Page:Black's Law Dictionary (Second Edition).djvu/690

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JUST

would be unjust to the public that it should be required to pay the owner more than a fair indemnity for the loss he sustains by the ap- gropriation of his property for the general good. u the other hand. it wouid be cqually unjust to the owner if he should receive less than ii. [air iudc-ninity for such loss. To arrive at this fair indemnity, the interests of the public and of the owner, and all the circumstances of the particular appropriation. should he taken into consideration. Leuis. Em. om. § 4452. An see Butler Hard Itubber Co. v. Newark. (31 N. J. Law. 32. 40 At]. 231: Trinity College v. Hartford. 32 Conn. 452; Bainnnn v. Boss. 167 U. S. 5-13, 17 Sup. Ct. BUG. H L. Ed. 270; Putnam . Dougias County. 6 Or. 332. 25 Am. Lafliu v. Railroad Co. (C. C.) 33 . Neviiiian v. Metropoiitan Ei. It. (‘o.. 118 N. Y. (333. 23 N. E. 901. 7 L. R. A. 389: Monongahela Nav. Co. v. U. 5.. 148 U. 3]” ‘ G22 37 . Ed. 463'


.1 S ri

ai. 536. 28 Pac. As need in a will or a statute. this term means legal. valid, and incontestahie obligations. not including such as are barred by the statute of iimitntions or void-

4. tervvorks v. Di-inkhoiise, 92 6S3.—-Yrist debts.

abie at the election of the party._ See Burke v. Jones. 2 Yes. & B. 275; Martin v. Gage. 9 N. ' Peck v. Botsford. 7 Conn. 176,

92; Colinniorc v. Wiider. 19 Smith v. Mayo. 9 Mass. 63. 6 Am. Dec. 28; Peopie v. Tm Coni'rs. 99 N. Y. 124. 1 N. E. 401.—Just title. By the term “just titie," in cases of ]'il‘i‘SCl’ipfiO)J, we do not understand that which the possessor may have de- rived Erom the true owner, for then no true prescription uouid be necessary, but a title which the possessor may have rec-eii-sd from any person wiiom he honestly believed to be the reai owner, provided _the title were such us _to trsnsfer the ownership of the property. Civ. Code La. art. 3484. Davis v. Gaines. 104 U. S. 400. 26 L. Ed. 757: Suriol v. Hepburn. 1 Cal. 254: Kennedy v. Townslev. 16 Aia. 2-1:8.- Just value. In taxation, the fiiir. honest. and reasonable vniue of property, without ex- aggeration or de reciation: its actual market

’ State v. Smith. 158 Ind. 543. 63 N. E. 214. 63 L. R. A. 116: Winnipiseogee Lake. etc., Co. v. Giiford. 67 N. H. 514. 35 Ad. 9-15.

JUSTA. In old English law. A certain measure of liquor. being as much as was suiiicient to drhii; at once. Mon. Angl. t. 1, c. 149.

JUSTA CAUSA. In the civil law. A just cause: a in“ fui ground; 21 legal trans- action of some kind. Mackeld. Rom. Law, 5 283.

JUSTICE 1:. In old English practice. To do justice-, to see justice done: to sum- mon one to do justice.

JUSTICE. ii-. In jurisprudence. The constant and perpetual disposition to render every man his due. Inst. 1, 1. pr.; 2 Inst. 56. See Borden v. State. 1.1 Ark. 528, 44 Am. Dec. 217: Duncan v. Magette. 25 Tex. 233: The John E. Muiford (D. C.) 18 Fed. 4" The conformity of our actions and our will to the law. Touli. Droit Civil Fr. tit. prél. no. 5.

In the most extensive senee of the word it dif. feis iittle from "vii-‘Lue;" for it includes with- in itseif the whole circle of virtues. Yet Lhe

682

JUSTICE

common distinction between them is that that which, considered positively and in itseif. is ca_licd "virtue." when considered reiatively and with respect _to others has the name of "justic " ut “justit-e" being in itseir a part of “v__tue." is cpnfined to things simply good or evii, and consists in a man's taking such a pro- portion of them as he ought. Bouvier. Commumttizc justice is that which should govern contracts It consists in rendering to every man the exiict iiieasure of his dues. without regard to his personal worth or merits, it. e., piacing aii men on an equality. Distributive justice is that which should govern the distribution of rewards and pun- ishments. It assigns to each the rewards which his peisonai merit or services deserve, or the proper punishment for his crimes. It does not consider aii men as equally deserving or eqiially hliimcworthy. but discriminates between theiu. observing

ii just proportion and comparison. This distinction originated with Arlstotie. (Eth. Ni V.) See Fonhi. Eq. 3; Toull. Drolt

Civil Fr. tit. préi. no. 7.

In Norman I‘:ren.c'h. tice. Keiham.

Anienable to jus-

In feudal law. Jurisdiction: cognizance of causes or offenses. 7 it justice was the jurisdiction or right of trjing crimes of_ every kind. etch the highest. This was a priwiege ciaimed and exercised by the great lords or barons of the miililie ages. 1 Robertson's Car. V.. appendix. note %. Law justice was jurisdiction of petty offenses.

In common law. The title given in England to the judges of the king's bench and the common pieas, and in America to the judges of the supreme court of the United States and of the appeiiate courts of many of the states. It is said that this word in ita Latin form (jiuztitiu) was propel-iy oppiicaiiic only to the judges of common-iaw courts, while the term “jm1c.'p" designated the judges of ecclesiastical and other courts. See Leg. Hen. I. M 24. 63: Co. Litt. 71b.

The same title is also applied to some of the judiciai officers of the iowest rank and jurisdiction. such as police justices and justices of the peace.

—Justice ayrns. (or mites.) In Scotch law. Circuits made by the judges of the justicinry courts throuizii the cniintry, for the distribution of justice. Beii.-—-Justine in eyre. From t

oid French word “m'.rc." I". 9.. a journey. Those justices who in ancient times were sent by com- mi. sinn into various counties. to hear more especiniiy such causes as were termed “pleas of the crown." were called “justices in eyre. ’ differed from justices in oycr and terminer asmuch as the iatter were sent to one piece. and for the purpose of trying only a limited number of special causes: whereas the justices in eyre were sent through the various counties, with a more indefinite and generai commission In some respects thev resembled our present justices of assize. a.ithou.zh their authority and manner of proceeding diifered much from them. Brown._ ustice seat. In Engiish law. The prmcipoi court of the forest, held before the chief Justice in eyre, or chief itinerant judge, or his deputy: to hear and determine aii trespasses wi'thii_i the EOPESL and all claims of franchises, Liberties, and priviieges.

judicinl