JACTITATION. OF  MARRIAGE, Eng.  eccl. 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
each other.

   2. The  ecclesiastical courts  may in  such cases  entertain a
libel by  the party  injured;  and, on proof of the facts, enjoin
the wrong-doer  to perpetual silence;  and, as a punishment, make
him pay  the costs. 3 Bl. Com. 93;  2 Hagg. Cons. R. 423 Id. 285;
2 Chit. Pr. 459.

   JACTURA. The  same as jettison. (q. v.) 1 Bell's Com. 586, 5th

   JAIL. A prison;  a place appointed by law for the detention of
prisoners. A  jail is  an  inhabited  dwelling-house  within  the
statute of  New York,  which makes  the malicious  burning of  an
inhabited dwelling-house  to be  arson. 8 John. 115;  see 4 Call,
109. Vide Gaol;  Prison.

   JEOFAILE. This  is a law French phrase, which signifies, "I am
in an  error;   I have failed." There are certain statutes called
statutes of  amendment and  jeofails  because,  where  a  pleader
perceives  any   slip  in   the  form  of  his  proceedings,  and
acknowledges the  error, (jeofaile,)  he is  at liberty  by those
statutes to amend it. The amendment, however, is seldom made, but
the benefit is attained by the court's overlooking the exception.
3 Bl.  Com. 407;  1 Saund. 228, n. 1;  Doct. Pl. 287;  Dane's Ab.
h. t.

   JEOPARDY. Peril,  danger. 2.  This is  the meaning attached to
this word  used in  the act  establishing and regulating the post
office department. The words of the act are, "or if, in effecting
such robbery of the mail the first time, the offender shall wound
the person  having the  custody  thereof,  or  put  his  life  in
jeopardy by  the use  of dangerous  weapons, such  offender shall
suffer death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95.

  3. The constitution declares that no person shall "for the same
offence, be  twice put in jeopardy of life and limb." The meaning
of this  is, that the party shall, not be tried a second time for
the same offence after he has once been convicted or acquitted of
the offence  charged, by  the verdict of a jury, and judgment has
passed thereon  for or against him;  but it does not mean that he
shall not  be tried  for the  offence,  if  the  jury  have  been
discharged from  necessity or  by  consent,  without  giving  any
verdict;   or, if  having given  a verdict,  judgement  has  been
arrested upon  it, or  a new trial has been granted in his favor;
for, in  such a case, his life and limb cannot judicially be said
to have  been put in jeopardy. 4 Wash. C. C. R. 410;  9 Wheat. R.
579;   6 Serg.  & Rawle,  577;  3. Rawle, R. 498;  3 Story on the
Const. §1781. Vide 2 Sumn. R. 19. This great privilege is secured
by the common law. Hawk. P. C., B. 2, 35;  4 Bl. Com. 335.

   4. This  was the  Roman law,  from which  it has been probably
engrafted upon  the common  law. Vide  Merl. Rep. art. Non bis in
idem. Qui  de crimine publico accusationem deductus est, says the

          Bouvier's Law Dictionary : JK : Page 1 of 36

Code, 9,  2, 9,  ab alio  super eodem crimine deferri non potest.
Vide article Non bis in idem.

   JERGUER, Engl.  law.  An  officer  of  the  custom-house,  who
oversees the waiters. Techn. Dict. h. t.

   JETTISON, or  JETSAM.  The  casting  out  of  a  vessel,  from
necessity, a  part of  the lading;  the thing cast out also bears
the same  name;   it differs  from flotsam  in this,  that in the
latter the goods float, while in the former they sink, and remain
under water;  it differ;  also from ligan. (q. v.)

   2. The jettson must be made for sufficient cause, and not from
groundless timidity. In must be made in a case of extremity, when
the ship  is in danger of perishing by the fury of a storm, or is
laboring upon rocks or shallows, or is closely pursued by pirates
or enemies.

   3. If the residue of the cargo be saved by such sacrifice, the
property saved  is bound  to pay  a:  proportion of, the loss. In
ascertaining such  average. loss,  the goods  lost and  saved are
both to  be valued  at the  price they  would have brought at the
place of  delivery, on  the ship's arrival there, freight, duties
and other  charges being deducted. Marsh. Ins. 246;  3 Kent, Com.
185 to  187;   Park. Ins.,  123;   Poth. Chartepartie, n. 108, et
suiv;   Boulay-Paty, Dr.  Com. tit.  13;   Pardessus, Dr. Com. n.
734;  1 Ware's R. 9.

   JEUX DE  BOURSE, French  law. This  is a  kind of  gambling or
speculation, which  consists of  sales and purchase's, which bind
neither of the parties to deliver the things which are the object
of the  sale, and  which are  settled by paying the difference in
the value  of the  things sold  between the  day of the sale, and
that appointed  for delivery  of such things. 1 Pard. Dr. Com. n.

  JEWS. See De Judaismo Statutum.

   JOB. By  this term is understood among workmen, the whole of a
thing which  is to  be done.  In this sense it is employed in the
Civil Code  of Louisiana,  art. 2727;   "to  build by plot, or to
work by  the job," says that article, "is to undertake a building
for a certain stipulated price." See Durant. du Contr. de Louage,
liv. 8,  t. 8,  n. 248, 263;  Poth. Contr. de Louage, n. 392, 394
and Deviation.

   JOBBER, commerce.  One who buys end 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.

   JOCALIA. 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

          Bouvier's Law Dictionary : JK : Page 2 of 36

  JOINDER OF ACTIONS, practice. The putting two or more causes of
action in the same declaration.

   2. It  is a general rule, that in real actions there can never
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.

   3. 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. Strictly, however, ejectment at common
law, is a personal action, and a count in trespass for an assault
and battery,  may be joined with it;  for both sound in trespass,
and the same judgment is applicable to both.

   4. 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  that   the  various  counts
introduced, do  not really  relate to  different claims,  but are
adopted merely as so many different forms of propounding the same
demand. 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 declare 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' 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, th 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.

   5. In criminal case s, 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 to cheat a third person, and at another session 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

          Bouvier's Law Dictionary : JK : Page 3 of 36

discretion with  the court.  5 S.  & R.  59 12  S.  R.  69.  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 Pl. 196 to 205;  Arch. Civ.
Pl. 172 to 176;  Steph. Pl. 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. 71 b.
But this is a mere formality.

   JOINDER OF ISSUE, pleadings. 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.

   JOINDER OF  PARTIES TO  ACTIONS. It  is a  rule in  actions ex
contractu that all who have a legal interest in the contract, and
no others,  must join  in action  founded on  a  breach  of  such
contract;   whether the  parties are  too many  or too few, it is
equally fatal.  8 S.  & R. 308:  4 Watts, 456;  1 Breese, 286;  6
Pick. 359.  6 Mass.  460;   2 Conn. 697;  6 Wend. 629;  2 N. & M.
70;   1 Bailey,  13;  5 Verm. 116;  3 J. J. Marsh. 165;  16 John.
34;  19 John. 213;  2 Greenl. 117;  2 Penn. 817.

   2. In  actions ex  contractu  all  obligors  jointly  and  not
severally liable,  and no  others, must  be  made  defendants.  1
Saund. 153,  note 1;  1 Breese, 128;  11 John. 101;  J. J. Marsh.
38;  2 John. 213.

   3. In  actions ex.  delicto, when  an injury  is done  to  the
property of  two or  more joint  owners, they  must join  in  the
action. 1  Saund. 291,  g;  11 Pick. 269;  12 Pick. 120;  7 Mass.
135;  13 John. 286.

   4. When a tort is of such a nature that it may be committed by
several, they  may all be joined in an action ex delicto, or they
may be  sued severally.  But when  the tort  cannot be  committed
jointly, as,  for example, slander, two or more persons cannot be
sued jointly,  although they  may have  uttered the same words. 6
John. 32. See, generally, 3 Bouv. Inst. n. 2648, et seq.

  JOINT. United, not separate;  as, joint action, or one which is
brought by  several persons  acting together;  joint bond, a bond
given by two or more obligors.

   JOINT CONTRACT. 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.

   2. It  is a  general rule  that  a  joint  contract  survives,
whatever may be the beneficial interests of the parties under it;

          Bouvier's Law Dictionary : JK : Page 4 of 36

where a  partner, covenantor,  or other person entitled, having a
joint interest in a contract not running with the land, dies, the
right to  sue survives in the other partner, &c. 1 Dall. 65, 248;
Addis. on  Contr. 285.  And when  the obligation or promise is to
perform something  jointly by  the obligor or promissors, and one
dies, the  action must  be brought  against the survivor. Ham. on
Part. 156.

  3. When all the parties interested in a joint contract die, the
action must  be brought by the executors or administrators of the
last surviving,  obligee, against the executors or administrators
of  the  last  surviving  obligor.  Addis.  on  Contr.  285.  See
Contracts;  Parties to Actions;  Co-obligor.

   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.

   2. -  §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.
But an executor cannot, without the knowledge of his co-executor,
confess a  judgment for  a claim, part of which was barred by the
act of  limitations, so  as to bind the estate of the testator. 6
Penn. St. Rep. 267.

   3. -  §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
coexecutor. As,  if he  signs a receipt for money, in conjunction
with another  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;
3 Bro.  C. C.  112;  2 Penn. R. 421;  Fonb. Eq. B. 2, c. 7, s. 5,
n. k.

   4. - §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.

   5. In  Pennsylvania, by legislative enactment, it is provided,
"that where 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

          Bouvier's Law Dictionary : JK : Page 5 of 36

thereof, and  against trespassers  thereon;   to sell and "convey
such real  estate, or  manage the  same for  the benefit  of  the
persons interested therein." Act of March 12, 1800, 3 Sm. L. 433.

