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buys and sells articles for others. Stock-jobbers are those who buy and sell stocks for others; this term is also applied to those who speculate in stocks on their own account.
JOC ALIA., jewels; this term was formerly more properly applied to those ornaments which women, although married, call their own. When these jocalia are not suitable to her degree, they are assets for the payment of debts. 1 Roll. Ab. 911. Vide Paraphernalia.
JOINDER OF ACTIONS, prac tice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions there never can be but one count. 8 Co. 86, 87; Bac. Ab. Action, C; Com. Dig. Action, G. A count in a real, and a count in a mixed action, cannot be joined in the same declaration; nor a count in a mixed action, and a count in a personal action; nor a count in a mixed action with a count in another, as ejectment and trespass.
In mixed actions, there may be two counts in the same declaration; for example, waste lies upon several leases, and ejectment upon several demises and ousters. 8 Co. 87 b; Poph. 24; Cro. Eliz. 290; Ow. 11.
In personal actions, the use of several counts in the same declaration is quite common. Sometimes they are applied to distinct causes of actions, as upon several promissory notes; but it more frequently happens otherwise, that when various counts are introduced, they do not really relate to different claims, but are adopted merely as so many different forms of propounding the same question. The joinder in action depends on the form of action, rather than on the subject-matter of it; in an action against a carrier, for example, if the plaintiff declares in assumpsit, he cannot join a count in trover, as he may if he declare against
him in case. 1 T. R. 277; but see 2 Caines's R. 216; 3 East, R. 70. The rule as to joinder is, that when the same plea may be pleaded, and the same judgment given on all the counts of the declaration, or when the counts are all of the same nature, and the same judgment is to be given upon them all, though the pleas be different, as in the case of debt upon bond and simple contract, they may be joined. 2 Saund. 117, c. When the same form of action may be adopted, the plaintiff may join as many causes of action as he may choose, though he acquired the rights affected by different titles; but the rights of the plaintiffs, and the liabilities of the defendant, must be in his own character, or in his representative capacity, exclusively. A plaintiff cannot sue, therefore, for a cause of action in his own right, and another cause in his character as executor, and join them; nor can he sue the defendant for a debt due by himself, and another due by him as executor.
In criminal cases, different offences may be joined in the same indictment, if of the same nature, but an indictment may be quashed, at the discretion of the court, when the counts are joined in such a manner as will confound the evidence. 1 Chit. Cr. Law, 253-255. In Pennsylvania it has been decided that when a defendant was indicted at one session of the court for a conspiracy with another to cheat a third person, and at another sessions of the same court he was indicted for another conspiracy to cheat another person, the two bills might be tried, by the same jury, against the will of the defendant, provided he was not thereby deprived of any material right, as the right to challenge ; whether he should be so tried or not seems to be a matter of discretion with the r >urt. 5 S. & R. 59; 12 S. & R. ,9. Vide Separate Trial.
Vide generally, 2 Saund. 117, b. to 117, c.; Com. Dig. Action, G; 2 Vin. Ab. 38; Bac. Ab. Actions in General, C; 13 John. R. 462; 10 John. R. 240; 11 John. R. 479; 1 John. R. 503; 3 Binn. 555; 1 Chit. PI. 196 to 205; Arch. Civ. PI. 172 to 176; Steph. PI. Index, h. t.; Dane's Ab. h. t.
JOINDER IN DEMURRER..- When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Co. Litt. 71b.
JOINDER OF ISSUE, pleading, is the act by which the parties to a cause, arrive at that stage of it in their pleadings, that one asserts a fact to be so, and the other denies it. For example, when one party denies the fact pleaded by his antagonist, who has tendered the issue thus, "And this he prays may be inquired of by the country," or "And of this he puts himself upon the country," the party denying the fact may immediately subjoin, "And the said A B, does the like;" when the issue is said to be joined.
JOINT EXECUTORS. It is proposed to consider, 1, the interest which they have in the estate of the deceased; 2, how far they are liable for each other's acts; 3, the rights of the survivor.
§ 1. Joint executors are considered in law as but one person, representing the testator, and therefore the acts of any one of them which relate either to the delivery, gift, sale, payment, possession or release of the testator's goods, are deemed, as regards the persons with whom they contract, the acts of all. Bac. Abr. h. t.; 11 Vin. Abr. 358; Com. Dig. Administration, B 12; 1 Dane's Abr. 583; 2 Litt. (Kentucky) R. 315; Godolph. 314 ; Dyer, 23, in marg.; 16 Serg. & Rawle, 337.
§ 2. As a general rule, it may be
laid down that each executor is liable for his own wrong, or devastavit only, and not for that of his colleague. He may be rendered liable, however, for the misplaced confidence which he may have reposed in his co-executor. As if he signs a receipt for money, in conjunction with anyother executor, and he receives no part of the money, but agrees that the other executor shall retain it, and apply it to his own use, this is his own misapplication, for which he is responsible. 1 P. Wms. 241, n. 1;
1 Sch. & Lef. 341 ; 2 Sch. & Lef. 231 ; 7 East, R. 256; 11 John. R. 16; 11 Serg. & Rawle, 71; Hardr. 314; 5 Johns. Ch. R. 283; and see
2 Bro.C.C. 116; 3Bro. C. C. 112; 2 Penna. R. 421; Fonb. Eq. B. 2, c. 7, s. 5, n. (k).
§ 3. Upon the death of one of several joint executors, the right of administering the estate of the testator, devolves upon the survivor. 3 Atk. 509; Com. Dig. Administration, B 12; Hamm. on Parties, 148.
