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sgainft the other, by conilni<aion of the ilatute Weftm. 3. 

 c. 22. (2 In!>. 40?) So likewile, though at common 

 hw no aiftion of account lay for one tenant againil anotlier, 

 iinlefs he had conftitured him his bailiff or receiver (Co. 

 Litt. 200.) ; yet now by the ilatute 4 Anne, c. 16. joint- 

 tenants may have actions of account againil each other, for 

 receiving more than their due (h.-.re of tiie prolus of tlie 

 tenements lield in joint-tenancy. From the fame principle 

 alfo arifes the remaining sjrand incident of joint cllates ; via. 

 the doclrine oi furvivorjhip ; wliich fee. 



An eitate in joint-tenancy may he fevered ^ni ilejlioyed, by 

 deilroying any of its conllitnent unities. The fad, indeed, 

 cannot be effetted by any fiibfequent tranfaclion. But the 

 joint-lenant'sellate may be dellroyed without any alienation, 

 by merely difuniting their pqffl/fion. Hence, if two joint- 

 tenants agree to part their lands^ and hold them in feveralty, 

 they are no longer joint-tenants, and the riglit of furvivor- 

 fhip is by fuch feparation deftroyed. (Co. Litt. 18S. 

 I9_5.) By common law ail the joint-tenants might agree to 

 make partition of the lands ; but one of them could not 

 compel the other fo to do (Litt. § 290.) ; but now by the 

 flatutes ji Hen. VIII. c. l.and :!2Hcn. VIII. c. ^z. joint- 

 tenants, either of inheritance or other lefseftates, are compel- 

 lable by writ of partition to divide their lands. Again, the join- 

 ture may be dellroyed by dellroying the unity of t'ule. 

 As if one joint. tenant alienes and conveys his eliate to a third 

 perlon, the joint-tenancy is fevered, and turned into tenancy 

 in common. (Litt. § 292.) But a devife of one's ihai-e 

 by will is no feverance of the jointure ; for no teflamcnt takes 

 effect till after the death of the teftator, and by fuch death 

 the right of the furvi/or, which accrued at the original 

 creation of the eftate, and has therefore a priority to the 

 other, is already veiled. (Litt. § 287.) It may be alfo 

 deftroyed by dellroying the unity of interej}. And tiierefore, 

 if there be two joint-tenants for life, and the inheritance is 

 purchafed by or dcfcends upon another, it is a feverance of 

 the jointure. (Cro. Eliz. 470.) In like manner, if a joint 

 tenant in fee makes a leafe for hfe of his fliare, this defeats 

 the jointure, for it deftroys the unity both of title andinte- 

 reft. (Litt. 9302, 303.) And whenever, or by whatever 

 means the jointure ceafes or is fevered, the right of furvivor- 



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fettled upon her by her hufoand, to hold during lier life, if (he 

 furvives him. 



JOINTURE, in Laiv, a covenant whereby the hufband, 

 or fome Iriend in his behalf, makes over to his wife, on con- 

 dition of m.arriage, certain lands and tenements for the term 

 of her life, or oliierwife, in lieu of dower. 



Others define jointure a bargain and contraft of livelihood, 

 adjoined to liie contratl of marriage, being a conip.-tent 

 piovilion of frev-huid lands or tenements. Sec. for the wife, 

 during her life at Icall, to take effedl in profit or poneflion, 

 after the death of her huiband, if ibe lierfelf is not the caufe 

 of the extermination or forfeiture of it. 



And to make a perfeft jointure wiihin the ftatute of 27 

 Hen. VIII. c. 10. to bar dower, leveral thirgs arc to be 

 cbferved. i. It n-.uit be made to take eifedl for the life of 

 tiie wife in pofieilion or profit, prefently after the dcceafe of 

 her hufband. 2. It ir.uil b? for the term of her own life, Or 

 a greater ellate ; but it may be limilrd to continue no longtr 

 than (he remains a widow, &c. 3. It mult be made forhcr- 

 felf, and to none other in trull for h'T. 4, It is to be CK- 

 preffed to be in fatisfaftion of her whole dower, and not 1 

 part of it. J. It may be made before or after marriage : 

 if it be made before, the wife cannot waive it, and claim 

 her dower at common law (4 Rep. 1,2); but if it be 

 jnadc after marriage, Iho has her election, afier the hufijand'i 

 death, and may either accept it, or refufe it, and betake 

 herfelf to her dower at common law ; for (lie was not cap.-.- 

 ble of confenting to it during coverture, unlefs the jointure be 

 made by act of parhamcnt. After the de.Hlii of her hufLanJ, 

 the wife may eiitcr into her jointure, pnd is net driven to i 

 real aclion, as (he is to recovvr dower bj the common law ( 

 and upon a lawful eviction of her jointure, (he fliall be en- 

 dowed according to the rate of h;r hu(band's lands, wfcereof 

 (he was dowable at common law. 



