Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JURY LIST. A paper containing the names of jurors impanelled to try a cause, or it contains the names of all the jurors summoned to attend court. JUROR, practice. From juro, to swear; a man who is sworn or affirmed to serve on a jury. Jurors are selected from citizens, and may be compelled to serve by fine; they generally receive a compensation for their services while attending court they are privileged from arrest in civil cases. JURY. A body of men selected according to law, for the purpose of deciding some controversy. 2. This mode of trial by jury was adopted soon after the conquest of England, by William, and was fully established for the trial of civil suits in the reign of Henry II.... In the old French law they are called inquests or tourbes of ten men.... 3. Juries are either grand juries or petit juries. The former having been treated of elsewhere, it will only be necessary to consider the latter. A petit jury consists of twelve citizens duly qualified to serve on juries, impanelled and sworn to try one or more issues of facts submitted to them, and to give a judgment respecting the same, which is called a verdict. 4. Each one of the citizens so impanelled and sworn is called a juror. 5. The constitution of the United States directs, that "the trial of all crimes, except in cases of impeachment, shall be by jury;" and this invaluable institution is also, secured by the several state constitutions. The constitution of the United States also provides that in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved. Amend. VII. 6. It is scarcely practicable to give the rules established in the different states to secure impartial juries; it may, however, be stated that in all, the selection of persons who are to serve on the jury is made by disinterested officers, and that out of the lists thus made out, the jurors are selected by lot.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JURAT Practice. That part of an affidavit where the officer certifies that the same was "sworn" before him. The jurat is usually in the following form, namely "Sworn and subscribed before me, on the ____ day of _______, 1842, J. P. justice of the peace." In some cases it has been holden that it was essential that the officer should sign the jurat, and that it should contain his addition and official description.... JURATA. A certificate placed at the bottom of an affidavit, declaring that the witness has been sworn or affirmed to the truth of the facts therein alleged. Its usual form is: "Sworn (or affirmed) before me, the ____ day of ____, 18__." The Jurat. JURATS, officers. In some English corporations, jurats are officers who have much the same power as aldermen in others....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JUNIOR. Younger. This has been held to be no part of a man's name, but an addition by use, and a convenient distinction between a father and son of the same name. Any matter that distinguishes persons renders the addition of junior or senior unnecessary.... But if father and son have both the same name, the father shall be, prima facie, intended, if junior be not added, or some other matter of distinction.... If father and son have the same name and addition, and the former sue the latter, the writ is abateable unless the son have the further addition of junior, or the younger. But if the father be the defendant and the son the plaintiff, there is no need of the further addition of senior, or the elder, to the name of the father....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JUDICIAL SALE. A sale by authority of some competent tribunal, by an officer authorized by law for the purpose. The officer who makes the sale, conveys all the rights of the defendant, or other person against whom the process has been issued, in the property sold. Under such a sale there is no warranty, either express or implied, of the thing sold.... When real estate is sold by the sheriff or marshal, the sale is subject to the confirmation of the court, or it may be set aside....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JOINTURE, estates. A competent livelihood of freehold for the wife, of lands and tenements; to take effect in profit or possession, presently after the death of the husband, for the life of the wife at least. Jointures are regulated by the statute of 27 Hen.VIII.o.10, commonly called the statute of uses. To make a good jointure, the following circumstances must concur, namely; 1. It must take effect, in possession or profit, immediately from the death of the husband. 2. It must be for the wife's life, or for some greater estate. 3. It must be limited to the wife herself, and not to any other person in trust for her. 4. It must be made in satisfaction for the wife's whole dower, and not of part of it only. 5. The estate limited to the wife must be expressed or averred to be, in satisfaction of her whole dower. 6. It must be made before marriage. A jointure attended with all these circumstances is binding on the widow, and is a complete bar to the claim of dower; or rather it prevents its ever arising. But there are other modes of limiting an estate to a wife, which, Lord Coke says, are good jointures within the statute, provided the wife accepts of them after the death of the husband. She may, however, reject them, and claim her dower.... In its more enlarged sense, a jointure signifies a joint estate, limited to both husband and wife....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JOINTRESS or JOINTURESS. A woman who has an estate settled on her by her husband, to hold during her life, if she survive him....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JOINT TRUSTEES. Two or more persons who are entrusted with property for the benefit of one or more others. Unlike joint executors, joint trustees cannot act separately, but must join both in conveyances and receipts, for one cannot sell without the others, or receive more of the consideration money, or be more a trustee than his partner. The trust having been given to the whole, it requires their joint act to do anything under it. They are not responsible for money received by their co-trustees, if the receipt be given for the mere purposes of form. But if receipts be given under circumstances purporting that, the money, though not received by both, was under the control of both, such a receipt shall charge, and the consent that the other shall misapply the money, particularly where he has it in his power to secure it, renders him responsible....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JOINT TENANTS, estates. Two or more persons to whom are granted land's or tenements to hold in fee simple, fee tail, for life, for years, or at will.... The estate which they thus hold is called an estate in joint tenancy.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA DEVASTAVIT. A devastavit is a mis-management and waste by an executor, administrator, or other trustee of the estate and effects trusted to him, as such, by which a loss occurs. It takes place by direct abuse, by mal-administration, and by neglect. 1. By direct abuse. This takes place when the executor, administrator, or trustee, sells, embezzles, or converts to his own use, the goods entrusted to him; ... releases a claim due to the estate; ... or surrenders a lease below its value.... These instances sufficiently show that any willful waste of the property will be considered as a direct devastavit. 2. By mal-administration. Devastavit by mal-administration most frequently occurs by the payment of claims which were not due nor owing; or by paying others out of the order in which they ought to be paid; or by the payment of legacies before all the, debts have been satisfied.... 3. By neglect. Negligence on the part of an executor, administrator, or trustee, may equally tend to the waste of the estate, as the direct destruction or mal-administration of the assets, and render him guilty of a devastavit. The neglect to sell the goods at a fair price, within a reasonable time, or, if they are perishable goods, before they are wasted, will be a devastavit. And a neglect to collect a doubtful debt, which by proper exertion might have been collected, will be so considered. The law requires from trustees, good faith and due diligence, the want of which is punished by making them responsible for the losses which may be sustained by the property entrusted to them when, therefore, a party has been guilty of a devastavit, he is required to make up the loss out of his own estate....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JOINT. United, not separate; as, joint action, or one which is brought by several persons acting together; joint bond, a bond given by two or more obligors. JOINT EXECUTORS. It is proposed to consider, 1. The interest which they have in the estate of the deceased. 2. How far they are liable for each other's acts. 3. The rights of the survivor. -1. Joint executors are considered in law as but one person, representing the testator, and, therefore, the acts of any one of them, which relate either to the delivery, gift, sale, payment, possession or release of the testator's goods, are deemed, as regards the persons with whom they contract, the acts of all.... But an executor cannot, without the knowledge of his co-executor, confess a judgment for a claim, part of which was barred by the act of limitations, so as to bind the estate of the testator.... -2. As a general rule, it may be laid down that each executor is liable for his own wrong, or devastavit only, and not for that of his colleague. He may be rendered liable, however, for the misplaced confidence which he may have reposed in his coexecutor. As, if he signs a receipt for money, in conjunction with another executor, and he receives no part of the money, but agrees that the other, executor shall retain it, and apply it to his own use, this is his own misapplication, for which he is responsible. -3. Upon the death of one of several joint executors, the right of administering the estate of the testator devolves upon the survivor.... In Pennsylvania, by legislative enactment, it is provided, "that where testators may devise their estates to their executors to be sold, or direct such executors to sell and convey such estates, or direct such real estate to be sold, without naming, or declaring who shall sell the same, if one or more of the executors die, it shall or may be lawful for the surviving executor to bring actions for the recovery of the possession thereof, and against trespassers thereon; to sell and convey such real estate, or manage the same for the benefit of the persons interested therein." ....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA JACTITATION OF MARRIAGE, Eng. eccl. law. The boasting by an individual that he or she has married another, from which it may happen that they will acquire the reputation of being married to each other. The ecclesiastical courts may in such cases entertain a libel by the party injured; and, on proof of the facts, enjoin the wrong-doer to perpetual silence; and, as a punishment, make him pay the costs....

