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J. The Initial letter of the words "judge" and "justice," for which it frequently stands as an abbreviation. Thus, "J. A.," judge advocate; "J. J.," junior judge; "L. J.," law judge; "OP. J.," president judge; "F. J.," first judge; "A. J.," associate judge; "G. J.," chief justice or judge; "J. P.," justice of the peace; "JJ.," judges or justices; "J. O. P.," justice of the common pleas; "J. K. B.," justice of the king's bench; "J. Q. B.," " justice of the queen's bench; "J. U. B.," justice of the upper bench.
This letter is sometimes used for "I," as the initial letter of "Institutiones," in references to the Institutes of Justinian.
JAC. An abbreviation for "Jacobus," the Latin form of the name James; used princi­pally in citing statutes enacted in the reigns of the English kings of that name; e. g., "St. 1 Jac. II." Used also in citing the sec­ond part of Croke's reports; thus, "Oro. Jac." denotes "Croke's reports of cases in the time of James I."
JACENS. Lat Lying in abeyance, as in the phrase "hwreditas jacens," which is an inheritance or estate lying vacant or in abeyance prior to the ascertainment of the heir or his assumption of the succession.
JACET IN ORE. Lat. In old English
law. It lies in the mouth. Fleta, lib. 5, c. 5, § 49.
JACK. A kind of defensive coat-armor worn by horsemen in war; not made of solid iron, but of many plates fastened, together. Some tenants were bound by their tenure to find it upon invasion. Cowell.
JACOBUS. A gold coin worth 24s., so called from James I., who was king when it was struck. Enc. Lond.
JACTITATION. A false boasting; a false claim; assertions repeated, to the preju­dice of another's right. The species of defa­mation or disparagement of another's title to real estate known at common law as "slan-'der of title" comes under the head of jactita­tion, and in some jurisdictions (as in Louisi­ana) a remedy for this injury is provided un­der the name of an "action of jactitation."
—Jactitation of a right to a church, sit­ting appears to be the boasting by a man that he has a right or title to a pew or sitting in a church to which he has legally no title.— Jactitation of marriage. In English ecclesi­astical law. The boasting or giving out by a party that he or she is married to some other, whereby a common reputation of their matri­mony may ensue. To defeat that result, the person may be put to a proof of the actual marriage! failing which proof, he or she is put to silence about it. 3 Bl. Coram. 93.—Jac­titation of tithes is the boasting by a man
that he is entitled to certain tithes to which h« has legally no title.
In medical jurisprudence. Involuntary. convulsive muscular movement; restless agitation or tossing of the body to and fro. Leman v. Insurance Co., 46 La. Ann. 1180, 15 South. 388, 24 L. R. A. 589, 49 Am. St Rep. 348.
JACTIVUS. Lost by default; tossed away. Cowell.
JACTTJRA. In the civil law. A throw­ing of goods overboard in a storm; jettison. Loss from such a cause. Calvin.
JACTUS. A throwing goods overboard to lighten or save the vessel, in which case the goods so sacrificed are a proper subject for general average. Dig. 14, 2, "de lege Rhodia de Jactu." And see Barnard v. Adams, 10 How. 303, 13 L. Ed. 417.
—Jactus lapilli. The throwing down of a stone. One of the modes, under the civil law, of interrupting prescription. Where one per­son was building on another's ground, and in this way acquiring a right by usucapxo, the true owner challenged the intrusion and interrupted the prescriptive right by throwing down one of the stones of the building before witnesses call­ed for the purpose. Tray. Lat. Max.
JAIIi. A gaol; a prison; a building des­ignated by law, or regularly used, for the confinement of persons held In lawful cus­tody. State v. Bryan, 89 N. C. 534. See Gaol.
JAILER. A keeper or warden of a pris­on or jail.
JAMBEATTX. In old English and feudal law. Leg-armor. Blount.
JAMMA, JUMMA. In Hindu law. To­tal amount; collection; assembly. The to­tal of a territorial assignment.
JAMMABUNDY, JUMMABUNDY. In Hindu law. A written schedule of the whole of an assessment.
JAMPNUM. Furze, or grass, or ground where furze grows; as distinguished from "arable," "pasture," or the like. Co. Litt. 5a.
Freemen who delivered themselves and prop­erty to the protection of a more powerful person, in order to avoid military service and other burdens. Spelman. Also a spe­cies of serfs among the Germans. Du Cange. The same as commendati.


JANITOR. In old English law. A
-door-keeper. Fleta, lib. 2, c. 24.
In modern law. A janitor is understood to be a person employed to take charge of rooms or buildings, to see that they are kept clean and in order, to lock and unlock them, and generally to care for them. Fagan v. New York, 84 N. Y. 352.
JAQUES. In old English law. Small money.
JAVEIiDf-MEN. Yeomen retained by the sheriff to escort the .Judge of assize.
JAVELOUR. In Scotch law. Jailer or gaoler. 1 Pitc. Crim Tr. pt. 1, p 33.
JEDBURGH JUSTICE. Summary jus­tice inflicted upon a marauder or felon with­out a regular trial, equivalent to "lynch law." So called from a Scotch town, near the English border, where raiders and cat­tle lifters were often summarily hung. Also written "Jeddart" or "Jedwood" justice.
JEMAJ^jT. In old records. Yeoman. Cow-ell ; Blount.
JEOFAILE. L. Fr. I have failed; I am in error. An error or oversight in plead­ing.
Certain statutes are called "statutes of amendments and jeofailes" because, where a pleader perceives any slip in the form of his proceedings, and acknowledges the error, (jeofaile,) he is at liberty, by those statutes, to amend it. The amendment, however, is seldom made; but the benefit is attained by the court's overlooking the exception. 3 Bl. Comm. 407; 1 Saund. p. 228, no. 1.
Jeofaile is when the parties to any suit in pleading have proceeded so far that they have joined issue which shall be tried or is tried by a jury or inquest, and this pleading or issue is so badly pleaded or joined that it will be error if they proceed. Then some of the said parties may, by their counsel, show it to the court, as well after verdict given and before judgment as before the jury is charged. And the coun­sel shall say: "This inquest ye ought not to take." And if it be after verdict, then he may say: "To judgment you ought not to go." And, because such niceties occasioned many delays in suits, divers statutes are made to redress them. Termes de la Ley.
JEOPARDY. Danger; hazard; peril.
Jeopardy is the danger of conviction and punishment which the defendant in a crim­inal action incurs when a valid indictment has been found, and a petit jury has been impaneled and sworn to try the case and give a verdict. State v. Nelson, 26 Ind. 368; State v. Emery, 59 Vt. 84, 7 Atl. 129; People v. Terrill, 132 Cal. 497, 64 Pac.894; Mitchell v. State, 42 Ohio St. 383; Grogan v. State, 44 Ala. 9; Ex parte Glenn (C. C.) Ill Fed. 258; Alexander v. Com., 105 Pa. 9.
JERGUER. In English law. An officer of the custom-house who oversees the wait­ers. Techn. Diet
JESSE. A large brass candlestick, usu­ally hung in the middle of a church or choir. Cowell.
JET. Fr. In French law. Jettison. Ord. Mar. liv. 3, tit 8; Emerig. Traite" des Assur. c. 12, § 40.
JETSAM. A term descriptive of goods 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. 1 C. B. 113.
Jetsam is where goods are cast into the sea, and there sink and remain under wa­ter. 1 Bl. Comm. 292.
Jetsam differs from "flotsam," in this: that in the latter the goods float, while in the former they sink, and remain under water. It differs also from "ligan."
JETTISON. The act of throwing over­board from a vessel part of the cargo, in case of extreme danger, to lighten the ship. The same name is also given to the thing or things so cast out. Gray v. Wain, 2 Serg. & R. (Pa.) 254, 7 Am. Dec. 642; Butler v. Wildman, 3 Barn. & Aid. 326; Barnard v. Adams, 10 How. 303, 13 L. Ed. 417.
A carrier by water may, when in case of extreme peril it is necessary for the safety of the ship or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the ship. Throwing property overboard for such purpose is call­ed "jettison," and the loss incurred thereby is called a "general average loss." Civil Code Cal. § 2148; Civil Code Dak. % 1245.
JEUX DE BOURSE. Fr. In French law. Speculation in the public funds or in stocks; gambling speculations on the stock ex­change; dealings in "options" and "fu­tures."
JEWEL. By "jewels" are meant orna­ments of the person, such as ear-rings, pearls, diamonds, etc., which are prepared to be worn. See Com. v. Stephens, 14 Pick. (Mass.) 373; Bobbins v. Robertson (C. C.) 33 Fed. 710; Cavendish v. Cavendish, 1 Brown Ch. 409; Ramaley v. Leland, 43 N. Y. 541, 3 Am. Rep. 728; Gile v. Ldbby, 36 Barb. (N. Y.) 77.
JOB. The whole of a thing which is to be done. "To build by plot, or to work bv the job, is to undertake a building for a certain stipulated price." Civ. Code Da. art.
JOBBER.- One who buys and sells goods for others; one who buys or sells on the stock exchange; a dealer in stocks, shares, or securities.
JOCALIA. In old English law. Jewels. This term was formerly more properly ap­plied to those ornaments which women, al-


though married, call their own. When these jocalia are not suitable to her degree, they are assets for the payment of debts. Rolle, Abr. 911.
JOCELET. A little manor or farm. Cow-ell.
JOCUS. In old English law. A game of hazard. Reg. Orig. 290.
JOCUS PARTITUS. In old English practice. A divided game, risk, or hazard. An arrangement which the parties to a suit were anciently sometimes allowed to make by mutual agreement upon a certain hazard, as that one should lose if the case turned out in a certain way, and, if it did not, that the other should gain. Bract, fols. 2116, 3796, 432, 434, 2006.
JOHN DOE. The name which was us­ually given to the fictitious lessee of the plaintiff in the mixed action of ejectment. He was sometimes called "Goodtitle." So the Romans had their fictitious personages in law proceedings, as Titius, Seius.
JOINDER. Joining or coupling together; uniting two or more constituents or ele­ments in one; uniting with another per­son in some legal step or proceeding.
^—Joinder in demurrer. When a defendant in an action tenders an issue of law, (called a "demurrer,") the plaintiff, if he means to main­tain his action, must accept it, and this ac­ceptance of the defendant's tender, signified by the plaintiff in a set form of words, is called a "joinder in demurrer." Brown.—Joinder in issue. In pleading. A formula by which one of the parties to a suit joins in or accepts an issue in fact tendered by the opposite party. Steph. PI. 57, 236. More commonly termed a "similiter." (g. v.)—Joinder in pleading. Accepting the issue, and mode of trial tendered, either by demurrer, error, or issue, in fact, by the opposite party.—Joinder of actions. This expression signifies the uniting of two or more demands or rights of action in one action; the statement of more than one cause of action in a declaration.—Joinder of error. In proceed­ings on a writ of error in criminal cases, the joinder of error is a written denial of the errors alleged in the assignment of errors. It an­swers to a joinder of issue in an action.— Joinder of offenses. The uniting of several distinct charges of crime in the same indict­ment or prosecution.—Joinder of parties. The uniting of two or more persons as co-plain­tiffs or as co-defendants in one suit.—Misjoin­der. The improper joining together of parties to a suit, as plaintiffs or defendants, or of dif­ferent causes of action. Burstall v. Beyfus, 53 Law J. Ch 567; Phenix Iron Foundry v. Lockwood, 21 R. I. 556, 45 Atl. 546.—Non­joinder. The omission to join some person as party to a suit, whether as plaintiff or de­fendant, who ought to have been so joined, ac­cording to the rules of pleading and practice.
JOINT. United; combined; undivided ; done by or against two or more unitedly; shared by or between two or more.
A "joint" bond, note, or other obligation is one in which the obligors or makers (being two or more in number) bind themselves jointly but not severally, and which must therefore be
prosecuted in a joint action against them all. A "joint and several" bond or note is one in which the obligors or makers bind themselves both jointly and individually to the obligee or payee, and which may be enforced either by a joint action against them all or by separate actions against any one or more at the election of the creditor.
—Joint action. An action in which there are two or more plaintiffs, or two or more de­fendants —Joint debtor acts. Statutes enact­ed in many of the states, which provide that judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants, and that, "in an action against several defendants, the court may, in its discretion^ render judgment against one or more of them, leaving the action to pro­ceed against the others, whenever a several judgment is proper." The name is also given to statutes providing that where an action is instituted against two or more defendants upon an alleged joint liability, and some of them are served with process, but jurisdiction is not obtained over the others, the plaintiff may still proceed to trial against those who are before the court, and, if he recovers, may have judgment against all of the defendants whom he shows to be jointly liable. 1 Black, Judgm. §§ 208, 235. And see Hall v. Lanning, 91 U. S. 168, 23 L. Ed. 271.—Joint debtors. Persons united in a joint liability or indebtedness.—Joint lives. This expression is used to designate the duration of an estate or right which is grant­ed to two or more persons to be enjoyed so long as they both (or all) shall live. As soon as one dies, the interest determines. See High-ley v. Allen, 3 Mo. App. 524.
As to joint "Adventure," "Ballot," "Com­mittee," "Contract," "Covenant," "Creditor," "Executors," "Fiat," "Fine," "Heirs," "In­dictment," "Session," "Tenancy," "Tenants," "Trespassers," and "Trustees," see those ti­tles. As to joint-stock banks, see Bank; joint-stock company, see Company; joint-stock corporation, see Corporation.
JOINTLY. Acting together or in con­cert or co-operation; holding in common or interdependently, not separately. Reclama­tion Dist. v. Parvin, 67 Cal. 501, 8 Pac. 43; Gold & Stock Tel. Co. v. Commercial Tel. Co. (C. C.) 23 Fed. 342; Case v. Owen, 139 Ind. 22, 38 N. E. 395, 47 Am. St Rep. 25a Persons are "jointly bound" In a bond or note when both or all must be sued in one action for its enforcement, not either one at the election of the creditor.
—Jointly and severally. Persons who bind themselves "jointly and severally" in a bond or note may all be sued together for its enforcement, or the creditor may select any one or more as the object of his suit. See Mitchell v. Darri-cott, 3 Brev. (S. O.) 145; Rice v. Gove, 22 Pick. (Mass.) 158, 33 Am. Dec. 724.
JOINTRESS, JOINTURESS. A woman who has an estate settled on her by her hus­band, to hold during her life, if she survive him, Co. Litt 46.
JOINTURE. A freehold estate in lands or tenements secured to the wife, and to take effect on the decease of the husband, and to continue during her life at the least, unless she be herself the cause of its de­termination. Vance y. Vance, 21 Me. 36S.


