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Bouvier's Law Dictionary
1856 Edition

J

JACTITATION. OF MARRIAGE, Eng. eccl. law. The boasting by an=20 individual that he or she has married another, from which it may happen = that=20 they will acquire the reputation of being married to each other.

2. The ecclesiastical courts may in such cases entertain a libel by = the party=20 injured; and, on proof of the facts, enjoin the wrong-doer to perpetual = silence;=20 and, as a punishment, make him pay the costs. 3 Bl. Com. 93; 2 Hagg. = Cons. R.=20 423 Id. 285; 2 Chit. Pr. 459.

JACTURA. The same as jettison. (q. v.) 1 Bell's Com. 586, 5th = ed.

JAIL. A prison; a place appointed by law for the detention of=20 prisoners. A jail is an inhabited dwelling-house within the statute of = New York,=20 which makes the malicious burning of an inhabited dwelling-house to be = arson. 8=20 John. 115; see 4 Call, 109. Vide Gaol; Prison.

JEOFAILE. This is a law French phrase, which signifies, "I am = in an=20 error; I have failed." There are certain statutes called statutes of = amendment=20 and jeofails because, where a pleader perceives any slip in the form of = his=20 proceedings, and acknowledges the error, (jeofaile,) he is at liberty by = those=20 statutes to amend it. The amendment, however, is seldom made, but the = benefit is=20 attained by the court's overlooking the exception. 3 Bl. Com. 407; 1 = Saund. 228,=20 n. 1; Doct. Pl. 287; Dane's Ab. h. t.

JEOPARDY. Peril, danger. 2. This is the meaning attached to = this word=20 used in the act establishing and regulating the post office department. = The=20 words of the act are, "or if, in effecting such robbery of the mail the = first=20 time, the offender shall wound the person having the custody thereof, or = put his=20 life in jeopardy by the use of dangerous weapons, such offender shall = suffer=20 death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95.

3. The constitution declares that no person shall "for the same = offence, be=20 twice put in jeopardy of life and limb." The meaning of this is, that = the party=20 shall, not be tried a second time for the same offence after he has once = been=20 convicted or acquitted of the offence charged, by the verdict of a jury, = and=20 judgment has passed thereon for or against him; but it does not mean = that he=20 shall not be tried for the offence, if the jury have been discharged = from=20 necessity or by consent, without giving any verdict; or, if having given = a=20 verdict, judgement has been arrested upon it, or a new trial has been = granted in=20 his favor; for, in such a case, his life and limb cannot judicially be = said to=20 have been put in jeopardy. 4 Wash. C. C. R. 410; 9 Wheat. R. 579; 6 = Serg. &=20 Rawle, 577; 3. Rawle, R. 498; 3 Story on the Const. =A71781. Vide 2 = Sumn. R. 19.=20 This great privilege is secured by the common law. Hawk. P. C., B. 2, = 35; 4 Bl.=20 Com. 335.

4. This was the Roman law, from which it has been probably engrafted = upon the=20 common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine publico = accusationem deductus est, says the Code, 9, 2, 9, ab alio super eodem = crimine=20 deferri non potest. Vide article Non bis in idem.

JERGUER, Engl. law. An officer of the custom-house, who = oversees the=20 waiters. Techn. Dict. h. t.

JETTISON, or JETSAM. The casting out of a vessel, from = necessity, a=20 part of the lading; the thing cast out also bears the same name; it = differs from=20 flotsam in this, that in the latter the goods float, while in the former = they=20 sink, and remain under water; it differ; also from ligan. (q. v.)

2. The jettson must be made for sufficient cause, and not from = groundless=20 timidity. In must be made in a case of extremity, when the ship is in = danger of=20 perishing by the fury of a storm, or is laboring upon rocks or shallows, = or is=20 closely pursued by pirates or enemies.

3. If the residue of the cargo be saved by such sacrifice, the = property saved=20 is bound to pay a: proportion of, the loss. In ascertaining such = average. loss,=20 the goods lost and saved are both to be valued at the price they would = have=20 brought at the place of delivery, on the ship's arrival there, freight, = duties=20 and other charges being deducted. Marsh. Ins. 246; 3 Kent, Com. 185 to = 187;=20 Park. Ins., 123; Poth. Chartepartie, n. 108, et suiv; Boulay-Paty, Dr. = Com. tit.=20 13; Pardessus, Dr. Com. n. 734; 1 Ware's R. 9.

JEUX DE BOURSE, French law. This is a kind of gambling or = speculation,=20 which consists of sales and purchase's, which bind neither of the = parties to=20 deliver the things which are the object of the sale, and which are = settled by=20 paying the difference in the value of the things sold between the day of = the=20 sale, and that appointed for delivery of such things. 1 Pard. Dr. Com. = n.=20 162.

JEWS. See De Judaismo Statutum.

JOB. By this term is understood among workmen, the whole of a = thing=20 which is to be done. In this sense it is employed in the Civil Code of=20 Louisiana, art. 2727; "to build by plot, or to work by the job," says = that=20 article, "is to undertake a building for a certain stipulated price." = See=20 Durant. du Contr. de Louage, liv. 8, t. 8, n. 248, 263; Poth. Contr. de = Louage,=20 n. 392, 394 and Deviation.

JOBBER, commerce. One who buys end sells articles for others. = Stock=20 jobbers are those who buy, and sell stocks for others; this term is also = applied=20 to those who speculate in stocks on their own account.

JOCALIA. Jewels; this term was formerly more properly applied = to those=20 ornaments which women, although married, call their own. When these = jocalia are=20 not suitable to her degree, they are assets for the payment of debts. 1 = Roll.=20 Ab. 911. Vide Paraphernalia.

JOINDER OF ACTIONS, practice. The putting two or more causes = of action=20 in the same declaration.

2. It is a general rule, that in real actions there can never be but = one=20 count. 8 Co. 86, 87; Bac. Ab. Action, C; Com. Dig. Action, G. A count in = a real,=20 and a count in a mixed action, cannot be joined in the same declaration; = nor a=20 count in a mixed action, and a count in a personal action; nor a count = in a=20 mixed action with a count in another, as ejectment and trespass.

3. In mixed actions, there may be two counts in the same declaration; = for=20 example, waste lies upon several leases, and ejectment upon several = demises and=20 ousters. 8 Co. 87 b Poph. 24; Cro. Eliz. 290; Ow. 11. Strictly, however, = ejectment at common law, is a personal action, and a count in trespass = for an=20 assault and battery, may be joined with it; for both sound in trespass, = and the=20 same judgment is applicable to both.

4. In personal actions, the use of several counts in the same = declaration is=20 quite common. Sometimes they are applied to distinct causes of actions, = as upon=20 several promissory notes; but it more frequently happens that the = various counts=20 introduced, do not really relate to different claims, but are adopted = merely as=20 so many different forms of propounding the same demand. The joinder in = action=20 depends on the form of action, rather than on the subject-matter of it; = in an=20 action against a carrier, for example, if the plaintiff declare in = assumpsit, he=20 cannot join a count in trover, as he may if he declare against him in = case. 1 T.=20 R. 277 but see 2 Caines' R. 216; 3 East, R. 70. The rule as to joinder = is, that=20 when the same plea may be pleaded, and the same judgment given on all = the counts=20 of the declaration, or when the counts are all of the same nature, and = the same=20 judgment is to be given upon them all, though the pleas be different, as = in the=20 case of debt upon bond and simple contract, they may be joined. 2 Saund. = 117, c.=20 When the same form of action may be adopted, th may join as many causes = of=20 action as he may choose, though he acquired the rights affected by = different=20 titles; but the rights of the plaintiffs, and the liabilities of the = defendant,=20 must be in his own character, or in his representative capacity, = exclusively. A,=20 plaintiff cannot sue, therefore, for a cause of, action in his own = right, and=20 another cause in his character as executor, and join them; nor can he = sue the=20 defendant for a debt due by himself, and another due, by him as = executor.

5. In criminal case s, different offences may be joined in the same=20 indictment, if of the same nature, but an indictment may be quashed, at = the=20 discretion of the court, when the counts are joined in such a manner as = will=20 confound the evidence. 1 Chit. Cr. Law, 253-255. In Pennsylvania, it has = been=20 decided that when a defendant was indicted at one session of the court = for a=20 conspiracy to cheat a third person, and at another session of the same = court he=20 was indicted for another conspiracy to cheat another person, the two = bills might=20 be tried by the same jury against the will of the defendant, provided he = was not=20 thereby deprived of any material right, as the right to challenge; = whether he=20 should be so tried or not seems to be a matter of discretion with the = court. 5=20 S. & R. 59 12 S. R. 69. Vide Separate Trial. Vide, generally, 2 = Saund. 117,=20 b. to 117, c.; Com. Dig. Action, G; 2 Vin. Ab. 38; Bac. Ab. Actions in = General,=20 C; 13 John. R. 462; 10 John. R. 240; 11 John. R. 479; 1 John. R. 503; 3 = Binn.=20 555; 1 Chit Pl. 196 to 205; Arch. Civ. Pl. 172 to 176; Steph. Pl. Index, = h. t.=20 Dane's Ab. h. t.

JOINDER IN DEMURRER. When a demurrer is offered by one party, = the=20 adverse party joins with him in demurrer, and the answer which he makes = is=20 called a joinder in demurrer. Co. Litt. 71 b. But this is a mere = formality.

JOINDER OF ISSUE, pleadings. The act by which the parties to a = cause=20 arrive at that stage of it in their pleadings, that one asserts a fact = to be so,=20 and the other denies it. For example, when one party denies the fact = pleaded by=20 his antagonist, who has tendered the issue thus, "And this he prays may = be=20 inquired of by the country," or, "And of this he puts himself upon the = country,"=20 the party denying the fact may immediately subjoin, "And the said A B = does the=20 like;" when the issue is said to be joined.

JOINDER OF PARTIES TO ACTIONS. It is a rule in actions ex = contractu=20 that all who have a legal interest in the contract, and no others, must = join in=20 action founded on a breach of such contract; whether the parties are too = many or=20 too few, it is equally fatal. 8 S. & R. 308: 4 Watts, 456; 1 Breese, = 286; 6=20 Pick. 359. 6 Mass. 460; 2 Conn. 697; 6 Wend. 629; 2 N. & M. 70; 1 = Bailey,=20 13; 5 Verm. 116; 3 J. J. Marsh. 165; 16 John. 34; 19 John. 213; 2 = Greenl. 117; 2=20 Penn. 817.

2. In actions ex contractu all obligors jointly and not severally = liable, and=20 no others, must be made defendants. 1 Saund. 153, note 1; 1 Breese, 128; = 11=20 John. 101; J. J. Marsh. 38; 2 John. 213.

3. In actions ex. delicto, when an injury is done to the property of = two or=20 more joint owners, they must join in the action. 1 Saund. 291, g; 11 = Pick. 269;=20 12 Pick. 120; 7 Mass. 135; 13 John. 286.

