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REFERENCES TO THE CIVIL AND OTHER SYSTEMS OF FOREIGN LAW.

BY

C. L. CARTER,
LAW OFFICE.
ROOM 8, ANDERSON BL'K.
TOLEDO, OHIO

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.

FIFTEENTH EDITION, THOROUGHLY REVISED AND GREATLY ENLARGED.

VOL. II.

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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.

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.

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.

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

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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 to each other.

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 Bla. Com. 93; 2 Hagg. Cons. 423, 285; 2 Chitty, Pr. 459. JACTURA (Lat. jaceo, to throw). jettison.

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JACTUS (Lat.). A throwing goods overboard to lighten or save the vessel, in which case the goods so sacrificed are a proper subject for general average. Dig. 14. 2, de lege Rhodia de jactu; 1 Pardessus, Collec. des Lois marit. 104 et seq.; Kuricke, Inst. Marit. Hanseat. tit. 8; 1 Parsons, Mar. Law, 288,

note.

JAIL, GAOL (fr. Lat. caveola, a cage for birds). A place for the confinement of persons arrested for debt or for crime and held in the custody of the sheriff. Webster, Dict. It may be used also for the confinement of witnesses; and, in general, now there is no distinction between a jail and a prison, except that the latter belongs to a greater extent of country; thus, we say a state's prison and a county jail. Originally, a jail seems to have been a place where persons were confined to await further proceeding-e. g., debtors till they paid their debts, witnesses and accused persons till a certain trial came on, etc.-as opposed to prison, which was for confinement, as punishment.

A jail is an inhabited dwelling-house, and a house within the statutes against arson; 2 W. Bla. 682; 1 Leach, 4th ed. 69; 2 East, Pl. Cr. 1020; 2 Cox, Cr. Cas. 65; 18 Johns, 115; 4 Call, 109; 4 Leigh, 683. See GAOL; PRISON.

JAMUNLINGI, JAMUNDILINGI. Freemen who delivered themselves and property to the protection of a more powerful

JEOFAILE (L. Fr.). I have failed; I am in error.

Certain statutes are called statutes of amendments and jeofailes, 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 Bla. Com. 407; 1 Saund. 228, n. 1; Doct. Pl. 297; Dane, Abr. These statutes do not apply to indictments.

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This provision in the constitution of the U. S.

binds only the United States; 2 Cow. 819; 5 this country this rule depends in most cases on How. 410; contra, 2 Pick. 521; 18 Johns. 187. In constitutional provisions; in England it is said not to be one of those principles which lie at the foundation of the law, but to be a matter of practice, which has fluctuated at various times, and which even at the present day may perhaps be considered as not finally settled; per Cockburn, C. J., in L. R. 1 Q. B. 289.

(3)

The constitutional provision, which refers to "life or limb," properly interpreted, extends only to treason and felonies, but it has usually been extended to misdemeanors; 1 Bish. Cr. L. § 990; 26 Ala. 135; but not to proceedings for the recovery of penalties, nor to applications for sureties of the peace; 1 Bish. Cr. L. § 990.

A person is in legal jeopardy when he is put upon trial, before a court of competent jurisdiction, upon indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance; Cooley, Const. Lim. 404; approved in 9 Bush, 333; 21 Alb. L. J. 398. If, however, the court had no jurisdiction of the cause; 7 Mich. 161; or

if the indictment was so defective that no valid judgment could be rendered upon it; 36 Ga. 447; 105 Mass. 53; or if by any overruling necessity the jury are discharged without a verdict; 9 Wheat. 579; 68 N. C. 203; or if the term of the court comes to an end before the trial is finished; 5 Ind. 290; or the jury are discharged with the consent of the defendant, express or implied; 9 Metc. 572; or if after verdict against the accused, it has been set aside on his motion for a new trial or on writ of error, or the judgment thereon has been arrested; 13 Johns. 351; 8 Kans. 232; s. c. 12 Am. Rep. 469, n.; in these cases, the accused may again be put upon trial and the proceedings had will constitute no protection; Cooley, Const. Lim. 405. But if a prisoner has been indicted for murder, convicted of murder in the second degree, and afterwards granted a new trial on his own motion, he cannot, on the second trial, be convicted of a higher crime than murder in the second degree; 33 Wisc. 121; s. c. 14 Am. Rep. 748, n. 35 Mo. 105: 11 Iowa, 352; contra, 20 Ohio St. 572; 8 Kans. 232; s. c. 12 Am. Rep. 469, n. Where the indictment was good and the judgment erroneously arrested, the verdict was held to be a bar; 2 Yerg. 24. Where a prisoner during his trial fled the jurisdiction, and it became necessary to discharge the jury, it was held that he was never in jeopardy; 13 Reporter, 105 (S. C. of Cal.). See DISCHARGE OF A JURY.

