JUS STRICTUM JUS STRICTUM (Lat.). A Latin phrase, which signifies law interpreted without any modification, and in its utmost rigor. JUS UTENDI (Lat.). The right to use property without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, n. 86. JUSTICE. The constant and perpetual disposition to render every man his due. Justinian, Inst. b. 1, tit. 1; Co. 2d Inst. 56. The conformity of our actions and our will to the law. Toullier, Droit Civ. Fr. tit. prél. n. 5. 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. Distributive justice is that virtue whose object it 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 Touillier's learned note, Droit Civ. Fr. tit. prél. n. 7, note. At Common Law. A title given in England and America to judges of common-law courts, being a translation of justitia, which was anciently applied to common-law judges, while judex was applied to ecclesiastical Hen. I. §§ 24, 63; Anc. Laws & Inst. of Eng. judges and others; e. g. judex fiscalis. Leges Index; Co. Litt. 71 b. The judges of king's bench and common pleas, and the judges of almost all the suPreme courts in the United States, are properly styled "justices." The term justice is also applied to the lowest judicial officers: e. g. a trial justice; a jus tice of the peace. JUSTICE AYRES. In Scotch Law. The circuits through the kingdom made for the distribution of justice. Erskine, Inst. 1. 3. 25. officer invested with judicial powers for the JUSTICE OF THE PEACE. A public purpose of preventing breaches of the peace and bringing to punishment those who have violated the law. These officers, under the constitution of some of the states, are appointed by the executive; in others, they are elected by the people and commissioned by the execu tive. In some states they hold their office during good behavior; in others, for a limited period. 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 tumult 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. Toullier exposes the want of utility and exact-uous assembly, they may command others to ness in this division of distributive and commutative justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the divisions of internal and external justice, the first being a conformity of our will, and the latter a conformity of our actions, to the law, their union making perfect justice. Exterior justice is the object of jurisprudence; interior justice is the object of moralty. Droit Civ. Fr. tit. prél. n. 6 et 7. 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. 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 hearing he is discharged, held to bail to answer to the complaint, or, for want of bail, committed to prison. In some of the United States, justices of the peace have jurisdiction in civil cases given to them by local regulations. In Pennsylvania, their jurisdiction extends only to one hundred dollars, in cases of contracts, express or implied; under the constitution of 1873, police magistrates have been provided for Philadelphia. JUSTIFICATION JUSTICIARY. See, generally, Burn, Just.; Graydon, JUSTICES COURTS. In American Law. Inferior tribunals, with limited jurisdiction, both civil and criminal. There are courts so called in the states of Massachusetts and New Hampshire, and probably other states. JUSTICES IN EYRE. Certain judges established, if not first appointed, A. D. 1176, 22 Hen. II. pers. pres. subj., do you do justice to). JUSTICIES (from verb justiciare, 2d nature of a commission, empowering a sheriff In English Law. A special writ, in the to hold plea in his county court of a cause which he could not take jurisdiction of withlings. 1 Burn, Just. 449. So called from the out this writ: e. g. trespass vi et armis for any Latin word justicies, used in the writ, which sum, and all personal actions above forty shiletc.; we command you to do A B right, etc. Bracton, lib. 4, tr. 6, c. 13; Kitch. 74; Fitzh. runs, "præcipimus tibi quod justicies A B," 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 king-N. B. 117; 3 Bla. Com. 3, 6. dom 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 justicez were sometimes mere justices of assize or dower, of genera gaol delivery, and the like. 3 Bla. Com. 58; Crabb, Eng. Law, 103-104. That JUSTICES OF THE PAVILION (justiciarii pavilionis). Certain judges of a pyepouder court, of a most transcendent jurisdiction, authorized by the bishop of Winchester, at a fair held at St. Giles Hills near that city, by virtue of letters-patent granted by Edw.nounces sentence of death, in a legal manner, IV. Prynne's Animadv. on Coke's 4th Inst. fol. 191. which is committed with the intention to kill, JUSTIFIABLE HOMICIDE. rcumstances which the law holds sufficient to or to do a grievous bodily injury, under cirexculpate the person who commits it. A judge sentence of death, is not guilty of homicide; who, in pursuance of his duty, pronounces for it is evident that, as the law prescribes the punishment of death for certain offences, it must protect those who are intrusted with its execution. A judge, therefore, who pro JUSTICES OF TRAIL BASTION. A sort of justice in eyre, with large and summary powers, appointed by Edw. I. during his absence in war. Old. Ñ. B. fol. 52; 12 Co. 25. For derivation, see Cowel. JUSTICIAR, JUSTICIER. English Law. A judge or justice. Baker, In Old fol. 118; Cron. Angl. One of several persons learned in the law, who sat in the aula regis, and formed a kind of court of appeal in cases of difficulty. The chief justiciar (capitalis justiciarius totius Anglia) was a special magistrate, who presided over the whole aula regis, who was the principal minister of state, the second man in the kingdom, and by virtue of his office guardian of the realm in the king's absence. 