cle Sabina. Foderé mentions a case into execution. The tract of land where a large dose of powdered sa- or district within which a judge or vine had been administered to an magistrate has jurisdiction, is called ignorant girl, in the seventh month his territory, and his power in relaof her pregnancy, which had no tion to his territory is called his tereffect on the foetus. It was, how- ritorial jurisdiction. Every act of ever, near taking the life of the girl. jurisdiction exercised by a judge Fodere, tome iv. p. 431. Given in without his territory, either by prosufficiently large doses, 4 or 6 grains nouncing sentence or carrying it into in the form of powder, kills a dog in execution, is null. An inferior court a few hours, and even its insertion in has no jurisdiction beyond what is a wound has the same effect. Orfila, expressly delegated. 1 Salk. 404, Traité des Poisons, tome iii. p. 42. n.; Gilb. C. P. 188; 1 Saund. 73; For a form of indictment for admin- 2 Lord Raym. 1311; and see 2 istering savine to a woman quick Bac. Ab. 98, et seq.; 5 Bac. Ab. with child, see 3 Chit. Cr. Law, 360.-Jurisdiction is original, when 798. Vide 1 Beck's Med. Jur. 316. it is conferred on the court in the JURAMENTUM JUDICIALE, first instance, which is called origia term in the civil law. The oath nal jurisdiction, (q. v.); or it is apcalled juramentum judiciale is that pellate, which is when an appeal is which the judge, of his own accord, given from the judgment of another defers to either of the parties. It is court. Jurisdiction is also civil, of two kinds, 1st, That which the where the subject-matter to be tried judge defers for the decision of the is not of a criminal nature; or crimicause, and which is understood by nal, where the court is to punish the general name juramentum judi- crimes. Some courts and magisciale, and is sometimes called sup- trates have both civil and criminal pletory oath, juramentum suppleto- jurisdiction. Vide 1 Salk. 414; 2 rium. 2d. That which the judge Bac. Ab. 98, 107; 5 Id. 560; Merdefers in order to fix and determine lin, Répert. h. t.; Ayl. Parerg. 317, the amount of the condemnation and the article Competency. which he ought to pronounce, and which is called juramentum in litem. Poth. on Oblig. P. 4, c. 3, s. 3, art. 3.

JURATS, officers, in some English corporations, jurats are officers who have much the same power as aldermen in others. Stat. 1 Ed. 4; stat. 2 & 3 Ed. 6, c. 30; 13 Ed. 1, c. 26.

JURIDICAL DAYS, dies juridici. Days in court on which the law is administered.

JURISCONSULT, is one well versed in jurisprudence; a jurist. JURISDICTION, practice, is a power constitutionally conferred upon a judge or magistrate to take cognizance of and decide causes according to law, and to carry his sentence

JURISPRUDENCE, is the science of the law. By science here is understood that connection of truths founded on principles either evident of themselves, or capable of demonstration; a collection of truths of the same kind, arranged in methodical order. In a more confined sense jurisprudence is the practical science of giving a wise interpretation to the laws, and to make a just application of them to all cases as they arise. In this sense it is the habit of judging the same question in the same manner, and by this course of judgments forming precedents. 1 Ayl. Pand. 3; Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 1, 12, 99; Merl. Rép. h. t. ; 19 Amer. Jurist, 3.

JURIST, one well versed in the

science of the law. The term is usually applied to students and practitioners of law.

JUROR, practice, from juro, to swear; a man who is sworn or affirmed to serve on a jury. Jurors are selected from citizens, and may be compelled to serve by fine; they generally receive a compensation for their service; while attending court they are privileged from arrest in civil cases.

is a mere imperfect or inchoate right. 2 Bl. Com. 312; Poth. Dr. de Dom. de Proprieté, ch. prél. n. 1.

civil

JUS AQUÆDUCTUS, law. The name of a servitude which gives to the owner of land the right to bring down water through or from the land of another, either from its source or from any other place. Its privilege may be limited as to the time when it may be exercised. If JURY, a body of men selected the source fails, the servitude ceases, according to law, for the purpose of but revives when the water returns. deciding some controversy. Juries If the water rises in, or naturally flows are either grand juries, (q. v.), or through the land, its proprietor canpettit juries. The former having not by any grant divert it so as to been treated of elsewhere, it will prevent it flowing to the land below. only be necessary to consider the But if it had been brought into his latter. A pettit jury consists of land by artificial means, it seems it twelve citizens duly qualified to serve on juries, impanelled and sworn to try one or more issues of fact submitted to them, and to give a judgment respecting the same, which is called a verdict. Each one of the citizens so impanelled and sworn is called a juror. Vide Trial.

would be strictly his property, and that it would be in his power to grant it. Dig. 8, 3, 1 & 10; 3 Burge on the Confl. of Laws, 417.

JŪS DELIBERANDI. The right of deliberating which in some countries where the heir may have benefit of inventory, (q. v.) is given The constitution of the United to him to consider whether he will States directs, that "the trial of all accept or renounce the succession. crimes, except in cases of impeach-In Louisiana he is allowed ten days ment, shall be by jury;" and this invaluable institution is also secured by the several state constitutions. The constitution of the United States also provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amendm. VII.

before he is required to make his election. Civ. Code, art. 1028.

JUS DUPLICATUM, property, title. When a man has the possession as well as the property of any thing, he is said to have a double right, jus duplicatum. Bract. 1. 4, tr. 4, c. 4; 3 Bl. Com. 189.

JUS GENTIUM, the law of nations, (q. v.)

JUS. Law or right. This term is applied in many modern phrases. JUS IN RE, property, title. It JUS ACCRESCENDI, estates, is the right which a man has in a the right of survivorship between thing, by which it belongs to him. joint tenants, (q. v.) It is a complete and full right. Poth. Dr. de Dom. de Prop. n. 1.