JERGUER. In English Law. An officer of the custom-house, who oversees the waiters. Techn. Dict.

JETTISON, JETSAM. The casting out of a vessel, from necessity, a part of the lading. The thing so cast out.

It differs from flotsam in this, that in the latter the goods float, while in the former they sink, and remain under water. It differs also from ligan.

The jettison must be made for sufficient cause, and not for groundless timidity. It 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.

If the residue of the cargo be saved by such sacrifice, the property saved is bound to

Marsh.

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. Ins. 246; 3 Kent, 185-187; Park. Ins. 123; Pothier, Charte-partie, n. 108 et suiv.; BoulayPaty, Dr. Com. tit. 13; Pardessus, Dr. Com. n. 734; 1 Ware, 9. The owner of a cargo jettisoned has a maritime lien on the vessel for the contributory share from the vessel on an adjustment of the average, which may be enforced by a proceeding in venue in the admiralty; 19 How. 162; 2 Pars. Marit. Law, 373. See AVERAGE; ADJUSTMENT.

JEUX DE BOURSE. In French Law.

A kind of gambling or speculation, which consists of sales and purchases 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 Pardessus, Droit Com. n. 162.

JOB. 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 Duranton, du Contr. de Louage, liv. 3, t. 8, nn. 248, 263; Pothier, Contr. de Louage, nn. 392, 394; DEVIATION.

JOBBER. In Commercial Law. One

who buys and sells articles for others. Stockjobbers are those who buy and sell stocks for who speculate in stocks on their own account. others. This term is also applied to those

JOCALIA (Lat.). 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 Rolle, Abr. 911.

JOINDER. In Pleading. Union; con

currence.

Of Actions. IN CIVIL CASES. The union of two or more causes of action in the same declaration.

At common law, to allow a joinder, the form of actions must be such that the same plea may be pleaded and the same judgment given on all the counts of the declaration, or, the counts being of the same nature, that the same judgment may be given on all; 2 Saund. 177 c; 1 Term, 276; Comyns, Dig. Actions (G); 16 N. Y. 548; 6 Du. N. Y. 43; 4 Cal. 27; 12 La. An. 873; 33 N. H. 495. And all the causes of action must have accrued to the plaintiff or against the defendant; 12 La. An. 44; in the same right, though it may have been by different titles. Thus, a plaintiff cannot join a demand in his own right to one as representative of another person, or against the defendant himself to one against him in a representative capacity; 2 Viner,

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IN CRIMINAL CASES. Different offences of the same general nature may be joined in the same indictment; 1 Chitty, Cr. Law, 253, 255; 29 Ala. N. s. 62; 10 Cush. 530; 28 Miss. 267; 4 Ohio St. 440; 6 McLean, 596; 4 Denio, 133; 18 Me. 103; 1 Cheves, 103; 4 Ark. 56; see 14 Gratt. 687; and it is no cause of arrest of judgment that they have been so joined; 29 E. L. & Eq. 536; 29 N. H. 184; 11 Ga. 225; 8 W. & M. 164; see 1 Strobh. 455; but not in the same count; 5 R. I. 385; 24 Mo. 353; 1 Rich. 260; 4 Humphr. 25; and an indictment may be quashed, in the discretion of the court, where the counts are joined in such manner as will confound the evidence; 17 Mo. 544; 19 Ark. 563, 577; 20 Miss. 468.

No court, it is said, will, however, permit a prisoner to be tried upon one indictment for two distinct and separate crimes; 29 N. H. 184. See 5 S. & R. 59; 12 id. 69; 10 Cush. 530.