3 Bla. Com. 37; Spelman, Gloss. 330, 331, 332; 2 Hawk. Pl. Cr. 6. who bore this title was Philip Basset, in the The last time of Hen. III. JUSTICIARII ITINERANTES (Lat.). In English Law. Justices who formerly went from county to county to administer justice. They were usually called justices in eyre, to distinguish them from justices residing at Westminster, who were called justicii residentes. Co. Litt. 293. JUSTICIARII RESIDENTES (Lat.). In English Law. Justices or judges who usually resided in Westminster: they were so called to distinguish them from justices in eyre. Co. Litt. 293. on a legal indictment, legally brought before him, for a capital offence committed within tion of the defendant, is guilty of no offence; his jurisdiction, after a lawful trial and convic1 Hale, Pl. Cr. 496-502. the preservation of the public peace, are Magistrates, or other officers intrusted with justified in committing homicide, or giving riotous assembly cannot be otherwise reorders which lead to it, if the excesses of a pressed; 4 Bla. Com. 178, 179. criminal or civil, and lawfully commanded by An officer intrusted with a legal warrant, justified in committing homicide, if in the a competent tribunal to execute it, will be 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. A soldier on duty is justified in committing homicide, in obedience to the command of his officer, unless the command was something plainly unlawful. be justified in committing homicide while Bla. Com. 178 et seq.; 1 Hale, Pl. Cr. 496 JUSTIFICATION. In Pleading. The JUSTIFICATION establishing his legal right to do the act complained of by the plaintiff. Justification admits the doing of the act charged as a wrong, but alleges a right to do it on the part of the defendant, thus denying that it is a wrong. Excuse merely shows reasons why the defendant should not make good the injury which the plaintiff has suffered from some wrong done. See AVOWRY. the plea is to give the plaintiff, who is in truth an accused person, the means of knowing what are the matters alleged against him. It must be direct and explicit. It must in every respect correspond with, and be as extensive as the charge in, the declaration. plete if it covers the essence of the libel. The justification, however, will be comBut it must extend to every part which could Trespasses. A warrant, regular on its by itself form a substantive ground of action. face, and issued by a court of competent Where the slander consists in an imputation jurisdiction, is a complete justification to the of crime, the plea of justification must conofficer to whom it is directed for obeying its tain the same degree of precision as is requicommand, whether it be really valid or not. site in an indictment for the crime, and must But where the warrant is absolutely void, or be supported by the same proof that is reapparently irregular in an important respect, quired on the trial of such an indictment. or where the act done is one which is beyond It is a perfectly well-established rule that where the power conferred by the warrant, it is no the charge is general in its nature, yet the justification. See ARREST; TRESPASS. So, too, many acts, and even homicide committed in self-defence, or defence of wife, children, or servants, are justifiable; see SELF-DEFENCE; or in preserving the public peace; see ARREST; TRESPASS; or under a license, express or implied; 3 Caines, 261; 2 Bail. 4; 3 McLean, 571; see 13 Me. 115; including entry on land to demand a debt, to remove chattels; 2 W. & S. 225; 12 Vt. 273; see 2 Humphr. 425; to ask lodgings at an inn, the entry in such cases being peaceful; to exercise an incorporeal right; 21 Pick. 272; or for public service in case of exigency, as pulling down houses to stop a fire; Year B. 13 Hen. VIII. 16 b; destroying the suburbs of a city in time of war; Year B. 8 Edw. IV. 35 b; entry on land to make fortifications; or in preservation of the owner's rights of property; 14 Conn. 255; 4 D. & B. 110; 7 Dana, 220; Wright, Ohio, 333; 25 Me. 453; 6 Penn. 318; 12 Metc. 53; are jus tifiable. Libel and slander may be justified in a civil action, in some cases, by proving the truth of the matter alleged, and generally by showing that 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 legisla.ture by a member, or at the bar by counsel when properly instructed by his client on the subject. Comyns, Dig. Pleader. See DEBATE; SLANDER. Matter in justification must be specially pleaded, and cannot be given in evidence under the general issue. See LICENSE. A plea of justification to an action for slander, oral or written, should state the charge with the same degree of certainty and precision as are required in an indictment. The object of plea of justification must state specific instances of the misconduct imputed to the plaintiff. And, even for the purpose of avoiding prolixity, a plea of justification cannot make a general charge of criminality or misconduct, but must set out the specific facts in which the imputed offence consists, and with such certainty as to afford the plaintiff an opportunity of joining issue precisely upon their existence. Heard, Lib. & Sl. §§ 240244. See SLANDER. When established by evidence, it furnishes a complete bar to the action. In Practice. The proceeding by which bail establish their ability to perform the undertaking of the bond or recognizance. It must take place before an authorized magistrate; 5 Binn. 461; 6 Johns. 124; 13 id. 422; and notice must, in general, be given by the party proposing the bail, to the opposite party, of the names of the bail and the intention to justify; 3 Harr. N. J. 503. See 3 Halst. 