1

JAhl11ABUNDY

J.
J. The InitIal letter of the words "judge" and 'Ijustice," for which it frequently stands as an abbreviation. Thus. "J. A.," judge auv oca te; "J. J.," junior judge; "L. J n law judge; II P. J.," president judge; "F . .J.," first judge ; "A. J.• " ussl)ciate judge; "C. 11 J., cbief justice or judge; "J. P.," justice of the peace; "JJ.," judges or ju:..t ices; "J. c. P.," justice of the common pleas; "J. K. B•• " justice of thf" killg'S bench; "J. U.n.," justice of the queen's bench; "J. U. D.,"
.•

JACTITATION OF MARRIAGE. English ecclesiastical law.

Iu

The boasting or

giving out by a party that he or she is married to some olher, whereby a common reputation
of their mat rimony may ensue.

To defeat

that result, the person m ay be put to a proof of the actual marriage, fa iling which proof.
he or she is put Comm.93.

to silence about it.

S BI.

JACTITATION OF T I T H E S 18th.
b oasting b y a man that he is entitled to

justice of the upper bench. This l etter is sometimes used for "I," as the i nitial letter of II Institutiones," in
references to the Institutes of Just.inian.

cer·

tain tithes to which he has legally no title. J A C T I V U S.
away.

Lo,t by default; tossed

Cowell.
In thecivil la\V. Calvin.

JAC.

An abbreviation for

U

Jacobu.s," the

JACTURA.
Loss from

A throw­

Latin form of the name James; used princi­
p<llly in cit ing statutes enacted in the re ign s of the E ng lish ki n gs of that name;
e.

ing of goods overboard in a storm i jeLtison.

Buell a cause.

g.,

"St. 1 Jac. ll
denotes

.

"

Usecl also in citing the

sec�

JACTUS.

and part of Croke's repor ts j thus, "ero. Jac.Ol

to lighten or save the vessel, in for general average. Dig.

A. throwing goods ov erb oard which case 14, 2, "dB lege
The throwing

IICroke's reports of cases in the tim e of James t."
JACENS. JACENS Lat. Lying in abeyance. An inherit­

the goods so sacrificed are a proper subject

Rhodia de Jactu. II
J ACTUS

LAPILLI.

HEREDITAS.

down of a stone.
the civil law, of

One of th e modes. under interrupting prescripl ion.

ance in abeyanc e.

See HEREDITAS JACENS.
In old English law.

JACET IN ORE. It lies in the mouth.

\Vhere one person was building on another's ground, and in tilis way :lcquir i ng a right by 'UStLcapio, the true owner challenged the in· trusion and interrupted Lhe p rescript ive right by t hro w ing down olle of tue stones of tile
hu ildi n g uefore witnesses

}i'leta, lib. 5, c. 5.

§ 49.
JACK. A kind of defensive coat·armor worn by horsemen in wae; not made of solid iron, but of many pI ales faslened together.
SOUle tenants were bound by their tenure to

called for the

purpose. JAlL.

Tray. Lat. Max. A gaol; a prison i a bu ildin g des·

find it upon in Vasion. JACOBUS.
wa.s struck.

C o w el l .

A gold coin worth 24s .. so

ig nated by law, or regularly used, for tile confinement of persons held

called from James 1., who was king when it
Ene. Lond.

in lawful

cus­

tOdy.

See

GAOL.
See GAOL DELIV'

JACTITATION.

A

false boasting;

a

JAIL DELIVERY.
ERY.

f;\l se claim j nssertions repeated to tile pl'ej u� dice of anoLher's right.
m

Thl! species of defa� atio n or disparagement of another's title to

JAIL LIBERTIES.

See

GAOL LInER­

TIEB.
JAILER.
on or jai l.

real estate lmown at common law as "slan­ der of tilla" comes under tbe head of jactita­ tion, and in some jurisdictions (as in Louis� ian a) a remedy for this injury is provided un� der the name of on "actio n of jactitation.
It

A keeper or warden o f a pris­

JAMBEAUX. J A M M A, ToLal amount;

Leg-armor.

Blount.

JUMMA.
collection j

In Hindu Jaw. assembly_ The

JACTITATION OF A RIGHT TO A CHURCH SITTING appears boa sting by a man th at he has
a

to be the
right or title

toLa l of a territorial assignment. JAMMABUNDY, In Hineu law. whole of au assessmcn� JUMMABUNDY.

t.o

a

pe w or sitting in a church Lo wldcll he

A. written schedule of the

has legally no title.

JAMPNUM
JAMPNUM.

649

JOBBER
a

Furze, or grass, or ground Co. Litt.

inal action incurs when has been fountl. and verdict.
a

valid indictment
a.

where furze grows; as distinguished from
"arabIll," 'Ipastul'e." or the like.

petit jury has been im.

paneled and sworn to try the case and give

511.
JAMUNLINGI, JAMUN DILINGI.

JERGUER. Techn. Dict. JESSE. Cowell. JET. Fr.

In English law.

An officer

Freemen who delivered themselves and prop­ erty to the protection of a more powerful per­
IOn. in order to avoid military service and other burdens. Spelman. Also a species of Du Cange. The Jerfs among the Germans. same as commendati. JANITOR. door.keeper.

of the custom�house who oversees lhe walLers.

A large brass candlestick, usu­

ally hung in the middle of a church or choir.

In old English law.

A

In

French

law.

Jettison.

Fleta, lib. 2, c. 24. Ajanitor is understood

Ord. Mar. !iv. 3, tit. 8; Emerig. Trait6 des Assu!". c. 12, JETSAM.

In modern law.

� 40.
A term descriptive of goods

to be a person employed to take charge of rooms or buildings. to see that they are kept clean and in oruer, to lock and unlock them, and generally to care for them.

which, by the act of the owner, have been voluntarily cast overboard from a vessel, in a storm or other emergency, to lighten the ship.

84 N. Y.
Small

852.
JAQUES. money. JAVELIN-MEN. Yeomen retained by In old English law.

1 C. B. !l3.

Jetsam is where goods are cast into the sea, and there sink aud remain IIllder water. 1 Bl. Comm. 292.
Jetsam dHfers from" flotsam, .. in this: that in the latter the goods float, whilo in the former the"\' sink, and remain ftom "ligan." nnder water. It differs als

the sheriff to escort the jlldge of assize. JAVELOUR. ,Roler. In Scotch law. . Iailer or

I Pitc. Crim. Tr. pt. I. p. 33. JUSTICE. Lynch law. Cow�

JETTISON.

The act of throwing over­ The

JEDBURGH

board from a vessel part of the cargo, ill case of extreme danger. to lighten Lhe Ship.
80

JEMAN. In old records. Yeoman. ell; Blount. JEOFAILE. am in error. ing. Certain statutes are called L. Fr.

same name is also given to the thing or things cast out .

I

have

failed; I

.A. carrier by water may, when in case ot
�xtreme peril it is necessary for tile safety of the ship or cargo, throw overboard, or other­ wise sacrifice, any or all of the cargo or ap­ purtenances of the Ship. Throwing property overboard [or sucil purpose is called "jetti5011," alld the loss incurred thereby is called a .. general averHge loss." Ci vil Code Cal.

An error or oversight in plend.. "statutes of

amendments and jeofailes" because. where a pleader perceives any Slip in the form of his proceedings, and acknowledges to Hlllend it. the elTor, (jeofaile,) he is at liberty. by those statutes, The amendment, however, is seldom made; but the benefit is attained by

§ 2148;

Civil Code Dak.

� 1245.
In French law.

the court's overlookinglhe excpption.
Comm. 407;

3 Bl.

JEUX D E BOURSE.

1

Saund. p. 228. no.

1.
0.

Speculation in the public funds or in stocks; gambling speculations on the stock excbange; dealings in "options" and "futures." JEWEL. By" jewels" are meant orna­ are prepared to be

Jeofnile is when the parties to any suit in plead

issue whicb abnll bo tried or is tried by
inquest, and ceed. this

ing have proeeeded so far that tbey bave joined pleading or issue is so badly

jury or

pleaded or joined that it will be error if they pro­ l'hen some of the said parties may, by their counsel, sbow it tQ the court, as well after verdict given and before judgment as beforo tho jury is charged. And the counsel shall say: "This in­ And if it be a.ftier

ments of the person, such as ear-rings, pearls, diamonds, etc., which worn. Brown, eh. 467. See. further, 43 N.

K

Y. 539; 36 Barb. 70; 14 Pick. 370; 33 Fed. Rep. 709. JOB. The whole of a thing which is to Mfa build by plot, or to work by the Civil Code La. art. 2727.

quest ye

ought not to take."

verdict, then he ma.y say: liTo judgment you ought not to go." And, because SUCh nicet.ies occasioned Termes de 10. Ley. many delays in suits, divers statutes are made to

be done.

L

redress them.

job, is to undertake a building for a certain. stipulated price." JOBBER.

JEOPARDY.

Danger; hazardj peril.

Jeopardy is tbe danger of conviction and rllnishmrnt which the def€.'ndant in a crim�

One who· buys alld sells goods

M

for others; one who buys or sells on the stock

JOCALIA
.nchange ; a dealer in stocks, shares,

650

JOINT DEBTOR ACTS

or 8e·

the statement of more than one cause of •

enrities. JOCALIA. In old English law. Jewels.

tion in a declaration.
JOINDER OF ERROR. In proc",," ings on a writ of elTor in criminal cnsea. the joinder of elTor is a written denial

This term was formerly more properly applied
to those ornaments which women, although married, call tneir own. are not suitable for the payment of debts. Joe E L E T. Cowell. JOCUS. of bazard. JOCUS practice. In old English law. Reg. Orig. 290. PARTITUS. In old En glis h When thesejocalia

of tbe

errors· alleged in the assignment of errors. It answers to a joinder of issue in an action. JOINDER OF OFFENSES. same indicLment or prosecution.

to ber degree, tbt'y are assels
1 Rolle. Abr. 911.
A little ma.nor or farm.

Th.unl�

ing or several distinct charges of crime in the

A game

JOINDER OF PARTIES. iug of two or more persons as co .defendants in one suit. JOINT. United j

The uni� as co·plaintiffs or

A divided game. rislt. or hazard.

combined; undivIded.

An arrangement which the parti es to a

snit

done by or against two 01' more unitedly; sbared by or between two or more. JOINT ACTION. more defendan ts . JOINT ADVENTURE. persons jointly. A commercial An action in

were anciently sometimes allowed to make by mutual agreement upon a certain hazard,
(sub periculo,') as that one should lose if the

case turned out in a certain way, and, if it did DOt, that the olher should gain, (quod
unus amittat si itq. sit, et 8i non sit, quod aUus lucretur.)

there are two or more plaintiffs,

which or two or

Bract. fols. 211b. 379b. 432.

or muritime enterprise undertaken by several

434. 200b.
J 0 HN DOE. 'fbe name which was usually given to the fictitioHs lessee of the plaintiff in the mixed action of ejec tment. He was somet.imes calletl "Goodtitl(>." in law proceedings, as Titius, Seius. J 0I N DE R . Joining or coupling to­ So the Homans had their fictitious personages

See ADVENTURE. A

JOINT AND SEVERAL BOND. both jointly and individually to the

bond in whicb the obligors hind tbemselves

ouligee,

and which roay be enforced either by a joill� action against aU or separate actions again8� each. JOINT BOND. One in which the obll·

getherj uniting two or more constituents or elements in 0119; uniting with auothe!' per­ son in some legal step or proceeding. JOINDER IN law, (called a DEMURRER. When

gors (two or more in number) bind tilemselvea jointly, but not severally. and which must therefore be prosecuted against all the in a joint action

obligors.
A joint com·

8 defendant in an action tenders an issue of
" demurrer, It)

JOINT COMMITTEE.

the plaintiff, if

mittee of a legislative body comprising two chambers is a committee consisting of repr&o sentatives of each of the two houses, meeting and acting together as one committee. JOINT CONTRACT. On e made bylwo

be mea.ns to ma.intain his action, must nc­ cept it, and this acceptanco of the defendant's tender, signified by the plaitltiff in a set form of words, is called a "joinder in demurrer." Brown. JOINDER IN ISSUE. In pleading.

or morc promisors, who are jointly bound to fu Ifill its obligations, or made to two perform:.mce of the same. JOINT CREDITORS. debt or demand. IN PLEADING. Accept­ JOINT DEBTOR ACTS. Statutes en­ Persons

or more

A. formula by which one of the parties to a
suit joins in or accepts an issue in fact ten· dared by the opposite party. Steph.

promisees, who are jointly entitled to req U ite

Pl.

57,

236.

More

commonly termed a

1\ similiter."

(q.".)

entitled to require satisfac tion

jointly of tbe same

JOINDER

ing the issue, and mode of trial tendered. either by demurrer, error, or issue in tact, by the opposite par ty. JOINDER
demands

acted in many of the states . which provide that judgment may be given f()r or against oue or more of several plaintiffs. and for or against one or more of several defendant!!, and that, "in nn action agai nst seversl d& fendants, the court may, in its discretion,

OF

ACTIONS.

This ex­

pression signifies the uniting of two or more

or rights of action in ODe action;

JOINT

DEBTORS or more of

651

JOINT TENANTS

It'IDder judgment agaiu::It Doe

business purposes, resembling a partnershll­ in many respects, but possessing a commor. fund or capital stocli:, divided into shares, which are apportioned among the members according to their respective contributions, and which are assignable by the

them, leaving the action to proceed against the others, wbenever a several judgment is proper. JJ The narue is also given to statutes providing that where an action is instituted against two

or lllore defendants upon an Jll­

owner with­

laged jOint liability, and some of them are

out the consent of the other members. An association of a large Dum ber of pflr­ sana united togetber for the common purpose of carrying on a

served with process, but jurisdiction is not
obtained over the others. the plaintiff may

still proceed to trial against those who a re
before the court, and, if he recovers, may bave jUdgment against all of the defendants whom

trade or some useful enter­
The com­

prise capa.ble of yielding profit.

mon property of the members, applicable "joint stock." 'VhllrtoD.

to

be shows to be jointly liable. Judgm. §§ 208, 235.
JOINT DEBTORS.
• jOint liability or indebtedness.

1 Black.

tb€' purposes of the company, is called its
The wOl'ds "joint-stock company" have never been used as descriptive of a corporation created by special act of tho legislature, and authorized to issue certificates of stock to its sllareholders. They describe a partnership made up of many pel'sons acting undor aI"t,icles of association, for the pur· pose ofcarrying on ing Ilcapital stock, divided into shares transferabl6
a.

Persons united in

JOINT EXECUTORS.
of a will.

Co-executors;

two or more wbo are joined in the execution

particular business, and hav­

JOINT FIAT.
trading partners.

In English law.

A fiat

at the pleasure of the holder,

121 Mass. 526.

in bankruptcy, issued against two or more

J O I N T- S T O C K CORPORATION.
This differs from a jOint-stock company

in

JOINT FINE.
a

In old English law.

"If

being regularly incorporated. instead of be­ ing a mere partnerslJip. but resembles it i n haVing a capital divided into shares o f stock. Most business corporations (as distinguished from eleemosynary corporations) are of this character.

whole vill is to be fined. a joint fine may be

laid,

aod it will be good for the necessity of

it; but, in other cases, fines for offenses are to be severally imp(lsed on each partieular offender. and not jointly upon all of them." Jacob.

JOINT TENANCY. A co-heir.
When several

An estate in joint

JOINT HEIR.

tenancy is an estate in fee-simple, fee-tail, for life, for years, or at will, ariSing by pur­ chase or grant to twoor more persons. cruing by one and Joint tenants have one and the same interest, ae. the same can veyance, commencing at one and the same time, and held by one and the same undi vided posses.. sian. The grand incident of joint tenancy is survivorship. by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor. Pub. St. Mas.:;. 1882. p. 1292.

