arises upon a declaration or peremptory plea. Pleader. or when any issue in fact not tried by a jury is decided in favor of the plaintiff. B 11 and 12. covenant. the plaintiff may sign judgment against him. or the value thereof. When the judgment is for the defendant in error.
Stepb. P. or replying. Str. To prevent this abuse. 2 1 4 6 Mod. 33. 133 Ham. N. 41. where the plaintiff declares that the chattels taken are " yet detained. plaintiffs having obtained information in what manner the jury had agreed upon their verdict before it was delivered in court. the plaintiff shall not be called. Ent. 1. the value of the chattels. If the replevin is in the detinet. 34. See this Dict. without regard to the verdict. 36. which is called a judgment guod recuperet. So if.. I 14. the defendant’s attorney says he is not informed of any answer to be given to the action. Judgment of non pros. 641. have. Dig. N. Repleader. even though the verdict be in his own favor. 138." the judgment is that he recover the damages assessed by the jury for the taking and unjust detention.) not in a gross sum. R. C. the plaintiff on retrospective examination of the record. Fitz. 489. he takes judgment as upon the verdict. when the jury were ready to give in such verdict against them. N. for tho defendant. nor shall he then be permitted to suffer a nonsuit. as also his costs. 778 2 Roll. R. for the reasons above explained. for not declaring. 3. by the Act of March 28. When the declaration is in the detinuit. Judgment of nonsuit. I 15. that is. 42. 2 Wend. b. interlocutory or final. that the plaintiff do recover. (assuming that they are still detained. while on the other hand the plea being in confession and avoidance. will restore some. (from non prosequitur. in the particular case. on trial by jury.) is one given against the plaintiff.verdict obtained by the defendant. Practice. ’in addition to the above. 394. 5 Wend. After suffering a nonsuit.. the judgment is. other than one arising on a dilatory plea. Ham. that the writ or plaint abate. 5 Serg. Pl. 40. C. this court will give judgment for the plaintiff. & Rawle. See also. Judgment by non sum informatus. the plaintiff. 468. suffered a nonsuit for the purpose of commencing another action and obtaining another trial. or for not entering the issue. Raym. Eliz. 38. as. 225. where the plaintiff declares. 43. Judgment quod recuperet. that "whenever on the trial of any cause. 4 Wend. 6 Cowen. 1. 413. Vide 4 Wash. 5 Serg. is called a judgment upon confession. for. P. conceives that such plea was bad in substance. or surrejoining. Eliz. perhaps. which happens when. 126. it seems that such judgment would be erroneous. the plaintiff neglect to bring such issue on to be tried in due time. 37. 1 Wils. Judgment in replevin. 159. 63. but each separate article. The motion for such judgment is made where after a pleading by the defendant in confession and avoidance. Abatement. The name of an interlocutory judgment in an action of account render that the defendant do account. &c. for example. 84. − _2. at the instance of the defendant. Pl. Steph. Rast. involves a confession of the plaintiff’s declaration. the legislature of Pennsylvania have provided. but the judgment of nonsuit passes against the plaintiff. is either for the plaintiff or defendant. For the plaintiff. − _1. In such case. 2 Watts. 624. which merely shows it to be true in point of fact. after issue be joined. and this. as limited by the practice of the court. and it is called judgment as in case of nonsuit. 2 Arch. the defendant. Pr. in any class of actions. R. Com. &c. If the replevin be abated. is one which is rendered. and shows that he was entitled. or for the latter only. 1 Wend. 32. for the difference between a repleader and a judgment non obstante veredicto. and verdict found for. and issue joined thereon. Cro. the judgment is. 1814. 513. to be present while the jury give their verdict. where the former was justifiable. 208. Ab. 130. no verdict is given. 1 Ld. and that the defendant (having avowed) have a return of the chattels. quod computet." 39. namely. a plea in bar. This judgment is of two kinds. is decided in favor of the plaintiff. 1 0. and might have been made the subject of demurrer on that ground. . and that the only safe course is to take it as upon confession. 99. 622. 130. fails to make his appearance. 307. Steph. Judgment quod computet. 488. − 2. 131. of course the verdict. When an issue in law. 95. in which case the plaintiff is to recover the value of the remainder. B. on being called or demanded. the plaintiff may commence another action for the same cause for which the first had been instituted. 8 Taunt. to maintain his action. 6:Reed’s L. In this case. therefore. R. if in such case as above described. Pl. If the plea was itself substantially bad in law. & Rawle. cannot avail to entitle the defendant to judgment. that is. In some cases. judgment will be also given against him for this default. Cro. is one against the plaintiff. when instead of entering a plea. 1 Penn. that the chattels "were detained until replevied by the sheriff. or an issue in fact. the jury shall be ready to give in their verdict." the jury must find. 44. Sometimes it may be expedient for the plaintiff to move for judgment non obstante. 35. For the defendant.
