A Dictionary of Law

The right of the ehurch of presenting a minister to a vacant parish, in case the patron shall neglect te exercise his right within the time limited by law.

To declare the law; to say What the lawis. The province of a court or judge. 2 Eden, 29; 3 P. Wms, 485.

The right of disposing. An expression used either generally to signify the right of alienation, as when we speak of depriving a married woman of the jus déisponendt over her separa

The right of disposing of realty by will. Du Cange.;

A double right; the right of possession united with the right of property; otherwise called "droit-droit." 2 Bl. Comm. 199. Jus est ars boni et aequi. Law is the science of what is

In old English law. The right of mowing or cutting. Fleta, lib, 4, c. 27, § 1.

In Roman law. The law of arms, or of heralds. A rudimentary species of international law founded on the rites and religious ceremonies of the different peoples.

In tho civil law.

Inold Roman law. A body of laws drawn up by Cneius Flavius, a elerk of Appius Claudius, from the materials to which he had aceess, It was a popularization of the laws. Mackeld. Rum

In the civil law. The right to the use of rivers. Loce. de Jure Mar. lib. 1, c. 6.

In the civil and old Englishlaw. <A right of digging on another's land. Inst. 2, 3, 2; Bract. fol. 222.

The law of nations. That law which natural reason has established among all men is equally observed among all nations, and is called the "law of nations," as being the law which al

The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for erimne. 4 Bl. Comm. 177.

The right to have a thing. The right to be put in actual possession of property. Lewin, Trusts, 535.

A right to have and to retain the profits,

The right of inheritance.

In thecivil and old English law. The right of drawing water. Fleta, lib. 4, ¢. 27, § 1.

The body of Roman law, which was made up of edicts of the supreme magistrates, particularly the pretors.

In Roman law. The right to use or display pictures or statues of ancestors; somewhat analoguus to the right, in English law, to bear a coat of arias.

In ithe ceivillaw. The law of immunity or exemption from tha burden of public office. Dig. 50, 6.

An unknown law. This term is applied by the civilians to obsolete laws. Bowyer, Mod. Civil Law, 33.

An individual or indivisible right; a right incapable of division. 36 Eng. Law & Eq. 25. dus jurandi forma verbis difiert, re convenit; hune enim sensum habere debet: ut Deus invoc

A right against aperson; a right which gives its possessor a power to oblige another person to give or procure, to do or not to do, something.

Inthe civillaw. <A right in a tuing. A right existing in a person with respecb to an article or subject of property, inherent in his relation to it, implying coinplete ownership wi

The right of enjoyment which is incident to full ownership or property, and is often used to denote the full ownership or property itself. It is distinguished from jus in re adiend

Lat. An vath. Jusjurandum inter alios factum nec nocere nec prodesse debet. An oath mads between others ought neither to hurt nor protit. 4 Inst. 279. 671 JUSTA CAUSA > “The words

Initomanlaw. A rule of law applicable to magistrates in Latium. ‘Tt way either majus Latium or minus Latituis,_the majus Latium raising to the dignity of Roman citizen not only the

A legal right. In the etyil law. A right which was enforeceable in the ordinary course of law. 2 BI. Comm. 328.

A body of laws drawn up by Sextus A%lins, and consisting of three parts, wherein were explained, respectively: (1) The laws of the Twelve Tables; (2) the interpretation of and deci

The right of a husband; especially the right which a husband acquires to his wife’s mavable estate by virtue of the marriage. 1 Forb. Inst. pt. 1, p. 63.

In old English law. Mere or bare right; the mere right of property in lands, without either possession or eyon the right of possession. 2 BL Comm. 197; Bract. fol. 23.

The law of nature. See Jus NATURALE.

The natural law, or law of nature; law, or legal principles, supposed to be discoverable by the light of nature or abstract reasoning, or to be taught by nature to all nations and

In Roman law. The right of death, or of putting to death. A right which a fabher anciently had over his children. Jus non habenti tute non paretur. One who has no right cannot be s

The unwritten law. 1 Bl. Comm. 64.

The civil law of Papirius. The title of the earliest collection of Roman deges curiatw, said to have been made in the time of Tarquin, the last of the kings, by a pontifes maximus

In the civil and old English law. The right of pasturing cattle. Inst. 2, 3, 2; Bract. fols. 534, 222.

In English ecelesiastical jaw. The right of patronage; the right of presenting a elerk to a beneiice, Blount. A commission from the bishop, where two presentations are offered upon

Rights of persons. Those rights which, in the civil law, belong to persons ag such, or in their ditferent characters and relations; as parents and children, masters and servants, e

In maritime law. The right of port or harbor,

In the civil law. The right of postliminy; the right or claim of a person who liad been restored to the possession of a thing, or to a former condition, to be considered as though

In the civil law. A present or vested ritht; a right already completely acquired. Mackeld. Rom. Law, 8 191.

In the civil law. A right toa thing held for another, for which there was no remedy. 2 Bi. Comm, 828.

The right of presentation.

The civil or municipal law of Rome.

In the civil law. The name of a servitude which consists in the right to build a projection, such as a balcony or gallery, from one’s house in the open space belunying to one’s nei

The right of property, as distinguished from the jus possessionis, or right of possession. Lract. fol. 8. Called by Bracton “jus merum,” the mere right. Id.; 2 Bl. Comm, 197; 3 Bl.

In the civil law. The diseretion of the pretor, as distinct from the Zeges, or standing laws. % Bl. Comm. 49. That kind of law which the pretors introduced for the purpose of aidin

Theold law of Rome, that was applicable originally to patricians only, and, under the Twelve Tables, to the entire Roman people, was so called, in contradistinction to the jus prat

right to ask or A recover; for example, in an obligation there is a binding of the obligor, and a jus questtum in the obligee. 1 Geil, Comm. 323.