A competent livelihood of freehold for the wife of lands and tenements to take effect presently in possession or profit, after the decease of the husband, for the life of the wife at least. Co. Litt. 36&; 2 Bl. Comm. 137. See Fellers v. Fellers, 54 Neb. 694, 74 N. W. 1077; Saunders v. Saunders, 144 Mo. 482, 46 S. W. 428; Graham v. Graham, 67 Hun, 329, 22 N. Y. Supp. 299.
A jointure strictly signifies a joint estate limited to both husband and wife, and such was its original form; but, in its more us­ual form, it is a sole estate limited to the wife only, expectant upon a life-estate in the husband. 2 Bl. Comm. 137; 1 Steph. Comm. 255.
English law. Land where rushes grow. Co. Litt. 5a.
JORNAXE. In old English law. As much land as could be plowed in one day. Spelman.
JOUR. A French word, signifying "day." It is used in our old law-books; as "tout jours," forever.
—Jour en banc A day in banc. DistinguisE-ed from "jour en pavs," (a day in the country.) otherwise called "jour en nisi prtus."—Jour in court. In old practice. Day in court; day to appear in court: appearance day. "Every process gives the defendant a day in court." Hale, Anal. § &
JOURNAL. A daily book; a book in which entries are made or events recorded from day to day. In maritime law, the jour­nal (otherwise called "log" or "log-book") is a book kept on every vessel, which contains a brief record of the events and occurrences of each day of a voyage, with the nautical observations, course of the ship, account of the weather, etc. In the system of double-entry book-keeping, the journal is an ac­count-book into which are transcribed, daily or at other intervals, the items entered up­on the day-book, for more convenient post­ing into the ledger. In the usage of legisla­tive bodies, the journal is a daily record of the proceedings of either house. It is kept by the clerk, and in it are entered the ap­pointments and actions of committees, in­troduction of bills, motions, votes, resolu­tions, etc., in the order of their occurrence. See Oakland Pav. Co. v. Hilton, 69 Cal. 479, 11 Pac. 3; Montgomery Beer Bottling Works r. Gaston, 126 Ala. 425, 28 South. 497. 51 L. R. A. 306. 85 Am. St Rep. 42; Martin v. Com., 107 Pa. 190.
JOURNEY. The original signification of this word was a day's travel. It is now ap­plied to a travel by land from place to place, without restriction of time. But, when thus applied, it is employed to designate a travel which is without the ordinary habits, busi­ness, or duties of the person, to a distance
from his home, and beyond the circle of his friends or acquaintances. Gholson v. State, 53 Ala. 521, 25 Am. Rep. 652.
JOURNEY-HOPPERS. In English law. Regrators of yarn. 8 Hen. VI. c 5.
JOURNEYMAN. A workman hired by the day, or other given time. Hart v. Ald-ridge, 1 Cowp. 56; Butler v. Clark, 46 Ga. 468.
JOURNEYS ACCOUNTS. In English practice. The name of a writ (now obsolete) which might be sued out where a former writ had abated without the plaintiff's fault. The length of time allowed for taking it out depended on the length of the journey the party must make to reach the court; whence the name.
JUBERE. Lat In the civil law. To order, direct, or command. Calvin. The word juoeo, (I order,) in a will, was called a "word of direction," as distinguished from "precatory words." Cod. 6, 43, 2.
To assure or promise.
To decree or pass a law.
JUBILACION. In Spanish law. The privilege of a public officer to be retired, on account of infirmity or disability, retaining the rank and pay of his office (or part of the same) after twenty years of public service, and on reaching the age of fifty.
JUDAISMUS. The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. A usurious rate of interest. 1 Mon. Angl. 839; 2 Mon. Angl. 10,665. Bex marcus sterllngorum ad ao-quietandam terram prcedictum de Judaismo, in quo fuit impignorata. Du Cange. An income anciently accruing to the king from the Jews. Blount.
JUDEX. Lat. In Roman law. A pri­vate person appointed by the praetor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the praetor a written for­mula instructing him as to the legal prin­ciples according to which the action was to be judged. Calvin. Hence the proceedings before him were said to be in judicio, as those before the praetor were said to be in jure.
In later and modern civil law. A judge in the modern sense of the term.
In old English law. A juror. A judge, in modern sense, especially—as opposed to justicianus, i. e., a common-law judge—to denote an ecclesiastical judge. Bract fols. 401, 402.
—Judex a quo. In modern civil law. The judge from whom, as judex ad quern is the


Sdge to whom, an appeal is made or taken. alifax, Civil Law, b. 3, c. 11, no. 34.—Judex ad quern. A judge to whom an appeal is taken.—Judex datus. In Roman law. A. judge given, that is, assigned or appointed, by the praetor to try a cause.—Judex delegatus. A delegated judge; a special judge.—Judex fiscalis. A fiscal judge; one having cogni­zance of matters relating to the fiscus, (g. v.)— Judex ordinarius. In the civil law. An or­dinary judge; one who had the right of hear­ing and determining causes as a matter of his own proper jurisdiction, (ex propria jurisdio-tione,) and not by virtue of a delegated author­ity. Calvin—Judex pedaneus. In Roman law. The judge who was commissioned by the praetor to hear a cause was so called, from the low seat which he anciently occupied at the foot of the praetor's tribunal.
Judex sequitatem semper spectare deb­et. A judge ought always to regard equity. Jenk. Cent. p. 45, case 85.
Judex ante oeulos sequitatem semper habere debet. A judge ought always to have equity before his eyes.
Judex bonus nihil ex arbitrio suo fa-ciat, nee proposito domesticse voluntatis, sed juxta leges et jura pronunciet. A
good judge should do nothing of his own ar­bitrary will, nor on the dictate of his per­sonal inclination, but should decide accord­ing to law and justice. 7 Coke, 27o.
Judex damnatur cum nocens absolvi­tor. The judge is condemned when a guilty person escapes punishment
Judex debet judicare secundum alle­gata et probata. The judge ought to de­cide according to the allegations and the proofs.
Judex est lex loquens. A judge is the law speaking, [the mouth of the law.] 7 Coke, 4a.
Judex habere debet duos sales,—salem 'sapientise, ne sit insipidus; et salem conscientise, ne sit diabolus. A judge should have two salts,—the salt of wisdom, lest he be insipid; and the salt of con­science, lest he be devilish.
Judex non potest esse testis in pro­pria causa. A judge cannot be a witness in his own cause. 4 Inst. 279.
Judex non potest injur lam sibi dataou punire. A judge cannot punish a wrong done to himself. See 12 Coke, 114.
Judex non reddit plus quam quod petens ipse requirit. A judge does not give more than what the complaining party himself demands. 2 Inst. 286.
JUDGE. A public officer, appointed to
preside and to administer the law in a court
• of justice; the chief member of a court, and
charged with the control of proceedings and the decision of questions of law or discre­tion. Todd v. U. S., 158 U. S. 278, 15 Sup. Ct 889, 39 L. Ed. 982; Foot v. Stiles, 57 N. Y. 405; In re Lawyers' Tax Cases, 8 Heisk. (Tenn.) 650. "Judge" and "Justice" (q. v.) are often used in substantially the same sense.
—Judge advocate. An officer of a court-mar­tial, whose duty is to swear in the other mem­bers of the court, to advise the court, and to act as the public prosecutor; but he is also so far the counsel for the prisoner as to be bound to protect him from the necessity of an­swering criminating questions, and to object to leading questions when propounded to other witnesses.—Judge advocate general. The adviser of the government in reference to courts-martial and other matters of military law. In England, he is generally a member of the house of commons and of the government for the time being—Judge de facto. One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitu­tional statute, or by an usurper of the appoint­ing power, or has net taken the oath of office. State v. Miller, 111 Mo. 542, 20 S. W. 243; Walcott v. Wells, 21 Nev. 47, 24 Pac. 367, 9 L. R, A. 59, 37 Am. St. Rep. 478; Dredla v. Baache, 60 Neb. 655, 83 N. W. 916; Caldwell v. Barrett, 71 Ark. 310, 74 S. W. 748.—Judge-made law. A phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings 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. By St. 20 & 21 Vict. c. 85, § 9, the judge of the court of probate was made judge of the court for divorce 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 office, have a fixed and determinate jurisdiction in 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 commissioners for taking proofs, and mes­sengers at arms. Bell.—Judge's certificate. In English 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, this is a necessary preliminary 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 submitted to them by the chancellor for their decision. See 3 Bl. Comm. 453.—Judge's minutes, or notes. Memoran­da usually taken by a judge, while a trial is proceeding, of the testimony of witnesses, of documents offered or admitted in evidence, of offers of evidence, and whether it has been re­ceived or rejected, and the like matters.— Judge's order. An order made by a judge at chambers, or out of court.
JTJDGER. A Cheshire juryman. Jacob.
JUDGMENT. The official and authentic decision of a court of justice upon the re­spective rights and claims of the parties to an action or suit therein litigated and sub­mitted to its determination. People v. He-bel, 19 Colo. App. 523, 76 Pac. 550; Bullock v. Bullock, 52 N. J. Eq. 561, 30 Atl. 676, ,27 L. R. A. 213, 46 Am. St. Rep. 528; Eppright y. Kauffman, 90 Mo. 25, 1 S. W. 736; Stat*


v. Brown & Sharpe Mfg. Co., 18 R. I. 16, 25 Atl. 246, 17 L. R. A. 856.
The final determination of the rights of the parties in an action or proceeding. Pear­son v. Lovejoy, 53 Barb. (N. Y.) 407; Har­bin v. State, 78 Iowa, 263, 43 N. W. 210; Bird v. Young, 56 Ohio St. 210, 46 N. B. 819; In re Smith's Estate, 98 Cal. 636, 33 Pac. 744; In re Beck, 63 Kan. 57, 64 Pac. 971; Bell v. Otts, 101 Ala. 186, 13 South. 43, 46 Am. St. Rep. 117.
The sentence of the law pronounced by the court upon the matter appearing from the previous proceedings in the suit. It is the conclusion that naturally follows from the premises of law and fact. Branch v. Branch, 5 Fla. 450; In re Sedgeley Ave., 88 Pa. 513.
The determination or sentence of the law, pronounced by a competent judge or court, as the result of an action or proceeding in­stituted in such court, affirming that, upon the matters submitted for its decision, a legal duty or liability does or does not ex­ist. 1 Black, Judgm. § 1; Gunter v. Earnest, 68 Ark. 180, 56 S. W. 876.
The term "judgment" is also used to de­note the reason which the court gives for its decision; but this is more properly denomi­nated an "opinion."
Classification. Judgments are either in rem or in personam; as to which see Judg­ment in Rem, Judgment in Personam.
Judgments are either final or interlocu­tory. A final judgment is one which puts an end to an action at law by declaring that the plaintiff either has or has not en­titled himself to recover the remedy he sues for. 3 Bl. Comm. 398. So distinguished from interlocutory judgments, which merely establish the right of the plaintiff to recov­er, in general terms. Id. 397. A judgment which determines a particular cause. Bost-wick v. Brinkerhoff, 106 U. S. 3, 1 Sup. Ct 15, 27 L. Ed. 73; Klever v. Seawall, 65 Fed. 377, 12 C. C. A. 653; Pfeiffer v. Crane, 89 Ind. 487; Nelson v. Brown, 59 Vt. 601, 10 Atl. 721. A judgment which cannot be ap­pealed from, which is perfectly conclusive upon the matter adjudicated. Snell v. Cot­ton Gin Mfg. Co., 24 Pick. (Mass.) 300. A judgment which terminates all litigation on the same right. The term "final judgment," in the judiciary act of 1789, § 25, includes both species of judgments as just defined.
1Kent, Comm. 316; Weston v. Charleston,
2Pet. 494, 7 L. Ed. 481; Forgay v. Conrad, 6 How. 201, 209, 12 L. Ed. 404. A judgment which is not final is called "interlocutory;" that is, an interlocutory judgment is one which determines some preliminary or sub­ordinate point or plea, or settles some step, question, or default arising in the progress of the cause, but does not adjudicate the ultimate rights of the parties, or finally put the case out of court. Thus, a judgment or order passed upon any provisional or ac­cessory claim or contention Is, in general,
merely interlocutory, although It may final­ly dispose of that particular matter. 1 Black, Judgm. § 21.
Judgments are either domestic or foreign. A judgment or decree is domestic in the courts of the same state or country where it was originally rendered; in other states or countries it is called foreign. A foreign judgment is one rendered by the courts of a state or country politically and judicially distinct from that where the judgment or its effect is brought in question. One pro­nounced by a tribunal of a foreign country, or of a sister state. Karns v. Kunkle, 2 Minn. 313 (Gil. 268); Gulick v. Loder, 13 N. J. Law, 68, 23 Am. Dec. 711.
A judgment may be upon the merits, or it may not. A judgment on the merits is one which is rendered after the substance and matter of the case have been judicially in­vestigated, and the court has decided which party is in the right; as distinguished from a judgment which turns upon some prelimi­nary matter or technical point, or which, in consequence of the act or default of one of the parties, is given without a contest or trial.
Of judgments rendered without a regular trial, or without a complete trial, the sev­eral species are enumerated below. And first:
Judgment oy default is a judgment ob­tained by one party when the other party neglects to take a certain necessary step in the action (as, to enter an appearance, or to plead) within the proper time. In Louisi­ana, the term "contradictory judgment" is used to distinguish a judgment given after the parties have been heard, either in sup­port of their claims or in their defense, from a judgment by default. Cox's Exec­utors v. Thomas, 11 La. 366.
Judgment oy confession Is where a de­fendant gives the plaintiff a cognovit or written confession of the action (or "confes­sion of judgment," as it is frequently call­ed) by virtue of which the plaintiff enters judgment.
Judgment nil dicit is a judgment rendered for the plaintiff when the defendant "says nothing;" that is, when he neglects to plead to the plaintiff's declaration within the prop­er time.
Judgment by non sum informatus is one which is rendered when, instead of entering a plea, the defendant's attorney says he is not informed of any answer to be given to the action. Steph. PL 130.
Judgment of nonsuit is of two kinds,— voluntary and involuntary. When plaintiff abandons his case, and consents that judg­ment go against him for costs, it is volun­tary. But when he, being called, neglects to appear, or when he has given no evidence on which a jury could find a verdict, it is in­voluntary. Freem. Judgm. § 6.
Judgment of retraxit. A judgment ren­dered where, after appearance and before


