« ПредыдущаяПродолжить »
may claim under different rights if they isfaction of their debt; 9 Mo. 304. See, also, possess an interest centring in the point in 21 Ga. 433; 6 Munf. 520; 7 E. L. & Eq. 54. issue; 4 Cow. 682.
Foreclosure suits. All persons having an Bills for discovery need not contain all the interest, legal or equitable, existing at the parties interested as defendants; 1 M'Cord, commencement of a suit to foreclose mortCh. 301 ; and a person may be joined merely gaged premises, must be made parties, or they as defendant in such bill; 3 Ala. 214. A will not be bound; 4 Johns. Ch. 605; 10 person should not be joined as a party to Paige, Ch. 307; 10 Ala. N. s. 283; 3 Ark. such bill who may be called as a witness on 364; 6 McLean, 416; 11 Tex. 526 ; includtrial; 13 II. 212; 3 Barb. Ch. 482. Anding the mortgagor within a year after the sale see 1 Chandl. 286.
of his interest by the sheriff; 4 Johns. Ch. Assignor and assignee. An assignor who 649; and his heirs and personal representaretains even the slightest interest in the sub- tive after his death; 2 Bland, 684. But ject-matter must be made a party; 2 Dev. & bond-holders for whose benefit a mortgage has B. Eq. 395; 1 Green, Ch. 347 ; 2 Paige, been made by a corporation to a trustee need Ch. 289; 11 Cush. 111: as a covenantee in a not be made parties; 5 Gray, 162; Jones, suit by a remote assignee; 1 Dana, 585; and Railroad Securities, g 42. A person claiming the original plaintiff in a creditor's bill by the adversely to mortgagor and mortgagee cannot assignee of a judgment; B. Monr. 594. be made a defendant to such suit ; 3 Barb.
A fraudulent assignee need not be joined Ch. 438. in a bill by a creditor to obtain satisfaction Heirs, distributees, and devisees. All the out of a fund so transferred; 1 Paige, Ch.637. heirs should be made parties to a bill respectThe assignee of a judgment must be a party in ing the real estate of the testator; 3 N. Y. a suit to stay proceedings ; 11 Paige, Ch. 438. 261 ; 2 Ala. N. 8. 571 ; 4 J. J. Marsh.
A party who acquires his interest pendente 231 ; 7 id. 432; 5 III. 452; although the teslite cannot be made a party ; 5 Ill. 354. tator was one of several mortgagees of the Otherwise of an assignee in insolvency, who vendee, and the bill be brought to enforce must be marle a party; 3 Johns. 543; 1 the vendor's lien; 6 B. Monr. 74; but need, Johns. Ch. 339; 10 Paige, Ch. 20.
not to a bill affecting personalty ; 1 M'Cord, Corporations and associations. A corpo- Ch. 280. All the devisees are necessary parration charged with a duty should be joined ties to a bill to set aside the will; 2 Dana, with the trustees it has appointed, in a suit | 155; or to enjoin executors from selling lands for a breach; 1 Gray, 399; 7 Paige, Ch. belonging to the testator's estate ; 2°T. B. 281. Where the legal title is in part of the Monr. 30.
All the distributees are necessary members of an association, no others need be parties to a bill for distribution ; 1 B. Monr. joined ; 1 Gilm. 187.
27; to a bill by the widow of the intestate Officers and agents may be made parties against the administrator to recover her share merely for purposes of discovery ; 9 Paige, of the estate ; 4 Bibb, 543; and to a bill Ch. 188.