Theright of recovering [lands. }

In Scotch law. The right of a relict; the right or claim of a relict or widow to her share of her husband's estate, particularly the movables. 2 Kames, Eq. 340; 1 Forb. Inst. pt. 1

The right of representing or standing in the place of another, or of being represented by another.

The law ofthings, The law regulating the rights and powers of persons over things; how property is acquired, enjoyed, and transferred. Jus respicit equitatem. Law regards equity. C

In Roman law, Written law. Inst. 1, 2, 3. All law that was actually commitied to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of

In the civil law. A peculiar or individual rule, differing from the jus commune, or common rule of right, and established for some special reason. Mackeld. Rom. Law, § 196. JUS STR

In old English law. A certain measure of liquor, being as much as was autiicient to drink at once. Mon. Angl. t. 1, e. 149.

In the civil law. A just cause; 4 lawful ground; a legal transac-

As used in the constitutional provision that private property shall not be taken for public use without “just compensation,” this phrase means a full and fair equivalent for the lo

The right of a third party. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, ete., is said to set up a jus rer'tii, Jus testamen

(or AIRES.) In Seotch law. Circuits made by the judges of

From the old French word “etre,” @. ¢.,a journey. Those — justices who in ancient times were sent by commission into various counties, to hear more especially such causes as were t

Anold general term for all things appertaining to justice.

In American law. A judicial officer of inferior rank, holding a court not of record, and having (usually) civil jurisdiction of a limited nature, for the trial of minor cases, to a

The old form of justice. Blount.

Inferior tribunals, not of record, with limited jurisdiction, both civil and criminal, held by justices of the peace. There are courts so called in many of the states.

In English law. The principal court of the forest, held before the chief justice in eyre, or clief itinerant judge, or his deputy; to hear and determine all Lrespasses within the f

Rank or office of 4 justice.

The title given to the ordinary judges of the English court of appeal. The first of such ordinary pointed by the crown by letters patent. Jud, Act 1875, § 4.

These justices, or, as they are sometimes called, “justices of nisi prius,” are judges of the superior English conrts, who go on circuit into the various counties of England and Wa

Those justices who are sent with a commission to hear and determine all causes appertaining to persons, who, for any offense, have been cast into gaol. Part of their authority was

In old English law. Justices appointed to redress the frowardness of laboring men, who would either be idle or have unreasonable wages. Blount.

Inold English law. Officers who had jurisdiction over al] offenses committed within the forest against vert or venison. The court wherein these justices sat and determined such cau

Justices appointed by Richard I. to carry into effect the laws and orders which he had made for regulating the money contracts of the Jews. Brown.

In old English law. Judges of a pyepowder court, of a most transcendent jurisdiction, anciently authorized by the bishop of Winchester, at a fair held on St. Giles’ hills near that

The justices of the court of common bench or common pleas.

In old English law. A kind of justices appainted by King Edward I. upon occasion of great disorders in the realm, during his absence in the Scotch and French wars. They were akind

v. In old English practice. Todo justice; tosee justice done; tosummon one to do justice.

In English law. This title is now usually coupled with that of justices of assize; the judges of the superior courts acting on their circuits in both these capacities. 8 Bl. Comm.

Hundredors; lords of the hundreds; they who had the jurisdiction of hundreds and

Proper to be examined in courts of justice.

In old English law. A judge or justice, One of several persons learned in the law, who sat in the aula regis, and formed a kind of court of appeal in cases of difficulty.

In English law. Justices in eyre, who formerly weni from county to county to administer justice. They were so called to distinguish them from justices residing at Westminister, who

In English law. Justices or judges who usually resided in Westminister. They were so called to distinguish them from justices in eyre. Co. Litt. 293.

Anoldname fora judge or justice. The word is formed on the analogy of the Latin “justiciarius” and French “Fusticier.”

Thechief critminal court of Scotland, consisting of five lords of session, added to the justice general and justice clerk; of whom the justice general, and, in his absence, the jus

In English ‘ law. <A writ _, directed to the sheriff, empowering him, for the sake of dispatch, to try an action in his county court for a larger amount than he has the ordinary po

Rightful; warranted or sanctioned by law; that which can be shown to be sustained by law; as justifiable homicide.

Such as is committed intentionally, but without any evil design, and under such circumstances of necessity or duty ag render the act proper, and relieve the party from any shadow o

A maintaining or showing a sufficient reason in court why the defendant did what he is called upon to anawer, particularly inan action of libel. A Jefense of justification is a def

<A kind of compurgators, (g. v.,) or those who by oath justified the innocence or oaths of others; as in the case of wager of law. JUSTIFYING BAIL consists in proving the sufficien

A civilian; one who studies the civil law.

Speedy justice. Bract. 3330.

Inthecivil Jaw. A suspension or intermission of the administration of justice in courts; vacation time. Calvin.

To hold aplea of anything,

In Spanishlaw. The name anciently given to a high judicial magistrate, or supreme judge, who was the ultimate interpreter of the laws, and possessed other high powers.

In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the pretorian edict, from the civil law, and fr

In Roman law, A right or privilege allowed to the parent of thee or more chiidren. 2 Kent, Comm, $5; 2 Bl. Comm, 247. These privileges were an exemption from the trouble of guardia

By the term “just title,” in cases of prescription, we do not understand that which the possessor may have derived from the trues owner, for then no true prescription would be nece

The right to use property without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, no. 86.