Page:Black's Law Dictionary (Second Edition).djvu/677

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JUDICIAL

White v. State, 49 Ala. 348; US. v. Williams,

hed. Czia. 643; State v. Lanib. .. Mo. 21S: -rer v. .t.ite, 4 Tex. App. -lT9—Jndicial conventions. Agreements entered into in consequence of nu order of court; as, for example, (‘i]lL'I'llJ.: into a llOI'lll on taking out a writ of se- (lllJ‘ll"lllOlJ. P:-uniman v. Barrymore. 6 Mart. .\‘. F. (L11.) 494.—J1id.ioia.1 decisions. The ' or determinations of the judges in cans- ‘I9 them. particularly in nppellate courts. as e v. Illinois Cent. R. Cu.. 73 Miss. 463, ‘Ill S--Illi 2]1.—Judiein1 dicta. Dicta made I--.‘ a iuuri: or judge in the co ' of a judicial lluisiun or opinion. Corn. v. 1 me. 207 Pu. 45. .'-I‘. ML 317. See DlC’l‘LTM.—JI1tiicial district. “He of the circuits or precinct ' ' is commonly divided for jud ii -urt of i~n9I‘al 0li_L'l|'l-‘ll jurisil usully proiitled in eiuli of such dis ic ilu- bound-iries of the district marking the terriiorinl limits of its authority; or the district uiiy Include two or more counties. haiing sep- nr-ite and independent county courts, but in that ms: they ore presided over by the siuie jud;.-e. .'\‘r-e Ex ports Gardner. 22 Nev. 280. 39 Pnc. Lindsley v. Couhoioa (‘onnty Sup‘rs, (I9 81 11 South. 336: ('01)). v. Hoar. 121 —Jndicial oath. One taken before an offi open court. us distinguished from ii “lmn—judici.ul" oath, which is taken before an (inter ex pnrte or oilt of court. State v. Drei- [us. 38 La. Ann. 8'i'7.—Jiid.icial officer. A |)r‘i'=0t| in whom is vested authority to decide i.-ii..~es or exercise powers appropiinte to a ("lift Settle v. Van Evren, 49 N. Y. 234: People v. \\’cils, 2 Cai. 203: Reid v. Hood. 2 \mt & l\IcC. IS. C) 170, 10 Am. Dec. 582. —1'ml.icial power The authority vested in courts and judges, as disliuguislieri from the ex- eriitire and legislative power. Gillicrt v. Priest. ‘ .) 448: In re Walker, 68 App. 4 N. Y. Supp. 94; State v. Dennv, 11S Ind. 392. 21 N. E. 252, 4 L. R. A. 79: U. V. Iii-ndali, 26 Fed. Cas. 7.'i3.—Ind' in]. proceedings. A general term for proceedings relating to. practiced in, or proceeding from. a court of justice: or the course prescribed to he taken in various cases for the determination of a controversy or for legal redress or relief. Sce Hcrcford v. People. 197 Ill. 22. 64 N. E. 310: Martin v. Sinipkins, 20 Colo. 438. 38 Pac. 1002: Mullen v. Reed, ‘ Conn. 240. 29 Atl. 478, 24 L. R. A. 664 42 Am. St. Rep. 17 ; Aldrich v. Kinney. 4 Conn. 386, '10 Am. Dcc. ]"i1.—Jndiciiil question. One proper for the determination of a court of justice, as distin- ,:iiished from such questions as belong to the decision of the legislative or executive depart- ments of goierunieut and with which the courts will not interfere, called "political" or “legisliitive" questions. Sec Patton v. Chattanooga, 1097- Term. 197, 65 S. W. 414.—Ji1dicin1 ram- edies. Such as are administered by the courts of justice, or by Judicial officers empowered for that purpose by the constitution and Laws of the state. Code Civ. Proc. Cni. 1903. § 20: Code Civ. Pruc. Mont. ‘I805. § 3469.-fiidieial separation. A separation of man and wife by dccree of court. less complete than an absolute flivurcr): otherwise called a "limited divorce." —1‘nd.icial stntisticl. In English law. Stotis s. published by authority, of the civil and criminal business of the United Kingdom, and matters appermining thereto. Annual reports are published separately for England nud Wales, for Ireland, and for Scotlanrl.—Qnasi judicial. A term applied to the action, discretion. etc._ of public iidniinistrzitive officers, who are required to investigate facts, or ¢scertnii:i the existence of facts, and draw conclusions from tlieiii, as a basis for their official action, and to exer- cise discretion of a judicial nature. See Bair V. '. .. . , ‘T4 Pnc. ‘S9. G3 L. R. A. 4S1. Mitchell v. Clay County. U’) Neb. 779. 96 31?‘ W. 678; De Weese v. Smith (C. C.) 97 Fed.


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669

J UDICIUM

As to judicial “Day." “Deposlt," "Discretion," “Docunients," "Evidence." “]i‘actor," “Mortgage," “1\'otice," “Process," "Sales," "Sequestration," and “Wrlts," see those tities.

JUDICIARY, adj. Pertaining or relating to the courts of justice, to the judicial department of government, or to the admin- istration of justice.

JUDICIARY, 1L. That hrancli of goiei-nnicnt invested with the judicial power; the system of courts in a country; the body of judges: the bench.

JUDICIARY ACT. The name cuniiuonly given to the act of congress of Septenilier 24, 1789. (1 St. at Large, 75,) by which the system of federal courts was organized, and their powers and Jurisdiction dcbned.

Jndiciin pnsteriuribus fidan est adhi- benda. Faith or credit is to lie glien to the later judgments. 13 Coke, 14.

JUDICIO SISTI. Lat. A caution, or securlty, given in Scotch courts for the defend- ant to ahlde judgment within the jurisdiction. Stini. Law Gloss.

Jiulicis est in pronnntiaiido seqni rag- ulam, exceptions non pruhatn. The judge in his decision ought to follow the rule, when the exception is not proved.

Judieis est judicare secnminin nllegats. st proliatn. Dyer, 12. It is the duty of a judge to decide according to facts alleged and proved.

Jiulicin est Jiis dioere, non dare. It is the province of a judge to declare the law. not to give it. Lofft, Appand. 42.

Jndicis nfliciiuii est opus diei in die sun per-iicere. It is the duty of a judge to finish the work of each day within that day. Dy- er, 12.

Judicis offioiurn est iit res, its tempura re:-um, qiiaerera. It is the duty of a judge to inulilre into the times of things, as Well as into things themselves. 00. Litt. 171.

JUDICIUM. Lat. Judicial authority or iurisdlctioii; a court or tllhunal; a-judicial hearing or other proceeding: a verdict or judgment; a proceeding before a judex or judge. State v. Whltford. 54 Wis. 150, 11 N. W. 424.

—Jiidiciurn cnpitale. in old English law. Judgment of death; capital Judgment. Fictn, lib. 1, c. 39. 5 2. Coiled. also. ";’iLdi(:iiim i:i.i‘u amiss-ioriis,‘ judgment of loss of life. ld. iib. 2. C. 1. § 5.—JI1diciurn Dei. In old English mid European law. The judgment of God; other- wise cnlled "diirimun judic-iu.1n," the “divine judgnient." A term particularly applied to the oi-deals by fire or hot iron and water, and also to the trials by the cross, the euchai-ist, and tht corsncd, and the duelbiun or trial by battle, cy.

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