JUDICIAL. Belonging, or emanating from a judge, as such.
2. Judicial sales, are such as are ordered by virtue of the process of
courts. 1 Supp. to Ves. jr., 129, 160; 2 Ves. jr., 50.
3. A judicial writ is one issued in the progress of the cause, in
contradistinction to an original writ. 3 Bl. Com. 282.
4. Judicial decisions, are the opinions or determinations of the judges in
causes before them. Hale, H. C. L. 68; Willes' R. 666; 3 Barn. & Ald. 122 4
Barn. & Adol. 207 1 H. B1. 63; 5 M. & S. 185.
5. Judicial power, the authority vested in the judges. The constitution of
the United States declares, that "the judicial power of the United States shall
be vested in one supreme court, and in such inferior courts as the congress may,
from time to time, ordain and establish." Art. 3, s. 1. 6. By the constitutions
of the several states, the judicial power is vested in such courts as are
enumerated in each respectively. See the names Of, the several states. There is
nothing in the constitution of the United States to forbid or prevent the
legislature of a state from exercising judicial functions; 2 Pet. R. 413; and
judicial acts have occasionally been performed by the legislatures. 2 Root, R.
350; 3 Greenl. R. 334; 3 Dall. R. 386; 2 Pet. R. 660; 16 Mass. R. 328; Walk. R.
258; 1 New H. Rep. 199; 10 Yerg. R. 59; 4 Greenl. R. 140; 2 Chip., R. 77; 1 Aik.
R. 314. But a state legislature cannot annul the judgments, nor determine the
jurisdiction of the courts of the United States; 5 Cranch, It. 116; 2 Dall. R.
410; nor authoritatively declare what the law is, or has been, but what it shall
be. 2 Cranch, R. 272; 4 Pick. R. 23. Vide Ayl. Parerg. 27; 3 M. R. 248; 4 M. R.
451; 9 M. R. 325; 6 M. R. 668; 12 M. R. 349; 3 N. S. 551; 5 N. S. 519; 1 L. R.
438 7 M. R. 325; 9 M. R. 204; 10 M. R. 1.
JUDICIAL ADMISSIONS. Those which are generally made in writing in
court by the attorney of the party; they appear upon the record, as in the
pleadings and the like.
JUDICIAL CONFESSIONS, criminal law. Those voluntarily made before a
magistrate, or in a court, in the due course of legal proceedings. A preliminary
examination, taken in writing, by a magistrate lawfully authorized, pursuant to
a statute, or the plea of guilty, made in open court to an indictment, are
sufficient to found a conviction upon them.
JUDICIAL CONVENTIONS. Agreements entered into in consequence of an
order of court; as, for example, entering into a bond on taking out a writ of
sequestration. 6 N. S. 494.
JUDICIAL MORTGAGE. In Louisiana, it is the lien resulting from
judgments, whether these be rendered on contested cases, or by default, whether
they be final or provisional, in favor of the person obtaining them. Civ. Code
of Lo. art. 3289.
JUDICIAL SALE. A sale by authority of some competent tribunal, by an
officer authorized by law for the purpose.
2. The officer who makes the sale, conveys all the rights of the defendant,
or other person against whom the process has been issued, in the property sold.
Under such a sale there is no warranty, either express or implied, of the thing
sold. 9 Wheat. 616. When real estate is sold by the sheriff or marshal, the sale
is subject to the confirmation of the court, or it may be set aside. See 4 Wash.
C. C. R. 45 Wallace, 128; 4 Wash. C. C. R. 322.
JUDICIAL WRITS, Eng. practice. The capias and all other writs
subsequent to the original writ not issuing out of chancery, but from the court
into which the original was returnable, and being grounded on what had passed in
that court in consequence of the sheriff's return, were called judicial writs,
in contradistinction to the writs issued out of chancery, which were called
original writs. 3 Bl. Com. 282.
JUDICIARY. That which is done while administering justice; the judges
taken collectively; as, the liberties of the people are secured by a wise and
independent judiciary. See Courts; and 3 Story, Const. B. 3, c. 3 8.
