Home >> Institutes Of American Law >> Imbecility to Law Merchant >> Jurat

Jurat

jury, jurata, law and sworn

JURAT. In 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. viz.: "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 de scription. 3 Cables, N. Y. 128. But see 2 Wend. N.Y. 283; 544 12 id. 223; 2 Cow. N.Y. 652; 2 Johns. N.Y. 479.

An officer in some English corporations, whose duties are similar to those of aldermen in others. Stat. 1 Edw. IV.; 2 & 3 Edw. VI. c. 30 ; 13 Edw, I. c. 26.

JURATAILat.). In Old English Law. A jury of twelve men sworn. Especially, a jury of the common law, as distinguished from the aesiza, or jury established or re-esta blished by stet. Hen. II.

The jurata, or common-law jury, was a jnry called in to try the cause, upon the prayer of the parties themselves, in cases where a jury was not given by statute Hen. II., and as the jury was not given under the statute of Henry II., the writ of 48th:tint provided in that statute would not he against a jurata for false verdict. It was common for the parties to a cause to request that the cause might be decided by the as a jurata, in order +. 911170 frnnIlla of annannniner a now nn-v in which oause is said to be decided non in modem; mmixic, but in moduni praise. 1 Reeve, list. Bap Law, 335,

336; Glanville, lib. 13, o. 20; Bracton, lib. 3, o. 30. But this distinction has been long obsolete.

Juratre were divided into : first, jurata diletoria, which inquires out offences against the law, and presents their names, together with their offences, to the judge, and which is of two kinds, major and minor, according to, the extent of its jurisdiction; second, jurata judicaria, which gives verdict as to the matter of fact in issue, and is of two kinds, civilia, in civil causes, and criminalia, in criminal causes. DuCange.

A clause in nisi Arius record called the jury clause, so named from the word jurata, with which its Latin form begins. This entry, juratur ponitur in respectu, is abolished. Com. Law Proc. Act, 1852, 104 ; Wharton, Law Lex. 2d Lond. ed.; 9 Coke, 32 ; 59 Geo. III. c. 46 ; 4 Shorewood, Blackst. Comm. 342. Such trials were usually held in churches, in presence of bishops, priests, and secular judges, after three days fasting, confession, communion, etc. DuCange.

A certificate placed at the bottom of an affi davit, 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.