Page:Black's Law Dictionary (Second Edition).djvu/676

Rh

the laws, not according to examples or precedents. 4 Coiie. 330; 4 Bl. Comm. 405.

Lat. in the civil and old English law. To judge; to decide or determine judicially; to give judgment or sentence.

JUDIC-ATIO.'''}} Lat. In the civil law. judging; the pronouncing of sentence, after hearing a cause. Haliifax. Civil Law, h. 3, c. S, no. 7.

JUDICATORES TERRARUM. Lat. Persons in the county palatiiie of Chester. who, on a writ of error, were to consider of the judgment given there, and reform it; otherwise they forfeited £100 to the crown by custom Jeuii. Cent. 71

JUDICATURE. 1. The stzite or profession of those olflcers who are employed in administering justice; the judiciary.

2. A judicatory, tribunal, or court of justice.

3. Jurlsdiction; the right or judicial action; the scope or extent of jurisdiction. —Jn¢licah-ire acts. The statutes of 36 6: 37 Vict c. 66, and 38 & 39 Vict. c 77, which went into force November 1, ]S75, with Btnendments in 1S7T. c. 9; 1S79. c. '78; and 1881. c. 08.- innde most important changes in the organization of, and methods of procedure in, the supe- rior courts of England, consolidating them together so us to constitute one supreme court of judicature. consisting of two div_isions.—her ina- jesty"s high court of justice, having chiefly orig- inal jurisdiction; and her majesty's court of appeal, whose jurisdiction is chiefly appellate.

Jndices non tenentur exprilnere cau- lam nententiaa sum. Jenk. Cent. 75. Judges are not bound to explain the reason of their sentence.

JITDICES ORDINARIL Lat. In the civil law. Ordinary judiccs; the common jmlicea appointed to try causes, and who, according to Blackstone, determined only questions of fact. 3 Bl. Comm. 315.

JITDIC-ES PEDANEI. Lat. in the civil law. The ordinary judices appointed by the przctol‘ to try causes.

JUDICES SELECTI. Lat. In the civil law. Select or selected juilioes or judges; tliiise who were used in ci iminal causes, and hetween Whom and modern jurors many points of resemblance have been noticed. 3 Bl. Comm. 366.

Jndici omcinm Innm excedenti non pa:-atnr. A judge exceeding his office is not to be obeyed. Jenk. Cent. p. 139, case 84. said of void judgments.

Jndioi sahs poena est, qnod Denim liabet ultox-em. it is punishment enough for a judge that he has God as his avenger. 1 Leon. 295.

663

J U DICIA L

JUDICIA. Lat in Romzin law. Judicial proceedings; trials. Juiliciiz publioo, criminal trials. Dig. 48, L

Jndicia in our-is regis non adnihilentn:-, sed stent in robore sun quonsqne per errorem ant attinctnm adnnllcntnr. judgnieiits in the king's couits .ii'e not to be annihilated, but to remain in force until ID- nuiied by error or attaint. 2 Inst. 539.

Judicia in deliherationibns crebro niatnrescnnt, in accelerate pracessu nun- qniun. Judgments frequeiitiy become n.I:itured by deliberations, never by hurried process or precipitation. 3 Inst. 210.

Jndicia posteriora aunt in lege fortiora. 8 coke, 97. The later decisions are the stronger in law.

Jndicia Innt tanquam juris dicta, at pro veritate nccipinntni-. Judgments are. as it ‘were, the s.iyiugs of the law, and are received as truth. 2 inst. 531.

JUDICIAL. Belonging to the office of a judge; as judicial authority.

Relating to or connected with the administration of justice: as a judicial oriicer.

Having the character of judgment or formal legal procedure: as a judicial act.

Proceeding from a court of justice; as a judicial writ. a judicial determination.

—Jn¢licial action. Action of a court upon a cause, by hearing it, and determining what shn.il be adjudged or decreed between the parties, and with which is the right of the case lihode island v. Massachusetts, 12 Pet. 718. 9 L. im. 1233; Kerosene Liiinp Heater Co. v. Monitor Oil Stove Co., 41 Ohio St. 293.—Jndicia.l acts. Acts requiring the exercise of some judicial discretion, as distinguished from ministerial acts. which require none. Ex parte Keilog. 6 Vt. 510; Mills v. Brooklyn. 32 N. Y. 497; Recla- mation Dist. v. Hamilton. 112 Cal. 603, 44 Pac. 1074; Perry v. Tyiicn, 22 Barb. (N. Y.) 140.—-Judicial admissions. Admissions made voluntarily by a party which appear of record in the proceedings of the c0ul't.—JuIIiciaI authority. The power and authority appertaining to the office of a judge; jurisdiction; the official right to hear and determine questions in controversy.—Judioial business. Such as in- volves the exercise of judicial power, or the application of the mind and authority of a court to some contested matter, or the conduct of indicial proceedings, as distinguished from such ministerial and other acts. incident to the prog- ress of a cause, us may be performed by the parties, counsel, or officers of the court without application to the court or judge. See Heisen v. Smith. 138 Cal. 216 71 Poe. 180, 94 Am. St. Rcp. 39; Merchants Nat. Bank v. J:ifEi'.iy, 36 Neb. 218. 54 N. W. 258. 19 L. Ii. A. 316: State v. Caiifornia Min. Co., 13 Nov. 21-i.—-Yndicial committee of the privy council. in Eng‘- lish law. A tribunal composed of menilicrs of the pri council. being judges or retired judg- es, whlc acts as the king's adviser in matters of law referred to it, and exercises 21 certain appellate jurisdiction, chiefly in ecclesiastical ciiusos, ough its power in this respect nus curtailed by the judicature act of 1S73.—Jndici.-i.1 confession. In the law of evidence. A confession of guilt. miidc by a prisoner before a magistrate, or in court. in the ilue conise of legal proceedings. 1 Greeui. Ev. § 216;