


                                     J.

JACTITATION. OF MARRIAGE, Eng. eccl. law. The boasting by an individual that 
he or she has married another, from which it may happen that they will 
acquire the reputation of being married to each other. 
     2. The ecclesiastical courts may in such cases entertain a libel by the 
party injured; and, on proof of the facts, enjoin the wrong-doer to 
perpetual silence; and, as a punishment, make him pay the costs. 3 Bl. Com. 
93; 2 Hagg. Cons. R. 423 Id. 285; 2 Chit. Pr. 459. 

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

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

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

JEOPARDY. Peril, danger. 2. This is the meaning attached to this word used 
in the act establishing and regulating the post office department. The words 
of the act are, "or if, in effecting such robbery of the mail the first 
time, the offender shall wound the person having the custody thereof, or put 
his life in jeopardy by the use of dangerous weapons, such offender shall 
suffer death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95. 
     3. The constitution declares that no person shall "for the same 
offence, be twice put in jeopardy of life and limb." The meaning of this is, 
that the party shall, not be tried a second time for the same offence after 
he has once been convicted or acquitted of the offence charged, by the 
verdict of a jury, and judgment has passed thereon for or against him; but 
it does not mean that he shall not be tried for the offence, if the jury 
have been discharged from necessity or by consent, without giving any 
verdict; or, if having given a verdict, judgment has been arrested upon it, 
or a new trial has been granted in his favor; for, in such a case, his life 
and limb cannot judicially be said to have been put in jeopardy. 4 Wash. C. 
C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3. Rawle, R. 498; 3 Story 
on the Const. Sec. 1781. Vide 2 Sumn. R. 19. This great privilege is secured 
by the common law. Hawk. P. C., B. 2, 35; 4 Bl. Com. 335. 
     4. This was the Roman law, from which it has been probably engrafted 
upon the common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine 
publico accusationem deductus est, says the Code, 9, 2, 9, ab alio super 
eodem crimine deferri non potest. Vide article Non bis in idem. 

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

JETTISON, or JETSAM. The casting out of a vessel, from necessity, a part of 
the lading; the thing cast out also bears the same name; it differs from 
flotsam in this, that in the latter the goods float, while in the former 
they sink, and remain under water; it differ; also from ligan. (q.v.) 
     2. The jettison must be made for sufficient cause, and not from 
groundless timidity. In must be made in a case of extremity, when the ship 
is in danger of perishing by the fury of a storm, or is laboring upon rocks 
or shallows, or is closely pursued by pirates or enemies. 
     3. If the residue of the cargo be saved by such sacrifice, the property 
saved is bound to pay a: proportion of, the loss. In ascertaining such 
average. loss, the goods lost and saved are both to be valued at the price 
they would have brought at the place of delivery, on the ship's arrival 
there, freight, duties and other charges being deducted. Marsh. Ins. 246; 3 
Kent, Com. 185 to 187; Park. Ins., 123; Poth. Chartepartie, n. 108, et suiv; 
Boulay-Paty, Dr. Com. tit. 13; Pardessus, Dr. Com. n. 734; 1 Ware's R. 9. 

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

JEWS. See De Judaismo Statutum.

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

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

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

JOINDER OF ACTIONS, practice. The putting two or more causes of action in 
the same declaration. 
     2. It is a general rule, that in real actions there can never be but 
one count. 8 Co. 86, 87; Bac. Ab. Action, C; Com. Dig. Action, G. A count in 
a real, and a count in a mixed action, cannot be joined in the same 
declaration; nor a count in a mixed action, and a count in a personal 
action; nor a count in a mixed action with a count in another, as ejectment 
and trespass. 
     3. In mixed actions, there may be two counts in the same declaration; 
for example, waste lies upon several leases, and ejectment upon several 
demises and ousters. 8 Co. 87 b Poph. 24; Cro. Eliz. 290; Ow. 11. Strictly, 
however, ejectment at common law, is a personal action, and a count in 
trespass for an assault and battery, may be joined with it; for both sound 
in trespass, and the same judgment is applicable to both. 
     4. In personal actions, the use of several counts in the same 
declaration is quite common. Sometimes they are applied to distinct causes 
of actions, as upon several promissory notes; but it more frequently happens 
that the various counts introduced, do not really relate to different 
claims, but are adopted merely as so many different forms of propounding the 
same demand. The joinder in action depends on the form of action, rather 
than on the subject-matter of it; in an action against a carrier, for 
example, if the plaintiff declare in assumpsit, he cannot join a count in 
trover, as he may if he declare against him in case. 1 T. R. 277 but see 2 
Caines' R. 216; 3 East, R. 70. The rule as to joinder is, that when the same 
plea may be pleaded, and the same judgment given on all the counts of the 
declaration, or when the counts are all of the same nature, and the same 
judgment is to be given upon them all, though the pleas be different, as in 
the case of debt upon bond and simple contract, they may be joined. 2 Saund. 
117, c. When the same form of action may be adopted, th may join as many 
causes of action as he may choose, though he acquired the rights affected by 
different titles; but the rights of the plaintiffs, and the liabilities of 
the defendant, must be in his own character, or in his representative 
capacity, exclusively. A, plaintiff cannot sue, therefore, for a cause of, 
action in his own right, and another cause in his character as executor, and 
join them; nor can he sue the defendant for a debt due by himself, and 
another due, by him as executor. 
     5. In criminal case s, different offences may be joined in the same 
indictment, if of the same nature, but an indictment may be quashed, at the 
discretion of the court, when the counts are joined in such a manner as will 
confound the evidence. 1 Chit. Cr. Law, 253-255. In Pennsylvania, it has 
been decided that when a defendant was indicted at one session of the court 
for a conspiracy to cheat a third person, and at another session of the same 
court he was indicted for another conspiracy to cheat another person, the 
two bills might be tried by the same jury against the will of the defendant, 
provided he was not thereby deprived of any material right, as the right to 
challenge; whether he should be so tried or not seems to be a matter of 
discretion with the court. 5 S. & R. 59 12 S. R. 69. Vide Separate Trial. 
Vide, generally, 2 Saund. 117, b. to 117, c.; Com. Dig. Action, G; 2 Vin. 
Ab. 38; Bac. Ab. Actions in General, C; 13 John. R. 462; 10 John. R. 240; 11 
John. R. 479; 1 John. R. 503; 3 Binn. 555; 1 Chit Pl. 196 to 205; Arch. Civ. 
Pl. 172 to 176; Steph. Pl. Index, h.t. Dane's Ab. h.t. 

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

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

JOINDER OF PARTIES TO ACTIONS. It is a rule in actions ex contractu that all 
who have a legal interest in the contract, and no others, must join in 
action founded on a breach of such contract; whether the parties are too 
many or too few, it is equally fatal. 8 S. & R. 308: 4 Watts, 456; 1 Breese, 
286; 6 Pick. 359. 6 Mass. 460; 2 Conn. 697; 6 Wend. 629; 2 N. & M. 70; 1 
Bailey, 13; 5 Verm. 116; 3 J. J. Marsh. 165; 16 John. 34; 19 John. 213; 2 
Greenl. 117; 2 Penn. 817. 
     2. In actions ex contractu all obligors jointly and not severally 
liable, and no others, must be made defendants. 1 Saund. 153, note 1; 1 
Breese, 128; 11 John. 101; J. J. Marsh. 38; 2 John. 213. 
     3. In actions ex. delicto, when an injury is done to the property of 
two or more joint owners, they must join in the action. 1 Saund. 291, g; 11 
Pick. 269; 12 Pick. 120; 7 Mass. 135; 13 John. 286. 
     4. When a tort is of such a nature that it may be committed by several, 
they may all be joined in an action ex delicto, or they may be sued 
severally. But when the tort cannot be committed jointly, as, for example, 
slander, two or more persons cannot be sued jointly, although they may have 
uttered the same words. 6 John. 32. See, generally, 3 Bouv. Inst. n. 2648, 
et seq. 