against an administrator to charge the estate Creditors who have repudiated an assign- with an annual payment to preserve the resiment and pursued their remedy at law are due; 1 Hill, Ch. 51. See, also, 11 Paige, properly marle parties to a bill brought by the Ch. 49; 2 T. B. Monr. 95; 5 id. 573. others against the trustee for an account and Idiots and lunatics should be joined with the enforcement of the trust; 3 Wisc. 367. their committees when their interests conflict So, when judgments are impeached and and must be settled in the suit; 2 Johns. Ch. sought to be set aside for fraud, the plaintiff's 242 ; 3 Paige, Ch. 470. therein are indispensable parties to the bill; Partners must, in general, be all joined in 20 Ala. 200. To a bill brought against an a bill for dissolution of the partnership, but assignee by a creditor claiming the final bal- need not if without the jurisdiction ; 17 How. ance, the preferred creditors need not be 468 ; 12 Metc. 329. And see 3 Stor. 335. made parties ; 28 Vt. 465. See, also, 20 Assignees of insolvent partners must be How. 94; 1 Md. Ch. Dec. 299; 3 Metc. joined ; 10 Me. 255. Mass. 474 ; 11 Paige, Ch. 49.
Dormant partners need not be joined when Debtors must in some cases be joined with not known in the transaction on which the the executor in a suit by a creditor; though bill is founded; 7 Blackf. 218. not ordinarily; Story, Eq. Pl. § 227 ; 1 Principal and agent should be joined if Johns. Ch. 305. Where there are several there be a charge of fraud in which the agent debtors, all must be joined ; 1 M'Cord, Ch. participated; 3 Stor. 611; 12 Ark. 720; and 301 ; unless utterly irresponsible; i Mich. the agent should be joined where he binds 446. Judgment debtors must in some cases himselt individually ; 3 A. K. Marsh. 484. be joined in suits between the creditor and See, also, 5 H. & J. 147; 8 Ired. Eq. 229; assignees or mortgagees; 5 Sandf. 271. 2 D. & B. 357 ; 1 Barb. Ch. 157.
Executors and administrators should be Trustee and cestui que trust. If a trustee has made parties to a bill to dissolve a partner- parted with the trust fund, the cestui que trust ship; 21 Ga. 6; to a bill against heirs to dis- may proceed against the trustee alone to comcover assets ; 7 B. Monr. 127; to a bill by pel satisfaction, or the fraudulent assignee creditors to subject lands fraudulently con- may be joined with him at the election of the veyed by the testator their debtor, to the sat- complainant; 2 Paige, Ch. 278.
The trustees under a settlement of real 700; on the lease by both of lands in which estate, against whom a trust or power given she has a life estate, where the covenant runs to them to sell the estate is to be enforced, to both ; 20 Barb. 269; but on a covenant are necessary parties to a suit for that pur- generally to both, the husband may sue alone; pose ; 39 E. L. & Eq. 76. See, also, id. 225; 2 Mod. 217; 1 B. & C. 443 ; 1 Bulstr. 331 24 Miss. 597 ; 19 How. 376 ; 5 Du. N. Y. in all actions in implied promises to the wife 168; 8 Md. 34.
acting in autre droit; Comyns, Dig. Baron
& F. (V); 9 M. & W. 694; 4 Tex. 283; as to AT LAW.
suit on a bond to both, see 2 Penning. 827; In actions et contractu.
on a contract running with land of which
they are joint assignees; Woodf. Landl. & T. All who have a joint legal interest or are 190; Cro. Car. 503 ; in general, to recover jointly entitled must join in an action on a any of the wife's choses in action where the contract, even though it be in terms several, cause of action would survive to her; Coor be entered into by one in behalf of all; myns, Dig. Baron f. F. (V); 1 Chitty, Pl. Brown, Partn. 18; i Saund. 153; Archb. 17; i Maule & S. 180; 1 P. A. Browne, Civ. Pl. 58; Metc. Yelv. 177, n. 1; 10 263 ; 13 Wend. 271 ; 10 Pick. 470; 9 Ired. East, 418; 8 S. & R. 308; 15 Me. 295; 163; 21 Conn. 557 ; 24 Miss. 245; 2 Wisc. 22. 3 Brev. 249; 3 Ark. 565; 16 Barb. 325: They may join at the husband's election in as, where the consideration moves from suit on a covenant to repair, when they beseveral jointly; 2 Wms. Saund. 116 a; come joint grantees of a reversion ; Cro. Jac. 4 M. & W. 295; 5 id. 698; or was taken 399; to recover the value of the wife's choses from a joint fund; 19 Johns. 218; 1 Meigs, in action ; 5 Harr. Del. 57; 24 Conn. 45; 2 394.