In Pennsylvania, by legislative enactment, it is provided, " that when testators may devise their estates to their executors to be sold, or direct such executors to sell and convey such estates, or direct such real estate to be sold, without naming or declaring who shall sell the same, if one or more of the executors die, it shall or may be lawful for the surviving executor to bring actions for the recovery of the possession thereof, and against trespassers thereon; to sell and convey such real estates, or manage the same for the benefit of the persons interested therein. Act of 12th of March, 1800, 3 Sm. L. 433.
JOINT STOCK BANKS, in England, are a species of quasi*corporations, or companies regulated by deeds of settlement; and, in this respect, they stand in the same situation as other unincorporated bodies. But they differ from the latter in this, that they are invested by certain statutes with power and privileges usually incident to corporations. These enactments provide for the continuance of the partnership notwithstanding a change of partners. The death, bankruptcy, or the sale by a partner of his share, do not affect the identity of the partnership, it continues the same body, under the same name, by virtue of the act of parliament, notwithstanding these changes. 7 Geo. 4 c. 46 s. 9 'JOINT TENANTS, estates, are two or more persons to whom are granted lands or tenements to hold in fee simple, fee tail, for life, for years, or at will. 2 Black. Com. 179. The estate which they thus hold is called an estate in joint tenancy. Vide Estate in joint tenancy; Jus accrescendi; Survivor.
JOINT TRUSTEES, two ,or more persons who are entrusted with the performance of a thing. Unlike joint executors, joint trustees cannot act separately, but must join both in conveyances and receipts, for one cannot sell without the others, or receive more of the considerationmoney or be more a trustee than his partner. The trust having been given to the whole, it requires their joint act to do any thing under it. They are not responsible for money received by their co-trustees, if the receipt be given for the mere purposes of form. But if receipts be given under circumstances purporting that the money though not received by both was under the control of both, such a receipt shall charge, and the consent that the other shall misapply the money, particularly where he has it in his power to secure it, renders him responsible. 11 «crg. & Rawle, 71. See 1 Sch. & Lef. 341; 5 Johns. Ch. R. 233; Fonbl. Eq. B. 2, c. 7, s. 5; Bac. Abr. Uses and Trusts, K; 2 Bro. Ch. R. 116; 3 Bro. Ch. R. 112. In
the case of the Attorney-General v. Randall, a different doctrine was held. Ib. pi. 9. ,
JOINTRESS or JOINTURESS. A woman who has an estate settled on her by her husband, to hold during her life, if she survive him. Co. Litt. 46.
JOINTURE, estates, is a competent livelihood of freehold for the wife, of lands and tenements; to take effect in profit or possession, presently after the death of the husband, for the life of the wife at least. Jointures are regulated by the statute of 27 Hen. 8, c. 10, commonly called the statute of uses. To make a good jointure, it must be attended with the following cir-umstances; namely, 1, it must take effect, in possession or profit, immediately from the death of the husband; 2, it must be for the wife's life, or for some greater estate; 3, it must be limited to the wife herself, and not to any other person in trust for her; 4, it must be made in satisfaction for the wife's whole dower, and not of part of it only; 5, the estate limited to the wife must be expressed or averred to be, in satisfaction of her whole dower; 6, it must be made before marriage. A jointure attended with all these circumstances is binding on the widow, and is it complete bar to the claim of dower; or rather it prevents its ever arising. But there are other modes of limiting an estate to a wife, which Lord Coke says are good jointures within the statute, provided the wife accepts of them after the death of the husband. She may, however, reject them, and claim her dower. Cruise, Dig. tit. 7; 2 Bl. Com. 137; Perk. h. t. In its more enlarged sense, a jointure signifies a joint estate, limited to both husband and wife. 2 Bl. Com. 137. Vide 14 Vin. Ab. 540; Bac. Ab. h. t.
JOUR. This is 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 ;journeyman, a man who works by the day; journey's account, (q. v.)
JOURNAL, mar. law, is the book kept on board of a ship or other vessel, and which contains an account of the ship's course, with a short history of every occurrence during the voyage. Another name for Log Book, (q. v.) Chit. Law of Nat. 199.
JOURNAL, comm. law, is a book used among merchants in which the contents of the waste book are separated every month, and entered on the debtor and creditor side, for more convenient posting in the ledger.
JOURNAL, legislation, is an account of the proceedings of a legislative body. The constitution of the United States, art. 1, s. 5, directs that " each house shall keep a journal of its proceedings; and from time to time publish the same, excepting such parts as may in their judgment require secrecy." Vide 2 Story, Const. 301. The constitutions of the several states contain similar provisions. The journal of either house is evidence of the action of that house upon all matters before it. 7 Cowen, R. 613; Cowp. 17.