verdict, the plaintiff voluntarily goes into court and enters on the record that he "withdraws his suit." It differs from a non­suit. In the latter case the plaintiff may sue again, upon payment of costs; but a retraxit is an open, voluntary renunciation of his claim in court, and by it he forever loses his action.
Judgment of nolle prosequi. This judg­ment is entered when plaintiff declares that he will not further prosecute his suit, or en­try of a stet processus, by which plaintiff agrees that all further proceedings shall be stayed.
Judgment of non pros, (non prosequitur) is one given against the plaintiff for a neg­lect to take any of those steps which it is incumbent on him to take in due time.
Judgment of cassetur breve or bttla (that the writ or bill be quashed) is a judgment rendered in favor of a party pleading in abatement to a writ or action. Steph. PL 130, 131.
Judgment of nil capiat per breve or per billam is a judgment in favor of the defend­ant upon an issue raised upon a declaration or peremptory plea.
Judgment quod partes replacitent. This is a judgment of repleader, and is given if an issue is formed on so immaterial a point that the court cannot know for whom to give judgment. The parties must then re­construct their pleadings.
Judgment of respondeat ouster is a judg­ment given against the defendant, requir­ing hint to "answer over," after he has fail­ed to establish a dilatory plea upon which an issue in law has been raised.
Judgment quod recuperet is a judgment in favor of the plaintiff, (that he do recov­er,) rendered when he has prevailed upon an issue in fact or an issue in law other than one arising on a dilatory plea. Steph. PI. 126.
Judgment non obstante veredicto is a judgment entered for the plaintiff "notwith­standing the verdict" which has been given for defendant; which may be done where, after verdict and before judgment, it ap­pears by the record that the matters plead­ed or replied to, although verified by the verdict, are insufficient to constitute a de­fense or bar to the action.
Special, technical names are given to the judgments rendered in certain actions. These are explained as follows:
Judgment quod computet is a judgment in an action of account-render that the defend­ant do account.
Judgment quod partitio fiat is the inter­locutory judgment in a writ of partition, that partition be made.
Judgment quando acciderint. If on the plea of plene administravit in an action against an executor or administrator, or on the plea of riens per descent in an action against an heir, the plaintiff, instead of
taking issue on the plea, take judgment of assets quando acciderint, in this case, if assets afterwards come to the hands of the executor or heir, the plaintiff must first sue out a scire facias, before he can have ex­ecution. If, upon this scire facias, assets be found for part, the plaintiff may have judgment to recover so much immediately, and the residue of the assets in futuro. 1 Sid. 448.
Judgment de melioribus damnis. Where, in an action against several persons for a joint tort, the jury by mistake sever the damages by giving heavier damages against one defendant than against the others, the plaintiff may cure the defect by taking judg­ment for the greater damages (de meliori­bus damnis) against that defendant, and entering a nolle prosequi (q. v.) against the others. Sweet.
Judgment in error is a judgment rendered by a court of error on a record sent up from an inferior court.
Other compound and descriptive
terms. A conditional judgment is one whose force depends upon the performance of certain acts to be done in the future by one of the parties; as, one which may be­come of no effect if the defendant appears and pleads according to its terms, or one which orders the sale of mortgaged property in a foreclosure proceeding unless the mort­gagor shall pay the amount decreed within the time limited. Mahoney v. Loan Ass'n (O. C.) 70 Fed. 513; Simmons v. Jones, 118 N. O. 472, 24 S. E. 114. Consent judgment. One entered upon the consent of the par­ties, and in pursuance of their agreement as to what the terms of the judgment shall be. Henry v. Hilliard, 120 N. C. 479, 27 S. E. 130. A dormant judgment is one which has not been satisfied nor extinguished by lapse of time, but which has remained so long unexecuted that execution cannot now be issued upon it without first reviving the judgment. Draper v. Nixon, 93 Ala. 436, 8 South. 489. Or one which has lost its lien on land from the failure to issue execution on it or take other steps to enforce it with­in the time limited by statute. 1 Black, Judgm. (2d ed.) § 462. Judgment nisi. At common law, this was a judgment entered on the return of the nisi prius record, which, according to the terms of the postea, was to become absolute unless otherwise or­dered by the court within the first four days of the next succeeding term. See U. S. v. Winstead (D. C.) 12 Fed. 51; Young v. Mc­pherson, 3 N. J. Law, 897. Judgment of his peers. A trial by a jury of twelve men ac­cording to the course of the common law. Fetter v. Wilt, 46 Pa. 460; State v. Simons, 61 Kan. 752, 60 Pac. 1052; Newland v. Marsh, 19 111. 382.
—Judgment-book. A book required to be kept by the clerk, among the records of the court, for the entry of judgments. Code N. Y. § 279. In re Weber, 4 N. D. 119, 59 N. W.


523, 28 L. R. A. 621.—Judgment creditor.
One who is entitled to enforce a judgment by execution, (g. v.) The owner of an unsatisfied judgment.—Judgment debtor. A person against whom judgment has been recovered, and which remains unsatisfied.—Judgment debt­or summons. 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 debt, the debtors might be adjudicated bankrupt. This act was repealed by 32 & 33 Vict. c. 83, § 20. The 32 & 33 Vict. c. 71, however, (bankruptcy act, 1869,) provides (section 7) for the granting of a "debtor's sum­mons," at the instance of creditors, and, in the event of failure to pay or compound, a petition for adjudication may be presented, unless in the events provided for by that section. Whart­on.—Judgment debts. 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 successful action. Brown. —Judgment docket. A list or docket of the judgments entered in a given court, methodical­ly kept by the clerk or other proper officer, open to public inspection, and intended to afford of­ficial notice to interested parties of the exist­ence or lien of judgments.—Judgment lien. A lien binding the real estate of a judgment debtor, in favor of the holder of the judgment, and giving the latter a right to levy on the land for the satisfaction of his judgment to the exclusion of other adverse interests subsequent to the judgment. Ashton v. Slater, 19 Minn. 351 (Gil. 300); Shirk v. Thomas, 121 Ind. 147, 22 N. E. 976, 16 Am. St. Rep. 381.—Judg-ment note. A promissory note, embodying an authorization to any attorney, or to a designat­ed attorney, or to the holder, or the clerk of the court, to enter an appearance for the maker and confess a judgment against him for a sum there­in named, upon default of payment of the note. —Judgment paper. In English practice. A sheet of paper containing an incipitur of the pleadings in an action at law, upon which final judgment is signed by the master. 2 Tidd, Pr. 930.—Judgment record. In English practice. A parchment roll, on which are transcribed the whole proceedings in the cause, deposited and filed of record in the treasury of the court, after signing of judgment. 3 Steph. Comm. 632. In American practice, the record is signed, filed, and docketed by the clerk.—Judgment roll. In English practice. A roll of parchment con­taining the entries of the proceedings in an ac­tion at law to the entry of judgment inclusive, and which is filed in the treasury of the court. 1 Arch. Pr. K. B. 227, 228; 2 Tidd, Pr. 931. See Roll.—Junior judgment. One which was rendered or entered after the rendition or entry of another judgment, on a different claim, against the same defendant.—Money judg­ment. One which adjudges the payment of a sum of money, as distinguished from one direct­ing an act to be done or property to be restored or transferred. Fuller v. Aylesworth, 75 Fed. 694, 21 C. O. A. 505; Pendleton v. Ciine, 85 Cal. 142, 24 Pac. 659.—Personal judgment. One imposing on the defendant a personal lia­bility to pay it, and which may therefore be sat­isfied out of any of his property which is with­in the reach of process, as distinguished from one which may be satisfied only out of a par­ticular fund or the proceeds of particular prop­erty. Thus, in a mortgage foreclosure suit, there may be a personal judgment against the mortgagor for any deficiency that may remain after the sale of the mortgaged premises. See Bardwell v. Collins, 44 Minn. 97, 46 N. W. 315, 9 L. R. A. 152, 20 Am. St Rep. 547.—Pocket judgment. A statute-merchant which was en­forceable at any time after non-payment on the day assigned, without further proceedings. Wharton.
JUDGMENT IN PERSONAM. A judg­ment against a particular person, as distin­guished from a judgment against a thing or a right or status. The former class of judg­ments are conclusive only upon parties and privies; the latter upon all the world. See next title.
JUDGMENT IN REM. A judgment in rem is an adjudication, pronounced upon the status of some particular subject-matter, by a tribunal having competent authority for that purpose. It differs from a judg­ment in personam, In this: that the latter judgment is in form, as well as substance, between the parties claiming the right; and that it is so inter partes appears by the rec­ord itself. It is binding only upon the par­ties appearing to be such by the record, and those claiming by them. A judgment in rem is founded on a proceeding instituted, not against the person, as such, but against or upon the thing or subject-matter itself, whose state or condition is to be determin­ed. It is a proceeding to determine the state or condition of the thing itself; and the judgment is a solemn declaration upon the status of the thing, and it ipso facto renders it what it declares it to be. Wood­ruff v. Taylor, 20 Vt. 73. And see Martin v. King, 72 Ala. 360; Lord v. Chadbourne, 42 Me. 429, 66 Am. Dec. 290; Hine v. Hus-sey, 45 Ala. 496; Cross v. Armstrong, 44 Ohio St. 613, 10 N. EL 160.
Various definitions have been given of a judg­ment in rem, but all are criticised as either in­complete or comprehending too much. It is generally said to be a judgment declaratory of the status of some subject-matter, whether this be a person or a thing. Thus, the probate of a will fixes the status of the document as a will. The personal rights and interests which follow are mere incidental results of the status or character of the paper, and do not appear on the face of the judgment. So, a decree estab­lishing or dissolving a marriage is a judgment in rem, because it fixes the status of the per­son. A judgment of forfeiture, by the proper tribunal, against specific articles or goods, for a violation of the revenue laws, is a judgment in rem. But it is objected that the customary definition does not fit such a case, because there is no fixing of the status of anything, the whole effect being a seizure, whatever the thing may be. In the foregoing instances, and many oth­ers, the judgment is conclusive against all the world, without reference to actual presence or participation in the proceedings. If the ex­pression "strictly in rem" may be applied to any class of cases, it should be confined to such as these. "A very able writer says: 'The distin. guishing characteristic of judgments in rem is that, wherever their obligation is recognized and enforced as against any person, it is equally rec­ognized and enforced as against all persons.' It seems to us that the true definition of a 'judg­ment in rem' is 'an adjudication' against some person or thing, or upon the status of some sub­ject-matter; which, wherever and whenever binding upon any peison, is equally binding up­on all persons." Bartero v. Real Estate Savings Bank, 10 Mo. App. 78.
Judicandum est legibus, non esemp-lis. Judgment is to be given according to


the laws, not according to examples or prece­dents. 4 Coke, 336; 4 Bl. Comm. 405.
JUDICARE. Lat In the civil and old English law. To judge; to decide or ' de­termine judicially; to give judgment or sentence.
JTJDICATIO. Lat. In the civil law. judging; the pronouncing of sentence, after hearing a cause. Hallifax, Civil Law, b. 8, c. 8, no. 7.
Persons in the county palatine of Chester, who, on a writ of error, were to consider of the judgment given there, and reform it; otherwise they forfeited £100 to the crown by custom. Jenk. Cent. 71.
JUDICATURE. 1. The state or profes­sion of those officers who are employed in administering justice; the judiciary.
2.A judicatory, tribunal, or court of jus­tice.
3.Jurisdiction; the right of judicial ac­tion ; the scope or extent of jurisdiction.
—Judicature acts. The statutes of 36 & 37 Vict. c. 66, and 38 & 39 Vict. c. 77, which went into force November 1„ 1875, with amendments in 1877, c. 9; 1879, c. 78; and 1881, c. 68,— made most important changes in the organiza­tion of, and methods of procedure in, the supe­rior courts of England, consolidating them to­gether so as to constitute one supreme court of judicature, consisting of two divisions,—her ma­jesty's high court of justice, having chiefly orig­inal jurisdiction; and her majesty's court of appeal, whose jurisdiction is chiefly appellate.
Judices non tenentur exprimere can-sam sententise suae. Jenk. Cent. 75. Judges are not bound to explain the reason of their sentence.
JUDICES ORDINARII. Lat. In the civil law. Ordinary judices; the common judices appointed to try causes, and who, according to Blackstone, determined only questions of fact 3 Bl. Comm. 315.
JUDICES PEDANEI. Lat. In the civil law. The ordinary judices appointed by the praetor to try causes.
JUDICES SELECTI. Lat. In the civil law. Select or selected judices or judges; those who were used in criminal causes, and between whom and modern jurors many points of resemblance have been noticed. 3 Bl. Comm. 366.
Judici officium suum excedenti non paretur. A judge exceeding his office is not to be obeyed. Jenk. Cent p. 139, case 84. Said of void judgments.
Judici satis poena est, quod Deum hab-*t ultorem. It is punishment enough for a judge that he has God as his avenger. 1 Leon. 295.
JUDICIA. Lat. In Roman law. Judi­cial proceedings; trials. Judicia publico,. criminal trials. Dig. 48, 1.
Judicia in curia regis non adnihilen-tur, sed stent in robore suo quousque per errorem aut attinctum adnullentur.
Judgments in the king's courts are not to be annihilated, but to remain in force until an­nulled by error or attaint 2 Inst 539.
Judicia in deliberationibus crebro ma-turescunt, in accelerato processu nun* quaxn. Judgments frequently become ma­tured by deliberations, never by hurried pro­cess or precipitation. 3 Inst. 210.
Judicia posteriora sunt in lege forti-ora,, 8 Coke, 97. The later decisions are the stronger in law.
Judicia sunt tanquam juris dicta, et pro veritate accipiuntur. Judgments are, as it were, the sayings of the law, and are received as truth. 2 Inst 537.
JUDICIAL. Belonging to the office of a judge; as judicial authority.
Relating to or connected with the adminis­tration of justice; as a judicial officer.
Having the character Of judgment or for­mal legal procedure; as a judicial act
Proceeding from a court of justice; as a judicial writ, a judicial determination.
—Judicial action. Action of a court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case. Rhode Is­land v. Massachusetts, 12 Pet. 718, 9 L. Ed. 1233; Kerosene Lamp Heater Co. v. Monitor Oil Stove Co., 41 Ohio St. 293.—Judicial acts. Acts requiring the exercise of some judicial dis­cretion, as distinguished from ministerial acts, which require none. Ex parte Kellogg, 6 Vt 510; Mills v. Brooklyn, 32 N. Y. 497; Recla­mation Dist. v. Hamilton, 112 Cal. 603, 44 Pac. 1074; Perry v. Tynen, 22 Barb. (N. T.) 140.—Judicial admissions. Admissions made voluntarily by a party which appear of record in the proceedings of the court.—Judicial au­thority. The power and authority appertain­ing to the office of a judge; jurisdiction; the official right to hear and determine questions in controversy.—Judicial business. Such as in­volves the exercise of judicial power, or the ap­plication of the mind and authority of a court to some contested matter, or the conduct of ju­dicial proceedings, as distinguished from such ministerial and other acts, incident to the prog­ress of a cause, as may be performed by the par­ties, counsel, or officers of the court without ap­plication to the court or judge. See Heisen v. Smith, 138 Cal. 216. 71 Pac 180, 94 Am. St. Rep. 39; Merchants Nat. Bank v. Jaffray, 36 Neb. 218, 54 N. W. 258, 19 L. R. A. 316; State v. California Min. Co., 13 Nev. 214.—Judicial committee of the privy council. In Eng­lish law. A tribunal composed of members of the privy council, being judges or retired judg­es, which acts as the king's adviser in matters of law referred to it, and exercises a certain appellate jurisdiction, chiefly in ecclesiastical causes, though its power in this respect was curtailed by the judicature act of 1873.—Ju­dicial confession. In the law of evidence. A confession of guilt, made by a prisoner be­fore a magistrate or in court, in the due course of legal proceedings. 1 Greenl. Ev. § 216;

