A Dictionary of Law

Anabbreviation for “Jacobus,” the JACTURA. In the civil law. <A tlirow- Latin form of the name James; used princi- ing of goods overboard in a storm; jettison. pally in citing stat

Lat. Lying in abeyance,

An inherit- down of astone. One of the modes, under ance in abeyance, See H®repi TaAs J ACENS. SS the civil law, of interrupting prescription.

In old English law. Where one person was building on another's Ht lies in the mouth. Fletu, lib. 5, e 5, ee ground, and in this way acquiring a right by § 49. usucapio, the true ow

<A kind of defensive coat-armor by throwing down one of the stones of tie worn by horsemen in war; not made of solid building befure witnessea called for the fron, but of many plat

A gold coin worth 24s., 30 confinement of persons held in lawful cusealled from James 1, who was king when it tudy. See GAor was struck. Ene. Lond. ee

A false boasting; a

<A throwing goods overboard “St. 1 Jae. 11.” Used also in citing the seeto ligliten or save the vessel, in which ease ond part of Croke’s reports; thus, “Cro, Jac,” ee the goods so

The throwing

In old English law. The remuneration to the proprietor of a domain for the privilege of feeding swine under the oaks and beeches of his woods, #AGROTO. Lat. Being sick or indispose

See Gaout DELr¥-

The wings or side aisles of a church. Blount.

Leg-arnior. Blount. janu) a remedy for this injuryis provided under the name of an “action of jactitation.” JAMMA, JUMMA. In Hindu law. Total amount; collection; assembly, The JACT

Fr. I have failed; I am in error. An error or oversight in plead- Certain statutes are called “statutes of amendments aud jeofailes” because, where a pleader perceives any slip in

In the civil law. The age next to infancy; the first half of the period of childhood, (puerttia,) extending from seven years to ten and ahalf. Inst. 3, 20, 9; 4 Bl. Comm. 22. #TAS

To judgment; to court. um provecare,; to summon to court; ence an action; a term of the Roman Dig. 5, 1, 18, 14.

The aggregate of of procedure or practice. As opposed £ body of law which the courts are established to administer, (called “substantive law,”) it means the rules according te whic

Lynch law. ‘SEMAN. In old records. Yeoman. Cowell; Blount.

Danger; hazard; peril. inal 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.

Inthe civil law. Eguity, as opposed to strictum or summum jus, (g. bv.) Otherwise called aquum, aquum bonum, equim et bonum, equum et justum. Calvin. Aigquites agit in personam. Eq

In Englishlaw. An officer of the custom-house who oversees Lhe waiters. Techn. Dict.

Jn old English law. Esnecy; the right or privilege of the eldest born. Spelman; Glany. lib. 7, ¢. 3; Fleta, lib. 2, ¢. 66, §§ 5, 6.

A large brass candlestick, usually hung in the middle of a church or choir. Cowell.

Fr. In French law. Jettison. Ord. Mar. liv. 3, 1it. 8; Emerig. Traité des Assur, e. 12, § 40.

In French law. Speculation in the public funds or in stocks; gambling speculations on the stock exchange; dealings in “options” and “futures,”

By “jewels” are meant ornaments of the person, such as ear-rings, pearls, diamonds, etc., which are prepared to be worn. Brown, Ch. 467. See, farther, 43 N. Y. 539; 36 Barb. 70; 14

The whole of a thing which is to be done. “To build by plot, or to work by the job, is to undertake a building for a certain stipulated prices.” Civil Gode La. art. 2727. M éxchang

Inold Englishlaw. Jewels. This term was formerly mors properly applied to those ornaments which women, although married, calltneirown. When these jocalia are not suitable fo her de

A little manor or farm. Cowell.

In old English law. A game of hazard. Reg. Orig. 290.

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 haz

The name which was usually given to the fictitious lessee of the plaintiff in the mixed action of ejectment. He was sometimes called “Goodlitle.” So the Romans had their fictitious

Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding.

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 defendan

In _ pleading. A formula by which one of the parties to a suil joins in or accepts an issue in fact tendered by the opposite party. Steph. Pl. 57, 206. More commonly termed a “ sim

Accepting the issue, and mode of trial tendered, either by demurrer, error, or issue in fact, by the opposite party.

This exthe statement of more than one cause of tion in a declaration.

In proce ings on a writ of error in criminal cases; the joinder of error is a written denial of errors’ alleged in the assignment of error it answers to a joinder of issue in an ac

The ing of several distinct charges of crime in th same indictment or prosecution.

The unit ing of two or more persons as co-plaintifia or as co-lefendants in one suit.

United; combined; undivided done by or against two or more unitedly; shared by or between two or more.

An action in which there are two or more plaintiffs, or two or more defendants.

A commercial or maritime enterprise undertaken by several persons jointly. See ADVENTURE.

4 bond in which the obligurs bind themselves both jointly and individually to the obliges, and which may be enforced either by a joint action against all or separate actions agains

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

A joint committee of a legislative body comprising two chambers is a committee consisting of repre sentatives of each of the twu houses, meeting and acting together as one committe

Persons united in 8 joint liability or indebtedness,

Co-executors; two or more who are joined in the execution ofa will.