369. It is a common provision that bail must justify in double the amount of the recognizance if exceptions are taken; 2 Hill, N. Y. 379; otherwise, a justification in the amount of the recognizance is, in general, sufficient. It must be made within a specified time, or the persons named cease to be bail; 1 Cow. 54. See Baldw. 148. 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. In Practice. The production of bail in court, who there justify themselves against the exception of the plaintiff. See BAIL; JUSTIFICATION. The JUZGADO. In Spanish Law. collective number of judges that concur in a decree, and more particularly the tribunal having a single judge. VOL. II.-3 K. KAIN. In Scotch Law. A payment of fowls, etc., reserved in a lease. It is derived from canum, a word used in ancient grants to signify fowls or animals deliverable by the vassal to his superior as part of the reddendum. Erskine, Inst. 11. 10. 32; 2 Ross, Lect. 236, 405. KANSAS. The name of one of the states of the United States of America. The territory of Kansas was organized by an act of congress, dated May 30, 1854. The constitution was adopted at Wyandotte, July 29, 1859, and Kansas was admitted into the Union as a state, by an act of congress, approved January 20, 1861. The state was carved out of a portion of the Louisiana purchase, and a small portion of the territory ceded to the United States by Texas, and is bounded as follows, to wit: "Beginning at a point on the western boundary of the state of Missouri, where the thirty. seventh parallel of north latitude crosses the same; thence west on said parallel to the twentyfifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning." The portion of Kansas that originally belonged to Texas, is that part of the state lying south of the Arkansas river and west of longitude twentythree degrees west from Washington. Under the constitution, the powers of the state government are divided into three departments, viz.: executive, legislative, and judicial. EXECUTIVE DEPARTMENT.-The executive department consists of a governor, lieutenantgovernor, secretary of state, auditor, treasurer, attorney general, and superintendent of public instruction, who are chosen by the electors of the state, at the time and place of voting for members of the legislature, and hold their offices for two years from the second Monday in January next after their election, and until their successors are elected and qualified. The secretary of state, lieutenant-governor, and attorney general constitute a board of state canvassers of election, whose duty it is to meet on the second Tuesday of December succeeding each election for state officers, and proclaim the result of such election. No member of congress, or officer of the state, or of the United States, shall hold the office of governor, except as herein provided. LEGISLATIVE DEPARTMENT.-The legislative power of this state shall be vested in a house of representatives and senate. The number of representatives is regulated by law, but shall never exceed one hundred and twenty-five representatives and forty senators. A majority of all the members elected to each house, voting in the affirmative, shall be necessary to pass any bill or joint resolution. No bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended, unless the new act contain the entire act revived, or section or sections amended, and the section or sections so amended shall be repealed. All laws of a general nature shall have a uniform operation throughout the state; and in all cases where a general law can be made applicable, no special law shall be enacted. The legislature may confer upon tribunals transacting the county business of the several counties, such powers of local legislation and administration as it shall deem expedient. For any speech or debate in either house, the members shall not be questioned elsewhere. No member of the legislature shall be subject to arrest, except for felony or breach of the peace, in going to or returning from the place of meeting, or during the continuance of the session; neither shall he be subject to the service of any civil process during the session, nor for fifteen days previous to its commencement. All sessions of the legislature shall be held at the state capital, and, beginning with the session of eighteen hundred and seventy-seven, all regular sessions shall be held once in two years, commencing on the second Tuesday of January each alternate year thereafter. The house of representatives has the sole power to impeach. All'impeachments are tried by the senate. No person shall be convicted without the concurrence of two-thirds of the senators elected. JUDICIAL DEPARTMENT.-The judicial power of this state is vested in a supreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the supreme court, as may be provided by law. The supreme court consists of one chief justice and two associate justices, who are elected by the electors of the state at large, and whose term of office, after the first, shall be six years. At the first election a chief justice shall be chosen for six years, one associate justice for four years, and one for two years. may be provided by law. The supreme court has original jurisdiction in proceedings in quo warranto, mandamus, and haIn all cases of the death, impeachment, resig-beas corpus; and such appellate jurisdiction as nation, removal, or other disability of the governor, the power and duties of the office, for the residue of the term, or until the disability shall be removed, shall devolve upon the president of the senate. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president pro tempore, to preside in case of his absence or impeachment, or when he shall hold the office of governor. The state is divided into five judicial districts, in each of which there is elected a district judge, who holds his office for four years. The district courts have such jurisdiction in their respective districts as may be provided by law. There is a probate court in each county, which is a court of record and has such probate jurisdiction and care of estates of deceased persons, minors, and persons of unsound mind, as may KANSAS be prescribed by law, and shall have jurisdiction in cases of habeas corpus. This court consists of one judge, who is elected and holds his office for two years. Two justices of the peace are elected in each township. 35 KEEPING HOUSE and statutory law, judicial decisions, and the Justices of the supreme court and judges of the district courts may be removed from office by resolution of both houses, if two-thirds of the members of each house concur, but no such re-isted in the fourth year of the reign of James I. moval shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party charged shall have had notice and opportunity to be heard. Elections.-All elections by the people shall be by ballot, and all elections by the legislature shall be viva voce. Suffrage.-Every person who shall give or accept a challenge to fight a duel, or who shall, knowingly, carry to another person such challenge, or shall go out of the state to fight a duel, shall be ineligible to any office of trust or profit. Every person who shall have given or offered a bribe to procure his election, shall be disqualified from holding office during the term for which he may have been elected. Education. The legislature shall encourage the promotion of intellectual, moral, scientific, and agricultural improvement, by establishing a uniform system of common schools and schools of a higher grade, embracing normal, preparatory, collegiate, and university departments. No religious sect or sects shall ever control any part of the common school or university funds of the state. Corporations.-The legislature shall pass no special act conferring corporate powers. Corporations may be created under general laws; but such laws may be amended or repealed. The term corporation, as used in this article, includes all associations and joint stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name. Miscellaneous.-Lotteries and the sale of lot tery tickets are forever prohibited. (1607) constitutes the common law of this state;" 9 Kan. 252. KEELAGE. The right of demanding money for the bottom of ships resting in a port or harbor. The money so paid is also called keelage. KEELS. This word is applied, in England, to vessels employed in the carriage of coals. Jacob, Law Dict. KEEP. Neither a single act of play at a gaming table, called a sweat cloth, at the races, nor even a single day's use of it on the race field, is a keeping of a common gaming table, within the Penitentiary Act for the District of Columbia; 4 Cr. C. C. 659. When it is said that a certain man keeps a woman, the popular inference is, that the relation is one which involves illicit intercourse; 36 Ala. 717. See 3 Allen, 101; 52 N. H. 368. KEEPER. To warrant the conviction of one as the keeper of a common gaming house, he need not be the proprietor or lessee; it is sufficient if he has the general superintendence; 67 Ill. 587. also, the chief warden of the forest). An KEEPER OF THE FOREST (called, officer who had the principal government over all officers within the forest, and warned them to appear at the court of justice-seat on a summons from the lord chief-justice in eyre. Manw. For. Law, part 1, p. 156; Jacob, Law Dict. KEEPER OF THE GREAT SEAL The legislature shall provide for the protection (lord keeper of the great seal). A judicial of the rights of women in acquiring and possess-officer who is by virtue of his office a lord, ing property, real, personal, and mixed, and separate and apart from the husband; and shall also provide for their equal rights in the possession of their children. cellor by 5 Eliz. c. 18; and the lord chancellor is appointed by delivery of the great seal, and taking oath. Co. 4th Inst. 87; 1 Hale, Pl. Cr. 171, 174; 3 Bla. Com. 47. and a member of the privy council. Through his hands pass all charters, commissions, and grants of the crown, to be sealed with the A homestead to the extent of one hundred and great seal, which is under his keeping. The sixty acres of farming land, or of one acre with-office was consolidated with that of lord chanin the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, is exempted from forced sale, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; Provided, the provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife. KEEPER OF THE PRIVY SEAL. The officer through whose hands all chargo ters, pardons, etc. signed by the king before going to the great seal, and some which do not there at all. go He is of the privy council virtute officii. He was first called clerk of The manufacture and sale of intoxicating liq- the privy seal, then guardian, then lord privy uors shall be forever prohibited in this state, ex-seal, which is his present designation. 12 Ric. cept for medical, scientific, and mechanical pur- II. c. 12; Rot. Parl. 11 Hen. IV.; Stat. 34 Hen. VIII. c. 4; 4 Inst. 55; 2 Bla. Com. 347. poses. No distinction shall ever be made between citizens and aliens in reference to the purchase, enjoyment, or descent of property. KEEPING HOUSE. In English Law. There are no common law crimes in this state. As an act of bankruptcy, is when a man absents All crimes are defined and punished by statute. himself from his place of business and retires to The common law, as modified by constitutional | his private residence, so as to evade the impor |