4. When a tort is of such a nature that it may be committed by = several, they=20 may all be joined in an action ex delicto, or they may be sued = severally. But=20 when the tort cannot be committed jointly, as, for example, slander, two = or more=20 persons cannot be sued jointly, although they may have uttered the same = words. 6=20 John. 32. See, generally, 3 Bouv. Inst. n. 2648, et seq.

JOINT. United, not separate; as, joint action, or one which is = brought=20 by several persons acting together; joint bond, a bond given by two or = more=20 obligors.

JOINT CONTRACT. One in which the contractors are jointly bound = to=20 perform the promise or obligation therein contained, or entitled to = receive the=20 benefit of such promise or obligation.

2. It is a general rule that a joint contract survives, whatever may = be the=20 beneficial interests of the parties under it; where a partner, = covenantor, or=20 other person entitled, having a joint interest in a contract not running = with=20 the land, dies, the right to sue survives in the other partner, &c. = 1 Dall.=20 65, 248; Addis. on Contr. 285. And when the obligation or promise is to = perform=20 something jointly by the obligor or promissors, and one dies, the action = must be=20 brought against the survivor. Ham. on Part. 156.

3. When all the parties interested in a joint contract die, the = action must=20 be brought by the executors or administrators of the last surviving, = obligee,=20 against the executors or administrators of the last surviving obligor. = Addis. on=20 Contr. 285. See Contracts; Parties to Actions; Co-obligor.

JOINT EXECUTORS. It is proposed to consider, 1. The interest = which=20 they have in the estate of the deceased. 2. How far they are liable for = each=20 other's acts. 3. The rights of the survivor.

2. - =A71. Joint executors are considered in law as but one person,=20 representing the testator, and, therefore, the acts of any one of them, = which=20 relate either to the delivery, gift, sale, payment, possession or = release of the=20 testator's goods, are deemed, as regards the persons with whom they = contract,=20 the acts of all. Bac. Abr. h. t.; 11 Vin. Abr. 358; Com. Dig. = Administration, B=20 12; 1 Dane's Abr. 583; 2 Litt. (Kentucky) R. 315; Godolph. 314; Dyer, = 23, in=20 marg. 16 Serg. & Rawle, 337. But an executor cannot, without the = knowledge=20 of his co-executor, confess a judgment for a claim, part of which was = barred by=20 the act of limitations, so as to bind the estate of the testator. 6 = Penn. St.=20 Rep. 267.

3. - =A72. As a general rule, it may be laid down that each, executor = is liable=20 for his own wrong, or devastavit only, and not for that of his = colleague. He may=20 be rendered liable, however, for the misplaced confidence which he may = have=20 reposed in his coexecutor. As, if he signs a receipt for money, in = conjunction=20 with another executor, and he receives no part of the money, but agrees = that the=20 other, executor shall retain it, and apply it to his own use, this is = his own=20 misapplication, for which he is responsible. 1 P. Wms. 241, n. 1; 1 Sch. = &=20 Lef. 341; 2 Sch. & Lef. 231; 7 East, R. 256; 11 John. R. 16; 11 = Serg. &=20 Rawle, 71; Hardr. 314; 5 Johns. Ch. R. 283; and see 2 Bro. C. C. 116; 3 = Bro. C.=20 C. 112; 2 Penn. R. 421; Fonb. Eq. B. 2, c. 7, s. 5, n. k.

4. - =A73. Upon the death of one of several joint executors, the = right of=20 administering the estate of the testator devolves upon the survivor. 3 = Atk. 509=20 Com. Dig. Administration, B 12; Hamm. on Parties, 148.

5. In Pennsylvania, by legislative enactment, it is provided, "that = where=20 testators may devise their estates to their executors to be sold, or = direct such=20 executors to sell and convey such estates, or direct such real estate to = be=20 sold, without naming, or declaring who shall sell the same, if one or = more of=20 the executors die, it shall or may be lawful for the surviving executor = to bring=20 actions for the recovery of the possession thereof, and against = trespassers=20 thereon; to sell and "convey such real estate, or manage the same for = the=20 benefit of the persons interested therein." Act of March 12, 1800, 3 Sm. = L.=20 433.

JOINT STOCK BANKS. In England they are a species of quasi=20 corporations, or companies regulated by deeds of settlement; and, in = this=20 respect, the stand in the same situation as other unincorporated bodies. = But=20 they differ from the latter in this, that they are invested by certain = statutes=20 with powers and privileges usually incident to corporations. These = enactments=20 provide for the continuance of the partnership, notwithstanding a change = of=20 partners. The death, bankruptcy, or the sale by a partner of his share, = does not=20 affect the identity of the partnership; it, continues the same body, = under the=20 same name, by virtue of the act of parliament, notwithstanding these = changes. 7=20 Geo. IV., c. 46, s. 9.

JOINT TENANTS, estates. Two or more persons to whom are = granted land's=20 or tenements to hold in fee simple, fee tail, for life, for years, or at = will. 2=20 Black. Com. 179. The estate which they, thus hold is called an estate in = joint=20 tenancy. Vide Estate in joint tenancy; Jus accrescendi; Survivor.

JOINT TRUSTEES. Two or more persons who are entrusted with = property=20 for the benefit of one or more others.

2. Unlike joint executors, joint trustees cannot act separately, but = must=20 join both in conveyances and receipts, for one cannot sell without the = others,=20 or receive more of the consideration money, or be more a trustee than = his=20 partner. The trust having been given to the whole, it requires their = joint act=20 to do anything under it. They are not responsible for money received by = their=20 co-trustees, if the receipt be given for the mere purposes of form. But = if=20 receipts be given under circumstances purporting that, the money, though = not=20 received by both, was under the control of both, such a receipt shall = charge,=20 and the consent that the other shall misapply the money, particularly = where he=20 has it in his power to secure it, renders him responsible. 11 Serg. = & Rawle,=20 71. See 1 Sch. & Lef. 341; 5 Johns. Ch. R. 283; Fonbl. Eq. B. 2, c. = 7, s. 5;=20 Bac. Abr. Uses and Trusts, K; 2 Bro. Ch. R. 116; 3 Bro. Ch. R. 112. In = the case=20 of the Attorney General v. Randall, a different doctrine was held. Id. = pl.=20 9.

JOINTRESS or JOINTURESS. A woman who has an estate settled on = her by=20 her hushand, to hold during her life, if she survive him. Co. Litt. = 46.

JOINTURE, estates.. A competent livelihood of freehold for the = wife,=20 of lands and tenements; to take effect in profit or possession, = presently after=20 the death of the hushand, for the life of the wife at least.

2. Jointures are regulated by the statute of 27 Hen. VIII. o. 10, = commonly=20 called the statute of uses.

3. To make a good jointure, the following circumstances must concur, = namely;=20 1. It must take effect, in possession or profit, immediately from the = death of=20 the hushand. 2. It must be for the wife's life, or for some greater = estate. 3.=20 It must be limited to the wife herself, and not to any other person in = trust for=20 her. 4. It must be made in satisfaction for the wife's whole dower, and = not of=20 part of it only. 5. The estate limited to the wife must be expressed or = averred=20 to be, in satisfaction of her whole dower. 6. It must be made before = marriage. A=20 jointure attended with all these circumstances is binding on the widow, = and is a=20 complete bar to the claim of dower; or rather it prevents its ever = arising. But=20 there are other. modes of limiting an estate to a wife, which, Lord Coke = says,=20 are good jointures within the statute, provided the wife accepts of them = after=20 the death of the hushand. She may, however, reject them, and claim her = dower.=20 Cruise, Dig. tit. 7; 2 Bl. Com. 137; Perk. h. t. In its more enlarged = sense, a=20 jointure signifies a joint estate, limited to both hushand and. wife. 2 = 131.=20 Com. 137. Vide 14 Vin. Ab. 540; Bac. Ab. h. t.; 2 Bouv. Inst. n. 1761, = et=20 seq.

JOUR. A French word, signifying day. It is used in our old law = books,=20 as, tout jours, for ever. It is also frequently employed in the = composition of=20 words, as, journal, a day book; journeyman, a man 'who works by the day; = journeys account. (q. v.)

JOURNAL, mar. law. The book kept on board of a ship or other = vessel,=20 which contains an account of the ship's course, with a short history of = every=20 occurrence during the voyage. Another name for logbook. (q. v.) Chit. = Law of=20 Nat. 199. JOURNAL, common law. A book used among merchants, in = which the=20 contents of the waste-book are separated every month, and entered on the = debtor=20 and creditor side, for more convenient posting in the ledger.

JOURNAL, legislation. An account of the proceedings of a = legislative=20 body.

2. The Constitution of the United States, art. 1, s. 5, directs that = "each=20 house shall keep a journal of its proceedings; and from time to time = publish the=20 same, excepting such parts as may, in their judgment, require secrecy." = Vide 2=20 Story, Const., 301.

3. The constitutions of the several states contain similar = provisions.

4. The journal of either house is evidence of the action of that = house upon=20 all matters before it. 7 Cowen, R. 613 Cowp. 17.

JOURNEYS ACCOUNT, Eng. practice. When a writ abated without = any fault=20 of the plaintiff, he was permitted to sue out a new writ, within as = little time=20 as he possibly could after abatement of the first writ, which was quasi = a=20 continuance of the first writ, and placed him in a situation in which he = would=20 have been, supposing he had still, proceeded on that writ. This was = called=20 journeys account.

2. This mode of proceeding has fallen into disuse, the practice now = being to=20 permit that writ to be quashed, and torque out another. Vide Termes de = la Ley,=20 h. t.; Bac. Ab. Abatement, Q; 14 Vin. Ab. 558; 4 Com. Dig. 714; 7 Mann. = &=20 Gr. 762.

JUDEX. This word has several significations: 1. The judge, one = who=20 declares the law, quijus dicit; one who administers justice between the = parties=20 to a cause, when lawfully submitted to him. 2. The judicial power, or = the court.=20 3. Anciently, by judex was also understood a juror. Vide Judge.

JUDEX A Quo. A judge from whom an appeal may be taken; a judge = of a=20 court below. See A quo; 6 Mart. Lo. Rep. 520.

JUDEX AD OUEM. A judge to whom an appeal may be taken: a = superior=20 judge.

JUDGE. A public officer, lawfully appointed to decide = litigated=20 questions according to law. This, in its most extensive sense, includes = all=20 officers who are appointed to decide such questions, and not only judges = properly so called, but also justices of the peace, and jurors, who are = judges=20 of the facts in issue. See 4 Dall. 229; 3 Yeates, IR. 300. In a more = limited=20 sense, the term judge signifies an officer who is so named in his = commission,=20 and who presides in some court.

2. Judges are appointed or elected, in a variety of ways, in the = United=20 States they are appointed by the president, by and with the consent of = the=20 senate; in some of the states they are appointed by the governor, the = governor=20 and senate, or by the legislature. In the United States, and some of the = states,=20 they hold their offices during good behaviour; in others, as in New = York,=20 during, good behaviour, or until they shall attain a certain age and in = others=20 for a limited term of years.

