CODE. 



JYAR. 



tact 



xU. rpWai the mesas 

 provide* far praTMttkf. My OM from 

 or .nixed action will not lie, 



ft** wWernitid. with the pUiuon of 4>oaU<i aerally, aad of 

 act a* *n tir^- la i ouliafsislni or view of death (mortis can**) 

 il r*asss to saaatisiJssioB or frestag of *lav**: xli. treat* of the various 

 mby wtitt th* proprtty of thing, i* acquired, and of the aoqui. 

 idea and k*> of po***aioe, aad lastly of lawful causes which 

 aataoriw posaaaioa aad lead to imKn|-*t"" : xhi. treat* of definitive 

 ad iBtorlocuturr *eoueees, of coof-sions in judgment, of the oswion 



oaWofthenrivtlegwof 

 of goods, and 

 xlui. treat, of 

 of plea* (exceptiones) 

 xlv. of stipulations, ftc. : 

 dulsgitinn*, payments, discharges, pnctorian 

 U of private offences : xlviii. treat* of 



. 



iMtiv it treats of torture, punianmeota, coonsostN 

 deportation, and of the bodies of malefactor* executed : 

 appeals; aad Uwa (tire, an account of the rights of 

 and of mat1r relating to captive*, military duciplm< 



Ae.: zlrii. 



OMB follow accusations, mecripttoo*, prison*; and 

 of torture, punishment*, cunfisoation, relegation, 



: xJix. treata of 

 the exchequer, 



rtlifinf to oaptiTe*, military diicipline, soldiers and 

 1 treat* of th* right* of cities and citizen*, of decuriones 

 their children, of public office*, of immunities, of deputies and 

 th* administration of tilings belonging to cities, of 

 public work*, fair*, ftc. ; of taxes laid upon the prorinoe*, concluding 

 with th* interpretation aad signification of legal term*, and with il- 

 nleiaf kw. 



Of th* merit* and imperfection* of the ' Digest,' Cujai, Hotomannus, 

 Heineorius. Onrina, Sehulting, Bynkenboek, and many other* have 

 amply spoken. With all it* fault* it U a noble work, and much superior 

 to the Coda in it* style, matter, and arrangement ; it has, in great 

 embodied the wisdom of the most learned men of the best 



Tof the empire, men who grounded their opinion* on the principles 

 iu*on and equity, and who for the most part were personally 

 I and disinterested in the subject* on which they gave their 



quity, and who for the most part were personally 

 disinterested in the subject* on which they gave their 

 Tribonian and his colleague* are charged with making many 

 interpolation*, with altering many passages in the writings of their 

 pudsHssaK's, substituting their own opinions, and passing them off to 

 the world under the name of the ancient jurist*. Justinian himself 

 acknowledged that he waa obliged to accommodate the old jurisprudence 

 to th* altered state of the times, and to " make the laws nil own." 

 Another charge, which is, however, unsupported by evidence or pro- 

 bability, is. that Justinian and his civilians purposely destroyed the old 

 tozt books that had aerred them for the compilation of the ' Pandect*.' 

 Tmig. however, before Justinian's time, the works of the ancient jurist* 

 wrr* partly lost, sod th* vicissitudes of the age* that followed may 

 easily have obliterated the rest While the Digest wai being compile.!. 

 Justinian iiimmsaloned Tribonian and two other civilians, Theophilus 

 aad Dorothea*, to make an abridgement of the first principles of the 

 fear, for th* DM of yonag student* who should wish to apply them- 

 selves to that science. This new work, being completed, was published 

 oad*r the name of ' InstiUitlones,' about one month before the appear- 

 aee of the Digest. The Institution* were mainly baaed on nn older 

 work of th* sure description snd title. (<!.urs, in Bimi. Div.] They 

 are arranged in four books, subdividrd into titles. As the law ha-i 

 Mm* object*, persons, things, and actions, the first book treat* of 

 person* or status ; the second and third, and first five titles of the 

 tooth, treat of things ; and the remaining title* of the fourth book 

 treat of action*. [Kokux LAW.] 

 Hm 



i compilations, the Cod*, the Institute*, and the 



KJu*tini*n, after the publication of the second edition of hi, 

 OTtinoed to iasue new laws 'or constitutions chiefly in Greek 

 upon particular occasion*, which were collected and published together 

 fur his death under the name of NKUW Aurrdlffii, or Norn or Con- 

 ttartica** Koreil*?. or Authentic*?. The Novell*? are dm. 

 mat Collation** aad 1M Coostituti.me*, or, a* they are now often called, 

 powfc. Th* Novlk,tog*th*r with thirteen Edict* of Justinian, make 

 p th* fourth part of his legislation. There are four Latin translations 

 Of the XoveUar, two of which were made soon after Justinian's death ; 

 the third b by Haloandcr. printed at Numberg in 1581 ; and the 

 berth wa* printed st Ba*l bv Hervmjiusln 1561. Thin first translation 

 I* that wUch i* priatod in the editions of th* Corpus Juris opposite to 



the Greek text, aad is Terr valuable, notwithstanding it has been 

 tifmatised by some with the name " barbarous : " it is sometime* 

 oaUod Authentic* IntorpreUtio or Vulgate; a recent and valuable 

 edition i* that of G. E. Heimbach, 2 Tola. 8vo, Lip*. 1846-50. The 

 version of Ualoander i* also printed in some editions of the Corpus 

 Juris. Th* Novella? mad* many changes in the law aa established by 

 Justinian's prior compilations, and are an evidence that the emperor 

 was seized with a paasion for legislating ; a circumstance which enable* 

 us to form a more correct judgment of his real merits, and lowers his 

 character as a philosophic jurist. 