In Demurrer. The answer made to a demurrer. Co. Litt. 71 b. The act of making such answer is merely a matter of form, but must be made within a reasonable time; 10 Rich. 49.

Of Issue. 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.

Of Parties.

IN CIVIL CASES.
IN EQUITY.

All parties materially interested in the subject of a suit in equity should be made parties, however numerous; Mitf. Eq. Plead. 144; 2 Eq. Cas. Abr. 179; 3 Swanst. 139; 1 Pet. 299; 2 id. 482; 13 id. 359; 7 Cra. 72; 2 Mas. 181; 5 McLean, 444; 2 Paine, 536; 1 Johns. Ch. 349; 2 Bibb, 184; 24 Me. 20; 3 Vt. 160; 7 Conn. 342; 11 Gill & J. 426; 4 Rand. 451; 1 Bail. Ch. 384; 7 Ired. Eq. No. C. 261; 2 Stew. Ala. 280; 6 Blackf. 223. But, where the parties are very numerous, a portion may appear for all in the same situation; 16 Ves. 321; 16 How. 288; 11 Conn. 112; 3 Paige, Ch. 222; 19 Barb. 517.

Mere possible or contingent interest does not render its possessor a necessary party; 6

JOINDER

Wheat. 550; 3 Conn. 354; 5 Cow. 719. And see 3 Bibb, 86; 6 J. J. Marsh. 425.

There need be no connection but community of interests; 2 Ala. N. s. 209.

Plaintiffs.

All persons having a unity of interest in the subject-matter; 3 Barb. Ch. 397; 2 Ala. N. s. 209; and in the object to be attained; 2 Iowa, 55; 3 id. 443; who are entitled to relief; 14 Ala. N. s. 135; 17 id. 631; may join as plaintiffs. The claims must not arise under different contracts; 8 Pet. 123; 5J.J. Marsh. 154; 6 id. 33; or to the same person in different capacities; 1 Busb. Eq. 196. And see 1 Paige, Ch. 637; 4 id. 23; 5 Metc. Mass. 118.

Assignor and assignee. The assignor of a contract for the sale of lands should be joined in a suit by the assignee for specific performance; 3 Sandf. Ch. 614; and the assignor of part of his interest in a patent in a suit by assignee for violation; 3 McLean, 350.

But he should not be joined where he has parted with all his legal and beneficial interest; 32 Me. 203, 343; 13 B. Monr. 210. The assignee of a mere chose in action may sue in his own name, in equity; 17 How. 43; 5 Wisc. 270; 6 B. Monr. 540; 7 id. 273.

A cor

Corporations. Two or more may join if their interest is joint; 8 Ves. 706. poration may join with its individual members to establish an exemption on their behalf; 3 Anstr. 738.

Husband and wife must join where the husband asserts an interest in behalf of his wife; 6 B. Monr. 514; 3 Hayw. 252; 5 Johns. Ch. 196; 9 Ala. 133: as, for a legacy; 5 Johns. Ch. 196; or for property devised or descended to her during coverture; 5 J. J. Marsh. 179, 600; or where he applies for an injunction to restrain a suit at law against both, affecting her interest; 1 Barb. Ch. 313.

Idiots and lunatics may be joined or not in bills by their committees, at the election of the committee, to set aside acts done by them whilst under imbecility; 1 Ch. Cas. 112; 1 Jac. 377; 7 Johns. Ch. 139. They must be joined in suits brought for the partition of real estate; 3 Barb. Ch. 24. In England it seems to be the custom to join; 2 Vern. 678. See Story, Eq. Pl. § 64, and note; Story, Eq. Jur. § 1336, and note.

Infants. Several may join in the same bill for an account of the rents and profits of their estate; 2 Bland, Ch. 68.

Trustee and cestui que trust should join in a bill to recover the trust fund; 5 Dana, 128; but need not to foreclose a mortgage; 5 Ala. 447; 4 Abb. Pr. 106; nor to redeem one made by the trustee; 2 Gray, 190. And see 3 Edw. Ch. 175; 7 Ala. N. s. 386.

Defendants.

In general, all persons interested in the subject-matter of a suit who cannot be made plaintiffs should be made defendants. They

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