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T- 1148 TAO

N
T.
o T. As ao abbreviation, this letter usually
stands for either " Territory," "Trinity,"
details 80 as to be comprehended tn !\ sin.
gle view; as genealogical tables. exhibiting
"term," "tempore," (in the t'i me Oft) or the names and relationships of all the .per-
"tille. " sons com posing a family; life and annuityta-
Every person who was convicted or felony, bles, used by actuaries; interest tables, etc.
P sl10rt of murder. and admitted to the benefit
TABLE DE MARBRE. Fr. In old
of cl ergy, was at one time marked with this
letter upon the brawn of the thumb. The French law. Table of Marble; 8 principal
practice is abo lisbf>d. 7 & 8 Geo. IV. c. 27. seat of tile admiralty. 80 called. These
By a law of tile Province of Pennsylvania, Tables de Marbre are frequ ently mentionell
QA. n. 169~. it was provided that a convicted in the Ordonnance of the Marine. Burrill.
thief should wear a lJadge in the form of the
TABLE OF CASES. An alphabetical list
letter "T.," upon his left sleeve. which badge
of the adjudged cases cited. referred to, or
should be at least (OUI' inches long and of a
R color di fferent from that of his outer gar-
digested in a legal text. book, volume of re-
ports, or digest, with references to the sec-
ment. Linn, Laws Provo Pa. 275.
tions. pages, or paragraphS where they are re--
T . R . E. An abbreviation of "Tempo1'e spectively cited, etc., which is commonly
Regis .B:dwardi," (in the time of King Ed· ei ther prefixed or appended to the vol ume.
S wanI.) of common occurrence in Domesday,
TABLE RENTS. In English la w. Pay-
wllen the valuation of manors, as it was in
the time of Edward the Confessor, is re- ments which used to be made to bisilOPS, etc.•
counted. Cowell. reserved and appropriated to their table or
house-keeping. Wharton.
T TABARD. A short gown; a berald's
coat; a surcoat. TABLEAU OF DISTRIBUTION. In
Louisiana. A list of creditors of an insol v-
TABARDER. One who wears a tabard ent estate, stating what each is entitled to.
or short gown; the name is still used as the 4 Mart. (N. S.) 535.
title of certain bachelors of arts on the old
fOl1nd~~tion of Queen's College, OXfOl·d. Ene. TABULA. Lat. In the civil law. A
Land . table or tablet; 8 thin sheet of wood, which,
when covered with wax, was used for writ·
TABELLA. Lat. In Roman law . .A.
ing.
tablet. Used in voting. and in giving the
verdict of juries; a.nd, when written upon. TABULA IN NAUFRAGIO. L.t. A
commonly translated "ballot." The laws plank in a shipwrec]c This phrase is uSf'd
which introduced anel regulated the mode of metaphorically to deSignate the power sub-
voti ng by ballot were called II leges tabella1'ia:. " sisti ng in a third mortgagee, who took with
Calvin.; 1 Kent, Comm. 232, note. out notice of the second mOl'tgage. to acqui~'e
tIle first incumbrance, attach it to his own,
TABELLIO. In Roman law. An officer
and thus squeeze out and get satisfaction, be-
corresponding in some respects to a notary.
fore the second is admitted to the fund. 1
Ilis business was to draw legal instruments,
Story, Eq. Jur. § 414; 2 Ves. Oh. 573.
(contracts. wills, etc .• ) and witness their ex·
ecntion. Calvin. TABULlE. Lat. In Roman law. Ta-
bles. 'Writings of any kind used as evi·
TABERNACULUM. Inoldrecords-. A
dences of a transaction. Brissonius.
public inn, or house of 'entertainment.
Cowell. TABULE NUPTIALES. In the civil
TABERNARIUS. Lat. In the civil law. A written record of a marriage; or the
law. A. shop-keeper. Dig. 14,3,5,7. agreement as to the dos.
In old English law. A taverner or TABULARIUS. Lat. A notary, 01 ta-
tavern-keeper. Fleta, Jib. 2. c. 12, § 17. bellio. Calvin.
TABLE. A. s.ynopsis or condensed s tate· TAC, TAR. In old records. A kind or
ment. bringing together numerous items or customary payment lly a tenant. Cowell.
TAC FREE IlJ9

TAIL. ESTATE IN

TAC FREE. In old records. Free from TACKING. The un ittng securities gh.
the common duty or imposition of tac. Cow- en at different times, so as to pre . . ent B!lY
ell intermediate purchaser from claiming a title
to redeem or otherwisft discharge one lien,
TACIT. Silent ; not expressed; implied
which is prior, wilbout redeeming or dis-
or inferred; manifested by the refraining
charging the other liens also, which are sub·
from contradiction or objection: inferred
sequent to bis own title. 1 Story, Eq. Jur.
from the situation and circumstances. in the
§ 412.
absence of express matter. Thus, tacit con-
The term is parLicularly applied to thf' ac-
Bent is consent inferred from the fact that
tion of a third mortgagee who, by buying the
the party kept silence when be bad an op-
first lien nnd uniting it to bis own, g~ts pri.
portunity to forbid br refuse.
ority over the second mortgagee.
TACIT LAW. A law which derives its TACKSMAN. In Scotch law. A tenant
authority from the common consent of the or lessee; one to whom a tack is granted. 1
people without any legislative enactment. 1 Forb. Inst. pt. 2. p. 153.
BOllv. lust. no. 120.
T ACT I S SACROSANCTIS. In old
TACIT MORTGAGE. In the law of English law. Touching the holy evang t'l-
Louisiana. The law alone in certain cases ists. Fleta. lib. 3. c. 1G. § 21. "A bishop
gives to the creditor a mortgage on the prop- may swear visis e1Jangelii!J, [looking at tile
erty of his debtor, without it being requisite Gospels,] and not tactis, and it is good
that the parties should stipUlate it. This is enough. lI Freem . 133.
called ulegal mortgage." It is called also TACTO PER SE SANCTO EVAN-
"tacit mortgage," because it is established GELIO. HaVing personally touched the
by the law without the aid of any agreement. holy Gospel. Cro. Eliz. 105. T~e descrip.
Cl vii Code La. art. 3311. tion of it corporal oath.
TACIT RELOCATION. In Scotc~ law. TAIL. Limited; abridged; reduced; cur·
The tacit or implied renewal of a lease. in- tailed, as a fee or estate in fee. to a certnin
tt!rrrd when the landlord, instead of wam- order of succession. or to certain beirs.
illg 3 tl}n3Dt to remov e at the stipulated ex-
TAIL AFTER POSSIBILITY OF
piration of the lease. has allowed him to
ISSUE EXTINCT. A speci .. of estate
continue without m<~killg a new agreement.
tail which arises wbereonr is tenant in special
Bell. II Relocation."
tail, amI a per::lon from whose body thr issue
TACIT TACK. In Scotch law. An im- was to sprin g dies without issue, or, having
plied tack or lease : inferred from a tacks- left issue, that issue becomes extinct. In
man's possessing peaceably after his tack is either of these cases the surviving tenant in
expired. 1 Forb. In st. pt. 2. p. 153. special tail becomes" tenant in tail after pos-
sibilityof issue extinct." 2 BI. Coru m. 124.
Tacita. quredam habentul' pro expres-
sis. 8 Coke, 40. Things unexpressed are T A I L. ESTATE IN. An est"te o!
sometimes considered as expressed. inheritance, which, instead of descending
to heirs generally. goes to the heirs of the
TACITE. Lat. Silently; impliedly: tac- donee's body, which means his lawful issue,
Itly. his children. and thrllugh them to his grand-
TACITURNITY. In Scotcb law. this children in a direct line. so long as his pos·
lignifies laches in not prosecuting a legal terity ellllul"{'s in a l"('gulal" order and course
claim, or in acquiescing in an adverse one. of descellt. and upon the deaLh of the first
Mozley ...% WhiLley. owner withuut issue, the estate dettlrmines.
1 'Vashu. H~<ll Prop. *72.
TACK, c. To annex some junior Hen to An estate tail is a freehold of inheritance,
a firl;)t lien. thereby acqUiring priority over limited to a pI'l't;on and the )wirs of his botly,
an intermediate one. general or sp<'cial, male or fema]e, and is the
TACK. n. In Scotch law. A term cor- erl'ature of the statute de Donis . The
responding to the English" lease," and de- estate, provideti the entail be not barred.
noting tILe same species of contract. reverts to the dOllor or reversioner, if the
donee die without leaving descendants
TACK DUTY. Rent reserved. upon a ans wering to the condition annexed to the
lease. e:-tate upon its creation, unless there be a
TAIL FEMALE 1150 TAKE UP

[on over to 8 third person on default any great lord, upon his subjects. usually 'l.'A!l
1 descendants. when it vests in such taking the form of an imposition upon the partic u
•erson or remainder·rnan. Wharton. owners of real estate. Brande . vise.
In old English law. The fee which is a reina.
L FEMALE. When lands are given opposed to fee-simple, because it is 80 minced of Lhe
Irson and the female heirs of bis or or pared that it is not in the owner's free taker. '
dy. this is called an "estate tail power to dispose of it. but it is, by the first TAl
," and the male heirs are not capable giver. cut or divided from all other. and tied The a(
~rjt ing it. to the issue of the donee,-in ahart, an es- or wit
L GENERAL. An estate in tail tate-tail. Wharton.
TA
:l to one "and the beirs of his botly TAILZIE. In Scotoh law. An entail. count,
m," which is called Htail general" A tailzied fee is that which the owner, by 8 Bl.
how often soever such donee in tail
!, exercising his inherent right of di sposing of Tho
ried. his issue in general by all and his property. settles upon others than those be dE
uch marriage is. in sl1ccessive order. to whom it would have descended by In w. Cow.
Iof inheriting the estate tail per for. 1 Forb. Inst. pt. 2, p. 101. ar."
Ion;. 2 Bl. Comm. 113.
s where an estate is limited to a man and TAINT. A. can viction of felony, or the TJ
'9 of his body, without any restriction at persall so can victed. Cowell. by m
according to some authorities, with no 8uftic
'estriction than that in relation to sex. TAKE. 1. To lay hold of; to gai n or re-- does
~il male general is the same thing as tall
he word "genera l, " in such case, implying ceive into possession; to seize; to deprive one pray
Ir e is no other restriction upon the descent of the possession of; to ~~ssume ownership. ply'
state tha.n that it must go in tho male line. Thus. it is a constitutional provision that a pan!
'Late in tall fema.le general is an estate in man's property shall not be taken for pub- Bro
.ale. The word "general," in the phrase,
es a purely negative idea, and may denote
lic uses without just compensation. 9 Ind.
T
"nee ot any restriction, or the absence of 433.
ivan r estriction which is tacitly uuder- ~. To obtain 01' assume possession of a
So r
Mozlev & Whitley. chattel unlawfully, and without the owner's wor
consent; to appropriate things to one's own tor
:L MALE. When la.nds are gi ven to perl
use with fel onious intent. Thus, an actual
)0 and the male heirs of his or her
taMng is essential to constitute larceny, 4 ~
bis is called an .. estate tail male," and
[lale heirs are not capable of inheriting :HI. Comm.430. act
3. To seize or appre.hend a person ; to arrest tb.
the body of a person by virtue of lawful
IL SPECIAL. An estate in tail process. Thus. a capias Cl')mmands the of-
the succession is restricted to certain ficer to take the body of tbe df'fendant. Ilk
f the donee's body. and does not go to 4. To acquire the title to nil estate; to re. Isl
them in general; e. g .• where lands ceive an estate in lands from another per- kil
nements are gi ven to a man and II the son by virtue of some species of title. Thus, .~
If bis body on Mary. his now wife. to one is said to .. take by purchase." "tahe by
'otten;" here no issue can inherit but descent," "talle a life-interest under the de- 01
pecial issue as is engendered between vise. It etc. ot
jWO. not such as the husband may 5. To receive the verdict of a jury; to su- 5,
)y another wife. and therefore it Is perintend the delivery of a verdict; to hold a
"special tail." 2 Bl. Comm. 113. court. The commission of assize in England "cr
letlned by Cowell as the limitation of lands empowers the judges to tuke the a:isizes;
ements to a man and bis wife a.nd the boirs that is, according to its ancient meaning, to
. two bodies. But the phrase need not be take the verdict of a peculiar species of jury
:itrieted. 'fail special, in its largest sense,
a the gift is restrained to certa.in heirs of called an "asRize;" but, in its present mean-
" . III