Wisc. 22; 2 Mod. 217; 2 Ad. & E. 30; 2 One of several joint obligees, payees, or Maule & S. 396, n. ; in case of joinder the assignees may sue in the name of all; 10 action survives to her; 6 M. & W. 426 ; 10 Yerg. 235. See 4 Saund. 657.
B. & C. 558; in case of an express promise Some contracts may be considered as either to the wife, or to both where she is the merijoint or several, and in such case all may torious cause of action; Cro. Jac. 77, 205 ; join, or each may sue separately; but part 1 Chitty, Pl. 18; 5 Harr. Del. 57; 32 Ala. cannot join leaving the others to sue sepa- N. 8. 30. rately.
They must, in general, be joined in actions In an action for a breach of a joint contract on contracts entered into by the wife dum made by several, all the contracting parties sola; 1 Kebl. 281; 2 Term, 480; 7 id. 348; should be made defendants; 1 Saund. 158 1 Taunt. 217; 7 id. 432; 8 Johns. 149; i n. ; even though one or more be bunkrupt or Grant, Cas. 21 ; 5 Harr. Del. 357; 25 Vt. insolvent; 2 Maule & S. 33 ; but see 1 Wils. 207; see 15 Johns. 403; 17 id. 167; 7 Mass. 89; or an infant; but not if the contract be 291; where the cause of action accrues against utterly void as to him; 3 Taunt. 307; 5 the wife in autre droit ; Cro. Car. 518. They Johns. 160, 280; 11 id, 101; 5 Mass. 270; may be joined when the husband promises 1 Pick. 500.
anew to pay the debt of the wife contracted On a joint and several contract, each may dum sola; 7 Term, 349; for rent or breaches be sued separately, or all together; 1 Pet. 73; of covenant on a joint lease to both for the 1 Wend. 524.
wife's benefit ; Broom, Part. 178, 179. Executors and administrators must bring Joint tenants must join in debt or an avowry their actions in the joint names of all; 5 for rent; Broom, Part. 24; but one of sev. Scott, N. R. 728; 1 Saund. 291 g; 2 id. eral may make a separate demise, thus sever213; 2 N. & M°C. 70; 2 Penning. 721 ; 1 ing the tenancy; Bacon, Abr. Joint Ten. Dutch. 374; even though some are infants ; (# 2); 12 East, 39, 57, 61; 3 Campb. 190; Broom, Part. 104.
and one may maintain ejectment against his All the executors who have proved the will co-tenants ; Woodf. Landl. & T. 789. • are to be joined as defendants in an action on Partners must all join in suing third parthe testator's contract; Broom, Part. 196; ties on partnership transactions; 1 Esp. 183; 1 Lev. 161; i Cr. M. & R. 74; 4 Bingh. 2 Campb. 302; 18 Barb. 534; 7 Rich. 118; 704. But an executor de son tort is not to including only those who were such at the be joined with the rightful executor. And time the cause of action accrued; Broom, the executors are not to be joined with other Part. 65; although one or more may have persons who were joint contractors with the become insolvent; 2 Cr. & M. 318; but not deceased ; 2 Wheat. 344; 6 S. & R. 272 ; joining the personal representative of a de5 Cal. 173.
ceased partner; 2 Salk. 444; 2 Maule & S. Administrators are to be joined, like ex. 225; 4 B. & Ald. 374; 9 B. & C. 538; with ecutors ; Comyns, Dig. Administrators (B a limitation to the actual parties to the instru12). Foreign executors and administrators ment in case of specialties; 6 Maule & S. 75; are not recognized as such, in general; 2 and including dormant partners or not, at the Jones, Eq. 276 ; 10 Rich. 393; 7 Ind. 211. election of the ostensible partners ; 2 Esp.
