Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση
[merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

REFERENCES TO THE CIVIL AND OTHER SYSTEMS OF FOREIGN LAW.

BY

JOHN BOUVIER.

Ignoratis terminis ignoratur et ars.--Co. LITT. 2 a.
Je sais que chaque science et chaque art a ses termes propres, inconnu au common des hommes.-FLEURY.

1

FIFTEENTH EDITION, THOROUGHLY REVISED AND GREATLY ENLARGED.

VOL. II.

PHILADELPHIA:
J. B. LIPPINCOTT & CO.

1883.

US

78264

Entered according to Act of Congress, in the year 1839, by

JOHN BOUVIER,
in the Clerk's Office of the District Court of the United States for the Eastern Distric. of Pennsylvania.

Entered according to Act of Congress, in the year 1843, by

JOHN BOUVIER,
in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania.

JACTITAT English Eccles bran jodividu uther, from till sure th to each other.

The ecclesias Eartain a libe to proof of the in perpetual si

Entered according to Act of Congress, in the year 1848, by

JOHN BOUVIER,
in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania.

[blocks in formation]

Entered according to Act of Congress, in the year 1852, by

ELIZA BOUVIER AND ROBERT E. PETERSON, TRUSTEES,
in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania.

JACTUS (L. band to lighte case the goods jent for general Khedia de jad Las marit. 104 Hanseat. tit.

Entered according to Act of Congress, in the year 1867, by
ELIZA BOUVIER AND ROBERT E. PETERSON, TRUSTEES,

in the Clerk's Office of the District Court of the United States for the Eastern District of Pennsylvania

JAIL, GAC biris). A plat los arrested to is the custody 1

maar be uses ats; and

e mtion betwe at the latter hurt; thus,

jail. ben a place w avut further they paid thei pitsons till a epired to pri s pranishment

Entered according to Act of Congress, in the year 1883, by

ROBERT E. PETERSON,
in the Office of the Librarian of Congress at Washington.

MAY 27 192

SA

A jail is an i house within tl Bla. 682; 11 Cr. 1020; 2 115; 4 Call, 1 Prison.

ز/ //

JAMUNL Premen who

perty to the

A

LAW DICTIONARY.

J.

JACTITATION OF MARRIAGE. In person, in order to avoid military service and English Ecclesiastical Law. The boasting other burdens. Spelman, Gloss. Also, a by an individual that he or she has married species of serfs among the Germans. Du another, from which it may happen that they Cange. The same as commendati. will acquire the reputation of being married JEOFAILE (L. Fr.). I have failed; I to each other,

am in error. The ecclesiastical courts may in such cases Certain statutes are called statutes of entertain a libel by the party injured, and amendments and jeofailes, because, where a on proof of the facts enjoin the wrong-doer pleader perceives any slip in the form of his to perpetual silence, and, as a punishment, proceedings, and acknowledges the error make him pay the costs; 3 Bla. Com. 93 ; (jeofaile), he is at liberty, by those statutes, 2 Hagg. Cons. 423, 285; 2 Chitty, Pr. 459.

to amend it. The amendment, however, is JACTURA (Lat. jaceo, to throw). A seldom made; but the benefit is attained by jettison.

the court's overlooking the exception ; 3 Bla. JACTUS (Lat.). A throwing goods over. Com. 407; 1 Saund. 228, n. 1; Doct. Pl. board to lighten or save the vessel, in which 297; Dane, Abr. These statutes do not case the goods so sacrificed are a proper sub- apply to indictments. ject for general average. Dig. 14. 2, de lege JEOPARDY. Peril; danger. Rhodia de jactu; 1 Pardessus, Collec. des

The term is used in this sense in the act estaLois marit. 104 et seq. ; Kuricke, Inst. Marit. blishing and regulating the post-office departHanseat. tit. 8; 1 Parsons, Mar. Law, 288, ment. "The words of the act are, "or if, in effectnote.

ing such robbery of the mail the first time, the JAIL, GAOL (fr. Lat. caveola, a cage for offender shall wound the person having the birds). A place for the confinement of per- custody thereof, or put his life in jeopardy by sons arrested for debt or for crime and held the use of dangerous weapons, such offender in the custody of the sheriff. Webster, Dict. shall suffer death.” 3 Story, Laws U. 8. 1992.