3. Impartiality is the first duty of a judge; before he gives an = opinion, or=20 sits in judgment in a cause, he ought to be certain that he has no bias = for or=20 against either of the parties; and if he has any (the slightest) = interest in the=20 cause, he is disqualified from sitting as judge; aliquis non debet esse = judex in=20 propria causa; 8 Co. 118; 21 Pick. Rep. 101; 5 Mass. 92; 13 Mass. 340; 6 = Pick.=20 R. 109; 14 S. & R. 157-8; and when he is aware of such interest, he = ought=20 himself to refuse to sit on the case. It seems it is discretionary with = him=20 whether he will sit in a cause in which he has been of counsel. 2 Marsh. = 517;=20 Coxe, 164; see 2 Binn. 454. But the delicacy which characterizes the = judges in=20 this country, generally, forbids their sitting in such a cause.

4. He must not only be impartial, but he must follow and enforce the = law,=20 whether good or bad. He is bound to declare what the law is , and not to = make=20 it; he is not an arbitrator, but an interpreter of the law. It is his = duty to be=20 patient in the investigation of the case, careful in considering it, and = firm in=20 his judgment. He ought, according to Cicero, "never to lose sight that = he is a=20 man, and that he cannot exceed the power given him by his commission; = that not=20 only power, but public confidence has been given to him; that he ought = always=20 seriously to attend not to his wishes but to the requisitions of law, of = justice=20 and religion." Cic. pro. Cluentius. A curious case of judicial casuistry = is=20 stated by Aulus Gellius Att. Noct. lib: 14, cap. 2, which may be = interesting to=20 the reader.

5. While acting within the bounds of his jurisdiction, the judge is = hot=20 responsible for any error of judgment, nor mistake he may commit as a = judge. Co.=20 Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates, R. 443; N. & M'C. = 168; 1=20 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. = R. 395;=20 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 = Bay, 1, 69;=20 8 Wend. 468; 3 Marsh. R. 76,. When he acts corruptly, he may be = impeached. 5=20 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225.

6. A judge is not competent as a witness in a cause trying before = him, for=20 this, among other reasons, that he can hardly be deemed capable of = impartially=20 deciding on the admissibility of his own testimony, or of weighing. it = against=20 that of another. a Martln's R, N. S. 312. Vide, Com. Dig. Courts, B 4, C = 2, E 1,=20 P 16 justices, 1 1, 2, and 3; 14 Vin. Ab. 573; Bac. Ab. Courts, &c., = B; 1=20 Kent, Com. 291; Ayl. Parerg. 309; Story, Const. Index, h. t. See U. S. = Dig.=20 Courts, I, where will be found an abstract of various decisions relating = to the=20 appointment and powers of judges in different states. Vide Eguality;=20 Incompetency.;

JUDGE ADVOCATE. An officer who, is a member of a court = martial. 2. His=20 duties are to prosecute in the name of the United States, but he shall = so far=20 consider himself as counsel for the prisoner, after the prisoner shall = have made=20 his plea, as to object to leading questions to any of the witnesses, or = any=20 question to the prisoner, the answer to which might tend to criminate = himself.=20 He is further to swear the members of the court before they proceed upon = any=20 trial. Rules and Articles of War, art. 69, 2 Story, L. U. S. 1001; Lid. = Jud.=20 Adv. passim.

JUDGE'S NOTES. They are short statements, made by a judge on = the trial=20 of a cause, of what transpires in the course of such trial. They usually = contain=20 a statement of the testimony of witnesses; of documents offered or = admitted in=20 evidence; of offers of evidence and whether it has been received or = rejected,=20 and the like matters.

2. In general judge's notes are not evidence of what transpired at a = former=20 trial, nor can they be read to prove what a deceased witness swore to on = such=20 former trial, for they are no part of the record, and he is not = officially bound=20 to make them. But in chancery, when a new trial is ordered of an issue = sent out=20 of chancery to a court of law, and it is suggested that some of the = witnesses in=20 the former trial are of an advanced age, an order may be made that, in = the event=20 of death or inability to attend, their testimony may be read from the = judge's=20 notes. 1 Greenl. Ev. =A7166.

JUDGMENT, practice. The decision or sentence of the law, given = by a=20 court of justice or other competent tribunal, as the result of = proceedings=20 instituted therein, for the redress of an injury.

2. The language of judgments, therefore, is not that "it is decreed," = or "=20 resolved," by the court; but " it is considered," (consideratum est per = curiam)=20 that the plaintiff recover his debt, damages, or possession, as the case = may=20 require, or that the defendant do go without day. This implies that the = judgment=20 is not so much the decision of the court, as the sentence of the law = pronounced=20 and decreed by the court, after due deliberation and inquiry.

3. To be valid, a judicial judgment must be given by a competent = judge or=20 court, at a time and place appointed by law, and in the form it = requires. A=20 judgment would be null, if the judge had not jurisdiction of the matter; = or,=20 having such jurisdiction, he exercised it when there was no court held, = or but=20 of his district; or if be rendered a judgment before the cause was = prepared for=20 a hearing.

4. The judgment must confine itself to the question raised before the = court,=20 and cannot extend beyond it. For example, where the plaintiff sued for = an injury=20 committed on his lands by animals owned and kept carelessly by = defendant, the=20 judgment may be for damages, but it cannot command the defendant for the = future=20 to keep his cattle out of the plaintiff's land. That would be to usurp = the power=20 of the legislature. A judgment declares the rights which belong to the = citizen,=20 the law alone rules future actions. The law commands all men, it is the = same for=20 all, because it is general; judgments are particular decisions, which = apply only=20 to particular persons, and bind no others; they vary like the = circumstances on=20 which they are founded.

5. Litigious contests present to the courts facts to appreciate, = agreements=20 to be construed, and points of law to be resolved. The judgment is the = result of=20 the full examination of all these.

6. There are four kinds of judgments in civil cases, namely: 1. When = the=20 facts are admitted by the parties, but the law is disputed; as in case = of=20 judgment upon demurrer. 2. When the law is admitted, but the facts are = disputed;=20 as in, case of judgment upon a verdict. 3. When both the law and the = facts are=20 admitted by confession; as, in the case of cognovit actionem, on the = part of the=20 defendant; or nolle prosequi, on the part of the plaintiff. 4. By = default of=20 either party in the course of legal proceedings, as in the case of = judgment by=20 nihil disit, or non sum informatus, when the defendant has omitted to = plead or=20 instruct his attorney to do so, after a proper notice or in cases of = judgment by=20 non pros; or, as in case of nonsuit, when the plaintiff omits to follow = up his=20 proceedings.

7. These four species of judgments, again, are either interlocutory = or final.=20 Vide 3 Black. Com. 396; Bingh. on Judgm. 1. For the lien of judgment in = the=20 several estates, vide Lien.

8. A list of the various judgments is here given.

9. Judgment in assumpsit is either in favor of the plaintiff or = defendant;=20 when in favor of the plaintiff, it is that he recover a specified sum, = assessed=20 by a jury, or on reference to the prothonotary, or other proper officer, = for the=20 damages which he has sustained, by reason of the defendant's = non-performance of=20 his promises and undertakings, and for full costs of suit. 1 Chit. Pl. = 100. When=20 the judgment is for the defendant, it is that he recover his costs.

10. Judgment in actions on the case for torts, when for the = plaintiff, is=20 that he recover a sum of money ascertained by a jury for his damages = occasioned=20 by the committing of the grievances complained of, and the costs of = suit. 1 Ch.=20 Pl. 147. When for the defendant, it is for costs.

11. Judgment of cassetur breve, or billa, is in cases of pleas in = abatement=20 where the plaintiff prays that his "writ" or " bill" "may be quashed, = that he=20 may sue or exhibit a better one." Steph. Pl. 130, 131, 128 Lawes, Civ. = PI.

12. Judgment by confession. When instead of entering a plea, the = defendant=20 chooses to confess the action; or, after pleading; he does, at any time = before=20 trial, both confess the action and withdraw his plea or other = allegations; the=20 judgment against him, in these two cases, is called a judgment by = confession or=20 by confession relicta verificatione. Steph. Pl. 130.

13. Contradictory judgment. By this term is understood, in the state = of=20 Louisiana, a judgment which has been given after the parties have been = heard,=20 either in support of their claims, or in their defence. Code of Pract. = art. 535;=20 11 L. R. 366, 569. A judgment is called contradictory to distinguish it = from one=20 which is rendered by default.

14. Judgment in covenant; when for the plaintiff, is that he recover = an=20 ascertained sum for his damages, which he has sustained by reason of the = breach=20 or breaches of the defendant's covenant, together with costs of suit. 1 = Chitty's=20 Plead. 116, 117. When for the defendant, the judgment, is for costs.

15. Judgment in the action of debt; when for the plaintiff, is that = he=20 recover his debt, and in general, nominal damages for the detention = thereof; and=20 in cases under the 8 and 9 Wm. III. c. 11, it is also awarded, that the=20 plaintiff have execution for the damages sustained by the breach of a = bond,=20 conditioned for the performance of covenants; and that plaintiff recover = full=20 costs of suit. 1 Chitty's Pl. 108, 9.

16. In some penal and other particular actions the plaintiff does = not,=20 however, always recover costs. Espinasse on Pen. Act. 154: Hull. on = Costs, 200;=20 Bull. N. P. 333; 5 Johns. R. 251.

17. When the judgment is for the defendant, it is generally for = costs. In=20 some penal actions, however, neither party can recover costs, 5 Johns. = R.=20 251.

18. Judgment by default, is a judgment rendered in consequence of tho = non-appearance of the defendant, and is either by nil dicit; vide = Judgment by=20 nil dicit, or by non sum informatus; vide Judgment by non sum = informatus.

19. This judgment is interlocutory in assumpsit, covenant, trespass, = case,=20 and replevin, where the sole object of the action is damages; but in = debt,=20 damages not being the principal object of the action, the plaintiff = usually=20 signs final judgment in the first instance. Vide Com. Dig. Pleader, B 11 = and 12,=20 E 42; 7 Vin. Ab. 429; Doct. Pl. 208; Grah. Pr, 631 Dane's Ab. Index, h. = t.; 3=20 Chit. Pr. 671 to 680; Tidd's Pr. 563; 1 Lillv's Reg. 585; and article=20 Default.

20. Judgment in the action of detinue; when for the plaintiff, is in = the=20 alternative, that he recover the goods, or the value thereof, if he = cannot have=20 the goods themselves, and his damage for the detention and costs. 1 Ch. = Pl. l21,=20 2; 1 Dall. R. 458.