White v. State, 49 Ala. 348; U. S. v. Williams, 28 Fed. Cas. 643; State v. Lamb, 28 Mo. 218; Speer v. State, 4 Tex. App. 479.—Judicial conventions. Agreements entered into in con­sequence of an order of court; as, for example, entering into a bond on taking out a writ of se­questration. Penniman v. Barrymore, 6 Mart. N. S. (La.) 494.—Judicial decisions. The opinions or determinations of the judges in caus­es before them, particularly in appellate courts. Le Blanc v. Illinois Cent. R. Co., 73 Miss. 463, 19 South. 211.—Judicial dicta. Dicta made by a court or judge in the course of a judicial decision or opinion. Com. v. Paine, 207 Pa. 45,
56 Atl. 317. See Dictum Judicial district.
One of the circuits or precincts into which a state is commonly divided for judicial purposes, a court of general original jurisdiction being usually provided in each of such districts, and the boundaries of the district marking the ter­ritorial limits of its authority; or the district may include two or more counties, having sep­arate and independent county courts, but in that case they are presided over by the same judge. See Ex parte Gardner, 22 Nev. 280, 39 Pac. 570; Lindsley v. Coahoma County Sup'rs, 69 Miss. 815, 11 South. 336; Com. v. Hoar, 121 Mass. 377.—Judicial oath. One taken before an officer in open court, as distinguished from a "non-judicial" oath, which is taken before an officer ex parte or out of court. State v. Drei-fus, 38 La. Ann. 877.—Judicial officer. A person in whom is vested authority to decide causes or exercise powers appropriate to a court. Settle v. Van Bvrea, 49 N. Y. 284; People v. Wells, 2 Cal. 203; Reid v. Hood, 2 Nott & McC. (S. C) 170, 10 Am. Dec. 582. —Judicial power. The authority vested in courts and judges, as distinguished from the ex­ecutive and legislative power. Gilbert v. Priest, 65 Barb. (N. Y.) 448; In re Walker, 68 App. Div. 196, 74 N. Y. Supp. 94; State v. Denny, 118 Ind. 382, 21 N. E. 252, 4 L. R. A. 79; U. S. v. Kendall, 26 Fed. Cas. 753.—Judicial proceedings. A general term for proceedings relating to, practiced in, or proceeding from, a court of justice; or the course prescribed to be taken in various cases for the determination of a controversy or for legal redress or relief. See Hereford v. People, 197 111. 222, 64 N. E. 310; Martin v. Simpkins, 20 Colo. 438, 38 Pac. 1092; Mullen v. Reed, 64 Conn. 240, 29 Atl. 478, 24 L. R, A. 664, 42 Am. St. Rep. 174; Aldrich v. Kinney, 4 Conn. 386, 10 Am. Dec. 151.—Judicial question. One proper for the determination of a court of justice, as distin­guished from such questions as belong to the decision of the legislative or executive depart­ments of government and with which the courts will not interfere, called "political" or "legis­lative" questions. See Patton v. Chattanooga, 108 Tenn. 197, 65 S. W. 414.—Judicial rem­edies. Such as are administered by the courts of justice, or by judicial officers empowered for that purpose by the constitution and laws of the state. Code Civ. Proc. Cal. 1903, § 20;
Code Civ Proc. Mont. 1895, § 3469 Judicial
separation. A separation of man and wife by decree of court, less complete than an absolute divorce; otherwise called a "limited divorce." —Judicial statistics. In English law. Sta­tistics, published by authority, of the civil and criminal business of the United Kingdom, and matters appertaining thereto. Annual reports are published separately for England and Wales, for Ireland, and for Scotland.—Quasi judicial. A term applied to the action, discretion, etc., of public administrative officers, who are requir­ed to investigate facts, or ascertain the exis­tence of facts, and draw conclusions from them, as a basis for their official action, and to exer­cise discretion of a judicial nature. See Bair v. Struck, 29 Mont. 45, 74 Pac. 69, 63 L R. A. 481; Mitchell v. Clay County, 69 Neb. 779. 96 N. W. 678; De Weese v. Smith (a C.) 97 Fed. 317.
As to judicial "Day," "Deposit," "Discre­tion," "Documents," "Evidence," "Factor," "Mortgage," "Notice," "Process," "Sales," "Sequestration," and "Writs," see those ti­tles.
JUDICIARY, adj. Pertaining or relat­ing to the courts of justice, to the judicial department of government, or to the admin­istration of justice.
JUDICIARY, ». That branch of govern­ment invested with the judicial power; the, system of courts in a country; the body of judges; the bench.
JUDICIARY ACT. The name commonly given to the act of congress of September 24, 1789, (1 St. at Large, 73,) by which the system of federal courts was organized, and their powers and jurisdiction defined.
Judiciis posterioribus fides est adhi-benda. Faith or credit is to be given to the later judgments. 13 Coke, 14.
JUDICIO SISTI. Lat. A caution, or se­curity, given in Scotch courts for the defend­ant to abide judgment within the jurisdic­tion. Stim. Law Gloss.
Judicis est in pronuntiando sequi reg-ulam, exceptione non probata. The judge in his decision ought to follow the rule, when the exception is not proved.
Judicis est judicare secundum allegata et probata. Dyer, 12. It is the duty of a judge to decide according to facts alleged and proved.
Judicis est jus dicere, non dare. It is
the province of a judge to declare the law, not to give it Lofft, Append. 42.
Judicis officium est opus diei in die suo perficere. It is the duty of a judge to finish the work of each day within that day. Dy­er, 12.
Judicis officium est ut res, ita tempora rerum, quserere. It is the duty of a judge to inquire into the times of things, as well as into things themselves. Co. Litt 171.
JUDICIUM. Lat Judicial authority or jurisdiction; a court or tribunal; a judicial hearing or other proceeding; a verdict or judgment; a proceeding before a judex or judge. State t. Whitford, 54 Wis. 150, 11 N. W. 424.
—Judicium capitale. In old English law. Judgment of death; capital judgment. Fleta, lib. 1, c. 3&, § 2. Called, also, "judicium vttoe amis»wnis," judgment of loss of life. Id. lib. 2, c. 1, § 5.—Judicium Dei. In old English and European law. The judgment of God; other­wise called "diviwwm judicium," the "divine judgment." A term particularly applied to the ordeals by fire or hot iron and water, and also to the trials by the cross, the eucharist, and the corsned, and the duellum or trial by battle, (q.

v.,) it being supposed that the interposition of heaven was directly manifest, in these cases, in behalf of the innocent. Spelman; Burrill.— Judicium parium. In old English law. Judgment of the peers; judgment of one's peers; trial by jury. Magna Charta, c. 29.
Judicium a non suo judiee datum nul­ling est momenti. 10 Coke, 70. A judg­ment given by one who is not the proper judge is of no force.
Judicium est quasi juris dictum. Judg­ment is, as it were, a declaration of law.
Judicium non debet esse illusorium; suum effectum habere debet. A judgment ought not to be illusory; it ought to have its proper effect. 2 Inst. 341.
Judicium redditur in invitum. Co.
Litt. 248&. Judgment is given against one, whether he will or not.
Judicium (semper) pro veritate acci-pitur. A judgment is always taken for truth, [that is, as long as it stands in force it cannot be contradicted.] 2 Inst. 380; Co. Litt 39a, 168a.
JUG. In old English law. A watery place. Domesday; Cowell.
JUGE. In French law. A judge.
—Juge de pais. An inferior judicial func­tionary, appointed to decide summarily contro­versies of minor importance, especially such as turn mainly on questions of fact. He has also the functions of a police magistrate. Ferriere. —Juge d'instruction. See Instbuction.
JUGERUM. An acre. Co. Litt. 56. As much as a yoke (jugum) of oxen could plow in one day.
JUGULATOR. In old records. A cut­throat or murderer. Cowell.
JUGUM. Lat In the civil law. A yoke; a measure of land; as much land as a yoke of oxen could plow in a day. Nov. 17, c. 8.
—Jugum terrae. la old English law. A yoke of land; half a plow-land. Domesday; Co. Litt. 5a/ Cowell.
JUICIO. In Spanish law. A trial or suit White, New. Recop. b. 3, tit 4, c 1.
—Juicio de apeo. The decree of a competent tribunal directing the determining and marking the boundaries of lands or estates.—Juicio de concurso de acreedores. The judgment granted for a debtor who has various creditors, or for such creditors, to the effect that their claims be satisfied according to their respective form and rank, when the debtor's estate is not sufficient to discharge them all in full. Es-criche.
JUMENT. In old Scotch law. An ox used for tillage. 1 Pitc. Crim. Tr. pt 2, p. 89.
JUMENTA. In the civil law. Beasts of burden; animals used for carrying bur-
dens. This word did not include "oxen."! Dig. 32, 65, 5.
JUMP BAIL. To abscond, withdraw, or secrete one's self, in violation of the obliga-^ tion of a bail-bond. The expression is col** loquial, and is applied only to the act of the* principal.
JUNCARIA. In old English law. The soil where rushes grow. Co. Litt 50; Cow-> ell.
Juncta juvant. United they aid. A por­tion of the maxim, "Qttce non valeant sin-, gula juncta juvant" (q. v.,) frequently cited. 3 Man. & G. 99.
JUNGERE DUELLUM. In old English' law. To join the duellum; to engage in the • combat Fleta, lib. 1, c. 21, § 10.
JUNIOR. Younger. This has been held to be no part of a man's name, but an addi­tion by use, and a convenient distinction be- ' tween a father and son of the same name. Cobb v. Lucas, 15 Pick. (Mass.) 9; People v. Collins, 7 Johns. (N. Y.) 552; Padgett y. Lawrence, 10 Paige (N. Y.) 177, 40 Am. Dec. 232; Prentiss v. Blake, 34 Vt 460.
—Junior right. A custom prevalent in some parts of England (also at some places on the continent) by which an estate descended to the youngest son in preference to his older brothers; the same as "Borough-English."
As to junior "Barrister," "Counsel," "Cred­itor," "Execution," "Judgment," and "Writ," see those titles.
JUNIPERUS SABINA. In medical ju­risprudence. This plant is commonly called "savin."
JUNK-SHOP. A shop where old cord­age and ships' tackle, old iron, rags, bottles, paper, etc., are kept and sold. A place where odds and ends are purchased and sold. Charleston City Council v. Goldsmith, 12 Rich. Law (S. C.) 470.
JUNTA, or JUNTO. A select council for taking cognizance of affairs of great consequence requiring secrecy; a cabal or faction. This was a popular nickname ap­plied to the Whig ministry in England, be­tween 1693-1696. They clung to each other for mutual protection against the attacks of the so-called "Reactionist Stuart Party."
JURA. Lat. Plural of "jus." Rights; laws. 1 Bl. Comm. 123. See Jus.
—Jura fiscalia. In English law. Fiscal rights; rights of the exchequer. 3 Bl. Comm. 45.—Jura in re. In the civil law, Rights in a thing; rights which, being separated from the dominium, or right of property, exist independ­ently of it, and are enjoyed by some other per­son than him who has the dominium. Mackeld. Rom. Law, § 237.—Jura majestatis. Rights of sovereignty or majesty; a term used in the


civil law to designate certain rights which be­long to each and every sovereignty and which are deemed essential to its existence. Gilmer v. Lime Point, 18 Cal. 250.—Jura mixti do-minii. In old English law. Rights of mixed dominion. The king's right or power of juris­diction was so termed. Hale, Anal. § 6.—Jura personarum. Rights of persons; the rights of persons. Rights which concern and are an­nexed to the persons of men. 1 Bl. Oomm. 122. —Jura prsediorum. In the civil law. The rights of estates. Dig. 50, 16, 86.—Jura re­galia. In English law. Royal rights or privi­leges. 1 Bl. Comm. 117, 119; 3 Bl. Oomm. 44. —Jura regia. In English law. Royal rights; the prerogatives of the crown. Crabb, Com. Law, 174.—Jura rerun. Rights of things; the rights of things; rights which a man may acquire over external objects or things uncon­nected with his person. 1 Bl. Comm. 122; 2 Bl. Comm. 1.—Jura snmmi imperii. Rights of supreme dominion ; rights of sovereignty. 1 Bl. Comm. 49; 1 Kent, Comm. 211.
Jura ecclesiastica limitata sunt infra limites separatos. Ecclesiastical laws are limited within separate bounds. 3 Bulst 53.
Jura eodem modo destituuntur quo con-stituuntur. Laws are abrogated by the same means [authority] by which they are made. Broom, Max. 878.
Jura nature sunt immutabilia. The
laws of nature are unchangeable. Branch, Princ.
Jura publiea anteferenda privatis.
Public rights are to be preferred to private. Co. Litt. 130a. Applied to protections.
Jura publiea ex privato [privatis] promiscue decidi non debent. Public rights ought not to be decided promiscuously with private. Co. Litt 130a, 1816.
Jura regis specialia non conceduntur per generalia verba. The special rights of the king are not granted by general words. Jenk. Cent p. 103.
Jura sanguinis nullo jure civili dirimi possunt. The right of blood and kindred cannot be destroyed by any civil law. Dig. 50, 17, 9; Bac. Max. reg. 11; Broom, Max. 533; Jackson r. Phillips, 14 Allen (Mass.) 562.
JURAL. 1. Pertaining to natural or pos­itive right, or to the doctrines of rights and obligations; as "jural relations."
2.Of or pertaining to jurisprudence; ju­ristic; juridical.
3.Recognized or sanctioned by positive law; embraced within, or covered by, the rules and enactments of positive law. Thus, the "jural sphere" is to be distinguished from the "moral sphere;" the latter de­noting the whole scope or range of ethics or the science of conduct, the former embracing only such portions of the same as have been
made the subject of legal sanction or recog­nition.
4. Founded in law; organized upon the basis of a fundamental law, and existing for the recognition and protection of rights. Thus, the term "jural society" is used as the synonym of "state" or "organized political community."
JURAMENTUM. Lat In the civil law. An oath.
—Juramentuxn calumnise. In the civil and canon law. The oath of calumny. An oath im­posed upon both parties to a suit, as a prelimi­nary to its trial, to the effect that they are not influenced by malice or any sinister motives in prosecuting or defending the same, but by a be­lief in the justice of their cause. It was also required of the attorneys and proctors.—Jura­mentuxn corporalis. A corporal oath. See Oath.—Juramentum in litem. In the civil law. An assessment oath; an oath, taken by the plaintiff in an action, that the extent of the damages he has suffered, estimated in money, amounts to a certain sum, which oath, in cer­tain cases, is accepted in lieu of other proof. Mackeld. Rom. Law, § 376.—Juramentum judiciale. In the civil law. An oath which the judge, of his own accord, defers to either of the parties. It is of two kinds: First, that which the judge defers for the decision of the cause, and which is understood by the general name "juramentum judiciale" and is sometimes called "suppletory oath," juramentum, supplet-orium; second, that which the judge defers in order to fix and determine the amount of the condemnation which he ought to pronounce, and which is called "juramentum in litem." Poth. Obi. p. 4, c. 3, § 3, art 3.—Juramentum nec-essarium. In Roman law. A compulsory oath. A disclosure under oath, which the praet­or compelled one of the parties to a suit to make, when the other, applying for such an ap­peal, agreed to abide by what his adversary should swear. 1 Whart Ev. § 458; Dig. 12, 2, 5, 2.—Juramentum voluntarium. In Ro­man law. A voluntary oath. A species of ap­peal to conscience, by which one of the parties to a suit, instead of proving his case, offered to abide by what his adversary should answer under oath. 1 Whart. Ev. § 458; Dig. 12, 2, 34, 6.
Juramentum est indivisibile; et non est admittendum in parte verum et in parte falsum. An oath is indivisible; it is not to be held partly true and partly false. 4 Inst 274.
JURARE. Lat To swear; to take an oath.
Jurare est Deum in testem vocare, et est actus divini cultus. 3 Inst 165. To swear is to call God to witness, and is an act of religion.
JURAT. The clause written at the foot of an affidavit, stating when, where, and be­fore whom such affidavit was sworn. See U. S. v. McDermott, 140 U. S. 151, 11 Sup. Ct 746, 35 L. Ed. 391; U. S. v. Julian, 162 U. S. 324, 16 Sup. Ct 801, 40 L. Ed. 984; Lutz v. Kinney, 23 Nev. 279, 46 Pac. 257.
JURATA. In old English law. A jury of twelve men sworn. Especially, a jury of