Bi
or's body, and does not go to all of them in ing, u to bold the assizes." 3 HI. Camm. 59,
. Mozley & Whitley. 185. "
'I

I LAG E . A piece cut out of the TAKE UP. A party to a negotiable iu-
a share of one's substance paid by strument, particularly an intlorser or accept- \
~ tribute; a toll or tax. Cowell. or, is said to "take up" the paper, or to "re-
tire" it, when be paya its amount, 01' substi-
:LLE. Fr. In old French law. A tutes other s('curity for it, and receives it
assessment levied by the king, or by again into his own handa.
TAKEB 1151 TALLY TRADE

'l.'AKER. One who takes or acquires; thing or such a right as is not vested in a
particularly. one who takes an estate by de- person then living, but merely exists in the
vise. When an estate is granted subject to consideration and contemplation of law [13
a remainder or executory devise. the devisee said to bH in abeyance.] and others have said
of the im mediate interest is called the" first tliat slich a thing or such a rlgbt is III the
taker. It clouds. Co. Lilt. 342.
TAKING. In criminal law and tort-a. TALITER PROCESSUM EST. Upon
The act at layIng hold upon an article. with pleading the judgment of an inferior court,
or without removing the same. the proceedings preliminary to s uch judg-
ment, and on which the same was founded.
TALE. In old pleading. The plaintiff's llluSt, to some extent, appear in the plead-
count. declaration, or narrative of bis case. ing, but the rule is that th ey may be alleged
8 Bl. Corum. 293. with a general allegation that "such pro-
The count or counting of money. Said to ceedi ngs were bad." instead of a detailed
be derived from the same root as "tally," account of the proceedings themselves, and
Cowell. W hence also the modern word" tell- this general allegation is called the II tal'ite'r
er." p1'ocessum est." .A. like concise mode of
TALES. Lat. Such; such men. When, stating former proct-'t>dings in a suit is
by means of challenges or a.ny other cause, a adopted at the present day in ch,\ ncery pro-
lufficient number of unexceptionable jl1fors ct!edings upon petitions and in actions in the
does not appear at the trial, either party may nature of uills of l'flvh'or and suppl~ment.
pray a "tales. II as it is termed ; that is, a sup- Brown.
ply of such men as are summoned on the first TALLAGE. A word used metaphorical-
panel in order to make up the deficiency. ly for a sllal'e of a man 's substance paid by
Brown. way of tribute, toll, or tax, being derived
TALES DE CIRCUMSTANTIBUS. from the French "taUter," which signifies
So many of the by-standers. The emphatic to cut a piece out· of the whole. Cowell.
words 01' the old writ a warded. to the sheriff TALLAGERS. Tax or Loll gatherers;
to make up u dl'ficie ncy of jurors out of the mentioneu by Chaucer.
persons present in court. 3 131. Corum. 365.
TALLAGIUM. A term Including all
TALESMAN. A person summoned to taxes. 2 lnst. 532.
act as a juror from among Lhe by-standel's in TALLAGIUM FACERE. To give up
the court. accounts in the exchequer, where the method
TALlO. Lat. In the civil law. Like for of accoullting was by tallies.
lik e: puoishmrnt in the same kind; the pun- TALLATIO. A keeping account by tal·
ishment of an injury by an act of the same lies. Cowell.
kimI, as an eye for an eye, a limb for a limb.
etc. Calvin. TALLEY, or TALLY. A stick cut In·
to two parts, on each whrreof is marked,
Talis interpretatio semper fienda est, with notches or otherwise, what is due be·
at evitetur a.bsurdum at inconveniens. tween debtor and credilor. It was lhe an-
et ne judicium sit illusorium. 1 Coke, cient mode of keeping accuunts. One part
52. Interpretation is always to be made in was held by tht! creditor, and the otber by
such a munner that what is absurd and in- the debtor. The use of tallies in Lheexcheq.
convenient lllay be avoided. and the jUdg- ner was abolished by St. 23 Geo. III. c. 82,
ment be llot illusory. and the old L<tllies were ordered to u!3 de--
Talis non est eadem; nam nullum stroyed by St. ~ & 5 Wm.IV. c. 15. Wlmr·
Simile est idem. 4 Coke, 18. 'Vhat is like tou.
\s not tho same; for nothing similar is the TALLIA. L. Lat. A tax or tribute;
Bame. tallage; a share taken or cut out of anyone' s
income or means. Bpelman.
Talis res, vel tale rectum, qure vel
quod non est in homine udtUllC stlper.. TALLY TRADE. A system of dl'aJin g
stite sed tantummodo est at consistit by wbich dealers furnish certain articles on
in considerations et intelligentia legis, credit, upon nn agreement for the paymt>nt
et quod alii dixerunt talem rem vel of the stipulated price by certain weekly OJ
~le rectum fore in nubibus. Such a m\Jntllly installments. McCul. Diet.
TALTARUM'S CASE 11&2 TAVERN

N TALTARUM'S CASE . A case reported I TARE. A deficiency in the weight at


in Yeal'b. 12 Edw.IV. 19-21, which Is re- quantity of merchandise by reason of the
garded as having established the foundation weight of tbe box, cask, bag, or other recep-
of common recoveries. tacle which contains it and is weighed with
o TAM QUAM. Aphraseusedasthename
of a writ of error from inferior courts. when
it. Also an aUo".anee or abatement of a cer·
tain weight or quantity which the seller
makes to the buyer, on accou,nt of the weight
the elTor is supvosed to be as well in giving of such box. cask. etc. See TRET.
the judgment as in awarding execution upon
p it. (Tam. in redditione judicii. quam in TARIFF. A cartel of commE'lrce, a book
of rates, a tdoble or catalogue, drawn usually
adjudicatione executionis.)
A venire tam quam was olle by which a in alpli(f.betical order, contain Lng the names
jury was summoned, as welt to try an issue of several kinds of merchandise, with tile
as to inquire of the damages Oll a default. 2 duties or customs to be paid for the same, as
Q Ticld, Pro 722, 895. settled by authority, or agreed on between
the several princes and states that bold com-
TAM E . Domesticated; accustomed to merce together. Enc. Lond.
man; reclaimed from a natural s~ate of wild- The list ox: schedule of a·rticles on which a
ness. In lhe Latin phrase, tame animals are Iluty is imposed upon their importation into
R described as domita natu.ra:. Llle United States. with the rates at whidl
they are severally taxed. Also the custom
TA.MEN. Lat. NotWithstanding; never-
or duty payable on such articles . And, de-
theless; yet.
rivatively, the system or principle of impos-
TANGIBLE PROPERTY. Property ing duties on the imp0l'tl-ltion of foreign mer-
S which may be touched i such as is per~eplible chandise.
to the senses; corporeal property, whether TASSUM. In old English law. A heap;
real or personal. The phrase is used in op- a hay-mow, or hay~stack. Frenum in tassis,
position to such species of prope ~y as pat· hay in stacks. neg. Orig. 96.
T ants, franchises. copyrights, rents, ways, and
TATH. In the counties of Norfolk and
incorporeal property generally.
Suffolk, the lords of manors ancieutly claimed
TANISTRY. In old Irish law. A SpE>- the privil(~ge of having theil' tenants' fioel,s
cies of tenure. founded on ancient usnge, or sheep brought at night upon their own
which allotted the inheritance of lands. cas- demesne lands. there to be folded for the im·
tles, etc .• to the" oldest and worthiest man provement of the ground, which liberty was
of the deceased's name amI blood." It was called by the name of the "tath. " Spelman.
abolished in the r eign of James I. Jacob; TAURI LIBERI LIBERTAS . .A. com-
Wharton. mon buH; because he was free to all the ten-
TANNERIA. In old English law. Tan- ants within snch a manor, liberLy, etc.
aery; the trade or business of a tanner. TAUTOLOGY. Describing the Mme
Fleta, lib. 2, c. 52, § 35. thing twice in one sentence in equivalent
TANTEO. Span. In Spanish law. Pre- terms; a fault in rhetoric. It differs from
emption. 'Vhite. New Recap. b. 2, tit. 2, repetition or iteration. wbich is repeating the
c. 3. same sentence in the same or equivalent
terms; the latter is sometimes either excus-
TANTO, RIGHT OF. In Mexican law. able or necessary in an argument or address;
The right enjoyed by an usufrll ctuary of the former (tautology) never. 'Vharton.
property. of buying the property at Ute same
price at which the own-ar offers it to any TAVERN. A place of entertainment; a
other person. or is willing to take from an. bouse kept up for the accommodation of stran-
other. Civil Code Mex. art. 992. gers. Originally, a house for the retailing of
liquors La be dl'unk on the spot. Webster.
Tantum bona valent. quantum vendi The word II tavern, "io a charter provision author-
pOSBunt. Shep. Touch. 1-12. Goods are izing municipal authorities to "license and regu-
worth 80 much as
they can be sold for. late taverns, "includes hotels. UTa vern, .. "hotel. "
and "public house" are, in this country, used syn-
TAR D E VENIT. Lat. In practice. onymously; and while they ent.el'tai n the traveling
The name of a return made by the sheriff public., and keep guests, and recelv~ compeosation
therefor, they do not lose t.heir character, though
to a writ. when it cam@ into his hands too tbey ma.y not. bav~ t.he privilege of selling liquor.\!
lat.e to be executed before the return~day. ~ Mo. 5tlS.
TAYERN-KEEPER 1153 TAX
TAVERN-KEEPER. One who keeps. Synonyms. In a broad sense, taxes un·
tavern. ODe who keeps an ino; an inn· doubtedly include assessments, and the right
keeper. to impose assessments has its foundation in
the taxing power of the government; and
TAVERNER. In old Engllih law. A yet, in practice and as generally understood,
Beller of wine; one who kept a bouae or shop there is a broad distinction between the two
tor tb6 sale of wiue. terms. .. Taxes." as the term is generally
used, are public burdens imposed generally
TAX, c. To impose 8 tax: to enact; orde- upon the inhabitants of the whole state, or
elare that a pecuniary contribution shall be upon some civil division thereof, for govern-
made by tbe persons liable, tortha support of mental purposes, without reference to pecnl-
government. Spoken of an individual, to be iar benefits to particular individuals or pl'Op~
taxed is to be included in an assessment made erty. "Assessments" have reference to impo-
tor purposes of taxation. sitions for improvements which are specially
In practice. To assess or determine; to beneficial to particular indi viduals or prop-
Uquidate, adjust, or settle. Spoken particu- erty, and which are imposed in proportion to
larly of taOling costs. (q. ~ . ) the particular benefits supposed to be con-
ferred. They are justified only because the
TAX, ft. Taxes are a ratable portion of improvements confer special benefits. and are
the produce of the property and labor of the just only when they are divided in proportion
individual citizens, taken by tbe nation, in to such benefits. 84 N. Y. 112.
the exercise of its sovereign rights. for tbe A cbarge imposed bylaw upon the assessed value
support of government, for tbe administra. of all property. real and personal, in a district, i. a
tion of tbe laws, and as the means for con.. tax, and not a.n assessment, although the purpose
tinuing in operation the various legitimate be to make a local improvement on a road. 46 Cal.
553.
functions of the state. Black, Tax Titles,
§ 2. Taxes differ from subsidies, in being cer-
Taxes are the enforced proportional contri .. tain and orderly. and from forced contribu-
bnt-ion of perSOn8 and property, levied Lythe tiODS. etc., in that they are levied by auLhor-
authority of the state for the support of the ityof law, a.nd by some rule of proportion
goverument, and for all public needs; por- which is intended to insure uniformity of con-
Uons of the property of the citizen, demand- tribution, and a just apportionment of the
ed and received by the government, to be dis- burdens of government. Cooley. Tax'n. ~.
posed of to enable it to discharge its func- The words "tax" and "excise," although
tions. 58 Me. 590. often used as synonymous. are to be consid4
In n general sense, a tax is any contribu- ered as baving entirely distinct and separate
tion imposed by government upon individu- Significations. The former is a charge appor-
als, for the use and service of the state, wheth- tioned either among the wbole people of the
er under the name of toll, tribute, tallage, l!It.a.te, or those residing wit bin certain districts.
gabel, impost. duty, custom, excise, subsidy, municipalities, or sections. It is required
aid. supply, or other name. Story, Const. to be imposed, as we shall more fully explain
§ 950. hereafter. so that. if levied for the pub:ic
By the concurrent opinion of lawyers, judges, charges of government. it shall be shared ac-
lexicographers, a.nd political economists, as well as cording to tile estate. real and personal. which
by the general and popular understanding, taxes each person may possessj or, it raised to de·
are burdens or charges imposed by the legislature
upon persons or property to raise money for public fray the cost of some local improvem~nt of a
purposes, or to accomplish some governmental end. public nature, it shall be borne by those who
21 Iowa, 28. will receive some special and peculiar benefit
A tax is a pecuniary burden, imposed for the sup- or ad vantage which an expenditu re of money
port or government.. 11 Wall 822.
tor a public Object may cause to those on
Taxes are classified as direct, which includes whom thetax is assessed. An excise, on the
those which are assessed upon the property, other hand, is of a different character. It is
person. business, income, etc.• at those who based on Dorule of apportionment or equality
pay them i and indirect, or those which are whatever. It is a fixed. absolute, and direct
levied. on commodities before they reach the charge laid on merchandise, products, or
consumer. and are paid by those upon whom commodities, without any regard to the
tbey ultlmat.ly fall. not .. taxes. but as part amount ot property belonging to those on
of the market price ofthecommodity. Cooley, whom it may fall, or to any supposed relation
Tax'n,6. uetween money expended for a public obje~t
A1LDIOT.LAW-73
TAX-DEED 1154 TAXATION

