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Jury

jury prosecutes inquiries into the administration of local affairs, investigates charges of crime and presents for prosecution persons charged with the commission of criminal offences. See GRAND JURY. The common law, or petit, jury assists the court in the trial of questions of fact in civil and in criminal cases. The coroner's jury investigates the cause of deaths by violence and fixes the responsibility therefor. See CORONER. It is the common law, or trial, jury, however, which gives its name to the jury system of our jurisprudence. This is an institution of great antiquity, having its beginnings in early Germanic law and being gradually developed in England, where it attained its highest importance, as a substitute for the more primitive modes of trial by ordeal and battle. It was long opposed by the public as an infringement of the right of an accused person to vindicate his innocence by an appeal to arms. In course of time it completely superseded this barbarous mode of deciding the question of guilt or innocence in criminal cases. In civil cases it had previously established itself as a convenient mode of deciding controversies. In its earliest form the jury was composed of the witnesses to the transaction out of which the controversy arose, the complete separation of the functions of witnesses and jurors now regarded as an essential condition of trial by jury, being a comparatively late development of the system. In its modern form the jury consists of a body of men, usually twelve in number, chosen from a larger number of eligible persons (known as the 'panel') by the concurrent action of the plaintiff or prosecutor and the defendant, and sworn to render a true verdict according to the evidence submitted to them. The entire jury sits throughout the trial of a cause, conducts its deliberations in secret and at common law reaches its verdict by a unanimous vote. The absence of a single juror suspends the trial and the death or withdrawal of a juror at any stage of the proceedings before a verdict is reached absolutely terminates the trial. In a civil case the verdict, if for the plaintiff, awards the damages to which it finds him to be entitled and is usually expressed in the form, We, the jury, find for the plaintiff in the sum of dollars; otherwise,

'We find for the defendant.'

In

a criminal case the verdict is, 'We find the prisoner guilty,' or 'not guilty,' as the case may be. If properly reached the verdict of a jury is final, unless set aside by the court as being manifestly

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are

against the weight of evidence. It may, however, always be set aside for grave irregularities involving prejudice to the party against whom the verdict is rendered or for bribery or other corrupt practices. A verdict must always be delivered viva voce in open court, except in certain kinds of civil cases in which a 'sealed verdict' may be handed in. Upon the rendition of the verdict the jury is entitled to be discharged without delay. The rules of law governing the selection of jurors from the mass of the community vary in different jurisdictions. Generally all persons between the ages of 21 and 60 are liable to jury duty unless they belong to one of the numerous exempt classes or are disqualified for insanity, conviction of crime, or because of sex. In England and some of the United States there is a property qualification. Generally women not eligible for jury duty. The panel from which trial jurors are finally drawn is usually selected by lot from the class of eligibles, the sifting of the panel with reference to intelligence, freedom from prejudice, etc., being performed in the process of selecting the jury for a particular trial in open court. Attendance by the panel and by the jury when selected is enforced by fine. Members of the panel receive no compensation, but jurors after being sworn become entitled to a stipend fixed by law for each day of actual service. Both in civil and in criminal cases either party may challenge the array-i.e. the entire panelbefore trial on the ground of the partiality, fraud or wilful misconduct of the sheriff or other officer by whom they were summoned; and in the selection of the jury either party may challenge any individual juror for cause as not qualified or not impartial. In criminal cases the accused party (in some jurisdictions the prosecutor as well as the accused) may also challenge peremptorily (i.e. without giving any reason) a limited number of those who have been found to be eligible to serve. In complicated and difficult cases, usually of a commercial character, the parties to the action may have a 'special' or 'struck' jury, composed of persons of a higher degree of experience or intelligence than those composing the ordinary panel. It remains to be added that the function of the jury in the administration of justice is a restricted one. In some courts and in many classes of cases juries are not employed, either because the questions involved are questions of law and not of fact or because the court, not being a

Jussieu

common law tribunal, has developed a procedure in which the jury plays no part. This is the case with the equity-tribunals and generally with the probate or surrogate's courts. Even in the common law courts, proper, all questions of law and many questions of fact are decided by the court without the aid of a jury. And where a jury is employed it is to a large degree subject to the control of the presiding judge, who decides what evidence it may entertain and who is charged with the duty of keeping the verdict within the bounds of reason. See COURT; TRIAL.

Jus Gentium. A term of Roman law denoting those principles of law which were common to all civilized States. It included, therefore, not only the laws regulating the intercourse of nations with one another (with which it afterwards came to be confused) but also the rules and principles governing the relations of private individuals among one another, so far as these were generally recognized among nations. See CIVIL LAW; NATURAL LAW; INTERNATIONAL LAW.

