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.

2. The ecclesiastical courts may in such cases entertain a libel by the party injured; and, on proof of the facts, enjoin¹ the wrong-doer to perpetual silence; and, as a punishment, make him pay the costs. 3 Bl. Com. 93; 2 Hagg. Cons². R. 423 Id. 285; 2 Chit. Pr. 459.

JACTURA. The same as jettison³. (q. v.) 1 Bell's Com. 586, 5th ed.

JAIL. A prison; a place appointed by law for the detention⁴ of prisoners. A jail is an inhabited dwelling-house within the statute⁵ of New York, which makes the malicious⁶ burning of an inhabited dwelling-house to be arson⁷. 8 John. 115; see 4 Call, 109. Vide Gaol⁸; Prison.

JEOFAILE. This is a law French phrase, which signifies, "I am in an error; I have failed." There are certain statutes⁹ called statutes of amendment¹⁰ and jeofails because, where a pleader perceives any slip in the form of his proceedings¹², and acknowledges the error, (jeofaile,) he is at liberty by those statutes to amend¹¹ it. The amendment, however, is seldom made, but the benefit is attained¹³ by the court's overlooking the exception. 3 Bl. Com. 407; 1 Saund. 228, n. 1; Doct. Pl. 287; Dane's Ab. h. t.

JEOPARDY¹⁴. Peril¹⁵, danger. 2. This is the meaning attached to this word used in the act establishing and regulating the post office department. The words of the act are, "or if, in effecting such robbery of the mail the first time, the offender¹⁶ shall wound the person having the custody¹⁷ thereof, or put his life in jeopardy by the use of dangerous weapons, such offender shall suffer death." 3 Story's L. U. S. 1992. Vide Baldw. R. 93-95.

3. The constitution declares that no person shall "for the same offence, be twice put in jeopardy of life and limb." The meaning of this is, that the party shall, not be tried a second time for the same offence after he has once been convicted or acquitted¹⁸ of the offence charged, by the verdict of a jury, and judgment¹⁹ has passed thereon for or against him; but it does not mean that he shall not be tried for the offence, if the jury have been discharged from necessity or by consent, without giving any verdict; or, if having given a verdict, judgement has been arrested upon it, or a new trial has been granted in his favor; for, in such a case, his life and limb cannot judicially²⁰ be said to have been put in jeopardy. 4 Wash. C. C. R. 410; 9 Wheat. R. 579; 6 Serg. & Rawle, 577; 3. Rawle, R. 498; 3 Story on the Const. §1781. Vide 2 Sumn. R. 19. This great privilege is secured by the common law. Hawk²¹. P. C., B. 2, 35; 4 Bl. Com. 335.

4. This was the Roman law, from which it has been probably engrafted upon the common law. Vide Merl. Rep. art. Non bis in idem. Qui de crimine publico accusationem deductus est, says the Code, 9, 2, 9, ab alio super eodem crimine deferri non potest. Vide article Non bis in idem.