JOINT INDICTMENT.

offenders are joined in the same indictment, Buch an indictment is called a "joint indict­ ment:" as when prinCipals in the first and second degree. and dictment. accessaries before and after the fact. are all joined in the same in­

2 Hale, P. C. 173; Drown.
This expression is used

JOINT LIVES.

to deSignate the duration of an estate or right which is granted to two or more persons t o b e enjoyed so long a s they both (or all) shall llve.

.A. joint interest is one owned by several
persons in equal shares, by a title created by a single will or transfer, when expressly de­ clared in the will or transfer to be a joi nt tenancy, or wheu granted 01' devised to ex­ ecutors or trustees as joint tenants. Code Cal. § 683. Oivil

A.s soon 88 one dies, the interest de­
BANKS.
In English

termines.

JOINT-STOCK
law. ot ba n ki ng .

Joint-stock companies for the purpose They are regulated, according

to the date of their incorporation, by charter, or by 7 Geo. IV. c. 46; 7 & 8 Viet. ce. 32,
113; 9 & 10 Viet. Co 45, (in Seotland and Ire­
land;) 20 & 21 Viet. c. 49; and 27 & 28 Viet. c. 32; or by the" Joint-Stock Companies Act,

JOINT TENANTS.

Two or more per­

sons to whom are granted lands or Lenements to bold in fee-simple, fee-tail, for life, for years, or at will.

L M

2 Bl. Comm. 179.

1862," (25 & 26 Viet c. 89.)
.

Wharton. An un-

Penwns wbo own lands by a jOint title created expressly by one and the same deed or will.

JOINT-STOCK COMPANY.

4 Kent, Comm.357.

Joint tenants

-incorporated association of indivinuals for

baye one and the same interest, accruing by

JOI�T TRESPASSERS

Gt:i2

JUDAI:;MU5
In the system ot

ODe and the same conveyance, commencing at one and the same time, and held by olle and the same unuivided possession. C.mm.180. JOINT TRESPASSERS. Two or more

count of the weather, etc.

double-entry book.ker-ping. the or

journal is an

2 m.

accollntrbook into which are transcribed. daily

at other intervals, the items entered upon

the day·bool" for more convenient posting into the

who unite in committing a trespass. JOINT TRUSTEES. Two or more per­

ledger.

In the usage of legislative

bodies. the jOll rnal is a daily recoru of tbe proceerlings of either house.

It is kept by

lions wi!.) afe Intrusted with property for the benefit of one or more others. JOINTRESS, man who has vive him. JOINTURESS. A w()­

the clerk, and in it are entered the appoint;.. ments and actions of committees. introduc­ tion of bills, motions, votes, resolutiol1s. eLc., in the order of their occurrence. JOURNEY. The original Signification It is now time.
But,

an est,ate sett l ed on her by her

husband, to hold during ber life. if she sur­

Co. Litt. 46.
A freebold estate in lands

of this word was a day's travel. place, without restriction of

applied to a travel by land from plaCe to when thus applied. it is employed to desig' nate a travel which is wit.hout the

JOINTURE.

or tenements secured to the wife, and to take effect on the decease of Lhe husband. and to continue during her life at the least, unless she be herself the cause of its determination. 21 Me. 369.
A. competent livelihood of freehold for tbe

ClrJinary

habits, ulisines$, or dl1t ies of the persoll, to a distance from his home. and beyond the cir. de of his friends or acquaintances. 521. JOURNEY-HOPPERS. In English law negrators of yarn. 8 Hen. VI. c . 5. A workman bired by 53 Ala.

wife of lands and tenements to take effect presently in possession or proUt, after the de­ cease at' the husband, for the life of the wife at least. Co. Litt. 36b; 2 B1. COIllIll . 137. A jointure strictly signifies a jOint estate limited to both busband and wife, and sucb waS its original form; but, in its more usual form, it is a sale estate limitetl to the wife only, expectant upon a life·esLate in the hus� band.

JOURNEYMAN.

the dOly, or other given time. JOURNEYS ACCOUNTS. practice. In Englisb

The name of a writ (now obsulpte)

which might. be sued out where a former writ bad abated without. tile plainti:ff 'a fault. The length of time allowed for taking iL out depended on the length of thejournclJ the part.y must make to reach the court; whence the name. JUBERE. order, direct. word jMbeo, Lat.
01'

2 Bl. Comm.137; 1 Staph. Camm. 255.
or

JONCARIA.

JUNCARIA. Co. Litt. 5a.

Land

where rushes grow. JORNALE.

As much land as could be Spel man.

plowed in oue day.

In the civil law.
Calvin.

To

JOUR. AFrencb word, signifying Uday."
It is used in

command.

The

our old law· books; as "tout

(larder.) in a will, was called Cod. 6, 43. 2.

jours," forever.
JOUR EN BANC. tinguished from A day
en

a U word of direclion," as distinguished from "precatory words." To assure or promise.
'1'0 decree or pass a law.

in bane. Dis­
"

uJ'our

PflYS,

(a day in
en

the country.) othE>rwis6 called

"Jom'
old

nisi

JUBILACION. privih.>ge o[ a

prius."
JOUR IN ance day. ant a day COURT. In practice. Day in court; day to appear in court; appear­ "Every process gives tbe defend­

In Spanish law.
to

Th.

public omcer

be retired. on

account of intirmity or disability, rf'taining the rank and pay of his office (or part of the same) after twenty years of public service, and on reaching the age of fit ty. JUDlEUS, JUDEUS. JUDAISMUS. t.he Jews. interest. Lat.
A Jew.

in court."
A

Hale, Anal. § 8. daily book; a book in

JOURNAL. (rool day to day.

which entries are made or events recorded In maritime law, the jour­ nnI t0t.herwise called "log" ur "log-book") is a lJook kept on eve!"y vessel, which COD­ tains a brief record of the events and oc· CUrrf'Dces of each day of a voyage, with the nautical observations, course of the ship, ac-

The religion and rites ot A quarler set apart A usurious rate or

Du Cange.

for residence of Jews.

1 Mon. Angl. 839; 2 "Mon. Angl.
Sex mtH'CUS sterZi71 gorum ad ac­

10. 665.

quietancZam t, nam pra:dictum de Judaismo,

in quo fu,it impi[jnorata.

Du Cange.

An

JUDEX

653

JUDGE

ADVOCATE GENERAL
A judge Is the

income anciently accruing to Lho king from the Jews. Blount.

Judex est lex loquens.

JUDEX.

Lat.

In

Roman law.

A pri­

law speaking, [the mouth of the law.] Coke,4a.
J U DE

7

vate person appointed by the prmtor, with the consent of the parties, to Lry and decidp a causE' or nction commenced before him. .lIe
rec�lved from the prretor a written formula

X FISCALIS.

A

fisc's! judge;

one having cognizance of matters relating to the fiscus, (q. v.)
Judex habere debet duos sales,-salem sapientire, ne sit insipidus; et salem conscientioo, ne A. judge sit diabolus. should bave two salts,-the salt of wisdom,

instructing him as to the legal principles ac� cording to whiclJ the action was to be judged. Calvin. Hence the proceedings before him were said to be in judicio, as those before the prretor were said to be in Jure.
In later and m o d e r n civil la.w.

Jest he be insipid; and the salt of cODscience. lest he be devilish.
Judex pria non poteat esse testis in pro­

A

judge, in the modern seDse of the term.
In old English law.

causa.

A juugt' cannot be a witness in
4 Inst. 279.

A juror.

A jUdge,

liis own cause.

in modern senae, especially-as oppo�ed to a common·law judge-to denote an ecclesiastical judge. Bract. ro1s.

justiciaTius. i. e.,

Judex non potest injuriam sibi datam punire.

A judge cannot punish a wrong

done to himself.
Judex non

See 12 Coke. 114.
reddit plus quam quod

401, 402.
Tbe judgej'1'om whom, a! j'l.ulex taken.
JUDEX A QUO.
In modern civil law.

ad Cfltem

is

A judge does not give more than what the complaining party
petens ipse requirit.

the judge to whum, an appeal is made or Hallifax. Civil Law. b. 3, c. 11. no.

himself demands.
JUDEX

2 lnst. 286.

3'!.
JUDEX AD QUEM.
an appeal is taken. Judex requitatem s e m per debet. spectare

law.
A judge to whom

ORDINARIUS. In the civil An ordinary judge; olle who had the

right of hearing and determining causes as a matter of his own proper jurisdiction,

(ex

propria jurisdictione,)
a delegated authority.

and not by virtue ot Calvin.

A judge ought always to regard
Jenk. Cent. p. 45. case 85.

equity.

Judex ante oouloa requitatem semper habere debet. .A judge ought always to

JUDEX PEDANEUS. In Roman law. The judge who was commissioned by lhe

prretor to hear a canse was so called, from the low seat which he anciently occupied at the foot of the prretor's tribunal.
JUDGE. A public officer, appointed to preside and to administer the law in a court

have equity before his eyes.

Judex bonus nihil ex arbitrio suo fa­
ciat, nec proposito domesticre voluntatis, sed juxta leges et jura pronunciet.

A

good judge should do nothing of his own ar­ bitrary will. nor 011 the dictate of bis per­ sonal inclinaLion, but should decide according
to law and justice.

of justice; tbe chief member of a court, and chargpd with the control of proceedings and the decision of questions of law or discretion. "Judge" and "justice" (g. 'v.) are often used in substantially the S8lDe Bense.
JUDGE ADVOCATE. An officer of a

7 Coke, 27a.

Judex damnatur cum nocens g,bsolvi­ tur.

The jUdge is condemned when a guilty

person escapes punishment.
JUDEX DATUS. In Roman law. A

court-martial, wbose duty Is to swear in the other members of the court, to advise the court. and to act as the public prosecutor; uut he is also so far th(l counsel for the pris­ oner as to be bound to protect him from the necessity of answering crindnatiug q lIestions, and to object to leadillg questions when pr� pounded to other witue!::lst:ls.
JUDG E ADVOCATE GENERAL.

K

judge given, that is, assigned or appointed, by the prretor to try 1\ cause.
Judex legata et debet judicare probata. secundum

al­

The judge ought to decide according to the allegations and the

L

proofs.
JUDEX DELEGATUS. A delegated

The adviser of the government in reference to cot!rts-martial and other matters of military law. In England, be is generally a member

M

judge; a special judge.

JUDGE-MADE LAW

654

JUDGlIENT

of the house of commons and ot the govern� meot tor the time being.
JUDGE-MADE LAW. A phrase uoed

by a court of justice or other compotent tri­ bunal, as the result of proceedings instituted therein for the redress of an injury. Comm. 395: 12

8 BI.
of

to indicate judicial decisions which construe away the meaning of stat.utes, or find mean­ ings in them the legislature never intended. It is sometimes used as meaning. simply, the law established by judicial precedent. Cooley, Const. Lim. 70, note.
JUDGE ORDINARY.

Minn. 437, (Gil. 326.)
Code

A jUdgment is the final determination
the rights of the parties in the action. Code Civil Proc. Dak. § 228.

N. Y. § 245: Code Civil Proc. Cal. § 577:
A judgment is the final consideration and detal'­ mina.tion of
a.

court of compeUlntjuried iction UPOD

By St. 20 & 21

the matter submitted to it, and it is only evidenced by
0.

record, or tho.t which is by law, as the files

Viet. c. 85, § 9, the jUdge of the court of probate was made judge of the court for di­ vorce and matrimonial causes created by that act. under the name of the "judge ordinary," In Scotland, the title "judge ordinary" is applied to all those judges, whether supreme or inferior, who. by the nature of their allice, bave
a

stead.

and journal entries of this state,

substlt.uted

tn i�

An order for a. judgment is Dot the judg­

ment, nor does the entry of 8u(.:h order partake of the nature and qualities at 6 judgment record. This must clearly ascertain Dot only the deter­ mination of the court upon the subject submitted, but the parties in favor of and against whom !top­ erates.

3 M.ich. 88.

fixed and. determinate jurisdiction in

The term "judgment" is also used to d� note the reason which the court gives for its decision; but this is more properly denomi� 'dated an "opinion."

all actions of the same general nature. as contradistinguished from the old Scotch privy council. or. from those judges to whom some special matter is committed; such as commis­ sioners for taking proofs, and messengers at arms. Bell. In English

Classification.
MENl' CN

Judgments are either in

rem or in personam,. as to which see

JUDGE'S CERTIFICATE.

JUDe· HEM, JUDG�lES'.r IN l'ERSONUl .Judgments are either Jinal or interlocuto1'Y. Aflnal jUdgment is one which pllts an

practice.

A. certificate, signed by the judge who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, t.his is a nec\:Issary preliminal'Y to the taxing of costs for such party. A. statement of the opinion of the court, signed by the judges, upon a question of law s',bmitted to them by the cbancellor for their decision. See 3 ilL Comm. 453.
MINUTES, or NOTES.

See Code N. C. § 384. end to the action, or disposes of tile whole case, finally and completely. by declaring either that lhe plaintiff is e.ntitJed to recover a specific slim or that he cannot recover, and leaving nothing to be done but the execution of the judgment. A final judgment
is one tba.t disposos of tho case, either by dismissing it before a hearing is had upon the merits, or, after the trial, by rendering judgment either in favor of the plailltil? or defend­ ant; but no judgment or order which does lot de­ termine the rights 01 tho parties in the cause, and premises, is a fina.l judgment. preclude further inquiry as to their rights in the 7 Neb. 898.

J U D G E' S

Memoranda usually taken by a judge, while a trial is proceeding, of tbe testimony or wili­ nesses, of documents offered at admitted in evidence, of offers of evidence, and whether it has been recei ved or rejected, and the like matters.
JUDGE'S ORDER.
R judge

An interlocutory jUdgment is one given in the progress of a cause upon some plea. pro· ceeding, 01' default which is only intermedj· ate, amI does not finally determine or com­ plete the suit. 3 Bl. Comln. 396. A. judgment may be upon the merita, or it may not. A judgment on the merits is one which is rendered after the substance and matter of the cuse have been judicially In­ vestigated, and the court has decided which parLy is in the right; as distinguished from a jUdgment which turns upon some prelimi­ nary matter or technical point, or which, in COD seq uence of the act or default of one at the parties, is given without a contest or trial.

An order made by

at chambers, or out of court.
A Cbeshire juryman. Jacob.

JUDGER.

JUDGMENT.

The otlicial and authentic

decision of a court of justice upon the respect­ ive rlghts �\lld cl:lims of the parties to an ac­ tion or suit therein litigated and submitted to its determination. The conclusion of la.w upon facts found, or admitted by tlie parties, or upon their de­
930:

fault in the course of the suit. 32 Md. 147.

Tidd. Pro

The decision or sentence of Ule la w, given

or judgUlon La rendered without a regUlar

JUDGMENT

655

JUDGMENT Judgment of nil capiat per br�",e or pet'

trial, or withou t a complete trial, the several

!pecies are e n umerated below. J udgment by difault is

a j u u gment

And jl1's t : ob­

billam is

a jUdgment

in favor of the defend­

ant upon a n issue raised upon a declaration
or peremptory plea ,

tained byone party when tho other party neg­ lects to take a cerLai n necessary step in the ICtion

J udgment quod partes replacitent. is

Thi8

(as.

to enter an appearance, or to

pJead) within the proper time.

