IN VENTRE SA MERE-continued. lands, the produce or profits go in the interim to the heir-at-law, or residuary devisee (if there be any such). Hopkins v. Hopkins, Ca. t. Talb. 44, and Tud. Convey. L. C. p. 711.

INVESTITURE (from the Fr. investir). A ceremony which accompanied the grant of lands in the feudal ages, and consisted in the open and notorious delivery of possession in the presence of the other vassals, which perpetuated among them the æra of their new acquisition at the time when the art of writing was very little known, and thus the evidence of the property was reposed in the memory of the neighbourhood, who in case of disputed title were afterwards called upon to decide upon it.

IRELAND. By the stat. 3 & 4 Will. 4, c. 42, s. 7, no part of the United Kingdom of Great Britain and Ireland shall be deemed to be beyond the seas, within the meaning of the Statutes of Limitation, as to personal actions, nor is it beyond seas within the meaning of the Mercantile Law Amendment Act, 1856 (19 & 20 Vict. c. 97). By s. 7 of the last-mentioned Act, every bill of exchange or promissory note drawn or made in any part of the United Kingdom of Great Britain and Ireland, and made payable in or drawn upon any person resident in any part of the said United Kingdom, shall be deemed to be an inland bill, excepting (if at all) as to the stamp duty. Nevertheless, under the C. L. P. Act, 1852, s. 18, a writ of summons cannot be issued against or served upon a British subject residing in Ireland, in respect of a cause of action accruing in England. It is a rule of law, that every Act of Parliament since the Union (1801) embraces Ireland, unless that country is expressly excluded. Reg. v. Mallow Union, 12 Ir. L. R., Q. B., 35.

IRREPLEVIABLE or IRREPLEVISABLE. Not to be replevied, or set at large on sureties (Cowel). It is contrary to the nature of a distress for rent to be irrepleviable. Tomlins.

ISSUABLE PLEA. An issuable plea is that which puts the merits of the cause, either on the facts or law, in issue; in other words, which will decide the action (Steele v. Harmer, 14 M. & W. 139). It seems, however, to be by no means clear that a plea to be "issuable" must put the substantial or moral merits of the cause at issue. Thus, a plea which goes simply to shew that the plaintiff had no present cause of action, as in an action by an attorney for work and labour, that the plaintiff had not delivered a signed bill a month before

ISSUABLE PLEA-continued.

action brought, has been held an issuable plea (Wilkinson v. Page, 1 Dowl. & L. 913); see also Staples v. Holdsworth, 4 Bing. N. C. 144). Where the Court grants an extension of time, or other like indulgence to a defendant, it is generally upon this condition (among others) that within that extended time he shall "plead issuably." See Smith's Action at Law.

ISSUE (exitus). Is the disputed point or question to which the parties in an action have narrowed their several allegations, and upon which they are desirous of obtaining the decision of the proper tribunal. When the plaintiff and defendant have arrived at some specific point or matter affirmed on the one side and denied on the other, they are said to be at issue (ad exitum, i.e., at the end or result of their pleading); the question so set apart is called the issue, and is designated, according to its nature, as an issue in fact, or an issue in law. If it is an issue in fact, it is almost universally tried by the country (i.e., a jury of twelve men); if an issue in law, by the judges of the land constituting the Court in which the action has been brought. Steph. on Pleading, 25, 4th edit.

ISSUE ROLL. In ancient times it was the practice of the Courts, when the pleadings were carried on orally, to have a contemporaneous record of the proceedings made out upon a parchment roll called the "Issue Roll." This practice, although long grown into disuse, was until recently still supposed in contemplation of law to exist; and the Courts still required that it should be made up, or at all events commenced, or an incipitur, as it was called, was entered upon the roll, and certain fees were paid to the officers for the making it up. Practically, however, this roll was of no use, and in consequence it was by a late rule of Court abolished; and the only entry of the proceedings upon record, in the present day, is that made upon the Nisi Prius Record, or upon the Judgment Roll, according to the nature of the case, and no fees are allowed to be paid in respect of any other entry made or supposed to be made upon any roll or other record whatever. 1 Pl. R. H. T. 4 Will. 4.