2l. Judgment in error, is a judgment rendered by a court ot error, on = a=20 record sent up, from an inferior court. These judgments are of two = kinds, of=20 affirmance and reversal. When the judgment is for the defendant in = error,=20 whether the errors assigned be in law or in fact, it is "that the former = judgment be affirmed, and stand in full force and effect, the said = causes and=20 matters assigned for error notwithstanding, and that the defendant in = error=20 recover $____ for his damages, charges and costs which he hath = sustained,"=20 &c. 2 Tidd's Pr. 1126; Arch. Forms, 221. When it is for the = plaintiff in=20 error, the judgment is that it be reversed or recalled. It is to be = reversed for=20 error in law, in this form, that it be reversed, annulled and altogether = holden=20 for nought." Arch. Forms, 224. For error in fact the, judgment is = recalled,=20 revocatur. 2 Tidd, Pr. 1126.

22. A final judgment is one which puts an end to the suit.

23. When the issue is one in fact, and is tried by a jury, the jury = at the=20 time that they try the issue, assess the damages, and the judgment is = final in=20 the first instance, and is that the plaintiff do recover the damages=20 assessed.

24. When an interlocutory judgment has been rendered, and a writ of = inquiry=20 has issued to ascertain the damages, on the return of the inquisition = the=20 plaintiff is entitled to a final judgment, namely, that he recover the = amount of=20 damages so assessed. Steph. Pl. 127, 128.

25. An interlocutory judgment, is one given in the course of a cause, = before=20 final judgment. When the action sounds in damages, and the issue is an = issue in=20 law, or when any issue in fact not tried by a jury is decided in favor = of the=20 plaintiff, then the judgment is that the plaintiff ought to recover his = damages=20 without specifying their amount; for, as there has been no trial by jury = in the=20 case, the amount of damages is not yet ascertained. The judgment is then = said to=20 be interlocutory.

26. To ascertain such damages it is the practice to issue a writ of = inquiry.=20 Steph. Pl. 127. When the action is founded on a promissory note, bond, = or other=20 writing, or any other contract by which the amount due may be readily = computed,=20 the practice is, in some courts, to refer it to the prothonotary or = clerk to=20 assess the damages.

27. There is one species of interlocutory judgment which establishes = nothing=20 but the inadequacy of the defence set up this is the judgment for the = plaintiff=20 on demurrer to a plea in abatement, by which it appears that the = defendant has=20 mistaken the law on a point which does not affect the merits of his = case; and it=20 being but reasonable that he should offer, if he can, a further defence, = that=20 judgment is that he do answer over, in technical language, judgment of=20 respondeat ouster. (q. v.) Steph. Plead, 126; Bac. Ab. Pleas, N. 4; 2 = Arch. Pr.=20 3.

28. Judgment of nil capiat per breve or per billam. When an issue = arises upon=20 a declaration or peremptory plea, and it is decided in favor of the = defendant,=20 the judgment is, in general, that, the plaintiff take nothing by his = writ, (or=20 bill,) and that the defendant go thereof without day, &c. This is = called a=20 judgment of nil capiat per breve, or per billam. Steph. Pl. 128.

29. Judgment by nil dicit, is one rendered against a defendant for = want of a=20 plea. The plaintiff obtains a rule on the defendant to plead within a = time=20 specified, of which he serves a notice on the defendant or his attorney; = if the=20 defendant neglect to enter a plea within the time specified, the = plaintiff may=20 sign judgment against him.

30. Judgment of nolle prosequi, is a judgment entered against the = plaintiff,=20 where, after appearance and before judgment, he says, "he will not = further=20 prosecute his suit." Steph. Pl. 130 Lawes Civ. Pl. 166.

31. Judgment of non obstante veredicto, is a judgment rendered in = favor of=20 the plaintiff, without regard to the verdict obtained by the = defendant.

32. The motion for such judgment is made where after a pleading by = the=20 defendant in confession and avoidance, as, for example, a plea in bar, = and issue=20 joined thereon, and verdict found for, the defendant, the plaintiff on=20 retrospective examination of the record, conceives that such plea was = bad in=20 substance, and might have been made the subject of demurrer on that = ground. If=20 the plea was itself substantially bad in law, of course the verdict, = which=20 merely shows it to be true in point of fact, cannot avail to entitle the = defendant to judgment; while on the other hand the plea being in = confession and=20 avoidance, involves a confession of the plaintiff's declaration, and = shows that=20 he was entitled. to maintain his action. In such case, therefore, this = court=20 will give judgment for the plaintiff, without regard to the verdict; and = this,=20 for the reasons above explained, is called a judgment upon confession. = Sometimes=20 it may be expedient for the plaintiff to move for judgment non obstante, = &c., even though the verdict be in his own favor; for, if in such = case as=20 above described, he takes judgment as upon the verdict, it seems that = such=20 judgment would be erroneous, and that the only safe course is to take it = as upon=20 confession. 1 Wils. 63; Cro. Eliz, 778 2 Roll. Ab. 99. See also, Cro. = Eliz. 2 1=20 4 6 Mod. 1 0; Str. 394; 1 Ld. Raym. 641; 8 Taunt. 413; Rast. Ent. 622; 1 = Wend.=20 307; 2 Wend. 624; 5 Wend. 513; 4 Wend. 468; 6 Cowen, R. 225. See this = Dict.=20 Repleader, for the difference between a repleader and a judgment non = obstante=20 veredicto.

33. Judgment by non sum informatus, is one which is rendered, when = instead of=20 entering a plea, the defendant's attorney says he is not informed of any = answer=20 to be given to the action. Steph. Pl. 130.

34. Judgment of non pros. (from non prosequitur,) is one given = against the=20 plaintiff, in any class of actions, for not declaring, or replying, or=20 surrejoining, &c., or for not entering the issue.

35. Judgment of nonsuit, Practice, is one against the plaintiff, = which=20 happens when, on trial by jury, the plaintiff, on being called or = demanded, at=20 the instance of the defendant, to be present while the jury give their = verdict,=20 fails to make his appearance.

36. In this case, no verdict is given, but the judgment of nonsuit = passes=20 against the plaintiff. So if, after issue be joined, the plaintiff = neglect to=20 bring such issue on to be tried in due time, as limited by the practice = of the=20 court, in the particular case, judgment will be also given against him = for this=20 default; and it is called judgment as in case of nonsuit. Stepb. Pl. = 131.

37. After suffering a nonsuit, the plaintiff may commence another = action for=20 the same cause for which the first had been instituted.

38. In some cases, plaintiffs having obtained information in what = manner the=20 jury had agreed upon their verdict before it was delivered in court, = have, when=20 the jury were ready to give in such verdict against them, suffered a = nonsuit for=20 the purpose of commencing another action and obtaining another trial. To = prevent=20 this abuse, the legislature of Pennsylvania have provided, by the Act of = March=20 28, 1814, 6:Reed's L. 208, that "whenever on the trial of any cause, the = jury=20 shall be ready to give in their verdict, the plaintiff shall not be = called, nor=20 shall he then be permitted to suffer a nonsuit."

39. Judgment quod computet. The name of an interlocutory judgment in = an=20 action of account render that the defendant do account, quod computet. = Vide 4=20 Wash. C. C. R. 84; 2 Watts, R. 95; 1 Penn. R. 138.

40. Judgment quod recuperet. When an issue in law, other than one = arising on=20 a dilatory plea, or an issue in fact, is decided in favor of the = plaintiff, the=20 judgment is, that the plaintiff do recover, which is called a judgment = guod=20 recuperet. Steph. Pl. 126; Com. Dig. Abatement, I 14, I 15; 2 Arch. Pr. = 3. This=20 judgment is of two kinds, namely, interlocutory or final.

41. Judgment in replevin, is either for the plaintiff or = defendant.

42. - =A71. For the plaintiff. 1. When the declaration is in the = detinuit, that=20 is, where the plaintiff declares, that the chattels "were detained until = replevied by the sheriff," the judgment is that he recover the damages = assessed=20 by the jury for the taking and unjust detention, or for the latter only, = where=20 the former was justifiable, as also his costs. 5 Serg. & Rawle, 133 = Ham. N.=20 P. 488.

43. - 2. If the replevin is in the detinet, that is, where the = plaintiff=20 declares that the chattels taken are " yet detained," the jury must = find, 'in=20 addition to the above, the value of the chattels, (assuming that they = are still=20 detained,) not in a gross sum, but each separate article; for tho = defendant,=20 perhaps, will restore some, in which case the plaintiff is to recover = the value=20 of the remainder. Ham. N. P. 489; Fitz. N. B. 159, b; 5 Serg. & = Rawle,=20 130.

44. - =A72. For the defendant. 1. If the replevin be abated, the = judgment is,=20 that the writ or plaint abate, and that the defendant (having avowed) = have a=20 return of the chattels.

46. - 2. When the plaintiff is nonsuited) the judgment for the = defendant, at=20 common law, is, that the chattels be restored to him, and this without = his first=20 assigning the purpose for which they were taken, because, by abandoning = his=20 suit, the plaintiff admits that he had no right to dispossess the = defendant by=20 prosecuting the replevin. The form of this judgment. is simply " to have = a=20 return, " without adding the words " to hold irreplevisable." Ham. N. P. = 490.

46. As to the form of judgments in cases of nonsuit, under the 21 = Hen. VIII.=20 c. 19, and 17 Car. II. c. 7, see Ham. N. P. 490, 491; 2 Ch. Pleacd. 161; = 8=20 Wentw. Pl. 116; 5 Serg. & Rawle, 132; 1 Saund. 195, n. 3; 2 Saund. = 286, n.=20 5. It is still in the defendant's option in these cases, to take his = judgment=20 pro retorno habendo at common law. 5 Serg. & Rawle, 132; 1 Lev. 265; = 3 T. R.=20 349.

47. - 3. When tho avowant succeeds upon the merits of his case, the = common=20 law judgment is, that he "have return irreplevisable," for it is = apparent that=20 he is by law entitled to keep possession of the goods. 5 Serg. & = Rawle, 135;=20 Ham. N. P. 493; 1 Chit. Pl. 162. For the form of judgments in favor of = the=20 avowant, under the last mentioned statutes, gee Ham. N. P. 494-5.

48. Judgment of respondeat ouster. When there is an issue in law, = arising on=20 a dilatory plea, and it is decided in favor of the plaintiff, the = judgment is=20 only that the defendant answer over, which is called a judgment of = respondeat=20 ouster. The pleading is accordingly resumed, and the action proceeds. = Steph. Pl.=20 126; see Bac. Abr. Pleas, N 4; 2 Arch. Pr. 3.

49. Judgment of retraxit, is one where, after appearance and before = judgment,=20 the, plaintiff enters upon the record that he "withdraws his suit;" in = such case=20 judgment is given against him. Stepb. Pl. 130.

50. Judgment in an action on trespass, when for the plaintiff, is, = that he=20 recover the damages assessed by the jury, and the costs. For the = defendant, that=20 he recover the costs.

51. Judgment in action on the case for trover, when for the = plaintiff, is,=20 that he recover damages and costs. 1 Ch. Pl. 157, For the defendant, the = judgment is, that he recover his costs.