Jno. DuBose, Private http://www.rootsweb.com/~scclaren/23rdI.html Still surfing, Sharon Zingery

DuBose, H. V. Present at surrender at Appomataks http://www.rootsweb.org/~scsumter/7thcav.html Sharon Zingery

DuBose, J.J. Clarendon County DuBose, W.H. Clarendon County http://www.rootsweb.org/~scsumter/26threg.html Another siting which I hope is useful. Sharon Zingery

ftp://ftp.rootsweb.com/pub/usgenweb/ky/jefferson/cemeteries/cavehill.txt Sgt. Jacob H. DUBOSE Unit K 38 AL INF Date of death 02/17/1865 National Cemetery location #28R62 Found this entry as I surfed and thought someone on the list might be able to use it. Sharon Z.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA MAY To be permitted; to be at liberty; to have the power. Whenever a statute directs the doing of a thing for the sake of justice or the public good, the word may is the same as shall. For example, ... the sheriff may take bail, that is construed he shall, for he is compellable to do so.... The words shall and may in general acts of the legislature or in private constitutions, are to be construed imperatively ... but the construction of those words in a deed depends on circumstances.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA MATRON. A married woman, generally an elderly married woman. By the laws of England, when a widow feigns herself with child, in order to exclude the next heir, and a suppositious birth is expected, then, upon the writ de ventre inspiciendo, a jury of women is to be impanelled to try the question, whether with child or not.... when a woman was sentenced to death, and she declared herself to be quick with child, a jury of matrons is impanelled to try whether she be or be not with child....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA MATRINA. A godmother.

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA MATRIMONIUM. By this word is understood the inheritance descending to a man, ex parti matris. It is but little used. Among the Romans this word was employed to signify marriage; and it was so called because this conjunction was made with the design that the wife should become a mother....

Extracted From: A LAW DICTIONARY ..., SIXTH EDITION, 1856 by John Bouvier, CHILDS & PETERSON, PHILADELPHIA MATRIMONIAL CAUSES. In the English ecclesiastical courts there are five kinds of causes which are classed under this head. 1. Causes for a malicious jactitation. 2. Suits for nullity of marriage, on account of fraud, incest, or other bar to the marriage.... 3. Suits for restitution of conjugal rights. 4. Suits for divorces on account of cruelty or adultery, or causes which have arisen since the marriage. 5. Suits for alimony.