Page:Black's Law Dictionary (Second Edition).djvu/672

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JUDEX

jiidize to whom, an appeal is made or taken. Halifax. Civil Law, h. 3, c. 11. no. 34.—Jntie_x ad qnem. A judge to whom an appeal is iaken —Jndex datns. in Roman law. .

judge gii en. that is, assigned or appointed, by the prietor to try a musc.—Index delegatns. A deli-sated judge; a special jnd;:e—Jnde_x fisealis. A fiscal judge; one having cogni- zance of matters relating to the flscua. (q. v.)— Index ordinarius. In the civil law. An ordinary judge: one who had the right of hearing and rletermining causes as a matter of l's 0\\n proper jurisdiction. (ea: propria jurisdictic/no.) and not by virtue of a delegated authoriti. (‘alviu.—Jndex pedanens. in Itoman law. The judge who was commissioned by the prictor to hem‘ H cause was so called. from the low seat which he anciently occupied at the foot of the prietofs tribunal.

Index seq ' ‘ debet. A jiike ought always to regard equity. Jeuit. Cent. p. 45, case S5.

Jude: ante uonlus mqnitatem pamper lialuere debet. A judge ought always to have equity before his eyes.

Index "bonus niliil ex nrbitrlo Inn facniat, nee proposito domestiez volnntatis, sell jnxta. leges at jura pronuneiet. A good judge sbould do nothing of his own ar- bitrary iuil. nor on the dictate or his personal inclination, but should decide according to la“ and justice. 7 Coke, 27a.

Jndex damnatnr anm noeens n'bsolvitnr. The judge is condemned when a guilty person escapes punishment.

Index debet judicare seeintllun alle- gnta. et probntn. 'i‘he judge ought to decide according to the allegations and the proofs.

Jndex est lex ioqnens. A judge is the law speaking, [the mouth of the law.] 7 Polio. 4a.

Index habere debet dnoa sa.ies.—snlem lnplenthe. no lit lnsipidns; at snlem conseien ’ , no sit diaibolns. A juke should have two salts.—the salt of wisdom, lest he he insipid: and the salt of conscience. iest he be devilish.

Index non potest ease tenth in pro- prin. cnusa. A ]iifl.'£,€‘ cannot be a witness in his own cause. 4 inst. 279.

Index non patent lnjnriaan sibi datum pnnire. A judge cannot punish a wrong done to himself. See 12 Coke, 1.14.

Index non reddit pins quaan qnod petens ipse reqnirit. A judge does not give more than what the complaining party himself demands. 2 inst. 286.

JUDGE. A public oiflccr. appointed to preside and to administer the iaiv in a court of justice; the chief member of a court, and

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J UDG MEN T

charged with the control of proceedings and the decision or questions of low or disc-re tion. Todd v. U. S.. 158 U. S. 278, 15 Sup. Ct. 839 39 L. E . 98 , Foot v. Stiles, E7 N. ‘Y. 4( In re Law ers’ Tax Cases. S Heist, ('1‘enn.) 650. “Judge" and “Justice" (q. 1;.) are often used in sol’-stsutiaily the some sense.

—Judge advocate. An officer of a court-miirtial, vihose dutv is to swear in the other members of the court. to advise the court, and to act as the puhlic proseciitor; hilt he is also so far the counsel for the prisouci‘ as to be bound to protect him from the l.'l(‘L -.-ity of answering criminating questions, and to object to leading questions when prnpoundcd to other witnesses.—Jui1go advocate general. The adviser of the government in reference to coui'isiuariial and other matters of military law. in he is generally a member of the house of commons and of the government for the time heing.—Indge 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 oiiice. State v. Miller. 111 M0. 542. 20 S. W. ‘.’-I3; Walcott v. Wells, 21 Net’. 47, 2-1 Pac. 30 , 9 L. R. A. 59. 37 Am. St. ROD. 47$: Dri-dla V.

675. 83 N. W. 91!‘; Chldwell - . 310. 74 S. W. 7-iS.—Judgemade law. A phrase used to indicate judicial decisions which construe away the meaning oi statutes, or find meanings in them the legislatu.re never intended. it is sometimes used as meaning, simply, the law established by judicial precedent. Cooley. Oonst. Lim. 70. note.- Iudga 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 the "judge ordinary." in Scotland, the title “judge oi'di.n:iry" is applied to all those 'udges, Whether supreme or interior, who, by t e nature of their office, have u fixed imd determinate jurisdiction in all actions of the some enei-al nature, as contradistinguished from i e old Scotch privy council, or from those judges to whom some special matter is committed: such as commissions E for taking proofs, and messengers at arms. Bell.—Judge's ertificnto. 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 I1 necessary preliminary to the taxing of costs for sucb party. A statement of the opinion of the court. signed by the judges. upon a question of law suhmitted to them by the chancellor for their decision. See 3 BL Comm. 453.—IIulge's minutes, or notes. Memoranda usually taken by E judge, vihile 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, a.nd the like matters- Judge's order. An order made by a judge at chambers, or out of court

IUDGER. A Cheshire jnryman. Jacob.

JUDGMENT. The official and authentic decision of a court of justice upon the respective rights and ciaims of the parties to an action or suit therein litigated and sub- mitted to its determination. People v. Fle- bei. 19 Cole. App. 5%. 76 Pac. 550; Bullock v. Bullock, 52 N. J. Eq. 561, 30 Ati. 676, 27 L R. A. 213, 46 Am St. Rep. 52S; Eppright

v. Kaufiman, 90 Mo. 25, 1 S. W. ‘T36; State