52. Judgment of capiatur. At common law, on conviction, in a civil = action, of=20 a forcible wrong, alleged to have been committed vi et armis, &c., = the=20 defendant was obliged to pay a fine to the king, for the breach of the = peace=20 implied in the act, and a judgment of capiatur pro fine was rendered = against=20 him, under which he was liable to be arrested, and imprisoned till the = fine was=20 paid. But by the 5 W. & M. c. 12, the judgment of capiatur pro fine = was=20 abolished. Gould on Pl. =A738, 82; Bac. Ab. Fines and Amercements, C 1; = 1 Ld.=20 Raym. 273, 4; Style, 346. See Judgment of misericordia,

53. Judgment of misericordia. At common law, the party to, a suit who = did not=20 prevail was punished for his unjust vexation, and therefore judgment was = given=20 against him, quod sit in misericordia pro falso clamore. Hence, when the = plaintiff sued out a writ, the sheriff was obliged to take pledges of=20 prosecution before he returned it, which when fines and amercements were = considerable, were real and responsible persons, and answerable for = those=20 amercements; but now they are never levied, and the pledges are merely = formal,=20 namely, John Doe and Richard Roe. Bac. Ab. Fines, &c., C 1 1 Lord = Ray. 273,=20 4.

54. In actions where the judgment was against the defendant, it was = entered=20 at common law, with a misericordia or a capiatur. With a misericordia in = actions=20 on contracts, with a capiatur in actions of trespass, or other forcible = wrong,=20 alleged to have been committed vi et armis. See Judgment of capiatur; = Gould on=20 Pl. c. 4, =A7=A738, 82, 83.

55. Judgment quod partitio fiat, is a judgment, in a writ of = partition, that=20 partition be made; this is not a final judgment. The final judgment is, = quod=20 partitio facta firma et stabilis in perpetuum teneatur. Co. Litt. 169; 2 = Bl.=20 Rep. 1159.

56. Judgment quod partes replacitent. The name of a judgment given = when the=20 court award a repleader.

57. When issue is joined on an immaterial point, or a point on which = the=20 court cannot give a judgment determining the right, they award a = repleader or=20 judgment quod partes replacitent. See Bac. Ab. Pleas, &c., M; 3 = Hayw. 159;=20 Peck's R. 325. See, generally, Bouv. Inst. Index, h. t.

JUDGMENT, ARREST OF, practice. This takes place when the court = withhold judgment from the plaintiff on the ground that there is some = error=20 appearing on the face of the record, which vitiates the proceedings. In=20 consequence of such error, on whatever part of the record it may arise, = from the=20 commencement of the suit to the time when the motion in arrest of = judgment is=20 made, the court are bound to arrest the judgment.

2. It is, however, only with respect to objections apparent on the = record,=20 that such motions can be made. They cannot, in general, be made in = respect to=20 formal objections. This was formerly otherwise, and judgments were = constantly=20 arrested for matters of mere form; 3 Bl. Corn. 407; 2 Reeves, 448; but = this=20 abuse has been long remedied by certain statutes passed at different = periods,=20 called the statutes of amendment and jeofails, by the effect of which,=20 judgments, cannot, in general, now be arrested for any objection of = form. Steph.=20 Pl. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457; 1 Sell. Pr. 496.

JUDGMENT POLL, Eng. law. A record made of the issue roll, (q. = v.)=20 which, after final judgment has been given in the cause, assumes this = name.=20 Steph. Pl. 133. Vide Issue Roll.

JUDICATURE. The state of those employed in the administration = of=20 justice, and in this sense it is nearly synonymous with judiciary. This = term is=20 also used to signify a tribunal; and sometimes it is employed to show = the extent=20 of jurisdiction, as, the judicature is upon writs of error, &c. Com. = Dig.=20 Parliament, L 1; and see Com. Dig. Courts, A.

JUDICES PEDANEOS. Among the Romans, the praetors, and other = great=20 magistrates, did not themselves decide the actions which arose between = private=20 individuals these were submitted to judges chosen by the parties, and = these=20 judges were called judices pedaneos. In choosing them, the plaintiff had = the=20 right to nominate, and the defendant to accept or reject those = nominated.=20 Heinnee. Antiq. lib. 4, tit. b, n. 40 7 Toull. n. 353.

JUDICIAL. Belonging, or emanating from a judge, as such.

2. Judicial sales, are such as are ordered by virtue of the process = of=20 courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50.

3. A judicial writ is one issued in the progress of the cause, in=20 contradistinction to an original writ. 3 Bl. Com. 282.

4. Judicial decisions, are the opinions or determinations of the = judges in=20 causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & = Ald. 122 4=20 Barn. & Adol. 207 1 H. B1. 63; 5 M. & S. 185.

5. Judicial power, the authority vested in the judges. The = constitution of=20 the United States declares, that "the judicial power of the United = States shall=20 be vested in one supreme court, and in such inferior courts as the = congress may,=20 from time to time, ordain and establish." Art. 3, s. 1. 6. By the = constitutions=20 of the several states, the judicial power is vested in such courts as = are=20 enumerated in each respectively. See the names Of, the several states. = There is=20 nothing in the constitution of the United States to forbid or prevent = the=20 legislature of a state from exercising judicial functions; 2 Pet. R. = 413; and=20 judicial acts have occasionally been performed by the legislatures. 2 = Root, R.=20 350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 Pet. R. 660; 16 Mass. R. 328; = Walk. R.=20 258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip., R. = 77; 1 Aik.=20 R. 314. But a state legislature cannot annul the judgments, nor = determine the=20 jurisdiction of the courts of the United States; 5 Cranch, It. 116; 2 = Dall. R.=20 410; nor authoritatively declare what the law is, or has been, but what = it shall=20 be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; = 4 M. R.=20 451; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 = L. R.=20 438 7 M. R. 325; 9 M. R. 204; 10 M. R. 1.

JUDICIAL ADMISSIONS. Those which are generally made in writing = in=20 court by the attorney of the party; they appear upon the record, as in = the=20 pleadings and the like.

JUDICIAL CONFESSIONS, criminal law. Those voluntarily made = before a=20 magistrate, or in a court, in the due course of legal proceedings. A = preliminary=20 examination, taken in writing, by a magistrate lawfully authorized, = pursuant to=20 a statute, or the plea of guilty, made in open court to an indictment, = are=20 sufficient to found a conviction upon them.

JUDICIAL CONVENTIONS. Agreements entered into in consequence = of an=20 order of court; as, for example, entering into a bond on taking out a = writ of=20 sequestration. 6 N. S. 494.

JUDICIAL MORTGAGE. In Louisiana, it is the lien resulting from = judgments, whether these be rendered on contested cases, or by default, = whether=20 they be final or provisional, in favor of the person obtaining them. = Civ. Code=20 of Lo. art. 3289.

JUDICIAL SALE. A sale by authority of some competent tribunal, = by an=20 officer authorized by law for the purpose.

2. The officer who makes the sale, conveys all the rights of the = defendant,=20 or other person against whom the process has been issued, in the = property sold.=20 Under such a sale there is no warranty, either express or implied, of = the thing=20 sold. 9 Wheat. 616. When real estate is sold by the sheriff or marshal, = the sale=20 is subject to the confirmation of the court, or it may be set aside. See = 4 Wash.=20 C. C. R. 45 Wallace, 128; 4 Wash. C. C. R. 322.

JUDICIAL WRITS, Eng. practice. The capias and all other writs=20 subsequent to the original writ not issuing out of chancery, but from = the court=20 into which the original was returnable, and being grounded on what had = passed in=20 that court in consequence of the sheriff's return, were called judicial = writs,=20 in contradistinction to the writs issued out of chancery, which were = called=20 original writs. 3 Bl. Com. 282.

JUDICIARY. That which is done while administering justice; the = judges=20 taken collectively; as, the liberties of the people are secured by a = wise and=20 independent judiciary. See Courts; and 3 Story, Const. B. 3, c. 3 8.

JUDICIUM DEI. The judgment of God. The English law formerly = impiously=20 called the judgments on trials by ordeal, by battle, and the like, the = judgments=20 of God.

JUICIO DE CONCURSO. This term is Spanish, and is used in = Louisiana. It=20 is the name of an action brought for the purpose of making a = distribution of an=20 insolvent's estate. It differs from all other actions in this important=20 particular, that all the parties to it except the insolvent, are at once = plaintiffs and defendant. Each creditor is plaintiff against the failing = debtor,=20 to recover the amount due by him, and against the co-creditors, to = diminish the=20 amount they demand from his estate, and each is, of necessity, defendant = against=20 the opposition made by the other creditors against his demand. From the = peculiar=20 situation in which the parties are thus placed, many distinct and = separate suits=20 arise, and are decided during the pendancy of the main one, by the = insolvent in=20 which they originate. 4 N. S. 601, 3 Harr. Cond. Lo. R. 409.

JUNIOR. Younger.

2. This has been held to be no part of a man's name, but an addition = by use,=20 and a convenient distinction between a father and son of the same name. = 10 Mass.=20 R. 203 10 Paige, 170; 1 Pick. R. 388; 7 John . It. 549; 2 Caines, 164 1 = Pick.=20 388 15 Pick. 7; 17 Pick. 200 3 Metc. 330.

3. Any matter that distinguishes persons renders the addition of = junior or=20 senior unnecessary. 1 Mod. Ent. 35; Salk. 7. But if father and son have = both the=20 same name, the father shall be, prima facie, intended, if junior be not = added,=20 or some other matter of distinction. Salk, 7; 6 Rep. 20 11 Rep. 39; Hob. = 330. If=20 father and son have the same name and addition, and the former sue the = latter,=20 the writ is abateable unless the son have the further addition of = junior, or the=20 younger. But if the father be the defendant and the son the plaintiff, = there is=20 no need of the further addition of senior, or the elder, to the name of = the=20 father. 2 Hawk. 187; Laws of Women, 380.

JUNIPERUS SABINA, med. jur. This plant is commonly called = savine.

2. It is used for lawful purposes in medicine, but too frequently for = the=20 criminal intent of producing abortion, generally endangering the life of = the=20 woman. It is usually administered in powder or oil. The dose of oil for = lawful=20 purposes, for a grown person, is from two to four drops. Parr's Med. = Dictionary,=20 article Sabina. Fodere mentions a case where a large dose of powdered = savine had=20 been administered to an ignorant girl, in the seventh month of her = pregnancy,=20 which had no effect on the foetus. It was, however, near taking the life = of the=20 girl. Fodere, tome iv. p. 431. Given in sufficiently large doses, four = or six=20 grains in the form of powder, kills a dog in a few hours, and even its = insertion=20 into a wound has tho same effect. Orfila, Traite des Poisons, tome iii. = p. 42.=20 For or a form of indictment for administering savine to a woman quick = with=20 child, see 3 Chit. Cr. Law, 798. Vide 1 Beck's Med. Jur. 316,

JURA PERSONARUM. The rights and duties of persons are so = called.