which when fines and amercements were considerable. 407. This takes place when the court withhold judgment from the plaintiff on the ground that there is some error appearing on the face of the record. 46. It is still in the defendant’s option in these cases. 273. 116. 494−5. that he recover the damages assessed by the jury. 273. that he recover damages and costs. 3. that he recover the costs. 1 Ld. Hence. h.. For the defendant. Index. namely. 5." for it is apparent that he is by law entitled to keep possession of the goods. N. c. on whatever part of the record it may arise. 5 Serg. they award a repleader or judgment quod partes replacitent. and it is decided in favor of the plaintiff. Pl. from the commencement of the suit to the time when the motion in arrest of judgment is made. 349. under the last mentioned statutes. for the breach of the peace implied in the act. 82. 448. 2. Pl. Judgment quod partitio fiat. 5 Serg. N. when for the plaintiff. and the costs. it was entered at common law. Judgment of retraxit. __38. to take his judgment pro retorno habendo at common law. Judgment of capiatur. P. plaintiff enters upon the record that he "withdraws his suit. Fines. 286. The name of a judgment given when the court award a repleader. 19. 157. or a point on which the court cannot give a judgment determining the right. 162. the judgment of capiatur pro fine was abolished. the judgment is only that the defendant answer over. and imprisoned till the fine was paid. 56. P. 195. 2 Bl. 3 Bl. C 1. When there is an issue in law. 55. is. were real and responsible persons. 2 Reeves. after appearance and before judgment. VIII. The pleading is accordingly resumed. Pleas. in general. For the defendant. c. on conviction. − 2. Judgment of respondeat ouster. 1 Saund. 12. 346. They cannot. 3 Hayw. N. The final judgment is. but this abuse has been long remedied by certain statutes passed at different periods. and 17 Car. P. 48. 7. Ab. II. At common law. John Doe and Richard Roe. Bac. In actions where the judgment was against the defendant. 5 Serg. and judgments were constantly arrested for matters of mere form. alleged to have been committed vi et armis. N. Raym. and a judgment of capiatur pro fine was rendered against him. See Judgment of capiatur. The form of this judgment. which is called a judgment of respondeat ouster. But by the 5 W. generally. 4. 490. When the plaintiff is nonsuited) the judgment for the defendant. Bac. N 4. this is not a final judgment. Corn. Litt. and this without his first assigning the purpose for which they were taken. Gould on Pl. is simply " to have a return. Pl. and the action proceeds. by the . Judgment of misericordia.46. in a writ of partition. 52. JUDGMENT. however. &c. the judgment is. t. In consequence of such error. 4. the common law judgment is. quod partitio facta firma et stabilis in perpetuum teneatur. 325. Pleacd. See. Bouv. When issue is joined on an immaterial point. that partition be made. the plaintiff admits that he had no right to dispossess the defendant by prosecuting the replevin. n. 159. by abandoning his suit." in such case judgment is given against him. It is. Judgment in action on the case for trover. 130. which vitiates the proceedings. Abr. the sheriff was obliged to take pledges of prosecution before he returned it. R. Pr. 54. or other forcible wrong. of a forcible wrong. Peck’s R. 8 Wentw. that he recover his costs. that the chattels be restored to him. Co. 82. under which he was liable to be arrested. only with respect to objections apparent on the record. is. Ham. Stepb. _38. but now they are never levied. and answerable for those amercements. This was formerly otherwise. practice. 1159. in a civil action." Ham. under the 21 Hen. 126. the.. and the pledges are merely formal. 132. 132. As to the form of judgments in cases of nonsuit. Gould on Pl. With a misericordia in actions on contracts. when for the plaintiff. 50. c. alleged to have been committed vi et armis. 2 Ch. Fines and Amercements. that such motions can be made. 51. 3 T. 47. Inst. 135. Ab. see Ham. 4. & Rawle. is a judgment. 1 Chit. because. Pl. 1 Lev. 3. 49. 265. − 3. & M. quod sit in misericordia pro falso clamore. Judgment quod partes replacitent. 161. c. be made in respect to formal objections. 1 Ch. 493. When tho avowant succeeds upon the merits of his case. Judgment in an action on trespass. At common law. is one where. and therefore judgment was given against him. n. M. 57. at common law. " without adding the words " to hold irreplevisable. see Bac. & Rawle. P. &c. the party to. & Rawle. Steph. the court are bound to arrest the judgment. 2 Saund. ARREST OF. See Bac. Style. arising on a dilatory plea. C 1 1 Lord Ray. with a capiatur in actions of trespass. Rep. Ab. called the statutes of amendment and jeofails. 491. &c. Pleas. when the plaintiff sued out a writ. gee Ham. For the form of judgments in favor of the avowant. a suit who did not prevail was punished for his unjust vexation. 2 Arch. 490.. is. Pl. the defendant was obliged to pay a fine to the king. 53. See Judgment of misericordia. 83. that he "have return irreplevisable. with a misericordia or a capiatur. 169.
Ab. or other person against whom the process has been issued. R.. See 4 Wash. R. Under such a sale there is no warranty. 6 N. n. R. 3 Barn. art. 185. 40 7 Toull. C. 2 Chip. the several states. v. in the due course of legal proceedings. 3. 5. Among the Romans. 204. 2. 5 M. 668. 325. Those which are generally made in writing in court by the attorney of the party. R. When real estate is sold by the sheriff or marshal. 1 Supp. 322. & Adol. and see Com. This term is also used to signify a tribunal. R. 4 Pick. 5 Cranch. 10 M. by a magistrate lawfully authorized. were called judicial writs. Vide Issue Roll. the sale is subject to the confirmation of the court. 27. 248. 3 N. cannot. are such as are ordered by virtue of the process of courts. in general. are the opinions or determinations of the judges in causes before them. 519. 2 Dall. S. either express or implied. 4 Greenl. &c. R. B1. which were called original writs. 393. R. 50. and judicial acts have occasionally been performed by the legislatures. 457. the authority vested in the judges. The officer who makes the sale. 21 Vin. Eng. JUDICIAL CONVENTIONS. R. 282. Com. 207 1 H. now be arrested for any objection of form. 1 New H. jr. The capias and all other writs subsequent to the original writ not issuing out of chancery. the plaintiff had the right to nominate. n. Courts. It. See the names Of. S. JUDICIAL WRITS. but what it shall be. as in the pleadings and the like. 2 Pet. 4 Wash. for example. 413. 23. R. Pl. 133. R. 117. 282. in favor of the person obtaining them. practice. R. the praetors. 258. A sale by authority of some competent tribunal. 160. 199. JUDICIAL SALE. see 3 Bl. C. are sufficient to found a conviction upon them. 325. Com. ordain and establish. 45 Wallace. (q. C. nor determine the jurisdiction of the courts of the United States. Parerg. of the thing sold. in contradistinction to the writs issued out of chancery. by an officer authorized by law for the purpose. entering into a bond on taking out a writ of sequestration. jr. C. 59. and the defendant to accept or reject those nominated. 616. Judicial decisions. 1 Sell. 16 Mass. and other great magistrates. 3.effect of which. tit. In Louisiana. or by default. R. 10 Yerg. 122 4 Barn. 2 Pet. 438 7 M. R. Com. 6. The constitution of the United States declares. R. 334. taken in writing. 