   JOINT STOCK  BANKS. In  England they  are a  species of  quasi
corporations, or  companies regulated  by  deeds  of  settlement;
and, in  this respect,  the 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  powers  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,  does  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. IV., c. 46, s. 9.

  JOINT TENANTS, estates. Two or more persons to whom are granted
land's 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
property for the benefit of one or more others.

     2.  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
consideration money,  or be  more a trustee than his partner. The
trust having been given to the whole, it requires their joint act
to do  anything 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 Serg. & Rawle, 71. See 1 Sch. & Lef. 341;  5
Johns. Ch.  R. 283;  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. Id. pl. 9.

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

   JOINTURE, estates.. 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 hushand,  for the
life of the wife at least.

   2. Jointures  are regulated by the statute of 27 Hen. VIII. o.
10, commonly called the statute of uses.

   3. To  make a  good jointure, the following circumstances must

          Bouvier's Law Dictionary : JK : Page 6 of 36

concur, namely;  1. It must take effect, in possession or profit,
immediately from  the death of the hushand. 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 a
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
hushand. 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 hushand  and. wife.  2 131.  Com. 137. Vide 14 Vin. Ab. 540;
Bac. Ab. h. t.;  2 Bouv. Inst. n. 1761, et seq.

   JOUR. A French word, signifying day. It is used in our old law
books, as,  tout jours,  for ever. It is also frequently employed
in  the   composition  of   words,  as,   journal,  a  day  book;
journeyman, a  man 'who  works by the day;  journeys account. (q.

   JOURNAL, mar.  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. Another name
for logbook. (q. v.) Chit. Law of Nat. 199.

   JOURNAL, common law. 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.  An account  of  the  proceedings  of  a
legislative body.

  2. 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.

   3. The  constitutions of  the several  states contain  similar

   4. 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 journeys

          Bouvier's Law Dictionary : JK : Page 7 of 36

  2. This mode of proceeding has fallen into disuse, the practice
now being  to permit  that writ  to be  quashed, and  torque  out
another. Vide  Termes de  la Ley,  h. t.;  Bac. Ab. Abatement, Q;
14 Vin. Ab. 558;  4 Com. Dig. 714;  7 Mann. & Gr. 762.

  JUDEX. This word has several significations:  1. The judge, one
who declares  the law, quijus dicit;  one who administers justice
between the  parties to  a cause, when lawfully submitted to him.
2. The  judicial power,  or the court. 3. Anciently, by judex was
also understood a juror. Vide Judge.

  JUDEX A Quo. A judge from whom an appeal may be taken;  a judge
of a court below. See A quo;  6 Mart. Lo. Rep. 520.

   JUDEX AD  OUEM. A  judge to  whom an  appeal may  be taken:  a
superior judge.

  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, IR. 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.

   2. 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.

   3. 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 that 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 non debet esse judex
in propria  causa;   8 Co.  118;  21 Pick. Rep. 101;  5 Mass. 92;
13 Mass. 340;  6 Pick. R. 109;  14 S. & R. 157-8;  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;  Coxe,
164;   see 2  Binn. 454. But the delicacy which characterizes the
judges in  this country, generally, forbids their sitting in such
a cause.

   4. He  must not  only be  impartial, but  he must  follow  and
enforce 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, careful 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

          Bouvier's Law Dictionary : JK : Page 8 of 36

has been  given to him;  that he ought always seriously to attend
not to  his wishes but to the requisitions of law, of justice and
religion." Cic.  pro.  Cluentius.  A  curious  case  of  judicial
casuistry is stated by Aulus Gellius Att. Noct. lib:  14, cap. 2,
which may be interesting to the reader.

   5. While  acting within  the bounds  of his  jurisdiction, the
judge is  hot responsible  for any error of judgment, nor mistake
he may  commit as  a judge. Co. Litt. 294;  2 Inst. 422;  2 Dall.
R. 160;   1  Yeates, R.  443;   N. & M'C. 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.

   6. A  judge is  not competent  as a  witness in a cause trying
before him,  for this, among other reasons, that he can hardly be
deemed capable  of impartially  deciding on  the admissibility of
his own  testimony, or of weighing. it against that of another. a
Martln's R,  N. S.  312. Vide, Com. Dig. Courts, B 4, C 2, E 1, P
16 justices,  1 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   Eguality;

  JUDGE ADVOCATE. An officer who, is a member of a court martial.

   2. 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;  Lid. Jud. Adv. passim.

   JUDGE'S NOTES.  They are  short statements, made by a judge on
the trial  of a  cause, of  what transpires in the course of such
trial. They  usually contain  a statement  of  the  testimony  of
witnesses;   of documents  offered or  admitted in  evidence;  of
offers of  evidence and whether it has been received or rejected,
and the like matters.

  2. In general judge's notes are not evidence of what transpired
at a  former trial, nor can they be read to prove what a deceased
witness swore  to on  such former  trial, for they are no part of
the record,  and he  is not officially bound to make them. But in
chancery, when  a new  trial is  ordered of  an issue sent out of
chancery to  a court of law, and it is suggested that some of the
witnesses in  the former  trial are  of an advanced age, an order
may be  made that,  in the event of death or inability to attend,
their testimony may be read from the judge's notes. 1 Greenl. Ev.

          Bouvier's Law Dictionary : JK : Page 9 of 36

   JUDGMENT, practice. 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.

   2. 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,  or possession,  as the  case may require, or that
the defendant  do go  without day. 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.

   3. To  be valid,  a judicial  judgment  must  be  given  by  a
competent judge  or court,  at a time and place appointed by law,
and in  the form  it requires.  A judgment  would be null, if the
judge had  not jurisdiction  of the  matter;    or,  having  such
jurisdiction, he  exercised it  when there  was no court held, or
but of  his district;   or  if be  rendered a judgment before the
cause was prepared for a hearing.

   4. The  judgment must  confine itself  to the  question raised
before the court, and cannot extend beyond it. For example, where
the plaintiff  sued for  an injury  committed  on  his  lands  by
animals owned  and kept carelessly by defendant, the judgment may
be for  damages, but  it cannot  command the  defendant  for  the
future to keep his cattle out of the plaintiff's land. That would
be to usurp the power of the legislature. A judgment declares the
rights which  belong to  the citizen,  the law alone rules future
actions. The  law commands  all men,  it is  the  same  for  all,
because it is general;  judgments are particular decisions, which
apply only  to particular persons, and bind no others;  they vary
like the circumstances on which they are founded.

     5.  Litigious  contests  present  to  the  courts  facts  to
appreciate, agreements  to be  construed, and points of law to be
resolved. The  judgment is  the result of the full examination of
all these.

   6. 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 disputed;  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 disit, 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;   or, as  in case of nonsuit, when the
plaintiff omits to follow up his proceedings.

    7.  These  four  species  of  judgments,  again,  are  either
interlocutory or final. Vide 3 Black. Com. 396;  Bingh. on Judgm.
1. For the lien of judgment in the several estates, vide Lien.

          Bouvier's Law Dictionary : JK : Page 10 of 36

  8. A list of the various judgments is here given.
  9. Judgment in assumpsit is either in favor of the plaintiff or
defendant;  when in favor of the plaintiff, it is that he recover
a specified  sum, assessed  by a  jury, or  on reference  to  the
prothonotary, or  other proper  officer, for the damages which he
has sustained,  by reason  of the  defendant's non-performance of
his promises  and undertakings,  and for  full costs  of suit.  1
Chit. Pl. 100. When the judgment is for the defendant, it is that
he recover his costs.

   10. Judgment  in actions  on the  case for torts, when for the
plaintiff, is  that he  recover a  sum of  money ascertained by a
jury  for  his  damages  occasioned  by  the  committing  of  the
grievances complained  of, and  the costs of suit. 1 Ch. Pl. 147.
When for the defendant, it is for costs.

   11. Judgment of cassetur breve, or billa, is in cases of pleas
in abatement where the plaintiff prays that his "writ" or " bill"
"may be quashed, that he may sue or exhibit a better one." Steph.
Pl. 130, 131, 128 Lawes, Civ. PI.

   12. Judgment  by confession.  When instead of entering a plea,
the defendant chooses to confess the action;  or, after pleading;
he does,  at any  time before  trial, both confess the action and
withdraw his  plea or  other allegations;   the  judgment against
him, in these two cases, is called a judgment by confession or by
confession relicta verificatione. Steph. Pl. 130.

   13. Contradictory judgment. By this term is understood, in the
state of  Louisiana, a  judgment which  has been  given after the
parties have been heard, either in support of their claims, or in
their defence.  Code of  Pract. art.  535;   11 L. R. 366, 569. A
judgment is called contradictory to distinguish it from one which
is rendered by default.

   14. Judgment  in covenant;  when for the plaintiff, is that he
recover  an  ascertained  sum  for  his  damages,  which  he  has
sustained by  reason of the breach or breaches of the defendant's
covenant, together  with costs  of suit.  1 Chitty's  Plead. 116,
117. When for the defendant, the judgment, is for costs.

  15. Judgment in the action of debt;  when for the plaintiff, is
that he recover his debt, and in general, nominal damages for the
detention thereof;   and  in cases  under the 8 and 9 Wm. III. c.
11, it is also awarded, that the plaintiff have execution for the
damages sustained  by the  breach of  a bond, conditioned for the
performance of  covenants;  and that plaintiff recover full costs
of suit. 1 Chitty's Pl. 108, 9.

   16. In  some penal  and other particular actions the plaintiff
does not,  however, always  recover costs. Espinasse on Pen. Act.
154:  Hull. on Costs, 200;  Bull. N. P. 333;  5 Johns. R. 251.

  17. When the judgment is for the defendant, it is generally for
costs. In  some penal actions, however, neither party can recover
costs, 5 Johns. R. 251.