N a.ud 8 epacial benefit occasioned to those by eometlmes calJed lItaxables ;" so property
whom the charge i8 to be paid. 11 Allen. which may be assessed for tnxation is said to
274. be taxable.
Ap plied to costs in an action, the word
o Ii
TAX-DEED. The conveyance given upon
sale of lande mndo for non-payment of tax-
es; the deed whereby the officer of the law
m eans proper to be taxed or charged up; le-
gally chargeable or Kssessable.
undertakes to convey the title of the propria-- TAXARE. Lat. '1'0 rate or value. Cal·
tor to the purchaser at the tax-sale. yin .
P TAX-LEVY. The total sum to be raised
To tax; to lay a tax or tribute. Spelman.
In old English practice. , To assess; to
by a tax. Also the hill. enactment, or meas-
nre of legislation by which an annual or gen- rate or estimate; to moderate or r eg Ulate an
eral tax is imposed. asseSS U'lent or rate.
TAXATI. In old European law. Soldiers
Q in TAX-LIEN. A statutory lien. existing
favor of the state or municipality, upon of a garrison or fleet . assigned to a certain
the lands of a person charged with taxes, station. Spelman.
binding the same eiLher for the taxes assessed TAXATIO . Lat. In R oman law. Tax·
upon the specific tract of land or (i n some ation or assessment of damages; the assess·
R jurisdictions ) for all the taxes due from the ment, by the judge, of the amount of dam-
individual, and which may be foreclosed for ages to be awarded to a plaintiff. and partic·
non- payment, by judgment of a court or sale ularly in the way of reducing the amount
of the land. claimed or sworn to by the laLter.
S TAX-PAYER. A person chargeable with TAXATIO ECCLESIASTICA. The
a tax; one from whom government demands valuation of ecclesiastical benefices miu.le
a pecuniary contribution towards its sup· through every diocese in England. on occa·
port. sion of Pope Innocent IV. grantillg LO Kil lg
r TAX-PAYERS' LISTS. 'Vritten ex-
hihits required to be made out by th e tax-
Henry 111. the ttmth of all spirituals for three
years. This laxation was first matle by
payers resident in a district, enumerating all ·W alter, bishop of Norwich, delegated by the
th ~ property owned by them and subject to
pope to this office in 38 Hen. IlL. and hence
taxation, to be handed to the assessors, a.t a called H1'axatio NOTwicencis." It is also
specified date or at regular periods, 85 a basis called !lPope Innocent's Valor." Wharton.
for assessment and valuation. TAXATIO EXPENSARUM. In old
TAX PURCHASER. A person who English practice. Taxation of COAtS.
buys land at a tax-sale; the person to whom
TAXATIO NORWICENSIS. A valu·
land, at a tax-sale thereof. is stru ck down. ation of ecclesiC\stical benefices made t hrough
TAX-SALE. A Bale of land for unpaid every diocese in England, by ·W alter, bishop
taxes; a sale of property. by authority of law, of Norwich, delegated by the pope to this
for the collection of a tax assessed upon it. or office in 3~ Hen. III. Cowell.
upon its owner, which remains unpaid. TAXATION. The imposition of a tax;
TAX·TITLE. The title by whieh one the act or process of imposing and levyil1g a
'c\otds land which he purchased at a tax-sale. pecuniary charge or enforced contribution,
That species of title which is inaugurated by ratable, or proportion ed to value or some
Il successful bid for land at a collector's sale other standard, upon persons or property. by
J>f the sa me for non-payment of taxes, cooo- or on behalf of a government or one of ite
{)leted by the failure of those entitled to ra- divisions or agencies, for the purpose of pro-
Jeem within the speCified time, .\Od evidenced viding r even ue for the maintenance and ex.
by the deed executed to the tax purchaser. or penses of govornment.
his aSSignee, by the proper officer. The term" taxation, "both in common pnl"lance
and in the laws of the several states. has been or-
TAXA. L. Lat. A tax. Spelman. dinarily used, not to express the idea of the sov·
In old records. An allotted piece of work; ereign power which is exercised, but the ex.erciSE:
of that power for a particular purpose, viz., to
a task. raise a revenue for the general and ordinary ex-
penses of the government, whether it be the state,
TAXABLE. Subject to taxation; liable
county. town, or city governmenL But there b
to be assessed. along with others, for a share another class of expenses, also of a publio nature,
In a tax. Persons :iuoject to taxation are necessary to be providcd for, peculiar to the local
TAXATION 1155 TEGULA

government of counties. cities. towns, and even TAXING POWER. The po".r ~f an,
smaller subdivisions, sucb as opening, grading, government to levy taxe8.
improving In 'f'arious ways, and repairing, high-
ways and streets, and constructing sewers in cit- TAXT-WARD. An annual payment
lCS, and canals and ditcbefi for the purpose of
drainage in the country. 'l'bey are generally of made to a superior in Scotland, instead of
peculiar local benefit. These burdens have al- the duties due to him under the tenure of
wa.ys, in every state, from Its first 8ettlemen~ ward-holding. Abolisbed. 'Vharton.
been charged upon the localities benefited, and
have been apportioned upon various principles; TEAM, or THEAME. In old English
but, whatever principle of apportionment bas been law. A royalty or privilege granted, by
adopted, they have been known, both in the legis-
lation nod ordinary speech of the country. by the
royal charter, to a lord of a manor, for the
name of "assessments." Assessments have aleo, having. resiraining, and judging of bond-
very generally, if not always, been apportioned men and villeins, with their children, goods,
upon principles different from those adopted in and chattels. etc. Glan. lib. 5, c. 2.
"taxation, n in the ordinary sense of tbat tCt'lUj
and anyone ca.n see, upon a moment's reHection , TEAM. Within the meaning ot an ex-
that the apportionment, to bea.r equally, and do
substantial justice to all parties, must be made emption law. a "team" conSists of e~ther one
upon a dlJlerent principle from that adopted in or two horses. with their harness and the
"taxation, " 80 called. 28 Cal. 856. vehicle to which they are customarily at.
'l'he differences between taxation and taking tached for use. 82 Barb. 291; 31 N. Y. 655
property in right of eminent domain are that tax-
ation exacts money or services from indIviduals, TEAM WORK. Within the meaning 01
08 and for their respective shares of contribution
to anypubUc burden; while private property taken an exemption law, tllis term means work
for public use, by right of eminent domain, is done by a team as a substantial part of B
taken, not as the owner's share of contribution to man 's business; as in farming, staging, ex-
a publlc burden, but as so much beyond bis share, press carrying, drawing of freight, peddling,
and for which compensation must be made. More-
over, taxation operates upon :lcommunity, or upon or the transportation of material used or
a cla.ss of persons in a community. and by sowe dealt in as a business. 49 Vt. 375.
rule of apportionment; whUe eminent domain
operates upon an individual, and witbout refer· TEAMSTER. One who drives horses in
ence to the amount or value exacted from aoy a wagon for the purpose of carrying gooUs
other individual, or class of individuals. 4, N. Y . for hire. He is liable as a common carrier.
<19. Story, Bailm. ~ 496.
TAXATION OF COSTS. In practice.
TECHNICAL. Delonging or peculiar to
The process of ascertaining and charging up
an art or prof~sslon. Technical terms are
the amount of costs in an action to which a
ireq uently called in the books "words of
party is legally entitled, 01' which are lega!\y art. It
chargeable. And, in English practice, the
process of examining the items in an attor. TECHNICAL MORTGAGE. A true
ney's bill of costs and making the proper and formal mortgage, as distinguished from
deductions, if any. other instruments which, in some resp{~cts.
have the character of equitable mortgages.
TAXERS. Two omcers yearly chosen 'In
50 Md. 514.
Camuridge, England. to see the true gauge
of all the weights ,lOd measures. TEDDING. Spreading. Tedding gras.
is spreading it out after it is cut in the
T A X I N G DISTRICT. The district
s \VaLli. 10 East, 5.
throughout which a particular tax or assess·
men t is ratably apportioned and levied upon TEDING-PENNY. In old English law.
the inhabitants; it may comprise the whole A small tax or allowance to the sheriff from
state, one county, a city. a ward. or part of each tithing of his county towards tile cbarge
a street. of keep ing courts. etc. Cowell.
TAXING MASTERS. Officers of the TEEP. In Hindu law. A note of handj
EngliRh supreme court, who examine and al· a prom issory n ote given by a native banker
low or disallow items in bills of costs. or money-lender to zemindars and others, to
enable them to furnish govemment with Be-
TAXING OFFICER. Each bouse of curity for the payment of their rents.
parliament bas a taXing officer, whose duty Wharton.
it is to Lax the costs incurred by the promot-
ers or opponents of private billa. May, TEGtTLA. In the civil law. A til•.
Pari. Pr. 843. Dig. 19, I, 18.
TEIND COURT 1156 TEMPLE