9 M. 2 Cranch. Those voluntarily made before a magistrate. R. 353.) which. 3 M. 3 Dall. Parliament. 314. 9 Wheat. There is nothing in the constitution of the United States to forbid or prevent the legislature of a state from exercising judicial functions. Agreements entered into in consequence of an order of court. or in a court. R.. or it may be set aside. or emanating from a judge. 350. L 1. 3289. 551. 3 Greenl. JUDGMENT POLL. 4 M. pursuant to a statute. and sometimes it is employed to show the extent of jurisdiction. 2 Root. 386. 3 Bl. 328. Antiq. assumes this name. But a state legislature cannot annul the judgments. . as such. lib. JUDICES PEDANEOS. 2. 349. A. Dig. but from the court into which the original was returnable. the judicial power is vested in such courts as are enumerated in each respectively. whether they be final or provisional. law.. R. 129. Steph. 6 M. JUDICIAL MORTGAGE. that "the judicial power of the United States shall be vested in one supreme court. R. Judicial power." Art. b. they appear upon the record. A record made of the issue roll. Vide Ayl. did not themselves decide the actions which arose between private individuals these were submitted to judges chosen by the parties. in the property sold. 666. 272. Com. nor authoritatively declare what the law is. 494. Belonging. 9 M. 116. Civ. 63. Pl. 3 Bl. and these judges were called judices pedaneos. S. 5 N. Dig. Judicial sales. 68. 4. or the plea of guilty. 410. By the constitutions of the several states. JUDICIAL ADMISSIONS. R. Heinnee. R. and in such inferior courts as the congress may. Pr. Eng. s. A preliminary examination. In choosing them. R. 128. The state of those employed in the administration of justice. or has been. & S. 2 Ves. criminal law. A judicial writ is one issued in the progress of the cause. Willes’ R. 451. and in this sense it is nearly synonymous with judiciary. 4. in contradistinction to an original writ. judgments. to Ves. 496. L. as. it is the lien resulting from judgments. 1. JUDICATURE. conveys all the rights of the defendant. and being grounded on what had passed in that court in consequence of the sheriff’s return. R. Hale. R. JUDICIAL. as. from time to time. Walk. after final judgment has been given in the cause. Code of Lo. 1. 140. H. made in open court to an indictment. 12 M. JUDICIAL CONFESSIONS. 77. R. Steph. 660. Rep. the judicature is upon writs of error. 1 Aik. C. & Ald. 1 L. whether these be rendered on contested cases. R.
JURA PERSONARUM. 7 John . by the insolvent in which they originate. declaring that the witness has been sworn or affirmed to the truth of the facts therein alleged. s. 3 Caines. the judgments of God. 552 2 Wend. It. Fodere. 164 1 Pick. From the peculiar situation in which the parties are thus placed. there is no need of the further addition of senior. 3. Dig. Corporal oaths. 2 Hawk. 10 Mass. 223. That part of an affidavit where the officer certifies that the same was "sworn" before him. that all the parties to it except the insolvent. R. c.. JURAT Practice. Const. or other thing by which he swears. but an addition by use. 2. kills a dog in a few hours. 200 3 Metc. is from two to four drops. These oaths are so called. Com. and that it should contain his addition and official description. near taking the life of the girl. of necessity. 2. Poth. and 3 Story. if junior be not added. Harr. Orfila. prima facie. 3. to the name of the father. his person. Traite des Poisons. JUNIOR. on Oblig. 2. to recover the amount due by him. The rights and duties of persons are so called. 409. however. as. and even its insertion into a wound has tho same effect. Each creditor is plaintiff against the failing debtor. because the party making oath must touch the Bible. Rights of sovereignty or supreme dominion. 4 N. Dig. Am. R. A term in the civil law. see 3 Chit. But see 6 Wend. t. The judgment of God. J. The English law formerly impiously called the judgments on trials by ordeal. 388. It differs from all other actions in this important particular. Cr. many distinct and separate suits arise. of his wwn accord. to diminish the amount they demand from his estate. Given in sufficiently large doses. Dictionary. tome iii. 2. A certificate placed at the bottom of an affidavit. defers to either of the parties. Lo. and against the co−creditors. 3. by battle. 39. Any matter that distinguishes persons renders the addition of junior or senior unnecessary. article Sabina. and is sometimes called suppletory oath. or some other matter of distinction. Ent. 3 8. 35. Its usual form is. and which is understood by the general name juramentum judiciale. Vide 1 Beck’s Med. 7. JURATA. 2 Caines. 6 Rep. 601. 543. in the seventh month of her pregnancy. h. are at once plaintiffs and defendant. 330. 3 Harr. 316. med.JUDICIARY. It is used for lawful purposes in medicine. 1842. 187. 128. JURAMENTAE CORPORALIA. are called jura rerum. JUICIO DE CONCURSO. 1st. The rights which a man may acquire in and to such external things as are unconnected with. R. This has been held to be no part of a man’s name. Cond. and the former sue the latter. juramentum suppletorium. art. justice of the peace. four or six grains in the form of powder. P. Parr’s Med. namely "Sworn and subscribed before me. JURAMENTUM JUDICIALE. and each is. which had no effect on the foetus. 1 Mod. 20 11 Rep. In some cases it has been holden that it was essential that the officer should sign the jurat. for a grown person. Laws of Women. the father shall be. P. the writ is abateable unless the son have the further addition of junior. and the like. 12 Wend. on the ____ day of _______. and a convenient distinction between a father and son of the same name. JURA SUMMA IMPERII. 330. The jurat is usually in the following form. Salk. 2 Cowen. and which is called juramentum in litem. S. 7. the judges taken collectively. 170. Law. This plant is commonly called savine. It is usually administered in powder or oil. That which is done while administering justice. 2 Bl. defendant against the opposition made by the other creditors against his demand. Salk. 388 15 Pick. and is used in Louisiana. If father and son have the same name and addition. 798. It is the name of an action brought for the purpose of making a distribution of an insolvent’s estate. or the elder." 3. JUNIPERUS SABINA. 3. 380. jur. B. The oath called juramentum judiciale is that which the judge. 549. 42. 17 Pick. That which the judge defers in order to fix and determine the amount of the condemnation which he ought to pronounce. intended. but too frequently for the criminal intent of producing abortion.: Sworn (or affirmed) before me. 7. 283. − 2d. Hob. 203 10 Paige. 1. JURA RERUM. It was. Jur. the liberties of the people are secured by a wise and independent judiciary. p. That which the judge defers for the decision of the cause. The dose of oil for lawful purposes. 3. Eq. tome iv. 4. p. 1 Pick. Younger. This term is Spanish. See Courts. and are decided during the pendancy of the main one. JUDICIUM DEI. 2 John. the ____ day of . For or a form of indictment for administering savine to a woman quick with child. 431. Fodere mentions a case where a large dose of powdered savine had been administered to an ignorant girl. It is of two kinds. or the younger. But if the father be the defendant and the son the plaintiff. generally endangering the life of the woman. 479. But if father and son have both the same name.