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

JOINT CONTRACT. One in which the contractors are jointly bound to perform 
the promise or obligation therein contained, or entitled to receive the 
benefit of such promise or obligation. 
     2. It is a general rule that a joint contract survives, whatever may be 
the beneficial interests of the parties under it; where a partner, 
covenantor, or other person entitled, having a joint interest in a contract 
not running with the land, dies, the right to sue survives in the other 
partner, &c. 1 Dall. 65, 248; Addis. on Contr. 285. And when the obligation 
or promise is to perform something jointly by the obligor or promissors, and 
one dies, the action must be brought against the survivor. Ham. on Part. 
156. 
     3. When all the parties interested in a joint contract die, the action 
must be brought by the executors or administrators of the last surviving, 
obligee, against the executors or administrators of the last surviving 
obligor. Addis. on Contr. 285. See Contracts; Parties to Actions; Co-
obligor. 

JOINT EXECUTORS. It is proposed to consider, 1. The interest which they have 
in the estate of the deceased. 2. How far they are liable for each other's 
acts. 3. The rights of the survivor. 
     2.-1. Joint executors are considered in law as but one person, 
representing the testator, and, therefore, the acts of any one of them, 
which relate either to the delivery, gift, sale, payment, possession or 
release of the testator's goods, are deemed, as regards the persons with 
whom they contract, the acts of all. Bac. Abr. h.t.; 11 Vin. Abr. 358; Com. 
Dig. Administration, B 12; 1 Dane's Abr. 583; 2 Litt. (Kentucky) R. 315; 
Godolph. 314; Dyer, 23, in marg. 16 Serg. & Rawle, 337. But an executor 
cannot, without the knowledge of his co-executor, confess a judgment for a 
claim, part of which was barred by the act of limitations, so as to bind the 
estate of the testator. 6 Penn. St. Rep. 267. 
     3.-2. As a general rule, it may be laid down that each, executor is 
liable for his own wrong, or devastavit only, and not for that of his 
colleague. He may be rendered liable, however, for the misplaced confidence 
which he may have reposed in his coexecutor. As, if he signs a receipt for 
money, in conjunction with another executor, and he receives no part of the 
money, but agrees that the other, executor shall retain it, and apply it to 
his own use, this is his own misapplication, for which he is responsible. 1 
P. Wms. 241, n. 1; 1 Sch. & Lef. 341; 2 Sch. & Lef. 231; 7 East, R. 256; 11 
John. R. 16; 11 Serg. & Rawle, 71; Hardw. 314; 5 Johns. Ch. R. 283; and see 
2 Bro. C. C. 116; 3 Bro. C. C. 112; 2 Penn. R. 421; Fonb. Eq. B. 2, c. 7, s. 
5, n. k. 
     4.-3. Upon the death of one of several joint executors, the right of 
administering the estate of the testator devolves upon the survivor. 3 Atk. 
509 Com. Dig. Administration, B 12; Hamm. on Parties, 148. 
     5. In Pennsylvania, by legislative enactment, it is provided, "that 
where testators may devise their estates to their executors to be sold, or 
direct such executors to sell and convey such estates, or direct such real 
estate to be sold, without naming, or declaring who shall sell the same, if 
one or more of the executors die, it shall or may be lawful for the 
surviving executor to bring actions for the recovery of the possession 
thereof, and against trespassers thereon; to sell and "convey such real 
estate, or manage the same for the benefit of the persons interested 
therein." Act of March 12, 1800, 3 Sm. L. 433. 

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

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

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

JOINTRESS or 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, estates.. A competent livelihood of freehold for the wife, of 
lands and tenements; to take effect in profit or possession, presently after 
the death of the husband, for the life of the wife at least. 
     2. Jointures are regulated by the statute of 27 Hen. VIII. o. 10, 
commonly called the statute of uses. 
     3. To make a good jointure, the following circumstances must concur, 
namely; 1. It must take effect, in possession or profit, immediately from 
the death of the husband. 2. It must be for the wife's life, or for some 
greater estate. 3. It must be limited to the wife herself, and not to any 
other person in trust for her. 4. It must be made in satisfaction for the 
wife's whole dower, and not of part of it only. 5. The estate limited to the 
wife must be expressed or averred to be, in satisfaction of her whole dower. 
6. It must be made before marriage. A jointure attended with all these 
circumstances is binding on the widow, and is a complete bar to the claim of 
dower; or rather it prevents its ever arising. But there are other. modes of 
limiting an estate to a wife, which, Lord Coke says, are good jointures 
within the statute, provided the wife accepts of them after the death of the 
husband. She may, however, reject them, and claim her dower. Cruise, Dig. 
tit. 7; 2 Bl. Com. 137; Perk. h.t. In its more enlarged sense, a jointure 
signifies a joint estate, limited to both husband and. wife. 2 131. Com. 
137. Vide 14 Vin. Ab. 540; Bac. Ab. h.t.; 2 Bouv. Inst. n. 1761, et seq. 

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

JOURNAL, mar. law. The book kept on board of a ship or other vessel, which 
contains an account of the ship's course, with a short history of every 
occurrence during the voyage. Another name for logbook. (q.v.) Chit. Law of 
Nat. 199. 

JOURNAL, common law. A book used among merchants, in which the contents of 
the waste-book are separated every month, and entered on the debtor and 
creditor side, for more convenient posting in the ledger. 

JOURNAL, legislation. An account of the proceedings of a legislative body. 
     2. The Constitution of the United States, art. 1, s. 5, directs that 
"each house shall keep a journal of its proceedings; and from time to time 
publish the same, excepting such parts as may, in their judgment, require 
secrecy." Vide 2 Story, Const., 301. 
     3. The constitutions of the several states contain similar provisions. 
     4. The journal of either house is evidence of the action of that house 
upon all matters before it. 7 Cowen, R. 613 Cowp. 17. 

JOURNEYS ACCOUNT, Eng. practice. When a writ abated without any fault of the 
plaintiff, he was permitted to sue out a new writ, within as little time as 
he possibly could after abatement of the first writ, which was quasi a 
continuance of the first writ, and placed him in a situation in which he 
would have been, supposing he had still, proceeded on that writ. This was 
called journeys account. 
     2. This mode of proceeding has fallen into disuse, the practice now 
being to permit that writ to be quashed, and torque out another. Vide Termes 
de la Ley, h.t.; Bac. Ab. Abatement, Q; 14 Vin. Ab. 558; 4 Com. Dig. 714; 7 
Mann. & Gr. 762. 

