JOBBER, commerce. One who buys and sells articles for others. Stock-jobbers are those who buy and sell stocks for others; this term is also applied to those who speculate in stocks on their own account.

not mean that he shall not be tried Ins. 546; 3 Kent. Com. 185 to 187; for the offence, if the jury have been Park, Ins. 123; Poth. Charte-pardischarged from necessity or by tie, n. 108, et suiv; Boulay-Paty, consent, without giving any verdict; Dr. Com. tit. 13; Pardessus, Dr. or, if having given a verdict, judg- Com. n. 734. ment has been arrested upon it, or a 'new trial has been granted in his favour; for, in such a case, his life and limb cannot judicially be said to have been put in jeopardy. 4 Wash. C. C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3 Rawle, R. 498; 3 Story on the Const. § 1781. Vide 2 Sumn. R. 19. This great privilege is secured by the common law. Hawk. P. C., B. 2, c. 35; 4 Bl. Com. 335. This was the Roman law, from which it has been probably engrafted on the common law. Vide Merl. Rép. art. Non bis in idem. Qui de crimine publico accusationem deductus est, says the Code, 9, 2, 9; ab alio super eodem crimine deferri non potest. Vide article Non bis in idem.

JETTISON or JETSAM, is the casting out of a vessel, from necessity, a part of the lading; the thing cast out also bears the same name; 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, (q. v.) The jettison must be made for sufficient cause, and not from 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 labouring 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 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 fetched at the place of delivery, on the ship's arrival there, freight, duties and other charges being deducted. Marsh.

JOCALIA, 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 Roll. Ab. 911. Vide Paraphernalia.

JOINDER OF ACTIONS, practice. The putting two or more causes of action in the same declaration. It is a general rule, that in real actions, there never can be but one count. 8 Co. 86, 87; Bac. Ab. Action, C; Com. Dig. Action, G. A count in a real, and a count in a mixed action, cannot be joined in the same declaration; nor a count in a mixed action, and a count in a personal action; nor a count in a mixed action with a count in another, as ejectment and trespass.

In mixed actions, there may be two counts in the same declaration; for example, waste lies upon several leases, and ejectment upon several demises and ousters. 8 Co. 87 b; Poph. 24; Cro. Eliz. 290; Ow.11.

În personal actions, the use of several counts in the same declaration is quite common. Sometimes they are applied to distinct causes of actions, as upon several promissory notes; but it more frequently happens otherwise, that when various counts are introduced, they do not really relate to different claims, but are adopted merely as so many dif ferent forms of propounding the same question. The joinder in action

JOINDER IN DEMURRER. When a demurrer is offered by one party, the adverse party joins with him in demurrer, and the answer which he makes is called a joinder in demurrer. Co. Litt. 71, b.

depends on the form of action, rather than on the subject-matter of it; in an action against a carrier, for example, if the plaintiff declare in as sumpsit, he cannot join a count in trover, as he may if he declare against him in case. 1 T. R. 277 ; JOINDER OF ISSUE, plead but see 2 Caines's R. 216; 3 East, ing, is the act by which the parties R. 70. The rule as to joinder is, to a cause, arrive at that stage of it that when the same plea may be in their pleadings, that one asserts a pleaded, and the same judgment fact to be so, and the other denies it. given on all the counts of the decla- For example, when one party denies ration, or when the counts are all of the fact pleaded by his antagonist, the same nature, and the same judg- who has tendered the issue thus, ment is to be given upon them all," And this he prays may be inquired though the pleas be different, as in the case of debt upon bond and simple contract, they may be joined. 2 Saund. 117, c. When the same form of action may be adopted, the plaintiff may join as many causes of action as he may choose, though he JOINT EXECUTORS. It is acquired the rights affected by dif- proposed to consider, 1, the interest ferent titles; but the rights of the which they have in the estate of the plaintiffs, and the liabilities of the deceased; 2, how far they are liable defendant, must be in his own for each other's acts; 3, the rights character, or in his representative of the survivor.

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of by the country," or "And of this he puts himself upon the country," the party denying the fact may im mediately subjoin, "And the said A B, does the like," when the issue is said to be joined.

capacity, exclusively. A plaintiff § 1. Joint executors are consider. cannot sue, therefore, for a cause of ed in law as but one person, repreaction in his own right, and another senting the testator, and therefore cause in his character as executor, the acts of any one of them which and join them; nor can he sue the relate either to the delivery, gift, defendant for a debt due by himself, sale, payment, possession or release and another due by him as executor. of the testator's goods, are deemed, In criminal cases, different offen- as regards the persons with whom ces may be joined in the same indict- they contract, the acts of all. 3 Bac. ment, if of the same nature, but an Abr. 30; 11 Vin. Abr. 358; Com. indictment may be quashed, at the Dig. Administration, B 12; 1 Dane's discretion of the court, when the Abr. 583; 2 Litt. (Kentucky) R. counts are joined in such a manner 315; Godolph. 314; Dyer, 23, in as will confound the evidence. 1 marg.; 16 Serg. & Rawle, 337. Chit. Cr. Law, 253-255.

