Page:Black's Law Dictionary (Second Edition).djvu/686

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JUS FIDUCIARIUM

rites and religious ceremonies of the different peoples.

JUS FIDUCIARIUM. In the civil law. A right in trust; as distinguished from just icgilimum, a legal right. 2 Bl. Comm. 328.

JUS FLAVIANUM. In old Roman law. A body of laws drawn up by Cneius Flavius, a clerk of Appiiis Claudius. from the materiais to which he had access. it was a po1iu1:u”iz2ition of the laws. Maekeld. Rom.

Law. 5 39. JUS FLUIWJNUM. In the Civil law. The right to the use of rivers. Locc. de Jure

Dior. iii). L 0. 6.

JUS FODIENDI. In the civil and old Eiigiish law. A right of digging on another's land. Inst. 2, 3. 2; Bract. toi. 232.

JUS FUTURUM. In the civil law. A future right; an inchoate. incipient, or expectant right, not yet fuiiy vested. It may be either "jus deiutum." when the subse- quent acquisition or vesting of it depends merely on the will of the person in whom it is to iest, or “jux noiiduni dciatu.1n," when it depends on the future occurrence of other circumstances or conditions. Mackeld. Rom. Law, § 191.

.1115 GENTIUIK. The law of nations. That law which ii:-itui-iii reason has estab- iished among all men is equally observed among ail nations, and is caiied the "iaw of nations," as being the law which iiii nations use. Inst 1, 2, 1; Dig. 1. 1, 9; 1 Bl. Comm. 43: 1 Kent, Comm. 7; Mackeid. Rom. Law. § 125.

Although this phrase had a meaning in the Roman law which may be rendered by our expression "iiiw of nations." it must not he understood as equiv .nt to vihat we now cail "international in its scope being much wider. It was originally a system of law, or more properly equity. gathered by the enri_v Roman lawyers and magistrates from the common in- gradients in the customs of the old Itaiian tfibes.——those being the nations, yentes, whom they had opportunities of obs:-rvjng.—to be used in cases where the jun c-Erilc «lid not iippiy; that is. in cases between fori gners or hctween a Roman citizen and a forniguer. The principle upon Wilidl they proceeded was that any ruie of law which was common to ail the nations thev knew of must he intrinsiciiiiy consonant to right reason, and therefore fundamentally vaiid and just. From this it was an easy transition to tiic converse principle. viiv... that any riiie which instinctively commended itseif to their sense of justice and reason must he a part of the ins pmtiiun. And so the iatter term came eientually to be about synnnvmous with “cquiiv." (as the Romans understood it.) or the system of pnetnriaii law.

Modern jurists fr:-qiientlv empioy the term “jiw griitium pri1.=a!iim" to denote private internationni low, or that subject which is other- wise styied the “confiict of laws:" and "i-its géntiuiii publirum" [or public ll.]C9l'llIl ional law. or the system of ruies governing the intercourse of nations with each other as persons.


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J US ITALICUM

JUS GLADII. The right of the sword; the executory power of the law; the right, power, or []l'El‘0;.'..'ltlVe of punishing for crime. 4 Bl. Comm. 177.

JUS HABENDI. The right to have a thing. The right to be put in actual possession of property. Lewln. Trusts, 585.

—Ju_-i linbendi et retinendi. A right to have and to retain the profits. tithes, and offerings. etc., of a rectory or parsonage.

JUS EZEREDITATIS. heritance.

The right of in-

JUS HAURIENDI. In the civil and oid Engiish law. The right of drawing water. F'let11_, lib. 4, C. 27, § 1.

JUS HONORARIUM. The hotly of R0- man law, which was made up of edicts of the supreme magistrates. particuiiiriy the puetors.

JUS IMAGINIS. In Roman law. The right to use or dispiay pictures or statutes of ancestors; somewhat analogous to the right. in English law, to bear a coat of arms.

JUS IMMUNITATIS. In the civil law. The i.iw of immunity or exemption from the burden of puliiic office. Dig. 50. 6.

JUS IN PERSONAM. -A right against a person; a right, which gives its possessor a power to obiige another person to give or procure. to do or not to do, something.

JUS IN BE. in the civil law. A right

in a thing. A right existing in a person with respect to an article or subject of prop- erty. inherent in his reiiition to it, impiying compiete ownership with possession, and nvaiiabie against aii the world. See Joe AD Itmi. —-Yua in re prop:-in. The right of enjoy- ment which is incident to full ownership or property, and is often used to denote the tuii ownership or property itseif. It is distinguished from flu: in re ah!-via, which is a mere easement or right hi or over the property of another.

Jim in re lnliierit ossilms iisnf1-ucti1- an-‘ii. A right in the thing cieuves to the poison of the usufi-uctuary.

JUS INCOGNITUM. An unknown law. This term is nppiied by the civiii-ans to ob- solete laws. Bowyer, Mod. Civil Law. 33.

JUS INDIVIDIIUM. A11 iudividuai or indivisibie right; a right incapable of divi- sion. 36 Eng. Law & Efl. 25.

.1135 ITALICUM. A term of the Romtta law descriptive of the agmegate of rights. priviisies, and franchises possessed by the

cities and inhabitants of Italy. outside of