          Bouvier's Law Dictionary : JK : Page 11 of 36

   18. Judgment by default, is a judgment rendered in consequence
of tho  non-appearance of  the defendant,  and is  either by  nil
dicit;   vide Judgment  by nil  dicit, or  by non sum informatus;
vide Judgment by non sum informatus.

   19. This  judgment is  interlocutory in  assumpsit,  covenant,
trespass, case, and replevin, where the sole object of the action
is damages;   but in debt, damages not being the principal object
of the  action, the plaintiff usually signs final judgment in the
first instance.  Vide Com.  Dig. Pleader,  B 11  and 12, E 42;  7
Vin. Ab. 429;  Doct. Pl. 208;  Grah. Pr, 631 Dane's Ab. Index, h.
t.;   3 Chit.  Pr. 671  to 680;   Tidd's Pr. 563;  1 Lillv's Reg.
585;  and article Default.

  20. Judgment in the action of detinue;  when for the plaintiff,
is in  the alternative,  that he  recover the goods, or the value
thereof, if  he cannot  have the goods themselves, and his damage
for the detention and costs. 1 Ch. Pl. l21, 2;  1 Dall. R. 458.

   2l. Judgment  in error,  is a  judgment rendered by a court ot
error, on  a record  sent  up,  from  an  inferior  court.  These
judgments are  of two kinds, of affirmance and reversal. When the
judgment is  for the  defendant  in  error,  whether  the  errors
assigned be in law or in fact, it is "that the former judgment be
affirmed, and stand in full force and effect, the said causes and
matters  assigned   for  error   notwithstanding,  and  that  the
defendant in  error recover  $____ for  his damages,  charges and
costs which  he hath  sustained," &c.  2 Tidd's  Pr. 1126;  Arch.
Forms, 221.  When it  is for the plaintiff in error, the judgment
is that  it be  reversed or  recalled. It  is to  be reversed for
error in  law, in  this form,  that it  be reversed, annulled and
altogether holden  for nought."  Arch. Forms,  224. For  error in
fact the, judgment is recalled, revocatur. 2 Tidd, Pr. 1126.

  22. A final judgment is one which puts an end to the suit.

   23. When the issue is one in fact, and is tried by a jury, the
jury at the time that they try the issue, assess the damages, and
the judgment  is final  in the  first instance,  and is  that the
plaintiff do recover the damages assessed.

   24. When  an interlocutory  judgment has  been rendered, and a
writ of  inquiry has  issued to  ascertain the  damages,  on  the
return of  the inquisition  the plaintiff  is entitled to a final
judgment, namely,  that he  recover  the  amount  of  damages  so
assessed. Steph. Pl. 127, 128.

   25. An interlocutory judgment, is one given in the course of a
cause, before  final judgment. When the action sounds in damages,
and the  issue is  an issue in law, or when any issue in fact not
tried by  a jury  is decided  in favor of the plaintiff, then the
judgment is  that the  plaintiff ought  to  recover  his  damages
without specifying their amount;  for, as there has been no trial
by  jury   in  the  case,  the  amount  of  damages  is  not  yet
ascertained. The judgment is then said to be interlocutory.

          Bouvier's Law Dictionary : JK : Page 12 of 36

   26. To  ascertain such  damages it  is the practice to issue a
writ of  inquiry. Steph. Pl. 127. When the action is founded on a
promissory note, bond, or other writing, or any other contract by
which the amount due may be readily computed, the practice is, in
some courts,  to refer  it to the prothonotary or clerk to assess
the damages.

   27. There  is one  species  of  interlocutory  judgment  which
establishes nothing but the inadequacy of the defence set up this
is the  judgment for  the plaintiff  on demurrer  to  a  plea  in
abatement, by  which it  appears that  the defendant has mistaken
the law  on a point which does not affect the merits of his case;
and it  being but  reasonable that  he should offer, if he can, a
further defence,  that judgment  is that  he do  answer over,  in
technical language, judgment of respondeat ouster. (q. v.) Steph.
Plead, 126;  Bac. Ab. Pleas, N. 4;  2 Arch. Pr. 3.

   28. Judgment  of nil  capiat per  breve or per billam. When an
issue arises  upon a  declaration or  peremptory plea,  and it is
decided in  favor of  the defendant, the judgment is, in general,
that, the plaintiff take nothing by his writ, (or bill,) and that
the defendant  go thereof  without day,  &c.  This  is  called  a
judgment of nil capiat per breve, or per billam. Steph. Pl. 128.

   29. Judgment by nil dicit, is one rendered against a defendant
for want of a plea. The plaintiff obtains a rule on the defendant
to plead  within a time specified, of which he serves a notice on
the defendant or his attorney;  if the defendant neglect to enter
a plea within the time specified, the plaintiff may sign judgment
against him.

   30. Judgment  of nolle prosequi, is a judgment entered against
the plaintiff,  where, after  appearance and  before judgment, he
says, "he  will not  further prosecute  his suit." Steph. Pl. 130
Lawes Civ. Pl. 166.

   31. Judgment of non obstante veredicto, is a judgment rendered
in favor of the plaintiff, without regard to the verdict obtained
by the defendant.

  32. The motion for such judgment is made where after a pleading
by the  defendant in confession and avoidance, as, for example, a
plea in bar, and issue joined thereon, and verdict found for, the
defendant, the  plaintiff on  retrospective  examination  of  the
record, conceives  that such plea was bad in substance, and might
have been  made the  subject of  demurrer on  that ground. If the
plea was  itself substantially bad in law, of course the verdict,
which merely  shows it  to be true in point of fact, cannot avail
to entitle  the defendant  to judgment;   while on the other hand
the plea being in confession and avoidance, involves a confession
of the  plaintiff's declaration,  and shows that he was entitled.
to maintain  his action. In such case, therefore, this court will
give judgment  for the  plaintiff, without regard to the verdict;
and this,  for the  reasons above explained, is called a judgment
upon confession.  Sometimes it may be expedient for the plaintiff
to move  for judgment  non obstante, &c., even though the verdict
be in his own favor;  for, if in such case as above described, he

          Bouvier's Law Dictionary : JK : Page 13 of 36

takes judgment  as upon  the verdict, it seems that such judgment
would be  erroneous, and  that the only safe course is to take it
as upon  confession. 1  Wils. 63;  Cro. Eliz, 778 2 Roll. Ab. 99.
See also,  Cro. Eliz.  2 1  4 6 Mod. 1 0;  Str. 394;  1 Ld. Raym.
641;   8 Taunt. 413;  Rast. Ent. 622;  1 Wend. 307;  2 Wend. 624;
5 Wend.  513;   4 Wend.  468;   6 Cowen,  R. 225.  See this Dict.
Repleader, for  the difference between a repleader and a judgment
non obstante veredicto.

   33. Judgment  by non sum informatus, is one which is rendered,
when instead of entering a plea, the defendant's attorney says he
is not  informed of  any answer to be given to the action. Steph.
Pl. 130.

   34. Judgment of non pros. (from non prosequitur,) is one given
against  the   plaintiff,  in  any  class  of  actions,  for  not
declaring, or replying, or surrejoining, &c., or for not entering
the issue.

    35.  Judgment  of  nonsuit,  Practice,  is  one  against  the
plaintiff, which  happens when,  on trial by jury, the plaintiff,
on being called or demanded, at the instance of the defendant, to
be present  while the  jury give their verdict, fails to make his

   36. In  this case,  no verdict  is given,  but the judgment of
nonsuit passes  against the  plaintiff. So  if,  after  issue  be
joined, the  plaintiff neglect to bring such issue on to be tried
in due  time, as  limited by  the practice  of the  court, in the
particular case, judgment will be also given against him for this
default;  and it is called judgment as in case of nonsuit. Stepb.
Pl. 131.

   37. After  suffering a  nonsuit, the  plaintiff  may  commence
another action  for the  same cause  for which the first had been

   38. In  some cases,  plaintiffs having obtained information in
what manner  the jury had agreed upon their verdict before it was
delivered in  court, have,  when the  jury were  ready to give in
such verdict  against them, suffered a nonsuit for the purpose of
commencing another action and obtaining another trial. To prevent
this abuse, the legislature of Pennsylvania have provided, by the
Act of  March 28,  1814, 6:Reed's  L. 208,  that "whenever on the
trial of  any cause,  the jury  shall be  ready to  give in their
verdict, the  plaintiff shall not be called, nor shall he then be
permitted to suffer a nonsuit."

   39. Judgment  quod computet.  The  name  of  an  interlocutory
judgment in  an action  of account  render that  the defendant do
account, quod  computet. Vide  4 Wash.  C. C. R. 84;  2 Watts, R.
95;  1 Penn. R. 138.

   40. Judgment  quod recuperet. When an issue in law, other than
one arising  on a  dilatory plea, or an issue in fact, is decided
in favor of the plaintiff, the judgment is, that the plaintiff do
recover, which  is called  a judgment  guod recuperet. Steph. Pl.

          Bouvier's Law Dictionary : JK : Page 14 of 36

126;   Com. Dig.  Abatement, I  14, I  15;   2 Arch.  Pr. 3. This
judgment is of two kinds, namely, interlocutory or final.

   41. Judgment  in replevin,  is either  for  the  plaintiff  or

   42. - §1. For the plaintiff. 1. When the declaration is in the
detinuit,  that  is,  where  the  plaintiff  declares,  that  the
chattels "were  detained until  replevied by  the  sheriff,"  the
judgment is  that he recover the damages assessed by the jury for
the taking  and unjust  detention, or  for the latter only, where
the former  was justifiable,  as also his costs. 5 Serg. & Rawle,
133 Ham. N. P. 488.