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

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

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

JUDGE. A public officer, lawfully appointed to decide litigated questions 
according to law. This, in its most extensive sense, includes all officers 
who are appointed to decide such questions, and not only judges properly so 
called, but also justices of the peace, and jurors, who are judges of the 
facts in issue. See 4 Dall. 229; 3 Yeates, IR. 300. In a more limited sense, 
the term judge signifies an officer who is so named in his commission, and 
who presides in some court. 
     2. Judges are appointed or elected, in a variety of ways, in the United 
States they are appointed by the president, by and with the consent of the 
senate; in some of the states they are appointed by the governor, the 
governor and senate, or by the legislature. In the United States, and some 
of the states, they hold their offices during good behaviour; in others, as 
in New York, during, good behaviour, or until they shall attain a certain 
age and in others for a limited term of years. 
     3. Impartiality is the first duty of a judge; before he gives an 
opinion, or sits in judgment in a cause, he ought to be certain that he has 
no bias for or against either of the parties; and if he has any (the 
slightest) interest in the cause, he is disqualified from sitting as judge; 
aliquis non debet esse judex in propria causa; 8 Co. 118; 21 Pick. Rep. 101; 
5 Mass. 92; 13 Mass. 340; 6 Pick. R. 109; 14 S. & R. 157-8; and when he is 
aware of such interest, he ought himself to refuse to sit on the case. It 
seems it is discretionary with him whether he will sit in a cause in which 
he has been of counsel. 2 Marsh. 517; Coxe, 164; see 2 Binn. 454. But the 
delicacy which characterizes the judges in this country, generally, forbids 
their sitting in such a cause. 
     4. He must not only be impartial, but he must follow and enforce the 
law, whether good or bad. He is bound to declare what the law is, and not 
to make it; he is not an arbitrator, but an interpreter of the law. It is 
his duty to be patient in the investigation of the case, careful in 
considering it, and firm in his judgment. He ought, according to Cicero, 
"never to lose sight that he is a man, and that he cannot exceed the power 
given him by his commission; that not only power, but public confidence has 
been given to him; that he ought always seriously to attend not to his 
wishes but to the requisitions of law, of justice and religion." Cic. pro. 
Cluentius. A curious case of judicial casuistry is stated by Aulus Gellius 
Att. Noct. lib: 14, cap. 2, which may be interesting to the reader. 
     5. While acting within the bounds of his jurisdiction, the judge is hot 
responsible for any error of judgment, nor mistake he may commit as a judge. 
Co. Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates, R. 443; N. & M'C. 168; 
1 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. R. 
395; 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 
Bay, 1, 69; 8 Wend. 468; 3 Marsh. R. 76,. When he acts corruptly, he may be 
impeached. 5 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225. 
     6. A judge is not competent as a witness in a cause trying before him, 
for this, among other reasons, that he can hardly be deemed capable of 
impartially deciding on the admissibility of his own testimony, or of 
weighing. it against that of another.  Martin's R. N. S. 312. Vide, Com. 
Dig. Courts, B 4, C 2, E 1, P 16 justices, 1 1, 2, and 3; 14 Vin. Ab. 573; 
Bac. Ab. Courts, &c., B; 1 Kent, Com. 291; Ayl. Parerg. 309; Story, Const. 
Index, h.t. See U. S. Dig. Courts, I, where will be found an abstract of 
various decisions relating to the appointment and powers of judges in 
different states. Vide Equality; Incompetency.; 

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

JUDGE'S NOTES. They are short statements, made by a judge on the trial of a 
cause, of what transpires in the course of such trial. They usually contain 
a statement 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. 
     2. In general judge's notes are not evidence of what transpired at a 
former trial, nor can they be read to prove what a deceased witness swore to 
on such former trial, for they are no part of the record, and he is not 
officially bound to make them. But in chancery, when a new trial is ordered 
of an issue sent out of chancery to a court of law, and it is suggested that 
some of the witnesses in the former trial are of an advanced age, an order 
may be made that, in the event of death or inability to attend, their 
testimony may be read from the judge's notes. 1 Greenl. Ev. Sec. 166. 