the common law, as distinguished from the assisa.
The jury clause in a nisi ptius record, so called from the emphatic words of the old forms: "Jurata ponitur in respectum," the jury is put in respite. Townsh. PL 487.
Also a jurat, (which see.)
JURATION. The act of swearing; the administration of an oath.
Jurato creditur in judicio. He who
makes oath is to be believed in judgment. 3 Inst 79.
JURATOK. A juror; a compurgator, {q. v.)
Juratores debent esse vieini, suffici-entes, et minus suspecti. Jurors ought to be neighbors, of suflicient estate, and free from suspicion. Jenk. Cent 141.
Juratores sunt indices faeti. Jenk. Cent 61. Juries are the judges of fact
JURATORY CAUTION. In Scotch law. A description of caution (security) some­times offered in a suspension or advocation where the complainer is not in circumstan­ces to offer any better. Bell.
JURATS. In English law. Officers in the nature of aldermen, sworn for the gov­ernment of many corporations. The twelve assistants of the bailiff in Jersey are called "jurats?'
JURE. Lat By right; in right; by the law.
—Jure belli. By the right or law of war. 1
Kent, Comm. 126: 1 C. Rob. Adm. 289 Jure
civili. By the civil law. Inst. 1, 3, 4; 1 Bl. Comm. 423.—Jure coronse. In right of the crown.—Jure divino. By divine right. 1 Bl. Comm. 191.—Jure ecclesise. In right of the church. 1 Bl. Comm. 401.—Jure emphyteuti-co. By the right or law of emphyteusis. 3 BL Comm. 232. See Emphyteusis.—Jure gen­tium. By the law of nations. Inst. 1, 3, 4; 1 Bl. Comm. 423.—Jure propinquitatis. By right of propinquity or nearness. 2 Crabb, Real Prop. p. 1019, § 2398.—Jure representation-is. By right of representation; in the right of another person. 2 BL Comm. 224, 517; 2 Crabb, Real Prop. p. 1019, § 2398.—Jure ux-oris. In right of a wife. 3 BL Comm. 210.
Jure natures sequum est neminem cunt alterius detrimento et injuria fieri loeu-pletiorem. By the law of nature it is not just that any one should be enriched by the detriment or injury of another. Dig. 50, 17, 206.
Juri non est consonum quod aliquis accessorius in curia regis convincatur antequam aliquis de facto fuerit attinc-tus. It is not consonant to justice that any accessary should be convicted in the king's court before any one has been attainted of the fact 2 Inst 183.
JURIDICAL. Relating to administration of justice, or office of a judge.
Regular; done in conformity to the laws of the country and the practice which is there observed.
—Juridical days. Days in court on which the laws are administered.—Juridical evidence.
Such as is proper to be adduced before, and con­sidered by, the courts of justice. See Mead v. Husted, 52 Conn. 53, 52 Am. Rep. 554.
JURIDICUS. Lat Relating to the courts or to the administration of justice; juridi­cal; lawful. Dies juridicus, a lawful day for the transaction of business in court; a day on which the courts are open.
JURIS. Lat Of right; of law.
—Juris et de jure. Of law and of right. A presumption juris et de jure, or an irrebuttable presumption, is one which the law will not suf­fer to be rebutted by any counter-evidence, but establishes as conclusive; while a presumption jwns tantum is one which holds good in the ab­sence of evidence to the contrary, but may be rebutted.—Juris et seisinse conjunctio. The union of seisin or possession and the right of possession, forming a complete title. 2 Bl. Comm. 199, 311—Juris positivi. Of positive law; a regulation or requirement of positive law, as distinguished from natural or divine law. 1 Bl. Comm. 439; 2 Steph. Comm. 286. —Juris privati. Of private right; subjects of private property. Hale, Anal. § 23.—Juris publici. Of common right; of common or public use; such things as, at least in their own use, are common to all the king's subjects; as common highways, common bridges, common rivers, and common ports. Hale, Anal. § 23. —Juris utrum. In English law. An abolish­ed writ which lay for the parson of a church whose predecessor had alienated the lands and tenements thereof. Fitzh. Nat Brev. 48.
Juris affectus in ezecutione consistit.
The effect of the law consists in the execu­tion. Co. Litf. 2S9&.
Juris ignorantia est cum jus nostrum ignoramus. It is ignorance of the law when we do not know our own rights. Haven v. Foster, 9 Pick. (Mass.) 130, 19 Am. Dec. 353.
Juris prsecepta sunt haec: Honeste vi-vere; alterum non Isedere; suum cuique tribuere. These are the precepts of the law: To live honorably; to hurt nobody; to render to every one his due. Inst 1, 1, 3; 1 BL Comm. 40.
JURISCONSULT. A jurist; a person skilled in the science of law, particularly of international or public law.
JURISCONSULTUS. Lat In Roman Jaw. An expert in juridical science; a per­son thoroughly versed in the laws, who was habitually resorted to, for information and advice, both by private persons as his cli­ents, and also by the magistrates, advocates, and others employed in administering jus­tice.
Jurisdictio est potestas de publico in-troducta, cum necessitate juris dicendi*

Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice. 10 Coke, 73o.
JURISDICTION. The power and au­thority constitutionally conferred upon (or constitutionally recognized as existing 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 ad­mitted, referred to the tribunal for decision, and authorized by law to be the subject of investigation or action by that tribunal, and in favor of or against persons (or a res) who present themselves, or who are brought, be­fore the court in some manner sanctioned by law as proper and sufficient. 1 Black, Judgm. i 215. And see Nenno v. Railroad Co., 105 Mo. App. 540, 80 S. W. 24; Ingram v. Fuson, 118 Ky. 882, 82 S. W. 606; Tod v. Crisman, 123 Iowa, 693, 99 N. W. 686; Harrigan v. Gilchrist, 121 Wis. 127, 99 N. W. 909; Wight-man v. Karsner, 20 Ala. 451; Reynolds y. Stockton, 140 U. S. 254, 11 Sup. Ct. 773, 35 L. Ed. 464; Tempi eton v. Ferguson, 89 Tex. 47, 33 S. W. 329; Succession of Weigel, 17 La. Ann. 70.
Jurisdiction 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 execution. U. S. v. Arredondo, 6 Pet. 691, 8 L. Ed. 547; Yates v. Lansing, 9 Johns. (N. Y.) 413, 6 Am. Dec. 290; Johnson v. Jones, 2 Neb. 135.
The 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 it; 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. Rhode Island v. Massachusetts, 12 Pet 657, 717, 9 L. Ed. 1233.
Jurisdiction is the power to hear and deter­mine a cause; the authority by which judicial officers take cognizance of and decide causes. Brownsville v. Basse, 43 Tex. 440.
—Appellate jurisdiction. The power and authority to take cognizance of a cause and pro­ceed to its determination, not in its initial stag­es, but only after it has been finally decided by an inferior court, t. c, the power of review and determination on appeal, writ of error, cer­tiorari, or other similar process.—Concurrent jurisdiction. The jurisdiction of several dif­ferent tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. State v. Sinnott, 89 Me. 41, 35 Atl. 1007; Rogers v. Bonnett, 2 OkL 553, 37 Pac. 1078; Hercules Iron Works v. Railroad Co., 141 111. 491, 30 N. E. 1050.—Contentious ju­risdiction. \ In English ecclesiastical law. That branch of the jurisdiction of the ecclesias­tical courts which is exercised upon adversary or contentious (opposed, litigated) proceedings. —Co-ordinate jurisdiction. That which is possessed by courts of equal rank, degree, or authority, equally competent to deal with the matter in question, whether belonging to the same or different systems; concurrent jurisdic­tion.—Criminal jurisdiction. That which exists fox the trial and punishment of criminal
Bl.Law Dtot.(2d Ed.)—43
offenses; the authority by which judicial of­ficers take cognizance of and decide criminal cases. Ellison v. State, 125 Ind. 492, 24 N. E. 739; In re City of Buffalo, 139 N. Y. 422, 34 N. E. 1103.—Equity jurisdiction. In a gen­eral sense, the jurisdiction belonging to a court of equity, but more particularly the aggregate of those cases, controversies, and occasions which form proper subjects for the exercise of the powers of a chancery court. See Anderson v. Carr, 65 Hun. 179, 19 N. Y. Supp. 992; People v. McKane, 78 Hun, 154, 28 N. Y. Supp. 981. —Foreign jurisdiction. Any jurisdiction for­eign to that of the forum. Also the exercise by a state or nation of jurisdiction beyond its own territory, the right being acquired by treaty or otherwise.—General jurisdiction. Such as extends to all controversies that may be brought before a court within the legal bounds of rights and remedies; as opposed to special or limited jurisdiction, which covers only a particular class of cases, or cases where the amount in contro­versy is below a prescribed sum, or which is subject to specific exceptions. The terms "gen­eral" and "special," applied to jurisdiction, in­dicate the difference between a legal authority extending to the whole of a particular subject and one limited to a part; and, when applied to the terms of court, the occasion upon which these powers can be respectively exercised. Grade v. Freeland, 1 N. Y. 232.—Limited ju­risdiction. This term is ambiguous, and the books sometimes use it without due precision. It is sometimes carelessly employed instead of "special." The true distinction between courts is between such as possess a general and such as have only a special jurisdiction for a partic­ular purpose, or are clothed with special powers for the performance. Obert v. Hammel, 18 N. J. Law, 73.—Original jurisdiction. Juris­diction in the first instance; jurisdiction to take cognizance of a cause at its inception, try it, and pass judgment upon the law and facts. Distinguished from appellate jurisdiction.—Pro­bate jurisdiction. Such jurisdiction as or­dinarily pertains to probate, orphans', or sur­rogates' courts, including the establishment of wills, the administration of estates, the super­vising of the guardianship of infants, the allot­ment of dower, etc. See Richardson v. Green, 61 Fed. 423, 9 C. C. A. 565; Chadwick v. Chad-wick, 6 Mont. 566, 13 Pac. 385.—Special ju7 risdiction. A court authorized to take cogni­zance of only some few kinds of causes or pro­ceedings expressly designated by statute is call­ed a "court of special jurisdiction."—Summary jurisdiction. The jurisdiction of a court to give a judgment or make an order itself forth­with ; e. g., to commit to prison for contempt; to punish malpractice in a solicitor; or, in the case of justices of the peace, a jurisdiction to convict an offender themselves instead of com­mitting him for trial by a jury. Wharton.— Territorial jurisdiction. Jurisdiction con­sidered as limited to cases arising or persons residing within a defined territory, as, a coun­ty, a judicial district, etc. The authority of any court is limited by the boundaries thus fix­ed. See Phillips v. Thralls, 26 Kan. 781.—Vol­untary jurisdiction. In English law. A ju­risdiction exercised by certain ecclesiastical courts, in matters where there is no opposition. 3 Bl. Comm. 66. The opposite of contentious jurisdiction, (q. v.) In Scotch law. One exer­cised in matters admitting of no opposition or question, and therefore cognizable by any judge, and in any place, and on any lawful day. Bell. —Jurisdiction clause. In equity practice. That part of a bill which is intended to give ju­risdiction of the suit to the court, by a general averment that the acts complained of are con­trary to equity, and tend to the injury of the complainant, and that he has no remedy, or not a complete remedy, without the assistance of a court of equity, is called the "jurisdiction clause." Mitf. Eq. PI. 4a


JURISDICTIONAL. Pertaining or re­lating to jurisdiction; conferring jurisdic­tion ; showing or disclosing jurisdiction; de­fining or limiting jurisdiction; essential to jurisdiction. —Jurisdictional facts. See Fact.
JURISINCEPTOR. Lat. A student of the civil law.
JURISPERITUS. Lat. Skilled or learn­ed in the law.
JURISPRUDENCE. The philosophy of law, or the science which treats of the prin­ciples of positive law and legal relations.
"The term is wrongly applied to actual sys­tems of law, or to current views of law, or to suggestions for its amendment, but is the name of a science. This science is a formal, or ana­lytical, rather than a material, one. It is the science of actual or positive law. It is wrongly divided into 'general' and 'particular,' or into 'philosophical' and 'historical.' It may there­fore be denned as the formal science of positive law." Holl. Jur. 12.
In the proper sense of the word, "jurispru­dence" is the science of law, namely, that science which has for its function to ascertain the prin­ciples on which legal rules are based, so as not only to classify those rules in their proper order, and show the relation in which they stand to one another, but also to settle the manner in which new or doubtful cases should be brought under the appropriate rules. Jurisprudence is more a formal than a material science. It has no direct concern with questions of moral or po­litical policy, for they fall under the province of ethics and legislation; but, when a new or doubtful case arises to which two different rules seem, when taken literally, to be equally appli­cable, it may be, and often is, the function of jurisprudence to consider the ultimate effect which would be produced if each rule were ap­plied to an indefinite number of similar cases, and to choose that ruh^which, when so applied, will produce the greatest advantage to the com­munity. Sweet.
—Comparative jurisprudence. The study of the principles of legal science by the compar­ison of various systems of law.—Equity juris­prudence. That portion of remedial justice which is exclusively administered by courts of equity as distinguished from courts of common law. Jackson v. Nimmo, 3 Lea (Tenn.) 609. More generally speaking, the science which treats of the rules, principles, and maxims which govern the decisions of a court of equi­ty, the cases and controversies which are con­sidered proper subjects for its cognizance, and the nature and form of the remedies which it grants.—Medical jurisprudence. The science which applies the principles and practice of the different branches of medicine to the elucidation of doubtful questions in a court of justice. Oth­erwise called "forensic medicine," (g. v.) A sort of mixed science, which may be considered as common ground to the practitioners both of law and physic. 1 Steph. Comm. 8.
JURISPRUDENTS. Lat. In the civil and common law. Jurisprudence, or legal science.
Jurisprudentia est aivinarum atque humanarum rerum notitia, justi atque injusti scientia. Jurisprudence is the knowledge of things divine and human, the
science of what is right and what is wrong Dig. 1, 1, 10, 2; Inst 1, 1, 1. This defini tion is adopted by Bracton, word for word Bract, fol. 3.
Jurisprudentia legis communis Anglian est scientia socialis et copiosa. The ju­risprudence ot the common law of England is a science social and comprehensive. 7 Coke, 28a.
JURIST. One who is versed or skilled in law; answering to the Latin "jurisper-itus," (q. v.)
One who is skilled in the civil law, or law of nations. The term is now usually applied to those who have distinguished themselves by their writings on legal subjects.
JURISTIC. Pertaining or belonging to, or characteristic of, jurisprudence, or a ju­rist, or the legal profession.
—Juristic act. One designed to have a legal effect, and capable thereof.
JURNEDUM. In old English law. A journey; a day's traveling. Cowell.
JURO. In Spanish law. A certain per­petual pension, granted by the king on the public revenues, and more especially on the salt-works, by favor, either in consideration of meritorious services, or in return for mon­ey loaned the government, or obtained by it through forced loans. Escriche.
JUROR. One member of a jury. Some­times, one who takes an oath ; as in the term "non-juror," a person who refuses certain oaths.
JUROR'S BOOK. A list of persons qual­ified to serve on juries.
JURY. In practice. A certain number of men, selected according to law, and sworn (Jurati) to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them. This definition embraces the various subdivisions of juries; as grand jury, petit jury, common jury, special jury, coroner's jury, sheriff's jury, (q. v.)
A jury is a body of men temporarily select­ed from the citizens of a particular district, and invested with power to present or indict a person for a public offense, or to try a question of fact. Code Civil Proc. Cal. | 190.
The terms "jury" and "trial by jury," as used in the constitution, mean twelve competent men, disinterested and impartial, not of kin, nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by of­ficers free from all bias in favor of or against either party, duly impaneled and sworn to ren­der a true verdict according to the law and the evidence. State v. McClear, 11 Nev. 39.
Classification..—Common jury. In prac­tice. The ordinary kind of jury by which is-