See Baldw. 93-95. It may be used also for the confinement of witnesses ; and, in general, now there is no

The situation of a prisoner when a trial distinction between a jail and a prison, except

jury is sworn and impanelled to try his case that the latter belongs to a greater extent of upon a valid indictment, and such jury has

been charged with his deliverance. 1 Bail. country; thus, we say a state's prison and county jail. Originally, a jail seems to have 655; 7 Blackf. 191 ; 1 Gray, 490; 38 Me. been a place where persons were confined to 574, 586 ; 23 Penn. 12; 12 Vt. 93. await further proceeding-e. g., debtors till

This is the sense in which the term is used in

the United States constitution : no person they paid their debts, witnesses and accused

shall be subject for the same offence persons till a certain trial came on, etc.—as to be twice put in jeopardy of life or limb,” U. opposed to prison, which was for confinement, 8. Const. art. v. Amend., and in the statutes or as punishment.

constitutions of most if not all of the states. Å jail is an inhabited dwelling-house, and a This provision in the constitution of the U.S. house within the statutes against arson; 2 W. binds only the United States ; 2 Cow. 819; 6 Bla. 682; 1 Leach, 4th ed. 69; 2 East, Pl. How. 410; contra, 2 Pick. 521 ; 18 Johns. 187. 'In Cr. 1020 ; 2 Cox, Cr. Cas. 65; 18 Johns, constitutional provisions; in England it is said

this country this rule depends in most cases on 115 ; 4 Call, 109; 4 Leigh, 683. See Gaol; not to be one of those principles which lie at the PRISON.

foundation of the law, but to be a matter of pracJAMUNLINGI, JAMUNDILINGI.

tice, which has fluctuated at various times, and Freemen who delivered themselves and pro- considered as not finally settled ; per Cockburn,

which even at the present day may perhaps be perty to the protection of a more powerful C. J., in L. R. 1 Q. B. 289.

( 3 )

The constitutional provision, which refers to pay a proportion of the loss. In ascertainlife or limb," properly interpreted, extends only ing such average loss, the goods lost and to creason and felonies, but it has usually been saved are both to be valued at the price they extended to misdemeanors ; 1 Bish: Crib would have brought at the place of delivery 990 ; 26 Ala. 135; but not to proceedings for the recovery of penalties, nor to applications for on the ship's arrival there, freight, duties, sureties of the peace; Bish. Cr. L. § 990. and other charges being deducted. Marsh.

A person is in legal jeopardy when he is Ins. 246 ; 3 Kent, 185–187; Park. Ins. 123 ; put upon trial, before a court of competent Pothier, Charte-partie, n. 108 et suiv.; Boulayjurisdiction, upon indictment or information Paty, Dr. Com. tit. 13; Pardessus, Dr. Com. which is sufficient in form and substance to . 734 ; 1 Ware, 9. The owner of a cargo sustain a conviction, and a jury has been jettisoned has a maritime lien on the vessel charged with his deliverance; Cooley, Const. for the contributory share from the vessel on Lim. 404; approved in 9 Bush, 333; 21 an adjustment of the average, which may be Alb. L. J. 398. If, however, the court had enforced by a proceeding in venue in the adno jurisdiction of the cause; 7 Mich. 161; or miralty ; 19 How. 162; 2 Pars. Marit. Law, if the indictment was so defective that no 373. See AVERAGE; ADJUSTMENT. valid judgment could be rendered upon it ; JEUX DE BOURSE. In French Law. 36 Ga. 447; 105 Mass. 53; or if by any A kind of gambling or speculation, which overruling necessity the jury are discharged consists of sales and purchases which bind without a verdict ; 9 Wheat. 579; 68 N. C. neither of the parties to deliver the things 203 ; or if the term of the court comes to an which are the object of the sale, and which end before the trial is finished ; 5 Ind. 290; are settled by paying the difference in the or the jury are discharged with the consent of value of the things sold between the day of the defendant, express or implied ; 9 Metc. the sale and that appointed for delivery of 572; or if after verdict against the accused, such things. i Pardessus, Droit Com. n. 162. it has been set aside on his motion for a new

JOB. The whole of a thing which is to trial or on writ of error, or the judgment be done. In this sense it is employed in the thereon has been arrested; 13 Johns. 351; Civil Code of Louisiana, art. 2727 : “To 8 Kans. 232; s. c. 12 Am. Rep. 469, n.; build by plot, or to work by the job,” says in these cases, the accused may again be put that article, “is to undertake a building for upon trial and the proceedings had will con- a certain stipulated price.” See Duranton, stitute no protection ; Cooley, Const. Lim. du Contr. de Louage, liv. 3, t. 8, nn. 248, 405. But if a prisoner has been indicted for 263; Pothier, Contr. de Louage, nn. 392, murder, convicted of murder in the second de

