Page:Black's Law Dictionary (Second Edition).djvu/685

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JUS CIVILE 677 JUS FECIALE

law each people has settled for itself is peculiar to the state itself, and is called “jus civile," as being peculiar to that very state. The law, sum, that natural reason has settled among sh nu; the law that is guarded among I_i.l] peoples .r v. ..like,—is callsd the “ins geutwum." and all unions use it as if law. The Roman [)_e0- plu thcreforc. use a law that is partly peculiar to ll»-lf. partly common to oil men. Hunter. Rum. Law, 3b.

But this is a t the only, or even the generztl. use 0‘, the words. Wl1at the Roman jurists had «-hiefly in view, when they spoke of “ins mrilu." nu not local as Oppused to cosmopolitan law, 1-Jr the old law of the city as contrasted with t‘)u n--'.\er law introduced by the prtctor. (ins 1--Izlonmn, ins Ivanornriitm.) Lnr-,zeiy, _no d--ul , the ins gcntimn corresponds with the nu pmlorin u,‘ but, the correspondence is not perfu-., d 39.

Jns civile est quad sihi pnpnlns non- uituit. The civil law is what a people est.ihl:'hes for itself. Inst. 1, 2, 1: Jackson v. Jucl.son., 1 Johns. (N. Y.) 424, 426.

JUS CIVITATUS. The right of citizenship; the freedom of the city of Home. It differs from jus quiritmm, which compre- heluicd ail the pri\ leges of Ii free native of

Rome. The ditrerence is much the same as in-tween “denization" and “naturallzal:lon" with us. Wharton.

JUS CLDACE. In the civil law. The right of sewerage or drainage. An easement consisting in the right of having a sewer, or of conducting surface water, through the house or over the ground of one's neighbor. lisckeid. Rom. Law, § 317.

JUS COMMUNE. In the civil law. Common right; the common and natural rule of right, as opposed to jus singulare, la. 1;.) Mackeld. Rom. Law, § 196.

The common law, un- "foic-ri_aht." 1 BL

In English law. swering to the Saxon Comm. 67.

Jun cunstitni oportet in his qnae nt plurimnm accidunt non qun-. ex ino- pinatn. Laws ought to be made with a view to those cases which happen most frequently, and not to Lhose which are of rare or accidentni occurrence. Dig. 1, 8, 3; Broom, Rims. 43.

JUS CORONIE. In English law. The right of the crown, or to the crown; the

right: of succession to the throne. 1 Bi. Comm. 191; 2 Steph. Comm. 434. JUS CUDENDIE MONIZTIE. In Oid

English law. The right of coining money. 2 How. State Tr. 118.

JUS CURIALITA'I‘IS. In English law. The right of curtesy. Spelmnn.

JUS DARE. To give or to make the law; the function and prerogative of the legislatixe department.

677

JUS FECIALE

JUS DELIIBERANDI. In the civil law. The right of deiiberatiug. A term granted by the proper officer at the request of him who is culled to the inheritance, (the heir,) within which he has the right to investigate its condition and to consider whether he will nccept or reject it. llluckeirl. Rom. Law, § 742; Clv. Code La. art. 1028.

Jns deacenflit, et non tel‘:-3.. A right descends, not the land. 00. Litt. 345.

JUS DEVOLUTUM. The right of the church of prescutmg a minister to a vacant parish. in case the patron shall neglect to exercise his right within the time limited by law.

JUS DIG]-IRE. To declare the inw; to say what the law is. The province of a court or judge. 2 Eden, 2.9; 3 P. Wins. 485.

JUS DISPONENDI. The right of disposing. An expression used either generally to signify the rivht of alienation, as when we speak of depr 'ing a married womnn of the jus (Iispunendi orer her separate estate, or speciaily in the law reiutlng to Stiles of goods, where it is often a question whether the vendor or goods has the intention of reserving to himseif the just dixprmemli; L 9., of preventing the ownership from passing to the purchaser. notwithstanding that he (the vendor) has parted with the possession of the goods. Sweet.

JUS DIVIDENDI. The right or disposing of resity by wdli. Du Cange.

JUS DUPLICATUM. A doulvie right; the right of possession united with the right of property; otheiwise coiled “tlro€l-droit." 2 Bl. Comm. 199.

Jim est are ‘bani et neqni. Law is the science of what is good and just. Dig. 1, 1, 1, 1; Bract (01. 21).

Jun est no:-mu. x-ecti: at quieqnid est contra. nor-mam 1-eeti est injnria. Law is

1 rule of right; and whatever is contrary

to the rule of right is an injury. 3 Bulst. 313.

Jim et trans nnnqmun eohnhitant. Right and fraud never dweil together. 10 Coke, 4511.. Appiied to the title of a statute. Id.; Best, Ev. p. 250. § 205.

Jun ex lnjnrin. non nrihu-. (or can) not rise out of a wrong. Max. 738. note; 4 Bing. 639.

A right does Broom,

ans FALCANDI. In old English law. |_

The right of mowing or cutting. Fleta. lih.

4. c. 27. § 1.

JUS FECIALE. In Roman law. The law of arms, or of heraids. A rudimentary

species of international law founded on the