N TEIND COURT. In Scotcb law. A books of their receipts and payments, which the)
deliver to the lord treasurer. Cowellj Jacob.
court which bas jurisdiction of matters relat-
Ing to teinds, or tithes. TELLERS IN PARLIAMENT. In
the language of parliament, the" tellers IJ are
o TEIND MASTERS.
tithes.
Those entitled to
the member~ of the house selected to count
the members when a di vision takes place.
TEINDS. In Scotch 18 W. A. term cor~ In tbe house of lords a division is effected by
responding to tith.s (g. ~.) In English eccle- the "non-contents" remaining witbin the
liaaticnl law. bar, and the "conlents" going below it. a
p TEINLAND. Sax. In old English law.
teller being apPOinted for each party. In the
commons the u ayes " go intotbe lobuy at one
Land of a thane or Saxon noule; land gra.nted
end of the house, and the "noes" into the
by the crown to a thane or lord. Cowell ; 1
lobby at the other eud, the house itself being
Reeve. Eng. Law. 5. perfectly empty, and two tellers being ap-
Q TELEGRAM. A telegraphic dispatch; pOinted for each party. May, ParI. Pr.j
Brown.
a message sent by telegraph.
TELEGRAPH. In the English telegraph TELLIGRAPHUM. An Anglo-Saxon
act of 1863. the word is defined as tin wire or charter of land. 1 Reeve, Eng. Law, c. 1,
R wires used for the purpose of telegraphic p.10.
communication. with any casing, coating. TELLWORC. That labor which a ten~
tube, or pipe inclosing the same. and any ap- ant was bound to do for his lord for a cer.
paratus connected therewith for the purpose tain number of days.
S of telegraphic communication. II St. 26 & 27
TEMENTALE, or TENEMENTALE ..
Viet. e. 112, § 3.
A tax of two shillings upon every plow~land;
TELEGRAPHIlE. Written evidence of a decennary.
things paBt. Blount.
'PEMERE. Lat. In the civil law. nash-
r TELEPHONE. In a general sense, tbe
name "telephone" applies to any instrument
ly; inconSiderately. A plaintiff was said
teme1'e litigaTe who demanded a thing out
or apparatus wbich transmits sound beyond of malice, or saed without just canse. and
the limits of ordinary audibility. But, since who could show no ground or cause of action.
the recent discoveries in telephony, th e name Brissoniu9.
1s technically and primarily restrictf'd to an
TEMPEST. A v!olent or furious stormj
instrument or device which transmits sound
a current of wind rushing with extreme vl(\~
by means of electriCity and wires similar to
lence, and usually accompanied with rain Ot
telegraphic wires. In a secondary sense.
snow. See 29 U. C. C. P. 84.
however, being the sense in which it is most
commonly understoocl, the word "telepbone" TEM.PLARS. A religious order 01-
constitutes 8 generic term, baving reference knighthood. instituted about the year 1119.
generally to the art of telephony as an insti- and so called because the members dwelt in
'tltion, but more particularly to the appara~ a part of the temple of Jerusalem, and not
tUB, as an entirety, ordinarily used in the far from the sepnIcer of OUf Lord. Theyen-
transmission, as well as in the reception. of tertained Christian strangers and pilgrims
telephonic messages. 105 Ind. 261, I) N. E. charita.bly, and their profession was at first
Hep. 178. to defend travelers from high waymen andl
robhers. Tbe order was suppressed A. D.
TELLER. One who numbers or counts.
1307. and their substance given partly to the
An oflicer of R bank who receives or pays
knights of St. John of Jerusalem, and partly
out money. Also one appointed to count the
to other religious orders. Brown.
votes cast in a deliberative or legislative as--
sembly or other meeting. The name was TEMPLE. 'fwo English inns of COlll't,
also gl ven to certain officers formerly attached thus called because anciently tho dwelling
to the English exchequer. place of the Knights Templar. On the
The teller ill a considerable omcer in tho excheq- suppr(>ssi on of the order, they were pur·
uer, of which officers there are four, whose office chased by some professors of the common
Is to receive all money due to the king, and to give
the clerk of the pells a bill to charge him there-
law, and converted into hospitia or inns 01
with. They also pay to all persons any woney court. They are called the "Iuner" and,
payable by the king, and make weekly und yearly U Miudle Temple," in relalion to Essex House,.
TEMPO HAL LOHDS 1157 TENANT

whIch w.. also a part of the bou.e at the Tempus eu!m modus tollendi obllga-
Templars, and called the UOuter Temple," tlones et actiones, quia tempus currit
because situated without Temple Bar. Ene. contra desides et sui juris contemptores,
Land. For time is a means of destroying obligations
and actions. because time runs against the
TEMPORAL LORDS. The peen of slothful and contemners of tbeir own rights.
England; the bishops are not in strictness Fleta, I. 4, c. 5, § 12.
beld to be peers, but merely lords of parlia·
ment. 2 Steph. Comm. 330, 345. TEMPUS SEMESTRE. Lnt. In old
English law. The period of six months or
TEMPORALIS. Lat. In the cIvil law. half a year, consis Ling of one hundred and
Temporary; limited to a certain time. eighty.two days. Cro. Jac. 166_
TEMPORALIS ACTIO. Lat. An ac- TEMPUS UTILE. Lat. In the civil
tion which could only be brought within a law. A profitable or advantageous period of
certain period. time. A term which begins to run from a
certain event, only when be for wh om it runs
TEMPORALIS EXCEPTIO. Lat. A
has obtai ned a knowledge of the event, and
temporary exception which barred 80 action
in which. when it has once beg un to run,
tor 8 time only.
those days are not reckoned on which one has
TEMPORALITIES. In English law. no experi'Undi potestas; i. e. , on which one
Th. lay fees at bIshops, with which thei r cannot prosecule his rights before a court.
churcbes arB endowed or permitted to be en- Dig. 3, 6, 6; Mackeld. Hom. Law. § 195.
dowed by the liberality of the sovereign, and
in virtue of which they become barons and TENANCY is the relation of 8 temmt to
lords of parliament. Spelman. the land which he holds. Hence it signifies
(I) the estate of a tenant, as in the expres-
TEMPORALITY. Th. laIty; aecular sions "joint tenancy." "tenancy in common;"
people. (2) the term or interest of a tenant for years
or at will. as when we say that a lessee mus~
TEMPORARY. That whIch is to last remove his fixtures during his tenancy.
for a limited time only. as distinguished from Sweet.
that which is perpetual, or indefinite, in its
duration. TENANCY, JOINT. Se. JOINT TEN-
ANCY.
TEMPORE. Lat. In the time of. Thus,
the volume called "Cases tempore Holt" is a TENANT. In the broadest sense, one
colJ eclion of cnses adjudged in the king's who balds or po sscss~ s lands or tenements by
bench during the time of Lord Holt. Wall. any kind of right Ol' tiLle, wh ether in fee, for
Rep. 398. life, for years, at will, or otherwise. Cowell.
In a more restricted sense, olle who balds
TEMPORIS EXCEPTIO. Lat. In the lands of another; one who has the temporary
civil law. A pl~R of time; a plea at lapse of use and occupation of real property owned
time, in bar of an action. Corresponding to by another per:;on , (called the "landlord, I!)
the plea of prescription, or the statute of the duration and terms of his tenancy being
limitations, in our law. See Mackeld. Rom. usually fixed by an instrument called a
Law, § 213. "lease. I!
TEMPUS. Lat. In tile civil and old En- 'l'he word " tena.nt " conveys a much more com-
prehensive idea in the langua.ge of the law than it
glish law. Timein general. A time limited; does in its popular sense. In popular language it
a season j e. g., tem.pus pessonis, mast time is used more particularly as opposed to the word
in the forest. "laDdlord," and always seems to imply that tho
la.nd or property is not the tenant's own, but be-
TEMPUS CONTINUUM. Lat. In the longs to some other person, of whom he immedi-
civil law. A continuous or absolute period ately holds it. But, in the language of the law,
every possessor of landed property is called a "ten-
of time. .A ter m which begins to run from ant" with re'!erence to such property, and this,
a certain event, even though he for whom it whether such landed property is absolutely his
runs has no knowledge of the event, and. in own, or whether he merely holds it under a lease
which. when it has once begun to run. all for a certain number of years. Brown,
the days are r eckoned as they follow one an- In feudal la.w. One who holds ot an..
other in the calendar. Dig. 3, 2, 8; Mackeld. other (called" lord" or .. superior" ) by some
Rom. Law, § 195. service j as fealty or rent.
TENANT 1158 TENANT IN TAIL

N One who has actual possession of lands TENANT FROM YEAR TO YEAR.
claimed in suit by anotherj the defendant in One who holds lands or tenements under the
a real action. The correlativa of "demand- demise of another, where no certain term ha~
ant. .. 3 Bl. Camm. 180. been mentioned, but an annual rent has been
Strictly s peaking. a "tenant" is a pet;son reserved. See 1 Steph. Comm. 271; 4 Kent,
O who holds land; but the term Is also applied Camm . 111, 114.
by analogy to personalty. Thus we speak One who holds over, by consent given
of a person being tenant for liCe, or tenant either expressly or constructively, after the
in com mon, of stock. Sweet. determination of a lease for years. 4 Kent,
p TENANT A VOLUNTE. L. Fr. A
Camm. 112.

tenant at will. TENANT IN CAPITE. In feudal and


old English law. Tenant in chief; one who
TENANT AT SUFFERANCE. One held immediately under the king, in right of
1\ that comes into the possession of Jand by Ia w- his crown and dignity. 2 HI. Comm. 60.
'l tul title, but holds over by wrong, after the
determination of his interest. 4 K ent, Corom. TENANT IN COMMON. Tenants in
116; 2BI. Camm.150. common are generally defined to be such as
hold the same land together by several and
TENANT AT WILL "Is where lands
distinct titles, but by unity of possession,
Ror ten ements are let by one man to an other.
because nODe knows his own sev eralty , and
to bave and to hold to him at the will of the
therefore they all occupy promiscuously. 2
lessor. by force of which lease the lessee is in
BI. Camm. 19l.
possession. In this case the lessee is called
A tenancy in common is where two or
.tenant at will,' because he hath no certain
S nor sure estate, for the lessor may put him
more hold the same land, with interests ac~
cruing under different titles, or accruing
out at what time it pleaseth him." Litt. § 68;
under the same title, but at different periods,
Sweet.
or conferred by words of limitation import-
TENANT BY COPY OF COURT ing that the grantees are to take in dist inct
T ROLL (shortly. "tenant by copy") is the shares. 1 Stepb. Camm. 323.
old-fashioned name for a copyholder. Litt.
TENANT IN DOWER. This is wIl er.
§ 73. the husband of a woman is seised of an estate
TENANT BY THE CURTESY. One of inheritance and di es; in this case the wire
who. on the death of his wife seised of an shall have the third part of all the lands and
estate of inheritance. after having by her is- tenements whereof he was seised at any time
lue born alive and ca pabl e of inh eriting lJer during the coverture, to hold to herself for
es tate. hold s the lands and t enements for the life. as her dower. Co. Litt. 30; 2 BI. Comm.
term of his life. Co. Litt. aOa; 2 BJ. Comm. 129.
126.
TEN A NT IN FEE-SIMPLE, (or
TENANT BY THE MANNER. One TENANT IN FEE.) rre who has lands,
who has a less estate than a fee in land which tenements. or hereditaments, to hold to him
remains in t.he reversioner. He is 80 called and his heirs f orever, generally. absolu tely,
because in avowries and other pleadin gs it is and simply; without mentioning what heirs,
speci ally shown in what manner he is t enant but referring that to his own pleasure. or to
of the hmd. in contradistinction to the vel'ay the disposition of the law. 2 BI. Comm. l04 ;
tenant, whois called simply "tenant." Ham. Litt. § l.
N. P. 393.
TENANT IN SEVERALTY is be
TENANT FOR LIFE . . One who hold. whQ holds lands and ten ements in his own
lands or tenem ents for the term of bis own right only. witl10ut any other person being
life. or fot that of a ny uther person. (in joined or connected with him in point of
whicb case he is called "pur auter Vie.") or for interest d uriug his estate therein. 2 Bl~
more lives than one. 2 Bl. Comm. 120. Comm. 179.
TENANT FOR YEARS. One ' vha ha. TENANT IN TAIL. One who holds an
the temporary· use and poss{':ssion of lands or estate in fee-tail, that is, an estate which, by
tenements not his own, by virtue of a lease the instrument creating it, is limited to some
or demise granted to him by the owner, for particular heirs. exclusive of others; as to
a determinate period of time. as for a year or the heirs ot his bod y or to Lhe heirs, male or
a fixed number of years. 2 BI. Comm. 140. female, of his body.
TENANT IN TAIL. ETC. 1159 TENDER