In Louisiana, after

a j ml gme nt of repleader, and
The
parties

is given if an

issue is formed on so immaterial a pOint that the court cannot know for wbom to give j udgment.

the tnm "contradictory judgment" is used to d istingu i sh a judgment given their claims or in ment by default. ant their de[en�e. 11 La. 366. lhe parties [Jave been beard, either in suppurt of

m uat

then

recon­

frolll

struct their pleadings,

a judg­

Jud gment by con/es";ion is wliere

a defend­

gives the plaintiff a

cognovit or writ te n

confession of

judgment." as it is frequ ently called ) by vir­ tue of which the plaintiff enters judgment. Judgment nil dicit is a j Udgment reudered

the action (or

"confession of

m ent given again st the defendant, requiring him to " answer over, " after he has failed to establish a dilatory plea u pon which an iss ue in la w has been raised.
favor of the plaintiff, (that he do reco ver, ) rendered when he sue in fact or ariSing on Judgment quod 1'ecuperet is a judgment

Judgmen t of rel.'jloncZeat O'USt�T is 8 jlldg­

in

for tbe plaintiff when the defenuant <Csays nothing;" that is . when he neglects to plead to the plaintiff's declaration within tile proper Judgment by non sum in,f onnatus
a

J udgm( nt non ob.'Jtante vcr('dlGio is a judg�
'

has prevailed upon an i&­ an issue i n law other than one a dilatory pl(>a, Steph, PI. 126. bas been
given for

time.

which is nwdered when, in s tea d. of entering
'

is

ment en tered for the plai nUff "notwitbstand� one lng the verdict" which defendant; which may be done where, after verdict and before judgment. it appears the record that the matters pleaded or

intol'med of any a nswer action.
Step h. Pl. 130.

plea, the defendant s atto1'llcy says be is not

by

to be given to the

is of two kinds,­ volunt.a ry and involun tary. 'Vhcn plaintiff
Judgment of no'nsuit
aban dons his case, and consents tbat judg�

to,

although verified by

sufficient to constitute

the verdict, are in­ a defense 01' bar to the

replied

action, judgments rendered i n certain acti o ns. These are SpeCial, technical names are giv en to the

ment go against biro for

costs, it is volun­

tary.

appear, or when be has gi ven whit.:lI a jury unlary.

But when be, being called, n eglects to

could. fi nd a verl1ict. PI·oem. Ju dgm. § 6.

no evidence o n
i ii is invol�

explai ned as

follows:

J udgme nt quod computet is a judgment in

Judgment of rt d1'axit, dered where,

A judgmen t I'en�

verdict, the plain tiff voluntarily goes i nto
It differs from a nonsuit.

after appearance and before

an action of account- render that the defend­ Rnt do accou nt. J ud gm ent quodpartitiu flat is the interloc..­ utory judgment i n a writ o f pa rtitio n . that pa rtiti o n ue made. Judgment quando acciderint. plea. If on the

court and enters on the record tbat be " with­ draws his suit." In

is a n open. vol u n tary renunciation o f his claim in court, and by i t b e forever loses hi s action .
upon payment of cos ts ;

the

latter case the plaintiff may sue agai n,

of against

plene administravit

in an action

an executor or administrator, or on

� ut a

ret1'axit

against an b ei r. t.he plaintiff, insteatl of tak­ ing issue on the plea, take j udgmentof asse:" erwards come to the !Jands of the exec utor or hei r, the plaintiff
f acias, b efore he can have execntion. acias, u po n this scire f quando acciderint, in

the plea of riens per descent in aD action

m ent is

Judgment of nolle prusequi.

This jndg­ suit. or en­

this case, if assets aft­
first sue out a scire

entered when plaintiff declares that

be Wlll llot

further prosecute his

m list

try of 8 stet processus, by whicll plaintiff agrees that all further proc eedi ugs shall be J udgment o f non pros. (non prosequitur)
given again st the plaintiff for a

If.

assets

be found for

K L

.tayed.

part. the plaintiff may have j udgment to re_ cover so much immediately, and the residuB
uturo. of the assets inf

is one

lect to take any of those steps which cumbent the writ

on

neg� it is in­

1 Sid.

448.
Where,

Jud g m ent de melioribu,s damnis.

blm to take in due time.
bil l be q u asb ed )

Judgment of cassetu1' breve or billa (that

or

is

a judgmenL

givin g

tort. lhe j ury by mistake sever thedamages by

in an action against several persons for a joint

rendered in favor of a party pleading in abate­

ment
131.

to a writ or action.

Steph ,

PI. 130,

he,wier damages against one defend_ Ilnt than against the others, the plaintifl:: may cure the defect by ta ki ng j u dgment for the
greater damages
(de meliuribus damnis)

M

j

JUDGMENT 19ainst

656

JUDGMENT NOTE

that defe ndant, and entering a nolle (g. tl.) agai n st the others. Sweet. J ud gm e nt in en'or is a j udgment rendered by a court of error on a record sent up from an i nferior COLlrt.
111'osequi

JUDGMENT-BOOK.

A

book requ i red
the records of

to be kept by the clerk,

the cOllrt, for the entry of j Udgm ents. N. Y. § 279.
JUDGMENT CREDITOR.
is

a m ong

Code

One who

e nti tled to enforce a j udgmen t by execu­ tio n, (g. t).) The owner of an unsatisfied judgment.
J U D G M E N T DEBTOR. A person against whom judgment bas been recovered. and which remains unsatisfied. JUDGMENT DEBTOR SUMMONS.

personam, in this: that the latter jUdgment Is in form, as well as substance. between the, parties clairnin� the right; and that it is so inter partes appears uy the record its elf. It is binding only upon the parties appearing to be sHch by the record, and those cl aimi ng hy them. A j udgme nt 111 Tern i. founde:l Oll a proceedlng instituted, n ot against the per­ son, liS such. but against or upon the thing or subject- matter itself. whose state or con· d i tion is to be dete rm i n ed . It is a proceed. ing to determine· the state or cont.liLion of tilt) thing itself ; and the judgment is a solem n declaration upon the status of the th i ng. and it ipso facto J'enders it what it declares it to be. 2 Vt. 73.
Various definitions have been given of a judg­ ment '£11. rem., but all are eritioised as either in complete or cOlllprehonding too much. It is geo. erally said to be u. judgillent declaratory of the

Under the English bankruptcy act, 1861, §§ 76-85, these summonses might be issued against both traders and non.traders, and. in default of payment of, or security or agreed composition for, the deLt, the debtors m igh t be adjudicated bankrupt. This act was re­ pealed by 32 & 33 Viet. e. 83, § 20. The 32 & 83 Vict. c . 71, however, (bankruptcy act. 1869, ) provides (section 7) for Llle granting of a " debtor's summons, " at the i nstance of credi to rs, and, in the event of fu iJure to pay or compound, a peti ti on for adjudication may be presented, unless in the CVtlltS provided for by that section. ·Wharton. Debts, whether on simple contract or by specialty, for the recovery of which judgment has been entered up, either upon a cognovit or upon a warrant of attorney or as the result of a s ucce ss f ul
JUDGMENT DEBTS. action. Brown. A li st or J U D G M E N T DOCKET.

statl!s of somo subject-matter, whether this be a
person or a thing. Thus, the probate of a will The

fixes the statHS of the documont as a wlll.

'personal rights and interests which follow are mere inoidental results of the status or oharacter of the paper, and do not appear on the face of tbe judgm nt. a marriage is n. judgment in rent, because it .fixes thestatu8'of the person. A judgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revonue laws, is a judgment in rern. But it is objected that the cu&­ tomary definition does not fit suoh a case, beeauso there is no fixing of tbe status of anything, the whole effect being a seizure. wbatevor the thing may ho. In the foregoing instances, and mauy others, the judgment is conclusive a.gainst all the participation in !be proceedings.

e

So, a decree establishing or dissolving

world, without reference to actual pl'csoneo or If the expros­ sion "strictly in rem" may be applied to any class of cases, it should be confined to such as these. 14 A
very able writer says : ' The distinguishing char. acteristic of judgments in. rem is that, wherev�r

tbeir obligation is recoguized sud enforced as against any person, it is equally recogniz d and enforced as against an pet·sons.' It seems to us that thetruo do.finition of a ' judgment in rem I is ' an ad­ judication' against some person or thing. or upon the St(ltU8 of some s ubject-mattel' ; which, wher­ ever aUll whenever binding upon anll person. is eqnally oinding upon aU persons. II 78.

e

docket of the judgmE"llts entered in a given court, methodically ){ept by the clerk or other proper ollicer, open to public inspection, and in ten ded to afford official notice to interested parties of the existence or lien of jllllgtUents.
JUDGMENT judgment against tiTiguished frolU IN PERSONAM. A

10 Mo. App.

a particular persoll, as dis· a juugment against a thing or a ri ght or status. Th e former class of judgments are conclusive only upon parties and pr i vi es ; the latter upon all tile world. :::;00 next title.
JUDGMENT IN REM.

JUDGMENT NlfJI. .At common law. this was a jl1Jgment entered on the return of the nisi p1'iu,� record. whi ch, accordin g to the terms of tile pos-tea, was to become absolute unless otherwise ordered by the court within the first four days of the next s ucceed i n g term . J U D G M E N T NOTE. A proruissory note, embodying an authorization to any at· torney. or to a deSignated attorney, or to the ho l der, or the clerk of tbe comt, to enter an appearance for the maker and confess a judg.

in rem is an adjuditation. pron o unced upon the :,·tatu,8 of some p articu lar subject-matter,

A Judg ment

by a trib u nal h a v ing competent antlwrity for that purpose. It differs from a judgment in

JUDGMENT PAPER

657

JUDICIA SUNT TANQUAM, ETC.

meot against him for a s u m therein named, upon detault of payment of the note. JUD G M E N T PAPER.

gether so as to constitute one s upre.me court

of judi cature. consi.!:lting of two div isions,­
ber m ajesty's high co urt of j u s ti ce, having

In English

practice.

A sheet of paper con taini ng an

ch iefly orig in a l j u ri sdi cti on ; and he r majesty' s court of appeal, whos e j urisdiction is chi efly
appel late. Judices non tenentur exprimere cau..

incipitur of the pleadings i n an actio)l a�
law, upon which final judgment is signed by
Ihe master.

2 Tidd. Pro 930.
RECORD.

JUDGMENT

In

English
in the

sam sententire

sure.

Jenk,

Cent.

75.

practice.

A parch m ent roll, OD w hich are
the whole
proceedings

Judges are not bo und to explain the reason of th eir sentence.
JUDICES ORDINARII. In the civil O rd in ary }udices,. the com m o n judices
and

transcribed

cause, dep osited ment.

treasury of the court. after

and filed of record in the sign ing of j udg·
In American

law.

3 Steph . Comm. 632.

appO i nted to try callses. fact. 3 Bl. Comm. 315.

who. according

practice, the record is signed, filed, and dock�
eted by the clerk. JUDGMENT ROLL. tice.

to Black stone. determ i ned only q uestions of

In English prac­

JUDICES PEDANEI. to try causes. JUDICES SELECTI.

In tlJe cl vil lnw.

A roll of parch ment containing the

The ordi nary judices appointed by the prootor

entries of the pmceedings i n an action at law to the entry of j u(lgrnent i ncl usi ve, and which is fi led i n the treasury of the court.

In the civil law.

1 Arch. Pro K. B. 227. 228; 2 Tidd. Pro 93l. See ROLL.
Judicandum est legibus, non exemp­ lis.

Select or selected judices or j u dges ; those who werB used in I!riminal canses, and be­ tween whom and modern jU1'OU:i many pOints of I'esemlllullce have been Comm . ;166.
Judici officium auum excectenti non paretur. .A. judge exceeding his office is n ot

noticed.

3 B1.

Jutlgruent is to be given according to 4 Coke. 33b; 4 Bl. COlll m. 405. In the civil and old E nglish

the laws. not according to examples 01' prece­

dents.

JUDICARE. law.

to be obeyed.

Jenk. Cent. p. 139. case 84.

'1'0 jlldge; to d eci de or detel'min� ju­

Said of v oid j u d g m 6nts. Judici satis poona est, quod Deum

dic ial ly ; to giv e judgment or sentellce.
JUDICATIO. ing
a

In tbe civil law.

Judg­

habet ultol'em.

It is p u n is hment enougo

ing; the pronouncing of sentence. after hear­
cause. Hallifax, Civil Law. b. 3. c.

for a j Udge that he bas God as his avenger.

8.

1 Leon. 295.
JUDICIA. Lnt. In Homan law. Judi­

no. 7.
JUDICA'rORES
DD

TERRARUM.

Per­

cial p roceedi n gs ; cnminal trials.

trials.

Judicia publica.

eons in the county pala ti ne of Chester, who.
a writ of error, were to consider of the jUd g ment given there. and reform it; ot her­

Di g . 48, 1.

Judicia in curia regis non adnihilen­ tur, sed stent in robore suo quousque pel' errorem aut attinctum adnullentur.

wise th ey forfeited £100 to the crown by
custom. Jenk. Cent. 71.

(ing's courts are not to be Jud gments in the l an n ih i lated , but to remain i n force until an­

JUDICATURE.

1. Tbo state or profes­

sion of those officers who are employed in atlministering justice ; the j u diciary. 2. A j ud icatory . tribunal, or court of jus­ tice.

nulled by error or attaint.
Judicia quam.

2 lnst. 539.
crebro

in

delibera tionibus

maturescunt, in accelerato pl'ocessu nun­ J uc1g ru ents frequently become mao tUred by deliberations, never by hurried cess 01' precipitation. Judicia tiora.

3. Jurisd iction; the right of j Udicial ac­
tion; the scope or extent of jurisdiction. JUDICATURE ·A C T S . Tbe statutes of 36 & 37 Vict. C. 66. and 38 & 39 Vict.
c.

K
l

Pl'o-

3 lnst. 210.
Bunt in lege. for-

posteriora

77, which went into force November 1.
a m endments

8 Coke. 97.

The later d€Jcision s are

1875, with

in

IH77.

c.

9;

the stronger in law. Judicia Bunt tanquam juris dicta, et pro veritate accipiuntur. received as tr uth. J u dgments are, as it w ere. the say ing s of t i l e la w. and are

1879, .c. 78 j and 1881, i IlJ por tant chan ges in

c. 68,-made most
the organization of,

Rnd methods (if proced ur e in, the superior
court s of E ngl and , consolldating them to�

M

2 Inst, 537.

AM.DICT, LAW-42

JUDICIAL
Judge ; as judicial autboriLy.
JUDICIAL.

658
I

JUDICIAL SEl'ARATION

Belonging to tbe olliee of a

ro w limits. with in

cise i s not subject to review.

which, h owe ver, its exer·

Relating to or connected with the adminis·

"Judicial discretion" means a discretion to be exercised in discerning the course prescribed by

tration of justice; as a judicial

officer.

legal procedurej as ajudicial nct.

Havin� th e c aracte r of judgm ent or formal

b

law.

26 Wend. 148.

Proceed i ng from a court of j ustice ; as a

judicial writ. ajudicial determination.
JUDICIAL ACTION. Action ofa court

in gs relating to litigation.

JUDICIAL

DOCUMENTS.

They are divided

Proceed·

depositions, examinatiolls, and inquisiLion8 taken i n the co u rse of a legal process ; incident to any j udicial proceedings. Sturkie, Ev. 252. writs, warrants. pl eadi ngs, etc., which are

in to (1) judgments, decrees, and verdicts; (2)

what shall be aujudged or decreed betwee n the pal'ties, and with which is the righ t of the case. 12 Pet.

upon a cause, by

h earing it.

and determining

(8)

See 1

718.
Acts requiri ng the

exerci se of some j udicial discretion. as dis·

JUDICIAL ACTS.

of Louisiana. or

JUDICIAL MORTGAGE.

