Legal Term Dictionary

The original signification of this word was a day's travel. It is now applied to a travel by land from place to place, without restriction of time. But, when thus applied, it is employed to designate a travel which is without the ordinary habits, business, or duties of the person, More...

The original signification of this word was a day's travel. It is now applied to a travel by land from place to place, without restriction of time. But, when thus applied, it is employed to designate a travel which is without the ordinary habits, business, or duties of the person, to a distance from his home, and beyond the circle of his friends or acquaintances. Gholson v. State, 53 Ala. 521, 25 Am. Rep. 652. Less...

In English law. Regrators of yarn. 8 Hen. VL c. 5.

In English law. Regrators of yarn. 8 Hen. VL c. 5. Less...

A workman hired by the -day, or other given time. Hart v. Ald-ridge, 1 Cowp. 56; Butler v. Clark, 46 Ga. 468.

A workman hired by the -day, or other given time. Hart v. Ald-ridge, 1 Cowp. 56; Butler v. Clark, 46 Ga. 468. Less...

In English practice. The name of a writ (now obsolete) which might be sued out where a former writ had abated without the plaintiff's fault The length of time allowed for taking it out depended on the length of the journey the party must make to reach the court; whence More...

In English practice. The name of a writ (now obsolete) which might be sued out where a former writ had abated without the plaintiff's fault The length of time allowed for taking it out depended on the length of the journey the party must make to reach the court; whence the name. Less...

Lat In the civil law. To order, direct or command. Calvin. The word jubeo, (I order,) in a will, was called a "word of direction," as distinguished from "precatory words." Cod. 6, 43, 2. To assure or promise. To decree or pass a law.

Lat In the civil law. To order, direct or command. Calvin. The word jubeo, (I order,) in a will, was called a "word of direction," as distinguished from "precatory words." Cod. 6, 43, 2. To assure or promise. To decree or pass a law. Less...

In Spanish law. The privilege of a public officer to be retired, on account of infirmity or disability, retaining the rank and pay of his office (or part of the same) after twenty years of public service, and on reaching the age of fifty.

In Spanish law. The privilege of a public officer to be retired, on account of infirmity or disability, retaining the rank and pay of his office (or part of the same) after twenty years of public service, and on reaching the age of fifty. Less...

Lat A Jew.

Lat A Jew. Less...

The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. A usurious rate of interest. 1 Mon. Angl. 839; 2 Mon. Angl. 10,665. Sex marcus sterlingorum ad oc-quietandam terram prcsdictum de Judaismo, in quo fuit impignorata. Du Cange. An income anciently accruing to More...

The religion and rites of the Jews. Du Cange. A quarter set apart for residence of Jews. A usurious rate of interest. 1 Mon. Angl. 839; 2 Mon. Angl. 10,665. Sex marcus sterlingorum ad oc-quietandam terram prcsdictum de Judaismo, in quo fuit impignorata. Du Cange. An income anciently accruing to the king from the Jews. Blount Less...

Lat. Zn Roman law. A private person appointed by the prastor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the praetor a written formula Instructing him as to.the legal principles a^?ordlng to which the action was to be More...