JUDGMENT, practice. The decision or sentence of the law, given by a court of 
justice or other competent tribunal, as the result of proceedings instituted 
therein, for the redress of an injury. 
     2. The language of judgments, therefore, is not that "it is decreed," 
or "resolved," by the court; but "it is considered," (consideratum est per 
curiam) that the plaintiff recover his debt, damages, or possession, as the 
case may require, or that the defendant do go without day. This implies that 
the judgment is not so much the decision of the court, as the sentence of 
the law pronounced and decreed by the court, after due deliberation and 
inquiry. 
     3. To be valid, a judicial judgment must be given by a competent judge 
or court, at a time and place appointed by law, and in the form it requires. 
A judgment would be null, if the judge had not jurisdiction of the matter; 
or, having such jurisdiction, he exercised it when there was no court held, 
or but of his district; or if be rendered a judgment before the cause was 
prepared for a hearing. 
     4. The judgment must confine itself to the question raised before the 
court, and cannot extend beyond it. For example, where the plaintiff sued 
for an injury committed on his lands by animals owned and kept carelessly by 
defendant, the judgment may be for damages, but it cannot command the 
defendant for the future to keep his cattle out of the plaintiff's land. 
That would be to usurp the power of the legislature. A judgment declares the 
rights which belong to the citizen, the law alone rules future actions. The 
law commands all men, it is the same for all, because it is general; 
judgments are particular decisions, which apply only to particular persons, 
and bind no others; they vary like the circumstances on which they are 
founded. 
     5. Litigious contests present to the courts facts to appreciate, 
agreements to be construed, and points of law to be resolved. The judgment 
is the result of the full examination of all these. 
     6. There are four kinds of judgments in civil cases, namely: 1. When 
the facts are admitted by the parties, but the law is disputed; as in case 
of judgment upon demurrer. 2. When the law is admitted, but the facts are 
disputed; as in, case of judgment upon a verdict. 3. When both the law and 
the facts are admitted by confession; as, in the case of cognovit actionem, 
on the part of the defendant; or nolle prosequi, on the part of the 
plaintiff. 4. By default of either party in the course of legal proceedings, 
as in the case of judgment by nihil dicit, or non sum informatus, when the 
defendant has omitted to plead or instruct his attorney to do so, after a 
proper notice or in cases of judgment by non pros; or, as in case of 
nonsuit, when the plaintiff omits to follow up his proceedings. 
     7. These four species of judgments, again, are either interlocutory or 
final. Vide 3 Black. Com. 396; Bing. on Judg. 1. For the lien of judgment 
in the several estates, vide Lien. 
     8. A list of the various judgments is here given.
     9. Judgment in assumpsit is either in favor of the plaintiff or 
defendant; when in favor of the plaintiff, it is that he recover a specified 
sum, assessed by a jury, or on reference to the prothonotary, or other 
proper officer, for the damages which he has sustained, by reason of the 
defendant's non-performance of his promises and undertakings, and for full 
costs of suit. 1 Chit. Pl. 100. When the judgment is for the defendant, it 
is that he recover his costs. 
    10. Judgment in actions on the case for torts, when for the plaintiff, 
is that he recover a sum of money ascertained by a jury for his damages 
occasioned by the committing of the grievances complained of, and the costs 
of suit. 1 Ch. Pl. 147. When for the defendant, it is for costs. 
    11. Judgment of cassetur breve, or billa, is in cases of pleas in 
abatement where the plaintiff prays that his "writ" or "bill" "may be 
quashed, that he may sue or exhibit a better one." Steph. Pl. 130, 131, 128 
Lawes, Civ. PI. 
    12. Judgment by confession. When instead of entering a plea, the 
defendant chooses to confess the action; or, after pleading; he does, at any 
time before trial, both confess the action and withdraw his plea or other 
allegations; the judgment against him, in these two cases, is called a 
judgment by confession or by confession relicta verificatione. Steph. Pl. 
130. 
    13. Contradictory judgment. By this term is understood, in the state of 
Louisiana, a judgment which has been given after the parties have been 
heard, either in support of their claims, or in their defence. Code of 
Pract. art. 535; 11 L. R. 366, 569. A judgment is called contradictory to 
distinguish it from one which is rendered by default. 
    14. Judgment in covenant; when for the plaintiff, is that he recover an 
ascertained sum for his damages, which he has sustained by reason of the 
breach or breaches of the defendant's covenant, together with costs of suit. 
1 Chitty's Plead. 116, 117. When for the defendant, the judgment, is for 
costs. 
    15. Judgment in the action of debt; when for the plaintiff, is that he 
recover his debt, and in general, nominal damages for the detention thereof; 
and in cases under the 8 and 9 Wm. III. c. 11, it is also awarded, that the 
plaintiff have execution for the damages sustained by the breach of a bond, 
conditioned for the performance of covenants; and that plaintiff recover 
full costs of suit. 1 Chitty's Pl. 108, 9. 
    16. In some penal and other particular actions the plaintiff does not, 
however, always recover costs. Espinasse on Pen. Act. 154: Hull. on Costs, 
200; Bull. N. P. 333; 5 Johns. R. 251. 
    17. When the judgment is for the defendant, it is generally for costs. 
In some penal actions, however, neither party can recover costs, 5 Johns. R. 
251. 
    18. Judgment by default, is a judgment rendered in consequence of tho 
non-appearance of the defendant, and is either by nil dicit; vide Judgment 
by nil dicit, or by non sum informatus; vide Judgment by non sum informatus. 
    19. This judgment is interlocutory in assumpsit, covenant, trespass, 
case, and replevin, where the sole object of the action is damages; but in 
debt, damages not being the principal object of the action, the plaintiff 
usually signs final judgment in the first instance. Vide Com. Dig. Pleader, 
B 11 and 12, E 42; 7 Vin. Ab. 429; Doct. Pl. 208; Grah. Pr, 631 Dane's Ab. 
Index, h.t.; 3 Chit. Pr. 671 to 680; Tidd's Pr. 563; 1 Lilly's Reg. 585; 
and article Default. 
    20. Judgment in the action of detinue; when for the plaintiff, is in the 
alternative, that he recover the goods, or the value thereof, if he cannot 
have the goods themselves, and his damage for the detention and costs. 1 Ch. 
Pl. l21, 2; 1 Dall. R. 458. 
    2l. Judgment in error, is a judgment rendered by a court of error, on a 
record sent up, from an inferior court. These judgments are of two kinds, of 
affirmance and reversal. When the judgment is for the defendant in error, 
whether the errors assigned be in law or in fact, it is "that the former 
judgment be affirmed, and stand in full force and effect, the said causes 
and matters assigned for error notwithstanding, and that the defendant in 
error recover $____ for his damages, charges and costs which he hath 
sustained," &c. 2 Tidd's Pr. 1126; Arch. Forms, 221. When it is for the 
plaintiff in error, the judgment is that it be reversed or recalled. It is 
to be reversed for error in law, in this form, that it be reversed, annulled 
and altogether holden for nought." Arch. Forms, 224. For error in fact the, 
judgment is recalled, revocatur. 2 Tidd's Pr. 1126. 
    22. A final judgment is one which puts an end to the suit.
    23. When the issue is one in fact, and is tried by a jury, the jury at 
the time that they try the issue, assess the damages, and the judgment is 
final in the first instance, and is that the plaintiff do recover the 
damages assessed. 
    24. When an interlocutory judgment has been rendered, and a writ of 
inquiry has issued to ascertain the damages, on the return of the 
inquisition the plaintiff is entitled to a final judgment, namely, that he 
recover the amount of damages so assessed. Steph. Pl. 127, 128. 
    25. An interlocutory judgment, is one given in the course of a cause, 
before final judgment. When the action sounds in damages, and the issue is 
an issue in law, or when any issue in fact not tried by a jury is decided in 
favor of the plaintiff, then the judgment is that the plaintiff ought to 
recover his damages without specifying their amount; for, as there has been 
no trial by jury in the case, the amount of damages is not yet ascertained. 
The judgment is then said to be interlocutory. 
    26. To ascertain such damages it is the practice to issue a writ of 
inquiry. Steph. Pl. 127. When the action is founded on a promissory note, 
bond, or other writing, or any other contract by which the amount due may be 
readily computed, the practice is, in some courts, to refer it to the 
prothonotary or clerk to assess the damages. 
    27. There is one species of interlocutory judgment which establishes 
nothing but the inadequacy of the defence set up this is the judgment for 
the plaintiff on demurrer to a plea in abatement, by which it appears that 
the defendant has mistaken the law on a point which does not affect the 
merits of his case; and it being but reasonable that he should offer, if he 
can, a further defence, that judgment is that he do answer over, in 
technical language, judgment of respondeat ouster. (q.v.) Steph. Plead, 
126; Bac. Ab. Pleas, N. 4; 2 Arch. Pr. 3. 
    28. Judgment of nil capiat per breve or per billam. When an issue arises 
upon a declaration or peremptory plea, and it is decided in favor of the 
defendant, the judgment is, in general, that, the plaintiff take nothing by 
his writ, (or bill,) and that the defendant go thereof without day, &c. This 
is called a judgment of nil capiat per breve, or per billam. Steph. Pl. 128. 
