A Dictionary of Law

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.

In the civil law. Judging; the pronouncing of sentence, after hearingacause, Hallifux, Civil Law, b. 3, ¢. 3, no. 7. SS

Persons in the county palatine of Chester, who, on a wit of error, were to consider of the judgment given there, and reform it; other- sss wise they forfeited £100 to the crown by

1. The state or profession of thosel officers who are employed in administering justice; the judiciary. a. A judicatory, tribunal, or court of justice, 3, Jurisdiction; the right o

The statutes of 36 & 37 Vict. c. 66, and 38 & 39 Vict. c. 77, which went into force November 1, 1875, with amendments in 1877, c. 9; 1879, c. 78; and 1881, c. 68, — made most impor

In the civil law. Select or selected judices or judges; thosa whe were used in criminal eauses, and between whom and modern jurors many points of resemblance have been noticed. 3 B

In thecivillaw. The ordinary judices appointed by the praetor to try causes.

Lat. In Romanlaw. Judicial proceedings; trials. Judieia publica, criminal trials. Dig. 48, 1. dsudicia in curia regis non adnihilentur, sed stent m robore suo quousque per errorem

Action ofa court upon a cause, by hearing it, and determining what shall be adjudged or decreed between the parties, and with which is the right of the case. 12 Pet. 718.

Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts, which require none,

Adinissions made voluntarily by a party which appear of record in the proceedings of the court,

The power and authority appertaining to the oflice of a judge; jurisdiction; the official right to hear and determine questions in controversy. JUDICIAL COMMITTEE OF THE

In thelaw of evidence. A confession of guilt, made by a prisoner before a magistrate, or in court, in thedue course of legal proceedings. 1 Greenl. Ey. § 216.

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 Mart. (N. 8.) 494.

Theopinions or determinations of the judges in causes before them, particularly in appellate courts.

The power confided to a judge to exercise his individual discrimination and opinion in deciding cerrow limits, within which, however, its exer cise is not subject to review. “Judic

Proccedings relating to litigation. They are divided into (1) judgments, decrees, and verdicts; (2) depositions, examinatious, and inquisitions taken in the course of a legal proce

In the law of Louisiana. The lien resulting from judge ments, whether rendered on contested cases _ or by default, whether Gnal or provisional, in favor of the person obtaining the

Theact by which a court, in conducting a trial, or framing its decision, will, of its own motion, and without the production of evidence, recognize the existence and truth of certa

A person in whom is vested authority to decide causes or exercise powers appropriate to a court,

The authority vested in courts and judges, as distinguished from the executive and legislative power,

A general term for proceedings relating to, practiced in, or proceeding from, a court of justice; or the course prescribed to be taken in various cases tor the determination of a c

A judicial sale is one made under the process of a court having competent authority to order it, by un officer duly appointed and commissioned to sell, as distinguished from a sale

A separation of man and wife by decree of court, less

In English practice. Such writs as issue under the private seal of the courts, and not under the great seal of England, and are tested or witnessed, not in the king's name, but in

adj. Vertaining or relating to the courts of justice, to the judicial department of government, or to Lhe administration of justice.

2. That branch of government invested with the judicial power; the system of courts in a country; the body of judges; the bench,

The name ecommonly given to the act of congress of September 24, 1789, (1 St. at Large, 78,) by which the system of federal courts was organized, and their powers and jurisdiction

A caution, or security, given in Scotch courts for the defendant to abide judgment within the jurisdiction. stim. Law Gloss. Judicis est in pronuntiando sequi regulam, exceptione n

Lat. Judicial authority or jurisdiction; a court or tribunal; a judicial hearing or other proceeding; a verdict or judgment. Judicium a non suo judice datum nullius est momenti, 10