Obrazy na stronie

JUDGMENT DEBTS—continued. v. Morley, 2 K. & J. 71); but a purchaser or mortgagee who has no notice of a judgment, although the same has been registered, and, à fortiori, as already mentioned, if it is either unregistered or not duly reregistered, is not bound thereby, this being the construction of the stat. 2 & 3 Vict. c. 11, s. 5, for it has been held that registration is not notice (Robinson v. Woodward, 4 De G. & Sm. 562), unless, indeed, it can be proved that the party has made an actual search over the period covering the judgment (Proctor v. Cooper, 2 Drew. 1); and no such search is compulsory either upon a purchaser or upon a mortgagee (Lane v. Jackson, 20 Beav. 535), although it is not, therefore, wise to avoid a search (Freer v. Hesse, 4 DeG.M. & G. 495). And in case the property is situate in a register county, the registration and reregistration must be made both in the local and in the general registries. Johnson v. Houldsworth, 1 Sim. N.R. 106; Benhum v. Keane, supra.

In the case of a judgment which is entered up between a contract for sale and the conveyance of the land, where the judgment is duly perfected as required by the Acts, the judgment creditor could not, by the old law, proceed against the land in the hands of the purchaser (Lodge v. Lyseley, 4 Sim. 70), but would have been restrained by injunction from so doing (Brunton v. Neale, 14 L.J. (Ch.) 8); the judgment creditor might, however, have come against the unpaid purchase-money (Forth v. Norfolk (Duke), 4 Madd. 505); and the present law is to the same effect (Brown v. Perrott, 4 Beav. 585). And by the present law, upon any sale by a mortgagee, the surplus proceeds of sale are charged by any judgments entered up against the mortgagor between the dates of the mortgage and the sale (Robinson v. Hedger, 13 Jur. 846). But under the old law and under the present law a judgment entered up subsequently to a voluntary conveyance, and duly perfected, does not upset the prior voluntary conveyance (Beavan v. Oxford (Earl), 6 De G. M. & G. 507), a judgment creditor not being a purchaser within the meaning of the stat. 27 Eliz. c. 4.

A judgment entered up against an annuitant has been held to be a charge on the land out of which the annuity issues (Younghusband v. Gisborne, 1 De G. & Sm. 209); and the like decision was given regarding a judgment entered up against one entitled to a gross sum of money charged on land (Russell v. M'Culloch, 1 K. & J. 313); but now, by the stat. 18 & 19 Vict. c. 15, s. 11, where a mortgage is paid off prior to the completion of the purchase, any judgment against the mort

JUDGMENT DEBTS-continued. gagee ceases to be a charge on the lands purchased. Greaves v. Wilson, 25 Beav. 434.

The extent of the judgment creditor's remedy at Law depends on the 11th section of the 1 & 2 Vict. c. 110, and the extent of his remedy in Equity on the 13th section of that Act. And, accordingly, at Law the judgment creditor may proceed against all legal estates of his debtor, and also against all estates held simply in trust for him, but not against any equity of redemption of his debtor; and in Equity he may proceed against all and every the lands of his debtor, having first taken out an elegit (Smith v. Hurst, 10 Hare, 30), and obtained actual possession of the lands, if possible, or the nearest equivalent to actual possession (Guest v. Cowbridge Ry. Co., L. R. 6 Eq. 619), and he should pray a sale of the lands (as distinguished from a foreclosure) (Tuckley v. Thompson, 1 J. & H. 126), an order for which he may obtain upon petition in a summary way under the 27 & 28 Vict. c. 112 (Re Isle of Wight Ferry, 11 Jur. (N.S.) 279). Sometimes both a bill and a petition may, however, be necessary (Re Cowbridge Ry. Co., L. R. 5 Eq. 413). If neither an elegit nor a fi. fa. can be sued out there is no remedly. Padwick v. Newcastle (Duke), L. R. 8 Eq. 700.

JUDGMENT ROLL. A parchment roll upon which all proceedings in the cause up to the issue, and the award of venire inclusive, together with the judgment which the Court has awarded in the cause are entered. This roll, when thus made up, is deposited in the treasury of the Court, in order that it may be kept with safety and integrity. In practice, the making up and depositing the judgment roll is generally neglected, unless in cases where it becomes absolutely necessary to do so; as when, for instance, it is required to give the proceedings in the cause in evidence in some other action ; for in such case the judgment-roll, or an examined copy thereof, is the only evidence of them that will be admitted. Smith's Action at Law, 184.