sues of fact are generally tried, as distinguish­ed from a special jury, (q. v.)—Foreign jury. £. jury obtained from a county other than that m which issue was joined.—Grand jury. A jury of inquiry who are summoned and return­ed by the sheriff to each session of the crim­inal courts, and whose duty is to receive com­plaints and accusations in criminal cases, hear the evidence adduced on the part of the state, and find bills of indictment in cases where they are satisfied a trial ought to he had. They are first sworn, and instructed by the court. This is called a "grand jury" because it com­prises a greater number of jurors than the ordinary trial jury or "petit jury." At com­mon law, a grand jury consisted of not less than twelve nor more than twenty-three men, and this is still the rule in many of the states, though in some the number is otherwise fixed by statute; thus in Oregon and Utah, the grand jury is composed of seven men; in South Da­kota, not less than six nor more than, eight; in Texas, twelve; in Idaho, sixteen; in Wash­ington, twelve to seventeen; in North Dakota, sixteen to twenty-three; in, California, nine­teen ; in New Mexico, twenty-one. See Ex parte Bain, 121 U. S. 1, 7 Sup. Ct. 781, 30 L. Ed. 849; In re Gardiner, 31 Misc. Rep. 364, 64 N. Y. Supp. 760; Finley v. State, 61 Ala. 204; People v. Duff, 65 How. Prac. (N, Y.) 365; .English v. State, 31 Fla. 340, 12 South. 689. —Mixed jury. A bilingual jury; a jury of the half-tongue. See De Medietat^ Lin-OrVM. Also a jury composed partly of negroes and partly of white men.—Petit jury. The ordinary jury of twelve men for the trial of a civil or criminal action. So called to dis­tinguish it from the grand jury. A petit jury is a body of twelve men impaneled and sworn in a district court, to try and determine, by a true and unanimous verdict, any question or issue of fact, in any civil or criminal action or pro­ceeding, according to law and the evidence as given them in the court. Gen. St Minn. 1878, c. 71, § 1.—Pix jury. See Fix.—Special ju­ry. A jury ordered by the court, on the mo­tion of either party, in cases of unusual im­portance or intricacy. Called, from the man­ner in which it is constituted, a "struck jury." 3 Bl. Comm. 357. A jury composed of per­sons above the rank of ordinary freeholders; usually summoned to try questions of greater importance than those usually submitted to common juries. Brown.—Struck jury. In practice. A special jury. So called because constituted by striking out a certain number of names from a prepared list. See Wallace v. Railroad Co., 8 Houst. (Del.) 529, 18 Atl. 818; Cook v. State, 24 N. J. Daw, 843.—Tri-al jury. A body of men returned from the citizens of a particular district before a court or officer of competent jurisdiction, and sworn, to try and determine, by verdict, a question of fact. Code Civ. Proc. Cal. § 193.
Other compound terms.—Jury-box. The place in court (strictly an inclosed place) where the jury sit during the trial of a cause. 1 Archb. Pr. K. B. 208; 1 Burrill, Pr. 455.— Jury commissioner. An officer charged with the duty of selecting the names to be put into the jury wheel, or of drawing the panel of jurors for a particular term of court—Jury-list. A paper containing the names of jurors impaneled to try a cause, or it contains the names of all the jurors summoned to attend court.—Jury of matrons. In common-law practice. A jury of twelve matrons or discreet women, impaneled upon a writ de ventre inspi-ciendo, or where a female prisoner, being under sentence of death, pleaded her pregnancy as a ground for staying execution. In the latter case, such jury inquired into the truth of the plea.—Jury process. The process by which a jury is summoned in a cause, and by which their attendance is enforced.—-Jury wheel. A machine containing the names of persons qual­ified to serve as grand and petit jurors, from
which, in an order determined by the hazard of its revolutions, are drawn a sufficient number of such names to make up the panels for a giv­en term of court.
JURYMAN. A juror: one who is im­paneled on a jury.
JURY WOMAN. One member of a jury of matrons, (q. v.)
JUS. Lat In Roman law. Right; jus­tice ; law; the whole body of law; also a right. The term is used in two meanings:
1."Jus" means "law," considered in the abstract; that is, as distinguished from any specific enactment, the science or department of learning, or quasi personified factor in human history or conduct or social develop­ment, which we call, in a general sense, "the law." Or, it means the law taken as a sys­tem, an aggregate, a whole; "the sum total of a number of individual laws taken to­gether." Or it may designate some one par­ticular system or body of particular laws; as in the phrases "jus civile," "jus gentium," "jus prcetorium."
2.In a second sense, "jus" signifies "a right;" that is, a power, privilege, faculty, or demand inherent in one person and in­cident upon another; or a capacity residing in one person of controlling, with the assent and assistance of the state, the actions of another. This is its meaning in the expres­sions "jus in rem," "jus accrescendi," "jus possessionis."
It is thus seen to possess the same am­biguity as the words "droit," "recht," and "right," (which see.)
Within the meaning of the maxim that "ig-norantia juris non excusat" (ignorance of the law is no excuse), the word "jus" is used to denote the general law or ordinary law of the land, and not a private right Churchill v. Bradley, 58 Vt. 403, 5 Atl. 189, 56 Am. Rep. 563; Cooper v. Fibbs, L. R. 2 H. L. 149; Freichnecht v. Meyer, 39 N. J. Eq. 561.
The continental jurists seek to avoid this ambiguity in the use of the word "jus," by calling its former signification "objective," and the latter meaning "subjective." Thus Mackeldey (Rom. Law, § 2) says: "The laws of the first kind [compulsory or positive laws] form law [jus] in Its objective sense, [jus est norma agendi, law is a rule of conduct.] The possibility resulting from law in this sense to do or require another to do is law in its subjective sense, [jus est facultas agendi, law is a license to act.] The voluntary ac­tion of man in conformity with the precepts of law is called 'justice,' [justitia]"
Some further meanings of the word are:
An action. Bract, fol. 3. Or, rather, those proceedings in the Roman action which were conducted before the praetor.
Power or authority. Sui juris, in one's own power; independent. Inst. 1, 8, pr.; Bract, fol. 3. Alieni juris, under another's power. Inst 1, 8, pr.


The profession (ars) or practice of the law. Jus ponitur pro ipsa arte. Bract fol. 26.
A court or judicial tribunal, (locus in quo redditur jus.) Id. fol. 3.
For various compound and descriptive terms, see the following titles:
JUS ABSTINENDI. The right of renun­ciation ; the right of an heir, under the Roman law, to renounce or decline the in­heritance, as, for example, where his accept­ance, in consequence of the necessity of pay­ing the debts, would make it a burden to him. See Mackeld. Rom. Law, § 733.
JUS ABUTENDI. The right to abuse. By this phrase is understood the right to do exactly as one likes with property, or having full dominion over property; 3 Toul-lier, no. 86.
JUS ACCRESCENDI. The right of sur­vivorship. The right of the survivor or survivors -of two or more Joint tenants to the tenancy or estate, upon the death of one or more of the joint tenants.
Jus acorescendi inter mercatores, pro beneficio commercii, locum non habet. The right of survivorship has no place be­tween merchants, for the benefit of com­merce. Co. Litt. 182a; 2 Story, Eq. Jur. § 1207; Broom, Max. 455. There is no sur­vivorship in cases of partnership, as there is in joint-tenancy. Story, Partn. § 90.
Jus acorescendi praefertur oneribus.
The right of survivorship is preferred to in­cumbrances. Co. Litt. 185a. Hence no dow­er or curtesy can be claimed out of a joint estate. 1 Steph. Comm. 316.
Jus acorescendi praefertur ultimse vol-untati. The right of survivorship is pre­ferred to the last will. Co. Litt. 1856. A devise of one's share of a joint estate, by will, is no severance of the jointure; for no tes­tament takes effect till after the death of the testator, and by such death the right of the survivor (which accrued at the origi­nal creation of the estate, and has therefore a priority to the other) is already vested. 2 Bl. Comm. 186; 3 Steph. Comm. 316.
JUS AD REM. A term of the civil law, meaning "a right to a thing;" that fs, a right exercisable by one person over a particular article of property in virtue of a contract or obligation incurred by another person in re­spect to it, and which is enforceable only against or through such other person. It Is thus distinguished from jus m re, which is a complete and absolute dominion over a thing available against all persons.
The disposition of modern, writers is to use the term jus ad rem" as descriptive of a right without possession, and "jus in re" as descrip­tive of a right accompanied by possession. Or, in a somewhat wider sense, the former denotes
an inchoate or incomplete right to a thing; the latter, a complete and perfect right to & thing. See The Carlos F. Roses, 177 U. S. 655, 20 Sup. Ct. 803, 44 L. Ed. 929; The Youmc Mechanic 30 Fed. Cas. 873.
In canon law. A right to a thing. An inchoate and imperfect right, such as is gained by nomination and institution; as distinguished from jus in re, or complete and full right, such as Is acquired by cor­poral possession. 2 Bl. Comm. 312.
JUS aiLIANUM. A body of laws drawn up by Sextus iElius, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon such laws; and (3) the forms of procedure. In date, it was subsequent to the jus Flavi-anum, (q. v.) Brown.
JUS -ffiSNECME. The right of primo­geniture, (q. v.)
JUS ALBINATUS. The droit d'aubaine, (g. v.) See Albinatus Jus.
JUS ANGLORUM. The laws and cus­toms of the West Saxons, in the time of the Heptarchy, by which the people were for a long time governed, and which were prefer­red before all others. Wharton.
JUS AQUiEDUCTUS. In the civil law. The name of a servitude which gives to the owner of land the right to bring down water through or from the land of another.
JUS BANCI. In old English law. The right of bench. The right or privilege of having an elevated and separate seat of judg­ment, anciently allowed only to the king's judges, who hence were said to administer high justice, (summam administrant justt-Ham.) Blount.
JUS BBT.TJ. The law of war. The law of nations as applied to a state of war, defin­ing in particular 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 Jure B. lib. 1, c. 1, § 3.
—Jus bellum dicendi. The right of pro­claiming war.
JUS CANONICUM. The canon law.
JUS CIVILE. Civil law. The system of law peculiar to one state or people. Insfc 1, 2, 1. Particularly, In Roman law, the drfl law of the Roman people, as distinguished! from the jus gentium. The term Is ala» applied to the body of law called, emphatic* ally, the "civil law."
The jus civile and the jus gentium are distin­guished in this way. All people ruled by stat* utes and customs use a law partly peculiar t» themselves, partly common to all men. Tat


law each people has settled for itself is pecu­liar to the state itself, and is called "jus civile," as being peculiar to that very state. The law, again, that natural reason has settled among all men,—the law that is guarded among all peoples quite alike,—is called the "jus gentium," and all nations use it as if law. 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 only, or even the general, use of the words. What the Roman jurists had chiefly in view, when they spoke of "jus civile," was not local as opposed to cosmopolitan law, but the old law of the city as contrasted with the newer law introduced by the praetor, O'w* praetortum, jus honorarium.)' Largely, no doubt, the jus gentium corresponds with the jut prastorium; but the correspondence is not per­fect. Id. 39.
Jus civile est quod sibi populus con-stituit. The civil law is what a people es­tablishes for itself. Inst. 1, 2, 1; Jackson v. Jackson, 1 Johns. (N. T.) 424, 426.
JUS CIVITATUS. The right of citizen­ship; the freedom of the city of Rome. It differs from jus quiritium, which compre­hended all the privileges of a free native of Rome. The difference is much the same as between "denization" and "naturalization" with us. Wharton.
JtJS CLOACiE. In the civil law. The right of sewerage or drainage. An easement consisting in the right of having a sewer, or of conducting surface water, through the house or over the ground of one's neighbor. Mackeld. Rom. Law, § 317.
JUS COMMUNE. In the civil law.
Common right; the common and natural rule of right, as opposed to jus singulare, (q. v.) Mackeld. Rom. Law, § 196
In English law. The common law, an­swering to the Saxon "folcright." 1 Bl. Comm. 67.
Jus constitui oportet in his quae nt plurimum aceidunt non quse ex ino-pinato. Laws ought to be made with a view to those cases which happen most frequently, and not to those which are of rare or ac­cidental occurrence. Dig. 1, 3, 3; Broom, Max. 43.
JUS CORONiE. In English law. The right of the crown, or to the crown; the right of succession to the throne. 1 Bl. Comm. 191; 2 Steph. Comm. 434.
English law. The right of coining money. 2 How. State Tr. 118.
JUS CURIAXITATIS. In English law. The right of curtesy. Spelman.
JUS DARE. To give or to make the law; the function and prerogative of the legisla­tive department
JUS DELIBERANDI. In the civil law. The right of deliberating. A term granted by the proper officer at the request of him who is called to the inheritance, (the heir,) within which he has the right to investigate its condition and to consider whether he will accept or reject it. Mackeld. Rom. Law, | 742; Civ. Code La. art 1028.
Jus descendit, et non terra. A right descends, not the land. Co. Litt 345.
JUS DEVOI.UTUM. The right of the church of presenting a minister to a vacant parish, in case the patron shall neglect to exercise his right within the time limited by law.
JUS DICERE. To declare the law; to say what the law is. The province of a court or judge. 2 Eden, 29; 3 P. Wms. 485.
JUS DISPONENDI. The right of dis­posing. An expression used either general­ly to signify the right of alienation, as when we speak of depriving a married woman of the jus disponendi over her separate estate, or specially in the law relating to sales of goods, where It is often a question whether the vendor of goods has the intention of re­serving to himself the jus disponendi; i. e., of preventing the ownership from passing to the purchaser, notwithstanding that he (the vendor) has parted with the possession of the goods. Sweet.
JUS DIVIDENDI. The right of dispos­ing of realty by will. Du Cange.
JUS DUFLICATUM. A double right; the right of possession united with the right of property; otherwise called "droit-droit." 2 Bl. Comm. 199.
Jus est ars boni et sequi. Law is the
science of what is good and just. Dig. 1, 1, 1, 1; Bract, fol. 2&.
Jus est norma recti; et quicquid est contra normam recti est injuria. Law is
a rule of right; and whatever is contrary to the rule of right is an injury. 3 Bulst 313.
Jns et fraus nunquam cohabitant.
Right and fraud never dwell together. 10 Coke, 45a. Applied to the title of a statute. Id.; Best, Ev. p. 250, § 205.
Jns ex injuria non oritur. A right does (or can) not rise out of a wrong. Broom, Max. 738, note; 4 Bing. 639.
JUS FALCANDI. In old English law. The right of mowing or cutting. Fleta, lib. 4, c. 27, § 1.
JUS FECIAIiE. In Roman law. The law of arms, or of heralds. A rudimentary species of international law founded on the