Husband and wife must join to recover 468; 10 B. & C. 671; 4 B. & Ald. 437. See rent due the wife before coverture on her 4 Wend. 628. Where one partner contracts lease while sole; Co. Litt. 55 b; Cro. Eliz. in his name for the firm, he may sue alone, or all may join; 4 B. & Ad. 815; 4 B. & Ald. the words spoken are actionable per se, for 437; but alone if he was evidently dealt with the direct injury ; 4 M. & W. 5; 22 Barb. as the sole party in interest; 1 Maule & S. 396 ; 2 Hill, N. Y. 309; 2 T. B. Monr. 56; 249.
25 Mo. 580; 4 Iowa, 420; 11 Cush. 10; and The surviving partners; 3 Ball & B. 30; in ejectment for lands of the wife ; Broom, 1 B. & Ald. 29, 522; 18 Barb. 592; must Part. 235; 1 Bulstr. 21. all be joined as defendants in suits on part- They must be joined as defendants for torts nership contracts; 1 East, 30. And third committed by the wife before marriage; Co. parties are not bound to know the arrange- Litt. 351 6; 5 Binn. 43; or during coverture; ments of partners amongst themselves ; 4 19 Barb. 321 ; 2 E. D). Smith, 90; or for Maule & S. 482; 8 M. & W. 703, 710. libel or slander uttered by her; 5 C. & P.
A partner need not be joined if he was not 484; and in action for waste by the wife, known as such at the time of making the con- before marriage, as administratrix ; 2 Wms. tract and there was no indication of his being Ex. 1441. a partner; 1 Bosw. 28; 19 Ark. 701. And They may be joined in trespass for their see PARTNERSHIP.
joint act; 2 Stra. 1094 ; 4 Bingh. N. C. 96; Tenants in common should join in an action 3 B. & Ald. 687; 6 Gratt. 213. on any joint contract; Comyns, Dig. Abate- Joint tenants and parceners, during the ment (E 10).
continuance of the joint estate, must join in Trustees must all join in bringing an ac- all actions ex delicto relative thereto, as in tion; 1 Wend. 470.
trespass to their land, and in trover or reple
vin for their goods ; 2 Bla. Com. 182, 188; In actions ex delicto.
Bacon, Abr. Joint Ten. (K); 2 Salk. 205;
29 Barb. 29. Joint tenants may join in an Joint owners must, in general, join in an action for slander of the title to their estate ; action for a tortious injury to their property ; 3 Bingh. 455. They should be sued jointly, 1 Saund. 291 g; 6 Term, 766 ; 7 id. 297; 11 in trespass, trover, or case, for any thing reN. H. 141; in trover, for its conversion ; 5 specting the land held in common; 5 Term, East, 407; in replevin, to get possession ; 6 651; Comyns, Dig. Abatement (F 6); 1 Wms. Pick. 571 ; 8 Mo. 522; 15 Me. 245; or in Saund. 291 e. Joint tenants should join in an detinue, for its detention, or for injury to avowry or cognizance for rent; 3 Salk. 207; land; 3 Bingh. 455 ; 29 Barb. 9.
1 id. 390; or for taking cattle damage feasant; So may several owners who sustain a joint Bacon, Abr. Joint Ten. (K); or one joint tendamage; 1 W. & M. 223.
ant should avow in his own right, and as For injury to the person, plaintiffs cannot, bailiff to the other; 3 Salk. 207.
But a in general, join; 2 Wms. Saund. 117 a; tenant in common cannot avow the taking of Cro. Car. 512; Cro. Eliz. 472.
the cattle of a stranger upon the land damage Partners may join for slanders; 3 Bingh. feasant, without making himself bailiff or 452; 10 id. 270; 1 C. & K. 568; 8 C. & P. servant to his co-tenant; 2 H. Bla. 388, 389; 708; for false representations; 17 Mass. 182; Bacon, Abr. Replevin (K). injuring the partnership.