ITINERANT. Travelling or moving about; thus the judges who are now called justices of assize, were formerly called justices itinerant, from the circumstance of their travelling into several counties to hear causes ready for trial (3 Bl. 59). These judges were appointed for the first time by King Henry II., at the Parliament of Northampton, in 1187.

J.

JACENS HÆREDITAS. An estate in abeyance. This was one of the fictitious persona of law referred to by Austin. It was supposed to continue the persona of the deceased person, until the entry (aditio) of the hares (executor) upon the estate. In English Law, the authority of the executor or administrator arises from the grant of probate or administration; and until such grant is made, the Judge Ordinary is the only legal personal representative of the deceased; but the subsequent grant to the executor or administrator when made relates back (for most purposes) to the date of the death.

JACTITATION (jactitatio). A false boasting. The word is commonly used with reference, 1st, to marriage; 2nd, to the right to a seat in a church; and, 3rdly, to tithes.

(1.) Jactitation of marriage is the boasting or giving out by a party that he or she is married to some other, whereby a common reputation of their matrimony may ensue. To defeat that result, the person may be put to a proof of the actual marriage, failing which proof she or he is put to silence about it.

(2.) Jactitation of a right to a seat in a church appears to be the boasting by a man that he has a right or title to a pew or sitting in a church to which he has legally no title.

(3.) Jartitation of tithes is the boasting by a man that he is entitled to certain tithes, to which he has legally no title. See Rog. Eccl. Law, 482.

JEOFAILE (from the Fr. j'ai faillé, I have failed). An oversight in pleadings or in other law proceedings. The Statutes of Jeofails are so called because when a pleader perceives any mistake in the form of his proceedings, and acknowledges such error (j'ai faillé), he is at liberty by those statutes to amend it (Stra. 1011). These old statutes have been superseded in effect by the more liberal powers of amendment conferred by the C. L. P. Act, 1852.

See title AMENDMENT.

JETSAM, JETSON, or JETTISON-contd. The king, or his grantee, shall have flotsam, jetsam, or lagan when the ship is lost and the owners of the goods are unknown. F. N. B. 122.

JEWS: See TOLERATION ACT.

JOINDER. Joining, uniting together, &c. Thus, joinder in action signifies the joining or uniting of two persons together in one action against another; and such an action is termed a joint action. Joinder of issue is where the plaintiff or plaintiffs and the defendant or defendants unite upon a statement of their respective grounds of action and defence, and agree to stand or fall by that statement.

JOINDER IN DEMURRER. When a defendant in an action tenders an issue of law (called a demurrer), the plaintiff, if he means to maintain his action, must accept it, and this acceptance of the defendant's tender, signified to the plaintiff in a set form of words, is called a joinder in demurrer. The usual words of a demurrer are,-"The defendant (or plaintiff) says that the declaration (or plea) is bad in substance;" and it is necessary to state in the margin some substantial matter of law intended to be argued. Thereupon the other side joins issue on the demurrer in these terms, "The plaintiff (or defendant) says that the declaration (or plea) is good in substance."

JOINDER OF ISSUE. In an action at law, in any stage of the pleadings, when either side traverses or denies the facts pleaded by his antagonist, he usually tenders an issue, as it is called, which, if the other party accepts, issue is said to be joined. Smith's Action at Law.

JOINT AND SEVERAL. A joint and

several bond is a bond in which the obligors have rendered themselves both jointly and individually liable to the obligee; so that the latter, in the event of the nonperformance of the conditions of the bond by the obligors, may sue them either jointly or separately as he deems the more advisable. The phrase is also frequently used with reference to contracts not under seal (i.e., simple contracts), and it often becomes a matter of serious moment to know whether a given contract is a joint or a several contract. Thus, where a broker was employed to sell a ship belonging to three part owners, two of whom communicated with him on the subject, and to them he paid their shares of the proceeds of the sale; but after admitting the amount of the third part owner's share to be in his hands, refused to pay it to him without the consent of the other two, and

JOINT AND SEVERAL continued. he alone brought an action for his share, it was held that he could not sue alone, but should have sued jointly with the other two part owners: 1 Ch. Pl. 9, 6th edit.; 1 Saund. 153, n. (1).

JOINT INDICTMENTS. When several offenders are joined in the same indictment, such an indictment is called a joint indictment; as when principals in the first and second degree, and accessaries before and after the fact, are all joined in the same indictment. 2 Hale, 173.