JUDICIUM DEI. The judgment of God. The English law formerly impiously
called the judgments on trials by ordeal, by battle, and the like, the judgments
JUICIO DE CONCURSO. This term is Spanish, and is used in Louisiana. It
is the name of an action brought for the purpose of making a distribution of an
insolvent's estate. It differs from all other actions in this important
particular, that all the parties to it except the insolvent, are at once
plaintiffs and defendant. Each creditor is plaintiff against the failing debtor,
to recover the amount due by him, and against the co-creditors, to diminish the
amount they demand from his estate, and each is, of necessity, defendant against
the opposition made by the other creditors against his demand. From the peculiar
situation in which the parties are thus placed, many distinct and separate suits
arise, and are decided during the pendancy of the main one, by the insolvent in
which they originate. 4 N. S. 601, 3 Harr. Cond. Lo. R. 409.
2. This has been held to be no part of a man's name, but an addition by use,
and a convenient distinction between a father and son of the same name. 10 Mass.
R. 203 10 Paige, 170; 1 Pick. R. 388; 7 John . It. 549; 2 Caines, 164 1 Pick.
388 15 Pick. 7; 17 Pick. 200 3 Metc. 330.
3. Any matter that distinguishes persons renders the addition of junior or
senior unnecessary. 1 Mod. Ent. 35; Salk. 7. But if father and son have both the
same name, the father shall be, prima facie, intended, if junior be not added,
or some other matter of distinction. Salk, 7; 6 Rep. 20 11 Rep. 39; Hob. 330. If
father and son have the same name and addition, and the former sue the latter,
the writ is abateable unless the son have the further addition of junior, or the
younger. But if the father be the defendant and the son the plaintiff, there is
no need of the further addition of senior, or the elder, to the name of the
father. 2 Hawk. 187; Laws of Women, 380.
JUNIPERUS SABINA, med. jur. This plant is commonly called savine.
2. It is used for lawful purposes in medicine, but too frequently for the
criminal intent of producing abortion, generally endangering the life of the
woman. It is usually administered in powder or oil. The dose of oil for lawful
purposes, for a grown person, is from two to four drops. Parr's Med. Dictionary,
article Sabina. Fodere mentions a case where a large dose of powdered savine had
been administered to an ignorant girl, in the seventh month of her pregnancy,
which had no effect on the foetus. It was, however, near taking the life of the
girl. Fodere, tome iv. p. 431. Given in sufficiently large doses, four or six
grains in the form of powder, kills a dog in a few hours, and even its insertion
into a wound has tho same effect. Orfila, Traite des Poisons, tome iii. p. 42.
For or a form of indictment for administering savine to a woman quick with
child, see 3 Chit. Cr. Law, 798. Vide 1 Beck's Med. Jur. 316,
JURA PERSONARUM. The rights and duties of persons are so called.
JURA RERUM. The rights which a man may acquire in and to such external
things as are unconnected with. his person, are called jura rerum. 2 Bl. Com.
JURA SUMMA IMPERII. Rights of sovereignty or supreme dominion.
JURAMENTAE CORPORALIA. Corporal oaths. These oaths are so called,
because the party making oath must touch the Bible, or other thing by which he
JURAMENTUM JUDICIALE. A term in the civil law. The oath called
juramentum judiciale is that which the judge, of his wwn accord, defers to
either of the parties.
2. It is of two kinds. 1st. That which the judge defers for the decision of
the cause, and which is understood by the general name juramentum judiciale, and
is sometimes called suppletory oath, juramentum suppletorium.
3. - 2d. That which the judge defers in order to fix and determine the amount
of the condemnation which he ought to pronounce, and which is called juramentum
in litem. Poth. on Oblig. P. 4, s. 3, art. 3.
JURAT Practice. That part of an affidavit where the officer certifies
that the same was "sworn" before him.
2. The jurat is usually in the following form, namely "Sworn and subscribed
before me, on the ____ day of _______, 1842, J. P. justice of the peace."
3. In some cases it has been holden that it was essential that the officer
should sign the jurat, and that it should contain his addition and official
description. 3 Caines, 128. But see 6 Wend. 543; 12 Wend. 223; 2 Cowen. 552 2
Wend. 283; 2 John. 479; Harr. Dig. h. t.; Am. Eq. Dig.