Lat. Zn Roman law. A private person appointed by the prastor, with the consent of the parties, to try and decide a cause or action commenced before him. He received from the praetor a written formula Instructing him as to.the legal principles a^?ordlng to which the action was to be judged. Calvin. Hence the proceedings before him were said to be in judicio, as those before the praetor were said to be in jure. In later end modern eivil law. A judge in the modern sense of the term. In old English law. A juror. A judge, in modern sense, especially-as opposed to justiciarius, i c, a common-law Judge-to denote an ecclesiastical judge. Bract fols. 401. 402. -Judex a quo. In modern civil law. The judge from whom, as judex ad quern is the judge to whom, an appeal is made or taken. Halifax, Civil Law, b. 3, c. 11, no. 34.-Judex ad queln. A judge to whom an appeal is taken.-Judex datns. In Roman law. A judge given, that is, assigned or appointed, by the praetor to try a cause.-Judex delegatus. A delegated judge; a special judge.-Judex fiscal!*. A fiscal judge; one having cognizance of matters relating to the fiscus, (g. v.)- Judex ordinarius. In the civil law. An ordinary judge; one who had the right of hearing and determining causes as a matter of his own proper jurisdiction, (ew propria jurisdic-tione,) and not by virtue of a delegated authority. Calvin.-Judex pedaneus. In Roman law. The judge who was commissioned by the { >rsetor to hear a cause was so called, from the ow seat which he anciently occupied at the foot of the praetor's tribunal. Judex sequitatenl semper speetare den* et. A judge ought always to regard equity. Jenk. Cent. p. 45, case 85. Judex ante oeulos sequitatem semper habere debet. A judge ought always to have equity before his eyes. - Judex bonus nihil ex arbitrlo sno fa-ciat, neo propocito domestioss voluntatis, sed jnxta leges et jura pronunciet. A good judge should dor nothing of his own Arbitrary will, nor on the dictate of his personal inclination, but should decide according to law and justice. 7 Coke, 27a. Judex damnatnr onm nooens absolvi-tnr. The judge is condemned when a guilty person escapes punishment Judex debet judicare secundum allegata et probata. The judge ought to decide according to the allegations and the proofs. Judex est lex loquens. A Judge is the law speaking, [the mouth of the law.] 7 Coke, 4a. Judex habere debet dnos sales,-salem sapientise, no sit insipidus; et salem conscientise, no sit diabelns. A judge should have two salts,-the salt of wisdom, lest he be insipid; and the salt of conscience, lest he be devilish. Judex non potest esse testis in propria eansa. A judge cannot be a witness in his own cause. 4 Inst. 279. Judex non potest injnriam sibi detain pnnlre. A Judge cannot punish a wrong done to himself. See 12 Coke, 114. Judex non reddit pins qnam qnod petens ipse requirlt. A judge does not give more than what the complaining party himself demands. 2 Inst. 286. Less...

A public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceedings and the decision of questions of law or. discretion. Todd v. U. S., 158 U, S. 278, 15 Sup. Ct. 889, More...

A public officer, appointed to preside and to administer the law in a court of justice; the chief member of a court, and charged with the control of proceedings and the decision of questions of law or. discretion. Todd v. U. S., 158 U, S. 278, 15 Sup. Ct. 889, 39 L. Ed. 982; Foot v. Stiles, 57 N. Y. 405; In re Lawyers' Tax Cases, 8 Heisk. (Tenn.) 650. "Judge" and "Justice".(a. t>.) are Often used in substantially the same sense. -Judge advocate. An officer of a court-martial, whose duty is to swear in the other members of the court, to advise the court, and to act as the public prosecutor; but he is also so far the counsel for the prisoner as to be bound to protect him from the necessity of answering criminating questions, and to object tp leading questions when propounded to other witnesses.-Judge advocate general. The adviser of the government in reference to courts-martial and other matters of military law. In England, he is generally a member of the house of commons and of the government for the time being.-Judge de facto. One who holds and exercises the office of a judge under color of lawful authority and by a title valid on its face, though he has not full right to the office, as where he was appointed under an unconstitutional statute, or by an usurper of the appointing power, or has not taken the oath of office. State v. Miller, 111 Mo. 542, 20 S. W. 243; Walcott v. Wells, 21 Nev. 47, 24 Pac. 367, 9 U R. A. 59, 37 Am. St Rep. 478: Dredla v. Baache, 60 fteb. 655, 83 N. W. 916: Caldwell v. Barrett, 71 Ark. 310, 74 S. W. 748-Judge-made law. A phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is sometimes used as meaning, simply, the law established by judicial precedent. Cooley. Const Lim. 70, note.- Judge ordinary. By St. 20 & 21 Vict. c. 85, ? 9, the judge of the court of probate was made judge of the court for divorce and matrimonial causes created by that act, under the name of tbe "judge ordinary." In Scotland, the title "judge ordinary" is applied to all those judges, whether supreme or inferior, who, by the nature of their office, have a fixed and determinate jurisdiction in all actions of the same general nature, as contradistinguished from tne old Scotch privy council, or from those judges to whom some special matter is committed; such as commissioners for taking proofs, and messengers at arms. Bell.-Judge's certificate. In English practice. A certificate, signed by the judge who presided at the trial of a cause, that the party applying is entitled to costs. In some cases, this is a necessary preliminary to the taxing of costs for such party. A statement of the opinion of the court, signed by the judges, upon a question of law submitted to them by the chancellor for their decision. See 3 Bl. Comm. 453.-Judge's minutes, or notes. Memoranda usually taken by a judge, while a trial is proceeding, of the testimony of witnesses, of documents offered or admitted in evidence, of offers of evidence, and whether it has been received or rejected, and the like matters,- Judge's order. An order made by a judge at chambers, or out of court. Less...