h. But the legislature may. and if the court have not jurisdiction. Bac. t. R. Exclusive jurisdiction is that which has alone the power to try or determine the Suit. Confl. 2. 73. by the law of nations. et seq. which is when an appeal is given from the judgment of another court. P. for if the court appear from the bill. JURISPRUDENCE. 5 Cranch.) JURATS. by the civil law. to have jurisdiction. Ayl. v. Some courts and magistrates have both civil and criminal jurisdiction. 8 Mass. A phrase employed to denote conclusive presumptions of law. Eq. See Hardin. E 2. C. 3. as. 84. 2 & 3 Ed. 188. 36. 4. C. as. 13 Mass. Pet. _17. part. and his power in relation to his territory is called his territorial jurisdiction. c. which is called original jurisdiction. I. An inferior court has no jurisdiction beyond what is expressly delegated. 32. 6. without the assistance of a court of equity. done in conformity to the laws of the country. see Wheat. Pl.____. R. Jurisdiction is original. C. or assistant. (q. Cooke. and the like. where the subject−matter to be tried is not of a criminal nature. 355. by the examination of witnesses de bene esse. and tend to the injury of the plaintiff. jure uxoris. 1 Breese. the consent of. JURIDICAL.. 122. lib. h. JURE. 2. 414. 1 Bailey. by a general or special law. 1311. by Jeremy. 2 Mass. and so it must appear upon the record. Dr. Id. et seq." The Jurat. Gilb. 2 Lord Raym. 2. he has no remedy. S. 591. But where the court has jurisdiction of the matter. Huberus. 9 John. to take cognizance of. Rep. R. &c. by right of representation. 404. t. 4 Mass. by a general averment that the’ acts complained of are contrary to equity. by a bill of discovery.. 36. 4 M’Cord. Mitf. and that. is understood that connexion of truths which is . in aid of a court of law. 699. 476. 267. 5 Cranch. and see Bac. or out of the jurisdiction of the court. See generally. 2 Bailey. 1 Const. 1 Salk. action. R. C. Jurisdiction is also concurrent. in a matter which the law excludes. is called the jurisdiction clause. jure civilis. 478. 4 W. 292. when it is conferred on the court in the first instance. the bill will be dismissed though the clause may be inserted. 239. 9 Cowen. c. 5. 1 Pet. C. 27. of Laws. 441. c. Dies juridici. jure gentium. 514. Signifies used in courts of law. Vide 1 Salk. 3 Yerg. 43. Pr. Index. JURISDICTION. 2. that which is first seized of the case shall try it to the exclusion of the other. 303. and the practice which is there observed. 172 Pet. jurats are officers who have much the same power as aldermen in others. n. 213. 1 N. A power constitutionally conferred upon a judge or magistrate. Stat. Courts. 10 __. 1. This clause is unnecessary. is called his territory. 13 Ed. officers. Merlin. 3 Verm. _34. 4 Dall. Pat. and the defendant has some privilege which exempts him from the jurisdiction.. where the court is to punish crimes. Dec. JURIS ET DE JURE. C. 36. or criminal. 10 Conn. provide otherwise. 1 J. Prerogative. By science here. c. part a. 3. The science of the law. C. therefore. Ab. 332. In some English corporations. which cannot be rebutted by evidence. Marsh. either by pronouncing sentence or carrying it into execution. 111.. Story. the bill will be sustained without this clause. 1 Saund. Best on Presumption. exclusive. 227. Ab. It is a rule that in cases of concurrent jurisdictions. Bac. Eq. Pleas. the court. Days in court on which the law is administered. 8 Wheat. One well versed in jurisprudence. 79. Intern. v. t. 5 Har. 75. Pl. JURIDICAL DAYS.) or it is appellate. Inst. c. Kirby. _1. 4 Pard. 192. Com. Minor. Practice. Wright. C. and decide causes according to law. D. 1 Call. 114. Story. 1 Bibb. 484. and the articles Conflict of Laws. is null. 30. Courts. Courts of inferior jurisdiction must act within their jurisdiction. 448. & M. 4 John. 213. & John. C. Stat. &c. or not a complete remedy. VI. 288. by right. 280. 6 Pet. and the art. 513. a jurist: one whose profession it is to give counsel on questions of law. E 6. 2 Verm. Courts of the United States. R. IV. 65. 380. 86. cannot. Walker. As to the force of municipal law beyond the territorial jurisdiction of the state. Concurrent jurisdiction is that which may be entertained by several courts. 4 Mass. 263. for example. It is the law which gives jurisdiction. by the perpetuation of the testimony of witnesses. 317. 2 Wash. 11 Mass. The words signify of law and from law. 11. 26. in right of a wife. 6 Litt. assistant jurisdiction is that which is afforded by a court of chancery. 329. That part of a bill in chancery which is intended to give jnrisdiction of the suit to. in right. 593. 1 Ed. 3 Litt. The tract of land or district within which a judge or magistrate has jurisdiction. 449. or matter in dispute. 3 M’Cord. JURISCONSULT. Every act of jurisdiction exercised by a judge without his territory. 2 Yerg. 55.. jure representationis. Ab. confer it. Law. _7. 2. he may wave the privilege. Competency. Bouv. parties. By law. Jurisdiction is also civil. t. and to carry his sentence into execution.. 459. (q. JURISDICTION CLAUSE. 7.