In Englishlaw. A fiat bankruptcy, issued against two or more. trading partners.

In old Englishlaw., “Tf a Whole vill is to be fined, a joint fine may be Jaid, and it will be good for the necessity of it; but, in other cases, fines for offenses are to be severa

When several offenders are joined in the same indictment, such an indictment is called a “joint indictment;” as when principals in the first and second degree, and accessaries befo

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.

This differs from a joint-stock company in being regularly incorporated, instead of being a mere partnership, but resembles it in having a capital divided into shares of stock. Mos

An estate in joint tenancy is an estate in fee-simple, fee-tail, for life, for years, or at will, arising by purchase or grant totwoormorepersons. Joint tenants have one and the sa

Two or moré persons to whom are granted lands or tenements to hold in fec-simple, fee-tail, for life, for years, or at will, 2 Bl. Comm. 179. Persons who own lands by a joint title

Two or more who unite in committing a trespass.

Two or more perscns who are intrusted with property for the benefit of one or more others.

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 t

or JUNCARIA. Land where rushes grow. Co. Lilt. da.

As much land as could be plowed in one day. Spelman.

A French word, signifying “day.” It is used in our old law-books; ag “tout jours,” forever.

A day in banc. Distinguished from “jour en pays,” (a day in the country,) otherwise called “jour en nisi prius.”

In old practice. Day in court; day to appear in court; appearance day. ‘“Jivery process gives the defendant a day in court.” Hale, Anal. § 8.

A daily book; a book in which entries are made or events recorded from daytoday. In maritime law, the journal (otherwise called “log” or “log-book”’) is a book kept on every vessel

The original signilication 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 em

In English law, Regrators of yarn. 8 Ilen. VI. c. 5,

A workman hired by the day, or other given time.

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 i

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 prius record, so ealled from the e

Lat. In the civil law. To order, direct, or command. Calvin. ‘The word juleo, (lL order,) in a will, was called a “word of direction,” as distinguished from “precatory words.” Cod.

In Spanish law. Tha privilege of a publie officer to be retired, on account of infirmity or disability, retaining the rank and pay of his oftice (or part of the same) aiter twenty

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. Sea murcus sterlingo

In modern civil law. The judge rom whom, as juder ad quem is the judge to whom, an appeal is made or taken, Hallifax, Civil Law, b. 3, c. 11, no, a4.

In Roman law. A judge given, that is, assigned or appointed, by the praetor to try a cause. Judex debet judicare secundum allegata et probata. The judge ought to decide according t

A fiseal judge; one having cognizance of matters relating to the jiscus, (g. v.) Judex habere debet duos sales,—salem sapientie, ne sit insipidus; et sulem eonscientiz, ne sit diab

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 jurisdictione,) and not by virt

In Roman law. The judge who was commissioned by the pretor to hear a cause was so called, from the low seat which he anciently oceupied at the foat of the proetor’s tribunal.

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 o

An officer of a court-martial, whose duty is to swear in the other members of the court, to advise the court, aud to act us the publie prosecutor; but he is also so far the counsel

The adviser of the government in reference of the house of commons and of the government for the time being.

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,

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 "judge ordi

A Cheshire juryman. Jacob.

In English practice. A certificate, signed by the judye who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, this is a necessary preli

or NOTES. Memoranda usually taken by a judge, while a trial is proceeding, of the testimony ol witnesses, of documents offered or admitted in evidence, of offers of evidence, and w

An order made by a judge at chambers, or out of court.

The oflicial and authentic decision of a court of justice upon the respective rights and claims of the parties to an action or suit thercin litigated and submitted to its determina

A book required to be kept by the clerk, among the records of the court, for the entry of judgments. Cade N. ¥. § 279.

One who is entitled to enforce a judgment by execution, (¢. v-) The owner of an unsatisfied judgment.

A person against whom judgment has been recovered, and which remains unsatisfied.

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 composi

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 atlorney or as the result of

A list or docket of the judgments entered In a given court, methodically kept by the clerk or other proper officer, vpen to public inspection, and intended to afford official notic

A judgment against a particular person, as distinguished from a judgment against a thing ora right or status. The former class of judgments are conclusive only upon parties and pri

A judgment in vem is an adjudication, pronounced upen the status of some particular subject-matter, ee personam, in this: that the latter judgment. is in form, as well as substance

At common law, this was a judgment entered on the return of the nist prite record, which, according to the terms of tne postea, was to become absolute wnless otherwise ordered by t

A promissory note, embodying an authorization to any attorney, or to a designated attorney, or to the t against him for a sum therein named, n default of payment of the note.

In English ee practice. A parchment roll, on which are transcribed the whole proceedings in the cause, deposited and flied of record in the treasury of the court, after signing of

In English practiee, <A roll of parchment containing the entries of the proceedings in an action at law to the entry of judgment inclusive, and OO—=E=E=Eeee—— whieh is filed in the

Inthecivil and old English eee iaw. ‘To judge; to decide or determine judicially; to give judgment or sentence.