The lien resulting from

In

the law

judg..

quire Don e.

tingui shed from ministerial acts, which r�

by default, whether final or provision al, in favor of the person obtaining them. Civil
Code La. art. 3321. JUDICIAL NOTICE.

ments. whether rendered on con tes ted cases

J U D I C I A L ADMISSIONS. sions made

pear of record in the proceedings of the court..

vol un tarily by a

party which ap­

Admis­

a court, in cond ucting a trial . or framing its

The act by whIch

decision , will. of its own motioH. and with· out lhe prod uctio n of evidence. recognize the

and authority appertaining to Lhe amce of a judge; ju risdict ion ; and

JUDICIAL AUTHORITY.

Tb e power

existence and

truth

of ce rtai n facts, baving

the o ffi cial right to hear de termine questions in contro versy.
COMMITTEE

a bearing on the controversy at bar, and the

which, from their nature, ara not properly

PRIVY COUNCIL.

referred to late

acts as the queen ' s advisl in matters of law 'f

by common n otoriety, e. g th e laws of th e state, inter­ tri bunal composed of members of the pri vy national law, historical events, the constitu· council, being j udges or retired j lIdges, which tion and cou rse of nature, main geogmph·
JUDICIAL

In

Englisb law.

OF THE

versa.l ly f<"garded as establis hed
.•

8ubjf>ct of

testimony. or which are uni·

A

ical features, etc.

it,

causes, though its power i n this respect was cu rtai led

jurisdIction,

and exercises a certain appel­ chiefly in eccl esias Li cai 1873.

by the j udicature act of

e xercise powers appropriate to a court. JUDICIAL POWER. The

whom is vested au thurity to deCide causes ur

JUDICIAL OFFICER.

A

person In

JUDICIAL CONFESSION. of evi dence. a pr iso n!:!f

A confession of gu i lt,

I n tbelaw

t h e d u e course of legal pro<:eediugs. 1 Greenl. Ev. § 216. JUDICIAL CONVENTIONS.

before a

magistrate, or ill court, i n

made by

vested in courts and judges. as distin guished from the executive and legislative power. JUDICIAL PROCEEDINGS.

au t hority

A gen·

eral term for proceedings rel ati n g to. prac· ticed in, or proceeding from , a court of jus· tice; or the course prescribed to be taken in tro versy or for legal redl't'ss or relIef. JUDICIAL SALE.
val'iolls cas�s for the detcl'Ininalion of a con­

der o( court; as, for example, entering

menls entered into in consequence of au or­

Agree­

into a

bond on taking out a writ of sequestration.

6 Mart. (N. S.) 494.
or dete rm inati ons of the judges in causes JUDICIAL DECISIONS. The opin ions

on e macle u nd er the process of a court hav i ng duly appOinted and commissioned to sell, as disti nguished (rom a sale by an owner in tue of compelent authority to order it, by
:m

A j udicial sale is

fore them. particularly in appeJ!ate courts.

be­

officer

ducrimination and opinion in deciding cer­ tain minor or collateral matters. is not arbi trary, but is This power within

confided to a j u d ge to exercise his indi vidual

JUDICIAL DISCRETION. Tb e power

hiS

right of property.

8 How.

vir· 495.

tion of man and wife by o ecree of court. less complele than (;ulled a "limited div orce. II
:1 n

JUDICIAL SEPARATION.

.A .epam·

absol ute di vorce j otherwise

confineu

nar-

JUDICIAL STATISTICS
JUDICIAL STATISTICS.
law.

65�

JUGE DE PAIX
JudiCiS officium est ut res, ita temp�ra

In English

tltatistics. published by authority, of

the civil tind criminal business of the United Kingdom. and matters appertai ning thereto.
Annual reports are published separately for

It is the duty of a judge to inquire into the times of things, as weP as rerum, qurerere.

into things themselves.
JUDICIUM.

Co. Litt. 171.

England and 'Vales, for Ireland, and for Scot,.. land.
JUDICIAL WRITS.

jurisdiction;

n

Lat. Judicial authority or court or triLunal; a. ju dicial

In English prac­

hearing or other proceedi ng; a verdict or jUdgment.
Judicium a. non BUO judioe datum nUllius est momenti . 10 Coke, 70. A j udg.

tice.

Such writs as issue under tile private

seal of the cOl1rts, and not under the great 8eal of England, and are tested or wi t nessed, noL in thA ldngla name, Lut in Lh� name of the chief j udge of the court out of which they issue.
The word "judicial" is used in

ment given by one who is not the proper j udge is of no force.
JUDICIUM CAPITALE . In old EngIlsh law. Judgment of death; capital j udgment. Fleta, lib. I, c. 39, § 2. Called, also, "judi. cium vita amissionis, " judgmeut of loss at lile. Id. lib. 2, c. I, § 5. JUDICIUM DEI. Lat. I old English n Hnd European law. The judgment of GOd; otherwise called "divinum judicltt,m," the "divine jUdgment. It A term particularly applied to the ordeals by fire or hot iron and

c()lltrad istinclion

to

"original;"

original

writs being such as issue out of chanc(:'ry

under the great scalf and are witnessed in the king's name. See S Bl. Comm. 282.

Pertaining or relat­ Ing to the courts of j ustice, to the j u dicial dt'partment of government, or to the admin· istrati on of justice.
JUDICIARY, n.

JUDICIARY, adj.

That branch of gov.

ern ment invested with the judicial power; the system of courts in a country; the body of judges; the bench.
JUDICIARY ACT.

water, and also to Lhe trials by the cross, the eucharist, and the corsned, and the duellum or trial by battle,

(g. tl.,)

it being supposed

that the interposition of heaven was dirl"ctly TiJe
n .. m e

common·

manifesL, i n these cases, i n behalf of Lhe in­ nocent. Spelman; Burrill.
J u d i C I u m est quasi juris dictum.

Iy given Lo the act of congress of September
24, 1789, (1 �t. at Large, 73,) by which the

IYldtem of federal courts was organized, and their powers and j u risdiction defined. Judiciis posterioribu8 fides est adhi· bend a. Faith or credit is to be given to the later jUdgments.

Judgment is, as it were, a declaration of law.
JudiCium non debet esse illus orium ;

suum effectum habere debet.

A judg­

13

Coke, 14.
A caution, or securi­

ment ought not to be illusory; it ought to have its proper effect. 2 lost. 341.
I n old English Judgment of the peers; jUdgment of one's peers; trial by jury. Magna Charta,

JUDICIO SISTI.

JUDICIUM PARIUM.

ty, given in Scotch courts for tbe defendant
to nbide judgment within the ju risdiction.

law.

SLim. Law Gloss.
Judicis

c . 29. JUdicium redditur in invitum. Co. Litt. 248b. Judgment is given agaiDst One, whether he will or not.
Judicium (semper) pro veritate aooi· pitur. A

est in pronuntIando sequl
non probata.

regulam, exceptione

The

judge in his decision ought to follow the rule, when the exception is not proved.
Judicis est judicare secun dum allegata

judgment is always taken for 2 lnst. 380; Co. A wate'7

.t probate..

Dyer, 12.

It is the duty 01 a

truth, [that is. as long as it stands in force it cannot be contradicted.] LiLt. 39a, 168a.
JUG.
In old English law.

K L

judge to decide according to facts alleged and proved.
Judiois est jus dioere, non dare.

It is

the province ot a judge to declare the law, nol to give it. Lofft, Append. 42. est opus diel in die It is the duty of a judge to

plnce.

Domesday; Cowell.
I n French law.

JUGE.

.A judge.

Judicis officium BUO perflcere.

finish the work of each day within that day. Dyer, 12.

JUGE DE PAlX. In French law. .An inferior judicial functionary. appointed to d� cide summarily controversies of minor im.

M

porlance, especially such

88

t�ru malnly OD

JUGERUM -1uesLions or fact.

060
JUNCARIA.

JUNTA In old English law. Co. Lilt.

He has also tho functions
Fer d�re.

of a police magi strate. JUGERUM. In on6 day.

soil where rushes grow. As

The Sa; Cow·
A

An acre.

Co. Litt . 5b.

011. J u n c t a. juvant.
gulaJuncta juvant. " 3 Man. United they aid. portion of the maxim, " {JlU.e non taleant fin­

much as a yoke 'Jugum) of oxen co uld plow

J U G E S D ' I N S T R U C T I O N. In French law. Officers subject to the P1'OCl/.­ reu.r im phial or g&n�1'alt who recei va in case�
of crim i nal offenses the complaints of the

(g. 'D.,) frequen tly cited.
In old En·

& G. 99.
To joi n the dueUum; to engage
Fleta, lib. You nger.

JUNGERE DUELLUM. glish law . in the combat. JUNIOR.

pa rties injured, and who summon and exam..
ine witnesses upo n oath, and, after commu­

I, c. 21, § 10.
This has been

nication with the procu1'eur imp/1·ial. draw up the forms of llccusation. the righ t, They have also

to be no part of a man's name , but an

held addi·

t ion by use, and a. convenient distinction be-­

s u bject to t.he approval of the same superior oOicer, to aumit the accu sed to bail.
' rhey are ap poi nted for three years, but are re-eligi ble for a further period of office. judges. Brown. In old re cords. Cowell. A yoke; a A cut­ They

tween a father and son of t he

same name.
A barrister Also the

10 Paige, 170; 7 Johus. 549; 2 Caines, 164. JUNIOR BARRISTER.

are usually chosen trom amollg the r egular

u nder the rank of queen's counsef. side in a case. Mozley ..% \ hi tl ey. V T he

junior of two co nnsel employed on the same

JUGULATOR. throat or rnurt.lerer. JUGUM.

JUNIOR COUNSEL.

younger 01

In the ci vil Jaw.

the counsel employed o n the same side of a case, or the one lower in stand. i ng or rank , or who is lntru s�ed with the less i m portant parts of the p reparation or trial of Lhe cause. JUN lOR CREDITOR. One whose

meaSure of land ; as much land as a yoke of
oxen could plow ill a day.

Nov. 17. c.

S.

JUGUM TERRlE.

In old English law. Doules�

A yok e of la nd ; half a plo w-land.

day; Co. LiLt. Sa; Cowell. J U I C I O.

claim or demand accrued at a date posterior to that of a claim or demand held by a.nother
c redi tor.

su i t.

In .span ish law.

A trial or tit. 4, c. 1.

' ''liite, New Recap. b.

3,

JUNIOR

EXECUTION.

O ne

which

J U I C I O DE APEO. The decree of
Il

In Spanish law.

w as issued after the issuancE' of another exe­ c uti on. on 8 dllIel'ent judgment, against the

co m pete nt trib un al di rect ing

the determ i n i n g and mark ing the boundarie� of lands or estales. JUICIO DE CONCURSO DE ACREE· DaRES. In Spanish law. T h e j udgm ent granLed for a debtor who has va r io us cred� �tors. or for su ch creditors, tIJ the effect that.

sam e defen dant. JUNIOR JUDGMENT. One
which was r endered or entered after the rend i tion

or e ntry or another judgment. on a di fferent claim, against the same defendant. JUNIOR WRIT. or comes to the One which is issued,

satislled according to their respective form and l'ank, when the debtor's esLate is noL s ufficient to discharge them aU
their clai ms be in full. Escriche.

officer's hands, at a later Lime

than a similar wri t . at the suit of another party, or on a different claim, again st the same defendant.

JUMEN T� In old S cotch la w. used for tillage. 89.

An ox

JUNIPERUS j urisprudence. " savin. " JUNK·SHOP.

SABINA.

In

medical

1 Pitc. Crim. Te. pt. 2, p.

This pl ant is commonly caUed A shop where old cord·

JUMENTA. In the civil law. Beast. of burden ; animals used for carrying bur­ dens. This word did not include " oxen." Dig. 32, 65, 5. JUMP BAIL. To

age and ships'

tnckle. old i ron. rags, bottles,

pape r, etc., are k ept and sold . Hich. Law, 470. JUNTA, or JUNTO.

.A place

where

odlls and ends are p urcha sed and sold.

12

abscond, withdraw,
The expression is

or

secrete one'6 self, in violation of the obli­

A select council

gation of a bail-Londo
tbe princilJal .

for.taki n g cognizance of affairs of gre at coo­ sequence r equ iring secrecy ; a cabal or fac­ t.ion. This was a popular nickname applied

coll oq uial. and is applied only to the act of
_

JURA

661

JURA-MENTUM IN LITEM
JURA RERUM. Rights of things; the

to the Whig mln.i8try i n .England. between

IG93--1696. They cluug toeach othel' for mut;...

rights of things ; rights which a man may acquire over external objects or things unconnected with his person. 1 Bl. Comru. 122 ;

ual proteclion against the attacks of the 80called " Heactionist Stuart Party. " JURA. See Jus. Rights; laws. 1 BI. Co <o m. 123.

2

Bl. Comm. 1 -

Jura sanguinis nullo jure civili dirimi possunt

Jura ecclesiastics. limitate. Bunt infra , limites separatos,

Ecclesiastical laws are 3 B ui st. 53. within separate bounds. limited
Jura eedem modo destituuntur quo

cannot be destroyed by a.ny civil law.

.

The right of blood and kindred Dig

50. 17. 9 ; Bac. Max. reg. 11 ; Broom. Max 2 ; 533 14 Allen, 56 . JURA SUMMI IMPERII. Rights of 1 or supreme dominion; rights of sovereignty.
Bl. Comm. 49; 1 Kent, Comm. 211.

constituuntur. m&de.

Laws are abrog ated by the by which they are

.ame means [anthority]
Broom, MIIX. 878 FISCALIA . JURA

In

' E n gllsl1

law

JURAL.

1. Pertaining to

natural

Fiscal rights ; rights of the exchequer. . Coru m. 45 JURA IN RE.

3 B 1.

positive right, or to the doctrines of rights and ouligati onsj as "jural relations. n ristie; juridical. 2. Of or pertaining to jurisprudence; ju3. Uecogn ized or sanctioned by positive Thus,

In the civil law. Rights

In a thing; rights which. bf' i ng

st>�arated

from the dominiu.m, or right 01' property, exist independently of it, and ure enjoyed by lome other person than him who has the dominium..

la w ; em1)raced wiLhin, or covered by. the
rules and enactments of positive law. tbe " jural sphere" is to be distinguished

Mackeld. H.om. Law, § 237.

from the "moral sphere ;" the latter denoting the whole scope or range of ethics or t.he !science of conduct, the fOflller embracing
. only such portions of the same as have been

JURA MIXTI DOMINII. In old En'sh law. Rights of mixed dominion. The gll king's right or power of jurisdiction was 80 termed. llale,

Anal. § 6.
sunt immutabilia.

made the subject of legal sanction or recogniUon. 4. Founded in law; organized upon the recognition and protection of rights.
.15

Jura. naturre

The

laws of nature are unchangeable.

Branch,

basis of a fundamelltal law, and existing for

Prine.
JURA PERSONARUM. Bons; the right.'J of persons. concern and are annexed to ruen. 1 Bl. Corum. 122. In the civil law. Dig. 50, 16, Rights of per­ nights which

the

Thus, the term community . "

" ju r

al socit·ty" is used

the

synonym of "state" or "organized political

the persons of

JURAMENTlE CORPORALES. poral oaths,

Cor­

JURA PRlEDIORUM. The rights of estates.
Jura publica

(g. �.)

86.
privatis.

JURAMENTUM. Lat. In the civll law.

anteferenda

An oath.
JURAMENTUM CALUMNIlE. In tbe civil and canon law. IlS a The oath of calumny. An oath imposed upon both parties to a s u i t.

Public rights

are

to be preferred t.o private.

r Litt. 130a. Al.

Applied to protections.

Jura publioa. ex privato miscue decldi non debent.

[privatis] pro·
Public rights

preli m i n ary

to its trial, to the effect that

ought

not to be

decided promiscuously with
ISH.

they are not influenced by malice or

any sin·

private.