48. North Carolina. arranged in methodical order. and making a just application of them to all cases as they arise. 3 Toull. 19 Amer. Merl.. 1. 12. 543. Wms. 50. 248. Vide Trial. by William. 312 Poth. VII. 238. Story. 1509. Law. 2 P. It is also used to signify equity. Amendm. Georgia. Dr. Cas. The right to abuse. JUS ACCRESCENDI. 3 Toull. 2 Wooddes. 1 Mason. prel.) or petit juries. 2 Caines. 1 Hill. The right of survivorship. has its jus antiquum and jus novum and jus novissimum. or having full dominion over property. By this phrase is understood the right to abuse property. 246.. See 11 Serg. In this sense. Eq. a collection of truths of the same kind. _1. 326. D. 2 Loisel’s Instit. tit. and to give a judgment respecting the same. A paper containing the names of jurors impanneled to try a cause. or capable of demonstration. It is a mere imperfect or inchoate right. Eq. n. L. Bract. and so on to the last survivor. jurisprudence is the practical science of giving a wise interpretation to the laws. 506. 86. the selection of persons who are to serve on the jury is made by disinterested officers. 2. D. This mode of trial by jury was adopted soon after the conquest of England. they generally receive a compensation for their services while attending court they are privileged from arrest in civil cases. 491. Civ. ch. Err. 1. for the purpose of deciding some controversy. Jur. Illinois. Missouri Mississippi. 3. Pennsylvania. property. it is not the right in the thing itself. p. and may be compelled to serve by fine. 3 Verm. and Jus in re. Tayl. 192. (q. 99. 2. Griff. n. Pand. Crabb’s C. Dig. This right. when one of several joint tenants died. Eq. t. a man who is sworn or affirmed to serve on a jury. Estate in common. A. & R. _352. 1. 1 Swift’s Dig. Butler’s Remin. 2 Bl. title. the jurors are selected by lot. A. de Propriete. In Louisiana. The former having been treated of elsewhere. h. The name of a servitude which Lives to the owner of land the right to bring . 1. JUS AD REM. 1 Ayl. The English law. 221 1 Story. Reg. however. JUROR. The term i’s usually applied to students and practitioners of law. and was fully established for the trial of civil suits in the reign of Henry II. the right of trial by jury shall be preserved. Estate in joint tenancy. R. n. and by this course of judgments forming precedents. Michigan. 4. it will only be necessary to consider the latter. 147. This phrase is applied to designate the right a man has in relation to a thing. 440. The jus novum may be supposed to have taken its origin about the end of the reign of Henry VII. Juries are either grand juries. Fr. s. The constitution of the United States also provides that in suits at common law. 439. Delaware. and Virginia. Tennessee. and from that period the jus novissimum may be dated. At common law. Dr. Kentucky. 3. A place set apart for the jury to sit in during the trial of a cause. New York. 15. the entire tenancy or estate went to the survivors. 1685. or it contains the names of all the jurors summoned to attend court. It assumed a regular form towards the end of the reign of Charles II. This phrase is nearly equivalent to chose in action. Ag. 2. Lect. c. 1 Root. In the old French law they are called inquests or tourbes of ten men. Jurist. like the Roman. shall be by jury. A petit jury consists of twelve citizens duly qualified to serve on juries. 1. v. secured by the several state constitutions. except in estates held in trust.founded on principles either evident in themselves. JURIST. Each one of the citizens so impanneled and sworn is called a juror. and that out of −the lists thus made out. that "the trial of all crimes. 3. but only against the person who has contracted to deliver it. impanneled and sworn to try one or more issues of facts submitted to them. Jur. 2. This term is applied in many modern phrases. is most advantageously considered as the connecting link of the jus antiquum and jus novissimum of English law. JUS. it may. where the value in controversy shall exceed twenty dollars. 6 Monr. The constitution of the United States directs. Jur. 6. except in cases of impeachment. who was born 40 years after the death of Henry VII. From juro. which is called a verdict. practice." and this invaluable institution is also. 2 Story. h. it is the habit of judging the same questions in the same manner. Story. this right was never recognized. de Dom. JUS ABUTENDI. JUS AQUAEDUCTUS. In Connecticut. Rep. Civ. has been abolished by statute in Alabama. Ab. 61. to swear. JURY LIST. prel. 1. Lord Coke. One well versed in the science of the law. t. In a more confined sense. law. who took an estate of inheritance. It is scarcely practicable to give the rules established in the different states to secure impartial juries. See. 235. Law or right. lib. 5. Jurors are selected from citizens. South−Carolina. JURY. Com. CIV. Rep. A body of men selected according to law. 1. JURY BOX. Indiana. be stated that in all. 4. _1215. 102.