    29. Judgment by nil dicit, is one rendered against a defendant for want 
of a plea. The plaintiff obtains a rule on the defendant to plead within a 
time specified, of which he serves a notice on the defendant or his 
attorney; if the defendant neglect to enter a plea within the time 
specified, the plaintiff may sign judgment against him. 
    30. Judgment of nolle prosequi, is a judgment entered against the 
plaintiff, where, after appearance and before judgment, he says, "he will 
not further prosecute his suit." Steph. Pl. 130 Lawes Civ. Pl. 166. 
    31. Judgment of non obstante veredicto, is a judgment rendered in favor 
of the plaintiff, without regard to the verdict obtained by the defendant. 
    32. The motion for such judgment is made where after a pleading by the 
defendant in confession and avoidance, as, for example, a plea in bar, and 
issue joined thereon, and verdict found for, the defendant, the plaintiff on 
retrospective examination of the record, conceives that such plea was bad in 
substance, and might have been made the subject of demurrer on that ground. 
If the plea was itself substantially bad in law, of course the verdict, 
which merely shows it to be true in point of fact, cannot avail to entitle 
the defendant to judgment; while on the other hand the plea being in 
confession and avoidance, involves a confession of the plaintiff's 
declaration, and shows that he was entitled. to maintain his action. In such 
case, therefore, this court will give judgment for the plaintiff, without 
regard to the verdict; and this, for the reasons above explained, is called 
a judgment upon confession. Sometimes it may be expedient for the plaintiff 
to move for judgment non obstante, &c., even though the verdict be in his 
own favor; for, if in such case as above described, he takes judgment as 
upon the verdict, it seems that such judgment would be erroneous, and that 
the only safe course is to take it as upon confession. 1 Wils. 63; Cro. 
Eliz, 778 2 Roll. Ab. 99. See also, Cro. Eliz. 2 1 4 6 Mod. 1 0; Str. 394; 1 
Ld. Raym. 641; 8 Taunt. 413; Rast. Ent. 622; 1 Wend. 307; 2 Wend. 624; 5 
Wend. 513; 4 Wend. 468; 6 Cowen, R. 225. See this Dict. Repleader, for the 
difference between a repleader and a judgment non obstante veredicto. 
    33. 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. 
    34. Judgment of non pros. (from non prosequitur,) is one given against 
the plaintiff, in any class of actions, for not declaring, or replying, or 
surrejoining, &c., or for not entering the issue. 
    35. Judgment of nonsuit, Practice, is one against the plaintiff, which 
happens when, on trial by jury, the plaintiff, on being called or demanded, 
at the instance of the defendant, to be present while the jury give their 
verdict, fails to make his appearance. 
    36. In this case, no verdict is given, but the judgment of nonsuit 
passes against the plaintiff. So if, after issue be joined, the plaintiff 
neglect to bring such issue on to be tried in due time, as limited by the 
practice of the court, in the particular case, judgment will be also given 
against him for this default; and it is called judgment as in case of 
nonsuit. Steph. Pl. 131. 
    37. After suffering a nonsuit, the plaintiff may commence another action 
for the same cause for which the first had been instituted. 
    38. In some cases, plaintiffs having obtained information in what manner 
the jury had agreed upon their verdict before it was delivered in court, 
have, when the jury were ready to give in such verdict against them, 
suffered a nonsuit for the purpose of commencing another action and 
obtaining another trial. To prevent this abuse, the legislature of 
Pennsylvania have provided, by the Act of March 28, 1814, 6:Reed's L. 208, 
that "whenever on the trial of any cause, the jury shall be ready to give in 
their verdict, the plaintiff shall not be called, nor shall he then be 
permitted to suffer a nonsuit." 
    39. Judgment quod computet. The name of an interlocutory judgment in an 
action of account render that the defendant do account, quod computet. Vide 
4 Wash. C. C. R. 84; 2 Watts, R. 95; 1 Penn. R. 138. 
    40. Judgment quod recuperet. When an issue in law, other than one 
arising on a dilatory plea, or an issue in fact, is decided in favor of the 
plaintiff, the judgment is, that the plaintiff do recover, which is called a 
judgment quod recuperet. Steph. Pl. 126; Com. Dig. Abatement, I 14, I 15; 2 
Arch. Pr. 3. This judgment is of two kinds, namely, interlocutory or final. 
    41. Judgment in replevin, is either for the plaintiff or defendant. 
    42.-1. For the plaintiff. 1. When the declaration is in the detinuit, 
that is, where the plaintiff declares, that the chattels "were detained 
until replevied by the sheriff," the judgment is that he recover the damages 
assessed by the jury for the taking and unjust detention, or for the latter 
only, where the former was justifiable, as also his costs. 5 Serg. & Rawle, 
133 Ham. N. P. 488. 
    43.-2. If the replevin is in the detinet, that is, where the plaintiff 
declares that the chattels taken are "yet detained," the jury must find, 
'in addition to the above, the value of the chattels, (assuming that they 
are still detained,) not in a gross sum, but each separate article; for tho 
defendant, perhaps, will restore some, in which case the plaintiff is to 
recover the value of the remainder. Ham. N. P. 489; Fitz. N. B. 159, b; 5 
Serg. & Rawle, 130. 
    44.-2. For the defendant. 1. If the replevin be abated, the judgment 
is, that the writ or plaint abate, and that the defendant (having avowed) 
have a return of the chattels. 
    46.-2. When the plaintiff is nonsuited) the judgment for the 
defendant, at common law, is, that the chattels be restored to him, and this 
without his first assigning the purpose for which they were taken, because, 
by abandoning his suit, the plaintiff admits that he had no right to 
dispossess the defendant by prosecuting the replevin. The form of this 
judgment. is simply "to have a return," without adding the words "to hold 
irreplevisable." Ham. N. P. 490. 
    46. As to the form of judgments in cases of nonsuit, under the 21 Hen. 
VIII. c. 19, and 17 Car. II. c. 7, see Ham. N. P. 490, 491; 2 Ch. Plead. 
161; 8 Wentw. Pl. 116; 5 Serg. & Rawle, 132; 1 Saund. 195, n. 3; 2 Saund. 
286, n. 5. It is still in the defendant's option in these cases, to take his 
judgment pro retorno habendo at common law. 5 Serg. & Rawle, 132; 1 Lev. 
265; 3 T. R. 349. 
    47.-3. When the avowant succeeds upon the merits of his case, the 
common law judgment is, that he "have return irreplevisable," for it is 
apparent that he is by law entitled to keep possession of the goods. 5 Serg. 
& Rawle, 135; Ham. N. P. 493; 1 Chit. Pl. 162. For the form of judgments in 
favor of the avowant, under the last mentioned statutes, gee Ham. N. P. 494-
5. 
    48. Judgment of respondeat ouster. When there is an issue in law, 
arising on a dilatory plea, and it is decided in favor of the plaintiff, the 
judgment is only that the defendant answer over, which is called a judgment 
of respondeat ouster. The pleading is accordingly resumed, and the action 
proceeds. Steph. Pl. 126; see Bac. Abr. Pleas, N 4; 2 Arch. Pr. 3. 
    49. Judgment of retraxit, is one where, after appearance and before 
judgment, the, plaintiff enters upon the record that he "withdraws his 
suit;" in such case judgment is given against him. Steph. Pl. 130. 
    50. Judgment in an action on trespass, when for the plaintiff, is, that 
he recover the damages assessed by the jury, and the costs. For the 
defendant, that he recover the costs. 
    51. Judgment in action on the case for trover, when for the plaintiff, 
is, that he recover damages and costs. 1 Ch. Pl. 157, For the defendant, the 
judgment is, that he recover his costs. 
    52. Judgment of capiatur. At common law, on conviction, in a civil 
action, of a forcible wrong, alleged to have been committed vi et armis, 
&c., the defendant was obliged to pay a fine to the king, for the breach of 
the peace implied in the act, and a judgment of capiatur pro fine was 
rendered against him, under which he was liable to be arrested, and 
imprisoned till the fine was paid. But by the 5 W. & M. c. 12, the judgment 
of capiatur pro fine was abolished. Gould on Pl. Sec. 38, 82; Bac. Ab. Fines 
and Amercements, C 1; 1 Ld. Raym. 273, 4; Style, 346. See Judgment of 
misericordia, 53. Judgment of misericordia. At common law, the party to, a 
suit who did not prevail was punished for his unjust vexation, and therefore 
judgment was given against him, quod sit in misericordia pro falso clamore. 
Hence, when the plaintiff sued out a writ, the sheriff was obliged to take 
pledges of prosecution before he returned it, which when fines and 
amercements were considerable, were real and responsible persons, and 
answerable for those amercements; but now they are never levied, and the 
pledges are merely formal, namely, John Doe and Richard Roe. Bac. Ab. Fines, 
&c., C 1 1 Lord Ray. 273, 4. 
    54. In actions where the judgment was against the defendant, it was 
entered at common law, with a misericordia or a capiatur. With a 
misericordia in actions on contracts, with a capiatur in actions of 
trespass, or other forcible wrong, alleged to have been committed vi et 
armis. See Judgment of capiatur; Gould on Pl. c. 4, Sec. 38, 82, 83. 
    55. Judgment quod partitio fiat, is a judgment, in a writ of partition, 
that partition be made; this is not a final judgment. The final judgment is, 
quod partitio facta firma et stabilis in perpetuum teneatur. Co. Litt. 169; 
2 Bl. Rep. 1159. 
    56. Judgment quod partes replacitent. The name of a judgment given when 
the court award a repleader. 
    57. When issue is joined on an immaterial point, or a point on which the 
court cannot give a judgment determining the right, they award a repleader 
or judgment quod partes replacitent. See Bac. Ab. Pleas, &c., M; 3 Heyw. 
159; Peck's R. 325. See, generally, Bouv. Inst. Index, h.t. 

