The Cyclopedic Law Dictionary

An inheritance which is in abeyance.

Throwing out; a false boasting.

In English ecclesiastical 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

The boasting by a man that he is entitled to certain tithes, to which he has legally no title.

One who is in default, or loses by default. Spelman. JACTURA (Lat. jaeeo, to throw). A jettison. JACTUS (Lat.) A throwing goods overboard to lighten or save the vessel, in which ca

In the civil law. The throwing down of a stone (of a structure being erected on land). One of the means whereby the true ovroer might assert his title, and interrupt the running of

A term generally substituted in modern usage for "gaol" (q. v.).

See "Gaol Delivery."

See "Gaol Liberties."

or JAMUNDILINGI. Freemen who delivered themselves and property to the protection of a more powerful person, among the Germans. Du Cange. The same as commendati. JANITOR (Lat.) In o

In Scotch law. Jailer or gaoler. 1 Pitc. Crim. Tr. pt. 1, p. 33.

Lynch law. Rapalje^& L.

(Law Ft.) I give; I do. JEOFAILE (Law Fr.) I have failed; I am in error. Certain statutes are called statutes of amendments and jeofailes, because, where a pleader perceives any sl

Peril; danger. See Baldw. (U. S.) 93. The usual technical use of the term is in connection with the rule of criminal law, that no person shall be twice put in jeopardy for the same

In English law. An ofl Scer ol the custom house, who oversees the> waiters. Tech. Diet. JET (Fr.) In French law. Jettison. Ord.

Goods cast out from a ship by way of jettison, and which sink, being thus distinguished from flotsam, jettisoned goods which float, and ligan, jettisoned goods, bound to some buoya

The throwing overboard of part of the cargo, or any article on board a ship, or the cutting and casting away of masts, spars, rigging, sails, or other furniture, for the purpose of

In French law. A kind of gambling or speculation, which consists of sales and purchases which bind neither of the parties to deliver the things which are the object of the sale, an

The whole of a thing which is to he done. In this sense it is employed in the I Civil Code of Louisiana (article 2727): I "To build by plot, or to work by the job," says that artic

In commercial law. One who buys and sells articles for others. One who buys from importers, and sells to retailers. 4 Sandf. Ch. (N. Y.) 587. I I One who sells to any one who comes

In old English law. A little farm or manor. Cowell; Blount. JOCUS (Lat.) In old English law. A game I of hazard. Reg. Orig. 290. I I

In old English practice. A divided game, risk, or hazard. An I arrangement which the parties to a suit Were anciently sometimes allowed to make by mutual agreement upon a certain h

A name given in legal proceedings to a party whose true name is unknown. It was the name which was usually given to the fictitious lessee of the plaintiff in the mixed action of ej

A joining or uniting together; persons or things together; as of several persons as plaintiffs or defendants in one suit, or of several causes of action, or counts, in one declarat

The formal answer made to a demurrer at common law.

Joinder of two or more causes of action in the same complaint or declaration.

See "Joinder of Actions."

The acceptance by one party of an issue of fact tendered by the other.

The uniting of several distinct offenses in one indictment or information.

The uniting of two or more persons as coparties, either plaintiff or defendant.

An action brought by two or more as plaintiffs, or against two or more as defendants.

An enterprise undertaken by several persons jointly to carry out a single business enterprise for profit. 206 Mich. 153.

A bond of two or more obligors, who bind themselves jointly and severally to the obligees, who can sue all the obligors jointly, or any one of them separately, for the whole amoimt

The bond of two or more obligors, the action to enforce which must be joint against them all.

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.

Persons jointly holding the same debt or demand.

Persons united in a joint liability or indebtedness.

Those who are joined in the execution of a will.

A flat in bankruptcy, issued against two or more trading partners. Wharton,

In old English law. "If a whole vill is to be fined, a joint fine may be laid, and it will be good for the necessity of it; but, in other cases, fines for offenses are to be severa

A coheir.

One indictment brought against two or more offenders, charging the defendants jointly. It may be where there is a joint criminal act, without any regard to any particular personal

This expression, which is met with more frequently in English books, applies when a right is granted to two or more persons, to be enjoyed while both or all of them shall live. Abb

or JOINTURESS. A womas who has an estate settled on her by her husband, to hold during her life, if she survive him. Co. Litt. 46.

In English law. A species of quasi corporations, or companies regulated by deeds of settlement. In some respects they stand in the same situation as other unincorporated bodies; bu

A partnership having a capital stock divided into transferable shares. Shumaker, Partnership, 447.

A term ing substantially all corporations for pecuniary profit) which have a capital stock divided into shares.

Two or more persons who acquire together lands or tenements to be held jointly between them in equal shares, the interests of all uniting and forming one ownership. Joint tenants d

Two or more who unite in committing a trespass.

Two or more persons charged jointly with the execution of a trust.

A Joint estate limited to both husband and wife. A competent livelihood of freehold for the wife, of lands and tenements, to take effect, in profit or possession, presently after t

A joint will contained in a single instrument is the will of each of the makers, and at the death of one may be probated as his will and be again probated at the death of the other

A French word, signifying day. It is used in our old law books; as, tout jours, forever. It is also frequently employed in the composition of words; as, journal, a day book; journe

In old practice. A day in bane. Distinguished from "jour en pays," a day in the country, otherwise called "jour en nisi prius." Y. B, H, 11 Hen. VI. 1.

