Journeys Account

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 computed with reference to the number of days which the plaintiff must spend in journeying to reach the court; hence the name of "journeys account," — that is, journeys accomptes or counted. This writ was quasi a continuance of the first writ, and so related back to it as to oust the defendant or tenant of his voucher, plea of nontenure, joint tenancy fully administered, or any other plea arising upon matter happening after date of the first writ. Co. Litt. fol. 9b. JUBERE (Lat.)

In civil law. To order, direct, or command. Calv. Lex. The word jubeo, I order, in a will, was called a "word of direction," as distinguished from "precatory words." Code, 6. 43. 2.

In English Praotice. 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 computed with reference to the number of days which the plaintiff must spend in journeying to reach the court: hence the name of journeys account, that is, journeys accomptes or countto oust the defendant or tenant of his voucher, plea of non-tenure, joint tenancy fully administered, or any other plea arising upon matter happening after date of the first writ; Co. Litt. fol. 9 ft. This mode of proceeding has fallen into disuse, the practice now being to permit that writ to be quashed, and to sue out another, ^ee Termes de la Ley; Bacon, Abr. Abatement (Q); 14 Viner, Abr. 558; 4 Com. Dig. 714; 7 M. & G. 7G2; Richards v. Ins. Co., 8 era. (U. S.) 84, 3 L. Ed. 496.

Eng. practice. When a writ abated without any fault of the plaintiff, he was permitted to sue out a new writ, within as little time as he possibly could after abatement of the first writ, which was quast a continuance of the first writ, and placed him ina situation in which he would have been, supposing he had still proceeded on that writ. ‘This was called journey’s account. ‘This mode of proceeding has fallen into disuse, the practice now being to permit that writ to be quashed, and to sue out another. Vide Termes de la Ley, bh.; 1 Bac. Ab. 30; 14 Vin. Ab. 558; 4 Com. Dig. 714.