rites and religious ceremonies of the dif­ferent peoples.
JUS FIDUCIARIUM. In the civil law. A right in trust; as distinguished from jus legitimum, a legal right. 2 Bl. Comm. 328.
JUS FLAVIANUM. In old Roman law. A body of laws drawn up by Cneius Flavius, a clerk of Appius Claudius, from the ma­terials to which he had access. It was a popularization of the laws. Mackeld. Rom. Law, § 39.
JUS FLUMINUM. In the civil law. The right to the use of rivers. Locc. de Jure Mar. lib. 1, c. 6.
JUS FODIENDI. In the civil and old English law. A right of digging on another's land. Inst. 2, 3, 2; Bract, fol. 222.
JUS FUTURUM. In the civil law. A future right; an inchoate, incipient, or ex­pectant right, not yet fully vested. It may be either "jus delatum," when the subse­quent acquisition or vesting of it depends merely on the will of the person in whom it is to vest, or "jus nondum delatum" when it depends on the future occurrence of other circumstances or conditions. Mackeld. Rom. Law, § 191.
JUS GENTIUM. The law of nations. That law which natural reason has estab­lished among all men is equally observed among all nations, and is called the "law of nations," as being the law which all nations use. Inst 1, 2, 1; Dig. 1, 1, 9; 1 Bl. Comm. 43; 1 Kent, Comm. 7; Mackeld. Rom. Law, § 125.
Although this phrase had a meaning in the Roman 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," its scope being much wid­er. It was originally a system of law, or more properly equity, gathered by the early Roman lawyers and magistrates from the common in­gredients in the customs of the old Italian tribes,—those being the nations, gentes, whom they had opportunities ^f observing,—to be used in cases where the jus civile did not apply; that is, in cases between foreigners or between a Roman citizen and a foreigner. The principle upon which they proceeded 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 just. From this it was an easy tran­sition to the converse principle, viz., that any rule which instinctively commended itself to their sense of justice and reason must be a part of the jus gentium. And so the latter term came eventually to be about synonymous with "equity," (as the Romans understood it,) or the system of praetorian law.
Modern jurists frequently employ the term "jus gentium privatum" to denote private inter­national law, or that subject which is other­wise styled the "conflict of laws;" and "jus gentium publicum" for public international law, or the system of rules governing the intercourse of nations with each other as persons.
JUS GLADII. The right of the sword;
the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177.
JUS HABENDI. The right to have a thing. The right to be put in actual posses­sion of property. Lewin, Trusts, 585.
—Jus habendi et retinendi. A right to have and to retain the profits, tithes, and of­ferings, etc., of a rectory or parsonage.
JUS HJEREDITATIS. The right of in­heritance.
JUS HAURIENDI. In the civil and old English law. The right of drawing water. Fleta, lib. 4, c. 27, § 1.
JUS HONORARIUM. The body of Ro­man law, which was made up of edicts of the suprem'e magistrates, particularly the prsetors.
JUS IMAGINIS. In Roman law. The right to use or display pictures or statutes of ancestors; somewhat analogous to the right, in English law, to bear a coat of arms.
JUS IMMUNITATIS. In the civil law. The law of immunity or exemption from the burden of public office. Dig. 50, 6.
JUS IN PERSONAM. A right against a person; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something.
JUS IN RE. In the civil law. A right in a thing. A right existing in a person with respect to an article or subject of prop­erty, inherent in his relation to it, implying complete ownership with possession, and available against all the world. See Jus ad Rem.
—Jus in re propria. The right of enjoy­ment which is incident to full ownership or property, and is often used to denote the full ownership or property itself. It is distinguish­ed from jus in re ahend, which is a mere ease­ment or right in or over the property of anoth­er.
Jus in re inhserit ossibus usufruetu-arii. A right in the- thing cleaves to the person of the usufructuary.
JUS INCOGNITUM. An unknown law. This term is applied by the civilians to ob­solete laws. Bowyer, Mod. Civil Law, 33.
JUS INDIVIDUUM. An individual or indivisible right; a right incapable of divi­sion. 36 Eng. Law & Eq. 25.
JUS ITALICUM. A term of the Roman law descriptive of the aggregate of rights, privileges, and franchises possessed by the cities and inhabitants of Italy, outside of


the city of Rome, and afterwards extended to some of the colonies and provinces of the empire, consisting principally in the right to have a free constitution, to be exempt from the land tax, and to have the title to the land regarded as Quiritarian property. See Gibbon, Rom. Emp. c. xvii; Mackeld. Rom. Law, § 43.
Jus jurandi forma verbis differt, re convenit; hnno enim sensum habere debet: ut Deus invoeetur. Grot, de Jur. B., 1. 2, c. 13, § 10. The form of taking an oath differs in language, agrees in meaning; for it ought to have this sense: that the Deity is invoked.
JITS LATH. In Roman law. The right of Latium or of the Latins. The principal privilege of the Latins seems to have been the use of their own laws, and their not be­ing subject to the edicts of the praetor, and that they had occasional access to the free­dom of Rome, and a participation in her sacred rites. Butl. Hor. Jur. 41.
JUS LATIUM. In Roman law. A rule of law applicable to magistrates in Latium. It was either tnajus Latium or minus Lati­um,—the majus Latium raising to the dignity of Roman citizen not only the magistrate himself, but also his wife and children; the minus Latium raising to that dignity only the magistrate himself. Brown.
JUS LEGITIMUM. A legal right In the civil law. A right which was enforcea­ble in the ordinary course of law. 2 Bl. Comm. 328.
JUS MARITI. The right of a husband; especially the right which a husband ac­quires to his wife's movable estate by virtue of the marriage. 1 Forb. Inst. pt. 1, p. 63.
JUS MERUM. In old English law. Mere or bare right; the mere right of property in lands, without either possession or even the right of possession. 2 Bl. Comm. 197; Bract, fol. 23.
JUS NATURiE. The law of nature. See Jus Natubale.
JUS NATURAXE. The natural law, or law of nature; law, or legal principles, sup­posed to be discoverable by the light of na­ture or abstract reasoning, or to be taught by nature to all nations and men alike; or law supposed to govern men and peoples in a state of nature, i. e., in advance of organized governments or enacted laws. This conceit originated with the philosophical jurists of Rome, and was gradually extended until the phrase came to denote a supposed basis or Bubstratum common to all systems of posi­tive law, and hence to be found, in greater
or less purity, In the laws of all nations. And, conversely, they held that if any rule or principle of law was observed in common by all peoples with whose systems they were acquainted, it must be a part of the jus natu-rale, or derived from it. Thus the phrases "jus naturale" and "jus gentium" cause to be used interchangeably.
Jus naturale est quod apnd homines eandem habet potentiam. Natural right is that which has the same force among all mankind. 7 Coke, 12.
JUS NAVIGANDI. The right of nav­igating or navigation; the right of commerce by s'hips or by sea. Locc. de Jure Mar. lib. 1, c. 3.
JUS NECTS. In Roman law. The right of death, or of putting to death. A right which a father anciently had over his chil­dren.
Jus non habenti tute non paretur.
One who has no right cannot be safely obey­ed. Hob. 146.
Jus non patitur ut idem bis solvatur.
Law does not suffer that the same thing be twice paid.
JUS NON SCRIPTUM. The unwritten law. 1 Bl. Comm. 64.
JUS OFFERENDI. In Roman law, the right of subrogation, that is, the right of succeeding to the lien and priority of an elder creditor on tendering or paying into court the amount due to him. See Mackeld. Rom. Law, § 355.
JUS PAPIRIANUM. The civil law of Papirius. The title of the earliest collec­tion of Roman leges curtatm, said to have been made in the time of Tarquin, the last of the kings, by a pontifex maximus of the name of Sextus or Publius Papirius. Very few fragments of this collection now re­main, and the authenticity of these has been doubted. Mackeld. Rom. Law, § 21.
JUS PASCENDI. In the civil and old English law. The right of pasturing cattle. Inst. 2, 3, 2; Bract, fols. 536, 222.
JUS PATRONATUS. In English eccle­siastical law. The right of patronage; the right of presenting a clerk to a benefice. Blount'.
A commission from the bishop, where two presentations are offered upon the same avoidance, directed usually to his chancellor and others of competent learning, who are to summon a jury of six clergymen and six laymen to inquire into and examine who Is the rightful patron. 3 BL Comm. 246; 3 Steph. Comm. 517.


JUS PERSONARUM. Rights of per­sons. Those rights which, in the civil law, belong to persons as such, or in their differ­ent characters and relations; as parents and children, masters and servants, etc.
JUS PCENITENDI. In Roman law, the right of rescission or revocation of an ex­ecutory contract on failure of the other par­ty to fulfill his part of the agreement. See Mackeld. Rom. Law, § 444.
JUS PORTUS. In maritime law. The right of port or harbor.
JUS POSSESSIONS. The right of pos­session.
JUS POSTXIMINTL In the civil law.
The right of postliminy; the right or claim of a person who had been restored to the possession of a thing, or to a former condi­tion, to be considered as though he had never been deprived of it Dig. 49, 15, 5; 3 Bl. Comm. 107, 210.
In international law. The right by which property taken by an enemy, and re­captured or rescued from him by the fellow-subjects or allies of the original owner, is restored to the latter upon certain terms. 1 Kent, Comm. 108.
JUS PRiESENS. In the civil law. A present ^ or vested right; a right already completely acquired. Mackeld. Rom. Law, { 191.
JUS PR^iTORIUM. In the civil law. The discretion of the praetor, as distinct from the leges, or standing laws. 3 Bl. Comm. 49. That kind of law which the praetors introduced for the purpose of aid­ing, supplying, or correcting the civil law for the public benefit. Dig. 1, 1, 7. Called, also, "jus honorarium,** (g: v.)
JUS PRECARIUM. In the civil law. A right to a thing held for another, for which there was no remedy by legal action, but only by entreaty or request. 2 Bl. Comm. 328.
JUS PRESENTATIONS. The right of presentation.
JUS PRIVATUM. Private law; the law regulating the rights, conduct, and af­fairs of individuals, as distinguished from "public" law, which relates to the constitu­tion and functions of government and the administration of criminal justice. See Mackeld. Rom. Law, § 124. Also private ownership, or the right, title, or dominion of a private owner, as distinguished from "jus publicum" which denotes public own­ership, or the ownership of property by the government, either as a matter of territorial sovereignty or in trust for the benefit and
advantage of the general public. In this sense, a state may have a double right in given property, e. g., lands covered by navi­gable waters within its boundaries, includ­ing both "jus publicum," a sovereign or po­litical title, and "jus privatum," a proprie­tary ownership. See Oakland v. Oakland Water Front Co.r 118 Cal. 160, 50 Pac. 277.
JUS PROJICIENDI. In the civil law. The name of a servitude which consists in the right to build a projection, such as a balcony or gallery, from one's house in the open space belonging to one's neighbor, but without resting on his house. Dig. 50, 16, 242; Id. 8, 2, 2; Mackeld. Rom. Law, § 317.
JUS PROPRIETATIS. The right of property, as distinguished from the jus pos-sessionis, or right of possession. Bract, fol. 3. Called by Bracton "jus merum," the mere right Id.; 2 Bl. Comm. 197; 3 Bl. Comm. 19, 176.
JUS PROTEGENDI. In the civil law, The name of a servitude. It is a right by which a part of the roof or tiling of one house is made to extend over the adjoining house. Dig. 50, 16, 242, 1; Id. 8, 2, 25;' Id. 8, 5, 8, 5.
JUS PUBLICUM. Public law, or the law relating to the constitution and func­tions of government and its officers and the administration of criminal justice. Also public ownership, or the paramount or sov­ereign territorial right or title of the state or government. See Jus Privatum.
Jus publicum et privatum quod ex naturalibus prseceptis aut gentium aut oivilibus est collectum; et quod in jure scripto jus appellator, id in lege An-glise rectum esse dicitur. Co. Litt. 185. Public and private law is that which is col­lected from natural principles, either of na­tions or in states; and that which in the civil law is called "jus," in the law of Eng­land is said to be "right."
Jus publicum privatorum pactis mu-tari non potest. A public law or right cannot be altered by the agreements of pri­vate persons.
JUS QUffiSITUM. A right to ask or re­cover; for example, in an obligation there Is a binding of the obligor, and a jus qucesi-turn in the obligee. 1 Bell, Comm. 323.
JUS QUIRITIUM. The old law of
Rome, that was applicable originally to pa­tricians only, and, under the Twelve Tables, to the entire Roman people, was so called, in contradistinction to the jus proetoriun^ (q. v.,) or equity. Brown.
Jus quo universitates utuntur est idem quod babent privati. The law


which governs corporations is the same which governs individuals. Foster v. Essex Bank, 16 Mass. 265, 8 Am. Dec. 135.
JUS RECUPERANDI. The right of re­covering [lands.]
JUS REMCT-ffi. In Scotch law. The right of a relict; the right or claim of a relict or widow to her share of her hus­band's estate, particularly the movables. 2 Karnes, Eq. 340; 1 Forb. Inst. pt. 1, p. 67.
JUS REPRESENTATIONS. The right of representing or standing in the place of another, or of being represented by another.
JUS RERUM. The law of things. The law regulating the rights and powers of per­sons over things; how property is acquired, enjoyed, and transferred.
Jus respicit sequitatem. Law regards equity. Co. Litt 246; Broom, Max. 151.
JUS SCRIPTUM. In Roman law.
Written law. Inst. 1, 2, 3. All law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of the law of custom, as were not committed to writ­ing. Mackeld. Rom. Law, § 126.
In English law. Written law, or stat­ute law, otherwise called "lex acripta," as distinguished from the common law, "lex non 8cripta." 1 Bl. Comm. 62.
JUS SINGULARE. In the civil law. A peculiar or individual rule, differfng from the jus commune, or common rule of right, and established for some special reason. Mackeld. Rom. Law, § 196.
JUS STAPUUE. In old European law. The law of stapler the right of staple: A-right or privilege of certain towns of stop­ping imported merchandise, and compelling it to be offered for sale in their own mar­kets. Locc. de Jure Mar. lib. 1, c. 10.
JUS STRICTUM. Strict law; law In­terpreted without any modification, and in its utmost rigor.
Jus superveniens anctori aecrescit suc­cessor!. A right growing to a possessor ac­crues to the successor. Halk. Lat. Max. 76.
JUS TERTII. The right of a third par­ty. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, etc., is said to set up a jus tertii.
Jus testamentorom pertinet ordinario.
T. B. 4 Hen. VII., 136. The right of testa­ments belongs to the ordinary.
JUS TRIPERTITUM. In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the prae­torian edict, from the civil law, and from the imperial constitutions. Maine, Anc. Law, 207.
Jus triplex est,—proprietatis, posses-sionis, et possibilitatis. Right is three­fold,—of property, of possession, and of pos­sibility.
JUS TRTUM IjIBERORUM. In Roman law. A right or privile'ge allowed to the parent of three or more children. 2 Kent, Comm. 85; 2 Bl. Comm. 247. These privi­leges were an exemption from the trouble of guardianship, priority in bearing offices', and a treble proportion of corn. Adams, Rom. Ant. (Am. Ed.) 227.
JUS UTENDI. The right to use proper­ty without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, no. 86.
right of hunting and fishing.
Jus vendit quod usus approbavit. El-
lesm. Postn. 35. The law dispenses what use has approved.
JUSJURANDUM. Lat. An oath.
Jnsjurandum inter alios factum neo nooere neo prodesse debet. An oath made between, others ought neither to hurt nor profit. 4 Inst. 279.
JUST, Right; in accordance with law and justice
"The wwrdfc <Jnsf and 'justly' do not always meair 'just! and 'jastfy' in a moral sense, but they not unfirequeHtly; in their connection with other words in. a sentence, bear a very different signification. It is evident, however, that the word 'jusf in the statute [requiring aa affi­davit for an attachment to state dwt" plain­tiff's claim is- jttsf] means 'just' in a moral sense; and from its isolation, being made a separate subdivision of the section, it is intend­ed to mean 'morally just' in the most emphatic terms. The claim must be morally just, as well as legally just, in order to entitle a party to an attachment." Robinson v. Burton, 5 Kan. 300.
—Just cause. Legitimate cause; legal or law­ful ground for action; such reasons as will suffice in law to justify the action taken. State v. Baker, 112 La. 801, 36 South. 703; Clai­borne v. Railroad Co., 46 W. Va. 371, 33 S. E. 265.—Just compensation. As used in the constitutional provision that private property shall not be taken for public use without "just compensation," this phrase means a full and fair equivalent for the loss sustained by the taking for public use. It may be more, or it may be less than the mere money value of the property actually taken. The exercise of the power being necessary for the public good, and all property being held subject to its exercise when and as the public good requires it, it