JUDGMENT, ARREST OF, practice. This takes place when the court withhold 
judgment from the plaintiff on the ground that there is some error appearing 
on the face of the record, which vitiates the proceedings. In consequence of 
such error, on whatever part of the record it may arise, from the 
commencement of the suit to the time when the motion in arrest of judgment 
is made, the court are bound to arrest the judgment. 
     2. It is, however, only with respect to objections apparent on the 
record, that such motions can be made. They cannot, in general, be made in 
respect to formal objections. This was formerly otherwise, and judgments 
were constantly arrested for matters of mere form; 3 Bl. Corn. 407; 2 
Reeves, 448; but this abuse has been long remedied by certain statutes 
passed at different periods, called the statutes of amendment and jeofails, 
by the effect of which, judgments, cannot, in general, now be arrested for 
any objection of form. Steph. Pl. 117; see 3 Bl. Com. 393; 21 Vin. Ab. 457; 
1 Sell. Pr. 496. 

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

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

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

JUDICIAL. Belonging, or emanating from a judge, as such. 
     2. Judicial sales, are such as are ordered by virtue of the process of 
courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50. 
     3. A judicial writ is one issued in the progress of the cause, in 
contradistinction to an original writ. 3 Bl. Com. 282. 
     4. Judicial decisions, are the opinions or determinations of the judges 
in causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & Ald. 122 
4 Barn. & Adolph. 207 1 H. B1. 63; 5 M. & S. 185. 
     5. Judicial power, the authority vested in the judges. The constitution 
of the United States declares, that "the judicial power of the United States 
shall be vested in one supreme court, and in such inferior courts as the 
congress may, from time to time, ordain and establish." Art. 3, s. 1. 6. By 
the constitutions of the several states, the judicial power is vested in 
such courts as are enumerated in each respectively. See the names Of, the 
several states. There is nothing in the constitution of the United States to 
forbid or prevent the legislature of a state from exercising judicial 
functions; 2 Pet. R. 413; and judicial acts have occasionally been performed 
by the legislatures. 2 Root, R. 350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 
Pet. R. 660; 16 Mass. R. 328; Walk. R. 258; 1 New H. Rep. 199; 10 Yerg. R. 
59; 4 Greenl. R. 140; 2 Chip., R. 77; 1 Aik. R. 314. But a state legislature 
cannot annul the judgments, nor determine the jurisdiction of the courts of 
the United States; 5 Cranch, It. 116; 2 Dall. R. 410; nor authoritatively 
declare what the law is, or has been, but what it shall be. 2 Cranch, R. 
272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R. 451; 9 M. R. 
325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 L. R. 438 7 M. 
R. 325; 9 M. R. 204; 10 M. R. 1. 

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

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

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. 6 N. S. 494. 

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

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

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

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

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

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

JUNIOR. Younger.
     2. This has been held to be no part of a man's name, but an addition by 
use, and a convenient distinction between a father and son of the same name. 
10 Mass. R. 203 10 Paige, 170; 1 Pick. R. 388; 7 John. It. 549; 2 Caines, 
164 1 Pick. 388 15 Pick. 7; 17 Pick. 200 3 Metc. 330. 
     3. Any matter that distinguishes persons renders the addition of junior 
or senior unnecessary. 1 Mod. Ent. 35; Salk. 7. But if father and son have 
both the same name, the father shall be, prima facie, intended, if junior be 
not added, or some other matter of distinction. Salk, 7; 6 Rep. 20 11 Rep. 
39; Hob. 330. If father and son have the same name and addition, and the 
former sue the latter, the writ is abateable unless the son have the further 
addition of junior, or the younger. But if the father be the defendant and 
the son the plaintiff, there is no need of the further addition of senior, 
or the elder, to the name of the father. 2 Hawk. 187; Laws of Women, 380. 

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

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

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

JURA SUMMA IMPERII. Rights of sovereignty or supreme dominion. 

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

JURAMENTUM JUDICIALE. A term in the civil law. The oath called juramentum 
judiciale is that which the judge, of his own accord, defers to either of 
the parties. 
     2. It is of two kinds. 1st. 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 
suppletorium. 
     3.-2d. 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. on Oblig. P. 4, s. 3, art. 3. 

JURAT Practice. That part of an affidavit where the officer certifies that 
the same was "sworn" before him. 
     2. The jurat is usually in the following form, namely "Sworn and 
subscribed before me, on the ____ day of _______, 1842, J. P. justice of the 
peace." 
     3. In some cases it has been holden that it was essential that the 
officer should sign the jurat, and that it should contain his addition and 
official description. 3 Caines, 128. But see 6 Wend. 543; 12 Wend. 223; 2 
Cowen. 552 2 Wend. 283; 2 John. 479; Harr. Dig. h.t.; Am. Eq. Dig. 

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

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

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

JURE, WRIT OF, Engl. law. The name of a writ commanding the defendant to 
show by what right he demands common of pasture in the land of the 
complainant, who claims to have a fee in the same. F. N. B. 299. 

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

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

JURIS ET DE JURE. A phrase employed to denote conclusive presumptions of 
law, which cannot be rebutted by evidence. The words signify of law and from 
law. Best on Presumption, Sec. 17. 