Jus Mariti. See HUSBAND AND WIFE.

Jus Relictæ, in Scots law, the right of a wife on the death of her husband to a certain portion of his movable property. If there are children, she is entitled to one-third; and if there are no children, to a half. The right cannot be defeated by any testamentary deed, but the wife may renounce her right by an antenuptial marriage contract.

Jusserand, JEAN ADRIEN ANTOINE (1855), French author and diplomatist, born at Lyons; entered the Foreign Office (1878), and was appointed French ambassador at Washington (1902). He has studied and written, especially on subjects connected with England. Chief works: Théâtre en Angleterre jusqu'à Shakespeare (1877); English Wayfaring Life in the time of Shakespeare (trans., 4th ed. 1892); A Literary History of the English People (trans. 1895); The English Novel in the Time of Shakespeare (trans. 1890); and The Romance of a King's [James I's] Life (1896).

Jussieu, DE, a French family, chiefly of botanists. ANTOINE (1686-1758), born at Lyons, became professor of botany in Paris, in succession to Tournefort, whose Institutiones Rei Herbariæ he edited (1719).-BERNARD (1699-1777), brother of the foregoing, also born at Lyons, possessed a rare knowledge of botany, and edited Tournefort's Histoire des Plantes qui naissent dans les Environs de Paris (1725). He arranged the plants in the Trianon garden at Versailles

Juste

under the system of classification afterwards developed by his nephew, Antoine Laurent, in his Genera Plantarum (1789).— JOSEPH (1704-79), brother of the two foregoing, spent a great part of his life in S. America, from whence he sent the first seeds of Heliotropium peruvianum to Europe. ANTOINE LAURENT (1748-1836) is chiefly remembered for his Genera plantarum secundum ordines naturales disposita (1789), on which the present classification was constructed. He

was professor of botany in Paris (1770-85). ADRIEN LAURENT HENRI (1797-1853) published important memoirs on the Rutacea Meliaceae, and Malpighiacea; also a widely-used Cours Elémentaire de la Botanique (12th ed. 1884).-LAURENT PIERRE (17921866), French educational writer and moralist, nephew of Antoine Laurent. His most popular work was Simon de Nantua (1818), which ran through more than thirty editions, and was translated into nearly a dozen languages.

Juste, THÉODORE (1818-88), Belgian historian, was born at Brussels; appointed curator of the museum of antiquities there (1859), where he became professor of history at the military academy (1870). His works deal chiefly with the history of the Low Countries-Histoire de Belgique (new ed. 1894); Histoire de la Révolution Belge de 1790 (2d ed. 1885); Charles v. et Marguerite d'Autriche, 1477–1521 (1858); Histoire de la Révolution des PaysBas sous Philippe II. (new ed. 1884-5); Guillaume le Taciturne (1873); and Les Fondateurs de la Monarchie Belge (1865-81).

Justice-General and JusticeClerk. See COURT OF SESSION.

Justice of the Peace. A minor judicial officer of limited jurisdiction in England and the United States. The office is one of great antiquity and is still of great importance by reason of its pervasiveness and the simplicity of its procedure. In Great Britain the Justice of the Peace performs a variety of important administrative functions in addition to those of a judicial character, the latter being confined to the exercise of a limited criminal jurisdiction. The office has been greatly altered and its duties defined by statute (11 and 12 Vict. c. 44; 18 and 39 Vict. c. 54; 45 and 46 Vict. c. 50). In the United States the office is purely statutory and its functions wholly judicial, though these usually include civil as well as criminal

jurisdiction. The latter is gener

ally limited to the trial of misdemeanors and the preliminary examination of persons accused of felony. In some states justices

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of the peace are appointed by the chief executive, as in England, but in most States they are elected by the people. See MAGISTRATE, SPECIAL SESSIONS.

Justiciary, HIGH COURT OF. The supreme criminal court in Scotland. The judges are the judges of the Court of Session, and the court sits in Edinburgh on the requisition of the lord advocate. Sittings are also held in the circuit towns whenever there are cases for trial. At most trials only one judge sits, but sometimes, in important cases, two or three. In exercising the appellate jurisdiction of the court three judges are a quorum. The court has the widest possible jurisdiction with regard to all offences against the general law, but on circuit prisoners are only tried for crimes committed within the area of the circuit. There is no appeal from the High Court of Justiciary, but appeals lie to it from inferior courts in criminal matters on questions of law.