JURATA. A certificate placed at the bottom of an affidavit, declaring
that the witness has been sworn or affirmed to the truth of the facts therein
alleged. Its usual form is,: Sworn (or affirmed) before me, the ____ day of
____, 10 __." The Jurat. (q. v.)
JURATS, officers. In some English corporations, jurats are officers
who have much the same power as aldermen in others. Stat. 1 Ed. IV. Stat. 2
& 3 Ed. VI. c. 30; 13 Ed. I., c. 26.
JURE. By law; by right; in right; as, jure civilis, by the civil law;
jure gentium, by the law of nations; jure representationis, by right of
representation; jure uxoris, in right of a wife.
JURIDICAL. Signifies used in courts of law; done in conformity to the
laws of the country, and the practice which is there observed.
JURIDICAL DAYS. Dies juridici. Days in court on which the law is
JURIS ET DE JURE. A phrase employed to denote conclusive presumptions
of law, which cannot be rebutted by evidence. The words signify of law and from
law. Best on Presumption, §17.
JURISCONSULT. One well versed in jurisprudence; a jurist: one whose
profession it is to give counsel on questions of law.
JURISDICTION, Practice. A power constitutionally conferred upon a
judge or magistrate, to take cognizance of, and decide causes according to law,
and to carry his sentence into execution. 6 Pet. 591; 9 John. 239. The tract of
land or district within which a judge or magistrate has jurisdiction, is called
his territory, and his power in relation to his territory is called his
2. Every act of jurisdiction exercised by a judge without his territory,
either by pronouncing sentence or carrying it into execution, is null. An
inferior court has no jurisdiction beyond what is expressly delegated. 1 Salk.
404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311; and see Bac. Ab.
Courts, &c., C, et seq; Bac. Ab. Pleas, E 2.
3. Jurisdiction is original, when it is conferred on the court in the first
instance, which is called original jurisdiction; (q. v.) or it is appellate,
which is when an appeal is given from the judgment of another court.
Jurisdiction is also civil, where the subject-matter to be tried is not of a
criminal nature; or criminal, where the court is to punish crimes. Some courts
and magistrates have both civil and criminal jurisdiction. Jurisdiction is also
concurrent, exclusive, or assistant. Concurrent jurisdiction is that which may
be entertained by several courts. It is a rule that in cases of concurrent
jurisdictions, that which is first seized of the case shall try it to the
exclusion of the other. Exclusive jurisdiction is that which has alone the power
to try or determine the Suit, action, or matter in dispute. assistant
jurisdiction is that which is afforded by a court of chancery, in aid of a court
of law; as, for example, by a bill of discovery, by the examination of witnesses
de bene esse, or out of the jurisdiction of the court; by the perpetuation of
the testimony of witnesses, and the like.
4. It is the law which gives jurisdiction; the consent of, parties, cannot,
therefore, confer it, in a matter which the law excludes. 1 N. & M. 192; 3
M'Cord, 280; 1 Call. 55; 1 J. S. Marsh. 476; 1 Bibb, 263; Cooke, 27; Minor, 65;
3 Litt. 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441; 1 Const. R.
478. But where the court has jurisdiction of the matter, and the defendant has
some privilege which exempts him from the jurisdiction, he may wave the
privilege. 5 Cranch, 288; 1 Pet. 449; 8 Wheat. 699; 4 W. C. C. R. 84; 4 M'Cord,
79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213.
5. Courts of inferior jurisdiction must act within their jurisdiction, and so
it must appear upon the record. 5 Cranch, 172 Pet. C. C. R. 36; 4 Dall. 11; 2
Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513; Pr. Dec. 380; 2 Verm. 329; 3
Verm. 114; 10 Conn. 514; 4 John. 292; 3 Yerg. 355; Walker, 75; 9 Cowen, 227; 5
Har. & John. 36; 1 Bailey, 459; 2 Bailey, 267. But the legislature may, by a
general or special law, provide otherwise. Pet. C. C. R. 36. Vide 1 Salk. 414;
Bac. Ab. Courts, &c., C. D; Id. Prerogative, E 6; Merlin, Rep. h. t.; Ayl.
