Page:Black's Law Dictionary (Second Edition).djvu/688

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JUS PERSONARUM

JUS PERSONARUM. Rights of persons. Those rights which, in the civil law, belong to persons as such, or in their (litterent characters and relations; as parents and children, masters and seruints, etc.

JUS PGNITENDI. In Runiun law, the right of res -ion or reiocation of an ex- ecutm'_\ L ntr.ict on failure of the other par-

ty iu fuihii his port of the ngreenxent. See lllnc-Lcld. lioin. Law, § 4-14. JUS PORTUS. In niziritirue law. T112

right of port or harbor.

JUS POSSESSIONIS. session

The right of pos-

JUS PDSTIJMINII. In the civil law. The rl.;iit of postiiniiuyi the I'l;,'llt or claim of a poison who had been restored to the possession of a thing, or to a tornier condition. tu be considered as though he had never been «la red of it. Dig. 49, 15, 5: 3

In international law. The right by which property taken by an enemy, and re captured or rewued from him by the teilow- sulzjects or ailies of the original owner, is restored to the intter upon certain terms. 1 Kent, Comm. 108.

JUS PRES]-INS. In the civil law. A present or vested right: a right already coiuilleteiy acquired. Mackeld Ruin. Law, 5 mi.

JUS PRIETORIUM. In the civil law. The discretion of the printer, as distinct troni the lepee, or standing iiuvs. 3 Bi. (loniin. 49. That kind of law which the printers intrudnted for the purpose of aiding, supplying, or correcting the civil iaw for the public benefit. Dig. 1, 1, 7. Called. also, “jus ll0il01'(11‘illTIL," (q. 1;.)

JUS PRECARIUM. In the civil law. A right to a thing heid for nnotiicr, for whicii there was no remedy by leg.il action, but only by entreaty or request 2 Bi. Comm. 328.

JUS PRESEN'1‘A'l‘IONIS._ The right of presentation

JUS PRIVATUM. Private law: the i.'uv regulniinz the rights. conduct, and at- fairs of indniduais, as distiiigiiished from “publ1c" law, which relates to the constitu-

finrtions of g; -Yerumcnt and the ration of crirninui jn~Hr'n. See

- id. Iloni. law, I 124. Also private ownership, or the right, *it-, or dominion of a private owner as l’-tinzuislicd from “imz pu1;Ix'(-um," w“ich denutes public ownership, or the oww rship of property by the goxerunient, eiti --r ns a nutter of territorial sovereignty or in trust fur the benefit and

680

JUS QUO UNIVERSITATES

advantage of the general public. In this sense, a state may have a duubie rigiit H1 given property, e. y., lands covered by novigahie waters within its bound.iries, inauding both "Jus puhlicum-," a soxerelgn or go- iitical title, and “jus pri'L'atum," a pl'(Ji)ll9- tnry ouneiship. See Onkinud v. (Jnki. d \\ ater Front 00., 118 Cni. 100, 50 Pac. ' i.


JUS PRO-TICIENDI. In the civil law. The name of a servitude uiiich ennsi::.i. In the right to build a pI‘OjEl.t10Il, such us in balcony or gnilery. from ouet house in tin.- open space iieionging to one‘s neighbor, but without resting on his house Dig. 50, 16, 242; Id. 8, 2, 2; lllackcld. Iioin. Law, § 317.

JUS PROPRIEIATIS. The light of property, as distinguished from the /us pas- .'s'€&M'.()1ii..9, or right of possession. Iiuet. lul. 3. Called by Bractun "jus -mu-un niere right. Id.; 2 Bl. Comm. 19 Comm. 19, 176.

JUS PROTEGENDI. In the civil law, The name of a servitude. It is a right by which :1 pzut of the root or thing or one house is made to extend over the adjoining house. Dig. 50, 10, 2-12, 1; Id. 8, 2, '_ ; Id. 8, 5, 8, 5.

JUS P'U'BLICUM. public law, or the law reiating to the constitution and func- i:lons of government and its othcers and the administration of cri_uJ.in'ii justice. Also illlliiic ownership, or the paramount or sm- ereign territorial right or title of the state or government See Jns PRIVATITM.

-his publieum et pi-ivatum qnod ex nntiualibus px-inceptis ant gentilim ant nivililius est callectum; et qnod in jute sci-ipto jns appellntur, id in legs An- glin-. rectum ease dicitnr. C0. Litt. 183. Puiiiic and private law is that which is collected from natural principles, either of nntions or in states: and that which in the civil i.iw is caiied “jus." in the law of Eng- Iand is said to be "rigiit."

Jun pnblicnm privatornm paetiu mutari non potent. A puiiiic law nr right cannot be altered by the agreements of pri- vate persons.

JUS QUE-:sI’1"i.TM. A right to ask or recover: for exnmpie, in an ohiigution there is a binding of the obiigor, nnd a Jus unwrimm in the oiiligee. 1 Beli, Comm. 32.5.

JUS QUIRTTIUM. The old law of Rome, that was '11'Iiiiic:1i)le orimnally tn pritricians oni.\-. nnd, under the Twelve Tnhies, to the entire iiouian pcopie, was so culied, in contradistinchiun to the jus prwioriiun. (q. 1)..) or equity. Brown,

Jun qua nnivcraitates ntuntur est

idem quad liabent privati. The law