2 Bl. Lois des Bat. by jus mariti is understood the rights of the hushand. n. 8. El. 2 Roll. during the marriage. An unknown law. A legal right which might have been enforced by due course of law. he is said to have a double right. Some modern writers have made a distinction between the laws of nations which have for their object the conflict between. JUS DICERE. In the common law. art. 1 & 10. JUS CIVITATIS. which is de nominated jus gentium publicum. jus mariti cannot attach upon a bequest to the wife. Jur. yet among them the sense was much more extended. Rom. civil law. JUS GENTIUM. 417. In Louisiana he is allowed ten days before he is required to make his election. 1028. A commission from the bishop. although given during coverture. directed usually to his chancellor and others of competent learning. or public international law. Law. who are required to summon a jury composed of six clergymen and six laymen. The name of a servitude which requires the paity who is subject to it. JUS MARITI. JUS CIVILE. Dr. Foelix. JUS PATRONATUS. (q. but revives when the water returns. JUS FIDUCIARUM. to inquire into and examine who is the rightful patron. River. 102. Com. 3. Supreme jurisdiction. The right of the hushand to administer. This term is applied by the civilians to obsolete laws. 214. Vide Rain water. The law of nations. _1. to permit his neighbor to conduct the waters which fall on his grounds over those of the servient estate. c. 3. 2. 2. c. Ab. Water−course. 2. JUS HABENDI. 2. 246. If the water rises in. of Laws. Bac. 1 Savigny. 5. v. To declare the law. du Dr. But until it has become obsolete no custom can prevail against it. as Bacon truly observes. Among the Romans by jus civile was understood the civil law. such as the international law which now exists among the Christian people of Europe. 42. art. Scotch law. tr. and those laws of nations which regulate those matters which nations. the servitude ceases. Vide Obsolete. The right of persons. JUS MERUM. 3 Bl. JUS LEGITIMUM. JUS PERSONARUM. Aphor. 2 Lepage. which they call jus gentium privatum. 8. 1. But if it had been brought. 4 2 Bl. the laws of different nations. 2. or condemn a man to death. 14.down water through or from the land of another.. When a man has the possession as well as the property of anything. eccl. are unjust. into his land by artificial means. Among the Romans the collection of laws which are to be observed among all the members of a nation were so called. Prive. Falck. 1. as such. The right to absolve from. 25. have with each other. Dr. for this there was a remedy in conscience. v. and that it would be in his power to grant it. its proprietor cannot by any grant divert it so as to prevent it flowing to the land below. 1: Bowy. l. title. Its privilege may be limited as to the time when it may be exercised. ch. JUS INCOGNITUM. Mod. R. either from its source or from any other place. which in some countries. n. Bract. civil law. The right to have and enjoy a thing. a right to property in land. or naturally flows through the land. JUS DARE. Encyc. A branch of the law which embraces the theory of the different classes of men who exist in a state which has . (q. 2. law. 1. 328. or private international law. and not to make it. 2 Bl. part. The right to dispose of a thing. A simple or bare right.. property. JUS DISPONENDI. It is opposed to jus gentium. 1. If the source fails. Com. JUS FECIALE. 1 Bail. 199. as. Code. 33. which. jus dare. in contradistinction to the public law. s. Com. The right of deliberating. JUS DUPLICATUM. 1. it seems it would be. jus duplicatum. Eq. or the right of possession. Among the Romans it was that species of international law which had its foundation in the religious belief of different nations. Rom. JUS CLOACAE. where the heir may have benefit of inventory. 3 Burge on the Confl. c. To give or to make the law. or jus gentium. This word is used to explain the power which the court has to expound the law. his wife’s goods and the rents of her heritage. Dig. ch. 328. A right to something held in trust. strictly his property. s. for the law to be just must give warning before it strikes. Com. Droit Interm. page l. jus dicere to the judge. Jus dare belongs to the legislature. Civ. until the executor has assented to the legacy. Civ. Sav. JUS GLADII. 4.) Although the Romans used these words in the sense we attach to law of nations.) is given to him to consider whether he will accept or renounce the succession. Civil law. JUS DELIBERANDI. 140. without possession. which is the law which regulates the affairs of nations among themselves. 4.
among others. observing a just proportion by comparing one person or fact with another. _506. and in its utmost rigor. 242. There seems a confusion of ideas when such matters are placed under this head. it differs little from virtue. s. civil law. prel. justice consists simply in letting every one . civil law. n. 3. the first being a conformity of our will. 221. Eq. 2. Its principal object is to ascertain how far a person can have a permanent dominion over things. if there be children. _352. of Eq. 2. Civ. Dr. property. Jur. and Toullier’s learned note. 50. JUS QUAESITUM. This epithet is applied to that which agrees with a given law which is the test of right and wrong. 5. 1 Bell’s Com. 86. when considered relatively and with respect to others. 328. 16. de Dora. _83. 2 Story. de Prop. 1 Mason. (q. 276. Dr. 235. 1. 25. Exterior justice is the object of jurisprudence. Dr. Book 2. the judge must make an equality between the parties. 1. 2. 3. 5. and the learned in this country. and the latter a conformity of our actions to the law: their union making perfect justice. 1. JUS RELICTA. Ins. JUS PRECARIUM. 5. n. 4 Wooddes. n. without destroying its substance. Tr. Dig. U. 8. Vide Bl. JUST. n. 1 Story. tit. The right of a wife. is called virtue. 108. Swinb. It is that which accords with the perfect rights of others. nor unequal persons things equal. Vide. 16. The right to use property. if there be none. JUS STRICTUM. which signifies law interpreted without any modification. 8. 6 et 7. 8. 27. A Latin phrase. tit. 25. Inst. part 1. It is extended merely over the ground. prel. Com. 5th ed. Eq. 2. Lect. as nearly as may be. 2. Justice is either distributive or commutative. Civ. 1. and prefers the division of internal and external justice. that no one may be a gainer by another’s loss. for example. A right to a thing held for another. The name of a servitude. The Danes. it is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Vide Bl. is confined to things simply good or evil. 5. for which there was no remedy. part 1. The name of a servitude. n. 3. 5. 5. and the legal form and juridical effects of the relations subsisting between them. Fr. Jur. Commutative justice is that virtue whose object it is to render to every one what belongs to him. JUS RERUM. JUS IN RE. Dig. It is employed in contradistinction to the jus abutendi. B. It is a complete and full right. 8. part 1. Fr. JUS POSTLIMINII. Distributive justice is that virtue whose object is to distribute rewards and punishments to each one according to his merits. 50. Just. Inst. s. Dig. JUS PROTEGENDI. Dig. 242. prel. title. A right to ask or recover. Marsh. 