(Ludewig, Vila Jtutiniani Uagti otyiu Tlteodonr, nee no* Triboniani, 

 Halle, 1731; Zimmern, '.esrViMlr dei Romiiclitn PriralrediU ba 

 J<uHnta, Heidelberg, 182; Hugo, LeMntxh der (ievhiehtt da 

 Riimixkr* Recktt, Berlin, 1882 ; Ifutury of tke Roman or Cinl Law, 

 by Ferricre. translated by J. Beaver, London, 1724; Hommelii, 

 I'alinyrMtia ; Brinkmannus. Imtilotimut Jaru Rmrtni, Sohleswig, 

 1888; SytUm da PatuUkten-KrrkU, by Thibaut, 7th L, Jena, 1828; 

 DtrOorjnu Jitrii i'$ D/MitckStbcneltt ton einem nrtinc RtchitgeUhrler 

 md ktratagtgrtien nn Otto, Schilling und Sintenis, Leipzig. 1831 ; 

 Irving's Introduction to the Civil Lav ; La Ctngiuttite Livret dv, Digatt, 

 At., Tradvitt rn Fran fail par feu M. Henri Hulot, Paris, 1805 ; 

 Pandrctet de Juttinien mite* tlant tui noitrcf ordrr, <., par It. J. 

 Pothier, traduitetpar Brtard NeuriUe,rtvu<x et corrigitt far M. Monaau 

 de Montalin, Avocat, Paris, 1810; Pothier'i edition of the Digat, 

 reprinted at Paris, in 6 vols. 4to, 1818-20, is a useful edition ; there is 

 a very cheap edition of the Carpui Jura, published in Germany, 

 by Beck, 3 vols., small fol., Leipzig, 1829 ; the editions of the Corpus 

 Juris and of the Institutes are very numerous.) [Coupes JDBIS; 

 GAITS, in Bioo. Div.] 



JUVENILE OFFENDERS. Numerous statutes have been paaaed 

 of late years with the view of providing for the effectual reformation of 

 criminal children ; but the law is still in a transitional if not ex|'ri- 

 mental state. Criminal Courts are now however enabled to sentence 

 juvenile criminals to confinement in reformatories, which the magis- 

 trates of counties and district* are enabled to provide for this purpose, 

 the parents being compilable, if able, to provide for their maintenance 

 and education. The progress of public opinion and of .legislation on 

 this subject of deep interest and of national importance will be found 

 traced in a work recently published by Mr. M. D. Hill, the Recorder of 

 Birmingham, which is devoted to an account of the means to be taken 

 for the repression of crime. 



JYAR, in Hebrew 'TIS, is the eighth month of the Jewish year. It 



coincides, when earliest, with our April ; but when the year is 

 lengthened by the addition of a thirteenth month, it may be a* late as 

 our May. In the present year (I860) it begins on the 23rd of April. 

 We usually pronounce the word Jyar, but it should be sounded 

 curiously like the Greek 'taf, " tho spring," with which some ety- 

 mologists believe the word to be connected. Josephus, in the eighth 

 book of his ' Antiquities,' c. 3, 3, writes it 'Inf. In the two manu- 

 script* containing the old calendar of Heliopolis (Balbek) we find it 

 lafaf and Apap. 



The Jewish almanac* mention several fasts in this month, but 

 tln-y dn not appear to be alt generally observed : one of three 

 days' duration is set down for the commencement of Jyar, to be 

 observed as an expiation by any persons who may havo committed 

 exoeases during the celebration of the Passover in the preceding 

 month ; another, on the 10th, is held in memory of tho death 

 and of tho seizure of tho Ark by the Philistine* (1 Samuel h 



i kept for tbe death of Samuel on the 27th. The festivals in 

 this month are only partially celebrated : one, on the 7th, in comme- 

 moration of a second consecration of the Temple by the Maccabees ; 

 one, on the 23rd, for the capture of Gaza (1 Mace. xiil. 43), or else for 

 the capture of the tower of Jerusalem (ibid, v. 51) ; and a third is 

 attributed, on insufficient authority, to the 27th, in memory of the 

 expulsion of the Galihcans (?) by the Maccabees, but this would clash 

 with tbe faxt-day above mentioned, instituted to cominemonii 

 death of the |>n>|<li<-t Samuel. It appears from the 6th chapter of the 

 1st book of Kings, v. 1, that the ancient name of this month was Zif ; 

 it is called there "the second month," that being it* place in tho 

 calendar before the commencement of the year was transferred from 

 the spring to the autumn, or from Ninan to TUri. [BuL.] The name 

 occurs again in the 87th verse. Jyar hat 29 days only. 