Pat. 317, and the art. Competency. As to the force of municipal law beyond the
territorial jurisdiction of the state, see Wheat. Intern. Law, part a, c. 2, §7,
et seq.; Story, Confl. of Laws, c. 2; Huberus, lib. 1, t. 3; 13 Mass. R. 4 Pard.
Dr. Com. part. 6, t. 7, c. 2, §1; and the articles Conflict of Laws; Courts of
the United States. See generally, Bouv. Inst. Index, h. t.
JURISDICTION CLAUSE. That part of a bill in chancery which is intended
to give jnrisdiction of the suit to, the court, by a general averment that the'
acts complained of are contrary to equity, and tend to the injury of the
plaintiff, and that. he has no remedy, or not a complete remedy, without the
assistance of a court of equity, is called the jurisdiction clause. Mitf. Eq.
Pl. by Jeremy, 43.
2. This clause is unnecessary, for if the court appear from the bill, to have
jurisdiction, the bill will be sustained without this clause; and if the court
have not jurisdiction, the bill will be dismissed though the clause may be
inserted. Story, Eq. Pl. §34.
JURISPRUDENCE. The science of the law. By science here, is understood
that connexion of truths which is founded on principles either evident in
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 making a
just application of them to all cases as they arise. In this sense, it is the
habit of judging the same questions 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. Rep. h. t.; 19 Amer. Jurist, 3.
JURIST. One well versed in the science of the law. The term i's
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.
2. Jurors are selected from citizens, and may be compelled to serve by fine;
they generally receive a compensation for their services while attending court
they are privileged from arrest in civil cases.
JURY. A body of men selected according to law, for the purpose of
deciding some controversy.
2. This mode of trial by jury was adopted soon after the conquest of England,
by William, and was fully established for the trial of civil suits in the reign
of Henry II. Crabb's C. L. 50, 61. In the old French law they are called
inquests or tourbes of ten men. 2 Loisel's Instit. 238, 246, 248.
3. Juries are either grand juries, (q. v.) or petit juries. The former having
been treated of elsewhere, it will only be necessary to consider the latter. A
petit jury consists of twelve citizens duly qualified to serve on juries,
impanneled and sworn to try one or more issues of facts submitted to them, and
to give a judgment respecting the same, which is called a verdict.
4. Each one of the citizens so impanneled and sworn is called a juror. Vide
5. The constitution of the United States directs, that "the trial of all
crimes, except in cases of impeachment, 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.
6. It is scarcely practicable to give the rules established in the different
states to secure impartial juries; it may, however, be stated that in all, the
selection of persons who are to serve on the jury is made by disinterested
officers, and that out of -the lists thus made out, the jurors are selected by
JURY BOX. A place set apart for the jury to sit in during the trial of
a cause. JURY LIST. A paper containing the names of jurors impanneled to
try a cause, or it contains the names of all the jurors summoned to attend
JUS. Law or right. This term is applied in many modern phrases. It is
also used to signify equity. Story, Eq. Jur. §1; Bract, lib. 1, c. 4, p. 3;
Tayl. Civ. Law, 147; Dig. 1, 1, 1.
2. The English law, like the Roman, has its jus antiquum and jus novum and
jus novissimum. The jus novum may be supposed to have taken its origin about the
end of the reign of Henry VII. A. D. 1509. It assumed a regular form towards the
end of the reign of Charles II. A. D. 1685, and from that period the jus
novissimum may be dated. Lord Coke, who was born 40 years after the death of
Henry VII. is most advantageously considered as the connecting link of the jus
antiquum and jus novissimum of English law. Butler's Remin.
JUS ABUTENDI. The right to abuse. By this phrase is understood the
right to abuse property, or having full dominion over property. 3 Toull. n.
JUS ACCRESCENDI. The right of survivorship.