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

JURISDICTION, Practice. A power constitutionally conferred upon a judge or 
magistrate, to take cognizance of, and decide causes according to law, and 
to carry his sentence into execution. 6 Pet. 591; 9 John. 239. The tract of 
land or district within which a judge or magistrate has jurisdiction, is 
called his territory, and his power in relation to his territory is called 
his territorial jurisdiction. 
     2. Every act of jurisdiction exercised by a judge without his 
territory, either by pronouncing sentence or carrying it into execution, is 
null. An inferior court has no jurisdiction beyond what is expressly 
delegated. 1 Salk. 404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311; 
and see Bac. Ab. Courts, &c., C, et seq; Bac. Ab. Pleas, E 2. 
     3. Jurisdiction is original, when it is conferred on the court in the 
first instance, which is called original jurisdiction; (q.v.) or it is 
appellate, which is when an appeal is given from the judgment of another 
court. Jurisdiction is also civil, where the subject-matter to be tried is 
not of a criminal nature; or criminal, where the court is to punish crimes. 
Some courts and magistrates have both civil and criminal jurisdiction. 
Jurisdiction is also concurrent, exclusive, or assistant. Concurrent 
jurisdiction is that which may be entertained by several courts. It is a 
rule that in cases of concurrent jurisdictions, that which is first seized 
of the case shall try it to the exclusion of the other. Exclusive 
jurisdiction is that which has alone the power to try or determine the Suit, 
action, or matter in dispute. assistant jurisdiction is that which is 
afforded by a court of chancery, in aid of a court of law; as, for example, 
by a bill of discovery, by the examination of witnesses de bene esse, or out 
of the jurisdiction of the court; by the perpetuation of the testimony of 
witnesses, and the like. 
     4. It is the law which gives jurisdiction; the consent of, parties, 
cannot, therefore, confer it, in a matter which the law excludes. 1 N. & M. 
192; 3 M'Cord, 280; 1 Call. 55; 1 J. S. Marsh. 476; 1 Bibb, 263; Cooke, 27; 
Minor, 65; 3 Litt. 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441; 
1 Const. R. 478. But where the court has jurisdiction of the matter, and the 
defendant has some privilege which exempts him from the jurisdiction, he may 
wave the privilege. 5 Cranch, 288; 1 Pet. 449; 8 Wheat. 699; 4 W. C. C. R. 
84; 4 M'Cord, 79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213. 
     5. Courts of inferior jurisdiction must act within their jurisdiction, 
and so it must appear upon the record. 5 Cranch, 172 Pet. C. C. R. 36; 4 
Dall. 11; 2 Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513; Pr. Dec. 380; 
2 Verm. 329; 3 Verm. 114; 10 Conn. 514; 4 John. 292; 3 Yerg. 355; Walker, 
75; 9 Cowen, 227; 5 Har. & John. 36; 1 Bailey, 459; 2 Bailey, 267. But the 
legislature may, by a general or special law, provide otherwise. Pet. C. C. 
R. 36. Vide 1 Salk. 414; Bac. Ab. Courts, &c., C. D; Id. Prerogative, E 6; 
Merlin, Rep. h.t.; Ayl. Pat. 317, and the art. Competency. As to the force 
of municipal law beyond the territorial jurisdiction of the state, see 
Wheat. Intern. Law, part a, c. 2, Sec. 7, et seq.; Story, Confl. of Laws, c. 
2; Huberus, lib. 1, t. 3; 13 Mass. R. 4 Pard. Dr. Com. part. 6, t. 7, c. 2, 
Sec. 1; and the articles Conflict of Laws; Courts of the United States. See 
generally, Bouv. Inst. Index, h.t. 

JURISDICTION CLAUSE. That part of a bill in chancery 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 
plaintiff, 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. Pl. by Jeremy, 43. 
     2. This clause is unnecessary, for if the court appear from the bill, 
to have jurisdiction, the bill will be sustained without this clause; and if 
the court have not jurisdiction, the bill will be dismissed though the 
clause may be inserted. Story, Eq. Pl. Sec. 34. 

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

JURIST. One well versed in the science of the law. The term is usually 
applied to students and practitioners of law. 

JUROR, practice. From juro, to swear; a man who is sworn or affirmed to 
serve on a jury. 
     2. Jurors are selected from citizens, and may be compelled to serve by 
fine; they generally receive a compensation for their services while 
attending court they are privileged from arrest in civil cases. 

JURY. A body of men selected according to law, for the purpose of deciding 
some controversy. 
     2. This mode of trial by jury was adopted soon after the conquest of 
England, by William, and was fully established for the trial of civil suits 
in the reign of Henry II. Crabb's C. L. 50, 61. In the old French law they 
are called inquests or tourbes of ten men. 2 Loisel's Inst. 238, 246, 248. 
     3. Juries are either grand juries, (q.v.) or petit juries. The former 
having been treated of elsewhere, it will only be necessary to consider the 
latter. A petit jury consists of twelve citizens duly qualified to serve on 
juries, impanelled and sworn to try one or more issues of facts submitted to 
them, and to give a judgment respecting the same, which is called a verdict. 
     4. Each one of the citizens so impanelled and sworn is called a juror. 
Vide Trial. 
     5. The constitution of the United States directs, that "the trial of 
all crimes, except in cases of impeachment, shall be by jury;" and this 
invaluable institution is also, secured by the several state constitutions. 
The constitution of the United States also provides that in suits at common 
law, where the value in controversy shall exceed twenty dollars, the right 
of trial by jury shall be preserved. Amend. VII. 
     6. It is scarcely practicable to give the rules established in the 
different states to secure impartial juries; it may, however, be stated that 
in all, the selection of persons who are to serve on the jury is made by 
disinterested officers, and that out of the lists thus made out, the jurors 
are selected by lot. 

JURY BOX. A place set apart for the jury to sit in during the trial of a 
cause. 

JURY LIST. A paper containing the names of jurors impanelled to try a cause, 
or it contains the names of all the jurors summoned to attend court. 

JUS. Law or right. This term is applied in many modern phrases. It is also 
used to signify equity. Story, Eq. Jur. Sec. 1; Bract, lib. 1, c. 4, p. 3; 
Tayl. Civ. Law, 147; Dig. 1, 1, 1. 
     2. The English law, like the Roman, has its jus antiquum and jus novum 
and jus novissimum. The jus novum may be supposed to have taken its origin 
about the end of the reign of Henry VII. A. D. 1509. It assumed a regular 
form towards the end of the reign of Charles II. A. D. 1685, and from that 
period the jus novissimum may be dated. Lord Coke, who was born 40 years 
after the death of Henry VII. is most advantageously considered as the 
connecting link of the jus antiquum and jus novissimum of English law. 
Butler's Remin. 

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

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

JUS AD REM. property, title. This phrase is applied to designate the right a 
man has in relation to a thing; it is not the right in the thing itself, but 
only against the person who has contracted to deliver it. It is a mere 
imperfect or inchoate right. 2 Bl. Com. 312 Poth. Dr. de Dom. de Propriete, 
ch. prel. n. 1. This phrase is nearly equivalent to chose in action. 2 
Woodes. Lect. 235. See, 2 P. Wms. 491; 1 Mason, 221 1 Story, Eq. Jur. 506; 
2 Story, Eq. Jur. Sec. 1215; Story, Ag. Sec. 352; and Jus in re. 

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

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

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

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

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

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

JUS DELIBERANDI. The right of deliberating, which in some countries, where 
the heir may have benefit of inventory, (q.v.) is given to him to consider 
whether he will accept or renounce the succession. 
     2. In Louisiana he is allowed ten days before he is required to make 
his election. Civ. Code, art. 1028. 

JUS DISPONENDI. The right to dispose of a thing. 

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

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

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

JUS GENTIUM. The law of nations. (q.v.) Although the Romans used these 
words in the sense we attach to law of nations, yet among them the sense was 
much more extended. Falck, Encyc. Jur. 102, n. 42. 
     2. Some modern writers have made a distinction between the laws of 
nations which have for their object the conflict between. the laws of 
different nations, which they call jus gentium privatum, or private 
international law; and those laws of nations which regulate those matters 
which nations, as such, have with each other, which is de nominated jus 
gentium publicum, or public international law. Foelix, Droit Interm. Prive, 
n. 14. 

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

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

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

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

JUS MARITI, Scotch law. The right of the husband to administer, during the 
marriage, his wife's goods and the rents of her heritage. 
     2. In the common law, by jus mariti is understood the rights of the 
husband; as, jus mariti cannot attach upon a bequest to the wife, although 
given during coverture, until the executor has assented to the legacy. 1 
Bail. Eq. R. 214. 