JUDICIAL WRITS. Such writs as issue under the private seal of the Courts, and not under the great seal of England, and are tested or witnessed not in the king's name, but in the name of the chief judge of the Court out of which they issue, are so called. The word “judicial ” is used in contradistinction to original; original writs signifying such as issue out of Chancery under the great seal, and are witnessed in the king's name. Since the Uniformity of Process Act (2 Will. 4, c. 39, s. 31), the distinction has become almost useless.

JUGES D'INSTRUCTION. In French JURORS, IMMUNITY OF-continued. Law, are officers subject to the Procureur- The Star Chamber was the Court by which Imperial (see that title), who receive in

chiefly this summary jurisdiction was excases of criminal offences the complaints of ercised; and although in certain cases the parties injured, and who summon and there may have been good cause for the examine witnesses upon oath, and after Star Chamber to intervene (it is alleged, communication with the procureur-imperial e.g., in the case of Welsh juries), still the draw up the forms of accusation. They jurisdiction and the exercise of it were have also the right, subject to the approval alike inexcusable. After the abolition of of the same superior officer, to admit the the Star Chamber in 1641, the practice of accused to bail. They are appointed for fining and imprisoning jurors for giving three years, but are re-eligible for a further false verdicts was not altogether disconperiod of office. They are usually chosen tinued; for in 22 Car. 2, it was aguin from among the regular judges.

resorted to in the case of Bushell, who was JURAT (from the Lat. juratus, sworn by).

one of the jury who had (notoriously The clause written at the foot of an affida.

against the truth) found that Penn and vit, stating when, where, and before whom

Mead had not preached in Gracechurch such affidavit was sworn, is called the jurat.

Street, contrary to the Act of Uniformity,

the Five Mile Act, or the Conventicle Act. JURISDICTION (jurisdictio). The right This man Bushell, having been imprisoned power, or authority which an individual or along with his fellow jurors upon the late a Court has to administer justice. Thus trial, sued out his writ of habeas corpus ; the three superior Courts of Common Law- and the cause of his imprisonment being viz., the King's Bench, Common Pleas, and stated in the return made to his writ to be Exchequer, have jurisdiction over all per- that he had found a verdict in favour of sonal actions throughout England; that is, Penn and Mead, contrary to the evidence and they have power and authority to hear and also contrary to the direction of the judge in determine such actions throughout England. matter of law, after argument upon the JURIS UTRUM. A writ that lay for

sutficiency or legality of that cause of the succeeding incumbent of a benefice, to

imprisonment, Vaughan, C.J., ordered

Bushell to be released, holding in effect, recover the lands or tenements belonging

therefore, that jurors could not be fined or to the church, which had been aliened by

imprisoned for an alleged false verdict, and his predecessor. Les Termes de la Ley.

basing that opinion upon the following JURORS, IMMUNITY OF.

In early

grounds,times juries were subject to punishment (1.) That the jury were the judges of the and intimidation for giving and in giving evidence and found the same, and their certain verdicts, the chief processes against finding was the only evidence, no matter them being two, namely :

what the alleged evidence adduced might (1.) By writ of attaint; and

be; and (2) By summary fine and imprisonment. (2.) That the judge's direction, even in

First. Attaint was a process which lay matter of law, was not imperative or absopartly by the Common Law and partly by lute, but was hypothetical merely, for he statute. The proceeding consisted in im- could not direct what the law was without panelling a jury of twenty-four to try the first knowing the fact, and the jury had verdict of the twelve. The verdict of the not as yet found the fact at the time he twenty-four was final, and if opposed to gave his direction. that of the twelve, it operated the two This sophism of the chief justice, which following effects, namely :

even a regard for liberty can scarcely pal(1.) It annulled the former verdict; and liate, was effectual in causing the abandon(2.) It convicted the twelve of perjury ment of the summary procedure against and false verdict.