JOINT STOCK COMPANIES. A joint stock company established before the passing of the Acts presently mentioned, and which has not adopted their provisions, is simply a partnership (see that title), consisting of a large number of members, whose rights and liabilities are precisely the same as those of any other sort of partners, subject only to the peculiar regulalations contained in an instrument called a deed of settlement. The capital is divided into equal parts called shares, each member of the company has a certain number of these, and is entitled to participate in profits according to his number of shares. The management of the business is confided to some few shareholders, called directors, and the general body of the shareholders have, unless on extraordinary occasions, no power to interfere in the concerns of the company.

It was not unusual for such companies to obtain a private Act of Parliament in aid of their deed of settlement; and at length certain general Acts were passed for the regulation of such companies. The result of the various legislative measures of a general character so passed may be stated as follows:

--

I. Joint stock banking companies (1.) All such companies, if formed under 7 Geo. 4, c. 46, and not registered since, are governed by that Act and their deed of settlement. (2.) All such companies, if formed and registered under the Act of 1857 (20 & 21 Vict. c. 49), are governed by their deed of settlement, and so much of the Companies Act, 1862, as applies to companies registered, but not formed under it. (3.) All such companies, if formed under the 20 & 21 Vict. c. 14, and 21 & 22 Vict. c. 91, are governed by their rules and articles of association and the Companies Act, 1862. Lastly, (4.) All such companies, if formed under the Companies Act, 1862 (25 & 26 Vict. c. 89), are governed exclusively by the provisions of that Act.

II. Joint stock companies other than banks and hereunder the following principal classes, viz. :—

(1.) Companies incorporated by statute

JOINT STOCK COMPANIES-continued. or charter, and companies for executing any bridge, road, railway, or other like public object, not capable of being carried out unless with the authority of Parliament, and being the companies expressly excepted from the operation of the Act 7 & 8 Vict. c. 110. Formerly, each of such companies was governed by the provisions of its own charter or special Act of Parliament; but latterly, general provisions were made for the regulation thereof by the Companies Clauses Consolidation Act, 1845, the Lands Clauses Consolidation Act, 1845, and (but only as to railways) the Railways Clauses Consolidation Act, 1845 (being respectively the Acts 8 & 9 Vict. cc. 16, 18, and 20); and these three general Acts apply also to all companies established by Act of Parliament after the 8th of May, 1845, for the execution of undertakings of a public nature.

(2.) Companies not excepted from the stat. 7 & 8 Vict. c. 110, and requiring under that statute to be registered. That statute was, however, superseded by the Joint Stock Companies Act, 1856 (19 & 20 Vict. c. 47), which has since been repealed by the Companies Act, 1862 (25 & 26 Vict. c. 89); and this latter statute is now in force. It consolidates the laws relating to joint stock companies, and includes in its operation all companies formed and registered under the Act of 1856 (19 & 20 Vict. c. 47), or under the Act 18 & 19 Vict. c. 133, together with certain companies not formed under the above-mentioned Acts, nor registered (s. 199). And under its provisions, with the exception of companies and partnerships formed under some other Act, or under letters-patent, or engaged in working mines within the jurisdiction of the Stannaries, every banking company or partnership consisting of more than ten persons, and every other company or partnership having for its object the acquisition of gain, and consisting of more than twenty persons, established since the 1st of November, 1862, MUST, and any company consisting of seven or more persons associated for any lawful purpose MAY, be formed and registered under the statute. And mining companies in the Stannaries may register under it, and then become subject to its provisions and a peculiar jurisdiction of the Stannaries Court, conferred by the statute. Every other company, too (except a railway company), whether previously existing, or formed afterwards in pursuance of an Act of Parliament or letters-patent, or otherwise duly constituted by law, and every unregistered company consisting of more than seven members, may, with the assent of the shareholders, be registered as a

JOINT STOCK COMPANIES-continued. limited or unlimited company under its provisions.

If not thus registered, the law of companies established under private Acts of Parliament, charters, or letters-patent, is that laid down by their Acts, charters, or letters-patent. Companies thus constituted certainly differ very materially from ordinary firms; but, so far as their Acts, charters, or letters-patent have not provided, they are governed by the ordinary law of partnership.