2 Bl. Com. Story. Civil law. s. so that neither equal persons have unequal things. to a third of movables. as a just weight Swinb. n. and part 1. Wolff. In the most extensive sense of the word. tit. 3. Jur. _1215. it is the right which the owner of a building has of projecting a part of his building towards the adjoining house. Scotch law. The constant and perpetual disposition to render every man his due. 1 Kent. prel. 573. By just is also understood full and perfect. Yet the common distinction between them is that that which considered positively and in itself. 323. Blackstone. Index. after her hushand’s death. JUS UTENDI. and a jus quaesitum in the obligee. Ag. the English. has adopted this classification. book 1. Tr. without resting on the latter. for it includes within itself the whole circle of virtues. This phrase of the civil law conveys the same idea as thing.been formed by nature or by society. The right of things. t. The right which a man has in a thing by which it belongs to him. 2. Toullier exposes the want of utility and exactness in this division of distributive and commutative justice. in an obligation there is a binding of the obligor. 1 Dig. To render commutative justice. tit. Fr. and consists in a man’s taking such a proportion of them as he ought. JUSTICE. Dr. Dig. The right to claim property after re−capture. 5. title. has the name of justice. Postliminy. 4. 491. n. 5 Aust. But justice being in itself a part of virtue. h. and how that dominion is acquired. _4. v. Eq. 8.) 3 Toull. adopted in the compendium or abridgments of the ancient doctors. Dane’s Ab. 8. n. Com. vide 2 P. Wins. Civ. and Jus ad rem. n. it includes particularly the theory of the ties of families. JUS PROJICIENDI. tit. Com. According to the Frederician code. and to one−half. property. or that which governs contracts. Book 1. 7. Poth. 5. interior justice is the object of morality. note. 1 Toull. Toullier defines it to be the conformity of our actions and our will to the law. in possession does with us. 3. class under this head the relations which exist between men in a political point of view.
extends to one hundred dollars. When the party kills in lawful self−defence. pronounces sentence of death. t. or of general gaol delivery. Co. he was called justiciciarius. Judges. and three justices in eyre. 4. 11. t. 3 Bl. as they were sometimes called. generally. JUSTICES OF THE PEACE. but sometimes suits are brought there. for want of bail. 2. Graydon’s Justice Baches Manual of a Justice of the Peace Com. JUSTICIARII RESIDENTES. justices of the peace have jurisdiction in civil cases. Vide. 58−9. Bac. It is justifiable. Ab. in others for a limited period. (q. when a felony or breach of the peace has been committed in their presence. At common law. law. A. Litt. are appointed by the executive in others. t. and made the circuit of the kingdom once in seven years for the purpose of trying causes. 3. when the affray has been committed in their presence. Dig. and in order to prevent the riotous consequences of a tumultuous assembly. 22 Hen. officer. 293. and the like. justices of the peace have a double power in relation to the arrest of wrong doers. held to bail to answer to the complaint. their jurisdiction in cases of contracts. A judge. 74. Law. s. under the Constitution of the United States and some of the states. Puffend. Co. Gro. and commissioned by the executive. is not guilty of homicide. JUSTICIES. only to a certain amount. there is properly but one single general rule of right. B. 17. 2." Amendm.. 5. issues out of chancery. generally. they may command others to arrest affrayers. D. Law of Nature and Nations. They are so called. s. The name of a writ which acquires its name from the mandatory words which it contains. v. perhaps all the United States. 15 Vin. to be sent into every county once a year. Eng. They were formerly justices. before he can take a step to arrest the offender. 2 Sell. JUSTICES IN EYRE. A judge who. Eng. "that you do A B justice. JUSTIFIABLE HOMICIDE. an oath or affirmation must be made by some person cognizant of the fact that the offence has been committed. issued by a competent tribunal. They were certain judges established if not first appointed. 2. in order to give the court jurisdiction. supported by oath or affirmation. s. who were so called because they went from county to county to administer justice. 2 Phil. Officers appointed by a competent authority to administer justice. or to do a grievous bodily injury. namely. 70. Courts and their Jurisdiction. 3. Com. Crabb’s Eng. they were so called to distinguish them from justices in eyre. Bac. The Constitution of the United States directs. They were justices or judges. 89. 1. That which is committed with the intention to kill. under circumstances which the law holds sufficient to exculpate the person who commits it. and that the person charged is the offender. When a ministerial officer acts in obedience to a lawful warrant. Not used. law. In such cases. the person charged is brought before the justice of the peace. h. or. Litt. Dig. 1.. Another name for a judge. 12. but upon probable cause.) to distinguish them from justices residing at Westminster. Ab. In Pennsylvania. 1. Amer. t. 1. 1. JUSTICES. Ev. h. 3. If a magistrate be not present when a crime is committed. These officers. England was divided into certain circuits. Burn’s Justice.. 7. Read. or justice the same as justiciary. JUSTICIARY. they are elected by the people. given to them by local regulations. for it is . definito. 103−4. B. by this name. Bac. When a judge or other magistrate acts in obedience to the law. justicier. because. they may personally arrest the offender. The county court has jurisdiction in cases where damages are claimed. Give every one his own. IV. Elementorum Jurisprudentiae Universalis. 3. Pr. 1176. or justices itinerant. JUSTICIAR. Eng. that "no warrants shall issue." 2. were appointed to each district. or soldier. and after bearing he is discharged. Treatise of Equity. See. lib.enjoy the rights which he has acquired in virtue of the laws. See 1 Saund. A. and bringing to punishment those who have violated the law. an original writ. and in French. h. In some. Vide Itinerant. The itinerant justices were sometimes mere justices of assize or dower. 4. lib. 306. c. − _1. c. II. Pr. They were afterwards directed by Magna Charta. c. Ld. or JUSTICIER. 293. Uses. or command others to do so. Vide Justiciarii Itinerantes. JUSTICIARII ITINERANTES. n. 239. h. They were usually called justices in eyre. committed to prison. 1. When a subaltern officer. 2. 3. Public officers invested with judicial powers for the purpose of preventing breaches of the peace. or there is probable cause to believe that he has committed the offence. 1. kills in obedience to the lawful commands of his superior. And as this definition includes all the other rules of right. After his arrest. who were called justicii residentes. who usually resided in Westminster. when greater damages are claimed. Ab. This term is in common parlance used to designate justices of the peace. law. c. Stat. Vide Eire. express or implied. in ancient times the Latin word for judge was justicia. Chit. In Latin. 1. in pursuance of his duty. 3. In some states they hold their office during good behaviour.
