Page:Black's Law Dictionary (Second Edition).djvu/684

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


The profession (ars) or practice of the law. Jus poi-ritur pro ipsa cu-Le. Brzict. fol. 22).

A court or judiciai tribunai, (locus in 41140 redzmur jus.) Id fol. 3.

For various compound and descriptive terms, set‘ the following titles-

JUS ABSTTNENDI. The right of renucniation; the right of an heir, under the Roman ian, to renounce or decline the inhci-imiire, as, for example where his accept- ano in consequence of the liE!LESSIty of pay- l_Li_:.' the debts, wouii] make it a burden to him. See Mackeld. Itoui. Law, 5 733.

JUS ABUTENDI. The ri;.'hl: to abuse. By this piirase is understoorl the right to do exactlv as one likes Witil p1'0perty. or having full dominion over property. 3 Touliier, no. 86.

JUS ACCRESCENDI. The right of sur- viiolship. The right of the survivor or survivors of two or more joint tenants to the tenancy or estate upon the death of one or more of the joint tenants.

Jns nccrescenfli inter mercatnrel, pro beneficio comniercij, locum non hubet. The right of survivorsliip has no place between merchants, for the benefit of com- merce_ Co. Litt 18211; 2 Story, Eq. Jur. § 1207; Broom, Max. 455. There is no sur- vivorsliip in cases of partnership, as there is in joint-tenancy. Story, Partn. 5 90.

Jun accz-eloendi prieiertur oneribnl. The right of survivorship is preferred to icn-uuiiirances. Co. Litt 1.85:1. Hence no dow- er or curtesy can be claimed out of a joint estate. 1 Steph. Comm. 316.

Jun acerelcendi. prielcrtnr nltimne vol- nntati. The right of survivorship is preferred to the inst will. Co. Litt. 1535!). A devise of aue's share of a joint estate, by wfli, is no severance of the jointure; for no testameut Likes etfcct tiii after the death of the testator, and by such death the right of the survivor (which accrued at the origi- nai creation of the estate, and has therefore a priority to the other) is aiready vested. 2 Bl. Comm. 1515: 3 Steph. Comm. 316.

.7115 AD REM. A term of the civil law, meaning “a right to a thing :" that is, :1 right exercisable by one person over a pnrticuinr nrticle of property in virtue of a contract or olviigation inmrred by another person in respect to it, and which is enforceable only against or through such other person. It is thus distinguished from jus in re, which is a complete and absolute dominion over a thing avuilabie against aii persons.

Tliu disposition of modern writers is to use the term “ins url rem“ as descnptive of a right without possession, and “ins in re" as descriptive of a right accompanied by possession. Or,

in a somewhat wider sense, the former denotes



an inehoate or incomplete right to a thing: the latter, a complete and perfect right to -I til‘ g_ See The Curios F. Hoses, 177 U. S. 6-1.]. 20 Sup. Ct. 803, 4-1 L. Ed. 929; The Young Mechanic. 30 Fed. Gas 873.

In canon law. A right to a thing. An inchoate and imperfect right, such as is gained by nonuiiation and institution: as distinguished from fits in re, or complete and fuii right, such as is acquired by corporai possession. 2 Bl. Comm. 312.

JUS EIJANUM. A body of iaivs drawn up by Sextus Afllius, and consisting of three pairs, wherein were explained. respectiveiy: (1) The laws of the Twelve Tables; (2) the interpretation of and decisions upon such lows; and (3) the forms of procedure In date, it was subsequent to the jets l~'lu1.-l- (mum, (q. 17.) Brown.

JUS ESNECI.IE.' The right of primogenlture, (q. 1:.)

JUS ALBINATUS. The draft d'I1Ilb11I'ma, (q. 17.) See ALEINATUB Jun.

JUS ANGLORUM. The laws and costoms of the West Saxons, in the time of the Iieptarchy, by which the people were for I long time governed, and which were prefer» red before aii others. Wharton.

JUS AQUEDUCTUS. In the civil law. The name of a servitude which gives to the owner of land the right to bring down water through or from the land of another.

JUS BANCI. In old English law. The right of bench. The right or priviiege of having an elevated and separate seat of judgment, anciently allowed only to the king‘: judges, who hence were said to administer high justice, (summam administrzmt imm- tiltzm.) Biount.

JUS BELLI. The law of war. The iaw of nations as applied to a state of war, defining in particular the rights and duties of the belligerent powers themselves, and of neutra] nations.

The right of war; that which may be done without injustice with regard to an enemy. Gro. de Jure B. iih. 1, c. 1, § 3.

-3115 Iielluni dlcendi. The right of mm claiming war.

JUS CANONICUM. The canon law.

JUS CIVIL]-J. Civil law. The system of law pecuiiar to one state or peopis. Inst. 1, 2, 1. Partlcularly, in Roman law, the civil law of the Roman people, as distinguished from the ins gentimn. The term is also applied to the body of law called. emphatically, the “civil law."

The 1'11: oivile and the ins gentimn are distinguished in this way. All people ruled by statutes and customs use a law 1181113 peculiar to

themselves, partly common to men. The