JURA RERUM. The rights which a man may acquire in and to such = external=20 things as are unconnected with. his person, are called jura rerum. 2 Bl. = Com.=20 1.

JURA SUMMA IMPERII. Rights of sovereignty or supreme = dominion.

JURAMENTAE CORPORALIA. Corporal oaths. These oaths are so = called,=20 because the party making oath must touch the Bible, or other thing by = which he=20 swears.

JURAMENTUM JUDICIALE. A term in the civil law. The oath called = juramentum judiciale is that which the judge, of his wwn accord, defers = to=20 either of the parties.

2. It is of two kinds. 1st. That which the judge defers for the = decision of=20 the cause, and which is understood by the general name juramentum = judiciale, and=20 is sometimes called suppletory oath, juramentum suppletorium.

3. - 2d. That which the judge defers in order to fix and determine = the amount=20 of the condemnation which he ought to pronounce, and which is called = juramentum=20 in litem. Poth. on Oblig. P. 4, s. 3, art. 3.

JURAT Practice. That part of an affidavit where the officer = certifies=20 that the same was "sworn" before him.

2. The jurat is usually in the following form, namely "Sworn and = subscribed=20 before me, on the ____ day of _______, 1842, J. P. justice of the = peace."

3. In some cases it has been holden that it was essential that the = officer=20 should sign the jurat, and that it should contain his addition and = official=20 description. 3 Caines, 128. But see 6 Wend. 543; 12 Wend. 223; 2 Cowen. = 552 2=20 Wend. 283; 2 John. 479; Harr. Dig. h. t.; Am. Eq. Dig.

JURATA. A certificate placed at the bottom of an affidavit, = declaring=20 that the witness has been sworn or affirmed to the truth of the facts = therein=20 alleged. Its usual form is,: Sworn (or affirmed) before me, the ____ day = of=20 ____, 10 __." The Jurat. (q. v.)

JURATS, officers. In some English corporations, jurats are = officers=20 who have much the same power as aldermen in others. Stat. 1 Ed. IV. = Stat. 2=20 & 3 Ed. VI. c. 30; 13 Ed. I., c. 26.

JURE. By law; by right; in right; as, jure civilis, by the = civil law;=20 jure gentium, by the law of nations; jure representationis, by right of=20 representation; jure uxoris, in right of a wife.

JURIDICAL. Signifies used in courts of law; done in conformity = to the=20 laws of the country, and the practice which is there observed.

JURIDICAL DAYS. Dies juridici. Days in court on which the law = is=20 administered.

JURIS ET DE JURE. A phrase employed to denote conclusive = presumptions=20 of law, which cannot be rebutted by evidence. The words signify of law = and from=20 law. Best on Presumption, =A717.

JURISCONSULT. One well versed in jurisprudence; a jurist: one = whose=20 profession it is to give counsel on questions of law.

JURISDICTION, Practice. A power constitutionally conferred = upon a=20 judge or magistrate, to take cognizance of, and decide causes according = to law,=20 and to carry his sentence into execution. 6 Pet. 591; 9 John. 239. The = tract of=20 land or district within which a judge or magistrate has jurisdiction, is = called=20 his territory, and his power in relation to his territory is called his=20 territorial jurisdiction.

2. Every act of jurisdiction exercised by a judge without his = territory,=20 either by pronouncing sentence or carrying it into execution, is null. = An=20 inferior court has no jurisdiction beyond what is expressly delegated. 1 = Salk.=20 404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311; and see Bac. = Ab.=20 Courts, &c., C, et seq; Bac. Ab. Pleas, E 2.

3. Jurisdiction is original, when it is conferred on the court in the = first=20 instance, which is called original jurisdiction; (q. v.) or it is = appellate,=20 which is when an appeal is given from the judgment of another court.=20 Jurisdiction is also civil, where the subject-matter to be tried is not = of a=20 criminal nature; or criminal, where the court is to punish crimes. Some = courts=20 and magistrates have both civil and criminal jurisdiction. Jurisdiction = is also=20 concurrent, exclusive, or assistant. Concurrent jurisdiction is that = which may=20 be entertained by several courts. It is a rule that in cases of = concurrent=20 jurisdictions, that which is first seized of the case shall try it to = the=20 exclusion of the other. Exclusive jurisdiction is that which has alone = the power=20 to try or determine the Suit, action, or matter in dispute. assistant=20 jurisdiction is that which is afforded by a court of chancery, in aid of = a court=20 of law; as, for example, by a bill of discovery, by the examination of = witnesses=20 de bene esse, or out of the jurisdiction of the court; by the = perpetuation of=20 the testimony of witnesses, and the like.

4. It is the law which gives jurisdiction; the consent of, parties, = cannot,=20 therefore, confer it, in a matter which the law excludes. 1 N. & M. = 192; 3=20 M'Cord, 280; 1 Call. 55; 1 J. S. Marsh. 476; 1 Bibb, 263; Cooke, 27; = Minor, 65;=20 3 Litt. 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441; 1 = Const. R.=20 478. But where the court has jurisdiction of the matter, and the = defendant has=20 some privilege which exempts him from the jurisdiction, he may wave the=20 privilege. 5 Cranch, 288; 1 Pet. 449; 8 Wheat. 699; 4 W. C. C. R. 84; 4 = M'Cord,=20 79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213.

5. Courts of inferior jurisdiction must act within their = jurisdiction, and so=20 it must appear upon the record. 5 Cranch, 172 Pet. C. C. R. 36; 4 Dall. = 11; 2=20 Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513; Pr. Dec. 380; 2 Verm. = 329; 3=20 Verm. 114; 10 Conn. 514; 4 John. 292; 3 Yerg. 355; Walker, 75; 9 Cowen, = 227; 5=20 Har. & John. 36; 1 Bailey, 459; 2 Bailey, 267. But the legislature = may, by a=20 general or special law, provide otherwise. Pet. C. C. R. 36. Vide 1 = Salk. 414;=20 Bac. Ab. Courts, &c., C. D; Id. Prerogative, E 6; Merlin, Rep. h. = t.; Ayl.=20 Pat. 317, and the art. Competency. As to the force of municipal law = beyond the=20 territorial jurisdiction of the state, see Wheat. Intern. Law, part a, = c. 2, =A77,=20 et seq.; Story, Confl. of Laws, c. 2; Huberus, lib. 1, t. 3; 13 Mass. R. = 4 Pard.=20 Dr. Com. part. 6, t. 7, c. 2, =A71; and the articles Conflict of Laws; = Courts of=20 the United States. See generally, Bouv. Inst. Index, h. t.

JURISDICTION CLAUSE. That part of a bill in chancery which is = intended=20 to give jnrisdiction of the suit to, the court, by a general averment = that the'=20 acts complained of are contrary to equity, and tend to the injury of the = plaintiff, and that. he has no remedy, or not a complete remedy, without = the=20 assistance of a court of equity, is called the jurisdiction clause. = Mitf. Eq.=20 Pl. by Jeremy, 43.

2. This clause is unnecessary, for if the court appear from the bill, = to have=20 jurisdiction, the bill will be sustained without this clause; and if the = court=20 have not jurisdiction, the bill will be dismissed though the clause may = be=20 inserted. Story, Eq. Pl. =A734.

JURISPRUDENCE. The science of the law. By science here, is = understood=20 that connexion of truths which is founded on principles either evident = in=20 themselves, or capable of demonstration; a collection of truths of the = same=20 kind, arranged in methodical order. In a more confined sense, = jurisprudence is=20 the practical science of giving a wise interpretation to the laws, and = making a=20 just application of them to all cases as they arise. In this sense, it = is the=20 habit of judging the same questions in the same manner, and by this = course of=20 judgments forming precedents. 1 Ayl. Pand. 3 Toull. Dr. Civ. Fr. tit. = prel. s.=20 1, n. 1, 12, 99; Merl. Rep. h. t.; 19 Amer. Jurist, 3.

JURIST. One well versed in the science of the law. The term = i's=20 usually applied to students and practitioners of law.

JUROR, practice. From juro, to swear; a man who is sworn or = affirmed=20 to serve on a jury.

2. Jurors are selected from citizens, and may be compelled to serve = by fine;=20 they generally receive a compensation for their services while attending = court=20 they are privileged from arrest in civil cases.

JURY. A body of men selected according to law, for the purpose = of=20 deciding some controversy.

2. This mode of trial by jury was adopted soon after the conquest of = England,=20 by William, and was fully established for the trial of civil suits in = the reign=20 of Henry II. Crabb's C. L. 50, 61. In the old French law they are called = inquests or tourbes of ten men. 2 Loisel's Instit. 238, 246, 248.

3. Juries are either grand juries, (q. v.) or petit juries. The = former having=20 been treated of elsewhere, it will only be necessary to consider the = latter. A=20 petit jury consists of twelve citizens duly qualified to serve on = juries,=20 impanneled and sworn to try one or more issues of facts submitted to = them, and=20 to give a judgment respecting the same, which is called a verdict.

4. Each one of the citizens so impanneled and sworn is called a = juror. Vide=20 Trial.

5. The constitution of the United States directs, that "the trial of = all=20 crimes, except in cases of impeachment, shall be by jury;" and this = invaluable=20 institution is also, secured by the several state constitutions. The=20 constitution of the United States also provides that in suits at common = law,=20 where the value in controversy shall exceed twenty dollars, the right of = trial=20 by jury shall be preserved. Amendm. VII.

6. It is scarcely practicable to give the rules established in the = different=20 states to secure impartial juries; it may, however, be stated that in = all, the=20 selection of persons who are to serve on the jury is made by = disinterested=20 officers, and that out of -the lists thus made out, the jurors are = selected by=20 lot.

JURY BOX. A place set apart for the jury to sit in during the = trial of=20 a cause. JURY LIST. A paper containing the names of jurors = impanneled to=20 try a cause, or it contains the names of all the jurors summoned to = attend=20 court.

JUS. Law or right. This term is applied in many modern = phrases. It is=20 also used to signify equity. Story, Eq. Jur. =A71; Bract, lib. 1, c. 4, = p. 3;=20 Tayl. Civ. Law, 147; Dig. 1, 1, 1.

2. The English law, like the Roman, has its jus antiquum and jus = novum and=20 jus novissimum. The jus novum may be supposed to have taken its origin = about the=20 end of the reign of Henry VII. A. D. 1509. It assumed a regular form = towards the=20 end of the reign of Charles II. A. D. 1685, and from that period the jus = novissimum may be dated. Lord Coke, who was born 40 years after the = death of=20 Henry VII. is most advantageously considered as the connecting link of = the jus=20 antiquum and jus novissimum of English law. Butler's Remin.

JUS ABUTENDI. The right to abuse. By this phrase is understood = the=20 right to abuse property, or having full dominion over property. 3 Toull. = n.=20 86.