   43. - 2. If the replevin is in the detinet, that is, where the
plaintiff declares  that the  chattels taken are " yet detained,"
the jury  must find,  'in addition to the above, the value of the
chattels, (assuming that they are still detained,) not in a gross
sum, but each separate article;  for tho defendant, perhaps, will
restore some, in which case the plaintiff is to recover the value
of the remainder. Ham. N. P. 489;  Fitz. N. B. 159, b;  5 Serg. &
Rawle, 130.

   44. - §2. For the defendant. 1. If the replevin be abated, the
judgment is,  that  the  writ  or  plaint  abate,  and  that  the
defendant (having avowed) have a return of the chattels.

   46. - 2. When the plaintiff is nonsuited) the judgment for the
defendant, at  common law,  is, that  the chattels be restored to
him, and  this without  his first assigning the purpose for which
they were  taken, because,  by abandoning his suit, the plaintiff
admits that  he had  no right  to  dispossess  the  defendant  by
prosecuting the  replevin. The form of this judgment. is simply "
to  have  a  return,  "  without  adding  the  words  "  to  hold
irreplevisable." Ham. N. P. 490.

   46. As to the form of judgments in cases of nonsuit, under the
21 Hen.  VIII. c.  19, and  17 Car. II. c. 7, see Ham. N. P. 490,
491;   2 Ch.  Pleacd. 161;   8  Wentw. Pl. 116;  5 Serg. & Rawle,
132;  1 Saund. 195, n. 3;  2 Saund. 286, n. 5. It is still in the
defendant's option  in these  cases, to  take  his  judgment  pro
retorno habendo at common law. 5 Serg. & Rawle, 132;  1 Lev. 265;
3 T. R. 349.

  47. - 3. When tho avowant succeeds upon the merits of his case,
the common law judgment is, that he "have return irreplevisable,"
for it  is apparent that he is by law entitled to keep possession
of the goods. 5 Serg. & Rawle, 135;  Ham. N. P. 493;  1 Chit. Pl.
162. For the form of judgments in favor of the avowant, under the
last mentioned statutes, gee Ham. N. P. 494-5.

   48. Judgment  of respondeat  ouster. When there is an issue in
law, arising  on a  dilatory plea,  and it is decided in favor of
the plaintiff,  the judgment  is only  that the  defendant answer
over, which  is called  a  judgment  of  respondeat  ouster.  The
pleading is  accordingly resumed, and the action proceeds. Steph.
Pl. 126;  see Bac. Abr. Pleas, N 4;  2 Arch. Pr. 3.

          Bouvier's Law Dictionary : JK : Page 15 of 36

   49. Judgment  of retraxit,  is one where, after appearance and
before judgment,  the, plaintiff  enters upon  the record that he
"withdraws his suit;" in such case judgment is given against him.
Stepb. Pl. 130.

   50. Judgment in an action on trespass, when for the plaintiff,
is, that  he recover  the damages  assessed by  the jury, and the
costs. For the defendant, that he recover the costs.

   51. Judgment  in action  on the  case for trover, when for the
plaintiff, is,  that he recover damages and costs. 1 Ch. Pl. 157,
For the defendant, the judgment is, that he recover his costs.

   52. Judgment  of capiatur.  At common law, on conviction, in a
civil action, of a forcible wrong, alleged to have been committed
vi et  armis, &c., the defendant was obliged to pay a fine to the
king, for  the breach  of the  peace implied  in the  act, and  a
judgment of  capiatur pro  fine was  rendered against  him, under
which he  was liable to be arrested, and imprisoned till the fine
was paid.  But by  the 5  W. & M. c. 12, the judgment of capiatur
pro fine was abolished. Gould on Pl. §38, 82;  Bac. Ab. Fines and
Amercements, C  1;  1 Ld. Raym. 273, 4;  Style, 346. See Judgment
of misericordia, 53. Judgment of misericordia. At common law, the
party to,  a suit who did not prevail was punished for his unjust
vexation, and  therefore judgment was given against him, quod sit
in misericordia pro falso clamore. Hence, when the plaintiff sued
out  a   writ,  the  sheriff  was  obliged  to  take  pledges  of
prosecution  before   he  returned   it,  which  when  fines  and
amercements were considerable, were real and responsible persons,
and answerable  for those  amercements;   but now  they are never
levied, and  the pledges  are merely formal, namely, John Doe and
Richard Roe. Bac. Ab. Fines, &c., C 1 1 Lord Ray. 273, 4.

  54. In actions where the judgment was against the defendant, it
was entered  at common  law, with  a misericordia  or a capiatur.
With a  misericordia in  actions on contracts, with a capiatur in
actions of  trespass, or  other forcible  wrong, alleged  to have
been committed  vi et  armis. See Judgment of capiatur;  Gould on
Pl. c. 4, §§38, 82, 83.

   55. Judgment  quod partitio  fiat, is a judgment, in a writ of
partition, that partition be made;  this is not a final judgment.
The final  judgment is,  quod partitio facta firma et stabilis in
perpetuum teneatur. Co. Litt. 169;  2 Bl. Rep. 1159.

   56. Judgment  quod partes  replacitent. The name of a judgment
given when the court award a repleader.

   57. When issue is joined on an immaterial point, or a point on
which the  court cannot  give a  judgment determining  the right,
they award  a repleader  or judgment quod partes replacitent. See
Bac. Ab.  Pleas, &c.,  M;   3 Hayw.  159;   Peck's R.  325.  See,
generally, Bouv. Inst. Index, h. t.

   JUDGMENT, ARREST OF, practice. This takes place when the court
withhold judgment  from the plaintiff on the ground that there is

          Bouvier's Law Dictionary : JK : Page 16 of 36

some error  appearing on  the face  of the record, which vitiates
the proceedings.  In consequence  of such error, on whatever part
of the  record it may arise, from the commencement of the suit to
the time when the motion in arrest of judgment is made, the court
are bound to arrest the judgment.

   2. It is, however, only with respect to objections apparent on
the record,  that such  motions can  be  made.  They  cannot,  in
general, be  made in  respect  to  formal  objections.  This  was
formerly otherwise,  and judgments  were constantly  arrested for
matters of mere form;  3 Bl. Corn. 407;  2 Reeves, 448;  but this
abuse has  been long  remedied  by  certain  statutes  passed  at
different periods, called the statutes of amendment and jeofails,
by the  effect of  which, judgments,  cannot, in  general, now be
arrested for  any objection  of form.  Steph. Pl. 117;  see 3 Bl.
Com. 393;  21 Vin. Ab. 457;  1 Sell. Pr. 496.

   JUDGMENT POLL,  Eng. law. A record made of the issue roll, (q.
v.) which,  after final  judgment has  been given  in the  cause,
assumes this name. Steph. Pl. 133. Vide Issue Roll.

   JUDICATURE. 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
sometimes it  is employed to show the extent of jurisdiction, as,
the judicature  is upon writs of error, &c. Com. Dig. Parliament,
L 1;  and see Com. Dig. Courts, A.

   JUDICES PEDANEOS.  Among the  Romans, the  praetors, and other
great magistrates,  did not  themselves decide  the actions which
arose between  private individuals these were submitted to judges
chosen by  the parties,  and these  judges  were  called  judices
pedaneos. In  choosing them,  the  plaintiff  had  the  right  to
nominate, and  the defendant to accept or reject those nominated.
Heinnee. Antiq. lib. 4, tit. b, n. 40 7 Toull. n. 353.

  JUDICIAL. Belonging, or emanating from a judge, as such.

   2. Judicial  sales, are  such as  are ordered by virtue of the
process of  courts. 1  Supp. to  Ves. jr., 129, 160;  2 Ves. jr.,

   3. A judicial writ is one issued in the progress of the cause,
in contradistinction to an original writ. 3 Bl. Com. 282.

   4. Judicial  decisions, are  the opinions or determinations of
the judges  in causes before them. Hale, H. C. L. 68;  Willes' R.
666;  3 Barn. & Ald. 122 4 Barn. & Adol. 207 1 H. B1. 63;  5 M. &
S. 185.

   5. Judicial  power, the  authority vested  in the  judges. The
constitution of  the United  States declares,  that "the judicial
power of  the United States shall be vested in one supreme court,
and in  such inferior  courts as  the congress  may, from time to
time,  ordain   and  establish."   Art.  3,   s.  1.  6.  By  the
constitutions of the several states, the judicial power is vested
in such  courts as  are enumerated  in each respectively. See the

          Bouvier's Law Dictionary : JK : Page 17 of 36

names  Of,   the  several   states.  There   is  nothing  in  the
constitution of  the United  States  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. 386;   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, It.  116;   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;  5 N. S. 519;  1 L. R. 438 7 M. R. 325;  9 M.
R. 204;  10 M. R. 1.

   JUDICIAL ADMISSIONS. Those which are generally made in writing
in court  by the  attorney of  the party;   they  appear upon the
record, as in the pleadings and the like.

   JUDICIAL CONFESSIONS,  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 lawfully  authorized, pursuant  to a  statute, or  the
plea of  guilty,  made  in  open  court  to  an  indictment,  are
sufficient to found a conviction upon them.

  JUDICIAL CONVENTIONS. 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 N. S. 494.

   JUDICIAL MORTGAGE. In Louisiana, it is 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 them. Civ. Code of Lo. art. 3289.

   JUDICIAL SALE. A sale by authority of some competent tribunal,
by an officer authorized by law for the purpose.

   2. 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.

   JUDICIAL WRITS,  Eng. practice. The capias and all other writs
subsequent 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    called    judicial    writs,    in
contradistinction to the writs issued out of chancery, which were
called original writs. 3 Bl. Com. 282.

  JUDICIARY. That which is done while administering justice;  the

          Bouvier's Law Dictionary : JK : Page 18 of 36

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. 3 8.

