KFLCC Kingdom Law 2nd Ed.

681

JUST

JUS RECUPERANDI

JUS TRIPERTITUM. In Roman law. A name applied to the Roman law of wills, in the time of Justinian, on account of its threefold derivation, viz., from the prae torian edict, from the civil law, and from the imperial constitutions. Maine, Anc. Law, 207. Jus triplex est,—proprietatis, posses sionis, et possibilitatis. Right is three fold,—of property, of possession, and of pos sibility. JUS TRTUM IJIBERORUM. In Roman law. A right or privile'ge allowed to the parent of three or more children. 2 Kent, Comm. 85; 2 Bl. Comm. 247. These privi leges were an exemption from the trouble of guardianship, priority in bearing offices', and a treble proportion of corn. Adams, Rom. Ant. (Am. Ed.) 227. JUS UTENDI. The right to use proper ty without destroying its substance. It is employed in contradistinction to the jus abutendi. 3 Toullier, no. 86. Jnsjurandum inter alios factum neo nooere neo prodesse debet. An oath made between, others ought neither to hurt nor profit. 4 Inst. 279. JUST, Right; in accordance with law and justice "The wwrdfc < Jnsf and 'justly' do not always meair 'just! and 'jastfy' in a moral sense, but they not anfirequeHtly, in their connection with other words in. a sentence, bear a very different signification. It is evident, however, that the word 'jusf in the statute [requiring as affi davit for an attachment to state awt"" plain tiff's claim is- jttsf] means 'just' in a moral sense; and from its isolation, being made a separate subdivision of the section, it is intend ed to mean 'morally just' in the most emphatic terms. The claim must be morally just, as well as legally just, in order to entitle a party to an attachment." Robinson v. Burton, 5 Kan. 300. —Just cause. Legitimate cause; legal or law ful ground for action; such reasons as will suffice in law to justify the action taken. State v. Baker, 112 La. 801, 36 South. 703; Clai borne v. Railroad Co., 46 W. Va. 371, 33 S. E. 265.—Just compensation. As used in the constitutional provision that private property shall not be taken for public use without "just compensation," this phrase means a full and fair equivalent 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 property actually taken. The exercise of the power being necessary for the public good, and all property being held subject to its exercise when and as the public good requires it, it JUS VENANDI ET PISCANDI. The right of hunting and fishing. Jus vendit quod usus approbavit. El lesm. Postn. 35. The law dispenses what use has approved. JUSJURANDUM. Lat. An oath.

which governs corporations is the same which governs individuals. Foster v. Essex Bank, 16 Mass. 265, 8 Am. Dec. 135. JUS RECUPERANDI. The right of re covering [lands.] In Scotch law. The right of a relict; the right or claim of a relict or widow to her share of her hus band's estate, particularly the movables. 2 Karnes, Eq. 340; 1 Forb. Inst. pt. 1, p. 67. JUS REPRESENTATIONS. The right of representing or standing in the place of another, or of being represented by another. JUS RERUM. The law of things. The law regulating the rights and powers of per sons over things; how property is acquired, enjoyed, and transferred. Jus respicit sequitatem. Law regards equity. Co. Litt 246; Broom, Max. 151. In Roman law. Written law. Inst. 1, 2, 3. All law that was actually committed to writing, whether it had originated by enactment or by custom, in contradistinction to such parts of the law of custom, as were not committed to writ ing. Mackeld. Rom. Law, § 126. In English law. Written law, or stat ute law, otherwise called "lex acripta," as distinguished from the common law, "lex non 8cripta." 1 Bl. Comm. 62. JUS SINGULARE. In the civil law. A peculiar or individual rule, differfng from the jus commune, or common rule of right, and established for some special reason. Mackeld. Rom. Law, § 196. JUS STAPTJXiE. In old European law. The law of stapler the right of staple: A right or privilege of certain towns of stop ping imported merchandise, and compelling it to be offered for sale in their own mar kets. Locc. de Jure Mar. lib. 1, c. 10. Strict law; law In terpreted without any modification, and in its utmost rigor. Jus superveniens anctori aecrescit suc cessor!. A right growing to a possessor ac crues to the successor. Halk. Lat. Max. 76. JUS TERTII. The right of a third par ty. A tenant, bailee, etc., who pleads that the title is in some person other than his landlord, bailor, etc., is said to set up a jus tertii. Jus testamentorom pertinet ordinario. T. B. 4 Hen. VII., 136. The right of testa ments belongs to the ordinary. JUS REMCT-ffi. JUS SCRIPTUM. JUS STRICTUM.