Justinian, FLAVIUS ANICIUS JUSTINIANUS (483-565), emperor of Constantinople and Rome. He was born at Tauresium in Illyria, his family being of Gothic extraction. Justinian's reign was marked by wars against the Persians, the Vandals in Africa, the East Goths in Italy, the West Goths in Spain, and the Bulgarians, who invaded Thrace. Thanks to the genius of Belisarius and Narses, Justinian's armies were on the whole so successful that at the end of his reign his empire included, in addition to Thrace, Macedonia, Greece, Asia Minor, Syria, Egypt, and generally the eastern half of the old Roman empire, Africa, also, Italy, and part of Spain. Yet his policy to the barbarians threatening the empire, such as the Longobardi, Gepidæ, Avars, and Bulgarians-viz. of playing them off against each other-was so unsound that his successors found themselves unable to retain the huge territory he had conquered. His system of frontier defence, which attempted to repel invasions by vast lines of forts and towers, subsidiary to greater fortresses, of itself showed the weakness of the empire. His administration is also remarkable for its fiscal severity. He showed the same severity in his dealings with Christian sectaries, Jews, and pagans. He spent large sums in building; the church of St. Sophia (now a mosque) at Constantinople was erected by him. Apart from his wars, the chief event of his reign was an extraordinary riot between the so-called Blue or orthodox Christian faction and the Green at Constantinople, in January, 532, when the whole city became filled with fire and blood

Justin Martyr

shed; the church of St. Sophia, much of the palace, and a vast number of other buildings were burnt, and many thousands of people slain. These are the so-called Nika' riots. At length Belisarius led 3,000 veterans against the Green faction, who had fortified themselves in the Hippodrome: it was stormed, and 30,000 of the rioters were slain in one day.

The fame of Justinian, however, rests perhaps more on what he did for Roman law, in that he attempted to reduce to system all preceding Roman law. He appointed a commission of jurists, under the presidency of Tribonian, who compiled two great works-first, the Justinianus Codex, a collection of the imperial constitutions (529 A.D.); and secondly, the Digesta or Pandecta, a compilation of all that was valuable in previous jurisprudence (353 A.D.). An elementary treatise, the Institutiones, was also published in 533. In later years he promulgated many corrections and reforms in works called Novella Constitutiones. These four works form the Corpus Juris Civilis, or 'Body of Civil Law,' of which there is a stereotyped edition (3 vols. 1888-95). See Moyle's ed. of Institutiones (with Eng. trans. 1896), Digesta (Eng. trans. Monro, 1904, etc.), Roby's Introduction to the Study of Justinian's Digest (1884), Diehl's Justinien et la Civilisation Byzantine (1901); and Holmes's The Age of Justinian and Theodora (1905).

Justinian II., surnamed RHINOTMETUS, was emperor of the East from 685 to 695 A.D., and again from 704 to 711. He succeeded his father, Constantine IV. (Pogonatus). The cruelty and severity of his rule caused his deposition in 695; but in 704 he was restored by a Bulgarian force, and reigned with greater tyranny than before, which led to a military revolt in which he was killed.

Justin Martyr, one of the earliest apologists of Christianity, was born of Greek parents at Flavia Neapolis in Samaria, c. 100 A.D. Well schooled in the prevailing philosophies of his time, and at first largely dominated by Platonism and Stoicism, he eventually became a Christian, and the ability and zeal with which he defended Christianity and assailed paganism led at length to his martyrdom in Rome (c. 148 A.D.) under Antoninus Pius (or, according to Eusebius, Mist. Eccles. iv. 16, considerably later, under Marcus Aurelius). He wrote two apologies for the Christians, the first and larger of which is addressed to the emperor, the second being of the nature of an appendix. In these he pleads for a more humane treatment of Christians, and a reconsideration

Justinus 1.

of their credentials. His Dialogue with Trypho seeks to maintain the claims of Christianity as against Judaism. Some of his writings are no longer extante.g. his treatises on Heresies and on the Resurrection-but this balance of loss has been traditionally redressed by the attribution to him of a Speech to the Greeks and an Exhortation to the Greeks, almost certainly not his. His presentation of Christianity as the perfect philosophy, while characteristic of his age, is open to obvious objections, and often brings him upon questionable ground. See works in Ante-Nicene Christian Library, and monographs by Semisch (trans. 1843), Engelhardt (1878), Aube (1874), Freppel (1886), and J. Kaye (1889); also Life by Martin (1890).

Justinus I., emperor of the East from 518 to 527 A.D., was probably of Gothic descent, and at first was a shepherd. He distinguished himself in war against the Isaurians and Persians, became commander of the imperial guards under the Emperor Anastasius, and when the latter died, Justinus secured his own election as emperor. His reign is memorable chiefly for his resignation of the appointment of consuls to Theodoric, king of the Goths (522); for a war with the Persians; and for the destruction of Antioch in 525 by fire and inundations. He was succeeded by his nephew, Justinian I.