   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.

   JUICIO DE  CONCURSO. This  term is  Spanish, and  is  used  in
Louisiana. It is the name of an action brought for the purpose of
making a  distribution of  an insolvent's estate. It differs from
all other  actions in  this important  particular, that  all  the
parties to  it except  the insolvent,  are at once plaintiffs and
defendant. Each creditor is plaintiff against the failing debtor,
to recover  the amount  due by him, and against the co-creditors,
to diminish  the amount they demand from his estate, and each is,
of necessity,  defendant against the opposition made by the other
creditors against  his demand.  From the  peculiar  situation  in
which the  parties are  thus placed,  many distinct  and separate
suits arise, and are decided during the pendancy of the main one,
by the  insolvent in  which they  originate. 4 N. S. 601, 3 Harr.
Cond. Lo. R. 409.

  JUNIOR. Younger.

   2. 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 10 Paige, 170;  1 Pick.
R. 388;  7 John . It. 549;  2 Caines, 164 1 Pick. 388 15 Pick. 7;
17 Pick. 200 3 Metc. 330.

   3. Any  matter that distinguishes persons renders the addition
of junior or senior unnecessary. 1 Mod. Ent. 35;  Salk. 7. But if
father and  son have  both the  same name,  the father  shall be,
prima facie,  intended, if  junior be  not added,  or some  other
matter of distinction. Salk, 7;  6 Rep. 20 11 Rep. 39;  Hob. 330.
If father and son have the same name and addition, and the former
sue the  latter, the  writ is  abateable unless  the son have the
further addition  of junior, or the younger. But if the father be
the defendant  and the son the plaintiff, there is no need of the
further addition  of senior,  or the  elder, to  the name  of the
father. 2 Hawk. 187;  Laws of Women, 380.

   JUNIPERUS SABINA,  med. jur.  This plant  is  commonly  called

   2. 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 foetus. It was, however, near taking the life of
the girl.  Fodere, tome  iv. p.  431. Given in sufficiently large
doses, four or six grains in the form of powder, kills a dog in a

          Bouvier's Law Dictionary : JK : Page 19 of 36

few hours,  and even  its insertion  into a  wound has  tho  same
effect. Orfila,  Traite des  Poisons, tome  iii. p.  42. For or a
form of indictment for administering savine to a woman quick with
child, see 3 Chit. Cr. Law, 798. Vide 1 Beck's Med. Jur. 316,

   JURA PERSONARUM.  The rights  and duties  of  persons  are  so

   JURA RERUM.  The rights which a man may acquire in and to such
external things  as are  unconnected with. his person, are called
jura rerum. 2 Bl. Com. 1.

  JURA SUMMA IMPERII. Rights of sovereignty or supreme dominion.

   JURAMENTAE CORPORALIA.  Corporal oaths.  These  oaths  are  so
called, because  the party  making oath  must touch the Bible, or
other thing by which he swears.

   JURAMENTUM JUDICIALE. A term in the civil law. The oath called
juramentum judiciale  is that which the judge, of his wwn accord,
defers to either of the parties.

  2. 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  judiciale, and  is sometimes  called  suppletory
oath, juramentum suppletorium.

   3. -  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, s. 3, art. 3.

   JURAT Practice.  That part  of an  affidavit where the officer
certifies that the same was "sworn" before him.

   2. 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."

   3. 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.

   JURATA. 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 ____, 10 __." 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. IV. Stat. 2 & 3 Ed. VI. c. 30;  13 Ed. I., c. 26.

   JURE. By  law;  by right;  in right;  as, jure civilis, by the
civil  law;    jure  gentium,  by  the  law  of  nations;    jure

          Bouvier's Law Dictionary : JK : Page 20 of 36

representationis, by  right of  representation;   jure uxoris, in
right of a wife.

  JURIDICAL. Signifies used in courts of law;  done in conformity
to the  laws of  the country,  and the  practice which  is  there

   JURIDICAL DAYS.  Dies juridici. Days in court on which the law
is administered.

   JURIS ET  DE JURE.  A phrase  employed  to  denote  conclusive
presumptions of  law, which  cannot be  rebutted by evidence. The
words signify of law and from law. Best on Presumption, §17.

  JURISCONSULT. One well versed in jurisprudence;  a jurist:  one
whose profession it is to give counsel on questions of law.

  JURISDICTION, Practice. A power constitutionally conferred upon
a judge  or magistrate,  to take cognizance of, and decide causes
according to  law, and  to carry  his sentence  into execution. 6
Pet. 591;   9  John. 239.  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.

   2. 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.

   3. 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.
Jurisdiction  is   also  concurrent,   exclusive,  or  assistant.
Concurrent jurisdiction  is that  which  may  be  entertained  by
several courts.  It  is  a  rule  that  in  cases  of  concurrent
jurisdictions, that  which is  first seized of the case shall try
it to  the exclusion of the other. Exclusive jurisdiction is that
which has  alone the  power to try or determine the Suit, action,
or matter  in dispute.  assistant jurisdiction  is that  which is
afforded by  a court  of chancery, in aid of a court of law;  as,
for example,  by a  bill of  discovery,  by  the  examination  of
witnesses de  bene esse, or out of the jurisdiction of the court;
by the perpetuation of the testimony of witnesses, and the like.

   4. It  is the  law which  gives jurisdiction;  the consent of,
parties, cannot,  therefore, confer it, in a matter which the law
excludes. 1  N. &  M. 192;   3 M'Cord, 280;  1 Call. 55;  1 J. S.
Marsh. 476;   1  Bibb, 263;  Cooke, 27;  Minor, 65;  3 Litt. 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

          Bouvier's Law Dictionary : JK : Page 21 of 36

the defendant  has some  privilege which  exempts  him  from  the
jurisdiction, he  may wave  the privilege. 5 Cranch, 288;  1 Pet.
449;   8 Wheat.  699;   4 W. C. C. R. 84;  4 M'Cord, 79;  4 Mass.
593;  Wright, 484. See Hardin, 448;  2 Wash. 213.

   5. Courts  of inferior  jurisdiction  must  act  within  their
jurisdiction, and  so it  must appear  upon the record. 5 Cranch,
172 Pet. C. C. R. 36;  4 Dall. 11;  2 Mass. 213;  4 Mass. 122;  8
Mass. 86;   11  Mass. 513;   Pr. Dec. 380;  2 Verm. 329;  3 Verm.
114;   10 Conn.  514;  4 John. 292;  3 Yerg. 355;  Walker, 75;  9
Cowen, 227;   5  Har. & John. 36;  1 Bailey, 459;  2 Bailey, 267.
But the  legislature may,  by a  general or  special law, provide
otherwise. Pet.  C. C. R. 36. Vide 1 Salk. 414;  Bac. Ab. Courts,
&c., C. D;  Id. Prerogative, E 6;  Merlin, Rep. h. t.;  Ayl. Pat.
317, and  the art.  Competency. As  to the force of municipal law
beyond the  territorial jurisdiction  of the  state,  see  Wheat.
Intern. Law,  part a,  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. See generally, Bouv. Inst. Index, h. t.

   JURISDICTION CLAUSE.  That part of a bill in chancery which is
intended to  give jnrisdiction  of the  suit to,  the court, by a
general averment  that the'  acts complained  of are  contrary to
equity, and tend to the injury of the plaintiff, and that. he has
no remedy,  or not a complete remedy, without the assistance of a
court of equity, is called the jurisdiction clause. Mitf. Eq. Pl.
by Jeremy, 43.

  2. This clause is unnecessary, for if the court appear from the
bill, to  have jurisdiction,  the bill  will be sustained without
this clause;   and  if the  court have not jurisdiction, the bill
will be  dismissed though  the clause may be inserted. Story, Eq.
Pl. §34.

   JURISPRUDENCE. The  science of  the law.  By science  here, is
understood  that   connexion  of   truths  which  is  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  making a just application of them to all cases as they
arise. In  this sense,  it is  the  habit  of  judging  the  same
questions 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 i's
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.

   2. 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.

          Bouvier's Law Dictionary : JK : Page 22 of 36

   JURY. A body of men selected according to law, for the purpose
of deciding some controversy.

   2. 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.
50, 61. In the old French law they are called inquests or tourbes
of ten men. 2 Loisel's Instit. 238, 246, 248.

  3. 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, impanneled 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.
 4.  Each one of the citizens so impanneled and sworn is called a
juror. Vide Trial.

   5. 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.

   6. It is scarcely practicable to give the rules established in
the different  states  to  secure  impartial  juries;    it  may,
however, be  stated that in all, the selection of persons who are
to serve  on the jury is made by disinterested officers, and that
out of -the lists thus made out, the jurors are selected by lot.

   JURY BOX.  A place set apart for the jury to sit in during the
trial of a cause.

  JURY LIST. A paper containing the names of jurors impanneled to
try a  cause, or it contains the names of all the jurors summoned
to attend court.

  JUS. Law or right. This term is applied in many modern phrases.
It is  also used  to signify  equity. Story, Eq. Jur. §1;  Bract,
lib. 1, c. 4, p. 3;  Tayl. Civ. Law, 147;  Dig. 1, 1, 1.

   2. The  English law,  like the Roman, has its jus antiquum and
jus novum  and jus  novissimum. The  jus novum may be supposed to
have taken its origin about the end of the reign of Henry VII. A.
D. 1509.  It assumed  a regular form towards the end of the reign
of Charles  II.  A.  D.  1685,  and  from  that  period  the  jus
novissimum may  be dated.  Lord Coke, who was born 40 years after
the death  of Henry VII. is most advantageously considered as the
connecting link of the jus antiquum and jus novissimum of English
law. Butler's Remin.

