Gambar halaman
PDF
ePub

Toullier exposes the want of utility and exactness in this division of distributive and commutative justice, adopted in the compendium or abridgments of the ancient doctors, and prefers the division of internal and external justice; the first being a conformity of our will, and the latter a conformity of our actions to the law: their union makes perfect justice. Exterior justice is the object of jurisprudence; interior justice is the object of morality. , Dr. Civ. Fr. tit. prel. n. 6 et 7.

According to the Frederician code, part 1, book 1, tit. 2, s. 27, justice consists simply in letting every one enjoy the rights which he has acquired in virtue of the laws. And as this definition includes all the other rules of right, there is properly but one single general rule of right, namely, Give every one his men.

See generally, Puffend. Law of Nature and Nations, B. 1, c. 7, s. 89; Elementorum Jurisprudential universalis, lib. 1, definito, 17, 3, 1; Gro. lib. 2, c. 11, s. 3; Ld. Bac. Read. Stat. Uses, 306; Treatise of Equity, B. 1, c. 1, s. 1.

JUSTICES, judges. Officers appointed by a competent authority to administer justice. They are so called because in ancient times the Latin word for judge was jus/itia. This term is in common parlance used to designate justices of the peace.

JUSTICES IN EYRE, were certain judges., established if not first appointed, A. D. 1176, 22 Hen. 2. England was divided into certain circuits, and three justices in eyre, or justices itinerant, as they were sometimes called, were appointed to each district, and made the circuit of the kingdom once in seven years for the purpose of trying causes. They were afterwards directed by Magna Carta, c. 12, to be sent into every county once a year. The itinerant

justices were sometimes mere justices of assise or dower, or of general gaol delivery, and the like. 3 Bl. Com. 58, 9; Crabb's Eng. Law, 103, 4. Vide Eire.

JUSTICES OF THE PEACE, are public officers invested with judicial powers for the purpose of preventing breaches of the peace, and bringing to punishment those who have violated the law. These officers, under the constitution of the United States and some of the states, are appointed by the executive; in others they are elected by the people, and commissioned by the executive. In some states they hold their office during good behaviour, in others for a limited period.

At common law justices of the peace have a double power in relation to the arrest of wrong-doers; when a felony or breach of the peace has been committed in their presence, they may personally arrest the offender, or command others to do so; and in order to prevent the riotous consequences of a tumultuous assembly, they may command others to arrest affrayers, when the affray has been committed in their presence. When the magistrate is not present when a crime is committed, before he can take a step to arrest the offender, an oath or affirmation must be made before him by some person cognizant of the fact, that the offence has been committed, and that the person charged is the offender, or there is probable cause to believe that he has committed the offence. The constitution of the United States directs, that "no warrants shall issue, but upon probable cause, supported by oath or affirmation." Amendm. IV. After his arrest, the person charged is brought before the justice of the peace, and after hearing he is discharged, held to bail to answer to the complaint, or, for want of bail, committed to prison.

In some, perhaps all the United States, justices of the peace have jurisdiction in civil cases, given to them by local regulations. In Pennsylvania their jurisdiction in cases of contracts, express or implied, extends to one hundred dollars.

Vide, generally, Burn's Justice; Graydon's Justice; Bache's Manual of a Justice of the Peace; Com. Dig. h. t.; 15 Vin. Ab. 3; Bac. Ab. h. t.; 2 Sell. Pr. 70; 2 Phil. Ev. 239; Chit. Pr. h. t.; Amer. Dig. h. t.

JUSTICIAR or JUSTICIER. A judge or justice; the same as justiciary, (q. v.)

JUSTICIARY ITENERANTES, Eng. law, were formerly justices who were so called because they went from county to county to administer justice. They were usually called justices in eyre, to distinguish them from justices residing at Westminster, who were cal led justicii residentes. Co. Litt. 293. Vide Itenerant.

JUSTICIARII RESIDENTES, Eng. law, were justices or judges who usually resided in Westminster; they were so called to distinguish them from justices in eyre. Co. Litt. 293. Vide Justiciarii Itenerantes.

JUSTICIARY, officer, another nome for a judge. In Latin he was called justiciarius, and in French justicier. Not used. Bac. Ab. Courts and their jurisdiction, (A).

JUSTIFIABLE HOMICIDE,— crim. law, is the killing of a human being in consequence of an imperious duty prescribed by law, as hanging a man lawfully sentenced to be hung; or it is when the killing is owing to some unavoidable necessity induced by the act of the party killed, without any manner of fault in the party killing. 1 East, P. C. 219; Hawk. B. 1, c. 28, s. 1, n. 22.