In Maritime 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. Anoth

The term originally signified a day's travel (see "Jour"), but now means travel, without regard to duration.

In English practice. A new writ which the plaintiff was permitted to sue out within a reasonable time after the abatement, without his fault, of the first writ. This time was compu

In Spanish law. The right of a public officer to retire from office, retaining his title and his salary, either in whole or in part, after he has attained the age of fifty years, a

A Jew. JUDAISMUS (Lat.) The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. Du Cange. A usurious rate of interest. 1 Mon. Angl. 839; 2. Mon. An

A judge to whom an appeal is taken. See "A Quo." JUDEX AEQUITATEIVI SEIVIPER SPECtare debet. A judge ought always to regard equity. Jenk. Cent. Cas. 45. JUDEX ANTE OCULOS AEQUITATE

The judge from whom an appeal is taken. See "A Quo."

In Roman law. A judge given, that is, assigned or appointed, by the praetor to try a cause. JUDEX DEBET JUDICARE SECUNDUIVI allegata et probata. The judge ought to decide according

The judge is the speaking law. 7 Coke, 4a.

In old European law. A fiscal judge; a judge having cognizance of matters pertaining to the fiscus, or public treasury.

— salem sapientiae, ne sit insipidus, et salem oonscientiae, ne sit diabolus. A judge should have two salts, — the salt of wisdom, lest he be Insipid; and the salt of conscience, l

In Roman law. A name given to the judge appointed by the praetor to try a cause from the law seat which he occupied at the foot of the tribunal or praetor's bench.

A public officer lawfully appointed to decide litigated questions according to law. An ofiicer so named in his commission, and who presides in some court. In its most extensive sen

An officer of a court martial who is to discharge some duties at the trial of offenders. His duties are to prosecute in the name of the United States; hut he shall so far consider

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 the "judge

In English practice. Th^ written statement of the judge Important in some cases that these certificates should be obtained at the trial. See Tidd, Prac. 879; 3 Chit. Prac. 458, 486

Short statements, noted by a judge on the trial of a cause, of what transpires in the course of such trial.

In practice. The conclusion of law upon facts found, or admitted by the parties, or upon their default in the course of the suit. Tidd, Prac. 930. The decision or sentence of the l

One who is entitled to enforce a judgment by execution {q. v.). The owner of an unsatisfied judgment.

One against whom a judgment stands unsatisfied.

Under the English bankruptcy act of 1861 (sections 76-85), these summonses might be issued against both traders and nontraders', and, in default of payment of, or This act was repe

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 attorney, or as the result o

A judgment entered on the return of the nisi priua record with the postea indorsed, which will become absolute according to the terms of the "postea" unless the court out of which

A promissory note given in the usual form, and containing, in addition, a power of attorney to appear and confess judgment for the sum therein named.

In English practice. An incipitur of the pleadings, written on plain paper, upon which the master will sign judgment. 1 Archb. Prac. 229, 306, 343.

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

In English law. A record made of the issue roll (q. v.), which, after final judgment has been given in the cause, assumes this name. Steph. PI. 133; 3 Chit. St. 514. JUDICANDUM EST

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 sometime

A series of acts of parliament reforming and consolidating the English courts, and simplifying the procedure therein. St. 36 & 37 Vict. c. 66, and St. 38 & 39 Vict. c. 77, and amen

Belonging to the office of a judge; as judicial authority. Relating to or connected with the administration of justice; as a judicial officer. Having the character of judgment or f

An act performed by a court, touching the rights of parties, or property, brought before it by voluntary appearance, or by the prior action of ministerial officers, in short, by mi

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

Admissions of the party which appear of record as the admissions of the party. JUDICIAL COMMITTEE OF THE PRIVY council. In English law. A tribunal, composed of members of the privy

In 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 law

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. (La.; N. S.) 494.

The opinions or determinations of the judges in causes before them. Hale, Hist. Crim. Law, 68; Willes, 666; 3 Barn. & Aid. 122; 1 H. Bl. 63; 5 Maule & S. 185. See "Dictum."

That department of government which interprets, construes and applies the laws. 270 111. 510.

See "Discretion."

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

In Louisiana. 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

The cognizance tak- »en by a court of matters of fact, without the production of evidence thereof. The matters of fact of which judicial notice will be taken are, in general, those

Those whose duties are to decide controversies between individuals, and accusations made in the name of the public against persons charged with a violation of the law. Ministerial

The authority vested in the judges or courts, as distinguished from that vested in other departments of government. That power by which judicial tribunals construe the constitution

A procfeeding which takes place in or under the authority of a court of justice, or which relates in any way to the administration of justice, or which legally ascertains any right

A sale, by authority of some competent tribunal, by an officer authorized by law for the purpose. In a strict sense, an execution sale is not a judicial sale (18 Vt. 394), but it i

In English practice. The capias and all other writs subsequent to the original writ not issuing out of chancery, but from the court to which the original was returnable. Being grou