See titles LIMITED LIABILITY; PART-
NERSHIP.

JOINT TENANTS. Those who hold lands or tenements by joint tenancy. It may be further described by the following passage from Cruise:

"When lands are granted to two or more persons to hold to them and their heirs, or for the term of their lives, or for the term of another's life, without any restrictive, exclusive, or explanatory words, all the persons named in such grant, to whom the lands are so given, take a joint estate, and are thence called joint tenants." 2 Cruise, 431; Litt. s. 277.

See also title SURVIVORSHIP.

JOINTURE. A settlement of lands or tenements made to a woman on account of marriage. It is defined by Lord Coke to be "a competent livelihood of freehold for the wife of lands or tenements, &c., to take effect presently in possession or profit, after the decease of her husband, for the life of the wife at least." The woman on whom such a settlement of lands is made is termed a jointress (1 Cruise, 199; 1 Inst. 36). A legal jointure was first authorized by the Statute of Uses, 27 Hen. 8, c. 10, by which statute if the jointure is before marriage, the woman shall not have her election between jointure and dower, but if the jointure is after marriage, then she shall have her election.

JUDGMENT. Is defined to be the sentence of the law pronounced by the Court upon the matter appearing from the previous proceedings in the suit. Judgment is given either for the plaintiff or the defendant; when for the plaintiff, it is either a judgment (1) by confession, or (2) by default; when given for the defendant it is either a judgment of (3) nonsuit, (4) non pros., (5) retraxit, (6) nolle prosequi, (7) discontinuance, or (8) stet processus; and judgment may be given for either party upon (9) demurrer, (10) issue of nul tiel record, or (11) verdict. A judg ment (1) by confession, or (2) default, is such a judgment as is signed against the defendant when the justice of the plaintiff's

JUDGMENT-continued.

claim is admitted by him, either (1) in express terms, as by giving a cognorit, or (2) by conduct, as by failing to take proper steps in the suit. A judgment upon (3) nonsuit is a judgment given to the defendant whenever it clearly appears that the plaintiff has failed to make out his case by evidence. A judgment of (4) non pros. is a judgment which the defendant is entitled to have against the plaintiff when he does not follow up (non prosequitur) his suit as he ought to do, as by delaying to take any of those steps which he ought to take beyond the time appointed by the practice of the Courts for that purpose. A (5) retraxit, or (6) nolle prosequi, is when the plaintiff, of his own accord, declines to follow up his action; the difference between them is, that a retraxit is a bar to any future action brought for the same cause, whereas a nolle prosequi is not, unless made after judg ment (Bowden v. Hora, 1 Bing. 716). A judgment on a (7) discontinuance is when the plaintiff finds that he has misconceived his action and obtains leave from the Court to discontinue it, on which judgment is given against him, and he has to pay the expenses. A judgment on a (8) stet processus is entered when it is agreed, by leave of the Court, that all further proceedings shall be stayed; though in form this is a judgment for the defendant, yet it is generally like a discontinuance, being, in point of fact, for the benefit of the plaintiff, and entered on his application; as, for instance, when the defendant has become insolvent, &c. Judgment on (9) demurrer is such a judgment as is pronounced by the Court upon a question of law submitted to them, as opposed to a question of fact, which is submitted to a jury. A judgment upon an (10) issue of nul tiel record is when a matter of record is pleaded in any action-as a fine, a judgment, or the like-and the opposite party pleads "nul tiel record," i.e., that there is no such matter of record existing; upon this issue is joined and tendered in the following form: "And this he prays may be inquired of by the record, and the other doth the like;" and thereupon the party pleading the record has a day given him to bring it in, and proclamation is made in Court for him to "bring forth the record by him in pleading alleged, or else he shall be condemned;" and on his failure to do so his antagonist shall have judgment to recover. A judgment upon (11) a verdict, is the judgment of the Court pronounced after the jury have given their verdict. As to interlocutory and final judgments see titles INTERLOCUTORY, FINAL; and see also next title.