jurors for the future. The other and Thereupon, the convicted jurors were regular proceeding, that by attaint, fell arrested and imprisoned and rendered gradually into disuse by reason of the infamous for ever; their lands and goods extreme severity of its consequences, and were forfeited to the king, their wives and it was eventually abolished altogether by children were turned out of their homes, the County Juries Act, 1825 (6 Geo. 4, their houses were thrown down, their trees c. 50), which substituted a motion for a were rooted up, and their meadows were new trial as the mode, and that is at the ploughed. This proceeding was available present day the only mode, of impugning only in the case of a verdict in civil causes. or, at any rate, reviewing the verdict of a

Secondly, the summary process by fine jury. This mode is available, moreover, in and imprisonment, although it was fre- civil cases only. quently resorted to, was admitted to be illegal, as being against Magna Charta. JURY (jurata, from jurare, to swear),



JURY, TRIAL BY-continued. A certain number of men (usually twelve) | having arisen regarding certain lands, and to whose decision the matter in dispute a suit having been instituted about it in between a plaintiff and defendant is sub- the County Court, the matter was referred mitted, and who are bound upon their oaths to a committee of thirty-six thanes for its to decide (or give their verdict) according determination. to the evidence which is laid before them Now, it may be said that these bodies on the trial of the cause. Such men, indi- were not jurors, but compurgators: but to vidually, are called jurors. A jury is this it is replied that compurgation was, either a common jury or a special jury. in Anglo-Saxon times (as in all early ages), A common jury consists of persons between a natural mode of evidence, being the oath the ages of twenty-one and sixty, who or onths of the collective bodies to the shall have £10 a year, beyond reprises, in effect that they disbelieved the truth of the lands and tenements of freehold, copy- accusation (see title COMPURGATION), and hold, or customary tenure, or held in it being, moreover, a more peculiar chaancient demesne, or in rents issuing out of racteristic of the Anglo-Saxons that they such tenements, in fee simple, fee tail, or gave great weight to credit or general for life, or £20 a year in leaseholds held character,-a species of evidence but little for twenty-one years or any longer term, regarded in civilised times, e.g., in the or any term determinable on a life or lives : present day. See title CHARACTER, Evior, being a householder, shall be rated to the poor rate, or in Middlesex to the house This rude mode of taking evidence duty, in a value of not less than £30; or having been discontinued in Anglo-Norwho shall occupy a house containing not man times, there was introduced in those less than fifteen windows. These qualifi- later times, in lieu of compurgation, an cations, however, do not extend to jurors of inquest, or inquisition, i.e., inquiry into the any liberties, franchises, cities, or boroughs particular circumstances or the details of who possess civil or criminal jurisdiction. the case, but evideuce of character was not It is called a common jury, because the even then (as it is not even yet) altogether matter to be tried by it is only of a com- laid aside. mon or ordinary nature. A special jury This inquest was made by sworn recogconsists of persons of the degree of squire nitors, being twelve or twenty-four in or upwards, or of the quality of banker, or number, as well in civil as in criminal merchant, &c. It is called special, because proceedings. In the reign of Henry II., the matter to be tried by it is usually of a the assize of novel disseisin, called also special and important nature, and is sup- the magna assiza, or grand assize, was posed to require men of education and introduced, whereby, in a civil suit, the intelligence to understand it. See also plaintiff'or defendant had his choice either Jury Act, 1870, 33 & 34 Vict. c. 77. to try the dispute by combat, or to put

himself on this assize, which was composed JURY, TRIAL BY. It is a disputed of sixteen sworn recognitors and in the point whether trial by jury existed in same reign the ancient privilege of comAnglo-Saxon times, but the following may purgation, pure and simple, was abolished. be considered as traces of that mode of In the reign of Henry III. trial by ordeal trial in those times in its rudest aspect;- was abolished, and trial by a petty jury in

(1.) A law of Alfred, requiring a king's criminal causes was introduced ; and with thane accused of homicide to purge himself that reign trial by jury, both in civil and of the charge with twelve king's thanes, in criminal matters, may be regarded as and a lesser thane under like accusation to having been for the first time completely purge himself with eleven of his equals established, subject, however, to the fol. and one king's thane;

lowing qualification, namely, (2.) One of the canons of the Northum- The jurymen were originally themselves brian clergy, requiring a king's thane to the witnesses, and their verdict or finding purge himself before twelve king's thanes was the result of their own knowledge, of his own choice, twelve others appointed massisted by other testimony; but it was for him, and twelve British strangers, be- impossible that twelve men should always ing thirty-six men altogether, with similar be acquiinted with the circumstances of provisions for lesser thanes and cevrls ; the matter before them, and the distinction