   JUS ABUTENDI. The right to abuse. By this phrase is understood
the right  to  abuse  property,  or  having  full  dominion  over
property. 3 Toull. n. 86.

          Bouvier's Law Dictionary : JK : Page 23 of 36

   JUS ACCRESCENDI. The right of survivorship.

   2. 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.  In Louisiana,  this right  was  never
recognized. See  11 Serg.  & R. 192;  2 Caines, Cas. Err. 326;  3
Verm. 543;   6  Monr. R.  15;  Estate in common;  Estate in joint

   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.  506;   2 Story,  Eq. Jur. §1215;  Story, Ag. §352;  and
Jus in re.

   JUS AQUAEDUCTUS, CIV. law. The name of a servitude which Lives
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.

   2. 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, l.
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 CIVILE.  Among the Romans by jus civile was understood the
civil law,  in  contradistinction  to  the  public  law,  or  jus
gentium. 1 Savigny, Dr. Rom. c. 1, §1.

   JUS CIVITATIS.  Among the  Romans the collection of laws which
are to  be observed  among all  the members  of a  nation were so
called. It  is opposed  to jus  gentium, which  is the  law which
regulates the  affairs of nations among themselves. 2 Lepage, El.
du Dr. ch. 5, page l.

   JUS CLOACAE, civil law. The name of a servitude which requires
the paity who is subject to it, to permit his neighbor to conduct
the waters  which fall  on his grounds over those of the servient

          Bouvier's Law Dictionary : JK : Page 24 of 36

   JUS DARE.  To give or to make the law. Jus dare belongs to the
legislature;  jus dicere to the judge.

   JUS DICERE.  To declare  the law. This word is used to explain
the power  which the  court has  to expound  the law;  and not to
make it, jus dare.

   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.
 2.  In Louisiana he is allowed ten days before he is required to
make his election. Civ. Code, art. 1028.

  JUS DISPONENDI. The right to dispose of a thing.

   JUS DUPLICATUM, property, title. When a man has the possession
as well  as the property of anything, he is said to have a double
right, jus duplicatum. Bract. 1. 4, tr. 4, c. 4 2 Bl. Com. 199.

    JUS  FECIALE.  Among  the  Romans  it  was  that  species  of
international law  which had  its  foundation  in  the  religious
belief of  different nations, such as the international law which
now exists  among the  Christian people  of Europe. Sav. Dr. Rom.
ch. 2,

   JUS FIDUCIARUM, Civil law. A right to something held in trust;
for this there was a remedy in conscience. 2 Bl. Com. 328.

   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.

  2. Some modern writers have made a distinction between the laws
of nations  which have for their object the conflict between. the
laws of  different nations, which they call jus gentium privatum,
or private  international law;   and  those laws of nations which
regulate those  matters which  nations, as  such, have  with each
other, which  is de  nominated jus  gentium publicum,  or  public
international law. Foelix, Droit Interm. Prive, n. 14.

  JUS GLADII. Supreme jurisdiction. The right to absolve from, or
condemn a man to death.

  JUS HABENDI. The right to have and enjoy a thing.

   JUS INCOGNITUM.  An unknown  law. This  term is applied by the
civilians to  obsolete laws,  which, as Bacon truly observes, are
unjust, for  the law  to be  just must  give  warning  before  it
strikes. Bac. Aphor. 8, s. 1:  Bowy. Mod. Civ. Law, 33. But until
it has  become obsolete  no custom  can prevail  against it. Vide

   JUS LEGITIMUM,  civil law. A legal right which might have been
enforced by due course of law.. 2 Bl. Com. 328.

          Bouvier's Law Dictionary : JK : Page 25 of 36

  JUS MARITI, Scotch law. The right of the hushand to administer,
during the  marriage, his  wife's goods  and  the  rents  of  her
 2.  In the common law, by jus mariti is understood the rights of
the hushand;   as, jus mariti cannot attach upon a bequest to the
wife, although  given during  coverture, until  the executor  has
assented to the legacy. 1 Bail. Eq. R. 214.

   JUS MERUM.  A simple  or bare  right;   a right to property in
land, without possession, or the right of possession.

   JUS PATRONATUS,  eccl. law.  A  commission  from  the  bishop,
directed usually  to  his  chancellor  and  others  of  competent
learning, who  are required  to summon  a jury  composed  of  six
clergymen and  six laymen, to inquire into and examine who is the
rightful patron. 3 Bl. Com. 246.

  JUS PERSONARUM. The right of persons.

   2. A  branch of  the law  which embraces  the  theory  of  the
different classes  of men  who exist  in a  state which  has been
formed by  nature or  by society;   it  includes particularly the
theory of  the ties of families, and the legal form and juridical
effects of  the relations subsisting between 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 PRECARIUM, civil law. A right to a thing held for another,
for which there was no remedy. 2 Bl. Com. 328.

   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, 1 Dig. 8,
2, 25;  Dig. 8, 5, 8, 5.

   JUS QUAESITUM.  A right to ask or recover;  for example, in an
obligation there is a binding of the obligor, and a jus quaesitum
in the obligee. 1 Bell's Com. 323, 5th ed.

   JUS IN  RE, property,  title. 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 Dora. de Prop. n. 1.

  2. This phrase of the civil law conveys the same idea as thing,

          Bouvier's Law Dictionary : JK : Page 26 of 36

in possession  does with  us. 4  Wooddes. Lect.  235;   vide 2 P.
Wins. 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.  The right  of  a  wife,  after  her
hushand'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.  Its principal  object is to
ascertain how  far a  person can  have a  permanent dominion over
things, and how that dominion is acquired. Vide Bl. Com. Book 2.

   JUS STRICTUM.  A Latin phrase, which signifies law interpreted
without any modification, and in its utmost rigor.

   JUS UTENDI.  The right to use property, without destroying its
substance.  It  is  employed  in  contradistinction  to  the  jus
abutendi. (q. v.) 3 Toull. n. 86.

  JUST. This epithet is applied to that which agrees with a given
law which  is the  test of  right and  wrong. 1 Toull. prel. n. 5
Aust. Jur.  276, n.  It is  that which  accords with  the perfect
rights of  others. Wolff,  Inst. §83;  Swinb. part 1, s. 2, n. 5,
and part  1, §4,  n. 3.  By just  is  also  understood  full  and
perfect, as a just weight Swinb. part 1, s. 3, U. 5.

  JUSTICE. 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 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.

   2. Justice is either distributive or commutative. Distributive
justice is  that virtue whose object is to distribute rewards and
punishments to each one according to his merits, observing a just
proportion by  comparing one person or 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.

   3. 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.

   4. Toullier  exposes the want of utility and exactness in this
division of  distributive and commutative justice, adopted in the
compendium or abridgments of the ancient doctors, and prefers the
division of  internal and  external justice;   the  first being a
conformity of  our will,  and the  latter  a  conformity  of  our

          Bouvier's Law Dictionary : JK : Page 27 of 36

actions to the law:  their union making perfect justice. Exterior
justice is  the object of jurisprudence;  interior justice is the
object of morality. Dr. Civ. Fr. tit. prel. n. 6 et 7.

   5. According  to the Frederician code, part 1, book 1, tit. 2,
s. 27,  justice consists  simply in  letting every  one enjoy the
rights which  he has  acquired in virtue of the laws. And as this
definition includes  all the  other  rules  of  right,  there  is
properly but one single general rule of right, namely, Give every
one his  own. See, generally, Puffend. Law of Nature and Nations,
B. 1, c. 7, s. 89;  Elementorum Jurisprudentiae Universalis, lib.
1, definito, 17, 3, 1;  Gro. lib. 2, c. 11, s. 3;  Ld. Bac. Read.
Stat. Uses, 306;  Treatise of Equity, B. 1, c. 1, s. 1.

   JUSTICES. Judges.  Officers appointed by a competent authority
to administer  justice. They  are so  called, because, in ancient
times the  Latin word  for judge  was justicia.  This term  is in
common parlance used to designate justices of the peace.

   JUSTICES IN  EYRE. They were certain judges established if not
first appointed, A. D. 1176, 22 Hen. II. England was divided into
certain  circuits,  and  three  justices  in  eyre,  or  justices
itinerant, as  they were sometimes called, were appointed to each
district, and made the circuit of the kingdom once in seven years
for the  purpose of  trying causes. They were afterwards directed
by Magna Charta, c. 12, to be sent into every county once a year.
The itinerant  justices were sometimes mere justices of assize or
dower, or  of general  gaol delivery,  and the  like. 3  Bl. Com.
58-9;  Crabb's Eng. Law, 103-4. Vide Eire.

   JUSTICES OF  THE PEACE. Public officers invested with judicial
powers for  the purpose  of preventing breaches of the peace, and
bringing to punishment those who have violated the law.

   2. These officers, under the Constitution of the United States
and some of the states, are appointed by the executive in others,
they  are   elected  by  the  people,  and  commissioned  by  the
executive. In  some states  they hold  their office  during  good
behaviour, in others for a limited period.

   3. At common law, justices of the peace have a double power in
relation to  the arrest  of wrong doers;  when a felony or breach
of the  peace has  been committed  in their  presence,  they  may
personally arrest  the offender, or command others to do so;  and
in order  to prevent  the riotous  consequences of  a  tumultuous
assembly, they  may command  others to arrest affrayers, when the
affray has  been committed  in their presence. If a magistrate be
not present  when a crime is committed, before he can take a step
to arrest  the offender,  an oath  or affirmation must be made by
some person  cognizant of  the fact  that the  offence  has  been
committed, and  that the person charged is the offender, or there
is probable cause to believe that he has committed the offence.