2. At common law, when one of several joint tenants died, the entire tenancy
or estate went to the survivors, and so on to the last survivor, who took an
estate of inheritance. This right, except in estates held in trust, has been
abolished by statute in Alabama, Delaware, Georgia, Illinois, Indiana, Kentucky,
Michigan, Missouri Mississippi, New York, North Carolina, Pennsylvania,
South-Carolina, Tennessee, and Virginia. Griff. Reg. h. t.; 1 Hill. Ab. 439,
440. In Connecticut, 1 Root, Rep. 48; 1 Swift's Dig. 102. In Louisiana, this
right was never recognized. See 11 Serg. & R. 192; 2 Caines, Cas. Err. 326;
3 Verm. 543; 6 Monr. R. 15; Estate in common; Estate in joint tenancy.
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 is a mere
imperfect or inchoate right. 2 Bl. Com. 312 Poth. Dr. de Dom. de Propriete, ch.
prel. n. 1. This phrase is nearly equivalent to chose in action. 2 Wooddes.
Lect. 235. See, 2 P. Wms. 491; 1 Mason, 221 1 Story, Eq. Jur. 506; 2 Story, Eq.
Jur. §1215; Story, Ag. §352; and Jus in re.
JUS AQUAEDUCTUS, CIV. law. The name of a servitude which Lives 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.
2. Its privilege may be limited as to the time when it may be exercised. If
the source fails, the servitude ceases, but revives when the water returns. If
the water rises in, or naturally flows through the land, its proprietor cannot
by any grant divert it so as to prevent it flowing to the land below. 2 Roll.
Ab. 140, l. 25; Lois des Bat. part. 1, c. 3, s. 1, art. 1. But if it had been
brought. into his land by artificial means, it seems it 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. Vide Rain water.; River; Water-course.
JUS CIVILE. Among the Romans by jus civile was understood the civil
law, in contradistinction to the public law, or jus gentium. 1 Savigny, Dr. Rom.
c. 1, §1.
JUS CIVITATIS. Among the Romans the collection of laws which are to be
observed among all the members of a nation were so called. It is opposed to jus
gentium, which is the law which regulates the affairs of nations among
themselves. 2 Lepage, El. du Dr. ch. 5, page l.
JUS CLOACAE, civil law. The name of a servitude which requires the
paity who is subject to it, to permit his neighbor to conduct the waters which
fall on his grounds over those of the servient estate.
JUS DARE. To give or to make the law. Jus dare belongs to the
legislature; jus dicere to the judge.
JUS DICERE. To declare the law. This word is used to explain the power
which the court has to expound the law; and not to make it, jus dare.
JUS DELIBERANDI. The right of deliberating, which in some countries,
where the heir may have benefit of inventory, (q. v.) is given to him to
consider whether he will accept or renounce the succession.
2. In Louisiana he is allowed ten days before he is required to make his
election. Civ. Code, art. 1028.
JUS DISPONENDI. The right to dispose of a thing.
JUS DUPLICATUM, property, title. When a man has the possession as well
as the property of anything, he is said to have a double right, jus duplicatum.
Bract. 1. 4, tr. 4, c. 4 2 Bl. Com. 199.
JUS FECIALE. Among the Romans it was that species of international law
which had its foundation in the religious belief of different nations, such as
the international law which now exists among the Christian people of Europe.
Sav. Dr. Rom. ch. 2,
JUS FIDUCIARUM, Civil law. A right to something held in trust; for
this there was a remedy in conscience. 2 Bl. Com. 328.
JUS GENTIUM. The law of nations. (q. v.) Although the Romans used
these words in the sense we attach to law of nations, yet among them the sense
was much more extended. Falck, Encyc. Jur. 102, n. 42.
2. Some modern writers have made a distinction between the laws of nations
which have for their object the conflict between. the laws of different nations,
which they call jus gentium privatum, or private international law; and those
laws of nations which regulate those matters which nations, as such, have with
each other, which is de nominated jus gentium publicum, or public international
law. Foelix, Droit Interm. Prive, n. 14.
JUS GLADII. Supreme jurisdiction. The right to absolve from, or
condemn a man to death.
JUS HABENDI. The right to have and enjoy a thing.
