Page:The New International Encyclopædia 1st ed. v. 11.djvu/297

* JOINTURE. 271 JOINVILLE. JOINTURE (OF., Fr. jointure, from Lat. junctura, a joining, from jungere, to join). A settlement made on a wife or on the iiusband and wife jointly, to be taken by her in lieu of dower (q.v.) if she survive her husband. It arose during the period of English history when the dower right of the married woman was in abeyance owing to the prevalence of the practice of conveying lands to the use of persons who were not the legal owners. (See Dower.) Jointure derived its name from the fact that it was a con- vej'anee to the husband and wife as joint tenants with the benefit of survivorship. When the Statute of Uses (27 Hen. VIII., c. 10) trans- ferred the legal title in lands to all who had the use or beneficial ownership, its immediate effect was to revive the dower right of the wife in all such lands. As this would have resulted in giving her a double provision, the same statute compelled her to choose between her jointure and her dower. She could not have both. In this form the jointure has survived in England, and in many of the United States, though the practice of settling a jointure upon married women is less common in this country than in England. The statute referred to gave a new complexion to the W'ife's jointure by a series of minute regu- lations, prescribing the mode of its creation and certain essential conditions upon which its ex- istence depended. According to this statute a legal jointure must have the following requisites: ( 1 ) It must be expressly declared to be given to the wife in full satisfaction of her dower; (2) it must be real property; (3) it must be for her life at least; (4) it must be made to herself, and not to another in trust for her; (5) it must be made to take etfect immediately upon the death of the husband ; (6) it must be made before the marriage. If all tliese requisites be complied with, her dower is barred, even though she did not consent to the settlement of the jointure nor to the amount thereof. The expression equitahle jointure is applied to a similar provision made for the wife under cir- cumstances which do not entitle her to legal jointure as described above. It is, in effect, an extension of the doctrine of jointure effected from motives of humanity and justice by courts of equity. Equitable jointure does not require so many formalities as legal jointure, but in a court of equity any provision made for the wife before the marriage, and then assented to and accepted by her as a jointure, may effectually bar her dower. In that court, proof of her assent given before the marriage obviates the necessity of showing that the formalities prescribed by the Statute of Jointures have been complied with. If she be a minor such- assent may be properly given by herself and her guardian or p.nrent. If the jointure, whether legal or equitable in its na- ture, be not settled upon the wife until after the marriage, it is no further binding upon her than that she must elect at the husband's death to take it in lieu of dower, or to take her dower. In some of the United States she is required by statute to make such election within a prescribed time- usually one year — after the husband's death, or if she do not so elect, she is conclusively pre- sumed to have accepted the jointure. In some States also legal jointure is abolished, and only such as is equitable, i.e. made with her consent before marriage, can absolutely bar her dower. Substantially the same causes may operate to bar jointure as those which may defeat dower; but at law a wife does not lose her jointure, as she would her dower, by eloping and living in adultery, since it is not a mere incident of the marriage relation, but is an interest in land, vested in the woman as her sole and separate property. Consult Blackstone, Commentaries on ilte Luics of England. See Dower; Husband and Wife; ilAKBiAGE. JOINT-WORM. Any of several hymenopter- ous insects of the family Chalcididte and genus Isosoma, and particularly the wheat joint-worm (Isosoma tritici) and the joint-worm of barley (Isosoma hordei). The joint-worms, although be- longing to a family of parasitic insects, are true gall-makers, and their larvae make oblong swell- ings or enlargements in the stems of wheat, bar- ley, and other small gi'ains or grasses. The galls are commonly found at or near the joints, and more frequently in the second joint. The adult insects are small, black, four-winged flies, aver- aging about one-eighth of an inch in length. The galls usually occur in groups of three or four or more, distorting and greatly weakening the stem. About 40 species are known in the United States. The best remedy consists in burning the stubble after hancst. Compare G.a.ll-1>'SEC'TS. JOINVILLE, zhwax'vel'. Francois Ferdi- ^■A^-D d'Orle..xs, Prince de ( IS18-1900). Third son of Louis Philippe, King of the French. He was born at Neuilly, August 14, 1818; was edu- cated at the naval school at Brest, and was made a naval lieutenant in 1838. In 1840 he command- ed the frigate La Belle Poule, which bore the body of Xapoleon from Saint Helena to France. In 1843, at Rio .Janeiro, he married Francesea, sister of the Brazilian Emperor. Pedro II. In the same year he was made rear-admiral. In 1844, in the war with Jloroceo, he commanded the French squadron at the bombardment of Tangier, and the taking of Jlogador, and was made a vice-admiral. With the other members of the royal family, he took refuge in England after the Revolution of 1848. In ISGl, with his son, the Duke de Pen- thi&ve. and his nephews, the Count de Paris and the Duke de Chartres. he went to the United States, where they joined the staff of General Mc- Clellan. The eourso of France in Jlexico. however, made Frenchmen unpopular, and the Prince re- turned to England in 18G2. In 1870 he returned to France, and being forbidden to remain in the country, serv-ed under the name of Colonel Lu- tlierod in the fighting abotit Orleans. He was arrested by order of Gambetta. confined five days in the fortress of JIans, and then sent to Eng- land. Being relieved of his political disabilities, he entered the Assembly as a Deputy from Haute- ■Marne in 1871. He retired from public life in 1870, because of growing deafness, and was again sent into exile by the law of 1886 against the royalist families. He returned to France in 1895. and died June 16. 1900. He was a man of considerable and varied talent, a capable mili- tary and naval officer, and a writer of ability. He wrote much for the Revue des Deux Mondes, among his notable articles being: "Note sur I'etat des forces navales de la France:" "Etude sur I'escadre de la Jlediterranee ;" "La guerre de Chine:" and several relating to the Civil War in the United States. JOINVILLE, .Je.x, Sire de (1225-1317). A great French chronicler, hereditary seneschal of Champagne, and Governor thereof dirring the