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LAW DICTIONARY,

ADAPTED TO THE

CONSTITUTION AND LAWS

OF THE

UNITED STATES OF AMERICA,

AND OF THE

Seberal States of the Kmerican Qinion:

WITI

REFERENCES TO THE CIVIL AND OTHER SYSTEMS OF FOREIGN LAW.

BY

JOHN BOUVIER.

Ignoratis terminis ignorator et ars.--Co. LITT. 2 &.
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.

PHILADELPHIA:

J. B. LIPPINCOTT COMPANY.

•1891.

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

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

Entered according to Act of Congress, in the year 1843, 7,

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

Eatered according to Act of Cougress, in the year 1848, 7

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, TRUBTEES, 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

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

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

-

A

LAW

DICTIONARY.

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The term is used in this sense in the act este

note.

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. 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. JACTOS (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 Rhodia de jactu; 1 Pardessus, Collec. des

JEOPARDY. Peril; danger, Lois 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 effect

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 in the custody of the sheriff. Webster, Dict. shall suffer death.” 3 Story, Laws U. S. 1992. 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 extente por upon a valid indictment, and such jury has country; thus, we say a state's prison and a

been charged with his deliverance. 1 Bail. county jail. Originally, a jail seems to have 655; 7 Blackf. 191; 1 Gray, 490; 38 Me. been a place where persons were contine daye 574, 586 ; 23 Penn. 12; 12 Vt. 93. await further proceeding—e. g., debtors till they paid their debts, witnesses and accused the United States constitution : "no person 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, 14. Const. art. v. Amend., and in the statutes or

jail is an inhabited dwelling-house, and a Bolase within the statutes against arson; 2 W. binds only the United States 2 Cow. 819; 5 Ct. 1020; 2 Cox, Cr. Cas. 65; 18 Johns, constitutional provisions , in England it is said Bela. 682 ; 1 Leach, 4th ed. 69. East, P1: How. 410; contra, 2 Pick. 621; is Johns: 187. ' In 195; 4 Call, 109; 4 Leigh, 683. See GAOL; not to be one of those principles which lie at the

foundation of the law, but to be a matter of pracJAMUNDILINGI.

tice, which has fluctuated at various times, and Freemen who delivered themselves and pro- wohnical eremas not finally settled ; per Cockburn, perty to the protection of a more powerful C. J., in L. R. 1 Q. B. 289.

(3) 207451

See Baldw. 93-95.

This is the sense in which the term is used in

as punishment.

constitutions of most if not all of the states.

JAMUNLINGI,

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