JUS ACCRESCENDI. The right of survivorship.

2. At common law, when one of several joint tenants died, the entire = tenancy=20 or estate went to the survivors, and so on to the last survivor, who = took an=20 estate of inheritance. This right, except in estates held in trust, has = been=20 abolished by statute in Alabama, Delaware, Georgia, Illinois, Indiana, = Kentucky,=20 Michigan, Missouri Mississippi, New York, North Carolina, Pennsylvania,=20 South-Carolina, Tennessee, and Virginia. Griff. Reg. h. t.; 1 Hill. Ab. = 439,=20 440. In Connecticut, 1 Root, Rep. 48; 1 Swift's Dig. 102. In Louisiana, = this=20 right was never recognized. See 11 Serg. & R. 192; 2 Caines, Cas. = Err. 326;=20 3 Verm. 543; 6 Monr. R. 15; Estate in common; Estate in joint = tenancy.

JUS AD REM. property, title. This phrase is applied to = designate the=20 right a man has in relation to a thing; it is not the right in the thing = itself,=20 but only against the person who has contracted to deliver it. It is a = mere=20 imperfect or inchoate right. 2 Bl. Com. 312 Poth. Dr. de Dom. de = Propriete, ch.=20 prel. n. 1. This phrase is nearly equivalent to chose in action. 2 = Wooddes.=20 Lect. 235. See, 2 P. Wms. 491; 1 Mason, 221 1 Story, Eq. Jur. 506; 2 = Story, Eq.=20 Jur. =A71215; Story, Ag. =A7352; and Jus in re.

JUS AQUAEDUCTUS, CIV. law. The name of a servitude which Lives = to the=20 owner of land the right to bring down water through or from the land of = another,=20 either from its source or from any other place.

2. Its privilege may be limited as to the time when it may be = exercised. If=20 the source fails, the servitude ceases, but revives when the water = returns. If=20 the water rises in, or naturally flows through the land, its proprietor = cannot=20 by any grant divert it so as to prevent it flowing to the land below. 2 = Roll.=20 Ab. 140, l. 25; Lois des Bat. part. 1, c. 3, s. 1, art. 1. But if it had = been=20 brought. into his land by artificial means, it seems it would be, = strictly his=20 property, and that it would be in his power to grant it. Dig. 8, 3, 1 = & 10;=20 3 Burge on the Confl. of Laws, 417. Vide Rain water.; River; = Water-course.

JUS CIVILE. Among the Romans by jus civile was understood the = civil=20 law, in contradistinction to the public law, or jus gentium. 1 Savigny, = Dr. Rom.=20 c. 1, =A71.

JUS CIVITATIS. Among the Romans the collection of laws which = are to be=20 observed among all the members of a nation were so called. It is opposed = to jus=20 gentium, which is the law which regulates the affairs of nations among=20 themselves. 2 Lepage, El. du Dr. ch. 5, page l.

JUS CLOACAE, civil law. The name of a servitude which requires = the=20 paity who is subject to it, to permit his neighbor to conduct the waters = which=20 fall on his grounds over those of the servient estate.

JUS DARE. To give or to make the law. Jus dare belongs to the=20 legislature; jus dicere to the judge.

JUS DICERE. To declare the law. This word is used to explain = the power=20 which the court has to expound the law; and not to make it, jus = dare.

JUS DELIBERANDI. The right of deliberating, which in some = countries,=20 where the heir may have benefit of inventory, (q. v.) is given to him to = consider whether he will accept or renounce the succession.

2. In Louisiana he is allowed ten days before he is required to make = his=20 election. Civ. Code, art. 1028.

JUS DISPONENDI. The right to dispose of a thing.

JUS DUPLICATUM, property, title. When a man has the possession = as well=20 as the property of anything, he is said to have a double right, jus = duplicatum.=20 Bract. 1. 4, tr. 4, c. 4 2 Bl. Com. 199.

JUS FECIALE. Among the Romans it was that species of = international law=20 which had its foundation in the religious belief of different nations, = such as=20 the international law which now exists among the Christian people of = Europe.=20 Sav. Dr. Rom. ch. 2,

JUS FIDUCIARUM, Civil law. A right to something held in trust; = for=20 this there was a remedy in conscience. 2 Bl. Com. 328.

JUS GENTIUM. The law of nations. (q. v.) Although the Romans = used=20 these words in the sense we attach to law of nations, yet among them the = sense=20 was much more extended. Falck, Encyc. Jur. 102, n. 42.

2. Some modern writers have made a distinction between the laws of = nations=20 which have for their object the conflict between. the laws of different = nations,=20 which they call jus gentium privatum, or private international law; and = those=20 laws of nations which regulate those matters which nations, as such, = have with=20 each other, which is de nominated jus gentium publicum, or public = international=20 law. Foelix, Droit Interm. Prive, n. 14.

JUS GLADII. Supreme jurisdiction. The right to absolve from, = or=20 condemn a man to death.

JUS HABENDI. The right to have and enjoy a thing.

JUS INCOGNITUM. An unknown law. This term is applied by the = civilians=20 to obsolete laws, which, as Bacon truly observes, are unjust, for the = law to be=20 just must give warning before it strikes. Bac. Aphor. 8, s. 1: Bowy. = Mod. Civ.=20 Law, 33. But until it has become obsolete no custom can prevail against = it. Vide=20 Obsolete.

JUS LEGITIMUM, civil law. A legal right which might have been = enforced=20 by due course of law.. 2 Bl. Com. 328.

JUS MARITI, Scotch law. The right of the hushand to = administer, during=20 the marriage, his wife's goods and the rents of her heritage.

2. In the common law, by jus mariti is understood the rights of the = hushand;=20 as, jus mariti cannot attach upon a bequest to the wife, although given = during=20 coverture, until the executor has assented to the legacy. 1 Bail. Eq. R. = 214.

JUS MERUM. A simple or bare right; a right to property in = land,=20 without possession, or the right of possession.

JUS PATRONATUS, eccl. law. A commission from the bishop, = directed=20 usually to his chancellor and others of competent learning, who are = required to=20 summon a jury composed of six clergymen and six laymen, to inquire into = and=20 examine who is the rightful patron. 3 Bl. Com. 246.

JUS PERSONARUM. The right of persons.

2. A branch of the law which embraces the theory of the different = classes of=20 men who exist in a state which has been formed by nature or by society; = it=20 includes particularly the theory of the ties of families, and the legal = form and=20 juridical effects of the relations subsisting between them. The Danes, = the=20 English, and the learned in this country, class under this head the = relations=20 which exist between men in a political point of view. Blackstone, among = others,=20 has adopted this classification. There seems a confusion of ideas when = such=20 matters are placed under this head. Vide Bl. Com. Book 1.

JUS PRECARIUM, civil law. A right to a thing held for another, = for=20 which there was no remedy. 2 Bl. Com. 328.

JUS POSTLIMINII, property, title. The right to claim property = after=20 re-capture. Vide, Postliminy; Marsh. Ins. 573; 1 Kent, Com. 108. Dane's = Ab.=20 Index, h. t.

JUS PROJICIENDI, Civil law. The name of a servitude; it is the = right=20 which the owner of a building has of projecting a part of his building = towards=20 the adjoining house, without resting on the latter. It is extended = merely over=20 the ground. Dig. 50, 16, 242, 1; Dig. 8, 2, 25; Dig. 8, 5, 8, 5.

JUS PROTEGENDI, civil law. The name of a servitude; it is a = right by=20 which a part of the roof or tiling of one house is made to extend over = the=20 adjoining house. Dig. 50, 16, 242, 1 Dig. 8, 2, 25; Dig. 8, 5, 8, 5.

JUS QUAESITUM. A right to ask or recover; for example, in an=20 obligation there is a binding of the obligor, and a jus quaesitum in the = obligee. 1 Bell's Com. 323, 5th ed.

JUS IN RE, property, title. The right which a man has in a = thing by=20 which it belongs to him. It is a complete and full right. Poth. Dr. de = Dora. de=20 Prop. n. 1.

2. This phrase of the civil law conveys the same idea as thing, in = possession=20 does with us. 4 Wooddes. Lect. 235; vide 2 P. Wins. 491; 1 Mason, 221; 1 = Story,=20 Eq. Jur. =A7506; 2 Story, Eq. Jur. =A71215; Story, Ag. =A7352; and Jus = ad rem.

JUS RELICTA, Scotch law. The right of a wife, after her = hushand's=20 death, to a third of movables, if there be children; and to one-half, if = there=20 be none.

JUS RERUM. The right of things. Its principal object is to = ascertain=20 how far a person can have a permanent dominion over things, and how that = dominion is acquired. Vide Bl. Com. Book 2.

JUS STRICTUM. A Latin phrase, which signifies law interpreted = without=20 any modification, and in its utmost rigor.

JUS UTENDI. The right to use property, without destroying its=20 substance. It is employed in contradistinction to the jus abutendi. (q. = v.) 3=20 Toull. n. 86.

JUST. This epithet is applied to that which agrees with a = given law=20 which is the test of right and wrong. 1 Toull. prel. n. 5 Aust. Jur. = 276, n. It=20 is that which accords with the perfect rights of others. Wolff, Inst. = =A783;=20 Swinb. part 1, s. 2, n. 5, and part 1, =A74, n. 3. By just is also = understood full=20 and perfect, as a just weight Swinb. part 1, s. 3, U. 5.

JUSTICE. The constant and perpetual disposition to render = every man=20 his due. Just. Inst. B. 1, tit. 1. Toullier defines it to be the = conformity of=20 our actions and our will to the law. Dr. Civ. Fr. tit. prel. n. 5. In = the most=20 extensive sense of the word, it differs little from virtue, for it = includes=20 within itself the whole circle of virtues. Yet the common distinction = between=20 them is that that which considered positively and in itself, is called = virtue,=20 when considered relatively and with respect to others, has the name of = justice.=20 But justice being in itself a part of virtue, is confined to things = simply good=20 or evil, and consists in a man's taking such a proportion of them as he=20 ought.

2. Justice is either distributive or commutative. Distributive = justice is=20 that virtue whose object is to distribute rewards and punishments to = each one=20 according to his merits, observing a just proportion by comparing one = person or=20 fact with another, so that neither equal persons have unequal things, = nor=20 unequal persons things equal. Tr. of Eq. 3, and Toullier's learned note, = Dr.=20 Civ. Fr. tit. prel. n. 7, note.

3. Commutative justice is that virtue whose object it is to render to = every=20 one what belongs to him, as nearly as may be, or that which governs = contracts.=20 To render commutative justice, the judge must make an equality between = the=20 parties, that no one may be a gainer by another's loss. Tr. Eq. 3.

4. Toullier exposes the want of utility and exactness in this = division of=20 distributive and commutative justice, adopted in the compendium or = abridgments=20 of the ancient doctors, and prefers the division of internal and = external=20 justice; the first being a conformity of our will, and the latter a = conformity=20 of our actions to the law: their union making perfect justice. Exterior = justice=20 is the object of jurisprudence; interior justice is the object of = morality. Dr.=20 Civ. Fr. tit. prel. n. 6 et 7.

