Page:Black's Law Dictionary (Second Edition).djvu/679

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JURA

civil law to designate certain rights which be- long to each and every sovereignty and which are deemed eesential to its existence. Gilmer v. Liune Point, 18 Cal. 250.—JIu'n. lnixti do- miiiii. In old English law. Rights of mixed dominion. The king's right or power of juris- diction was so ti.-riucd. Hale, Anal. 5 6.-Iurs pei-sonariuai. Iii,-,-hts of persons; the rights of persons. Rights which concein and are onncxed to the persons of men. 1 Bl. Comm. -Jurn praadiorlun. In the ci il law. ngliis of estates. Dig. 50, 16 5 —Juz-a re- gaiia. in English law. noyal I‘ hts Dr privi- l s. 1 Bl. Comm. 117, 11:): 3 Bl. Comm. 4-L

IIl'fl rogin. In English law. Royal rights; the pi-ciugatives of the crown. Crahb, Cum. UH". 17-L—IIu'a rorum. Rights of things; the rights of things; rights which ti man may iimnire over external objects or things unconnuucd WlLlJ his person. 1 15]. Comm. 112; 2 UL Cuuun. 1.—-Jnra nummi iinperii. Rights of supreme (lumhiion; rights of sovereignty. 1 Bl. Comm. 49; 1 Kent, Uumm. 211.

Jars ecclesiastiea limitnta aunt inf:-ii. limits: separatns. Ecclesiastical laws are limited Within scpnrute hounds. 3 Bulst. 58.

Jura eadem mndo destitnnntnr (1110 constituimtiix-. Laws are abrogated by the sainie nieans [autho1'it_y] by which they are

made. Broom, Max. S78 Jiira nnturai aunt immntzhilin. The inns of nature are unchangeahie. Branch,

i'i-inc.

Jnrn puhlicn anteferendn. privatia. Public rights are to be preterred to private. ()0. Litt. 130a. Applied to protections.

Jiii-ii pnlilica ex privntu [pi-ivatis] promincue decidi non delieiit. i'ubllc rights ought not to be decided promlscuously with private. Co. Lltt. 1300, 1811).

Jun; regis specialia nan cnnoeduntur per geneimlizi veil-In. The special rights of the king are not granted by general viuids. Jenk. Cent. p. 10:1

Jnra snngiiinis nullo June civili dirimi pussniit. The right of blood and kindred Launot be destroyed by any civil law. Dig. 50. 17, 9; Baa. Max. mg. 11; Broom. Max. ' Jackson v. Phillips, 14 Allen (Mass)

JURAL. 1. Pertaining to natural or positive right, or to the doctrines of rights and obligations; as “jural relations."

2, or or pertaining to jurisprudence; ju- rLstlc; jurldlcaL

3. Recognized or sanctioned by positive law; embraced Within, or covered by, the rules and enactments of positive law. Thus, the “jurnl sphere" is to be distinguished from me “moral sphere ;” the latter de- noting the whole scope or iange of ethics or the science of conduct the former embracing only such portions of the same as have been

671

J U RATA

made the subject of legal sanction or recognition.

4. Founded in law; organized upon the basis of a fuiidnniental law, and existing for the recognition and protection of rights. Thus, the term “jural society" is used as the synonym of “stnte" or "organized political community."

JURAMENTUM. Lat. 1n the civil law. An oath.

—JIu'ainentum calnninim. In the civil and canon in». The oath of L'dl]1l1.il‘.iy. An Olllll imposed upon buth pal ties to 8. suit, us a prelimi- nary to its trial, to the etfe-Lt that they are not influenced by mnlice or any sinister motives in prosecuting ur defending the same, but by a he- lief in the justice of their cause. It was also required of the attorneys nnd proctors.—Jin-a- mentum eorporalin. A coi'por.'ll oath. See Oa'n.i.—Ju1- nieutum in litem. In the civil law. An nssessnient oath; on oath, taken by the plaintili’ Ll) an action, that the extent of the damages he has sulfered. estimated in money, amounts to a certain sum, which oath, in certain cases, is accepted in lieu of other proof. Mnekelil. Itom. Law, 3’iti.—Iux':unentiim jiuiiciale. In the civil law. An oath which the judge, of his own accord, defers to either of the pnities It is of two kinds‘ First, that which the judge defers for the decision of the cause, and which is understood by the general name "iun11nen.tum ju.dt'oiale." and is sometimes called “siippletory oath,” ju-mmentum supple!- orinm; sec/mil. that which the judge defers in order to fix and determine the amount of the condernnutinn which he ought to pronounce, and which is called "iurumeutuin in lilcm." Poth. Ohl. p. 4, c. 3, § 3. art. 3.—Iurn.mentum nec- essai-iri . In Roman Law. A compulsory oath. A disclosure under oath, which the pinat- or compelled one of the arlies to a suit to make, when the other, app ying for such an zippcaL iigreed to abide by what his adversary should swear. I Whart. Ev. Q 4: ; Dig. 12. 2, 5. 2.—Iuz-zunentuin voluntnnum. In Ro- man law. A voluntary oath. A species of uppeul to conscience, by which one of the parties to a suit, instead of proving his case, offered to abide by what his adveisary should answer unflgr oath. l Whnrt. Ev. § 458; Dig. 12, 2,

«Tux-nmentnm est indivisibile; at non est admittendnm in parte vernm et in pin-to falsiuii. An oath is indivislble; it 111 not to be held portly true and partly false. 4 Inst. 274.

JIIRARE. Lat. To swear; to take an

on th.

Juz-in-e est Deum in testem vocare, ct est actus divini cnltiis. 3 Inst. 167:. To swear is to cull God to witness, and is an net of religion. '

JURAT. The clause written at the foot of an nflidavit, stating when, where, and before whom such allidavlt was sworn. See U. S. v. Mr.-Dermott. 140 U. S. 151. 11 Sup. Ct. 746. 35 L. Ed. 391; U. S. v. Juli in. 1L2 U S. 324, 16 Sup. Ct. 801. 40 L. Di. 98-1; Lutz v. Kinney, 23 New. 279. 46 Pnc. 257.

JURATA. of twelve men sworn.

In old English law. A jury

Espeually, a jury of