394; DEVIATION. gree, and afterwards granted a new trial on his own motion, he cannot, on the second trial, be who buys and sells articles for others. Stock

JOBBER. In Commercial Law. One convicted of a higher crime than murder in the second degree ; 33 Wisc. 121 ; s. C. 14 Am. jobbers are those who buy and sell stocks for Rep. 748, n. ; 35 Mo. 105: 11 lowa, 352; who speculate in stocks on their own account.

others. This term is also applied to those contra, 20 Ohio St. 572; 8 Kans. 232; s. c. 12 Am. Rep. 469, n. Where the indictment

JOCALIA (Lat.). Jewels. This term was good and the judgment erroneously ar

was formerly more properly applied to those rested, the verdict was held to be a bar; 2 ornaments which women, although married, Yerg. 24. Where a prisoner during his trial call their own. When these jocalia are not fled the jurisdiction, and it became necessary

suitable to her degree, they are assets for the to discharge the jury, it was held that he was payment of debts; 1 Rolle, Abr. 911. never in jeopardy ; 13 Reporter, 105 (S. C. JOINDER. In Pleading. Union; conof Cal.). See DiscHARGE OF A JURY.

Of Actions. IN CIVIL CASES. The JERGUER. In English Law. An offi- union of two or more causes of action in the cer of the custom-house, who oversees the

same declaration. waiters. Techn. Dict.

At common law, to allow a joinder, the JETTISON, JETSAM. The casting out form of actions must be such that the same of a vessel, from necessity, a part of the plea may be pleaded and the same judgment lading. The thing so cast out.

given on all the counts of the declaration, or, It differs from flotsam in this, that in the lat- the counts being of the same nature, that the ter the goods float, while in the former they sink, same judgment may be given on all ; 2 Saund. and remain under water. It differs also from 177 c; 1 Term, 276; Comyns, Dig. Actions ligan.

(G); 16 N. Y. 548; 6 Du. N. Y.43 ; 4 Cal. The jettison must be made for sufficient 27; 12 La. An. 873 ; 33 N. H. 495. And cause, and not for groundless timidity. It all the causes of action must have accrued to must be made in a case of extremity, when the plaintiff or against the defendant; 12 La. the ship is in danger of perishing by the fury An. 44; in the same right, though it may of a storm, or is laboring upon rocks or have been by different titles. Thus, a plainshallows, or is closely pursued by pirates or tiff cannot join a demand in his own right to enemies.

one as representative of another person, or If the residue of the cargo be saved by against the defendant himself to one against such sacrifice, the property saved is bound to him in a representative capacity; 2 Viner,

currence.

[blocks in formation]

Abr. 62; Bacon, Abr. Action in General Wheat. 550; 3 Conn. 354 ; 5 Cow. 719. (C); 21 Barb. 245. See 25 Mo. 357. And see 3 Bibb, 86; 6 J. J. Marsh. 425.

In real actions there can be but one count. There need be no connection but commu

In mixed actions joinder occurs, though nity of interests ; 2 Ala. N. 8. 209. but infrequently; 8 Co. 876; Poph. 24; Cro. Eliz. 290.

Plaintiff's. In personal actions joinder is frequent.

All persons having a unity of interest in By statutes, in many of the states, joinder the subject-matter; 3 Barb. Ch. 397; 2 Ala. of actions is allowed and required to a greater n. s. 209; and in the object to be attained; extent than at common law.

2 Iowa, 55; 3 id. 443 ; who are entitled to IN CRIMINAL CASEs. Different offences relief ; 14 Ala. N. s. 135; 17 id. 631; may of the same general nature may be joined in join as plaintiffs. The claims must not arise the same indictment; i Chitty, Cr. Law, under different contracts ; 8 Pet. 123 ; 5 J.J. 253, 255; 29 Ala. N. s. 62; 10 Cush. 530; | Marsh. 154 ; 6 id. 33; or to the same person 28 Miss. 267; 4 Ohio St. 440; 6 McLean, in different capacities; i Busb. Eq. 196. 596 ; 4 Denio, 133; 18 Me. 103; 1 Cheves, And see 1 Paige, Ch. 637; 4 id. 23; 5 Metc. 103 ; 4 Ark. 56; see 14 Gratt. 687; and it is Mass. 118. no cause of arrest of judgment that they have

