Judge

A publlc officer, appointed to preside and to administer the law in a court . of justice; the chief member of a court, and charged with the control of proceedings and the decision of questions of law or discretion. Todd v, U. S., 158 In S. 278, 15 Sup. Ct 889, 39 L. Ed. 982; Foot v. Stiles, 57 N. Y. 405; In re Lawyers' Tax Cases, 8 Heisk. (Tenn.) 650. "Judge" and "Justice" (q. v.) are often used in substantially the same sense.

— Judge advocate. An officer of a court-martial, whose duty is to swear in the other members of the court, to advise the court, and to act as the public prosecutor; but he is also so far the counsel for the prisoner as to be bound to protect him from the necessity of answering criminating questions, and to object to leading questions when propounded to other witnesses.

— Judge advocate general. The adviser of the government in reference to courts-martial and other matters of military law. In England, he is generally a member of the house of commons and of the government for the time being

— Judge de facto. One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has nor taken the oath of office. State v. Miller, 111 Mo. 542, 20 S. W. 243; Walcott v. Wells, 21 Nev. 47, 24 Pac. 367, 9 In R. A. 59, 37 Am. St. Rep. 478; Dredla v. Baache, 60 Neb. 655, 83 N. W. 916 ; Caldweli v. Barrett, 71 Ark. 310, 74 S. W. 748.

— Jndge-made law. A phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is sometimes used as meaning, simply, the law established by judicial precedent. Cooley, Const. Lim. 70, note.

— Judge ordinary. By St. 20 & 21 Viet. c. 85, § 9, the judge of the court of probate was made judge of the court for divorce and matrimonial causes created by that act, under the name of the "judge ordinary." In Scotland, the title "judge ordinary" is applied to all those judges, whether supreme or inferior, who, by the nature of their office, have a fixed and determinate jurisdiction in ali actions of the same general nature, as contradistinguished from the old Scotch privy council, or from those judges to whom some special matter is committed ; such as commissioners for taking proofs, and messengers at arms. Beil.

— Judge's certificate. In English practice. A certificate, signed by the judge who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, this is a necessary preliminary to the taxing of costs for such party. A statement of the opinion of the court, signed by the judges, upon a question of law submitted to them by the chancellor for their decision. See 3 Bl. Comin. 453.

— Judge's minntes, or notes. Memoranda usually taken by a judge, while a trial is proceeding, of the testimony of witnesses, of documents offered or admitted in evidence, of offers of evidence, and whether it has been received or rejected, and the like matters.

— Judge's order. An order made by a judge at chambers, or out of court.