TENANT IN TAIL AFTER POSSI. tail In remainder was unable to bar the en·
BILITY OF ISSUE EXTINCT. See tail without the concurre nce of Lbe tenant fOI
TAIL AFT1~R PosSmILITY, etc. life, because a common recovery cou1d only
be sulfered by the person seised of the lanu.
TEN ANT IN TAIL EX PROVISIONE
In such a. case, if the tenant for life wished
VIR!. 'Vbere an owner of lands, upon or
to concur in barring the entail, he usually
previously to marrying a wife, settled lands
conveyed his life-estate to some other per50n.
upon himself and his wife, and the heirs of
in order that the prrecipe in the recovery
their two bodies begotten, and then died, the
might be issued against the latter, wbo was
wife, as survivor, became tenantin tail oftha
thprefore called the II tenan t to the prrecipe."
husband's lands, in consequence of the hus-
\ViIliams, Seis. 169: Sweet.
band's provision, (ex provisione 'ViTi . )
Originally. she could bar the estate·taillike TENANT'S FIXTURES. This phrase
any other tenant in tail; but the husuanu's signifies things which are fixed to the free-
intenlion having been mendy to provide for hold of the demised premises, bnt which the
her during her widowhood, and not to enable tenant may det<lch and take away, provided
her to iJar his children of their inheritance, be does so in season. 4 Gray, 256, 270.
she was very early restrained from 80 doing, TENANTABLE REPAIR. Such e r ..
by the statute 32 Hen. VII. c. 36. Brown. pair as will render a bouse fit for present
TENANT OF THE DEMESNE. On. babitation.
who is tenant of a mesne lord: as, where A. TENANTS BY THE VERGE "ar. in
is tenant of B., and C. of A., B. is the lord, the same nature as tenants by copy of court
A.. the mesne lord, and C. tenan t of the de- roll, [t . e., copyholders.] But the reason wby
mesn.. Ham. N. P. 392. 393. they be called' tenants by the verge' is for
TENANT PARAVAILE. Th. under. that, when they will s urrender their tene-
tenant of land; that is, the tenant of a tenant; ments into the hands of their lord to the use
one who held of a mesne IOl'd. of another,' they shall have a little rotI (by
the custome) ill their hand, the which they
TENANT·RIGHT. 1. A kind of cus· shall deliver to the steward or to the bailife.
tomary estate in the north of England, fall_ * .. .. and tl1e steward or bailife, accord-
ing under the general class of copyhold, but ing to the custome, shall deliver to him that
distinguished from. copyhold by many of its taketh the land the same rod, or another 1'0<1,
incidents. in the name of seisin; and for tbis cause
2. The so-called tenant-right of renewal they are called' tenants by the verge,' but
is the expectation of a lessee th,~t his lease they have no other evidence [tiLle-deed] but
will be renewed. in cases wbere it is an hy copy of court roll." Litt. § 78; Co. Litt.
established practice to renew leases from 6Ia.
time to time, as tn the case of leases from
TENCON. L. Fr. A dispute; • quar.
the crown, from ecclesiastical corporations,
reI. Kelham.
or other collegiate bodies. Strictly speak-
ing, there can be no right of renewal against TEND. In old English I. w. To tender
the lessor without an express compact by or offer. Cowell.
him to that effect, though the existence of TENDER. An offer of money; the act
the custom often inJiuences the price in by which one produces and offers to a person
sales. holding a claim or demand aga.inst him the
3. The Ulster tenant-right may be de- amount of money which be considers and ad.
scribed as a right on the tenant's part to miLs to be due. in satistaction of such claim
sell his holding to the highest bidder. sulJ- or demand. without any stipulation or COll-
ject to the existing or a reasonable increase dition.
of rent from time to time, as circumstances Tender, in pleading, is 8 plea by defend-
may require, with a reasonable veto reserved ant that he bas been always ready to pay thp
to the landlord in respect of the incoming debt demanded. and before the commenc&-
tenant's character and solvency. Mozley & LUent of the action tendered it to the plain-
Whitley. tiff, and now brings it into court ready to be
TENANT TO THE PRlECIPE. Be· paid to him. etc. Brown.
fore the English fines and recoveries act, if Legal tender. Money is said to be legal
Jand was conveyed to a person for life with tender when a creditor cannot refuse to ac-
remainder to another in tail. t·.Je tenaut in cept it in payment of a debt.
TENDER OF AMENDS 1160 'IENNE

N 'I'ENDER OF AMENDS. An otl'er by TENENDUM. Lat. To bold; to be


a persol! who has been guilty of aoy wrong holden. The name of that formal part ot a
or breut:h of contract to pay a sum of money deed which is characterized by the words "to

o by way of amends. If a defendant in an ao-


tion make tender of amends, and the plain-
tiff decline to accept it, the defendant may
hold." It was formerly used to express the
tenure by which the estate granted was to be
heldj but, since all freehold tenures have
pay the money into court. and plead the pay· bpen converted into socage. the ten6ndum is
ment iuto court as a satisfaction of tlie plain- of no fUrther use, add is therefore joined in
tiff' s claim. Mozley & Wbitley. the habendum, - "to have and to hold."
p TENDER OF ISSUE. A form of
2 Bl. Comm. 298; 4 Cruise, Dig. 26.

words in a pleading, by which a party offers TENENS. A tenant; the defenrtant 1n a


to refer the question raised upon it to theap- real action.
propriate mode of decisio n. The common TENENTIBUS IN ASSISA NON
Q tender of an issue of fact by a defendant is ONERANDIS. A writ tbat formerly lay fur
expressed by the words. "andor this he puts bim to whom a disseisor had alienated the
himself upon the country." Steph. Pl. 54. land whereof he disseised another, that he
230. should not be mol ested in assize for damages,
if the disseisor bad wherewith to satisfy
R acceptation,
TENEMENT. This term. In its vulgar
is only applied to houses and
them. Reg. Orig. 214,
other buildings, but in its original. proper, TENERE. Lat. In the civil law. To
and legal sense it signifies everything that hold; to hold fast; to have in possession; to

s may be holden. provided it beof a permanent


nat ure. whether it be of a substantial and
l!Iensible, or of an unsubstantial, ideal, k"ind.
retain.
In relation to the doctrine or possession, thie
term expresses merely the fact of manual deten-
Thus. liberum tenementum, frank tenement, tion, or the corporal possession of any object,
without involving the question of title; while
or freehold, is applicable not only to lands habere (and especially p088idere) denotes tl:.e
r and other solid objects, but also to offices,
r ents, commons, advowsons. franchises.
maintenance of possession by a lawful claim; t. e.,
cf.vtL possession, as distinguished from mere nat-
ura~ possession.
peerages, etc. 2 BI. Comm. 16.
I"£enement" is a word of greater extent TENERI. The Latin name for that clallse
than "land." including not only land, but in a bond in which the obligor expresses tbat
rents. com mOllS, and several other rights and he is "held and firmly bound" to the obligee,
interests issuing out of or concerning land. his hei rs, etc.
1 Steph. Comm. 158, 159.
Its original meaning, according to some, was TENET; TENUIT. Lat. He holds; he
"house lIor "homestead. It Jacob. In modern use 1\ held. In the Latin forms of the writ 01
also signifies rooms let in houses. Webster. waste against a t enant. these words intro.
duced the allegation of t enure. If the ten-
TENEMENTAL LAND. Land distrib- ancy still existed, and recovery of the land
uted by a lorel among his tenants. as opposed was sought, the former word was used, {and
to the demesnes wbich were occupied by him~ the writ was said to be "in the tenet."} If
l!Ielf and his servants. 2 HI. Comm. 90. the tenancy had already determin ed, the lat·
ter term was used. (tbe writ being described
TENEMENTIS LEGATIS. An ancient as .. in the tenuit,") and tben damages only
writ, lying to the city of London. or any were sought.
other corporation. (where the old custom was
that men might devise by will lands and TENHEDED, or TIENHEOFED. In
t enemen ts, as well as goods and chattels.) for old English law. A dean. Cowell.
the hearing and determining any controversy
TENMENTALE. The number of ten
toucbing the same. Reg. Orig. 244.
men, which number, in the time of the Sax.
TENENDAS. In Scotcb la IV, The name ons. was called a "d~cenllary;" and ten decen~
of a clause in charters of heritable right3, naries made what was called a "hundred."
which derives its Ilame from its first words. Also a duty or tribute paid to the crown,
"tenendas prcediccas terras;" it points out consisting of two shillings for each plow.
the superior of whom the lands are to be land. Enc. Lond.
holden, and expresses the particular tenure. TENNE. A term of heraldry, meaning
Ersk. Inst. 2. 3, 24. Ql-allf£e color. In engravjngs it sbould ue
TENOR 1161 TENUUE

represented 1.,y lines in bend sinister crossed In English ecclesiastical law. The
by others bar-ways. Heralds who blazon by tenth part ot tho annual rrofit ot every liv~
tho names of t11e be-a venly bodies. call it lng in the kingdom, formerly paid to the
"dragon's head." and those who employ pope, but by statute 26 Hen. VIII. c. 3,
Jewels, Ujncinth." It is one of the colors transferred to the crown, and afterwardlt
called "stainand." ViharLon . madea part of the fund called "Queen Anne's
Bounty." 1 Bi. Comm. 284-286.
TENOR. A term used in pleading to de-
note that an exact copy is seL out. 1 Chit. TENUIT. A term used in stating tile
Crim. Law, 235. tenure in an action for waste done after the
By the tenor of R deed, or other instru- termination of the tenancy. See TENET.
ment in writing, is Signified the matter coo- TENURA. InoJdEnglishiaw. Tenure.
tained therein. accol'ding to the true intent
and meaning thereof. Cowell. Tenura est pactio contra communem
"Teuor." in pleading a written instru- feudi na.turam ac rationem, in con-
ment, imports that the very words are set tractu interposita. Wright, Ten. 21.
out. "rurport" does not import this, but is Tenure is a compact contrary to the common
p.quivfllent only to "substance," 5 Blackf. nature and reason of tbe fee, put into a COD-
458; 1 Gush. 46: 5 Wend. 271. tract.
The action of proving the tenor, in Scot- TENURE. Tbe mode or system of bold·
land, is an action for proving Lhe contents ing lands or tenements in subordination to
Bud purport of a deed which bas been lost. some su~erior, which, in the feudal ages, was
Bell. the h'ading characteristic of real properLy.
In chancery pleading. .A certified copy Ten lire is the direct result of feudalism,
of records of other courts removed into chan· wh ich .:separated the dominium directum.
eery by certiora1·1. Gres. Eq. Ev. 309. (the dominion of the soil.) which is placed
mediately or immediately in the crown, from
Tenor est qui legem dat feudo. It is
the dominiu11l utile, (the possessory title,)
the tenor [of the feudal grant] which regll·
the rigllt to the use and profits in the eoil.
lates its effect and extent. Craigius, Jus
designatad by the term "seisin," which is
Feud. (3d Ed.) 66; Broom, Max. 459.
the highest interest a subject can acquire.
TENORE INDICTAMENTI MIT- Wharton.
TENDO. A writ wbereby the record of an Wharton gives the following llst of tenures
indictment, and the process thereupon, was which were ultimately developed:
called ont of another court inlo tbe queen's LAy TENunES,

