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to forbid or prevent the legislature of a state from exercising judicial functions. 2 Pet. R. 413; and judicial acts have occasionally been performed by the legislatures. 2 Root, R. 350; 3 Greenl. R. 334; 3 Dall. R. 336; 2 Pet. R. 660; 16 Mass. R. 328; Walk. R. 258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip. R. 77; 1 Aik. R. 314. But a state legislature cannot annul the judgments, nor determine the jurisdiction of the courts of the United States, 5 Cranch. R. 115; 2 Dall. R. 410; nor authoritatively declare what the law is, or has been, but what it shall be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R. 451 ; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5N.S.519; 1 L. R. 433; 7 M. R. 325; 9 M. R. 204; 10M.R. 1.
JUDICIAL MORTGAGE. In Louisiana, is the lien resulting from judgments, whether these be rendered on contested cases, or by default, whether they be final or provisional, in favour of the person obtaining them. Civ. Code of Lo. art. 3289.
JUDICIAL SALE, is a sale made by authority of some competent tribunal, by an officer authorised by law for the purpose. The officer who makes the sale, conveys all the rights of the defendant, or other person against whom the process has been issued, in the property sold. Under such a sale there is no warranty, either express or implied, of the thing sold. 9 Wheat. 616. When real estate is sold by the sheriff or marshal, the sale is subject to the confirmation of the court, or it may be set aside. See 4 Wash. C. C. R. 45; Wallace, 128; 4 Wash. C. C. R. 322.
JUDICIAL WRITS, Eng. prac tice. The capias and all other subsequent writs to the original writ, not issuing out of chancery, but from
the court into which the original was returnable, and being grounded on what had passed in that court in consequence of the sheriff's return, were calledyudiciai writs, in contradistinction to the writs issued out of chancery, which were called original writs. 3B1. Com. 282.
JUDICIARY. What is done while administeringjustice; the judges, taken collectively, as, the liberties of the people are secured by a wise and independent judiciary. See Courts, and 3 Story, Const. B. 3, c. 38.
JUDICIUM DEI. The judgment of God. The English law formerly impiously called the judgments on trials by ordeal, by battle, and the like, the judgments of God.
JUNIOR, younger. This has been held to be no part of a man's name, but an addition by use, and a convenient distinction between a father and son of the same name. 10 Mass. R. 203; 1 Pick. R. 388; 7 John. R. 549; 2 Caines, 164.
JUNIPERUS SABINA, med.jur. This plant is commonly called savine. It is used for lawful purposes in medicine, but too frequently for the criminal intent of producing abortion, generally endangering the life of the woman. It is usually administered in powder or oil. The dose of oil for lawful purposes for a grown person is from two to four drops. Parr's Med. Dictionary, article Sabina. Fodere mentions a case where a large dose of powdered savine had been administered to an ignorant girl, in the seventh month of her pregnancy, which had no effect on the fetus. It was, however, near taking the life of the girl. Fodere, tome iv. p. 431. Given in sufficiently large doses, 4 or 6 grains in the form of powder, kills a dog in a few hours, and even its insertion in a wound has the same effect. Orfila, Traite des Poisons, tome iii. p. 42. For a form of indictment for administering savine to a woman quick with child, see 3 Chit. Cr. Law, 799. Vide 1 Beck's Med. Jur. 316.
JURAMENTUM JUDTCIALE, a term in the civil law. The oath called juramentum judiciale is that which the judge, of his own accord, defers to either of the parties. It is of two kinds, 1st, That which the judge defers for the decision of the cause, and which is understood by the general name juramentum judicial?, and is sometimes called supple tory oath, juramentum suppletorium. 2d. That which the judge defers in order to fix and determine the amount of the condemnation which he ought to pronounce, and which is called juramentum in litem. Poth. on Oblig. P. 4, c. 3, s. 3, art. 3.