00. T iLt. 130a. ...

i:ster motives in prosecuting or defend i n g the same, but by a belief in the justice of their cause. It was also required of the attorneys

J U R A REGALIA.

In

English

law.

K

Royal rights or priv ileges.
119; 3 B1. Comm. 44. JURA REGIA.
Coa:. Law. 174.

1 BI. Colum. 117,

and proctors.
JUramentum est indiv1sibile ; et non parte verum at in is

In English law.

Royal

est admittendum in parte falsuro.

rights ; the prerogatives ot the crown. Crabb,

An oath is indh'isible: i t

l

not to be held partly true and partly false. Inst. 274. JURAMENTUM IN LITEM. civil Jaw. An assessment

4

Jura regis speciaUa non conceduntur pDr generalia verba.

The special rights of

In the oatb

the king are not granted by general

words.

oat.h ; an

Jenk. Cent. p. 103.

M

taken by Liw plaintiff i n an action, that the

JURAllEN'l'Uhl JU DICIALE

662

JURE UXORIS JURATOR. A juror;

extent of the damag es h e bas suffered. estI· mated in money, amounts to a certain sum, which oa th , in certain cases, is accepted in lien of otber proof. Mackeld. Rom. Law,

a comp urgatm.

( g• •• )
Juratores debent esse vicini, sufBoi. entes, at minus suspecti. Ju rors ou ghU o be neighbors, of sufficient estate, and

§ 376.
JURAMENTUM JUDICIALE. civil lilw. In the

free

An oath which the judge, of bis
First, that whic h the

from s uspicion. ' Jenk. Cent. 141. Juratores Bunt judices f acti. Jeu.

o w n accord, defers to eiLlier of the parties. It is of two kinds: judge defers for the decision of tbe cause, and which is understood by the gen eral name
UjU1'atnelltum judiciale, " and is sometimes

Cent. 61.

Juries are the judges of fact.
CAUTION. of caution

JURATORY law.

In Scotch

A descri pti on

(security)
in clr.
Bell.

c?lled " s uppletory oath, " jU1'amentum sup­
plelorium,' second,

sometimes oiIl'l'ed in a suspen!:'ion o r advo. cation where the complainer is noL cumstances to offer any better.

that wbich the judge de­

fers i n order to llx and determine the amount of the condemnation whicb he o ught to pro-­ nou nce, and which is called "ju1'amentum in
litem.

.

JURATS . In Engli.h law. Officers 1. tbe nature of aldermen , sworn for the govern­ ment of many corporation s. " j urats. " JURE. law. JURE BELLI. war. By the right or Lat. By right; In right; by tho The twelve
as-­

.

Poth.

0 bl. p. 4. c. 3. § 3. art. S.
A compulsory oath. A dis­

a iatanta of the bailiff in Jersey are called

JURAMENTUM NECESSARIUM. In Roman law.
clos l1re under oath, which the prretor com­

pel!ed one of the parties to a suit to make. when the other, applying for such an arpeal . agreed to abide by swear.

what his ad versa ry should
VOLUNTARIUM. A spe.­

law ot

1 Whart. Ev. § 458 ; Dig. 12. 2. 5. 2. · 289.

1 Kent. Comm. 126; 1 C. Rob. Adm.
By th e civil

JURAMENTUM In Homan law. the partit's to
a

JURE CIVILI.

law. Inst.

A voluntary oatil.

1.

3. 4; 1 BI. Corom. 423.
JURE CORONlEo In right of the crown. JURE DIVINO. By di vine

cies of appeal to consc ien ce, by which

one of

suit, instead of proving his

case, ofier<'d to abide by wh at his adversary should answer u nder oalh.

1 ' Vhart. Ev.

right.

1

§ 458; Dig. 12. 2. 34. 6.
JURARE. To swear; to take an o'lth.

BI. Comm. 191. JURE church . ECCLESllE. In right

of tho

1 B1. Comm. 40l.

Jurare est J;)eum in testem vocare, et est actus divini cultUB. swear of religion. JURAT. The clause written at the foot

iJ lnst. 165.
is an

To

JURE EMPHYTEUTICO. By the right or law of emph.yteusts. See EMPnYTEUSIS. JURE GENTIUM. tions. By the law of na­

is to call God to witness, and

act

S BI. Comm. 232.

of an affidavit, stating when. where. and be­ fore whom auch affidavit was s worn. JURATA. In old English law. A jury

lnst. 1, 3. 4 ; 1 BJ. Comm. 423.

Jure naturoo requum est neminem oum slteriua detrimento et injuria. flerl 1ocu.. pletiorem. By the law of n ature

of twelve men sworn.
Q,8sisa.

Especially, a jury of

it is no&

the common law, as disti nguished from the The jury clause

j list that any one suould be enriched by the detriment or injury of another. Dig. 50, 17,

in a nut priu8 record,

80

206.
JURE PROPINQUITATIS. of propinquity or n earness. Prop. p. 1019. § 2398. JURE REPRE SENTATIONIS. B y By righl

calJed from the emphati c words of the old

forma :

"J'l.trata ponttur _respectum , " the

2 Crabb, Ueal

jury is p u t in respite. Also a jurat.

Townsh. P.L 487.

( which .... )
The acl of ...earIng ; the

JURATION.

right of representation i in the right of a D­ other pers on . 2 ill. ComID. 224, 517i Reel Prop. p. 1019. § 2398. JURE UXORIS. BL Comm. 210. In right of a wife.

admhtistration of an oath. Jurato creditur in judicio. makes oath is He who

2 Crabb, 8

to be helieved In jUdgment.

S

In.t. 79.

JURI NON EST CONSONUM, ETC,

663

JURISDICTION CLAUSE

Juri DOD est CODsonum quod aliqui� accessorius in curia regis convincatur
acto fuerit attin c antequ am aliquis de f
tus.
·

least in their o w n use, are common to all the king's s u bjects; as common highways, com� m o n bridgfts, common rivers, and commOD ports. Hale, Aual.

It is not cODsonant to justice that any accessary should be convicted i n the king'B court before any one has been attainted of tbe fact. 2 lllst. 183.
.

§

23. In Eoglish law. An

JURIS UTRUM.

abolished writ. which lay for the parson of a church whose predecessor had alienated the lands and tenements thereof. Brev. 48.
JURISCONSULT.

JURIDICAL. Uelating to administration
of justice, or office of a judge.

l!'itzh. Nat.

Hegu!lIr; done in conformity to the laws of the country and the practice which is there
observed.

A jurist; a person

skilled in the science of law, particularly of international or public law. Lat. In Roman

JURIDICAL DAYS.

Days in conrt on Relating to the

which the laws are administered.

JURISCONSULTUS.

J U R I D I e U S.
juridical; lawful.
a

Lat.

law.

An expert in j uridical science; a person

courts or to the adminisLration of justice;

thoroughly versed in t.he laws, who was ha­ bitually resorted to. for information and ad­ vice. both by private persons as his clients. and also by the magistrates, advocates, and others employed i n administering justice.
Jurisdictio
est

Dies jU1'idicus. a lawful

day for tbe transaction of business in courtj day on which the courts are open.
JURIS.

Lat.

Of right; of Jaw.

potestas de publico in­

Juris affectus in executione consistit.

troducta, cum necessitate juris dicendi.

The effect of th� law consists in t.he execution.

Jurisdiction is a power i ntroduced for the public good, on accuunt of the necessity of dispensing justice. 10 Coke, 73a.

Co. Litt. 289b.
JURIS ET DE JURE.

Of Jaw and of

A presumption jlwis et de jure, or an irrebuttable presumption, is one wilich the law will not suffer to be rebutted by any Bivej while a presumption jnri.'S tantum i3 one which holds good in the absence of evi­ dence to the contrary. but may be rebutted.
JURIS ET SEISINlE CONJUNCTIO.

right.

JURISDICTION. The power and au­ th ority constitutionally conferred upon (or

constitutionally recognized as exist.ing in) a court or judge to pronounce the sentence of the law, or to award the remedies provided by law. upon a state of facts, proved or au­ mitled, referred to the tribunal for decision, and authorized by law to be the suuject of inVestigation or action by that tribunal. and i n favor of or against persons (or a 1'es) who present themselves, or who are brought. be­ fore the court i n some manner sanctioned by law as proper and sutlicieut. 1 Black. Judgm.

counter-evidence, but establishes as

cODelu­

The union of BC'isin or posseSSion and the right of possession, forming a complete title. 2 Bl. Comm. 199, 311.
Juris ignorantia est cum jus nostrum ignoramus.

It is ignorance of Lhe law when 9 Pick. 130. Of positive J a w ; a

§ 215.
Ju risdiction is a power constitutionally conferred upon a judge or magistrate to take cognizance of and determine causes according to law, and to carry his sentence into execu­ tion. 6 Pet. 591; 9 Johns. 239;

we do not know our own rights.

JURIS POSITIVI.

reg�tlation or requirement of positive law. as distinguished from natural or divine law. 1

Dl. Comm. 439j 2 Steph. Corom. 286.
Juris prrecept a aunt hrec : Honeste vi­ vere ; alteru m non lredere ; auum cuique tribuere.

2

Neb. 135.

These are the precepts of the law: lnst. I, 1. 3; 1 131. Of private right;

Tbe authority of a court as distinguished from the other departments ; judicial power considered with reference·to its scope and extent as respects the questions and persons subject to itj power given by law to hear and decide controversies. Abbott. Jurisdiction is the power to hear and determine the subject-matter in controversy between parties to the suit ; to adjudicate or exercise any judicial. power over them. 12 Pet. 657, 717. Jurisdiction is the power to hear and determin", So cause; the authority by which judicial office"" take cognizance of aod decide causes. 4:3 Tex. 440.

K L

To live honorably; to hurt nobody; to render to every one his due. Comm. 40. Bubjects of private property.
JURlS PRIVATI.

Hale. Anal.

§ 23.
JURIS PUBLICI.

Of common right;

JURISDICTION CLAUSE.

In equity

.of common or public use; such things as, at

practice.

That part of a bill whicl1 is ip·

JUmSDICTlONAL tended to give jurisdiction court. by

66.
Jurisprudentia glire est

JURY
legis oommunis An­ at copias&.

of t he suit to tho a general av e rm ent that the act s com plai ned of are con trary to equity, and tend to the injury of the complainant, and tbat he bas no remedy. or not a comp l ete
remedy. w ithout the ass i s ta n ce of a court of eq ui ty, is called the "j u risdict io n clause."
MiLt. Eq.

scientia
a

sooialis

The jurisprudence at the co m m o n

law ot

England is
si ve.

sc i e n ce social and cowpreben·

7 Coke, 28a.
O ne who is versed or skilled

JURIST.

Pl. 43.

i n law ; answering to the Lati n

"jurisper�
la w

itus,lI (g. '0.)
One who i s s k i lled in the

JURISDICTIONAL. Pertai ning or re­ lating to j u risdiction; confer ri n g j u ri:;dic­

civil law, or

of nations.

The term

is

now us ually appli ed

tion; sho w i ng or disclosing jur is d ic t io n : de­ fi n i n g or l im iti ng jurisdiction ; esse li Lial to
jurisdiction. JURISINCEPTOR. civil law. JURISPERITUS.
the law.

to those who h ave di stin g u i sb ed themselves

by their writings on legal SUbjects.
JURISTIC. Per tai n i ng or belong i ng to. o r characteristic of, j u rispr udence, or a ju.
ri st , or the l egal professi on.

A student of the

Skilled or learned i n

JURISTIC ACT. a It>gal

One desi g n ed to bave
thereof .

effect, and capa b le

JURISPRUDENCE.

The philosophy ot

JURNEDUM.

In old English law. Cowell.

A

law, or the science which treats of t. h e prin­

journey; a day's traveling.
JURO.

ciples of positive law and legal relation s .
"Tbe term is wrollgly applied t.o actual sys­ tems of law, or to current views of law, science,
01'

In Spanish la w.

.A certain per�
011

to sug­

petual penSion, granted by the king on the public revenues, aud IUl)re especially
salt�works. by favor. the

gestions fOI' its amendment, but is Lbo name of a Tbis science is a formal, or analytical,
B

either

in consid eration

ratber than

material, one.
I

It is the scionce of

actual or positive law. ' general' and and

It is wrongly divided inLo
philosophical

of m e rito ri ous services, or i n return for money loanetl the government, or ohtained 'by it

particular,' or into

,

historical.'

It may therefore be defined as Boll. Jur. 12.

through forced loans.
JUROR.

Escriche.

the formal science of positive law. "

In the proper sense of the word, "j urisprudence " Is the science of law, namely, tbat soience wbich has for its function to ascertain the prinCiples on which legal rules are based, so as not only to clas­ sify those rules in thei r proper order, and show the relation in which they stand to one another, but also to settle the manner in which new or doubt­ ful cases should be brought uuder the appropriate rules, terial Jurisprudence is more a formal than science. It bus
lL ma­

O n e member of a j ury .

Some­

ti m es, one who takes an oath ; as in the term
" n on-ju ror , " a person who refuses certaill

oat.hs.
JUROR'S BOOR. A lis t of pereons
q uali fied to ser ve on juries.

JURY

In practice.

A

certai n number

no direct concern with

qUCSLious or moral or pOlitical policy, for they fall
unuer the province of ethics and legislation; but, when a new or doubtful case arises to which two di.IIel'ent rules seem, when taken literally, to be equally applicable, it may be, and often is, the function of jurisprudence to coosider the ultimate effect which would be produced if each rule were applied to an indefinite number at similar cases, nnd to choo!'.8 that rule which, when so applied, will produce the greatest advantage to the com­ munity. Sweet.

of men, selected according to law, a nd

sworn

(ili/raU)

to in qu i re of certain m atters of fact,

and dec lare the tr uth upon evidence to be
laid before thel ll .

This definition embraces

the various s ulJdi visions of j u ries; as grand corone1" s jw·y.

jury. pctitju,T'!J. (:omm(m jU1'U. special jury. slHJ1·iU·'s ;j'ury. ( g. v.)
.A. j u ry is a body of men te mporarily selected

from the ci t izens of a f.lUrLitular district, alld

Invested with power Lo present or indict a
In the ch'U and

JURISPRUDENTIA.

pers un for a public

off ens e .

or to try a qu es­

COUl mon science.

law.

Jurisprudence,

or

legal

tion ot fact.

Code Ci vil Proc.

Cal. § 190.

The terms "jury" and "trial by jury, " as used ill the constitution, mean twelve competent men, di!i interosted and impartia.l, not of kin, nor personal dependents of eithor of tho parties, having their homes witbin the jurisdicLional limits of the court, drawn and selected by officers free from all bias in favor of or against eithor party, duly impaneled and sworn to render
a

Jurisprudentia est diVlnarum injusti scientia..

atque

humanarum rerum notitia, justi atque
" Jurisprudence" is the knowl�dge of things di vi ne and human.

th e

science of wlmt i8 right and what is wrong. D i g. 1. 1, 10, 2 ; Inst. 1 , 1, 1 . �his defi n i­ tion is adovted by Bractvll, woru for word. Eract. fo1. 3.

true verdict according to

the law and the evidence,

11 Nev. B\}.

.A

grand

jury is

a

body of men, (tm)l ....e to

twenty-tliree in numlJer.) retu rned in pursu�

JURY

665

JUS ACCRESCENDI

IDee of law, from the citizens of a county, or �ity and coullLy, before a court of competent jurisilictioD, and sworn to inquire of public offenses committed or triable within Lhe county, or city and counly. Code Civil P]'oc.

human history or conduct or social develop­ ment, which we call, in a general sense, lithe law. " of a Or it mrans lhe law taken 38 a sys­ n umber of Or it i n d i v idual laws may designate taken to­ some one tem, an agg-rrg at('. a whol e ; "the sum total gether. "

Cal. § 192.