Vide generally, 2 Saund. 117, b. to 117, c; Com. Dig. Action. G; 2 Vin. Ab. 38; Bac. Ab. Actions in General, C; 13 John. R. 462; 10 John. R. 240; 11 John. R. 479; 1 John. R. 503; 3 Binn. 555; 1 Chit. Pl. 196 to 206; Arch. Civ. Pl. 172 to 176; Steph. Pl. Index, h. t.; Dane's Ab. h. t.

VOL. I.-69.

§2. As a general rule, it may be laid down that each executor is lia ble for his own wrong, or devastavit only, and not for that of his colleague. He may be rendered liable, however, for the misplaced confidence which he may have reposed in his co-executor. As if he signs a receipt for money, in conjunction with another executor, and he receives no part of

the money, but agrees that the other money or be more a trustee than his executor shall retain it, and apply it partner. The trust having been to his own use, this is his own mis- given to the whole, it requires their application, for which he is respon- joint act to do any thing under it. sible. 1 P. Wms. 241, n. 1; 1 Sch. They are not responsible for money & Lef. 341; 2 Sch. & Lef. 231; 7 received by their co-trustees, if the East, 256; 11 John. R. 16; 11 receipt be given for the mere purSerg. & Rawle, 71; Hardr. 314; 5 poses of form. But if receipts be Johns. Ch. R. 283; and see 2 Bro. given under circumstances purportC. C. 116; 3 Bro. C. C. 112; 2 ing that the money though not rePenna. R. 421; Fonb. Eq. B. 2, c, ceived by both was under the con7, s. 5, n. (k). trol of both, such a receipt shall § 3. Upon the death of one of charge, and the consent that the several joint executors, the right of other shall misapply the money, paradministering the estate of the tes- ticularly where he has it in his tator, devolves upon the survivor. 3 power to secure it, renders him reAtk. 509; Com. Dig. Administra- sponsible. 11 Serg. & Rawle, 71. tion, B 12; Hamm. on Parties, 148. See 1 Sch. & Lef. 341; 5 Johns. In Pennsylvania, by legislative Ch. R. 283; Fonbl. Eq. B. 2, c. 7, enactment, it is provided, "that s. 5; Bac. Abr. Uses and Trusts, when testators may devise their estates to their executors to be sold, or direct such executors to sell and convey such estates, or direct such real estate to be sold, without naming or declaring who shall sell the same, if one or more of the executors die, it shall or may be lawful for the surviving executor to bring actions for the recovery of the possession thereof, and against trespassers thereon; to sell and convey such real estates, or manage the same for the benefit of the persons interested therein. Act of 12th of March, 1800, 3 Sm. Laws, 433.

JOINT TENANTS, estates, are two or more persons to whom are granted lands or tenements to hold in fee simple, fee tail, for life, for years, or at will. 2 Black. Com. 179. The estate which they thus hold is called an estate in joint ten

K; 2 Bro. Ch. R. 116; 3 Bro. Ch. R. 112; Bac. Abr. (N 2). In the case of the Attorney-General v. Randall, a different doctrine was held. Ib. pl. 9.

JOINTRESS OR JOINTURESS. A woman who has an estate settled on her by her husband, to hold during her life, if she survive him. Co. Litt. 46.

JOINTURE, estates, is a competent livelihood of freehold for the wife, of lands and tenements; to take effect in profit or possession, presently after the death of the husband, for the life of the wife at least. Jointures are regulated by the statute of 27 Hen. 8, c. 10, commonly called the statute of uses. To make a good jointure, it must be attended with the following circumstances; namely, 1, it must take effect, in possession or profit, immediately from the death of the husband; 2, JOINT TRUSTEES, two or it must be for the wife's life, or for more persons who are entrusted with some greater estate; 3, it must be the performance of a thing. Unlike limited to the wife herself, and not joint executors, joint trustees cannot to any other person in trust for her; act separately, but must join both in 4, it must be made in satisfaction for conveyances and receipts, for one the wife's whole dower, and not of cannot sell without the others, or part of it only; 5, the estate limited receive more of the consideration- to the wife must be expressed or

ancy.

judgment require secrecy." Vide 2 Story, Const. 301. The constitutions of the several states contain similar provisions.

averred to be, in satisfaction of her whole dower; 6, it must be made before marriage. A jointure attended with all these circumstances is binding on the widow, and is a com- JOURNEY'S ACCOUNT, Eng. plete bar to the claim of dower; or practice. When a writ abated withrather it prevents its ever arising. out any fault of the plaintiff, he was But there are other modes of limit- permitted to sue out a new writ, ing an estate to a wife, which Lord within as little time as he possibly Coke says are good jointures within could after abatement of the first the statute, provided the wife accepts writ, which was quasi a continuance of them after the death of the hus- of the first writ, and placed him in a band. She may, however, reject situation in which he would have them, and claim her dower. Cruise, been, supposing he had still proceeded Dig. tit. 7; 2 Bl. Com. 137; Perk. on that writ. This was called jourh. t. In its more enlarged sense, ney's account. This mode of proa jointure signifies a joint estate, ceeding has fallen into disuse, the limited to both husband and wife. 2 practice now being to permit that Bl. Com. 137. Vide 14 Vin. Ab. writ to be quashed, and to sue out 540; 3 Bac. Ab. 710. another. Vide Termes de la Ley, h. t.; 1 Bac. Ab. 30; 14 Vin. Ab. 558; 4 Com. Dig. 714.