JURAT, 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, namely: "Sworn
and subscribed before me on the
day of , 1842, J. P. justice of
the peace." In some cases it has been holden that it/was essential that the officer should sign the jurat, and that it should contain his addition and official description. 3 Caines, 128; but see 6 Wend. 543; 12 Wend. 223; 2 Cowen, 552; 2 Wend. 283; 2 John. 479; Harr. Dig. h. t.; Am. Eq. Dig. h. t.
JURATA, is a certificate placed at the bottom of an affidavit, declaring that the witness 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 , 18—." The Jurat, (q. v.)
JURATS, officers, in some English corporations, jurats are officers who have much the same power as aldermen in others. Stat. 1 Ed- 4; «tat. 2 & 3 Ed. 6, c. 30; 13 Ed. 1, c. 26.
JURIDICAL. Signifies regular, done in conformity to the laws of the country, and the practice which is there observed.
JURIDICAL DAYS, dies juridici. Days in court on which the law is administered.
JURISCONSULT, is one well versed in jurisprudence, a jurist; one whose profession it is to give counsel on questions of law.
JURISDICTION, practice, is a powerconstitutionally conferred upon a judge or magistrate to take cognizance of and decide causes according to law, and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. Every act of jurisdiction exercised by a judge without his territory, either by pronouncing sentence or carrying it into execution, is null. An inferior court has no jurisdiction beyond what is expressly delegated. 1 Salk. 404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311; and see Bac. Ab. Courts, &c, C, et seq.; Bac. Ab. Pleas, E 2.—Jurisdiction is original, when it is conferred on the court in the first instance, which is called original jurisdiction, (q. v.); or it is appellate, which is when an appeal is given from the judgment of another court. Jurisdiction is also civil, where the subject-matter to be tried is not of a criminal nature; or criminal, where the court is to punish crimes. Some courts and magistrates have both civil and criminal jurisdiction. It is the law which gives jurisdiction; the consent of parties, cannot, therefore, confer it, in a matter which the law excludes. 1 N. &t M. 192; 3 M'Cord, 280; 1 Call, 55; 1 J. J. Marsh. 476; 1 Bibb, 263; Cooke, 27; Minor, 65; BLitU 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441; 1 Const. R. 478. But where the court has jurisdiction of the matter, and the defendant has some privilege which exempts Rim from the jurisdiction, he may waive the privilege. 5 Cranch, 2f8; 1 Pet. 449; 8 Wheat. 6y9; 4 'WOc. C. R. 84; 4 M'Cord, 79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213. Courts of inferior jurisdiction must act within their jurisdiction, and so it must appear upon the record. 5 Cranch, 172; Pet. C. C. R. :J6; 4 Dall. 11; 2 Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513 ; Pr. Dec. 380; 2 Verm. 329; 3 Verm. 114; lOConn. 514; 4 John. 292; 3 Yerg. 355; Walker, 75; 9 Cowen, 227; 5 Har. & John. 36; 1 Bailey, 45!); 2 Bailey, 267. But the legislature may bv a general or special law provide otherwise. Pet. C. C. R. M. Vide 1 Salk. 414 ; Bac. Ab. Courts, &c, C, D; Id. Prerogative, F, 5; Merlin Rep. h. t.; Ayl. Par. 317, and the art. Competency. As to the force of municipal laws beyond the territorial jurisdiction of the state, see Wheat. Intern. Law, part. 2, c. 2, § 7, et seq.; Story, Confl. of Laws, c. 2; Huberus, lib. 1, t. 3; 13 Mass. R. 4; Pard. Dr. Com. part. 6, t. 7, c. 2, § 1; and the articles Conflict of Laws; Courts of the United States.
JURISPRUDENCE, is the science of the law. By science here is understood that connexion of truths founded on principles either evident in themselves, or capable of demonstration; a collection of truths of the same kind, arranged in methodical order. In a more confined sense jurisprudence is the practical science of giving a wise interpretation to the laws, and to make a just application of them to all cases as they arise. In this sense it is the habit of judging the same question in the same manner, and by this course of judgments forming precedents. 1 Ayl. Pand.
3; Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 1, 12,99; Merl. Rep. h. t; 19 Amer. Jurist, 3.
JURIST, one well versed in the science of the law. The term is usually applied to students and practitioners of law.
JUROR, practice, from juro, to swear; a man who is sworn or affirmed to serve on a jury. Jurors are selected from citizens, and may be compelled to serve by fine; they generally receive a compensation for their services;' while attending court they are privileged from arrest in civil cases.
JURY, a body of men selected according to law, for the purpose of deciding some controversy. This mode of trial by jury was adopted soon after the conquest of England by William, and was fully established for the trial of civil suits in the reign of Henry II. Crabb's C. L. 5(1, 51. Juries are either grand juries, (q. v.) or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified to serve on juries, impannelled and sworn to try one or more issues of facts submitted to them, and to give a judgment respecting the same, which is called a verdict. Each one of the citizens so impannelled and sworn is called a juror. Vide Trial.
The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment, shall be by jury;" and this invaluable institution is also secured by the several state constitutions. The constitution of the United States also provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amendm. VII.
JUS. Law or right. This term is applied in many modern phrases.
JUS ACCRESCENDI. The right of survivorship. At common law when one of several joint tenants died, the entire tenancy or estate went to the survivors, and so on to the last survivor, who took an estate of inheritance. This right, except in estates held in trust, has been abolished by statute in Alabama, Delaware, Georgia, Illinois, Indiana, Kentucky, Michigan, Missouri, Mississippi, New York, North Carolina, Pennsylvania, South Carolina, Tennessee, and Virginia. Griff. Reg. h. t.; 1 Hill. Ab. 439, 440. In Connecticut, 1 Root, Rep. 48; 1 Swift's Dig. 102; and Louisiana, this right was never recognized. See 11 Serg. & R. 192; 2 Caines, Cas. Err. 326 ; 3 Verm. 543; 6 Monr. R. 15; and Estate in common; Estate in joint tenancy.
JUS AD REM, property, title. This phrase is applied to designate the right a man has in relation to a thing; it is not the right in the thing itself, but only against the person who has contracted to deliver it. It is a mere imperfect or inchoate right. 2 Bl. Com. 312; Poth. Dr. de Dom. de Propriete, ch. prel. n. 1. This phrase is nearly equivalent to chose in action. 2 Wooddes. Lect. 235; See 2 P.. Wms. 491; 1 Mason, 221; 1 Story, Eq. Jur. § 51)6; 2 Story, Eq. Jur. § 1215; Story, Ag. § 352; and Jus in re.
JUS AQU.EDUCTUS, civil law. The name of a servitude which gives to the owner of land the right to bring down water through or from the land of another, either from its source or from any other place. Its privilege may be limited as to the time when it may Be exercised. If the source fails, the servitude ceases, but revives when the water returns. If the water rises in, or naturally flows through the land, its proprietor cannot by any grant divert it so as to prevent it flowing to the land below. 2 Roll. Ab. 140,1. 25; Lois des Bat. part.
1, c. 3, s. 1, art. 1. But if it had been brought into his land by artificial means, it seems it would be strictly his property, and that it would be in his power to grant it. Dig. 8, 3, 1 & 10 ; 3 Burge on the Confl. of Laws, 417. Vide Rain water; River; Water-course.
JUS Cloacie, civil law. The name of a servitude which requires the party who is subject to it, to permit his neighbour to conduct the waters which fall on his grounds over those of the serv ient estate.
JUS DELIBERANDI. The right of deliberating which in some countries where the heir may have benefit of inventory, (q. v.) is given to him to consider whether he will accept or renounce the succession. In Louisiana he is allowed ten days before he is required to make his election. Civ. Code, art. 1028.