A trIal jury is 8 body of men returned from

particular system or body of particular la ws i as in the phrases

the citizens of a particular district before a court or officer of competent ju risdi ction. and sworn

to try and determino. by verdict, a
Code Civil rroe. Cal. In practice.

"jus civile." "jus gentium," "jus p'Nl.!torium." lIa 2. In a second sense, "jus" signifies

question of fact.

� 193.

righti" that is, a power, privilege. faculty. or demand inherent in one person and inci. dent upon another;

JURY- BOX.

rl'he place in

court (strictly an inclosed p l ace) whero the j u ry sit during the trial of a cause. Pro K. B. 208; 1 Burrill, Pro 455.

or a capacity residing

1 Archb.

in one person of eontrolling, with t h e assent ;.\nd assistance of the state. the actions of another. sious This is its meaning in the expres·

JURY COMMISSIONER.

charged with lhe duty of selecting the names to be put into the j u ry wheel. or of drawing the panel court.

"Jus in nnn, " "jus acc1·escendi. " "jtu An officer possessionis. "
It is thus seen to possess the salle am� bigu ity as the words "rigllL, " (which see.) The continen tal j u rists seek to avoid this ambiguity ill the use of the word

of jurors for a particular term of
A paper containing the

"droit, " "recht," and

JURY·LIST.

"jus, " by
Thus

names of jurors i mpaneled to try a callse, or it cont;..1ins the names of all the j u rors sum­ moned to attend court.

calling its former Signi fication "objective," amI the latter meaning "subjective." Mackeldey (Hom. Law,

§ 2 ) says:

" The law.

JURY

OF MATRONS.

In

common­

of the fir!)t kind [compulsory or positive laws] form law

Jaw practice.

.A. jury of twelve matrons or

discreet women, impaneled

upon a writ de t:ent?'e illspiciendo, or where a female Ill'is­

[Jus] in its objective sense, [Jus est norma agendi. Jaw is a rule of conduct.]

The possibIlity resulting from law i n Lhis sellse to do or require another to do is law in its sUbJecLi ve sellse,

oner, being under sentence of death. pleaded her pregnancy as a grollnd for staying eX(:lC u· tion. In t h e latter case, sllch jury inquired ioto the truth of the plea.

(jus est facultas agendt,
The voJuntary ac­

law is a license to act.] of law is called
j

tion of man i n conformity with the precepts justice,'

[justitia.]"
Or, rather. those

JURY PROCESS.
8

The process by which

Some further meanings of the word are: An action. Bract. fol. 3. conducted before the prretor. Pow{ or authority. ·r own proceedings in the Homan action which were

jury is summoned in a cause, and by which

their at,tcndance is enforced ,

Sui :juris, in one's Inst. 1. 8, pro i &lienl juris, under another's grand and petit jurors, froill Which, in an Bract. fol. 3. lost. 1. 8, pr. ordel determined by the hazard of ils revolLl­ power. The p rofessi on (aI's) or practice of the law. tions, are drawn a s nUi ci en t D u mher of such Bract. fol. 2b. nawt.!s to make up th� panels [or a gh'en Jus ponitur pro iplJa m·te. A court or jUdicial tribunal, (locus in quo terw of court. TeddituT jt".) Id. fo!. 3.
JURY WHEEL.
the names of persons qualified to sl.'l've as .A machine containin g

power; independent.

JURYMAN.

A juror; one who is 1m·

palleled on a j u·ry.

JUS ABUTENDI.
One member of

The rigllt to abu.e.

JURYWOMAN.

a jury Ry this phmse is understood the right to lio
full dominion no. over property.

of matrous, (q. t).)
JUS.
Lat. In Romall law.

f'xac:Uy as one likes with property, or having

tice ; law; the whole body of la w ; also a rigilt.
The term is used in two meanings:

Bight; j u s­

3 Toullier,

80.
ACCRESCENDI.
The right The right ot

l

JUS

1. "Jus" means "law. " considered in the
abstract; that is, as disti nguislled from any specific enactment. tho science or J.epartml'ut of learu�ng, or

survivorship.

of the survivor

or survivors of two or more joint tenants to
tile tenancy or estate, upon the death of one or more of the joint tenants.

quasi personified factor in

M

JUS ACCllESCENDJ
Ju 9 pro accre::Jcendi inter beneficio commercii, locum

666
JUS nOD

JUS CrvILE
ALBINATUS.

mercatores,

The

droit d'al,.

baine,

(q. tI.)

See

ALBINATTTS

Jus.

habet. Tbe right of survi vorship has no place between merchants, for the benefit of commerce. Co. Litt. 182a; 2 Story, Eq. Jur. § 1207; nroom, Max. 455. There is no sur­ vh'orship in cases o f partnership, as there is in jOint-tenancy. Story. 1'arto. § 9U.
Jus accrescendi prrefertur oneribus.

JUS ANGLORUM.

The law, and cu�

toms of the West Saxons, i n the time o[ the Hevtarchy. by which the people were for a long time governed, and Which were preferred before all others. 'Yharton.
JUS AQUlEDUCTUS. In the cIvil law. The name of a servi tu de which gives to the owner of land the right to uring down water through or from the land of another. JUS BANCI. In old Engli.h law. The right of be n ch. The right or privilege ot having an elevated and separate seat ofjudy· m.ent, anciently allowed only to the king s judges, who hpnce were said to administer high justice, (sum1n(�m administrant justi­
'

Tho right of s urv iv orship is preferred to in­ cUlilurances. Co. Litt. 185a. lIeu<:6 no dower or curtesy can be claimed out of a joint estate. 1 Steph. Comm. 310.
JUB accrescendi prrefertur ultimre vol­ untati. ' ile right of survivorship is prefer re d f to the last will. Co. Lilt. IB5b. A devise of anels share of a jOint etltate, uy w i ll, is no severance of lhe joinLnre; for 110 testamcut takes effect till after the death of the testator, and by such death tlle right of the su rvivor (which accrued at the original creation of the estate, ano has therefore a priority to the othE'r) is already vested. 2 Bl. Comm. I86 j 8 S teph. Comm. 316. JUS AD REM. A term of the ci v il law. meaning "a right to a thing ; " that is, a right exercisable by olle person over a particular art.icle of property in virtue of a contract or obliga.tion i n cu rretl by another person ill re­ spect to it, and which is enforceable only against or through such ot.her perso n . It is thus disting uished from jus in re, wbicli is a complete and absolute dominion over a thing available against all persons.
The disposiLion of modorn writers Is t use the o

tiam.)

Blount.

JUS BELLI. The law of war. Th e law o f nalions as applied to a state of war, defi n­ ing in panicular the rights and duties of the belligerent powers themselves, and of neutral nations. The right of war; that which may be done without injustice with regard to an enemy. Gro. de J nre B. lib. 1. c. 1. § 3. JUS BELLUM DICENDI.

Tbe

righl

of vroclaiming war.
JUS CANONICUM.

The canon law.

term "jU8
a

out possession! and "11(8 l.n 1'e "

ad. nm"

as descriptive of
as

a. righL with­ descriptive of

right accompanhild by possession.
rig ht

Or, In a some­
a.

what wider sense, the formel' denotes an inchoate or incoDlI>lete to a thing; the latter,
8

com­

plete and perfect ri.iht to

thing,

JUS CrvILE. Civil law. Tbe system of law peculiar to one state or people. lnst. 1. 2, 1. l'arti c ularly. in Romau law, the civil law of the Ellman people. as distin­ guished from the jus genti,ttm. The term is also applied to the uorly of law called, em­ phatically. the " civil law."
The jlls cLvile and the guisbed in this way.

jus gentium a.re difltin­

A right to a thing. An inchoate and imperrect right, such as is gained by nomination and institution ; as distin­ guished from jus in ref or complete and full right, such as is acquired by corporal posses­ .ion. 2 B1. Comm. 312. A body of laws drawn up by Sextus lEl i us , and consisting of three parts. wherein �ere explained, respect ively: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon stich laws; and (3) the forms of procedure. In date, it was subsequent to t h eius Flavianum, (q. �.) Brown.
JUS lESNECIlE. JUS lELIANUM.

In canon law.

All people ruled by statutes and customs use a law partly peculiar to them­ selves, partly common to all men. The law each
people has settled for itself is peculiar to the state itself, and is called "jU8 civile. " as being peculiar

1.0 thn.t very sta.te.

The law, again, tha.t natural

reason bas settled among all men,-tbe Jaw that i8 guarded among aU peoples quite alike,-ia called tbe

<tjm oentium, 71 and all

nations use it as if la

w

.

The Roman people, therefore, use a law that is partly peculiar to itself, partly common to all men. Hunter, Rom, Law, 38. But this is not the ooly, or even the general, use of the words. Wbat the Roman jurists had chief­ ly in view, when they spoke of

"ju8 civiLe, " was

not local as opposed to cosmopolitan law} but tho old law ot the city as contrasted with the newer law introduced by the prretor,

The right of primo­

geniture. (q

)

(jus prretor£um, jU8 honorartum.) Largely, no doubt., the j1L8 gen.­ tium corresponds with the jus p1'retorf,um; but
t.he correspondence is not perfect..

ld. SIl.

JUS

CIVILE, ETC.

667

JUS FIDUCLl.mUM
JUS DEVOLUTUM. The rig ht of the

Jua civile est quod sibi populus con� stituit.

The cid! law is what a

peopl e es­

church of presen ting a m i n ister to a vacant pi.lrish, i n case the pa.tron shall neglect to ex­
e rcise

tablishes for itself. 424, 426.

Inst. 1, 2. 1; 1 Joh ns.

his right within the time limited by

JUS CIVITATUS.

Tbe rigbt of citizen­

law.
JUS DICERE. say wb<lt the la w is. or j udge. 2 To declare the ]a w; to '.rbe provinceof a court

ship; Lile freedom of the city of B.QIne. dilTers from Jus quiritium, wbich

It

compre­

bended aU
Home.
wi th us.

the privileges of a free oati ve of

The di fferl'nce is much the Sitme as \Vbal'ton.
In

Eden. 29; 3 P. WillS. 485.
The right of dis­

between "denization" and " naturalization"

JUS DISPONENDI.
posi ng.

An exp ress ion

used

either gen eral­

JUS CLOAClE.

the

civil law.

The

right of sewerage or dra in age.

An easeme n t the

ly to signify the right of alif'uaLion, as when we speal{ of depriving a married woma n of the ius di�ponelldi o ver her sepamte estato. or specia lly i n the law rela ting to sales of goods, where it is

consisting in the r ight of IJaving a sewer, or
at con d u cting surface water, thro u gh

bouse or OVf:r the ground of onl;!'s ne ighbor. Mac\,eld. ROIll .

often a qu estion

whether

Law. �

317.
In the civil law.

the vendor of goods hilS the intention of re­ · ponendi ; i. e., serving to himself th e ;us dis of preventing the ownerShip from passing

JUS COMMUNE.

Common right; th e common and natural rule of righ t as opposed Lo jus si11gulare, (g. v.)
,

to

the p urchaser. notWiths tan ding that Sweet.

be

(the

vendor) bas parted. with the possession

Mackeld. Hom. Law,
In English law.

§

196.

of the goods.

The common la w. an­

Iwering to the Saxon "f olc-right. II Comm . 67.
Jus constitui aport-at in plurimum accidunt his

1 ill.

JUS DIVIDENDI. Ing of realty by will.

The right 01 dispos­

D u Cange. A double right;

qure ut ex
a

JUS DUPLICATUM.

non qure

ino­

the right of possession un ited with the right of property ; ot.herwise called " d1·oit.d1·0it." 2

pinata.

Laws ought to be made wit h

vi e w

t those cases which bappen most freq u en t­ o

BI.

Comm. 199. Law is tbe Dig.

ly. anu not to those which are of rare or ac­
cidenlal occurrence. Max.· 43. JUS CORONl!!:. In Ellglish la w. 1 The Dig . 1. 3, 3 ; Broom,

Jus est ars boni et requi.

science of what is good and j ust.

1, I:

I, 1,

Bract. fol. 2b.
est norma recti ; et quicquid est

JUB

right of the cro wn, or to the Cl'own; tlle right of succession to the throne.

contra normam

recti est injuria.

Law

BI.

Comm.

191;

is a rule of right ; and whatever is contrary to th e rule of right

2 Steph. Comm . 434. MONETl!!:. In old

is an injury.
nunquam

3

BuIst. 313.
10

JUS CUDENDl!!: English law. 2

Jus

e t fraus

cohabitant.

The right of coining money. Tr. !lS.

Right and fraud never dwell together. Co ke 45a.
.

How. State

Applle(} to the ti ile of

a statute.

JUS CURIALITATIS. The right of curtesy. JUS DARE.
department.

In English law.

Id.; !lest. Ev. p. 250,

§ 205.
A right does
4 Bing.

Sp elman.

Jus ex injuria. non oritur.

(or can) not

To give or to make the la w j

ari se

out of a wrong.

639; Broom, Max.

18s, note.
In old Engl ish la w . };le ta,

thefllnction and prerogative of the legislative
JUS DELIBERANDI. In the civil lu w. A term

JUS FALCANDI.

The right of mowing or cutting.

lib..

K

The right of deliberating.
who is

gran ted
'

4. c. 27. § 1.
JUS FECIALE. la w of arms, or of heralds.

by the proper officer at the req lIest of bim

I n Roman I. w.

The

called

to the inheritance, (the heil . )

A rUdimentary

witbin which h e has the right t o
its cond i tion

in ves tigate

spec i es of international law founded on the

L M

and

to conSider whether he will Mackeld. Rom. Law,

rites and religious ceremonies of lbedifferent peoples. JUS FIDUCIAHIUM. In the civil law 2 BI. Comm.
.

accept or reject it.

§

742; Civil Code

La. art. 1028.
A

Jus descendit. at non terra.
descen ds. not the land.
.

right

A righ t in trust j as distinguishE'rl from il.u legitimum,

Co. Litt 345.

a

legal right.

828.

JIJS FLAVIANUM

668

JUS LATH JUS HlEREDITATIS. The right

J (I S FLAVIANUM. In old Homan law.
A body of laws drawn up by Cneiusl'laviu8, a

of

inheritance. JUS HAURIENDI. English law. Fleta, lib.
In the civil and old

clerk or Appius C la ud ius . from the materials toO which he had access. It w<ts a p op ulariza­ tion of the laws. Mackeld. Hum. Law, § 39. JUS FLUMINUM. In the civil law. Tile right to the' use ot rivers. Loce. ue Jure

The right of drawing water.
c.

4,

27, § l.
Tbe body

JUS HONORARIUM. the supreme

01

Mar. lib. I,

c. 6.

Roman law, which was made up of edicts of magistrates . particularly tile

JUS FODIENDI. land. JUS

In th e ci vii and old

prretors.
JUS IMAGINIS. In Homan law.

Engl is h law. A right of digging 011 �motlJ er's III st. 2, 3, 2 ; Bract . fol. 222. GENTIUM.
The law of nations.

The

right to use or displ ay pictures or statues ot
ancestors ; somewhat analogolls to the right,

That law which natural reason has

establish­

in English law. to bear a coat of arms. JUS IMMUNITATIS. burden of public office.

erl among all men is equal ly ohserved among
all nations, and is called the "law of nat i uns, " as being the law wuicb all nati on s

In tbe civillaw.