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

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

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

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

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

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

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

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

JUS IN RE, property, title. The right which a man has in a thing by which it 
belongs to him. It is a complete and full right. Poth. Dr. de Dora. de Prop. 
n. 1. 
     2. This phrase of the civil law conveys the same idea as thing, in 
possession does with us. 4 Woodes. Lect. 235; vide 2 P. Wins. 491; 1 Mason, 
221; 1 Story, Eq. Jur. Sec. 506; 2 Story, Eq. Jur. Sec. 1215; Story, Ag. 
Sec. 352; and Jus ad rem. 

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

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

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

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

JUST. This epithet is applied to that which agrees with a given law which is 
the test of right and wrong. 1 Toull. prel. n. 5 Aust. Jur. 276, n. It is 
that which accords with the perfect rights of others. Wolff, Inst. Sec. 83; 
Swinb. part 1, s. 2, n. 5, and part 1, Sec. 4, n. 3. By just is also 
understood full and perfect, as a just weight Swinb. part 1, s. 3, U. 5. 

JUSTICE. The constant and perpetual disposition to render every man his due. 
Just. Inst. B. 1, tit. 1. Toullier defines it to be the conformity of our 
actions and our will to the law. Dr. Civ. Fr. tit. prel. n. 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. 
     2. Justice is either distributive or commutative. Distributive justice 
is that virtue whose object is to distribute rewards and punishments to each 
one according to his merits, observing a just proportion by comparing one 
person or fact with another, so that neither equal persons have unequal 
things, nor unequal persons things equal. Tr. of Eq. 3, and Toullier's 
learned note, Dr. Civ. Fr. tit. prel. n. 7, note. 
     3. Commutative justice is that virtue whose object it is to render to 
every one what belongs to him, as nearly as may be, or that which governs 
contracts. To render commutative justice, the judge must make an equality 
between the parties, that no one may be a gainer by another's loss. Tr. Eq. 
3. 
     4. Toullier exposes the want of utility and exactness in this division 
of distributive and commutative justice, adopted in the compendium or 
abridgments of the ancient doctors, and prefers the division of internal and 
external justice; the first being a conformity of our will, and the latter a 
conformity of our actions to the law: their union making perfect justice. 
Exterior justice is the object of jurisprudence; interior justice is the 
object of morality. Dr. Civ. Fr. tit. prel. n. 6 et 7. 
     5. According to the Frederician code, part 1, book 1, tit. 2, s. 27, 
justice consists simply in letting every one enjoy the rights which he has 
acquired in virtue of the laws. And as this definition includes all the 
other rules of right, there is properly but one single general rule of 
right, namely, Give every one his own. See, generally, Puffend. Law of 
Nature and Nations, B. 1, c. 7, s. 89; Elementorum Jurisprudentiae 
Universalis, lib. 1, definito, 17, 3, 1; Geo. Lib. 2, c. 11, s. 3; Ld. Bac. 
Read. Stat. Uses, 306; Treatise of Equity, B. 1, c. 1, s. 1. 

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

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

JUSTICES OF THE PEACE. Public officers invested with judicial powers for the 
purpose of preventing breaches of the peace, and bringing to punishment 
those who have violated the law. 
     2. These officers, under the Constitution of the United States and some 
of the states, are appointed by the executive in others, they are elected by 
the people, and commissioned by the executive. In some states they hold 
their office during good behaviour, in others for a limited period. 
     3. At common law, justices of the peace have a double power in relation 
to the arrest of wrong doers; when a felony or breach of the peace has been 
committed in their presence, they may personally arrest the offender, or 
command others to do so; and in order to prevent the riotous consequences of 
a tumultuous assembly, they may command others to arrest affrayers, when the 
affray has been committed in their presence. If a magistrate be not present 
when a crime is committed, before he can take a step to arrest the offender, 
an oath or affirmation must be made by some person cognizant of the fact 
that the offence has been committed, and that the person charged is the 
offender, or there is probable cause to believe that he has committed the 
offence. 
     4. The Constitution of the United States directs, that "no warrants 
shall issue, but upon probable cause, supported by oath or affirmation." 
Amend. IV. After his arrest, the person charged is brought before the 
justice of the peace, and after bearing he is discharged, held to bail to 
answer to the complaint, or, for want of bail, committed to prison. 
     5. In some, perhaps all the United States, justices of the peace have 
jurisdiction in civil cases, given to them by local regulations. In 
Pennsylvania, their jurisdiction in cases of contracts, express or implied, 
extends to one hundred dollars. Vide, generally, Burn's Justice; Graydon's 
Justice Baches Manual of a Justice of the Peace Com. Dig. h.t.; 15 Vin. Ab. 
3; Bac. Ab. h.t.; 2 Sell. Pr. 70; 2 Phil. Ev. 239; Chit. Pr. h.t.; Amer. 
Dig. h.t. 

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

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

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

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

JUSTICIES, Eng. law. The name of a writ which acquires its name from the 
mandatory words which it contains, "that you do A B justice." 
     2. The county court has jurisdiction in cases where damages are 
claimed, only to a certain amount; but sometimes suits are brought there, 
when greater damages are claimed. In such cases, an original writ, by this 
name, issues out of chancery, in order to give the court jurisdiction. See 1 
Saund. 74, n. 1. 

JUSTIFIABLE HOMICIDE. That which is committed with the intention to kill, or 
to do a grievous bodily injury, under circumstances which the law holds 
sufficient to exculpate the person who commits it. 
     2. It is justifiable, 1. When a judge or other magistrate acts in 
obedience to the law. 2. When a ministerial officer acts in obedience to a 
lawful warrant, issued by a competent tribunal. 3. When a subaltern officer, 
or soldier, kills in obedience to the lawful commands of his superior. 4. 
When the party kills in lawful self-defence. 
     3.-1. A judge who, in pursuance of his duty, pronounces sentence of 
death, is not guilty of homicide; for it is evident, that as the law 
prescribes the punishment of death for certain offences, it must protect 
those who are entrusted with its execution. A judge, therefore, who 
pronounces sentence of death, in a legal manner, on a legal indictment, 
legally brought before him, for a capital offence committed within his 
jurisdiction, after a lawful trial and conviction, of the defendant, is 
guilty of no offence. 
     4.-2. Magistrates, or other officers entrusted with the preservation 
of the public peace, are justified in committing homicide, or giving orders 
which lead to it, if the excesses of a riotous assembly cannot be otherwise 
be repressed. 
     5-2. An officer entrusted with a legal warrant, criminal or civil, 
and lawfully commanded by a competent tribunal to execute it, will be 
justified in committing homicide, if, in the course of advancing to 
discharge his duty, he be brought into such perils that, without doing so, 
he cannot either save his life, or discharge the duty which he is commanded 
by the warrant to perform. And when the warrant commands him to put a 
criminal to death, he is justified in obeying it. 
     6.-3. A soldier on duty is justified in committing homicide, in 
obedience to the command of his officer, unless the command was something 
plainly unlawful. 
     7.-4. A private individual will, in many cases, be justified in 
committing homicide, while acting in self-defence. See Self-defence. Vide, 
generally, 1 East, P. C. 219; Hawk. B. 1, c. 28, s. 1, n. 22; Alis. Prin. 
126-139; 1 Russ. on Cr. 538; Bac. Ab. Murder, &c., E; 2 Wash. C. C. 515; 4 
Mass. 891; 1 Hawk's R. 210; 1 Coxe's R. 424; 5 Yerg. 459; 9 C. & P. 22; S. C. 
38 Eng. C. L. R. 20. 

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

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

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