bench. Reg. Orig. 69. I. Frank tenement, or freehold. (1) The mili-
tary tenures (abolished, except grand serjeanty,
TENORE PRlESENTIUM. By tbe and reduced to free socage tenures) were: Knight
tenor of these presents, i. e., the matter con· service proper, or tenure in chivalry; grand scr-
joonty; cornage. (2) Free socage, or plow-serv-
tuined th~rein, or ratller the intent and mean· ice; either petit scrjeanty, tenure in burgage, or
ing thereof. Cowell. gavelkind.
n. Villeinage. (1) Pure villeinage, (whence
TENSERIlE. A Bort of ancient tax or copybolds at the lord's [nominal] will, which is
military contl:ibution. Wharton. regulated according to custom.) (2) Privileged
villeinage, sometimes caUed "villein socnge,"
TENTATES PANIS. The essay or as- (whence tenure In ancient demesne, which is an
aay of bread. Blount. exalted species of copyhold, beld according to cus-
tom, nnd not according to the 101'd'H will,) and is
TENTERDEN'S ACT. In English law. of three kinds: Tenure inaDcientdemesne; priv-
The statute 9 Geo. IV. c. 14, taking its ileged copyholds, customary freehold&, or free
copy holds ; copyholds of base tenure.
name from Lord Tenterden, who procured
SpnuTI].lL TENURES.
Us enactment, which is a species of extell·
sion of the statute of frauds, and reqUires I. Frankalmoigne, or free alma..
n. Tenure by divine service.
the reduction of contracts to writing.
Tenure, in its general senS6, is a mode of
TENTHS. In English law. A tem- holding or occupying. Thus, we speak ot
pordryaid issuing out of personal property, the tenure of an office. meaning the manner
and granted to the king by parliament; for· in which it is held, €'specially with regard to
m'3rly the real tenth part of aU the mov- time. (tenure for life, tenure <1uring good be--
ables belonging to the subject. l.HI. Comm . havior,) and of tenure of land in the sense of
808 . occupation or tenancy, especially with refer-
TENURE BY DIVINE SERVICE 1162 TERMINABLE PROPERTY

N anee to cultivation and questions of political ings subsequent to the summons shall take
economy; e. g., tenure by peasant proprietors. place. 'Vbarton.
cottier!, etc. Sweet. TERM FOR DELIBERATING. By

o TENURE BY DIVINE SERVICE is


where an ecclesiastical corporation, sole or
aggregate, holds land by a certain divine
"term fOI' ,leliberating" is und6[stood tueUm!)
given to the beneficiary heir. to examine it
it be for his interest Lo accept or reject the
service; as, to say prayers on a certain succession whicb bas falhm to him. Civil
day in 6very year. "or to distribute in sImes Code La. art. 1033.
to an hundred poore men an hundred pence
TERM FOR YEARS. An estate for
P at such a day." Litt. § 137. years and the time during which Buch estate
TENURE OF OFFICE. See TENURE. is to be held are each called a "term;" hence
tbe term may expire before the ti me, as by a
TERCE. In ScotcQ law. Dower; a
surrender. Co. LiLt. 45.
widow's right of dower. or a right to a. life-
Q estate in a third part of the lands of which TERM IN GROSS. A term of years is
her husband died seised. said to be either in gross (outstanding) or
TERCER. In Scotch law. A widow attendant upon t·he inheritance. It is out.-
that possesses the third part of her husband's standing, or in gross. when it is unattached
R land, as her legal jointure. 1 Kames, Eq. or disconnected from the estate or inherit-
ance, as where it is in the hands of some
pret.
third party having no interest in the inherit-
TERM. A word or phrase i an expres· ance; it is attendant, wben vested in some
sian; particularly one which possesst!s a fixed trustee in trust for the owner of the inherit-
S and known meaning in some science, art, or ance. Brown.
profession.
TERM OF LEASE. The word "term, , !
In the civil law. A. space of time grant-
wh en used in connection with a lease, means
ed to a debtor for discharging' his obligation.
r Poth. ObI. pt. 2, c. 3. art.~, ~ 1. Civil Code
La. art. 2048.
the period which is granted for the lessee to
occupy the premises, and does not include
the time between the ruakillg of the lease and
In estates. "Term" signifies the bounds, the tenant's entry. 5 N. Y. 463.
limitation, or extent at time for which an
estate is granted; as when a man holds an TERM PROBATORY. The period ot
estate for any Iimiteu or specific number of time allowed to the promoter of an ecclesi-
yenrs, which is called bis "term," and be astical suit to produce his witnesses, Hnd
himself is called, with reference to the term prove the facts on which IH\ rests bis case,
he so holds, the "termor," or "tenant of tue Cuote. Ecc. Pl'. 240, 241.
term. "
TERM TO CONCLUDE. In Engl1sh
Of court. The word "term," \,,"hen used ecclesiastical practice. An appOintment by
with reference to a court. BignHies the space the jl1dge of a time at which both parties are
of time during which the court holds a ses- understood to renounce all further exhibits
sion, A. session signifies the time during
and allegations.
the t erm when the court sits for the trans-
action of busi ness, and tIl e session com- TERM TO PROPOUND ALL
mences when the court convenes for the THINGS. In English ecclesiastical prac-
term, and continues until final adjournment, tice. An appointment by the judge of a
either before or at the expiration of the term. time at which both parties are to exhibit all
The te7'm of the court is the time prescribed the acts and instruments whi ch make for
by law during which it may be in session. their respective cuuses.
The session of the court is the time of its
actual sitting. 19 Tex. App. 433. TERMES DE LA LEY. Terms of the
law. Tbe name of a lexicon of the law
TERM ATTENDANT ON THE IN- French words and other technicalities of legal
HERITANCE. See ATTENDANT TERMS. language in old times.
TERM FEE. In English practice. A TERMINABLE PROPERTY. Tbl.
certain sum which a solicitor is entitled to name is sometimes given to property of sucb
charge to his client, and the client to recover, a nature that its duration is not perpetual or
if successful, from the unsuccessful pa.rty; indefinite, bu t is Ii mited or liable to terrn i-
payable for every term in which any proceed- nate upon tbe happening of an event or Lile
TERMINATING. ETC. 1163 TERRA MANENS. ETC.

expiration of a fixed term; ,.1/., a leasehold, TERMINUS JURIS. In Engllsh ec-


a life~annuity, etc. clesiastical practice. Tl.e time of OIle or twc
years, allowed by law for the determination
TERMINATING BUILDING SOCI- of appea.ls. Hallifax, Civil Law, b. 3, c. 11.
ETIES. Societies. in England, where the no. 88.
members commence their monthly contribu..
tions on a particular day, and conti n U6 to TERMOR. ne that holds lands or ten-
pay them until the realization of shares to a ements for a term of years or life. Bnt we
given amount for each member, by the ad- generally confine the application of the word
van ce of the capital of the society to such to a person entitled for a term of yean.
members as required it. and the payment of Mozley & Whitley.
Interest as well as principal by them. so as to TERMS. In the law of contracts. Con·
insure such realization within a given peri- ditions; propositions sb,ted or promises
od of sears. They have been almost super- made which. when assented to or accepted by
seded by permanent buildi ng societies. another. settle the contract and bind the par-
Wharton. tIes. Wehster.
TERMINER. L. Fr. To determine. TERMS, TO BE UNDER. A party Is
See OY1m AND TERMINER. said to be under terms when an indulgence
TERMINI. Lat. Ends; bounds; limit- is granted to him by the court in its discre-
Ing or terminating points. tion, on certain conditions. Thus, when an
injunction is granted ex parte, the party ob-
TERMINO. In Spanish law. A com- taining It is put under tenns to abide bysnch
mon; common laud. Common because of order as to damages as tbe court may make
vicinage. \Vhite, New Recap. b. 2, tit. 1, c. at the hearing. Mozley & Whitley_
6, § 1, note. TERRA. Lat. Earth; soil; arablelunei.
TERMINUlIl. A day given to a defend- Kennett, Gloss.
aot. Spelman. TERRA AFFIRlIlATA. Land let to
TERlIlINUM QUI PRE TERIIT, farm.
WRIT OF ENTRY AD. A writ which TERRA BOSCALIS. Woody land.
lay for t.he reversioner. when the possession
was withheld by the lessee, or a stranger, TERRA CULTA. Cultivated land.
after the determination of a lease for years. TERRA DEBILIS. Weak or barren
BrowD. land.
TERMINUS. Boundary; a Jimlt, either TERRA DOMINICA. or INDO MI·
of space or time. NICATA. The demesne land of a manor.
The phrases "terminus a quo" and "te1·· Cowell.
minus ad quem" are used, respectively, to TERRA EXCULTABILIS. Land which
deSignate the starting point and terminating may be plowed. Mon. Ang. l. 426.
paint of a private way. In the case of a
street, road, or railway, eitber end may be, TERRA EXTENDENDA. A writ ad·
and commonly is, referred to as the II termi. dressed to an esciJeator, etc.• that he inquire
nus. " and find out the true yearly value of any
land. etc., by the oat.h of twelve men, and to
Terminus aonorum certus debet esse certify the extent into the chancery. Ueg.
et determinatus. Co. Litt. 45. A term of Writs. 298.
years ought to be certain and determinate.
TERRA FRUSCA, or FRISCA. Fresh
Terminus et feodum non possunt land, not lately plowed. Cowell.
constare simu\ in una eademque per~
Bona. Plowd. 29. A term and the fee can- TERRA HYDATA. Land subject to the
not b oLh be in ODe and the same person at payment of bydage. Selden.
the same time. TERRA LUCRABILIS. Land gained
from the sea or inclosed out of a waste.
TERMINUS HOMINIS. In English
Cowell.
~cclesiasticaJ practice. A time for the deter-
mination of appeals, sborter than tbe termi- Terra manens vacua occupant! con..
nus ju'ris, apPOinted by the jUdge. Hallifax, ceditur. 1 Sid. 347. Land lying unoccupied
Civil Law, b. 3, c. 11, no. 36. is given to the first occupant.
TERRA NORMANORUM 1164 TERROR