The law of im m un ity or exemption from the

use. Inst. 1, 2, 1 ; Di g. 1. 1. 9 ; 1 Dl. Camlll. 43; 1 Kent, Comm. 7; Mackeld. Rom . La \v. § 125.
Although this phrase had
a

Dig. 50, 6. A. right agaiust
or

JUS IN PERSONAM.

meaning in the Ro­

a perso n ; a right w h ich gi ves its possessor a po wer to o bli ge <luotller persoll to gi v e procure. to do or not. to do, sometl.iing. JUS IN RK in a thing. In the civil l.w.

man law which may be rendered by our expression "law of nations," it must not be understood as equivalent to what we now call "international law, I> its scope being much wider. It was orig­ ina.lly a system of law, or more properly equity, gathered by the early Roman lawyers and magis­ trates from the common ingredients in the customs of the old Italian tribes,-those being the nations,

A right

A right existing i n a perso n

with respect to an article or s ubject of prop­

erty. inherent in his relat ion to it. implying
complete

Ue'lltes, whom they had opportunities of observmg,
tween a Roman citizen and a foreigner.

owners hi p

with

possession,

and

-to be used in cases where the jU8 cLvae did not apply ; that is, in cases between foreigners or be­ The prin­ Ciple upon which tbeyproceeded was that any rule of law which was common to all the nations they knew of must be intrinsically consonant to right reason, and therefore fundamentally valid and

a vai lable agai nst all the world.

See JUS .AD

REM.
Jus in re inhrerit osslbus usufructu�
a.rli.

A right in the thing cleaves t.o the The right of

person of the usufructuary. JUS IN RE PROPRIA.

just.

From this it was an easy transition to the

converse principle, viz., that nny rule which in­ stinctively commended itself to their sense of jus­ tice and reason must be a part of the ju.s gentinm. And sothe latter term came eventually to be about synouymous with "equity, II (as the Romans un­ derstood it,) or the system of prretorian law. Modern

enjoy men t which is i nc ident to full o wnerS hip or pr operty, and is often used to denote the
full own ersLip or property i tself.

It is dis.

jurists frequently employ the term "jU3

gent'ium privatum" to denote private intern(l.­ tional law, or that subject which is otherwise styled the "conflict of laws ; " nnd "jus gentium pubLi.cu m " for public international taw, or the system of rules governing the intercourse of na,.­ tions with each other as persons.

aliena, which Is a mere easement or right in or over the prop­ erty of another.
1'e

tingu ishetl from jUlf in

JUS
law.

INCOGNITUM.

An unk nown

T hi s term is applied by the civilians to Bowyer, Mod. Civil La w . 33. obsolete laws.
JUS INDIVIDUUM. ion. An indi vidual or

JUS GLADI!.

The right of the 5 word ;

indivis ible right ; a right i nc apable of divis.

Ule executory power of the law; the right , power, or prerogati va of puni�hillg for cri me.

36 Eng. Law & Eq. 25.
verbis differt, r& habere hunc

4 BI. Comm. 177.
JUS HABENDI. thing. sion of property. JUS The right to have a The right to be p ut in actual posses� Lewin. Trusts, 585. ET of RETINENDI.
a

Jus jurandi forma oonvenit ;

enim

sensum

Grot. de Jur. B •• 1. 2. c. 13, § 10. The form of taking an oath differs in la ngu age, agrees in meaning; for it o ught to 1m,ve this sense: tll at tbe Deity
debet : ut Deus invocetur.

HABENDI

is in voked. JUS LATll.
In Roman law.

A. right to have and to retain the profits,
titIles, and offerinu;s. eLc sona,ae.
.•

The right

rectory or par­

of Latium or of the Latins.

Tlle prinCipal

privilege of the Latins seems t" have beeu

JGS LATIUM

669

JUS POSl'LB:!lNlI Loce. de Jure Mar. lib.

the uae of their own laws, anll their not be­ ing su bject to the edicts of the prrotor, an d that Lhey had occasional access to th e free­

by ships or by sea.

I.

c. 3. J US NECI S . In Roman law. The

dnm of Rome, nnd
cred rites.

a.

participation in her sa­

Butl. Hor. J ur. 41. In Homan law.

h right of death, or of putti ng to d eat . children. Jus One non

A

right which a father anCiently had over hift

JUS LATIUM. ot law applicable to

A I'ule

mag istrates
l'a isi

in Latium.

It \VtalJ either m.ajus Latium or In'in'l.ls LaU· wn.,-the maJus Lattum

habenti tute non paretur. no right

n g to t. he dign ity

who has

cannot be safely

of Roman citizen not only the magistrate himself, bu� also his wife and childre n ; the minus Latium l'aising t.o thut digmty only the magistrate himself. JEGITIMUM. JUS J the

obeyed.

Hob. 146.

Jns non patitur ut idem bis solvatur. Law does not suffer that th e twice paid. JUS NON SCRIPTUM. ten la w .
same

t.hing be

Blown.
A legal right.

In

The unwrit­

ble in the ordinary course of law .

elyil

Jaw.

A ri ght which was enforcea­ 2 BI.

1 BI. Comm. 64.
The ci vil law of The title of the earl iest collection

Comm. 328.
JUS MARITI. The right of a hu sban cl ; especlally the right which a husband acquires

JUS PAPIRIANUM. Papi ri us.

of H.oman leges curiatce, sa id to have been

made in the time of Tarql1in. the last of the
ki ngs, by a pon tifex maximus of the name of Sext us or Pllblius Papiri lls . Very few fragmeuts of this collection now remain, and

to h is wife's movable estate by virtue of the

ma rriage.

1 Forb . lnst. pt. 1, p. 63.

In old E ng lish law. JUS MERUM. )-[er9 or bare right; the mere ri ght of prop­ erty in lands. without either possession or ' e,'30 th( right of possession .

the 8utllenticity of these has been doubted.
Mackeld. Rom. La w, JUS PASCENDI.

§

21. In the ci vil and old

2 TIL Comm .

197;

Dract fol. 23. T h e law of nature.

EngJisu law.

The right of past tll' in g
Bract. fols. 53b, 222.

cattle.

Inst. 2, 3, 2 ;
siastical law. Blount.

JUS NATURlE. Sea Jus NATURALE. JUS NATURALE.

JUS PATRONA� 'US.

In E nglish eccle­ to a benefice.

The natural law, or

The righ t of patronage ; the

law of nature: law. or legal prin ciples . sup­
pOGed to be discoverable by the l igh t of nat· ure or abstract reasoning, or to be taught by nahre to all

right of presenLing a clerk

..A. com miss i on from the bishop , where two presentations are offe red upon the same

r.ations

and men alikej or law

supposed to govern men and governments or en acted laws.

peoples in a
This c onceit

a v o idan ce. d i rected usually to his chancellor
amI others of com pe tent learning, who are to summ on a jury o[ six clergymen and six lay. men to i n q u i re into and examine who is the rightful patron. Comlll.

state of nature. i. e., in advance o f organized or iginated with the philosophical j uri sts of Rome, and was grad ually extended until the phrase came to den ote a supposed basis or substrhtum commo n to all systems or posi­

3 BI. Com m . 246; 3 Steph.

517.
Ri ghts of per. Th ose rights which. in the civil law,

J U S PERSONARUM. 80ns.

tive law, and hence to be found, in greater
01' less purity , in tho lawD or all n ations .

And,

belong to persons as such, or in t;heir differ­ ent characters and relations; as parents and children, masters and servants, etc.

can versely. they held that if any ru le or prin­ cipltl ot law was observed in com m on by all peoplsli with whose systems they were rai.d. or deriveu from
He-.

JUS PORTUS. right

In maritime law.

The

quah.ted, it must be a part of the jus natu­

of port or harbor.
POSSESSIONIS.

K

"jw nat'ulate"

and

it. "jU8

Thus the p i l rases gentium " cam e to

JUS

'rhe right of
In the

be ueed intercha'1geably. JU8 n atul'ale est quod apud homines eandt;lm habot potentiam. maaki nd.

possess ion. JUS law. POSTLIMINI!. civil

Natural right

The right of postl iminy ; the right or
it

L

is that which has the Same force Hmong all

claim of a person who had been restored to the possession of a tiling, or to never been deprived of it.

7 Coke, 12.
The right of nav­

former con­

dition. to be considered as though be had
Dig. 49, 15, 5; 3

JUS NAVIGANDI.

M

igating or navigation; the ri�ht of commerce

Bl. Comm. 107, 210.

JUS POS'l'LIMINII

670

JUS STAPULlE

In

international

law.

The right by

which property taken by all enemy, and re­ captured or resclled from him by the fellow­ suiJjects or alJii;s of the original owner, is re­ stored to the lalter upon certain terms. Kent, Comm. 108.

tari non potest. vate persons.

Jus publicum privntorum pactis mu­ A public law or rigM

cannot be altered by the agreements ot pri­

1
A

JUS QUJESITUM.

A rIght to aslr. or

recover; for example, in an obligation there In tbe civil law.

JUS PRJESENS.
pleLely acquired.

present or vested right; a right already com­ Mackeld . Rom. Law, § 191. In the civil law.

is a binding of the obl igor, and a jU8 qucest­ tum in the obligee. 1 Bell, Comm. SZ8.
J U S Q U I R I T I U M.
Rome. that
WIlS

The old law of

JUS PRJETORIUM.

applicable originaI1y to patri­

The discretion of the prretor, as distinct from the leges. or standing laws.

cians on ly . anll, under the Twelve Tnbles . to the entire Homan people, was 80 called. in contradistinction to the jus prwtorium,

3 BJ. Comm.

49.

That kind of law which the prretors in­

troduced for the purpose of aiding. supply­ ing. or correcting the civil law for the public bCllcfit. Dig. 1. 1, 7. Called, also,

tI,,) or equity.
Jus
idem quo quod

Brown. universitates
habent

(q.
eat

honorarium. It (q . 1:1.)

"jus

utuntur The

privati.

law

which governs corporations is tbesame which

JUS PRECARIUM.
there was no remedy.

In the civil law.

governs individuals. covering [lands.]

16 Mass. 44.
The right of r&­

A. right to 8 thing helu for another. for which

JUS RECUPERANDI.

2 £1. COIll U l. 328.
The right

JUS PRESENTATIONIS.
of presentation.

JUS RELICTJE.

In Scotch law.

The

right of a relict; the right 0" claim of a relict or widow to her share of her h usband's estale. particularly the movables.

JUS PRIVATUM.
Ipal law of Rome.

The civil or munie.

2 Kames.
Th.

Eq. 340; 1 Forb. Inst. pt. I, p. 67. In tho civil law.

JUS PROJICIENDI.

JUS

REPRESENTATIONIS.

'file name of a servitude which consists in the right to build a projection, such as a bal­ cony or gallery, from one's house in the open space belunging to one's neighbor, but with· out resting on his house. Dig. 50, 16, 242;

right of repn�senti ng or standing in tbe place of another, or of being represented by an­ other.

JUS RERUM.

The law of lhings.

The

Id. 8, 2, 2 ; Mackeld. Rom. Law, § al7. JUS PROPRIETATIS.
The right of

law regulating the rights and powers of per· sons over things; how property is acquired, enjoyed, and transferred. Jus respicit mqultatem. eqUity. Law regard!

property, as distinguished from the jus pos­

sessionis, or right of possession. Bract. fol. S. Called by Bracton "jus merum, " the mere right. ld,; 2 Bl. Com rn . 197; 3 Bl. Comm.
19, 176. JUS PROTEGENDI.
The name of a servitude. In the civil law, It is a right by

Co. Litt. 24b; Broom, Max. 151.

J U S SCRIPTUM.
Written l aw.

In Roman

lnst. I, 2, 3.

All law that

l aw .

was actually committed to wriLing. whether it had originated byen<lciment or by custom, in contrad istinction to such parts of the law of custom as were not ('ommilted to wtiting. Macli:el d. Rom. Law! § 126.

which a part of the roof or tiling of one house i s mHde to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8, 2, 25; Id.

8, 5, 8, 5. Jus publicum at privatum quod ex
prreceptis aut gentium aut

In English law.

'Vritten law, or stat.
83

ute law, otherwise called "Ie:!) scripta,"

dislinguished from the common law. "lex

naturalibus

non scripta."

1 ill. Comm. 62.
In tbe civil law.

civilibus est collectum ; et quod in rectum esse dicitur.
Co. Litt. 185.

jure
Pub­
or

scripto jus appellatur, id in lege Anglim lic and private law is that which is collected
from naLural principlcg, either of naLions

JUS SINGULARE.

A peculiar or individual rule, differing from
the jus commune. or common rule of right, and established for some special reason. Mackeld. Rom. Law, § 196.

in statl's; and thai which in the civil law is called "jus, " in the law of England is said to be " l'ighL."

JUS STAPULJE.

In old European In w.
.do

The la w of slaple; the right of slaple.

JUS STHlCTUM rigbt or priv ilege ot certai n town. of

671 stop­

JUb'l'A CAUSA "Tbe words ' j u st ' and ' justly ' do not a)­

ping ilDported merchanclise. and compelli n g It to be offered for sale in their own markets. Locc. de

ways mean · j ust ' and ' justly' in a moral sens e, but they not unfrequ ently. in their

Jure

Mar.

lib. I, c. 10.
Strict law; law In·

connection with other words In a sentence,
bear a very different Sign ification . Itis evi·

JUS STRICTUM.

terpreted " ttbout any modi fication, and 10 its utmost rigor.
Jus superveniens auctori acorescit suc­ cessort. A right growing to a possessor ac­ Halk. Lat. Max. 76.
crues to the su ccessor.

dent, however. that tbe word ' j ust ' in the
s tat ute [ req u irin g an affidavit for a n attach­

ment. to sLale th at plaintiff's claim is isol ati on . bein g m ade ly j u st

j'USt]

means ' j ust ' in a m or�l sense; and from its

'i. sep a rate subdivision
The

of the section, it is int�nded to mean ' moral­ in the most e m ph at ic tenos.

JUS TERTII.

The right of a third par·
. •

ty.

A tennnt, bailee. etc

who p lear l s that

claim mtl1:!t be mOTally just, as well as legally
just, in order to enti tle a. party to an attach·

the title is i n some person oLher thuD his landlord, bailor, etc., is said to set up a jU$

ment.»

5 Kan. 300.
As

tertii.
Jus testamentorum pertinat ordinaria. Yearb. 4 Hen. VII. ,

JUST COMPENSATION. the constitutional provision

used In

that p ri vate

l3b.

The right of testa­

property shall not be taken for pu blic

use

menta belongs to the ordin ary.
JUS TRIPERTITUM.
In Roman law.

without sustained

" j ust com pensati on, "

this phrase
It

means a full

and fair equi v alent for the loss

by th e taking for p u blic lise.

A name ap plied to the Roman law of wills.
In the time of Justinian, on a ccou n t of i ts
threefold derivation, viz., from the prretodan

m ay be more or it may be less than the mere money value of the property actual ly taken. The ex ercise of the po wer being necessary for the pub lic good, and all property bei ng
held subject to i ts exercise when and as the

edict. from the civil law, and from the im_ perinI constitutions. Maine. Anc. Law, 207.
Right is threefold. Jus triplex est.-proprietatis. posses­ sionis, et possibilitatis.

pu\)lic good reC'}uires it, it would be unjust to the publ ic that i t should be requ i red to pay the owner more than a fair indemnity for the loss he sustains by the approp riati on of his property for the general good. On lht� other hand, it would be equally unjust to tbe owner if he should receive less than a fnir in dem ­ nity for such loss. To arriv e at this fai r in­ demnity. the i nterests of the public and of
t he owner, and all the ci rcu ms tan ces of the

-of property. of possession, and. of p oss i bili­

ly.
JUS TRIUM LIBERORUM. In Ro­ 2 Kent,

man law.

A right or privilege allo wed to

the parent of

thTec or more child1·en.

Comm. 85j 2 Bl. Comm. 247.

These privi­

leges were an exemption from th e trouble of �uardianship. priority in bearing offices, and
'l treble proportion of corn. Ani.

particular appropriation, sho ul d be taken into consideration.
JUST TITLE.

Adams. Rom.