JOURNEYS ACCOUNT, 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 quasi a continuance of the first writ, and placed him in a situation in which he would have been, supposing he had still proceeded on that writ. This was called yournew 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,
h. t.; Bac. Ab. Abatement, Q; 14 Vin. Ab. 558; 4 Com. Dig. 714.
JUDGE. A public officer lawfully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions, and not only judges properly so called, but also justices of the peace, and jurors who are judges of the facts in issue. See 4 Dall. 229; 3 Yeates, R. 300. In a more limited sense, the term judge signifies an officer who is so named in his commission, and who presides in some court.
Judges are appointed or elected in a variety of ways in the United States; they are appointed by the president by and with the consent of the senate; in some of the states they are appointed by the governor; the governor and senate, or by the legislature. In the United States and some of the states, they hold their offices during good behaviour; in others, as in New York, during good behaviour or until they shall attain a certain age; and in others for a limited term of years.
Impartiality is the first duty of a judge; before he gives an opinion or sits in judgment in a cause, he ought to be certain he has no bias for or against either of the parties; and if he has any the slightest interest in the cause he is disqualified from sitting as judge; aliquis mm debet esse judex in propria causa; H Co. 118; 21 Pick. Rep. 101 ; 5 Mass. 92; 13 Mass. 340; 6 Pick. R. 109; and when he is aware of such interest he ought himself to refuse to sit on the case. It seems it is discretionary with him whether he will sit in a cause in which he has been of counsel. 2 Marsh. 517; Core, 164; see 2 Binn. 454; but the delicacy which characterizes the judges in this country generally forbids their sitting in such a cause. He must not
only be impartial, but he must pay a blind obedience to the law, whether good or bad. He is bound to declare what the law is, and not to make it; he is not an arbitrator, but an interpreter of the law. It is his duty to be patient in the investigation of the case, learned in considering it, and firm in his judgment. He ought, according to Cicero, " never to lose sight that he is a man, and that he cannot exceed the power given him by his commission; that not only power but public confidence has been given to him; that he ought always seriously to attend not to his wishes but to the requisitions of the law, of justice and religion." Cic. pro Cluentius.
While acting within the bounds of his jurisdiction, the judge is not responsible for any error of judgment or mistake he may commit as a judge. Co. Litt. 294; 2 Inst. 422; 2 Dall. R. 160; 1 Yeates, R. 443; 2 N. & McC. 168; 1 Day, R. 315; 1 Root, R. 211; 3 Caines, R. 170; 5 John. R. 282; 9 John. R. 395; 11 John. R. 150; 3 Marsh. R. 76; 1 South. R. 74; 1 N. H. Rep. 374; 2 Bay, 1, 69; 8 Wend. 468; 3 Marsh. R. 76; when he acts corruptly, he may be impeached. 5 John. R. 282; 8 Cowen, R. 178; 4 Dall. R. 225.
Vide Com. Dig. Courts, B 4, C 2, E 1, P 16—Justices, I 1, 2, and 3; 14 Vin. Ab. 573; Bac. Ab. Courts, &c, B; 1 Kent, Com. 291 ; Ayl. Parerg. 309; Story, Const. Index, h. t. See U. S. Dig. Courts, I, where will be found an abstract of various decisions relating to the appointment and powers of judges in different states. Vide Equality; Incompetency.
JUDGE ADVOCATE, is an officer who is a member of a court martial. His duties are to prosecute in the name of the United States, but he shall so far consider himself as counsel for the prisoner, after the
prisoner shall have made his plea, as to object to leading questions to any of the witnesses, or any question to the prisoner, the answer to which might tend to criminate himself. He is further to swear the members of the court before they proceed upon any trial. Rules and Articles of War, art. 69, 2 Story, L. U. S. 1001.
JUDGMENT, practice, is the decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury. The language of judgments, therefore, is not that "it is decreed," or "resolved," by the court; but "it is considered," (consideratum est per curiam) that the plaintiff recover his debt, damages, possession, and the like, or that the defendant do go quit. This implies that the judgment is not so much the decision of the court, as the sentence of the law pronounced and decreed by the court, after due deliberation and inquiry. There are four kinds of judgments in civil cases, namely: 1. When the facts are admitted by the parties, but the law is disputed; as in case of judgment upon demurrer. 2. When the law is admitted, but the facts are dispu. ted; as in case of judgment upon a verdict. 3. When both the law and the facts are admitted by confession; as in the case of cognovit actionem, on the part of the defendant; or nolle prosequi, on the part of the plaintiff. 4. By default of either party in the course of legal proceedings, as in the case of judgment by nihil dicit, or, non sum informatus, when the defendant has omitted to plead or instruct his attorney to do so, after a proper notice; or in cases of judgment by non-pros, non-suit, or, as in case of non-suit, when the plain, tiff omits to follow up his proceed. ings. These four species of judgments, again, are either interlocutory