N TERRA NORMANORUM. I..and held writ lor a clerk to recover bls lands, goods.
by a Norman. Paroell. Antiq. 197. and chattels, formerly seized. after he bad
cleared himself of the felony of which he was

o TERRA NOVA. Land newly cOllverted


from wood ground or arable. Cowell.
accused, and delivered to his ordinary to be
purged. Reg. Orig.
TERRA PUTURA. Land in forests. TERRIS ET CAT ALLIS TENTIS
held by the tenure of furnJsbing food to the ULTRA DEBITUM LEVATUM. A
keepers therein. 4 Inst. 307. judicial writ for the re!toring of lands or
P TERRA SABULOSA. Gravelly orsandy goods to a debtor who is distrained above the
ground. amount of the debt. Reg, Jud.
TERRA SALICA. In Salle I.... The TERRIS LIBERANDIS. A writ that
land of the house; the land within that in- lay for a man convicted by attaint, to bring
closure which belonged to a German house. the record and process before the king,
Q No portion of the inheritance of Salic land and take a fine for his imprisonment, and
passes to a woman. but this the male sex ac- then to deliver to him his lands and tene-
quires; that is, the 80ns succeed in that in- ments again, and release him of the strip
heritance. Lex Salie. tit. 62. § 6. and waste. Reg. Orig. 232. Also it was a
R TERRA TESTAMENTALIS. Gavel· writ for the delivery of lands to the heir,
after homage and relief performed, or upon
kind land. being disposable by will. Spel.
security taken that he should perform them.
man.
Id. 293.
TERRA VESTITA. Lend sown with
S corn. Cowell.
TERRITORIAL, TERRITORIALITY.
These terms are used to s ignify connection
TERRA WAINABILIS. Tillaole land. with, or limitation with reference to, a par-
CowelI. ticular country or territory. Thus, "terri-
TERRA WARRENATA. !..and that torial law" is the correct expression for the
T has the liberty of free-warren. law of a particular country or state, although
"municipal law" is more common. "Terri-
TERRlE DOMINICALES REGIS. tori al waters" are that part of the sea adja-
The demesne lands of the crOWD. cent to the coast of a given country which is
TERRAGE . In old English law. A by international law deemed to be within
kind of tax or charge on land; a boon or duty the sovereignty of that country, so that ita
of plowing, reaping, etc. Cowell. courts have jurisdiction over offenses com-
mitted on those waters, even by a person on
TERRAGES. An exemption from all board a foreign ship. Sweet.
uncal'tain services. Cowell.
TERRITORIAL COURTS. Tile courts
TERRARIUS. In old English law. A
established in the territories of the United
landholder.
States.
TERRE·TENANT. rre who is literally
TERRITORY. A part of a country sep·
tn the occupation or possession of the land,
as distinguished from the owner out of pos- arated from the rest, and 8ubject to a par-
session. But. in a more technical sense, the ticular jurisdiction.
person who i~ seised of the land. though not In American law. A portion of the
in actua.l occupancy of it. 4 Watts & S. 256; United S'tates, not within tbe limits of any
1 Eden. 177. stale, which bas not yet been admitted as a
state of the Union, but is organized, with a
TERRIER. In English law. A land· separate legislature, and wit.h executive and
roll or survey of land!'!, containing the quan- judicial omcers appointed by the preSident.
tity of acres. tenants' names, and such lIkej
and in the exchequer there is a terrier of all TERRITORY OF A JUDGE. The
the glebe lands in England. made about 1338. terri torial jurisdiction of a judge i the bounds,
In general, an ecclesiastical terrier contaius or district, within which he may lawfully ex·
a detail of the temporal possessions of the ercise his judicial authority.
church in every parisu. Cowell; Tomlins; TERROR. Alarm; fright; dread; the
Mozley & Whitley. state of mind induced by the apprehension of
TERRIS BONIS ET CATALLIS RE· hurt from Borne hostile or threatening event
HABENDIS POST PURGATIONEM. A or manifestationj fear caused by the appear·
TERTIA DENUNCIATIO 1165 TESTAMENTARY

allea of danger. In an Indictment for riot, under the authority of the commissioners 01
it nllist be charged that the acts done were the public records. and contain an account 01
.. to the ten'or of the people." fees held either immediately of the king or
of others who held of theking in capite," fce!
TERTIA DENUNCIATIO. Lat. In
holden in frankalmoigne; serjea.nties hoillen
old EngIish Jaw. Third publication or
of tbe king; widows aml heiresses of ten-
proclamation of intended marriage.
ants i11 capite, whose marriages were in the
TERTIUS INTERVENIENS. Lat. gift of the king; churches in the gift of the
lnthe civil law. A third person intervening; king; escheats, and sums paid for scutages
1\ third person who comes in between the par~ and aids. es'peciaUy within the county of
ties to a suit; one who interpleads. GU· Hereford. Cowell; ·W harton.
bert's Forum Rom. 47.
TESTABLE. A perso n Is said to be test.
TEST. To bring one to a trial and exam· able when he has capacity to make a will; a
Ination, or to ascerta in the truth or the man of twenty·ono years of age aud of sane
quality or fitness of a thing. mi od is testable.
Something by which to ascertain the truth
respecting another th ing. TESTACY. The state or condition of
leaving a will at one's death. Opposed to
TEST ACT. The statute 25 Car. n. C" Uintestacy."
2. whIch directed all ci vii and military offi-
cers to take tbe oaths of allegiance and su- TESTAMENT. A disposition of per·
premacy, and make the declaration against sonal property to take place after the own-
transubstantiation, within six months after er's decease, according to his desire and di·
their admission, and also within the same rection.
time receive the sacrament according to the A testament is the act of last will. clothed
usage of the Church of England, nnder pen- with cert·ain solemnities, by which the testa-
alty of £500 and disability to hold the office. tor disposes of his property. either univer-
4 Bl. Comm . 58. 59 . This was abolished by eally, or by universal title, or by particular
St. 9 Geo. IV. c. 17. so far as concerns title. Civil Code La. art. 1571.
receiving the sacrament. and a new form of Strictly speaking. the term denotes only z
1eclaration was substituted. will of personal property; a will of land nOli
being called a "testament." The word "tes·
TEST ACTION. An action selected out tament" is now seldom used, except in the
of 8. considerable nU1;nber of suits, concur- heading of a formal will. which usually be-
rently depending in the same court. brought gins: "Tllis is the last will aDd testament
by several plainliffs against the same de- of me, A . B.," etc. Sweet.
fendant. or by one plaintiff against different Testament is the true declaration of a man's
defendants, all similar in their circum- last ,vill as to that which he would ha.ve to be
stances, and embraCing the same qu estions, done after his death. It is compounded, accord·
and to be supported by the snme evidenc~ ing to Justinian, from tes tatLo 7nentts: but the
better opinion is that it is a simple word formed
the selected action to go first to trial, (under from the Latin tcstOl', and not a. compound word.
an order of court (>q uivalent to consolida- Mozley & Whitley.
tion,) and its decision to Berve nB a test of
the right of recovery in the others. all parties Testamenta cum duo inter 8e pugnan-
tia reperiuntur, ultimum ratum est; sic
agreei ng to be bound by the result of the test
est, cum duo inter se pugnantia reperi-
action.
untur in eodem testamento. Co. Lilt.
TEST OATH. An oath required to be 112. 'Vhen two conflicting wills are found.
taken as a criterion of the Otness of the per- the last prevails; so it is when two conflict-
Sall to fill a public or political office; but par- ing clauses occur in the same will.
ticularly an oath of fidelity and allegiance
(past or present) to the established govern- Testamenta latissimam interpretatio-
ment. nem habere debent. Jenk. Cent. 81. Wills
ought to have the broadest interpret.1.tion .
TESTA DE NEVIL. An ancient and
:\Uthentic record in two volumes. in the cus- TESTAMENTARY. Pertaining to a
tody of the queen's remembrancer in the ex- will or testamentj as testamentary causes.
chequer, said to be compiled by John de Derived from. founded on, or appointed by
Nevil. a justice itinerant. in the eighteenth a testament or willi as a testamentary guard-
and twenty. fourth years of Henry III. Cow· ian, letters testamentary. etc.
all. These volumes were printp.d in 1807. A paper, instrument, document, gift, ap--
TESTAMENTARY CAPACITY 1166 TESTATUM

N pOin tment. etc., is said to be "testamentary" gal declaration of a man's intentions whicb
when it Is written or made so as not to take he wills to be performed after his death. ")
effect untiJ after the death . of the person Dig. 28, I, 1; 2 HI. Comm. 499.
making it, and to be revocable and retain Testamentum, i. e., testatio mentis,
r'\ the property under his control during his facta nullo prresente metll periculi, sed
1.1 life. Hlthough he may have believed t.hat it cogitatione mortalitatls. Co. Litt. 322.
would operate as un instrument of a differ~ .A testament, t. e., the witnessing of one's
ent character. Sweet. intention, made under no present fear of dan·
TESTAMENTARY CAPACITY. That ger, but in expectancy of d eath.
P mflasure of mental ability which is recognized TESTAMENTUM INOFFICIOSUM.
in law as 8ufficient for the making a will.
Lat. In the civil law. An inofficious testa·
TESTAMENTARY CAUSES. In En. ment, (g . D.)
glish law. Causes or matters relating to the Testamentum omne morte consum·
Q probate of wills. the granting of administra~ matur. Every will is perfected by death. A
tions. and the suing for legacies. of which will speaks from the time of death only. Co.
th e ecclesiastical courts bu\re jurisdiction. tl Litt. 232.
BI. Comm. 95, 98.
Testamentary causes Bre causes relati ng to TESTARI. Lat. In the civil law. To
R the validity and execution of wills. The testify; to attest; to declare, pu blish, or make
known a thing before witnesses. To make
phrase is generally confined to those causes
which were formerly matters of ecclesiastical a will. Calvin.
jurisdicti on, and are now dealt with by the TESTATE. One who has made a will;
S court. of probate. Mozley & Whitley. one who dies leaving a will.
TESTAMENTARY GUARDIAN. A TESTATION. 'Vitness ; evidence.
guard ian appointed by tbe last will of a
TESTATOR. One who makes or has
fa t ber for tbe person and real and personal
estate of his child until th e latter arrives of made a testament or willi one who dies leav.
T full age. 1 Bl. Comm. 462; 2 Kent, Comm .
ing a will. This term is borrowed from the
civilIaw. 1ns(,.2, 14, 5,6.
224.
TESTAMENTARY' PAPER. An In· Testatoris ultima voluntas est perimw
plenda secundum veram intentionem
strument in the nature of a will; an unpro-
bated will; a paper writing which is of the
suam. Co. Litt. 322. The last will of a
testator is to be thoroughly ful.filled accord-
character of a will, though not formally such,
ing to bis real intention.
and which, jf allowed 88 a test.ament, will
have the effect. of n will upon the devolution TESTATRIX. A woman who makes a
and distribution of property. will; a woman who dies lea ving a will; a fe~
male testator.
TESTAMENTI FACTIO. Lat. In the
civil law. The ceremony of making a t esta- TESTATUM. In practice. When a
ment, either as testaoor, heir, or witness. writ of execution has been directed to the
sherifI' of a county, and be returns that the
TESTAMENTUM. Lat. In the civil defendant is not found in llis bailiwick, or
law. .A testament; a will, or last will. that he has no goods there, as the case may
In old English law. A testa ment or be, then a second writ. reciting this former
will ; a disposition of property made in con- writ and the shel'itPs answer to the same,
t emplation of death. Bract. fol. 60. may be directed to the sheriff of some other
A general nameforany instrument of con- county wherein the defendant is supposed to
veyance, including deeds and charters, and be, or to have goods, commanding him to ex·
so called either because it furnished written ecute the writ as it mny require; and this
testimony of the conveyance. or because it second writ is called a "testa tum" writ, from
was authenticated by witnesses, (testes .) the words with which it conclndes, viz. :
Spelman. "'Vh('reupon. on bebalf of the said plaintiff,
Testamentum est voluntatis nostrm it is tes tijied in our said court that the said
justa sententia. de eo quod quia post defendant is [or has goods, etc.] within your
mortem 8uam fieri velit. A testament Is bailiwick."
the just expression of our will concerning In conveyancing. That part ot a deed
that which anyone wishes done after his which commences with the words, IIThis in-
d ('atb , [or, as Blackstone translates. "the Ie· cl<e!ltllfe witnesseth."
TESTATUM WRIT 1167 TESTIS DE VISU, ETC.