JOUR. This is a French word signifying day. It is used in our old law books, as tout jours, forever. It is also frequently employed in the composition of words, as, journal, a day-book; journeyman, a man who works by the day; journey's account, (q. v.)

JUDGE. A public officer law. fully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions, and not only JOURNAL, mar. law, is the judges properly so called, but also book kept on board of a ship or justices of the peace, and jurors who other vessel, and which contains an are judges of the facts in issue. See account of the ship's course, with a 4 Dall. 229; 3 Yeates, R. 300. In short history of every occurrence a more limited sense, the term judge during the voyage. Another name signifies an officer who is so named for Log Book, (q. v.) Chit. Law in his commission, and who presides of Nat. 199. in some court.

JOURNAL, comm. law, is a book used among merchants in which the contents of the waste book are separated every month, and entered on the debtor and creditor side, for more convenient posting in the ledger.

JOURNAL, legislation, is an account of the proceedings of a legislative body. The Constitution of the United States, art. 1, s. 5, directs that "each house shall keep a journal of its proceedings; and from time to time publish the same, excepting such parts as may in their

Judges are appointed or elected in a variety of ways in the United States, they are appointed by the president by and with the consent of the senate; in some of the states they are appointed by the governor ; the governor and senate, or by the legislature. In the United States and some of the states, they hold their offices during good behaviour; in others, as in New York, during good behaviour or until they shall attain a certain age; and in others for a limited term of years.

Impartiality is the first duty of a

judge; before he gives an opinion or sits in judgment in a cause, he ought to be certain he has no bias for or against either of the parties; and if he has any the slightest interest in the cause he is disqualified from sitting as judge, 8 Co. 118; and when he is aware of such interest he ought himself to refuse to sit on the case, He must not only be impartial, but he must pay a blind obedience to the law, whether good or bad. He is bound to declare what the law is, and not to make it; he is not an arbitrator, but an interpreter of the law. It is his duty to be patient in the investigation of the case, learned in considering it, and firm in his judgment. He ought, according to Cicero, "never to lose sight that he is a man, and that he cannot exceed the power given him by his commission; that not only power but public confidence has been given to him; that he ought always seriously to attend not to his wishes but to the requisitions of the law, of justice and religion." Cic. pro Cluentius.

While acting within the bounds of his jurisdiction, the judge is not responsible for any error of judgment or mistake he may commit as a judge. Co. Litt. 294; 2 Inst. 422. Vide Com. Dig. Courts, B 4, C 2, E 1, P 16—Justices, I 1, 2, and 3; 14 Vin. Ab. 573; 2 Bac. Ab. 96; 1 Kent, Com. 291; Ayl. Parerg. 309; Story, Const. Index, h. t.

members of the court before they proceed upon any trial. Rules and Articles of War, art. 69, 2 Story, L. U. S. 1001.

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JUDGMENT, practice, is the decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury. The language of judgments, therefore, is not that "it is decreed," or resolved," by the court; but "it is considered,' (consideratum est per curiam) that the plaintiff recover his debt, damages, possession, and the like, or that the defendant do go quit. This implies that the judgment is not so much the decision of the court, as the sentence of the law pronounced and declared by the court, after due deliberation and inquiry. There are four kinds of judgments in civil cases, namely: 1. When the facts are admitted by the parties, but the law is disputed; as in case of judgment upon demurrer. 2. When the law is admitted, but the facts are disputed; as in case of judgment upon a verdict. 3. When both the law and the facts are admitted by confession; as in the case of cognovit actionem, on the part of the defendant; or nolle prosequi, on the part of the plaintiff. 4. By default of either party in the course of legal proceedings, as in the case of judgment by nihil dicit, or non sum informatus, when the defendant has omitted to plead or instruct his attorney to do so, after a proper notice; or in cases of judgment by non-pros, non-suit, or,

JUDGE ADVOCATE, is an officer who is a member of a court martial. His duties are to prosecute in the name of the United States, as in case of non-suit, when the plainbut he shall so far consider himself tiff omits to follow up his proceedas counsel for the prisoner, after the ings. These four species of judgprisoner shall have made his plea, ments, again, are either interlocuas to object to leading questions to tory or final. Vide 3 Bl. Com. 396; any of the witnesses, or any ques- Bingh. on Judgm. 1. tion to the prisoner, the answer to which might tend to criminate himself. He is further to swear the

JUDGMENT, ARREST OF, practice; this takes place when the court withhold judgment from the