Jurat

In practice. That part of an affidavit where the officer certifies that the same was "sworn" before him, and when and where.

In Practice. That part of an affidavit where the officer certifies that the same was “sworn” before him. The jurat is usually in the following form, viz.: “Sworn and subscribed before me, on the day of, 1914. J. P., Justice of the Peace.” In some cases It has been held that it was essential that the officer should sign the jurat, and that it should contain his addition and official description; Jackson v. Stiles, 3 Cal. (N. Y.) 128. But see Chase v. Edwards, 2 Wend. (N. Y.) 283; Proff. Not; Hawkins v. State, 136 Ind. 630, 36 N. E. 419. A jurat being no part of an affidavit, a general demurrer to the sufficiency of the affidavit will not reach a failure to add to the name of the person who administered the oath his official designation; Smith v. Walker, 93 Ga. 262, 18 S. E. 830. An officer in some English corporations, chiefly in certain towns in Kent and Sussex, whose duties are similar to those of aidermen in others; stat 1 Edw. IV.; 2 & 3 Edw. there are twelve, members of the royal court, and elected for life; 1 Steph. Com., 11th ed. 103; L. R. 1 P. C. 94. JURATA (Lat.). In Old English Law. A jury of twelve men sworn. Especially, a jury of the common law, as distinguished from the assize, or jury established or reestablished by stat. Hen. II. The assize was a body of jurors summoned to answer certain specific questions in accordance with a positive laAV that such questions should be answered in that way. But in time the ordinary method of proof came to be the jury to which the parties agreed to submit these preliminary or incidental questions. This new body, so summoned, is the jurata into which the assize is converted; “assiaa vertitur in juratam.” 1 Iloldsw. Hist. E. L. 151. The jurata, or common-law jury, was a jury called in to try the cause, upon the prayer of the parties themselves, in cases where a jury was not given by statute Hen. II., and as the jury was not given under the statute of Henry II., the writ of attaint provided In that statute would not lie against a jurata for false verdict. It was common for the parties to a cause to refiuest that the cause might be decided by the assiza, sitting as a jurata, in order to save trouble of summoning a new jury, in which case “cadit asaiza et vertitur in juratam,*' and the cause is said to be decided non in modum assizes, but in modum juratce. 1 Reeve, Hist. Eng. Law 335, 336; Glanville, lib. 13, c. 20; Bracton, lib. 3, c. 30. But this distinction has been long obsolete. Juratec were divided Into: first, jurata dU latoria, which inquires out offenders against the law, and presents their names, together with their offences, to the judge, and which is of two kinds, major and minor, according to the extent of its jurisdiction; second, jurata judicaria, which gives verdict as to the matter of fact In issue, and is of two kinds, oivilis, in civil causes, and criminalia, in criminal causes. Du Cange. A clause in nisi prius records called the jury clause, so named from the word jurata, with which Its Latin form begins. This entry, jurata ponitur in respectu, is abolished. Com. Law Proc. Act, 1852, { 104; Whart. Law Lex.; 9 Co..32; 59 Geo. III. c. 46; 4 Bla. Com. 342. Such trials were usually held in churches, in presence of bishops, priests, and secular judges, after three days fasting, confession, communion, etc. Du Cange. A certificate placed at the bottom of an affidavit, declaring that the affiant has been sworn or affirmed to the truth of the facts therein alleged. Its usual form Is, “Sworn (or affirmed) before me, the day of, 19 —.” A jurat. the theory of government which holds monarchy to be the only legitimate form of government The monarch and his legitimate heirs being, by divine right entitled to the sovereignty, cannot forfeit that right by any misconduct or any period of dispossession. But where the knowledge of the right heir is lost, the usurper, being in possession by the permission of God, is to be obeyed as the true heir. Sir Robert Filmer, the most distinguished exponent of the theory, died about 1650. See Divine Right of Kings. JURE PROPINQUITATIS (Lat). By right- of relationship. Co. Litt. 10 6. JURE REPRESENTATIONIS (Lat.). By right of representation. See Peb Stibpes. 2 Sharsw. Bla. Com. 219, n. 14, 224. JURE UXORIS (Lat). By right of a wife.

The clause written at the foot of an atlidavit, stating when, where, and before Whom such aflidavit was sworn.

From the L,a.tinjuratum, sworn; the emphatic word in the Latin form of the certificate to an affidavit or deposition that it was sworn to. The common form is " Sworn to (or affirmed) and subscribed before me Ihis day of, 1888." See Affidavit. 1 See 1 St. L. 78. = United States v. Ho Uiday, 3 Wall. 414 (1865), Miller, J.; Jones v. Foreman, 66 Ga. 377 (1881). = Geraghty v. State, 110 Ind. 104 (1886): 52 id. 486; 10 JURE; JTTEIS. See Jus.