Justinus II., emperor of the East from 565 to 578 A.D., was a nephew of Justinian, whom he succeeded. In his reign the Longobardi, or Lombards, deprived him, between 568 and 570, of the country now called Lombardy, and indeed of most of Italy. He also waged a disastrous war against Persia. From 574 A.D., Justinus's mental condition unfitted him for rule. which was carried on by his empress, Sophia. See Groh's Geschichte des Oströmischen Kaisers Justin II. (1889).

Jute is a fibre obtained from two species of Corchorus (natural order Tiliacea), C. capsularis and C. olitorius. Both species are indigenous in Bengal where they have been cultivated from very remote times for economic purposes. Both are annuals, with yellow flowers, which flourish best on a loamy soil. C. capsularis is the larger plant of the two, and its fruit is more globular than that of C. olitorius, but for economic purposes there is no practical difference between the two. The latter has been cultivated extensively as a pot-herb, and is believed to be identical with the mallows mentioned in Job 30: 4. Sowing takes place from mid

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March to May. The plants grow to a height of ten or twelve feet, and reaping goes on from July

Jute Plant (Corchorus capsularis).

1, Flower; 2, Fruit.

to October, the plants being cut down when in flower. The fibre, which is in the inner bark,

Jute

(1870-90) continuous but unsuccessful efforts were made to grow it in the United States, especially in Texas, Louisiana, and Mississippi. Lack of suitable machinery being assigned as the reason for the failure to establish the industry. Similar attempts in Egypt and Algeria also proved failures. Cultivation has been tried recently in French Guiana.

Jute was first introduced to the notice of British manufacturers in 1795, but was a long time in becoming popular. Attempts to use it for carpet manufacture were made at Abingdon about 1820, but it was not introduced at Dundee until more than ten years later. Its use at the latter place did not, however, become extensive until about 1850, since which date Dundee has been the chief centre of the industry of producing jute fabrics. In the United States imported gunny cloth was used for many years, but by 1880 there were four establishments engaged in its manufacture, and the census of 1900 reported eighteen such factories with an annual product valued at $5,383,787. The export of raw jute from India increased from an annual average of 1,982.1 tons in the ten years 1829-38 to an annual average of 561,431.7 tons in the ten years 1889-98, and to 676,776.1 tons in the year 1904.

The tendency during the last few years of the exports has not, on the whole, been in the direction of rapid increase. This is due partly to crop deficiencies, but partly also to increased manufacture in India itself. The recent growth in this direction is shown in the following table, compiled from official sources:

Exports from India of manufactured jute.

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Jute

The

another successively, until it is Woven into cloth. The bales, weighing about 400 lbs. each, having been hard packed by hydraulic power to save cost of freight, the first process the jute undergoes is to be put through the jute opener, in order to soften it to a certain extent, and get it into a suitable condition for the jute softener or mangle, into which it is now fed after being separated into large handfuls by women batchers. The jute softener is a machine of about sixty pairs of fluted rollers; the jute as it passes through receives a sprinkling of oil and water from perforated pipes attached to the machine overhead, the water-pipe being nearest the feeding end of the softener, and the oil pipe about two feet farther along. The material is then allowed to lie a certain time in bulk, to permit of the fibre being thoroughly permeated with the oil and water. It is thereafter passed on to the breaker cards to be teased up and thoroughly mixed together. These machines have a large cylinder covered with wooden staves filled with steel teeth, and round this cylinder are smaller cylinders called 'strippers' and 'workers,' also covered with steel teeth. material is discharged by these machines in a broad continuous band of fibre, technically called 'sliver,' into long cylindrical cans. Four of these broad slivers are wound into one ball for the next process, which is the finisher cards. These are similar to the breakers, but have finer teeth, and draw out the fibre and 'finish' it into a much smaller sliver. Three of the balls are now placed on each 'finisher,' and the material is discharged from this machine, again in one sliver, into cans, to be taken to the next process viz. the first drawing frames. Their function is to draw out the sliver to a smaller size, and also to straighten or comb the fibre, so as to make it spin into a strong and level thread. Four of the slivers from the finisher cards are put through the first drawing frame, and are discharged by it in one small sliver. Two of these slivers are again put through the second drawing frame, and further combed and drawn out into one end. The cans are then taken to the roving frames. The material is again drawn out while passing through these machines, and is twisted into 'rove' whilst being wound on to the rove bobbins. The rove bobbins are taken to the spinning frames, and spun into yarn of various sizes. The yarns are spun with a hard twist for warps and with a softer twist for wefts. The warp yarns

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on bobbins are then passed on to the spooling machines, and wound on spools for the dressing or starching machines in the weaving section. The weft yarns are taken to the cop winding machines, and are wound into cops. These are put into bags by the winders, and are then ready to be issued to the weavers as required. The warp yarns are sometimes required to be reeled in hanks and bundles for the purpose of being bleached or dyed in various colors for stripes in the fabric to be woven.