Master and servant, where co-trespassers, An action for the infringement of letters should be joined though they be not equally patent may be brought jointly by all the par. culpable; 2 Lev. 172; 1 Bingh. 418; 5 B. ties who at the time of the infringement were & Č. 559. Partners may join for a joint inthe holders of the title; i Gall. 429; 1 jury in relation to the joint property; 3 C. & McAll. 82.
P. 196. They may be joined as defendants In cases where several can join in the com- where property is taken by one of the firm mission of a tort, they may be joined in an for its benefit; 1 C. & M. 93; and where action as defendants ; 3 East, 62 ; 6 Taunt. the firm makes fraudulent representations as 29; 14 Johns. 462; 19 id. 381; as, in to the credit of a third person, whereby the trover; 1 Maule & S. 588; in trespass ; 2 firm gets benefit; 17 Mass. 182. Wms. 117 a; for libel; Broom, Part. 249,- Tenants common must join for a trespass not for slander; Cro. Jac. 647; in trespass ; upon the lands held in common; Littleton, 1 C. & M. 96.
$ 315; 15 Johns. 497 ; 8 Cow. 304; 28 Husband and wife must join in action for Me. 136; or for taking away their comdirect damages resulting from personal injury mon property; Cro. Eliz. 143; or for detainto the wife; 3 Bla. Com. 140; Iowa, 420; ing it; i Hill, N. Y. 234; or for a nuisance in detinue, for the property which was the to their estate ; 14 Johns. 246. wife's before marriage; 2 Tayl. 266 ; see 30 In CRIMINAL Cases. Two or more perAla. N. s. 582; for injury to the wife's pro sons who have committed a crime may be perty before marriage; 2 Jones, No. C. 59; jointly indicted therefor; 7 Gratt. 619; 6 where the right of action accrues to the wife McLean, 596; 10 Ired. 153 ; 8 Blackf. 205 ; in autre droit; Comyns, Dig. Baron & F. only where the offence is such that it
be (V); 11 Mod. 177; 2 B. & P. 407; and, committed by two jointly; 3 Sneed, 107. generally, in all cases where the cause of ac- They may have a separate trial, however, tion by law survives to the wife; 4 B. & Ald. in the discretion of the court; 15 III. 536; í 523 ; 10 Pick. 470; 35 Me. 89.
Park. Cr. Ca. 424; 7 Gratt. 619; 10 Cush. They may join for slander of the wife, if 530; 5 Strobh. 85; 9 Ala. N. s. 137; and
JOINT STOCK COMPANY
in some states as a matter of right; 1 Park. may have reposed in his co-executor: as, if Cr. Ca. 371.
he signs a receipt for 'money, in conjunction See Dicey, Parties ; Steph. Pl.
with another executor, and he receives no JOINT ACTION. An action brought part of the money, but agrees that the other by two or more as plaintiffs or against two or executor shall retain it, and apply it to his more as defendants. See 1 Parsons, Contr. ; own use, this is his own misapplication, for Actions ; JOINDER, § 1.
which he is responsible; 1 P. Wms. 241, n. JOINT BOND. The bond of two or 1; 1 Sch. & L. 341; 2 id. 231; 7 East, 256 ; more obligors, the action to enforce which 11 Johns. 16; 11 S. & R. 71; 5 Johns. Ch.
283. And see 2 Brown, Ch. 116; 3 id. 112. must be joint against them all.
Fonbl. Eq. b. 2, c. 7, s. 5, n. k. JOINT AND SEVERAL BOND. A Upon the death of one of several joint exebond of two or more obligors, who bind them-cutors, the right of administering the estate of selves jointly and severally to the obligees, the testator devolves upon the survivors;
3 Atk. who can sue all the obligors jointly, or any 509; Comyns, Dig. Administration (B 12). one of thein separately, for the whole amount, JOINT INDICTMENT. One indictbut cannot bring a joint action against part,- ment brought against two or more offenders, that is, treat it as joint as to some and seves charging the defendants jointly. It may be ral as to others. Upon the payment of the where there is a joint criminal act, without whole by one of such obligors, a right to con- any regard to any particular personal detribution arises in his favor against the other fault or defect of either of the defendants : obligors.