JUS DUPLICATUM, property, title. When a man has the possession as well as the property of any thing, he is said to have a double right, jus duplicatum. Bract. 1. 4, tr. 4, c. 4; 3 Bl. Com. 189.
JUS GENTIUM, the law of nations, (q. v.) Although the Romans used these words in the sense we attach to law of nations, yet among them the sense was much more extended. Falck, Encyc. Jur. 102, n. 42.
JUS GLADII. Supreme jurisdiction. The right to absolve or condemn a man to death.
JUS MARITI, Scotch law, is the right of the husband to administer, during the marriage, his wife's goods and the rents of her heritage.
JUS PERSONARUM. The right of persons. A branch of the law which embraces the theory of the different classes of men who exist in a state, and which have been formed by nature or by the society; it includes particularly the theory of the ties of families, of the legal form and the
juridical effects as to the relations among them. The Danes, the English, and the learned in this country, class under this head the relations which exist between men in a political point of view. Blackstone, among others, has adopted this classification. There seems a confusion of ideas when such matters are placed under this head. Vide Bl. Com. Book 1.
JUS POSTLIMINII, property, title. The right to claim property after re-capture. Vide Postliminy; Marsh. Ins. 573; 1 Kent, Com. 108; Dane's Ab. Index, h. t.
JUS PROJICIENDI, civil law. The name of a servitude; it is the right which the owner of a building has of projecting a part of his building towards the adjoining house, without resting on the latter. It is extended merely over the ground. Dig. 50, 16, 242, 1; Dig. 8, 2, 25; Dig. 8, 5, 8, 5.
JUS PROTEGENDI, civil law. The name of a servitude; it is a right by which a part of the roof or tiling of one house is made to extend • over the adjoining house. Dig. 50, 16, 242, I; Dig. 8, 2, 25; Dig. 8, 5, 8, 5.
JUS IN RE, property, title. It is the right which a man has in a thing, by which it belongs to him. It is a complete and full right. Poth. Dr. de Dom. de Prop. n. 1. This phrase of the civil law corresponds to convey the same idea as thing in possession, does with us. 4 Wooddes. Lect. 235; vide 2 P. Wms. 491; 1 Mason, 221; 1 Story, Eq. Jur. § 506; 2 Story, Eq. Jur. § 1215; Story, Ag. § 352; and Jus ad rem.
JUS RELICTA, Scotch law, is the right of a wife, after her husband's death, to a third of movables, if there be children; and to one-half, if there be none.
JUS RERUM. The right of things. This treats of the juridical
relations which bear upon the objects of external nature. Its principal object is to ascertain how far a person can have a permanent dominion over a specified portion of nature, and how that dominion is acquired. Vide Bl. Com. Book 2.
JUS STRICTUM. A Latin phrase which signifies that the law is to be interpreted without any modification, and in its utmost rigour.
JUSTICE is the constant and perpetual disposition to render every man his due. Just. Inst. B. 1, tit. 1. Toullier defines it to be the conformity of our actions and our will to the law. Dr. Civ. Fr. tit. prel. n. 5. In the most extensive sense of the word, it differs little from virtue, for it includes within itself the whole circle of virtues. Yet the common distinction between them is that which considered positively and in itself, is called virtue, when considered relatively and with respect to others, has the name of justice. But justice being in itself a part of virtue, is confined to things simply good or evil, and consists in a man's taking such a proportion of them as he ought. Justice is either distributive or commutative.
Distributive justice is that virtue whose object is to distributive rewards and punishments to each one according to his merits, observing a just proportion by comparing a person or a fact with another, so that neither equal persons have unequal things, nor unequal persons things equal. Tr. of Eq. 3, and Toullier's learned note, Dr. Civ. Fr. tit. prel. n. 7, note.
Commutative justice is that virtue whose object it is to render to every one what belongs to him, as nearly as may be, or that which governs contracts. To render commutative justice, the judge must make an equality between the parties, that no one may be a gainer by another's loss. Tr. Eq. 3.