5. According to the Frederician code, part 1, book 1, tit. 2, s. 27, = justice=20 consists simply in letting every one enjoy the rights which he has = acquired in=20 virtue of the laws. And as this definition includes all the other rules = of=20 right, there is properly but one single general rule of right, namely, = Give=20 every one his own. See, generally, Puffend. Law of Nature and Nations, = B. 1, c.=20 7, s. 89; Elementorum Jurisprudentiae Universalis, lib. 1, definito, 17, = 3, 1;=20 Gro. lib. 2, c. 11, s. 3; Ld. Bac. Read. Stat. Uses, 306; Treatise of = Equity, B.=20 1, c. 1, s. 1.

JUSTICES. Judges. Officers appointed by a competent authority = to=20 administer justice. They are so called, because, in ancient times the = Latin word=20 for judge was justicia. This term is in common parlance used to = designate=20 justices of the peace.

JUSTICES IN EYRE. They were certain judges established if not = first=20 appointed, A. D. 1176, 22 Hen. II. England was divided into certain = circuits,=20 and three justices in eyre, or justices itinerant, as they were = sometimes=20 called, were appointed to each district, and made the circuit of the = kingdom=20 once in seven years for the purpose of trying causes. They were = afterwards=20 directed by Magna Charta, c. 12, to be sent into every county once a = year. The=20 itinerant justices were sometimes mere justices of assize or dower, or = of=20 general gaol delivery, and the like. 3 Bl. Com. 58-9; Crabb's Eng. Law, = 103-4.=20 Vide Eire.

JUSTICES OF THE PEACE. Public officers invested with judicial = powers=20 for the purpose of preventing breaches of the peace, and bringing to = punishment=20 those who have violated the law.

2. These officers, under the Constitution of the United States and = some of=20 the states, are appointed by the executive in others, they are elected = by the=20 people, and commissioned by the executive. In some states they hold = their office=20 during good behaviour, in others for a limited period.

3. At common law, justices of the peace have a double power in = relation to=20 the arrest of wrong doers; when a felony or breach of the peace has been = committed in their presence, they may personally arrest the offender, or = command=20 others to do so; and in order to prevent the riotous consequences of a=20 tumultuous assembly, they may command others to arrest affrayers, when = the=20 affray has been committed in their presence. If a magistrate be not = present when=20 a crime is committed, before he can take a step to arrest the offender, = an oath=20 or affirmation must be made by some person cognizant of the fact that = the=20 offence has been committed, and that the person charged is the offender, = or=20 there is probable cause to believe that he has committed the = offence.

4. The Constitution of the United States directs, that "no warrants = shall=20 issue, but upon probable cause, supported by oath or affirmation." = Amendm. IV.=20 After his arrest, the person charged is brought before the justice of = the peace,=20 and after bearing he is discharged, held to bail to answer to the = complaint, or,=20 for want of bail, committed to prison.

5. In some, perhaps all the United States, justices of the peace have = jurisdiction in civil cases, given to them by local regulations. In=20 Pennsylvania, their jurisdiction in cases of contracts, express or = implied,=20 extends to one hundred dollars. Vide, generally, Burn's Justice; = Graydon's=20 Justice Baches Manual of a Justice of the Peace Com. Dig. h. t.; 15 Vin. = Ab. 3;=20 Bac. Ab. h. t.; 2 Sell. Pr. 70; 2 Phil. Ev. 239; Chit. Pr. h. t.; Amer. = Dig. h.=20 t.

JUSTICIAR, or JUSTICIER. A judge, or justice the same as=20 justiciary.

JUSTICIARII ITINERANTES, Eng. law. They were formerly = justices, who=20 were so called because they went from county to county to administer = justice.=20 They were usually called justices in eyre, (q. v.) to distinguish them = from=20 justices residing at Westminster, who were called justicii residentes. = Co. Litt.=20 293. Vide Itinerant.

JUSTICIARII RESIDENTES, Eng. law. They were justices or = judges, who=20 usually resided in Westminster; they were so called to distinguish them = from=20 justices in eyre. Co. Litt. 293. Vide Justiciarii Itinerantes.

JUSTICIARY, officer. Another name for a judge. In Latin, he = was called=20 justiciciarius, and in French, justicier. Not used. Bac. Ab. Courts and = their=20 Jurisdiction, A.

JUSTICIES, Eng. law. The name of a writ which acquires its = name from=20 the mandatory words which it contains, "that you do A B justice."

2. The county court has jurisdiction in cases where damages are = claimed, only=20 to a certain amount; but sometimes suits are brought there, when greater = damages=20 are claimed. In such cases, an original writ, by this name, issues out = of=20 chancery, in order to give the court jurisdiction. See 1 Saund. 74, n. = 1.

JUSTIFIABLE HOMICIDE. That which is committed with the = intention to=20 kill, or to do a grievous bodily injury, under circumstances which the = law holds=20 sufficient to exculpate the person who commits it.

2. It is justifiable, 1. When a judge or other magistrate acts in = obedience=20 to the law. 2. When a ministerial officer acts in obedience to a lawful = warrant,=20 issued by a competent tribunal. 3. When a subaltern officer, or soldier, = kills=20 in obedience to the lawful commands of his superior. 4. When the party = kills in=20 lawful self-defence.

3. - =A71. A judge who, in pursuance of his duty, pronounces sentence = of death,=20 is not guilty of homicide; for it is evident, that as the law prescribes = the=20 punishment of death for certain offences, it must protect those who are=20 entrusted with its execution. A judge, therefore, who pronounces = sentence of=20 death, in a legal manner, on a legal indictment, legally brought before = him, for=20 a capital offence committed within his jurisdiction, after a lawful = trial and=20 conviction, of the defendant, is guilty of no offence.

4. - 2. Magistrates, or other officers entrusted with the = preservation of the=20 public peace, are justified in committing homicide, or giving orders = which lead=20 to it, if the excesses of a riotous assembly cannot be otherwise be=20 repressed.

5 - =A72. An officer entrusted with a legal warrant, criminal or = civil, and=20 lawffully commanded by a competent tribunal to execute it, will be = justified in=20 committing homicide, if, in the course of advancing to discharge his = duty, he be=20 brought into such perils that, without doing so, he cannot either save = his life,=20 or discharge the duty which he is commanded by the warrant to perform. = And when=20 the warrant commands him to put a criminal to death, he is justified in = obeying=20 it.

6. - =A73. A soldier on duty is justified in committing homicide, in = obedience=20 to the command of his officer, unless the command was something plainly=20 unlawful.

7. - =A74. A private individual will, in many cases, be justified in = committing=20 homicide, while acting in self-defence. See Self-defence. Vide, = generally, 1=20 East, P. C. 219; Hawk. B. 1, c. 28, s. 1, n. 22; Allis. Prin. 126-139; 1 = Russ.=20 on Cr. 538; Bac. Ab. Murder, &c., E; 2 Wash. C. C. 515; 4 Mass. 891; = 1=20 Hawkes, 210; 1 Coxes R. 424; 5 Yerg. 459; 9 C. & P. 22; S. C. 38 = Eng. C. L.=20 R. 20.

JUSTIFICATION. The act by which a party accused shows and = maintains a=20 good and legal reason in court, why he did the thing he is called upon = to=20 answer.

2. The subject will be considered by examining, 1. What acts are = justifiable.=20 2. The manner of making the justification. 3. Its effects.

3. - =A71. The acts to be justified are those committed with a = warrant, and=20 those committed without a warrant. 1. It is a general rule, that a = warrant or=20 execution, issued by a court haviug jurisdiction, whether the same be = right or=20 wrong, justifies the officer to whom it is directed and who is by law = required=20 to execute it, and is a complete justification to the officer for = obeying its=20 command. But when the warrant is not merely voidable, but is absolutely = void,=20 as, for want of jurisdiction in the court which issued it, or by reason = of the=20 privilege of the defendant, as in the case of the arrest of an = ambassador, who=20 cannot waive his privilege and immunities by submitting to be arrested = on such=20 warrant, the officer is no longer justified. 1 Baldw. 240; see 4 Mass. = 232; 13=20 Mass. 286, 334; 14 Mass. 210. 2. A person may justify many acts, while = acting=20 without any authority from a court or magistrate. He may justifiably, = even, take=20 the life of an aggressor, while acting in the defence of himself, his = wife,=20 children, and servant, or for the protection of his house, when attacked = with a=20 felonious intent, or even for the protection of his personal property. = See=20 Self-defence. A man may justify what would, otherwise, have been a = trespass, an=20 entry on the land of another for various purposes; as, for example, to = demand a=20 debt due to him by the owner of the land to remove chattels which belong = to him,=20 but this entry must be peaceable; to exercise an incorporeal right; ask = for=20 lodging's at an inn. See 15 East, 615, note e; 2 Lill. Ab. 134; 15 Vin. = Ab. 31;=20 Ham. N. P. 48 to 66; Dane's Ab. Index, h. t.; Entry. It is an ancient = principle=20 of the common law, that a trespass may be justified in many cases. Thus: = a man=20 may enter on the land of another, to kill a fox or otter, which are = beasts=20 against the common profit. 11 H. VIII. 10. So, a house may be pulled = down if the=20 adjoining one be on fire, to prevent a greater destruction. 13 H. VIII. = 16, b.=20 Tua res agitur paries cum proximus ardet. So, the suburbs of a city may = be=20 demolished in time of war, for the good of the commonwealth. 8 Ed. IV. = 35, b.=20 So, a man may enter on his neighbor to make a bulwark in defence of the = realm.=20 21 H. VIII. b. So, a house may be broken to arrest a felon. 13 Ed. IV. = 9, a;=20 Dodd. Eng. Lawy. 219, 220. In a civil action, a man may justify a libel, = or=20 slanderous words, by proving their truth, or because the defendant had a = right,=20 upon the particular occasion, either to write and publish the writing, = or to=20 utter the words; as, when slanderous words are found in a report of a = committee=20 of congress, or in an indictment, or words of a slanderous nature are = uttered in=20 the course of debate in the legislature by a member, or at the bar, by = counsel,=20 when properly instructed by his client on the subject. See Debate; = Slander; Com.=20 Dig. Pleader, 2 L 3 to 2 L 7.

4.- =A72. In general, justification must be specially pleaded, and it = cannot be=20 given in evidence under the plea of the general issue.

5. - =A73. When the plea of justification is supported by the = evidence, it is a=20 complete bar to the action. Vide Excuse.

JUSTIFICATORS. A kind of compurgators, or those who, by oath,=20 justified the innocence or oaths of others, as in the case of wagers of = law.

JUSTIFYING BAIL, practice. The production of bail in court, = who there=20 justify themselves Against the exception of the plaintiff.

Index

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