would be unjust to the public that it should be required to pay the owner more than a fair indemnity for the loss he sustains by the ap-
gropriation of his property for the general good. »n the other hand, it would be equally unjust to the owner if he should receive less than a fair indemnity for such loss. To arrive at this fair indemnity, the interests of the public and of the owner, and all the circumstances of the particular appropriation, should be taken into consideration. Lewis, Em. Dom. § 462. And see Butler Hard Rubber Co. v. Newark, 61 N. J. Law, 32, 40 Atl. 224; Trinity College v. Hartford, 32 Conn. 452; Bauman v. Ross, 167 U. S. 548, 17 Sup. Ct. 966, 42 L. Ed. 270; Putnam v. Douglas County, 6 Or. 332, 25 Am. Rep. 527; Laflin v. Railroad Co. (C. C.) 33 Fed. 417; Newman v. Metropolitan El. R. Co., 118 N. Y. 623, 23 N. E. 901, 7 L. R. A. 289; Monongahela Nav. Co. v. U. S., 148 U. S. 312, 13 Sup. Ct. 622, 37 L. Ed. 463; Railway Co. v. Stickney, 150 111. 362. 37 N. B. 1098, 26 L. R. A. 773; Chase v. Portland, 86 Me. 367, 29 Atl. 1104; Spring Valley Wa­terworks v. Drinkhouse, 92 Cal. 536, 28 Pac. 683.—Just debts. As used in a will or a stat­ute, this term means legal, valid, and incon­testable obligations, not including such as are barred by the statute of limitations or void­able at the election of the party. See Burke v. Jones, 2 Ves. & B. 275; Martin v. Gage, 9 N. Y. 401; Peck v. Botsford, 7 Conn. 176, 18 Am. Dec. 92; Collamore v. Wilder, 19 Kan. 82; Smith v. Mayo, 9 Mass. 63, 6 Am. Dec. 28; People v. Tax Com'rs, 99 N. Y. 154, 1 N. E. 401.—Just title. x By the term "just title," in cases of prescription, we do not un­derstand that which the possessor may have de­rived from the true owner, for then no true prescription would be necessary, but a title which the possessor may have received from any person whom he honestly believed to be the real owner, provided the title were such as to transfer the ownership of the property. Civ. Code La. art. 3484; Davis v. Gaines, 104 U. S. 400, 26 L. Ed. 757; Sunol v. Hepburn, 1 Cal. 254; Kennedy v. Townslev. 16 Ala. 248.— Just value. In taxation, the fair, honest, and reasonable value of property, without ex­aggeration or depreciation; its actual market value. State v. Smith, 358 Ind. 543. 63 N. E. 214, 63 L R. A. 116; Winnipiseogee Lake, etc., Co. v. Gilford, 67 N. H. 514, 35 Atl. 945.
JUSTA. In old English law. A certain measure of liquor, being as much as was sufficient to drink at once. Mon. Angl. t. 1, c. 149.
JUSTA CAUSA. In the civil law. A just cause; a lawful ground; a legal trans­action of some kind. Mackeld. Rom. Law, § 283.
JUSTICE, v. In old English practice. To do justice; to see justice done; to sum­mon one to do justice.
JUSTICE, n. In jurisprudence. The
constant and perpetual disposition to ren­der every man his due. Inst. 1, 1, pr.; 2 Inst 56. See Borden v. State, 11 Ark. 528, 44 Am. Dec. 217; Duncan v. Magette, 25 Tex. 253; The John E. Mulford (D. C.) 18 Fed. 455. The conformity of our actions and our will to the law. Toull. Droit Civil Ft. tit. prel. no. 5.
In the most extensive sense of the word it dif­fers little from "virtue;" for it includes with­in itself the whole circle of virtues. Yet the
common distinction between them is that that which, considered positively and in itself, is called "virtue," when considered relatively and with respect to others has the name of "jus­tice." But "justice," being in itself a part of "virtue," is confined to things simply good or evil, and consists in a man's taking such a pro­portion of them as he ought Bouvier.
Commutative justice is that which should govern contracts. It consists in rendering to every man the exact measure of his dues, without regard to his personal worth or mer­its, i. e., placing all men on an equality. Distributive justice is that which should govern the distribution of rewards and pun­ishments? It assigns to each the rewards which his personal merit or services de­serve, or the proper punishment for his crimes. It does not consider all men as equally deserving or equally blameworthy, but discriminates between them, observing a just proportion and comparison. This distinction originated with Aristotle. (Eth. Nic. V.) See Fonbl. Eq. 3; Toull. Droit Civil Fr. tit. prel. no. 7.
In Norman French. Amenable to jus­tice. Kelham.
In feudal law. Jurisdiction; judicial cognizance of causes or offenses.
High justice was the jurisdiction or right of trying crimes of every kind, even the highest. This was a privilege claimed and exercised by the great lords or barons of the middle ages. 1 Robertson's Car. V., appendix, note 23. Low justice was jurisdiction of petty offenses.
In common law. The title given in Eng­land to the judges of the king's bench and the common pleas, and in America to the judges of the supreme court of the United States and of the appellate courts of many of the states. It is said that this word in its Latin form (justitia) was properly ap­plicable only to the judges of common-law courts, while the term "judex" designated the judges of ecclesiastical and other courts. See Leg. Hen. I. §§ 24, 63; Co. Litt. 71&.
The same title is also applied to some of the judicial officers of the lowest rank and jurisdiction, such as police justices and jus­tices of the peace.
—Justice ayres, (or aires.) In Scotch law. Circuits made by the judges of the justiciary courts through the country, for the distribution of justice. Bell —Justice in eyre. From the old French ^ ord "etre," t. e., a journey. Those justices who in ancient times were sent by com­mission into various counties, to hear more es­pecially such causes as were termed "pleas of the crown," were called "justices in eyre. They differed from justices in oyer and terminer, in­asmuch as the latter were sent to one place, and for the purpose of trying only a limited number of special causes; whereas the jus­tices in eyre were sent through the various counties, with a more indefinite and general commission. In some respects they resembled our present justices of assize, although their authority and manner of proceeding differed much from them. Brown.—Justice seat. In English law. The principal court of the forest, held before the chief justice in eyre, or chief itinerant judge, or his deputy; to hear and de­termine all trespasses within the forest, and all claims of franchises, liberties, and privileges,


and all pleas and causes whatsoever therein arising. 3 Bl. Comm. 72; 4 Inst. 291; 3 Steph. Comm. 440—Justices of appeal. The title given to the ordinary judges of the Eng­lish court of appeal. The first of such ordinary judges are the two former lords justices of ap­peal in chancery, and one other judge appointed by the crown by letters patent. Jud. Act 1875, § 4 —Justices of assize. These justices, or, as they are sometimes called, "justices of nisi prim," are judges of the superior English courts, who go on circuit into the various counties of England and Wales for the pur­pose of disposing of such causes as are ready for trial at the assizes. See Assize.—Justices of gaol delivery. Those justices who are sent with a commission to hear and determine all causes appertaining to persons, who, for any offense, have been cast into gaol. Part of their authority was to punish those who let to mainprise those prisoners who were not bailable by law, and they seem formerly to have been sent into the country upon this exclusive occasion, but afterwards had the same author­ity given them as the justices of assize. Brown.—Justices of laborers. In old Eng­lish law. Justices appointed to redress the fro-wardness of laboring men, who would either be idle or have unreasonable wages. Blount.— Justices of nisi prius. In English law. This title is now usually coupled with that of jus­tices of assize; the judges of the superior courts acting on their circuits in both these ca­pacities. 3 Bl. Comm. 58, 59.—Justices of oyer and terminer. Certain persons ap­pointed by the king's commission, among whom were usually two judges of the courts at West­minster, and who went twice in every year to every county of the kingdom, (except London and Middlesex,) and, at what was usually call­ed the "assizes," heard and determined all treasons, felonies, and misdemeanors. Brown. —Justices of the bench. The justices of the court of common bench or common pleas.—Jus­tices of the forest. In old English law. Officers who had jurisdiction over all offenses committed within the forest against vert or venison. The court wherein these justices sat and determined such causes was called the "jus­tice seat of the forest." They were also some­times called the "justices in eyre of the forest." Brown.—Justices of the hundred. Hun-dredors; lords of the hundreds; they who had the jurisdiction of hundreds and held the hun­dred courts.—Justices of the Jews. Justices appointed by Richard I. to carry into effect the laws and orders which he had made for regulat­ing the money contracts of the Jews. Brown. —Justices of the pavilion. In old English law. Judges of a pyepowder court, of a most transcendant jurisdiction, anciently authorized by the bishop of Winchester, at a fair held on St. Giles' hills near that city. Cowell; Blount. —Justices of the quorum. See Quorum. —Justices of trail-baston. In old English law. A kind of justices appointed by King Edward I. upon occasion of great disorders in the realm, during his absence 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 in a summary manner. Cowell; Blount.
JUSTICE OF THE PEACE. In Amer­ican law. A judicial officer of inferior rank holding a court not of record, and having /usually) civil jurisdiction of a limited na­ture, for the trial of minor cases, to an ex­tent prescribed by statute, and for the con­servation of the peace and the preliminary hearing of criminal complaints and the com­mitment of offenders. See Wenzler v. Peo­ple, 58 N. Y. 530; Com. v. Frank, 21 Pa. Co. Ct R. 120; Weikel v. Cate, 58 Md. 110;
Smith v. Abbott, 17 N. J. Law, 366; People ?. Mann, 97 N. Y. 530, 49 Am. Rep. 55a
In English law. Judges of record ap­pointed by the crown to be justices within a certain district, (e. g., a county or borough,) for the conservation of the peace, and for the execution of divers things, comprehend­ed within their commission and within di­vers statutes, committed to their charge. Stone, J. Pr. 2.
JUSTICES' COURTS. Inferior tribu­nals, not of record, with limited jurisdiction, both civil and criminal, held by justices of the peace. There are courts so called In many of the states. See Searl v. Shanks, 9 N. D. 204, 82 N. W. 734; Brownfleld v. Thompson, 96 Mo. App. 340, 70 S. W. 378.
JUSTICEMENTS. An old general term for all things appertaining to justice.
JUSTICES.. The old form of justice. Blount
JUSTICESHIP. Rank or office of a jus­tice.
JUSTICIABLE. Proper to be examined In courts of justice.
JUSTICIAR. In old English law. A judge or justice. One of several persons learned in the law, who sat in the aula regis, and formed a kind of court of appeal in cases of difficulty.
—High justicier. In old French and Cana­dian law. A feudal lord who exercised the right called "high justice." Guyot, Inst. Feod.
JUSTICIARII ITINERANTES. In Eng­lish law. Justices in eyre, who formerly went from county to county to administer justice. They were so called to distinguish them from justices residing at Westminister, who were called "justicii residentes." Co. Litt. 293.
JUSTICIARII RESIDENTES. In Eng­lish law. Justices or judges who usually resided in Westminister. They were so call­ed to distinguish them from justices in eyre. Co. Litt. 293.
JUSTICIARY. An old name for a judge or justice. The word is formed on the anal­ogy of the Latin "justiciarius" and French "justicier."
JUSTICIARY COURT. The chief crim­inal court of Scotland, consisting of five lords of session, added to the justice general and justice clerk; of whom the justice general, and, in his absence, the justice clerk, is presi­dent. This court has a jurisdiction over all crimes, and over the whble of Scotland. Bell.


JT7STIOIATUS. Judicature; prerogative.
JTJSTICIES. In English law. A writ directed to the sheriff, empowering him, for the sake of dispatch, to try an action in his county court for a larger amount than he has the ordinary power to do. It is so called be­cause it is a commission to 'the sheriff to do the party justice, the word itself meaning,
"You may do justice to ." 3 Bl. Comm.
36; 4 Inst, 2G6.
JUSTIFIABLE. Rightful; warranted or sanctioned by law; that which can be shown to be sustained by law; as justifiable homi­cide. See Homicide.
JUSTIFICATION. A maintaining or showing a sufficient reason in court why the defendant did what he is called upon to an­swer, particularly in an action of libel. A defense of justification is a defense showing the libel to be true, or in an action of assault showing the violence to have been necessary. See Steph. PI. 184.
In practice. The proceeding by which bail establish their ability to perform the un­dertaking of the bond or recognizance.
JUSTIFICATORY. A kind of compurga­tors, (g. v.,) or those who by oath justified the innocence or oaths of others; as in the case of wager of law.
JUSTIFYING BAIL consists in proving the sufficiency of bail or sureties in point of property, etc.
The production of bail in court, who there Justify themselves against the exception of the plaintiff.
JUSTINIANIST. A civilian; one who studies the civil law.
JUSTITTA. Lat. Justice. A jurisdic­tion, or the office of a judge.
—Justitia piepoudrous. Speedy justice. Bract. 3336.
Justitia debet esse libera, quia nihil iniquius venali justitia; plena, quia justitia non debet claudioare; et celeris, quia dilatio est qusedam negatio. Justice ought to be free, because nothing is more iniquitous than venal justice; full, because justice ought not to halt; and speedy, be­cause delay is a kind of denial. 2 Inst. 56.
Justitia est constans et perpetua vo­luntas jus ipm caique tribnendi. Jus­tice is a 'Steady and unceasing disposition to render to every man his due. Inst 1, 1, pr.; Dig. 1, 1, 10.
Justitia est duplex, via., severe pu» niens et vere prsevemiens. 3 Inst Epil. Justice is double; punishing severely, and truly preventing.
Justitia est virtus excellens et Altissi-mo complacens. 4 Inst. 58. Justice is ex­cellent virtue and pleasing to the Most High.
Justitia firmatur solium. 3 Inst 140. By justice the throne Is established.
Justitia nemini neganda est. Jenk. Cent 178. Justice is to be denied to none.
Justitia non est neganda non differ-enda. Jenk. Cent 93. Justice is neither to be denied nor delayed.
Justitia non novit patrem nee'matrem; solam veritatem spectat justitia. Justice knows not father nor mother; justice looks at truth alone. 1 Bulst 199.
JUSTITIUM. Lat. In the civil law. A suspension or intermission of the adminis­tration of justice in courts; vacation time. Calvin.
JUSTIZA. In Spanish law. The name anciently given to a high judicial magistrate, or supreme judge, who was the ultimate in­terpreter of the laws, and possessed other high powers.
JUSTS, or JOUSTS. Exercises between martial men and persons of honor, with spears, on horseback; different from tourna­ments, which were military exercises between many men in troops. 24 Hen. VIII. c 13.
Justum non est aliquem antenatum mortuum facere bastardum, qui pro tota vita sua pro legitimo habetur. It is not
just to make a bastard after his death one elder born who all his life has been account­ed legitimate. 8 Coke, 101.
JUXTA. Lat Near; following; accord­ing to.
—Juxta conventionem. According to the covenant. Fleta, lib. 4, c. 16, § 6.—Juxta formam statuti. According to the form of the statute.—Juxta ratam. At or after the rate. Dyer, 82.—Juxta tenorem sequen-tem. According to the tenor following. 2 Salk. 417. A phrase used in the old books when the very words themselves referred to were set forth. Id.; 1 Ld. Raym. 415.
JUZGADO. In Spanish law. The judi­ciary; the body of judges; the judges who concur in a decree.

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