thus, there may be a joint indictment against JOINT CONTRACT. One in which the joint keepers of a gaming-house. i Ventr. the contractors are jointly bound to perform 302; 2 Hawk. Pl. Cr. 240. the promise or obligation therein contained, JOINT STOCK BANKS. In English or entitled to receive the benefit of such Law. A species of quasi corporations, or promise or obligation.
companies regulated by deeds of settlement. It is a general rule that a joint contract survives, whatever may be the beneficial interests tiov as other unincorporated bodies; but they
In some respects they stand in the same situaof the parties under it. When a partner, differ from the latter in this, that they are incovenantor, or other person entitled, having vested by certain statutes with powers and privia joint interest in a contract not running with leges usually incident to corporations. These the land, dies, the right to sue survives in the enactments provide for the continuance of the other partner, etc. ; i Dall. 65, 248; Addi- partnership notwithstanding a change of partson, Contr. 285. And when the obligation partner of his share, does not affect the identity
The death, bankruptcy, or the sale by a or promise is to perform something jointly by of the partnership; 'it continues the same body, the obligors or promisors, and one dies, the under the same name, by virtue of the act of action must be brought against the survivor ; parliament, notwithstanding these changes. 7 Hamm. Partn. 156; Barb. Partn.
Geo. IV. c. 46, s. 9. When all the parties interested in a joint JOINT STOCK COMPANY. An assocontract die, the action must be brought by ciation of individuals for purposes of profit, the executors or administrators of the last possessing a common capital contributed by surviving obligee against the executors or the members composing it, such capital being administrators of the last surviving obligor; commonly divided into shares, of which each Add. Contr. 285. See CONTRACTS; PAR- member possesses one or more, and which are TIES TO Actions; Co-OBLIGOR.
transferable by the owner. The business of JOINT EXECUTORS. Those who are the association is under the control of certain joined in the execution of a will.
selected individuals, called directors; such Joint executors are considered in law as
an association was, at common law, merely but one person representing the testator; a large partnership; Shelford, Joint si. and, therefore, the acts of any one of them, Comp. 1. A quasi partnership, invested by which relate either to the delivery, gift, sale, statutes, in England and many of the states, payment, possession, or release of the tes with some of the privileges of a corporation. tator's goods, are deemed, as regards the
See 10 Wall. 556; L. R. 4 Eq. 695.
persons with whom they contract, the acts of all;
There is in such a company no dilectus perBacon, Abr.; 11 Viner, Abr. 358 ; Comyns, sonarum, that is, no choice about admitting Dig. Administration (B 12); 1 Dane, Åbr. partners; the shares into which the capital is 583; 2 Litt. Ky. 315 ; Dy. 23, in marg. ; 16 divided are transferable at the pleasure of the S. & R. 337. But an executor cannot, with person holding them, and the assignee becomes out the knowledge of his co-executor, confess a partner by virtue of the transfer, and the a judgment for a claim part of which was rights and duties of the partners or members barred by the act of limitations, so as to bind are determined by articles of association, or, the estate of the testator; 6 Penn. 267. in England, by a deed of settlement. A
As a general rule, it may be laid down partnership whereof the capital is divided, or that each executor is liable for his own wrong agreed to be divided, into shares so as to be or devastarit only, and not for that of his cola transferable without the express consent of league. He may be rendered liable, how all the co-partners. 1 Parsons, Contr. 121. ever, for the misplaced confidence which he The 7 & 8 Vict. includes within the term joint