JUSTIFICATION, pleading, is the maintaining and showing a good and legal reason in court why a party charged did the thing he is called upon to answer for. Vide for justification in cases of slander, Com. Dig. Pleader, 2 L 3 to 2 L 7; in cases of trespass, 15 East, R. 615, note (e); 2 Lill. Ab. 134; 15 Vin. Ab. 31; Dane's Ab. Index, h. t. When the plea of justification is supported by evidence, it is a bar to the action. But a foreign minister cannot waive his privilege or immunities, and his submission or consent to an arrest is no justification. U. S. v. Benner, 1 Bald. 240. Vide Excuse.

JUSTIFICATORS. A kind of compurgators, or those who by oath justified the innocence or oaths of others, as in the case of wagers of law.

JUSTIFYING BAIL, practice, is the production of bail in court, who there justify themselves against the exception of the plaintiff.

[ocr errors][merged small][merged small]

pendent of the commonwealth of Virginia. And by the second section, it is enacted, that upon the aforesaid first day of June, 1792, the said new state, by the name and style of the State of Kentucky, shall be received and admitted into the Union, as a new and entire member of the United States of America.

The constitution of this state was adopted the 17th day of August, 1799. The powers of the government are divided into three distinct departments, and each of them is confided to a separate body of magistracy, to wit: those which are legislative to one; those which are executive, to another; and those which are judiciary, to another.

1st. The legislative power is vested in two distinct branches; the one styled the house of representatives, and the other the senate; and both totogether, the general assembly of the commonwealth of Kentucky. 1. The house of representatives is elected yearly, and consists of not less than fifty-eight nor more than one hundred members. 2. The members of the senate are elected for four years. The senate consists of twenty-four members at least, and for every three members above fifty-eight, which shall be added to the house of representatives, one member shall be added to the senate.

2. The executive power is vested in a chief magistrate, who is styled the governor of the commonwealth of Kentucky. The governor is elected for four years. He is commanderin-chief of the army and navy of the commonwealth, except when called into actual service of the United States. He nominates, and with the consent of the senate, appoints all officers, except those whose appointment is otherwise provided for. He is invested with the pardoning power, except in certain cases, as impeachment and treason. A lieutenant

governor is chosen at every election for governor, in the same manner, and to continue in office for the same time as the governor. He is, ex officio, speaker of the senate, and acts as governor when the latter is impeached, or removed from office, or dead, or refuses to qualify, resigns, or is absent from the state.

3d. The judicial power, both as to matters of law and equity, is vested in one supreme court, styled the court of appeals, and in such inferior courts as the general assembly may, from time to time erect and establish. The judges hold their office during good behaviour.

KEY, estates. A wharf at w hich to land or load goods from or in a vessel. This word is now generally spelled Quay, from the French, quai.

KEYAGE, a toll paid for loading and unloading merchandize at a key or wharf.

KEY. An instrument made for opening a lock. The keys of a house are considered as real estate, and descend to the heir with the inheritance. When the keys of a warehouse are delivered to a pur. chaser of goods locked up there, with a view of effecting a delivery of such goods, the delivery is complete. The doctrine of the civil law is the same. Dig. lib. 41, t. 1, 1. 9, § 6; and lib. 18, t. 1,1. 74.

KEELAGE, the right of demanding money for the bottom of ships resting in a port or harbour. The money so paid, is also called keelage.

KEELS. This word is applied, in England, to vessels employed in the carriage of coals. Jacob, L. D.

KIDNAPPING. The forcible and unlawful abduction and conveying away of a man, woman, or child, from his or her home, without his or her will or consent, and sending such person away, with an intent to deprive him or her of some right. This is an offence at common law.

KILDERKIN. A measure of ca pacity, equal to eighteen gallons. See Measure.

KINDRED, relations by blood. Nature has divided kindred of every one into three principal classes. 1 His children and their descendants; 2, his father, mother and other ascendants; 3, his collateral relations, which include, in the first place, his brothers and sisters and their descendants; and, secondly, his uncles, cousins and other relations of either sex, who have not descended from a brother or sister of the deceased. All kindred then are descendants, ascendants or collaterals-.--. A husband or wife of the deceased, therefore, is not his or her kindred. 14 Ves. 372; vide Wood's Inst. 50; Ayl. Pa*rer<?. 325; Dane's Ab. h. t.; Toll. Ex. 382, 3; 2 Chit. Bl. Com. 516, n. 59j Poth. Des Successions, ch. 1, art. 3.