Lewis. Em. Dam.

§ 462.

( Am er.

Ed. ) 227.

The right to use proper­ ty wi thout destro. ving its s u bsta nce . It is
JUS UTENDI.

By the term "j ust title,'

i n cases of prescription. we d o not under­ stand that w hich ihe possessor may have de-­

employed in con tradi stinction to thejusabu.­

tendi.

3 Toullier. no. 86.
The
El­

ri ved from the trlle o wner. for the n no true prescription would be ne cessary, but a title which the possessor may have received from any person wbom he ho nestly believed to be the real 0'\1001'. provided the title were such
as to t.rallsfer the ownership of the property.

JUS VENANDI ET PISCANDI.

right of hunting and fisbing.
Jus vendit quod usus approbavit.

lesm. Postn. 85.
use has approved.

The law dis pens es what

Civil bode La. art. 3434.
JUSTA. In old E ngl is h law. A cprtai n

K L M

JUSJURANDUM. Jusjurandum inter nocere nee

Lat.

An oatb .

measure o f liquor, being a s much a s waS
s u fficien t to drink at once.

alios factum nee debet. An oath

Mon. Angl. t. I.

prodesse

c. 149.
JUSTA CAUSA. In the civil law. A

made between others ought neither to burt nor prOfit. JUST. 4 Inst. 279.

j ust cause; a lawful ground ; a legal transac­

Right; in accordance with law

tion of some kind.

Mackeld. nom. Law.

and j ustice.

§ 283.

JUSTICE JUSTICE, D. one to do j ustice. JUSTICE, n. In jurisprudence. lnst.
In old Engl ish

672
practice. ·

JUSTICES OF APPEAl..
JUSTICE IN EYRE. From the Ol�

T o d o justice; Loseej usLice done; tosummon

,

French word " eire, " i. e., a journey. commission

'l'hO!>fl

justices who in ancient times were sent lJy The into vuriolls counties. to heat mOre especi<llIy such causes as were termed "pleas of tile crown," were called " justices i n eyre." They differed from j ustic�s in oyer and terminer, inasmuch as the latter were sent to one place, and for the purpose of try­ ing only a limited number of special causes; whereas tile j lIslices in eyre were sent tbrough the various counties. with a more indeBnite and general commission. In some respects they resemblc'd our Pl'espot justices of assize, although theIr authority and manner of pro­ ceeding differed much from them. JU STICE OF Brown. In

constant and perpetual diSp,)sitiOll to ren· dec every man bis dUe.
I nst. 56.

1, 1,

pr.;

2

The conformity of our actions and Toull. Droit Civil Fr.

our will to the law. tit. pr�1. no. 5.

In the most extensive sellse of the word, it dit·
tel's little from "'vIrtue ; " [or it includes within itself the whole circle of virtues. Yet the cow� mon distinction between them is that t.hat

which,

considered positively and in itself, is called "vir­ tue, .. when considered relatively and with respect to otbers has the name of "'justice. I> But "justice, II being in itself a part of "virtu e , " is confined to things simply good or evil, and consists in a man's taking such Bouvier,
&

proportion of t.hem as be ought.

THE PEACE. judicial

American law.
It con�ists in rendering

A

Officer of in­

Oommutative justice is that which should

ferior rank, holding a court not of record. and having (usualJy) civil jurisdiction of a limited nature, for the trial of minor cases, to an extent prescribed by statute, and for the conservation of tbe peace and tbe prlr l1millul'Y hearing of criminal complaints tlnd the commitmeut of offenders. In English la.w. certain district, (e. g execution
.•

govern contracts.

to every man the exact measure of bis dues,
without regard Lo his personal worth or mer­ its, i. e., placing all men on an equ1 dity.
Dist1'ibuti'oe justice is thaL which should gov­

�rl1 the distnb ution of rewards and pu nish­ ments. It assigns to eacll t h e l'ewards wbich It does bis personal merit or services deserve, or the prover punislJment for his crimes. not consider all men as equally desel'ving or equally blameworthy, btiL discrim inates be­ tween them. observing a just IJrOportiull and comparison. Aristotle. This distinction originated with (Eth. Nic.

Judges of record ap­
a county or lIorough ,)

pOinted by the CroWD to be justices within 8 for Lhe conservation of the peace, and for the of di vers things, comprebended Stone, ",itbin their commission and within divers statu Les. com mitted to their cbarge.

V.)

See FonDI. Eq. Amenable to jus­

J. Pl'. 2.
JUSTICE SEAT. In English law. The principal court of the forest, held before tbe 'e, cbief j lIstice in ey1 or cine! itineraut j udge, or his doputy; to hear and detel'm iue ail tr�� passes within the forest, and all claims at franchises. liberties, and privileges, and aU pleas ilnu cause:l wbaLsoevol' therein arising, S B I. Comru. 7 2 ; 4 lnst. 440. JUSTICEMENTS. An old general term

3 ; 'I'oull. Droit Civil Fr. tiL. prel. no. 7.
In Norma.n French. tice. Kelham. In f eudal I a w . In common

Jurisdiction; judicial
The title given in

cognizance of cause3 or offenses.

la.w.

England to the judges of the king's bench and tile common pleas. lind in America to the jUdges of the supreme court of the Unit­ ed Statl's and of the appellate courts of mnny of the states. its I �aLiu form It is �aid that this word in
(justitia) was properly ap­

291;

3 Stepb. Comll.

fOI" all things appertaining to j ustice. JUSTICER. Blount. JUSTICES' COURTS. The old form of jU8U�,

plicable ollly to the judges of common-law courts, while til" term "judex" designated the jUdges of ecclesiastical and other COUrtS. See Leg. Hen. !. §§ 24, 63; Co. Litt.

71b.

Inferior tribu�

The same title is also applied to some of tbe judicial omc�rs of tlle lowest rank and jurisdiction. such as police jus tices and j us­ tices of the peace. JUSTICE AYRES, (or AIRES.) Scotch law. the j usticiary courts
III

naIs, not of record. witli limited jurisdictioD, both civil and criminal, held by justices ot the peace. There are courts so called in many of the states. JUSTICES court of appeal. OF APPEAL. The title

given to the ordin ary judges of the Englisll The first of sucll ordiuary judges are the two fonner lords j ustices 01

Circuits malie by the j ucJges of through the country,

fgL" the distriLutiou of justice.

BeU�

appeal i n chancery, amI one other juuge ap·

JUSTICES OF ASSIZE

673

JUSTICIARY COURT
JUSTICES OF THE JEWS.

pointed by tbe crown by letters patent. Jud. Act 1875,

§ ••

Justice,

appointed by U.ichard I. to carry into effect the laws and orders which h e had made for regulating tbe money contracts ot the Jewl. Brown.
JUSTICES OF THE PAVILION. In

JUSTICES OF ASSIZE. Tbese justices,
or, ft!

they

oro

sometimes called, "justices ot

nial prius, " are judges of the superior En.

g!ish courts, who go on circuit into the va· rious counties of England and Wales for the purpose or disposi ng of such causes as afe ready for trial at the assizes.
JlTSTICES OF GAOL

old English law. court, of
a

Judges of a pyepowder

See AsSIZE.
DELIVERY.

most transcendent jurisdiction,

anciently authorized by the bishop of Win­ chester. at a fair beld on St. Giles' bills near that city. Cowell ; Blount.
In

'fb05e justices who are sent with a commis­ Iton to hear and determine all causes apper­ taining to persons, who, for any offense. have been cast into gaol. Part of their au­ thority was to punish those who let to main­ pl'ise tbose prisoners who were not bailable b law, and they seem formerly to have been y sent into the country upon this exclusive oc. casion, but afterwardg had the same author­ ity given them as the justices of assize. Brown.
JUSTICES OF LABORERS.

JUSTICES OF TRAIL-BASTON.

old English la w.

A kind of justices

ap­

pointed by Ki ng Edward I. upon occasion of great disorders in the realm, during his ab­ sence In the Scotch and French wars, They were a kind of justices in eyre, with great powers adapted to the emergency, and which they exercised i n a summary manner. Cowell; J31ount.
JUSTICESHIP.

In old

Rank or omce ot a jus­
Proper to be examined

English law.

Justices appointed to redress

tice.
JUSTICIABLE.

the frowardness of laboring men, wbo would either be idle or have unreasonable wages. Blount.
JUSTICES OF NISI PRIUS. In En­

in courts of justice.
JUSTICIAR. In old English law.

A

glish law.

This title is now usually coupled

judgA or justice.

One of several persons

with that of justices o assize; the judges of f the superior courtR acting on their circuits i n both these capacities.
JUSTICES MINER. OF

learned in the law, who sat in the aula regis, and formed a kind of court of appea1 1n casea of difficulty.
JUSTICIARII ITINERANTES. In

3 Bl. Comm. 58, 59.
AND TERr

OYER

Certain persons appointed by tbe

English law. justice.

Justices i n eyre, wbo formerly

ting's commission, among whom were usual­ ly two judges of the courts at W'estminster, and who went twice i n every year to every county of the ki ngdom, (except London and Middlesex ,) and, at what was usually called the "assizes, II heard and determined all trea­ lona, felonies, and misdemeanors.
JUSTICES

went from county to county to administer They were so called to distinguish them from justices reSiding at 1Vestmin ister, who were calleu "justicii. ,'esidentea." Litt. 293.
JUSTICIARII RESIDENTES. I n En­

Co.

Browu. Tbe

glish law. resided eyre.

Justices or judges who usually They were so

OF THE BENCH.

i n 'Yes tminister.

Justices of the court of common bench or eommon pleas.
JUSTICES OF THE FOREST.

called to disLinguish them from justices in

Co. Lilt. 293.
An old name tor a judge

In old

JUSTICIARY.

Englisb law.

Officers who bad jurisdiction The court wherein

or justice.

The word is formed on the anal-

over all offenses committed within the forest ag!�inst vert or venison. these justices sat and determined such causes was called the " j ustice seat of the forest. " They were also sometimes called the " j ustices
In eyre of the forest. " JUSTICE S

ogy of tbe Latin "jruticiarifU" and French

"}UStiCi81'. "

JUSTICIARY COURT.

Tbe cbiet criUl­

inal court of Scotland, consisting of fi va lords of session, added to the justice general and Ju stice clerk ; or wbom the justice general, and. in his absence. the justice clerk, is presi. dent.
I Ben.

l M

Brown.

OF THE HUNDRED.

Hundredon; who had

lords of the hundreds: t1i�y

This court has a jurisdiction over all the whole

the ju risdiction of hundreds 811d

crimes. and over

of Scotland.

beld tbe b undred courts.
AM.DICT.LAW-43

JUSTlel A TUS

674

JUSTUM NO�

EST, ETO.

JUSTICIATUS. live. JUSTICIES.

Ju dicature ;

preroga·

quia dilstio est quredam negatio.

Justice

ought to be free, because nothi ng is more In English law .

.A writ

iniquitous tban venal j us tice; full, because
j us tice ought. not to halt ; aud s peedy , be­

directed to the sheriff', empow erin g him, for the sake or dispatch, to try an action in his county court for a larger amount than he has the ordinary power to do. It is so ca.lled be· calise it is a com mission to the sherifi' to do the party justice, the word itself ffip.aning. " You mayda justice to ---. "

Cause delay is a kind of denial.

2 lnst. 56.
Jus·

Justitia est consmns et perpetua vo­ luntas jus suum cuique tribuendi.

tice is a steady and unceasi ng disposi tion 1.0 render to e very man his due. Dig. I, I, 10.
Justitia est duplex, viz., severe pu­

lnst. 1, 1, pr.;

SRI. Corum.

36; 4 In.t. 266.
JUSTIFIABLE. Rightful ; warmnted or

niena et vere prooveniena.
truly preventin g.

3 lnst. Epil.

sanctioned by law ; that which can be shown
to be sustained by law; a8 justifiable homi...

Justice is doub l e ; punishing severely,

and

cid e. JUSTIFIABLE HOMICIDE. Such as

Justitia est virtus excellens at Altissi­ mo complacens.

4 lnst. 58.

Justice is ex·

is committed intentional ly, but without any evil design. and unller such circumstances necessi ty or duty and
reJ iava the
as

cel lent virtue and pleasing to the
Justitia firmatur Bolium.

Most High. S lost. 140.
Jenk.

ot

render Lhe ad proper.

party from any shadow ot
a sheriff lawfully executes

By justice the throne is established.
Justitia. nemini neganda. est .

blame; as

w here

d s entence of death upon

a malefactor. or

Cent. 178.

Justice is to be denied to none.

where the ktlling takes place in the endeavor to preven t the commission of a felony which
could not be otherwise a voided .

Justitia. non est neganda non differ­ enda.

Jenk. Cent. 93.

Justice is neither

to be denied nor delayed.
Justitia non novit patrem nec matrem i solam veritatem spectat justitia. at truth al one .

JUSTIFICATION.

A

maintaining or

<sbo wi ng a sufficient reason in court why the defendant did w hat he is call ed upon to an� dwer, particularly in an action of libel. A Jefense of j ustificati on is a defense showi ng
t.h e li bel to be true. or in an action of assault

Justice

knows not father nor mother j justice looks

1 Buist. 199.
PIEPOUDROUS. Speedy

sho w ing the violenclj to have bee n necessary. See "teph. PI. 184.
In practice.

JUSTITIA justice.

Bract. 333b.

The proceeding by which

bail establish their ability to perform Lhe un­
de rtaking of the bond or recognizance.

JUSTITIUM. In tbe civil law. pension or intenDission of the administra.tion

of ju sti ce

�n courts; vacation time.

Calvin.

JUSTIFICATORS. gators,

.A kin d of compur­

JUSTITIUM FACERF.

To hold a plea

(q.

'D••

) or those who by oath j ustified

of anything.
JUSTIZA. In Spani sh law. The name
ancientl y given to a high judicial magistrate,

the innocence or oaths of others; as in the
case of wager of law.

JUSTIFYING BAIL consists in prov­ ing the 8ufliciency of bail of property, etc. The production of bail in court, who there j u stify thems el ves against the excepti on the plalll tiff. JUSTINIANIST. 1t udies the civil law. JUSTITIA.
Lat.

or sllpreme judge, who was the ultimate in­
terpreter of the laws. and possessed other

or sureties in point

high powers. JUSTS, or JOUSTS.
men

of m art ial
ments.

and persoDs

Exercises between of honor, with

spe!ll's, on horseback ; different frorn to'U1'na­

A. civilian; one wllo
Justice.
A. jllrisdi",

W lli ch

were military exercisea between 24 Hen. VIII. c.
aliquem

many men in troops.
Justum non est

IS.

antenatum

tion, or the office of a jUdge.
Justitia debet esse libera, quia. ti t ia non debet claudicare ; nihil

mortuum facere bastardum, qui pro tota vita. sua pro legitim� habetur.

It is not

just to make a bastard Biter his death one elder born who all his life has been acco unted legitimate.

miquius venali justitia ; plena, quia. jus .. at celeris,

8 Coke, 101.

JUXTA

675 JUXTA 417.

JUZGADO
TENOREM SEQUENTEM. 2 Salk.

JUXTA.
Ing to.

Lat.

Near; fo llowing ; accord­
Accord­
Co 16,

According to the tenor following.

JUXTA CONVENTIONEM. Ing to tho covenant. Fleta, lib. 4,

A phrase used in the old books when

§ 6.

the very words themselves referred to were Bet forth. rd. ; 1 Ld. Rayro. 415.

JUXTA FORMAM STATUTI. cording to the form of the statute. JUXTA RATAM.

Ac-

JUZGADO.

In Spanish law.

The jUdl-

At or after the rate.

ciary ; tbe body of judges ; the jUdg.. who

Dyer, 82.

concur in R decree.

K l M

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