JUS INCOGNITUM. An unknown law. This term is applied by the civilians
to obsolete laws, which, as Bacon truly observes, are unjust, for the law to be
just must give warning before it strikes. Bac. Aphor. 8, s. 1: Bowy. Mod. Civ.
Law, 33. But until it has become obsolete no custom can prevail against it. Vide
JUS LEGITIMUM, civil law. A legal right which might have been enforced
by due course of law.. 2 Bl. Com. 328.
JUS MARITI, Scotch law. The right of the hushand to administer, during
the marriage, his wife's goods and the rents of her heritage.
2. In the common law, by jus mariti is understood the rights of the hushand;
as, jus mariti cannot attach upon a bequest to the wife, although given during
coverture, until the executor has assented to the legacy. 1 Bail. Eq. R.
JUS MERUM. A simple or bare right; a right to property in land,
without possession, or the right of possession.
JUS PATRONATUS, eccl. law. A commission from the bishop, directed
usually to his chancellor and others of competent learning, who are required to
summon a jury composed of six clergymen and six laymen, to inquire into and
examine who is the rightful patron. 3 Bl. Com. 246.
JUS PERSONARUM. The right of persons.
2. A branch of the law which embraces the theory of the different classes of
men who exist in a state which has been formed by nature or by society; it
includes particularly the theory of the ties of families, and the legal form and
juridical effects of the relations subsisting between them. The Danes, the
English, and the learned in this country, class under this head the relations
which exist between men in a political point of view. Blackstone, among others,
has adopted this classification. There seems a confusion of ideas when such
matters are placed under this head. Vide Bl. Com. Book 1.
JUS PRECARIUM, civil law. A right to a thing held for another, for
which there was no remedy. 2 Bl. Com. 328.
JUS POSTLIMINII, property, title. The right to claim property after
re-capture. Vide, Postliminy; Marsh. Ins. 573; 1 Kent, Com. 108. Dane's Ab.
Index, h. t.
JUS PROJICIENDI, Civil law. The name of a servitude; it is the right
which the owner of a building has of projecting a part of his building towards
the adjoining house, without resting on the latter. It is extended merely over
the ground. Dig. 50, 16, 242, 1; Dig. 8, 2, 25; Dig. 8, 5, 8, 5.
JUS PROTEGENDI, civil law. The name of a servitude; it is a right by
which a part of the roof or tiling of one house is made to extend over the
adjoining house. Dig. 50, 16, 242, 1 Dig. 8, 2, 25; Dig. 8, 5, 8, 5.
JUS QUAESITUM. A right to ask or recover; for example, in an
obligation there is a binding of the obligor, and a jus quaesitum in the
obligee. 1 Bell's Com. 323, 5th ed.
JUS IN RE, property, title. The right which a man has in a thing by
which it belongs to him. It is a complete and full right. Poth. Dr. de Dora. de
Prop. n. 1.
2. This phrase of the civil law conveys the same idea as thing, in possession
does with us. 4 Wooddes. Lect. 235; vide 2 P. Wins. 491; 1 Mason, 221; 1 Story,
Eq. Jur. §506; 2 Story, Eq. Jur. §1215; Story, Ag. §352; and Jus ad rem.
JUS RELICTA, Scotch law. The right of a wife, after her hushand's
death, to a third of movables, if there be children; and to one-half, if there
JUS RERUM. The right of things. Its principal object is to ascertain
how far a person can have a permanent dominion over things, and how that
dominion is acquired. Vide Bl. Com. Book 2.
JUS STRICTUM. A Latin phrase, which signifies law interpreted without
any modification, and in its utmost rigor.
JUS UTENDI. The right to use property, without destroying its
substance. It is employed in contradistinction to the jus abutendi. (q. v.) 3
Toull. n. 86.
JUST. This epithet is applied to that which agrees with a given law
which is the test of right and wrong. 1 Toull. prel. n. 5 Aust. Jur. 276, n. It
is that which accords with the perfect rights of others. Wolff, Inst. §83;
Swinb. part 1, s. 2, n. 5, and part 1, §4, n. 3. By just is also understood full
and perfect, as a just weight Swinb. part 1, s. 3, U. 5.