   4. The  Constitution of  the United  States directs,  that "no
warrants shall  issue, but upon probable cause, supported by oath
or affirmation." Amendm. IV. After his arrest, the person charged
is brought  before the justice of the peace, and after bearing he

          Bouvier's Law Dictionary : JK : Page 28 of 36

is discharged,  held to  bail to answer to the complaint, or, for
want of bail, committed to prison.

   5. In  some, perhaps  all the  United States,  justices of the
peace have  jurisdiction in  civil cases,  given to them by local
regulations. In  Pennsylvania, their  jurisdiction  in  cases  of
contracts, express  or implied,  extends to  one hundred dollars.
Vide, generally, Burn's Justice;  Graydon's Justice Baches Manual
of a  Justice of the Peace Com. Dig. h. t.;  15 Vin. Ab. 3;  Bac.
Ab. h.  t.;   2 Sell. Pr. 70;  2 Phil. Ev. 239;  Chit. Pr. h. t.;
Amer. Dig. h. t.

   JUSTICIAR, or  JUSTICIER. A  judge, or  justice  the  same  as

  JUSTICIARII ITINERANTES, Eng. law. They were formerly justices,
who were  so called  because they  went from  county to county to
administer justice.  They were  usually called  justices in eyre,
(q.  v.)   to  distinguish   them  from   justices  residing   at
Westminster, who  were called justicii residentes. Co. Litt. 293.
Vide Itinerant.

  JUSTICIARII RESIDENTES, Eng. law. They were justices or judges,
who usually  resided in  Westminster;   they were  so  called  to
distinguish them  from justices  in eyre.  Co.  Litt.  293.  Vide
Justiciarii Itinerantes.

  JUSTICIARY, officer. Another name for a judge. In Latin, he was
called justiciciarius,  and in  French, justicier. Not used. Bac.
Ab. Courts and their Jurisdiction, A.

  JUSTICIES, Eng. law. The name of a writ which acquires its name
from the  mandatory words  which it  contains, "that  you do  A B

  2. The county court has jurisdiction in cases where damages are
claimed, only  to a  certain amount;   but  sometimes  suits  are
brought there,  when greater  damages are claimed. In such cases,
an original  writ, by this name, issues out of chancery, in order
to give the court jurisdiction. See 1 Saund. 74, n. 1.

    JUSTIFIABLE  HOMICIDE.  That  which  is  committed  with  the
intention to  kill, or  to do  a grievous  bodily  injury,  under
circumstances which  the law  holds sufficient  to exculpate  the
person who commits it.

   2. It is justifiable, 1. When a judge or other magistrate acts
in obedience  to the  law. 2.  When a ministerial officer acts in
obedience to a lawful warrant, issued by a competent tribunal. 3.
When a  subaltern officer,  or soldier, kills in obedience to the
lawful commands  of his  superior. 4.  When the  party  kills  in
lawful self-defence.

   3. -  §1. A  judge who,  in pursuance  of his duty, pronounces
sentence of death, is not guilty of homicide;  for it is evident,
that as  the law  prescribes the  punishment of death for certain
offences, it  must protect  those  who  are  entrusted  with  its

          Bouvier's Law Dictionary : JK : Page 29 of 36

execution. A  judge, therefore, who pronounces sentence of death,
in a  legal manner, on a legal indictment, legally brought before
him, for  a capital  offence committed  within his  jurisdiction,
after a  lawful trial and conviction, of the defendant, is guilty
of no offence.

   4. -  2. Magistrates,  or other  officers entrusted  with  the
preservation of  the public  peace, are  justified in  committing
homicide, or giving orders which lead to it, if the excesses of a
riotous assembly cannot be otherwise be repressed.

   5 - §2. An officer entrusted with a legal warrant, criminal or
civil, and lawffully commanded by a competent tribunal to execute
it, will  be justified  in committing homicide, if, in the course
of advancing  to discharge  his duty,  he be  brought  into  such
perils that, without doing so, he cannot either save his life, or
discharge the  duty which  he is  commanded  by  the  warrant  to
perform. And  when the  warrant commands him to put a criminal to
death, he is justified in obeying it.

  6. - §3. A soldier on duty is justified in committing homicide,
in obedience  to the  command of  his officer, unless the command
was something plainly unlawful.

  7. - §4. A private individual will, in many cases, be justified
in  committing   homicide,  while  acting  in  self-defence.  See
Self-defence. Vide, generally, 1 East, P. C. 219;  Hawk. B. 1, c.
28, s.  1, n.  22;   Allis. Prin.  126-139;   1 Russ. on Cr. 538;
Bac. Ab.  Murder, &c.,  E;   2 Wash.  C. C. 515;  4 Mass. 891;  1
Hawkes, 210;  1 Coxes R. 424;  5 Yerg. 459;  9 C. & P. 22;  S. C.
38 Eng. C. L. R. 20.

   JUSTIFICATION. The  act by  which a  party accused  shows  and
maintains a  good and legal reason in court, why he did the thing
he is called upon to answer.

   2. The  subject will  be considered by examining, 1. What acts
are justifiable.  2. The  manner of  making the justification. 3.
Its effects.

   3. -  §1. The  acts to be justified are those committed with a
warrant, and  those committed  without a  warrant.  1.  It  is  a
general rule,  that a  warrant or  execution, issued  by a  court
haviug  jurisdiction,   whether  the  same  be  right  or  wrong,
justifies the  officer to  whom it  is directed and who is by law
required to  execute it,  and is  a complete justification to the
officer for  obeying its  command. But  when the  warrant is  not
merely  voidable,  but  is  absolutely  void,  as,  for  want  of
jurisdiction in  the court  which issued  it, or by reason of the
privilege of  the defendant,  as in  the case of the arrest of an
ambassador, who  cannot waive  his privilege  and  immunities  by
submitting to  be arrested  on such  warrant, the  officer is  no
longer justified.  1 Baldw. 240;  see 4 Mass. 232;  13 Mass. 286,
334;   14 Mass.  210. 2.  A person  may justify  many acts, while
acting without  any authority  from a court or magistrate. He may
justifiably, even, take the life of an aggressor, while acting in
the defence  of himself,  his wife, children, and servant, or for

          Bouvier's Law Dictionary : JK : Page 30 of 36

the protection  of his  house, when  attacked  with  a  felonious
intent, or  even for the protection of his personal property. See
Self-defence. A  man may justify what would, otherwise, have been
a trespass, an entry on the land of another for various purposes;
as, for  example, to demand a debt due to him by the owner of the
land to  remove chattels which belong to him, but this entry must
be peaceable;   to  exercise  an  incorporeal  right;    ask  for
lodging's at  an inn. See 15 East, 615, note e;  2 Lill. Ab. 134;
15 Vin.  Ab. 31;   Ham. N. P. 48 to 66;  Dane's Ab. Index, h. t.;
Entry. It  is an  ancient principle  of the  common law,  that  a
trespass may  be justified  in many cases. Thus:  a man may enter
on the  land of another, to kill a fox or otter, which are beasts
against the  common profit.  11 H.  VIII. 10.  So, a house may be
pulled down if the adjoining one be on fire, to prevent a greater
destruction. 13  H. VIII.  16,  b.  Tua  res  agitur  paries  cum
proximus ardet.  So, the  suburbs of  a city may be demolished in
time of  war, for  the good of the commonwealth. 8 Ed. IV. 35, b.
So, a  man may enter on his neighbor to make a bulwark in defence
of the  realm. 21 H. VIII. b. So, a house may be broken to arrest
a felon.  13 Ed. IV. 9, a;  Dodd. Eng. Lawy. 219, 220. In a civil
action, a  man may  justify a  libel,  or  slanderous  words,  by
proving their  truth, or  because the defendant had a right, upon
the particular occasion, either to write and publish the writing,
or to  utter the words;  as, when slanderous words are found in a
report of  a committee of congress, or in an indictment, or words
of a slanderous nature are uttered in the course of debate in the
legislature by a member, or at the bar, by counsel, when properly
instructed by  his client  on the  subject. See Debate;  Slander;
Com. Dig. Pleader, 2 L 3 to 2 L 7.

   4.- §2.  In general,  justification must be specially pleaded,
and it  cannot be given in evidence under the plea of the general

   5. -  §3. When  the plea  of justification is supported by the
evidence, it is a complete bar to the action. Vide Excuse.

   JUSTIFICATORS. A  kind of compurgators, or those who, by oath,
justified the  innocence or  oaths of  others, as  in the case of
wagers of law.

  JUSTIFYING BAIL, practice. The production of bail in court, who
there justify themselves Against the exception of the plaintiff.


   KENTUCKY. The  name of  one of  the new  states of  the United
States of America.

   2. This  state was formerly a part of Virginia, and the latter
state, by  an act  of the  legislature, passed December 18, 1789,
"consented that the district of Kentucky, within the jurisdiction
of the  said commonwealth,  and according  to its  actual bounda-
ries at  the time  of passing the act aforesaid, should be formed
into a new state." By the act of congress of February. 4, 1791, 1

          Bouvier's Law Dictionary : JK : Page 31 of 36

Story's L.  U. S.  168, congress  consented that, after the first
day of June, 1792, the district of Kentucky should be formed into
a new state, separate from and independent of the commonwealth of
Virginia. And  by the second section it is enacted, that upon the
aforesaid first  day of  June, 1792,  the said  new state, by the
name and  style of  the state  of Kentucky  shall be received and
admitted into the Union, as a new and entire member of the United
States of America.

   3. The constitution of this state was adopted August 17, 1799.
The powers  of the  government are  divided into  three  distinct
departments, and  each of  them is confided to a separate body of
magistracy, to  wit:  those which are legislative, to one;  those
which are  executive, to  another;  and those which are judicial,
to another.