The first process in the weaving department is to dress or starch the warp yarn. The starching-machines have large frames or banks at either end to hold the warp spools, and as many as from 600 to 800 spools can be put into one of these banks. The yarn is drawn through a back reed to keep all the threads at a uniform distance, and then passes through two pressing rollers, the lower one running into a long narrow box filled with the starching material. It is then drawn through the lease reed, and passes on to the large drying cylinders, which are heated by steam. Both sides then meet, and are run on to a loom yarn beam or roller flanged at the ends. This beam is placed in the drawing frame, and the web is drawn through the loom cambs and reed, according to the quality or closeness into which it is to be woven. After that the beam is ready for the loom. The

tenter, or loom attendant, who has charge of a set of looms, places the yarn beam into the loom, adjusts it, and gives the web of warp yarn into the care of the weaver. The weaver is supplied with a bag of cops, which form the weft of the web, and are placed, one at a time, in a wooden shuttle. This shuttle is thrown by the picking arms of the loom between the warp threads, which are raised and lowered alternately by the action of the combs, interlacing with them and finally being driven into position by the lay of the loom, the cloth thus woven passing on to the cloth roller below. The web of cloth is taken off the loom cloth roller, and is carried into the finishing department. Here it is first passed through a cropping-machine, to take off any loose or rooty fibre; and then through a damping-machine to get a slight spray of moisture, in order that it may take on the proper finish of calendering or mangling. When finished, the web is measured and made up; or if it is to be made into bags, it is taken to the sewing department, where it is cut up into prescribed lengths for the various sizes of bags. The bags are almost all sewn by machinery, al

Juvenal

though some of the heavier sacks are hand-sewn. Jute cloth is used for a great variety of purposes, chiefly as wrapping for the world's merchandise. See Sharp's Flax, Tow, and Jute Spinning (3d ed. 1896), and Leggatt's Theory and Practice of Jute Spinning (1902).

Jute Bags, or GUNNY BAGS, are largely exported from India to many parts of the world-the name 'gunny,' however, being applied to the cloth as well as to the bags. In Lower Bengal, since 1850, the making of these bags has constituted a domestic industry, the entire native population being employed on them. At the present day, however, the handfooms of India have been greatly superseded by steam factories, which manufacture enormous quantities yearly. Similar bags and cloth of jute are made also in Dundee, Scotland, and in the U.S. In 1900-1 gunny bags were exported from British India to the value of nearly $15,000,000. In

1905 the imports of jute bags into the U. S. were valued at $1,745,680. The U. S. census for 1900 reports that in that year 32,780,065 square yards of gunny bagging valued at $1,426,843 were produced.

Jüterbog, tn., Prussian prov. of Brandenburg, 39 m. by rail s. of Berlin. The church of St. Nicholas (14th cent.), the Rathaus (15th cent.), the Abbot's House, and the three mediæval gates, are notable features. Here in 1644 the Swedes defeated the Imperialists; and at Dennewitz, 2 m. to the s.w., Bülow defeated the French in 1813. Pop. (1900)

7,407. Jutiapa, tn., Guatemala, cap., depart. of Jutiapa. Pop. (1893) 11,023.

Juticalpa, or JUTIGALPA, tn., Honduras, cap. of Olancho dept., 90 m. E.N.E. of Tegucigalpa, 105 m. by rail. There are gold mines in the vicinity. The town has a thriving trade in agricultural products and cattle. Pop. (1901) 17,800.

Jutland, the largest and only continental prov. of Denmark, extends N. from Kolding Fjord and Ribe to the Skaw. Area, 9,746 sq. m. Jutland is separated by the Skager Rack from Norway and by the Kattegat from Sweden, and on the s. it touches Schleswig. For its natural features, see DENMARK. The drift-sand of Jutland forms flat, heathlike plains, called alheden, from the reddish-brown ferruginous sandstone which they contain. The chief trading place on the Baltic is Aarhus. Pop. (1901) 1,063,792. Juvenal, whose full name was DECIMUS JUNIUS JUVENALIS, Rosatirical poet, was born probably between 60 and 72 A.D., and lived until after 128 A.D.

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