JUS AD REM, property, title. This phrase is applied to designate the right a man has in relation to a thing; it is not the right in the thing itself, but only against the person who has contracted to deliver it. It

JUS MARITI, Scotch law, is the right of the husband to administer, during the marriage, his wife's goods and the rents of her heritage.

JUS POSTLIMINII, property,

title. The right to claim property | a fact with another, so that neither after re-capture. Vide Potliminy; equal persons have unequal things, Marsh. Ins. 573; 1 Kent, Com. nor unequal persons things equal. 108; Dane's Ab. Index, h. t. Tr. of Eq. 3, and Toullier's learned note; Dr. Civ. Fr. tit. prel. n. 7, note.

Distributive justice is that virtue JUSTICES OF THE PEACE, whose object is to distribute rewards are public officers invested with judiand punishments to each one accord-cial powers for the purpose of preing to his merits, observing a just venting breaches of the peace, and proportion by comparing a person or bringing to punishment those who

have violated the law. These offi-jof a Justice of the Peace; Com. Dig.
cers, under the constitution of the h. t.; 15 Vin. Ab. 3; 3 Bac. Ab.
United States and some of the states, 787; 2 Sell. Pr. 70; 2 Phil. Ev.
are appointed by the executive; in 239; Chit. Pr. h. t.; Amer. Dig.
others they are elected by the peo- h. t.
ple, and commissioned by the execu- JUSTICES, judges. Officers ap-
tive. In some states they hold their pointed by a competent authority to
office during good behaviour, in administer justice. They are SO
others for a limited period.
called because in ancient times the

At common law justices of the latin word for judge was justitia.
peace have a double power in rela- This term is in common parlance
tion to the arrest of wrong-doers; used to designate justices of the
when a felony or breach of the peace peace.

has been committed in their pre- JUSTICIARY, officer, another
sence, they may personally arrest name for a judge. In latin he was
the offender, or command others to called justiciarius, and in French
do so; and in order to prevent the justicier. Not used.

riotous consequences of a tumultuous JUSTIFIABLE HOMICIDE,
assembly, they may command others crim. law, is the killing of a human
to arrest affrayers, when the affray being in consequence of an imperi-
has been committed in their pre-ous duty prescribed by law, as hang-
sence. When the magistrate is not ing a man lawfully sentenced to be
present when a crime is committed, hung; or it is when the killing is
before he can take a step to arrest owing to some unavoidable necessity
the offender, an oath or affirmation induced by the act of the party
must be made before him by some killed, without any manner of fault
person cognizant of the fact, that the in the party killing. 1 East, P. C.
offence has been committed, and that 219; Hawk. B. 1, c. 28, s. 1, n. 22.
the person charged is the offender, JUSTIFICATION, pleading, is

or there is probable cause to believe the maintaining and showing a good
that he has committed the offence. and legal reason in court why a
The constitution of the United States party charged did the thing he is
directs, that "no warrants shall called upon to answer. Vide for
issue, but upon probable cause, sup- justification in cases of slander, Com.
ported by oath or affirmation." Dig. Pleader, 2 L 3 to 2 L 7; in
Amendm. IV. After his arrest, the cases of trespass, 15 East, R. 615,
person charged is brought before the note (e); 2 Lill. Ab. 134; 15 Vin.
justice of the peace, and after hear-Ab. 31; Dane's Ab. Index, h. t.
ing he is discharged, held to bail to When the plea of justification is
answer to the complaint, or, for supported by evidence, it is a bar to
want of bail, committed to prison. the action.

In some, perhaps all the United JUSTIFICATORS. A kind of
States, justices of the peace have compurgators, or those who by oath
jurisdiction in civil cases, given to justified the innocence or oaths of
them by local regulations. In Penn- others, as in the case of wagers of
sylvania their jurisdiction in cases law.
of contracts, express or implied, ex-
tends to one hundred dollars.

JUSTIFYING BAIL, practice,

is the production of bail in court,
Vide, generally, Burn's Justice; who there justify themselves against
Graydon's Justice; Bache's Manual the exception of the plaintiff.

K.

members of the senate are elected for four years. The senate consists of twenty-four members at least, and for every three members above fiftyeight, which shall be added to the house of representatives, one member shall be added to the senate.

KENTUCKY. The name of one of the new states of the United States of America. This state was formerly a part of Virginia, and the latter state, by an act of the legislature, passed the 18th day of December 1789, "consented that the district of Kentucky, within the ju- 2d. The executive power is vestrisdiction of the said commonwealth, ed in a chief magistrate, who is and according to its actual bounda- styled the governor of the commonries at the time of passing the act wealth of Kentucky. The governor aforesaid, should be formed into a is elected for four years. He is new state." By the act of Congress commander-in-chief of the army and of February, 4, 1791, 1 Story's L. U. S. 168, congress consented that after the first day of June, 1792, the district of Kentucky should be formed into a new state, separate from and independent 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.

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.

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 3d. The judicial power, both as confided to a separate body of magis- to matters of law and equity, is vesttracy, to wit: those which are leg- ed in one supreme court, styled the islative to one; those which are ex-court of appeals, and in such inferior ecutive, to another; and those which courts as the general assembly may, are judiciary, to another. from time to time erect and estab

1st. The legislative power is vest-lish. The judges hold their office ed in two distinct branches; the during good behaviour.

one styled the house of representa- KEY, estates. A wharf at which tives, and the other the senate; and to land or load goods from or in a both together, the general assembly vessel. This word is now generally of the commonwealth of Kentucky. spelled Quay, from the French, 1. The house of representatives is quai. elected yearly, and consists of not less than fifty-eight nor more than one hundred members. 2. The or wharf.

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