   4. -  1. The  legislative power  is  vested  in  two  distinct
branches;   the one  styled the house of representatives, and the
other the senate;  and both together, the general assembly of the
commonwealth of  Kentucky. 1.  The house  of  representatives  is
elected yearly,  and consists  of not  less than fifty-eight, nor
more than  one hundred  members. 2. The members of the senate are
elected for  four  years.  The  senate  consists  of  twenty-four
members, at  least, and for every three members above fifty-eight
which shall  be added to the house of representatives, one member
shall be added to the senate.

   5. -  2. The  executive power is vested in a chief magistrate,
who is  styled the  governor of the commonwealth of Kentucky. The
governor is  elected for  four years. He is commander-in-chief of
the army  and navy  of the  commonwealth, except when called into
actual service  of the United States. He nominates, and, with the
consent of  the senate, appoints all officers, except those whose
appointment is  otherwise provided  for. He  is invested with the
pardoning power,  except in  certain cases,  as  impeachment  and
treason. A  lieutenant-governor is  chosen at  every election  of
governor, in  the same  manner, and to continue in office for the
same time  as the  governor. He  is ex  officio, speaker  of  the
senate, and  acts as  governor when  the latter  is impeached, or
removed from  office, or dead, or refuses to qualify, resigns, or
is absent from the state.

   6. -  3. The  judicial power,  both as  to matters  of law and
equity, is  vested in  one supreme  court, styled  the  court  of
appeals, and in such inferior courts as the general assembly may,
from time  to time,  erect and  establish. The  judges hold their
office during good behaviour.

  KEY. An instrument made for shutting and opening a lock.

   2. The  keys of  a house  are considered  as real  estate, and
descend to the heir with the inheritance. But see 5 Blackf. 417.

  3. When the keys of a warehouse are delivered to a purchaser of
goods locked  up there,  with a  view of  effecting a delivery of
such goods,  the delivery  is complete. The doctrine of the civil
law is  the same.  Dig. lib. 41, t. 1, 1. 9, §6;  and lib. 18, t.
1, 1. 74.

          Bouvier's Law Dictionary : JK : Page 32 of 36

   KEY, estates.  A wharf at which to land goods from, or to load
them in  a vessel.  This word is now generally spelled Quay, from
the French, quai.

   KEYAGE. A toll paid for loading and unloading merchandise at a
key or wharf.

   KEELAGE. The  right of demanding money for the bottom of ships
resting in  a port  or harbor.  The money  so paid is also called

  KEELS. This word is applied, in England, to vessels employed in
the carriage of coals. Jacob, L. D.

   KIDNAPPING. The  forcible and unlawful abduction and conveying
away of a man, woman, or child, from his or her home, without his
or her  will or  consent, and  sending such  person away, with an
intent to deprive him or her of some right. This is an offence at
common law.

  KILDERKIN. A measure of capacity equal to eighteen gallons. See

  KINDRED. Relations by blood.

   2. Nature  has divided  the kindred  of every  one into  three
principal classes. 1. His children, and their descendants. 2. His
father,  mother,   and  other   ascendants.  3.   His  collateral
relations;   which include,  in the first place, his brothers and
sisters,  and   their  descendants  and,  secondly,  his  uncles,
cousins,  and  other  relations  of  either  sex,  who  have  not
descended from  a brother  or sister of the deceased. All kindred
then are  descendants, ascendants,  or collaterals.  A hushand or
wife of  the deceased,  therefore, is  not his or her kindred. 14
Ves. 372. Vide Wood's Inst. 50;  Ayl. Parerg. 325;  Dane's Ab. h.
t.;   Toll. Ex.  382, 8;   2  Chit. Bl.  Com. 16, n. 59 Poth. Des
Successions, c. 1, art. 3.

   KING. The  chief magistrate  of a kingdom, vested usually with
the executive power.

   2. The  following table  of the  reigns of English and British
kings and  queens, commencing  with the  Reports,  is  added,  to
assist the student in many points of chronology.


 Henry III.............................................. 1216
 Edward I............................................... 1272
 Edward II.............................................. 1307
 Edward III............................................. 1307
 Richard II............................................. 1377
 Henry IV..............................................  1399
 Henry V...............................................  1413
 Henyv VI..............................................  1422
 Edward IV.............................................  1461
 Edward V..............................................  1483
 Richard III...........................................  1483
 Henry VII.............................................  1485
 Henry VIII............................................  1509
 Edward VI.............................................  1547
 Mary..................................................  1553
 Elizabeth.............................................  1558
 James I...............................................  1603
 Charles I.............................................  1625
 Charles II............................................  1660
 James II..............................................  1685
 William III...........................................  1689
 Anne..................................................  1702
 George I..............................................  1714
 George II.............................................  1727
 George III............................................  1760
 George IV.............................................  1820
 William IV............................................  1830
 Victoria..............................................  1837

 Vide article Reports.

          Bouvier's Law Dictionary : JK : Page 33 of 36

   KING'S BENCH. The name of the supreme court of law in England.
It is  so called  because formerly  the king used to sit there in
person, the  style of  the court  being still  coram  ipso  rege,
before the  king himself.  During the  reign of  a queen,  it  is
called  the   Queen's  Bench,  and  during  the  protectorate  of
Cromwell, it  was called  the Upper Bench. It consists of a chief
justices and  three other  judges, who  are, by their office, the
principal coroners and conservators of the peace. 3 Bl. Com. 41.

   2. This  court has  jurisdiction in criminal matters, in civil
causes, and is a supervisory tribunal to keep other jurisdictions
within their proper bounds.

   3. -  1. Its criminal jurisdiction extends over all offenders,
and not  only over  an capital  offences but  also  over  another
misdemeanors of  a public nature;  it being considered the custos
morum of  the realm. Its jurisdiction is so universal that an act
of  parliament   appointing  that   all  crimes   of  a   certain
denomination shall  be tried  before  certain  judges,  does  not
exclude the  jurisdiction of  this court, without negative words.
It may also proceed on indictments removed into that court out of
the inferior courts by certiorari.

   4. -  2. Its  civil jurisdiction  is against  the officers  or
ministers of  the court entitled to its privilege. 2 Inst. 23;  4
Inst. 71;   2  Bulstr. 123. And against prisoners for trespasses.
In these  last cases  a declaration  may be filed against them in
debt, covenant or account:  and this is done also upon the notion
of a  privilege, because  the common  pleas could  not obtain  or
procure the  prisoners of  the king's  bench to  appear in  their

   5. -  3. Its supervisory powers extend, 1. To issuing writs of
error to inferior jurisdictions, and affirming or reversing their
judgments. 2.  To issuing  writs of  mandamus to  compel inferior
officers and  courts to  perform the  duties required  of them by
law. Bac. Ab. Court of King's Bench.

          Bouvier's Law Dictionary : JK : Page 34 of 36

  KINGDOM. A country where an officer called a king exercises the
powers of  government, whether  the same  be absolute or limited.
Wolff, Inst.  Nat. §994.  In some  kingdoms the executive officer
may be a woman, who is called a queen.

   KINTLIDGE, merc.  law. This  term is  used  by  merchants  and
seafaring men to signify a ship's ballast. Mere. Dict.

     KIRBY'S  QUEST.   An  ancient   record  remaining  with  the
remembrancer of  the English  Exchequer, so called from being the
inquest of John De Kirby, treasurer to Edward I.

   KISSING. Kissing  the bible  is a  ceremony used in taking the
corporal oath,  the object being, as the canonists say, to denote
the assent  of the witness to the oath in the form it is imposed.
The witness kisses either the whole bible, or some portion of it;
or a  cross in  some countries.  See the  cerermony explained  in
Oughton's Ord.  Tit. Consitt.  on Courts,  part 3,  sect.  1,  §3
Junkin on the Oath, 173, 180;  2 Evan's Pothier, 234.

     KNAVE.  A   false,  dishonest,  or  deceitful  person.  This
signification of  the word has arisen by a long perversion of its
original meaning.

   2. To  call a  man a  knave has  been held to be actionable. 1
Rolle's Ab. 52;  1 Freem. 277.,

   KNIGHT'S FEE, old Eng. law. An uncertain measure of land, but,
according to  some opinions it is said to contain six hundred and
eighty acres. Co. Litt. 69, a.

   KNIGHT'S SERVICE,  Eng. law.  It was,  formerly, a  tenure  of
lands. Those  who held  by knight's service were called:  milites
qui per  loricas terras suas defendunt;:  soldiers who defend the
country by  their armor.  The incidents of knight's service were.
homage, fealty,  warranty, wardship,  marriage, reliefs, heriots,
aids, escheats, and forfeiture. Vide Socage.

   KNOWINGLY, pleadings.  The word knowingly," or "well knowing,"
will supply  the place of a positive averment in an indictment or
declaration, that  the  defendant  knew  the  facts  subsequently
stated;   if notice  or knowledge  be unnecessarily  stated,  the
allegation  may   be  rejected  as  surplusage.  Vide  Com.  Dig.
Indictment, G  6;   2 Stra. 904;  2 East, 452;  1 Chit. Pl. *367;
Vide Scienter.

  KNOWLEDGE. Information as to a fact.

   2. Many  acts are perfectly innocent when the party performing
them is  not aware  of certain  circumstances attending  them for
example, a  man may  pass a counterfeit note and be guiltless, if
he did  not know it was so he may receive stolen goods if he were
not aware  of the  fact that  they were  stolen. In these and the
like cases it is the guilty knowledge which makes the crime. See,
as to the manner of proving guilty knowledge, Archb. Cr. Pl. 110,
111. Vide Animal. Dog;  Evidence ignorance;  Scienter .

          Bouvier's Law Dictionary : JK : Page 35 of 36

                        END OF VOLUME I.

          Bouvier's Law Dictionary : JK : Page 36 of 36

                             #  #  #

Return to Table of Contents for

Bouvier's Law Dictionary