(3.) A law of Ethelred II., whereby the of jurors from witnesses was early telt to be sheriff and twelve thanes in every wapen- a necessity, and the distinction itself was, take were constituted a tribunal of justice; in fact, made at some early but unassignand

able date. It is probable that as the law (4.) The case of the monastery of Ram- of evidence became gradually better undersey, in which a controversy between the stood, and the weakness of charactermonastery and a certain private individual evidence became gradually more apparent, JURY, TRIAL BY-continued.

JUSTICES -- continued. so the distinction referred to became gradu- | The various sorts of justices will be foun:l ally more and more perceived to be neces- under their proper heads in the following sary and to be taken, until, at the present titles. day, the distinction is become marked and essential. And yet, even at the present

JUSTICES OF ASSIZE, or, as they are day, the jury may assist themselves by

sometimes called, justices of nisi prius. The their own knowledge as well as by the

judges of the superior Courts at Westtestimony of the witnesses.

minster, who go circuit into the various

counties of England and Wales twice a JUS. Right, law, authority, &c. year, for the purpose of disposing of such See the following titles.

causes as are ready for trial at the assizes,

are termed justices of assize. JUS ACCRESCENDI is used by our old

See also title CIRCUITS. law writers to signify the right of survivorship amongst joint tenants, &c.

JUSTICES IN EYRE. So called from See title SCRVIVORSHIP.

the old French word eire, i.e., a journey, JUS AD REM signifies the inchoate or

were those justices who in ancient times imperfect right to a thing, in contradis

were sent by commission into various tinction to jus in re, which signities the

counties to hear more especially such causes complete and perfect right in the thing.

as were termed plens of the Crown; they

differed from justices in oyer and terminer, JUS DUPLICATUM, or DROIT DROIT,

inasmuch as the latter were sent to one signifies the right of possession joined with place, and for the purpose of trying only a the right of property.

limited number of special causes; whereas

the justices in eyre were sent through the JUS IN RE: See title JUS AD REM. various counties with a more indetinite and

general commission ; in some respects they JUS POSTLIMINII is a right to restitu

resembled our present justices of assize, tion after a re-capture as applied in mari

although their authority and manner of time law,-a use of the phrase which is proceeding differed much from them. derived from the Roman jus postliminii, which restored the citizen of Rome who JUSTICES OF THE FOREST were officers had been made a slave to his threshold, who had jurisdiction over all offences comi.e., to his franchise. The term is there- mitted within the forest against vert or fore metaphorically used in our Admiralty

venison. The Court wherein these justices Courts to signify a resumption of an original

sat and determined such causes was called inherent right to a re-captured British ship the justice seat of the forest. They were in the lezal owners. But the phrase is

also sometimes called the justices in eyre also frequently used with an analogous

of the forest. meaning in other branches of the law.

JUSTICES OF GAOL DELIVERY. Those JUS RECUPERANDI, INTRANDI, &c. justices who are sent with commission to is the right of recovering and entering

hear and determine all causes appertaining lands Tomlins; Cowel.

to such persons who for any offence have

been cast into gaol. Part of their authority JUS TERTII. This phrase, which signi

punish those who let to mainprise fies literally the right of some third person,

those prisoners who were not bailable by is commonly applied in the following

the law, nor by the Statute De finibus ; and manner: a tenant, it is true, cannot dispute the title of his landlord, but he may plead

they seem formerly to have been sent into that such title has determined by convey

the country upon this exclusive occasion,

but afterwards justices of assize had the ance or otherwise ; and so also a bailee

same authority given them. when sued to re-deliver the goods bailed to him, cannot as a rule deny the right of the JUSTICES OF THE HUNDRED. A bailor (who delivered them to him) to re- hundredor, lord of the hundred, he who cover the goods; nevertheless he may shew

had the jurisdiction of a hundred, and that by transfer, assignment, or otherwise, held the Hundred Court. the bailor's right to have the goods redelivered to him has determined, e.g., a

JUSTICES OF THE JEWS. Justices appawnbroker will regard only the holder of pointed by Richard I. to carry into effect the duplicate, and to an action brought by the laws and orders which he had made for the pawnor, will set up the defence of jus regulating the contracts and usury of the tertii.