A wife's jointure fliail net be forfeited by the treafon of 

 the hufband (Co. Litt. 37.) ; but feme-coverts, committing 

 treafon or felony, may forfeit their jointures, and being cor.- 

 vicl of recufancy, they fliall forfeit two parts in three of 

 their jointures and dower, by 3 .Tac. I. c. 4. 



JOINVILLLE, John Sirede, in Biography, a French 

 hiflorian, born in the early part of the thirteenth century. 



(hip the fame inftant ceafes with it. (Co. Litt. 108.) Yet, if made a confiderable figure in the court cf Le\i is IX. Thi: 



one of thefe joint-tenants alienes his fliare, the two remaining 

 tenants dill hold their parts by joint-tenancy and furvivorfhip 

 (Litt. ^ 294. J ; and if one of three of thefe joint tenants 

 relea-fes his (hare to one of his companions, though the joint- 

 tenancy is dellroyed with regard to that part, yet the two 

 remaining parts are (liil held in jointure (Litt. J 304.) ; for 

 they ilill preferve their original conflituent unities. 



Things perfonal may belong to their owners, not only in fe- 

 vcnJty,butaIfo injoint-tenancy,andin common as well as real 

 e.lates. Thus if a houfe, or other perfonal chattel, be given 

 to two or more abfolutely, they are joint tenants of it ; and, 

 unlefs the jointure be fevered, the fame doctrine of furvivor- 

 fhip fhall take place as in ellates of lands and tenements. 

 (Litt. § 2S2. I Vcrn. 482. ) The king cannot have a joint 

 property with any perlon in one entire chattel, or fuch a 

 one as is not capable of divifion or feparation ; but where 

 the titles of a king and a fubjedl concur, the king (hall have 

 the whole. Blackft. Com. b. ii. 



JoiNT-wa/cr, a tcrmufed by our farriers, for what the old 

 writers in medicine have called hydarthros ; a running of a 

 clearichor from the joints, when they are either wounded or 

 ulcerated : it is common in difeafes of horfcs. 



JOINTEE, in the Manege. See Handful. 



JOINTRESS, or Joi.NTEREss, (he that hath an eftatc 



prince he followed in all his militaiy expeditions, and afiifted 

 him alfo iu the adrainiflration of jullice. One of the duties 

 which he had to perform, was to hear the pleas of applicant."! 

 at the palace gate, and to report them to his majefly, and 

 alfo to invefligate the truth of the allegations. When 

 Lewis took the crofs, and made liis expedinon into Egypt 

 in 1249, Joinville, inftigated by the martial fpirit and devo- 

 tion of the age, attended him with a train of followers fuited 

 to his rank, and his narrative of this enterprize in his life of 

 Lewis, is one of the moft curious and valuable records ef 

 that age. The hiflorian (hared his fovereign's captivity, as 

 well as the dangers which they all inc-.irred from the comr 

 mon enemy. He returned in fiifety, and was fo much im- 

 prc(rcd with the danger and impolicy of thefe expeditions, 

 that he made no fcruple of condemnmg thof^i who advifed 

 Lewis to undertake his fecond crufade, and excufed himfelf 

 from accompanying the king, on the pretext of having been 

 ruined by the firfl. Joinville's hiftory was completed in the 

 year 1309, when the author, according to Gibbon, muft 

 have been more than ninety years of age : it is a faithful de- 

 tail of the fafts which occurred under his own obfervation. 

 " A monkifli hiflorian fhould have been content to applaud 

 the m«ll defpicable part of his (the king's) charaftcr ; but 

 the noble and gallant Joinvi'le, who (hared the fricndfhips 

 Z z 2 Rr.4 



