Page:Black's Law Dictionary (Second Edition).djvu/689

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


JUS RECUPERANDI

which governs corporations is the same which governs individuals. Foster v. Essex Ihiik, 16 Mass. 265, 8 Am. Dec. 135.

JUS RECUPERANDI. The right or re covering |lnnde.]

JIIS RELICTIE. In Scotch i:1W. The right of a reiict; the right or ciniin of a ix-lint or widow to her share of her hus Iiiol'.~ estaie, pa1liLul:Irl_\ the nioinhies. 2 i\'«imes, Do. 340; 1 Forh. Inst. pt. 1, p. 67.

JUS REPRESENTATIONIS. Tile right of representing or standing in the piure of annlher, or of being represented by another.

JUS RI-DRUM. The law of things. The Ll“ re;:iii.iLing the rights and powers of persoiu over things: how property is acquired. enjoyed, and transferred

Jun 1-espidt mqnitatem. Law regards equity. Co. Litt. 2-.112; Broom. Max. 151.

JUS SCBIPTUM. In Roman law. Written law. Inst. 1, 2, 3. Ali ia\v that “as iictuziiiy committed to writing, whether it had originated by ennctnient or by custom, in L'UlIfT'ldiSi'ilJCti0l1 to such parts of the iuw of custom as were not committed to Writing. Mnckeid. Rom. Law, 5 126.

In English law. W1'itten law, or statute law, otherwise called "lnzr .sm'i'p!i:L," as ilisfiiigiiislied from the common law, "lea: mm scriiito." 1 Bl. Comm. (‘-2.

JUS SINGULARE. In the civil law. A peculiar or individuni ruie, differing from the jus canmiimc, or common ruie of rigiit, anti ostaiiiished for some special reason i\i.'lCi{E‘id. Rum. Law, 5 196.

JUS STAPULZE. in old European law. The law of stzipie; the rinht of staple. A right or priviiege of certain towns of stopping imporled nierchzlndise, und conipclling it to be otrercd for sale in their own mar- kcts Locc. de Jure Mar. ilh. 1. c. 10.

JUS STRICTUM. Strict law; law interpreted without any modification, and in its utmost rigor.

Jns super-veniens anctori accrescit niccessuri. A right groivin,-: to a possessor no crues to the successor. Haik. Lat. Max. 76.

JUS TERTII. The right of a third purty. A teuiiit, biiiiee, etc., who pleuds that the title is in some person other than his 1-iudiord, bailor, etc., is said to set up 21 jun lcrii-i.

Jun testamentornm per-tinet nrdinario. Y. B. 4 Hen. "11.. 131). The right of testa- ments belongs to the ordinary.

681

JUST

JUS TRIPERTITUM. In Roman law. A name applied to the Roman law of wiils, in the time of Justinian, on account of its threefoid derivation, viz., from the pnetorinn edict. Eronx the cirii law, and from the imperial constitutions. i\ii1i.ue, Auc. Law. 207.

Jus triplex est,—pr-op:-ietatis, possessiouis, et possibilitntis. Right is linea- f ’ ~01 property, of possession, and of possihility.

JUS TRIUM LIBERORUM. In Roman inw. A right or piiriiege siiowed to the parent of three or more children. 2 Kent, Comm. S5: 2 Bl. Comm. 247. These privi- leges were an exemption from the troubie of guarciiuuship. priority in bearing offi('es, nnd a ti-eiiie proportion of corn. Adams, Rom. Ant. (Am. Ed.) 2‘2'i'.

JUS UT]-JNDI. The right to use property without destro_\in,<: its substance. It is employed in coiitrndistinction to the Just

izbutondi. 3 Touliicr. no. 86.

JUS VENANDI ET PISCANIII. The right of hunting and fishing.

Jns vendit quad IlI1ll apprnbavit. Im-

iesni. Postn. 35. The law djspenss what use has approved.

JUSJURANDUM. Lat. An oath.

Jusjurandum inter alias factum nen mmere nee proilesse debet. An oath mode betheen others ought neither to hurt nor profit. 4 Inst. 279.

JUST. Right; and justice.

"The words ‘just’ and ‘justly’ do not aiways menu ‘just’ and ‘justly’ in a morni sense, but they not unfrcqiieutly. in their connection with other words in a sentence. hour 2] very diiferent signification. It is evidr-nt. however. that the word ‘just’ in the statute [requiring an nfii- davit for an attiichmcul to st-itc that plain- l'.lfl“s claim is just] means ‘just' in a moral sense; and from its isointion. being made a separate subdivision of e section. it is intended to mean ‘muially just in the most emphatic terms. The riuim must be ilmrullgl just, as weii as lrguily just, in order to entitle a party to $30 attachment." Robinson v. Burton. 5 Kan.

in accordance with law

-1: Stats

..: C‘. - borne v. Rniiroad C0.. 46 W. "8. 371. 33 S.” 2£‘:h—uII1.St compensation.

As used in the . tiitionni provision that private property shiiii not be taken for pnbiic use without “just coiiipcnsntion." tbis phrase means :1 fuii and fair eqiiivnient for the loss sustained by the taking for public use. It may be more or it may be less than the mere money value of the propert_v_actiiaIly taken. The exercise of the power being neccssarv for the public good, and all propertv being bcid subject to its exercise when and as the public good requires it. it

K