Jews. JUSTICES (justiciarii).

Officers ap

JUSTICES OF LABOURERS. Justices pointed by the Crown to administer justice. who were formerly appointed to redress the



-continued previous statutes, but is seldom if ever in fact made, owing to the equally effective, if not so speedy, remedy which is provided in the ordinary police and criminal processes for the apprehension and punishment of offenders.


JUSTICES OF LABOURERS-continued. frowardness of labouring men, who would not work without having unreasonable wages granted them.


JUSTICES OF OYER AND TERMINER. These justices of oyer and terminer are certain persous appointed by the king's commission, among whom are usually two judges of the Courts at Westminster, and who go twice in every year into every county of the kingdom (except London and Middlesex), and at what is usually called the assizes hear and determine all treasons, felonies, and misdemeanors. They are usually those who have before been described under the titles of Justices of Assize, and Justices of Gaol Delivery.

JUSTICES OF THE PEACE. Certain justices appointed by the king's special commission under the great seal jointly and separately, to keep the peace of the country where they dwell. Any two or more of them are empowered by this commission to inquire of and determine felonies and other misdemeanors, in which number some particular justices, or one of them, are directed to be always included, and no business to be done without their presence, the words of the commission running thus: “

quorum aliquem vestrum,' A. B. C. D., &c., unum esse volumus ;' whence the persons so named are usually called justices of the quorum.

JUSTICES OF THE PEACE, ORIGIN OF. The origin of these magistrates is to be found in the reign of Edward I., who by the stat. 3 Edw. 1 (Statute of Westminster the First) c. 9, and by the statute of Coroners (4 Edw. 1, stat. 2), but chiefly by the statute of Winton, otherwise Winchester (13 Edw. 1), directed that every country and town should be well kept, and that upon any robbery or felony committed therein, hue and cry should be raised upon the felon, and they that kept the town were to follow him with hue and cry from town to town with all the town and the towns near ; and failing capture, the hundred was made liable for the damage. In the reign of Edward III., conservators of the peace were appointed, whose duty it was to assist the sheriff, coroner, and constable, and they were empowered to imprison and punish rioters and offenders. These cunservators were afterwards designated justices of the peace. By a more recent statute, 27 Eliz. c. 13, the sheriff or constable was required to make the pursuit both with horse and foot; and to the present day, lue and cry in that manner may still be made under that and the

JUSTICIES. A writ directed to the sheriff, empowering him for the sake of dispatch to try an action in his County Court for a larger amount than he has the ordinary power to do. It is so called because it is a commission to the sheriff to do the party justice. 4 Inst. 266.

JUSTIFICATION. Pleas in justification or excuse are such as shew some justification or excuse of the matter charged in the declaration, the effect of which is to shew that the plaintiff never had any right of action because the act charged was lawful ; a plea of son assault demesne is one of this kind of pleas (Stephen on Plead. 224). They are, however, more common in actions for a libel, to which the defendant justifies on the score either of privilege, or of truth and the public advantage.

JUSTIFYING BAIL. Is the act of proving to the satisfaction of the Court that the persons put in as bail for the defendant in an action are competent and sufficient persons for the purpose. No persons are justified in becoming bail for a defendant unless they are householders and possess certain other qualitications with reference to property, &c.; but it frequently happens that persons become, or endeavour to become, bail for a defendant, who are not so qualified, or whom the plaintiff suspects not to be so qualified : in this case the plaintiff' objects to such bail (or, as it is termed, excepts to them), who are then called on to justify themselves, and this they do by swearing themselves to be housekeepers, and to possess the other qualifications required of them; and this is termed justifying bail. They frequently justify voluntarily, without being required to do so by the plaintiff. 1 Arch. Prac. 817-57; Tidd. 149.



KEEPER OF THE GREAT SEAL. A high officer of state', through whose hands pars all charters, grants, and commissions of the king under the great seal. He is styled Lord Keeper of the Great Seal, and this office and that of Lord Chancellor are united under one person ; for the authority

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