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LEGAL DEFINITIONS C#

A COLLECTION OF WORDS AND PHRASES AS
APPLIED AND DEFINED BY THE COURTS,
LEXICOGRAPHERS AND AUTHORS

OF BOOKS ON LEGAL SUBJECTS

COMPILED AND ARRANGED BY
BENJAMIN W. POPE
OF THE PERRY COUNTY (ILLINOIS) BAR

IN TWO VOLUMES

VOLUME II

CHICAGO
CALLAGHAN AND COMPANY

1920

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The letters "J. P." indicate the office

JEOPARDY. of justice of the peace. Rowley v. Berrian, 12 Ill. 200.

The acquittal or conviction of a person These characters are understood to be accused of a crime by a tribunal which is an abbreviation of the term “justice of wanting in jurisdiction and authority to the peace,” and are in common use, adjudicate and render a valid judgment clearly indicating that that office is in- in the premises does not constitute a bar tended. Shattuck v. People, 5 Ill. 481. to the further prosecution of the accused,

and jeopardy does not attach at any stage JAILER.

in such a proceeding. Paulsen v. The Peo

ple, 195 Ill. 514. "The appointment of a jailer is dis

The trial and jeopardy begin when the cretionary with the sheriff, and when ap

accused has been arraigned and the jury pointed, he is but the deputy of the sher

empaneled and sworn. May on Crim. iff, and accountable to the sheriff.” Gott

Law, sec. 117. Even after the jury has F. Douglas County, 132 Ill. 323, citing

been sworn, the trial completed and the Scibert v. Logan County, 63 Ill. 156;

cause submitted to the jury, if for good L'nion County v. Patton, 63 Ill. 458.

cause, such as failure to agree, sickness

of a juror or the expiration of the term of JANITOR.

court, the judge should discharge the jury

without a verdict, the prisoner could not Under the State Civil Service Act, con

plead a former jeopardy to a second trial sidered in connection with the Appropri

for such offense. ation Act of 1913, a janitor whose pay is

State v. Vaughan, 29

Iowa 286; State v. Woodson, 50 Ind. 487; provided for in such act is an employee in

Simmons v. United States, 142 U. S. 148; the classified service and not a common

O'Donnell v. The People, 224 Ill. 222, laborer. The People v. Stevenson, 272

223. III. 219.

Jeopardy is the situation of a pris

oner when a trial jury is impaneled and JAPANESE SHELL.

sworn to try his case upon a valid indictA round ball containing an explosive ment or information. To put him twice composition. Consolidated, etc., Co. v. in jeopardy, he must be again put upon Koehl, 190 Ill. 147.

his trial for thọ same offense, before & Pope-1

813

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JETTISON.

''Jettison,' in its largest sense, signifies any throwing overboard; but, in its ordinary sense, it means throwing overboard for the preservation of the ship and cargo, and most jurists treat of it in this sense under the head of general average." Per Abbott, C. J., Butler v. Wildman, 3 B. & Ald. 400, Termes de la Ley, Jetsam.

If the terms, 'joined to and immediately connected with' [in a statute defining arson), both refer to the position of the buildings, and not to the uses to which they are applied, as is probably correct, then each helps to define the other, and to show that both were used, as well as the words ‘part of the dwelling-house,' so as, by an accumulation of words of nearly the same meaning, to secure the construction which each phrase was intended to have, an actual contact.” Peverelly v. People, 3 Park Cr. R. 72.

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JEWELRY

A watch and chain are not jewelry. Weadock v. Swart, 163 Mich. 602.

JOINDER IN ERROR.

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JOIN AND UNITE.

A joint adventure may be defined as

an association of two or more persons to Paragraph 6 of section 119 of the Rail- carry out a single business enterprise for roads Act of 1874, empowering railroads profit. Fletcher V. Fletcher, 206 Mich. to cross, intersect, "join and unite" its 153. railways with any other railways, was in- While it is true that, at common law, tended, by the quoted expression, to au- co-adventurers in an enterprise were recthorize merely the bringing together and ognized in courts only when the element forming of a physical union or connection of partnership was disclosed and upon between the tracks of a proposed road proof of the essentials of a partnership, and those of one already built, and does this is not the law at the present time, not refer to the joint use of any property, and, although courts in modern times do

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