− _3. So. in many cases. when attacked with a felonious intent. 210. The manner of making the justification. A person may justify many acts. when properly instructed by his client on the subject. and servant. So. Vide Excuse. 22. on Cr. or other officers entrusted with the preservation of the public peace. 2. he is justified in obeying it. 13 H. a house may be pulled down if the adjoining one be on fire. 334. or by reason of the privilege of the defendant. by oath. JUSTIFICATORS. to prevent a greater destruction. It is an ancient principle of the common law. as. 3. is guilty of no offence. or to utter the words. − 2. In a civil action. Bac. that as the law prescribes the punishment of death for certain offences. children. justifies the officer to whom it is directed and who is by law required to execute it. 219. 1. or giving orders which lead to it. Its effects. as in the case of the arrest of an ambassador. So. A judge. 5 − _2. c. it must protect those who are entrusted with its execution. but is absolutely void. Vide. 35. 210. Allis. So. to kill a fox or otter. have been a trespass. without doing so. IV. or discharge the duty which he is commanded by the warrant to perform. 14 Mass. Tua res agitur paries cum proximus ardet. See Debate. He may justifiably. 4. 4 Mass. Dane’s Ab. upon the particular occasion. the suburbs of a city may be demolished in time of war. by proving their truth. ask for lodging’s at an inn. A private individual will. and lawffully commanded by a competent tribunal to execute it. Com. 240. 7. but this entry must be peaceable. justification must be specially pleaded. 1. if the excesses of a riotous assembly cannot be otherwise be repressed. b. to demand a debt due to him by the owner of the land to remove chattels which belong to him. VIII. 5. L. − _1. 1 Hawkes. 2 Lill. 22. a house may be broken to arrest a felon. who cannot waive his privilege and immunities by submitting to be arrested on such warrant. What acts are justifiable. and it cannot be given in evidence under the plea of the general issue. − _4. for a capital offence committed within his jurisdiction. 11 H. It is a general rule. in the course of advancing to discharge his duty. an entry on the land of another for various purposes. 219. E. Entry. t. that a warrant or execution. while acting in the defence of himself. 6. P. A man may justify what would. 1. note e. Slander. as. 28. while acting in self− defence. See 15 East. 2 L 3 to 2 L 7. And when the warrant commands him to put a criminal to death. Pleader. see 4 Mass. the officer is no longer justified. 515. will be justified in committing homicide. C. even. 2 Wash. 232. See Self−defence. C. 2. and is a complete justification to the officer for obeying its command. if. The acts to be justified are those committed with a warrant. 4.. 3. justified the innocence or oaths of others. either to write and publish the writing. for want of jurisdiction in the court which issued it. a man may enter on his neighbor to make a bulwark in defence of the realm. Eng. he cannot either save his life. or even for the protection of his personal property. why he did the thing he is called upon to answer. b. n. to exercise an incorporeal right. whether the same be right or wrong. Thus: a man may enter on the land of another. legally brought before him. it is a complete bar to the action. Murder. 891. unless the command was something plainly unlawful. or slanderous words. VIII. Hawk. & P. Dodd. 15 Vin. 286. Dig. Ham. a. h. Lawy.. 5 Yerg. S. VIII. after a lawful trial and conviction. 1 Russ. R. The act by which a party accused shows and maintains a good and legal reason in court. in obedience to the command of his officer. P. 459. in a legal manner. 2.evident. 48 to 66. for the good of the commonwealth. 16. criminal or civil. who pronounces sentence of death. A soldier on duty is justified in committing homicide. 220. for example. 10. When the plea of justification is supported by the evidence. &c. 1 East. as . 1 Coxes R. IV. 38 Eng. 13 Mass. while acting without any authority from a court or magistrate. issued by a court haviug jurisdiction. by counsel. Magistrates. The subject will be considered by examining. 615. or because the defendant had a right. 134.− _2. or those who. Ab. be justified in committing homicide. when slanderous words are found in a report of a committee of congress. JUSTIFICATION. C. as. C. See Self−defence. on a legal indictment. his wife. that a trespass may be justified in many cases. 31. b. Index. of the defendant. 9. − _3. 1 Baldw. or words of a slanderous nature are uttered in the course of debate in the legislature by a member. N. generally. 8 Ed. he be brought into such perils that. An officer entrusted with a legal warrant. Ab. A kind of compurgators. 126−139. In general. 1. 20. otherwise. But when the warrant is not merely voidable. a man may justify a libel. and those committed without a warrant. 424. B. 538. or at the bar. 21 H. Ab. which are beasts against the common profit. 9 C. therefore. C. are justified in committing homicide. Prin. take the life of an aggressor. or for the protection of his house. or in an indictment. 13 Ed. s.
in the case of wagers of law. who there justify themselves Against the exception of the plaintiff. . The production of bail in court. JUSTIFYING BAIL. practice.
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