company all life, fire, and marine insur- trustees, if the receipt be given for the mere ance companies, and every partnership con- purposes of form. But if receipts be given sisting of more than twenty-five members. under circumstances purporting that the In this country, where there were formerly money, though not received by both, was no statutes providing for joint stock com- under the control of both, such a receipt panies, they were rather to be regarded as shall charge, and the consent that the other partnerships ; 2 Lindl. Part. 1083; 63 Penn. shall misapply the money, particularly where 273; 3 Kent, 262. Statutes regulating the he has it in his power to secure it, renders formation of these companies exist in New him responsible ; 11 S. & R. 7k See 1 York, Massachusetts, and Maine. In New Sch. & L. 341; 5 Johns. Ch. 283 ; Bac. York they have all the attributes of a cor- Abr. Uses and Trusts, K; 2 Brown, Ch. poration, except the right to have and use a 116; 3 id. 112. common scal, and an action is properly
JOINTRESS, JOINTURESS. A wobrought for or against the president or treas. man who has an estate settled on her by her urer; 74 N. Y. 234; but it has been held husband, to hold during her life, if she surthat a company formed under the New York vive him. Co. Litt. 46. law, is not a corporation, but must be sued as a partnership; 128 Mass. 445; 60 Me. 468; both husband and wite. A competent liveli,
JOINTURE. A joint estate limited to contra, 50 Barb. 157; 6 N. Y. 542. English joint stock company, however, is held hood of freehold for the wife, of lands and to be a corporation in this country; 10 Wall. tenements, to take effect, in profit or posses566; see infra. The words, joint stock for the life of the wife at least.
sion, presently after the death of the husband, company, in the Massachusetts statutes, refer to companies organized under the general Hen. VIII. c. 10, commonly called the stat
Jointures are regulated by the statute of 27 laws as corporations ; 121 Mass. 524.
ute of uses. “A joint stock company in this case a fire insurance company) which by its deed of circumstances must concur, namely: It must
To make a good jointure, the following settlement in England and certain acts of parliament is endowed with the faculties and from the death of the husband. It must be
take effect, in possession or profit, immediately
to any other person in trust for her.
jointure attended with all these circumstances sue and be sued by it. 4. A provision for its bar to the claim of dower; or, rather, it preperpetuity by transfer of its shares, so as to vents its ever arising. But there are other secure succession of membership. Such corporations, whether organized under the laws Lord Coke says, are good jointures within
modes of limiting an estate to a wife, which, of a state of the Union, or a foreign govern- the statute, provided the wife accepts of them ment, may be taxed by another state, for the after the death of the husband. "She may, privilege of conducting their corporate busi
however, reject them, and claim her dower; ness within the latter." 10 Wall. 566. See Shelf. ; Steph.; Joint St. Co.; Lindl. Parnt. its more erfarged sense, a jointure signifies a
Cruise, Dig. tit. 7; 2 Bla. Com. 137. JOINT TENANTS. Two or more per-joint estate limited to both husband and wife; sons to whom are granted lands or tenements 2 Bla. Com. 137. See 14 Viner, Abr. 540; to hold in fee-simple, fee-tail, for life, for Bacon, Abr. ; _2 Bouvier, Inst. n. 1761 et years, or at will. 2 Bla. Com. 179. The seq.; Washb. R. P. estate which they thus hold is called an estate JOUR. A French word, signifying day. in joint tenancy. See Estate in Joint It is used in our old law-books: as, tout jours, TENANCY; Jus ACCRESCENDI; Survivor. forever. It is also frequently employed in JOINT TRUSTEES. Two or more per
the composition of words: as, journal, a daysons who are intrusted with property for the book; journeyman, a man who works by the benefit of one or more others.
day; journeys account. Unlike joint executors, joint trustees can- JOURNAL. In Maritime Law. The not act separately, but must join both in book kept on board of a ship or other vessel conveyances and receipts; for one cannot sell which contains an account of the ship's without the others, or receive more of the course, with a short history of every occur consideration-money or be more a trustee rence during the voyage. Another name for than his partner. The trust having been log-book. Chitty, Law of Nat. 199. given to the whole, it requires their joint act In Commercial Law. A book used to do anything under it. They are not re- among merchants, in which the contents of sponsible for money received by their co | the waste-book are separated every month,