Assignor and assignee. The assignor of a been so joined ; 29 E. L. & Eq. 536 ; 29 contract for the sale of lands should be joined N. H. 184; 11 Ga. 225; 3 W. & M. 164; in a suit by the assignee for specific performsee 1 Strobh. 455 ; but not in the same count; ance; 3 Sandf. Ch. 614; and the assignor of 5 R. I. 385; 24 Mo. 353 ; 1 Rich. 260 ; part of his interest in a patent in a suit by 4 Humphr. 25; and an indictment may be assignee for violation ; 3 McLean, 350. quashed, in the discretion of the court, where But he should not be joined where he has the counts are joined in such manner as will parted with all his legal and beneficial interconfound the evidence; 17 Mo. 544; 19 Ark. est; 32 Me. 203, 343; 13 B. Monr. 210. 563, 577; 20 Miss. 468.

The assignee of a mere chose in action may • No court, it is said, will, however, permit a sue in his own name, in equity; 17 How. 43 ; prisoner to be tried upon one indictment for two 5 Wisc. 270 ; 6 B. Monr. 540 ; 7 id. 273. distinct and separate crimes ; 29 N. H. 184.

Corporations. Two or more may join if See 5 S. & R. 59; 12 id. 69; 10 Cush. 530. their interest is joint; 8. Ves. 706.

A corIn Demurrer. The answer made to a poration may join with its individual members demurrer. Co. Litt. 71 b. The act of | to establish an exemption on their behalf ; 3 making such answer is merely a matter of Anstr. 738. form, but must be made within a reasonable

Husband and wife must join where the time; 10 Rich. 49.

husband asserts an interest in behalf of his of Issue. The act by which the parties wife; 6 B. Monr. 514; 3 Hayw. 252; 5 to a cause arrive at that stage of it in their Johns. Ch. 196 ; 9 Ala. 133; as, for a pleadings, that one asserts a fact to be so, legacy ; 5 Johns. Ch. 196; or for property and the other denies it. For example, when devised or descended to her during coverture; one party denies the fact pleaded by his 5 J. J. Marsh. 179, 600; or where he applies antagonist, who has tendered the issue thus, for an injunction to restrain a suit at law " And this he prays may be inquired of by against both, affecting her interest; 1 Barb. the country,

or, •' and of this he puts him- Ch. 313. self upon the country,” the party denying Idiots and lunatics may be joined or not in the fact may immediately subjoin, And the bills by their committees, at the election of said A B does the like;" when the issue is the committee, to set aside acts done by them said to be joined.

whilst under imbecility; 1 Ch. Cas. 112; 1

Jac. 377; 7 Johns. Ch. 139. They must be Of Parties. In Civil CASES. joined in suits brought for the partition of In Equity.

real estate; 3 Barb. Ch. 24. In England it

seems to be the custom to join; 2 Vern. 678. All parties materially interested in the sub- See Story, Eq. Pl. $ 64, and note; Story, ject of a suit in equity should be made parties, Eq. Jur. & 1336, and note. however numerous; Mitt. Eq. Plead. 144; 2 Infants. Several may join in the same bill Eq. Caz. Abr. 179 ; 3 Swanst. 139; 1 Pet. for an account of the rents and profits of 299; 2 id. 482; 13 id. 359; 7 Cra. 72; 2 their estate; 2 Bland, Ch. 68. Mas. 181; 5 McLean, 444; 2 Paine, 536; 1 Trustee and cestui que trust should join in Johns. Ch. 349 ; 2 Bibb, 184; 24 Me. 20; a bill to recover the trust fund; 5 Dana, 128; 3 Vt. 160; 7 Conn. 342; 11 Gill & J. 426; but need not to foreclose a mortgage; 5 Ala. 4 Rand. 451; 1 Bail. Ch. 384 ; 7 Ired. Eq. 447; 4 Abb. Pr. 106; nor to redeem one No. C. 261, 2 Stew. Ala. 280; 6 Blackt. made by the trustee; 2 Gray, 190. And see 223. But, where the parties are very nume- 3 Edw. Ch. 175; 7 Ala. N. s. 386. rous, a portion may appear for all in the same situation; 16 Ves. 321 ; 16 How. 288; 11

Defendants. Conn. 112; 3 Paige, Ch. 222; 19 Barb. 517. In general, all persons interested in the

Mere possible or contingent interest does subject matter of a suit who cannot be made not render its possessor a necessary party; 6 plaintiffs should be made defendants. They

« ΠροηγούμενηΣυνέχεια »