KING. The chief magistrate of a kingdorrrf--vested usually with the executive power.

The'1bllowing table of the reigns of English and British kings and queens, commencing with the Reports, is added to assist the student in many points of chronology.

Accession.

Henry III., . . . 1216 Edward I., . . . . 1272 Edward II., . . .1307 Edward III., ... 1327 Richard II., . . . 1377 Henry IV., . . . .1399 Henry V., . . . 1413

Henry VI 1422

Edward IV., . . .1461 Edward V., . . . 1483 Richard III., . . . 1483 Henry VII., . . .1485 Henry VIII., . . . 1509

Edward VI 1547

Mary, . . . .1553 Elizabeth, .... 1558 James I., . . .' . 1603 Charles I., .... 1625

Charles II., . . .i860 James II., .... 1665 William III., . . . 1689 Anne, .... 1702

George I., . 1714 George II., .... 1727 George III., . . . 1760 George IV., . . . 1820 William IV., . . . 1830 Victoria, . . . .1837

Vide article Reports.

KING'S BENCH. The name of the supreme court of law in England. It is so called because formerly the king used to sit there in person, the style of the court being still coram ipso rege, before the king himself. During the reign of a queen, it is called the Queen's Bench, and during the protectorate of Cromwell, it was called the Upper Bench. It consists of a chief justice, and three other judges who are, by their office, the principal coroners and conservators of the peace. 3 Bl. Com. 41.

This court has jurisdiction in criminal matters, in civil causes, and is a supervisory tribunal to keep other jurisdictions within their proper bounds. 1. Its criminal jurisdiction extends over all offenders, and not only over all capital offences but also over all other misdemeanors of a public nature; it being considered the custos morum of the realm. Its jurisdiction is so universal that an act of parliament appointing that all crimes of a certain denomination shall be tried before certain judges, does not exclude the jurisdiction of this court, without negative words. It may also proceed on indictments removed into that court out of the inferior courts by certiorari. 2. Its civil jurisdiction against the officers or ministers of the court entitled to its privilege, 2 Inst. 23; 4 Inst. 71; 2 Bulstr. 123; and against prisoners for trespasses. In these last cases a declaration may be filed against them in debt, covenant or account; and this is done also upon the notion of a privilege, because the common pleas could not obtain or procure the prisoners of the king's bench to appear in their court. 3. Its supervisory powers extend, 1, to issuing writs of error to inferior jurisdiction, and affirming or reversing their judgments; 2, to issuing writs of mandamus to compel inferior officers and courts to perform the duties required of them by law. Bac. Ab. Court of King's Bench.

[graphic]
[graphic][merged small]

KIRBY'S QUEST. An ancient record remaining with the remembrancer of the English Exchequer, so called from being the inquest of John De Kirby, treasurer to Edw. I.

KINTLIDGE, mere. law. This term is used by merchants and seafaring men to signify a ship's ballast. Merc. Diet.

KNAVE. A false dishonest , or deceitful person. This signification of the word has arisen by a long perversion of its original meaning. To call a man a knave has been held to be actionable. 1 Rolle's Ab. 52; 1 Freem. 277.

KNIGHT'S FEE, old Eng. late, is an uncertain measure of land, but, according to some opinions is said to contain six hundred and eighty acres. Co. Litt. 69 a.

KNIGHT'S SERVICE, Engl, law, was a tenure of lands. Those

who held by knight's called "milites qui per loricas terras suos defendunt;" soldiers who defend the country by their armour. The incidents of knight's service were homage, fealty, warranty, wardship, marriage, reliefs, heriots, aids, escheats, and forfeiture. Vide Socage.

KNOWINGLY, pleadings. The word " knowingly," or "well knowing," will supply the place of a positive averment in an indictment or declaration, that the defendant knew the facts subsequently stated; if notice or knowledge be unnecessarily stated, the allegation may be rejected as surplusage. Vide Com. Dig. Indictment, G 6; 2 Stra. 904; 2 East, 452; 1 Chit. PL *376. Vide Scienter. q

KNOWLEDGE. Information as to a fact. Many acts are perfectly innocent when the party performing them is not aware of certain circumstances attending them; for example, a man may pass a counterfeit note and be guiltless if he did not know it was so; he may receive stolen goods if he was not aware of the fact that they were stolen. In these and the like cases it is the guilty knowledge which makes the crime. See as to the manner of proving guilty knowledge, Archb. Cr. PL 110, 111. Vide Animal; Dog; Ignorance; Scienter.

« SebelumnyaLanjutkan »