JUDGMENT DEBTS-continued. whether on simple contract or by specialty, for the recovery of which judgment has been entered up, either upon a cognovit, or as the result of a successful action. The old law of judgments was in many respects different from the present law. Thus, under the old law, which rested substantially upon the Acts 13 Elw. 1, c. 18, 29 Car. 2, c. 3, and 4 & 5 W. & M. c. 20, the lands affected by a judgment were the entirety of terms for years only, and one moiety of freehold lands, tithes, reversions, and trust estates whereof the trustee was seised for the debtor at the time of execution sued. Estates tail were liable to the extent of one moiety thereof, but only during the life of the tenant in tail; and joint tenancies were in the same position. Moreover, trust terms for years, joint trust estates, and equities of redemption were altogether exempt; as were also copyholds, glebe, and advowsons in gross. Moreover, purchasers (including mortga gees) were not bound by a judgment which was either undocketted or misdocketted (Tunstall v. Trappes, 3 Sim. 286; Brandling v. Plummer, 8 De G. M. & G. 747); unless they had notice thereof, in which case they were bound (Davis v. Strathmore (Earl), 16 Ves. 419). However, Equity assisted the judgment creditor towards enforcing his execution in respect of those equitable interests before enumerated which were not statutorily liable on an elegit; thus, in the case of an equitable freehold estate, the judgment-creditor, after suing out an elegit, might file his bill in Equity for relief (Neute v. Marlborough (Duke), 3 My & Cr. 407); and in the case of an equitable leasehold or term of years, the judgment creditor, after suing out a fi. fa., might in like manner file his bill in Equity for relief (Gore v. Bowser, 1 Jur. (N.S.), 392); and this seems to be still the law. Padwick v. Duke of Newcastle, L. R. 8 Eq. 700.

On the other hand, under the present law, which depends substantially upon the following statutes, namely:

1 & 2 Vict. c. 110,

2 & 3 Vict. c. 11,

3 & 4 Vict. c. 82,

23 & 24 Vict. c. 38, and 27 & 28 Vict. c. 112,

the lands affected by a judgment are the entirety of lands. tenements, and hereditaments, whether freehold, copyhold, or leasehold, and whether legal or equitable, and whether possessed at the time of entering up judgment or afterwards, and whether joint or sole, and whether the interest of the debtor therein amount to an estate in, or only to a general power over them. Advowsons are no longer exempt from lia

JUDGMENT DEBTS-continued. bility; but with reference to rectories and tithes, only lay and not ecclesiastical ones are intended (Hawkins v. Gathercole, 6 De G. M. & G. 1). The judgment prevails against the jus accrescendi in the case of joint tenants (1 Dart's V. & P. 431), and also against the issue of tenant in tail, and against remaindermen in tail. Lewis v. Duncombe 20 Beav. 398.

The before mentioned Victorian Statutes also made provision for the registration and re-registration of judgments and executions thereon, the short result of which may be stated as follows:-From the 16th of August, 1838, to the 23rd of July, 1860, every judgment that was entered up against the owner of lands required to be registered in the owner's name (i.e., in the name of the debtor), and to be re-registered every five years, in order to become a charge upon the land; from the 23rd of July, 1860, to the 29th of July, 1864, every like judgment required to be registered in the name of the debtor, and to be re-registered every five years, and execution thereon required also to be sued out, and also regis tered in the name of the creditor, and also within three months from the date of such registration to have been executed, in order to become a charge upon the land; but since the 29th of July, 1861, no such judgment requires to be registered at all, but execution is to be sued out thereon, and to be also registered in the name of the debtor, although even then it is not a charge upon the land until such land has been actually taken upon the execution by summary process.

The date of the registration, and not that of entering up the judgment, or of the registration, and not that of suing out the execution, is the point of time which regulates the priorities or rights of adverse successive claimants; thus, judgment creditors, as between themselves, take rank according to the order of the dates of their several registrations, and notice of an unregistered judgment entered up at a prior date does not affect them (Benham v. Keane, 1 J. & H. 685), as neither does such notice affect a subsequent purchaser or mortgagee, this being the construction of the stats. 3 & 4 Vict. c. 82, s. 2, and 18 & 19 Vict. c. 15, s. 5. But notice of an unregistered judgment does affect a subsequent cestui que trust (Benham v. Keane, supra). And notice of a judgment which has been re-registered within five years prior to the date of the purchase or mortgage does affect a purchaser or mortgagee having notice thereof, notwithstanding an interval of more than five years may have elapsed between such re-registration and the next preceding registration (Simpson