TESTATUM WRIT. In practice. A TESTIFY. To bear witness: to give ev·


writ containing a testatum clausej such as idence as B witness; to make a solemn dec·
a testatum capial, a testatum ft. fa., and a laration. under oath or affirmation. in a judi-
testatum ca. sa. See TESTATUM. cial inquiry. for the purpose of establishing
or proving 80me fact.
TESTATUS. Lat. In the civil law.
Testate; one who bas made a will. Dig. 50. Testimonia ponderanda Bunt, non nu-
17, 7. meranda.. Evidence is to be weighed, not
enumerated.
TESTE MEIPSO. Lat. In old English
law and practice. A solemn foJtlllula of a~ TESTIMONIAL. Besides Its ordinary
testaLion by the sovereign, used at the conclu· meaning ot a written recommendation to
sion of cbarters. and other public instru- character, "testimonial" has a special me~\D­
ments, and also of original writs out of chan- ing. under St. 39 Eliz. c. 17, § 3, passed in
cery. Spelman. 1597, under which it signified a certificate
under the hand ot a justice of the peace, tes·
TESTE OF A WRIT. In practice. tifying tbe place and time when and where a
The concluding clause. commencing with the soldier or mariner landed. and the place of
word "Witness," etc. A writ which bears his dwelling or birth, unto which he was to
the teste is sometimes said to be tested. pass, and a convenient time limited for his
"Teste" is a word commonly used in the iastpart passage. EVBI'Y idle and wandering soldier
of avery writ, wherein the date is contained, be- or mariner not having such a testirnoni:ll, or
ginning with tho words, "Teste m.etpso," meaning
the sovereign, it the writ be an original writ, or willfnlly exceeding for above fourteen days
be issued in the name of the sovereign; but, if the the time Jimited thereby, or forging or coun-
writ be a judicial writ, tben tbe word "Teste" is terfeiting such testimonial, was to suffer
followed by the name of the obief judge of the death as a felon, without bel1eut of clergy.
court in which the action is brought, or, in case of
a vacancy of suoh office, in tbe name of the senior
This act was repealed, in 1812, by St. 52 Geo.
puisne judge. Mozley & Whitley. III. c. 31. lUo"ley & Whitley.

TESTED. To be tested is 10 bear Lhe TESTIMONIAL PROOF. In the civil


teste, (q. c.) law. Proof by the eVidence of witnesses,
i. e., parol evidence, 8S distinguished from
TESTES. Lat. Witnesses. proof by written instruments, which is called
Testes ponderantur, non numerantur. "literal" proof.
Witnesses are weighed, not numbered. That TESTIMONIES. In Spanish law. An
is. in case of a conHict of evidence, the truth attested copy of an instrument by a notary.
is to be sought by weighing the credibility
TESTIMONIUM CLAUSE. In con·
of the reslJective witnesses. not by. the mere
veyancing. That clause of a deed or instru.
nnmel'ical preponderance on one aide or the
ment with which it concludes : "In witness
other.
whereof. the parties to these presents have
Testes qui postulat debet dare eis hereunto set their hands and seals."
Bumptus competentes. Whosoever de- TESTIMONY. Evidence of a witness;
mands witnesses must find them In compe-
evidence given by a witness, under oath or
tent provision.
affirmation; as distinguished from evidence
TESTES, TRIAL PER. A trial had be· derived from writings, and other sourCes.
fore a judge without the intervention of a 'l'estimony is not synonymous with evi-
jury, in which the judge is left to form in dence. It is but a species, a class, or kind of
his own breast his sentence upon the credit evidence. Testimony is the evidence given
of tbe witnesses examined; but this mode of by witnesses. Evidence is what.ever may be
trial, although it was common in tbe civil given to the jury as tending to prove a case.
law, was seldom resorted to in the practice of It includes the testimony of witnesses. docu-
the common law, but it is now becoming ments, admissions of parties. etc. 13 Ind.
common when each party waives bis right to 389. See EVIDENCE.
a. trial by jury. Brown. TESTIS. Lat. A witness; one who
TestibuB deponentibus in pari numero, gives evidence in court, or who witnesses a
dignioribus est credendum. Where the document.
witnessps who testify are in ('qual number. Testis de vfsu prooponderat alits. 4-
[on both aides.] the more worthy are to be lnst. 279. An eye-wit.ness is preferred to
uelieved. 4 Inst. 279. others.
TESTIS LUPANARIS, ETC. 1168 THELUSSON ACT

N lupanari.
Testis lupanaria 8uffioit ad factum in
Moore. 817. A lewd person 1a a
but it would be extending liberality tQ lm un-
warrantable length to confound the arti cles
sufficient witness to an act committed in a Ia' and. the.' The mos~ unlettered persons
brothel. understand tha.t I a' is indefinite, but· the l
o Testis nemo in sua causa esse potest.
No one can be a witness in his own cause.
refers to a certain object." Per Tilghman,
C. J., 2 Bin. 516.
Testis oculatus unUA plus valet quam The fund whioh has received the ben·
auriti decem. 4 lost. 279. One eye-wit. eftt should make the satisfa.ction. 4
p ness is worth more than ten ear-witnesses. Bou v. Inst. no. 3730.

TESTMOIGNE. An old law French THEATER. Any edifice used for the pur.
term, denoting evidence or testimony. pose of dramatic or operatic or other repre-
sentations, plays. or performances. for ad-
Testmoignes ne poent testifier Ie negs- mission to which entrance-money is receiv ed,
tive, mes l'affirmative. 'Vitnesses cannot not including halls rented or used occasionM
Q testify to a negative; they must testify to an
affirmative. 4 lost. 279.
ally for concerts or theatrical representations.
ActCong.Julyl3, 1866, § 9, (14 St. atL~rg c,
TEST-PAPER. In practice. A paper 126. )
or instrument shown to a jury as evidence. THEFT. An unlawful felonious taking
R A term used in the Pennsyl vania courts. 7 away of another man's movable and personal
Pa. St. 428. goods against the will of the owner. Jacob.
TEXT· BOOK. A legal treatise which Theft is the fraudulent taking ot corporeal pet'-
lays down principles or collects decisions on sonal property belonging to another, from his pos-
S any brancb of the law.
session, or from tho possession of some person
holding the sam& for bim, without his consont,
TEXTUS ROFFENSIS. In old En- with intent to dep rive the owner of the value of
the same, and to appropriate it to tbe use or bene-
glish law. The l{ochesLertext. An ancient fit of the person taking, 1 Tex. App. 65.
manuscript containing many of the Saxon
T laws, and the rights, customs, tenures, etc.,
In Scotch law. The secret and felonious
abstraction of the property of anaL her for sake
of the church of RochesLer, drawn up by
of lucre, without his consent. Alis. Crim.
Ernulph, bishop of that see from A. D. 1114
Law, 250.
to 1124. Cowell.
THEFT-BOTE. The offense committed
THANAGE OF THE KING. A cer-
by a party who, having been robbed and
tain part of the king's land or property, of
knowing the felon, takes back his goods
wbich the ruler or governor was called
again. or recei v('s other amends, upon an
"thane. U Cowell.
agreement not to prosecute.
THANE. An Anglo--Saxon nobleman;
Theft bote est amenda furti capta,
M

an old title of honor, perhaps equivalent to


sine consideratione curim domini
"baron." There were two orders of thanes,
regis. 3 Inst. 134. Theft-bote is the pay·
-the king's thanes and the ordinary thanes.
ing money to have goods stolen return ed,
Soon after the Conquest this nama was disM
without having any respect for the court ot
used. Cowell.
the king.
THANELANDS. Such lands as were
THELONIO IRRATIONABILI HA·
granted by charter of the Saxon kings to
BENDO. A writ that formerly Jay for him
their thanes with all immunities, except from
that had any part of the king'a demesne in
the t1'inoda mce8sitaa. Cowell.
fee-farm, to recover reasonable toll of the
THANESHIP. The office and' dignity ot king's tenants there, if his demesne had been
a thane; the seigniory of a thane. accustomed to be tolled. Reg. Orig. 87.
That which I may defeat by my en- THELONIUM. An abolished writ for
try I make good by my confirmation. citizens or burgesses to asse rt their right to
Co. Litt. 300. exemption from toll. Fitzh. Nat. Brev. 226.
THAVIES INN. An inn ot chancery. THELONMANNUS. The toU-man or
See INNS OF CHANOERY. officer who receives toll. Cowell.
THE. An article which I1articularizes the THELUSSON ACT. The statute 39 &
subject spoken of. 41 Grammatical niceties 40 Geo. III. C. 98, which restricted aCCUlDU-
should not be resorled to without neceSSity; lations to a term of twenty-oneye ...rs from the
TIlEME 116~ TlIlNGS ABE COXSTRUED. ETO.

testator's death. It was passed in conse- THESAURUS INVENTUS. In old En·


quence of litigation over the will of one '.rhe- glish law. 'rreasure found; treasure-trove.
IUBson. Bract. loIs. 119b. 122.
THEME. In Saxon law. The power of Thesaurus inventus est vetuB diRposi-
haville- jurisdiction over naifs or villeius. tio pecunire, etc., cujus non extat modo
wiLh their !:iuits or offspring. lands. goods, memoria, adeo ut jam dominum non ha-
and chattels. Co. J.Jitt. U6a. beat. 3 Inst. 132. Treas ure·trove is an
THEMMAGIUM. A duty or acknowl- ancient hiding of money, etc., of which no
edgment paid by inferior tenants in respect recollection exists, 80 that it now bas no
of theme or t.eam. Cowell. owner.

THEN. This wurd. as an ad verb. means Thesaurus non competit regi, nisi
"at that time," referring to a time specifiell, quando nemo scit qui abscondit thesu\)-
either past or future. It has no power in rum. 3 Inst. Ui2. Treasure does not b~
itself to fix a time. It simply refers to a long to the king, unless no one knows woo
bid it.
time already fixed. 16 S. C. 329. 1t may
also denote a contingency. and lJe equivalent Thesaurus regis est vinculum pacis at
ro "in that event." 20 N. J . Law. 505. bellorum nervus. God b. 293. The king's
treasure is the bond of peace and the sinews
THENCE. In surveying, and in descrip-
of war.
tions or land by courses and distances, this
word, preceding each comse given, imports THESMOTHETE. A law-maker; alaw-
that the f('lllowing course is continuous with giver.
the one before it. 141 Mass. 66, 6 N. E. THETHINGA. A tithing
Rep. 702.
TRIA. Lat. In the civil and old Eur()o
THEOCRACY. Government of a state pean law. An aunt . .
by the immediate direction of God. (or by
the asslimed direction of asupposiLitious di- THIEF. One who bas been guilty of lar-
vinity,) or the state thus governed. ceny or theft. The term covers both com-
pound and simple larceny. 1 Bill. 25.
THEODEN. In Saxon law. Ahus~
band man or inferior tenant; an under-thane. THINGS. The most general denomina-
Cowell. tion of the SUbjects of lJl'opel'ty, as contra-
distinguish ed from pe1·sons. 2 BI. Camm. 16.
THEODOSIAN COD E. See CODE:X:
Th,e word "esta.te" in general is applicable to
TUI!.:ODOSIANU5. anything of which riches or fortune Ulay consist.
The word is likewise relative to the word "things,"
THE OF. In Saxon law. Offenders who which is the second object of jurisprudence, the
Joined in 8 body of seven to commit depreda- rules of which are applicable to pel'sons, things,
tions. Wharton. and actions. Civil Code La. a.rt. 44fl.
Such permanent objects, not being persons, as
THEOWES, THEOWMEN, or are senSible, or perceptible through the senses.
THEWS. In feudal law. Slaves. captives, Aust. JUl'. § 452.
or bondmen. Spel. Feuds. c. 5. A" thing II is the object of a right; i. e., wh atever
is treated by the la.w as the Object over which ODe
THEREUPON. At once; without inter- person exercises a. right, and with reference to
ruption; without delay or lapse of time. 133 which anothcr person lies under a. duty. Roll
JUl'. 83.
Mass. 205. Things are the subjects of dominion or property,
THESAURER. Treasurer. 3 State Tr. as distinguished from 1Jcrsons. They are distrib-
uted into three kinds: (1) Tbings real or immov-
69I. able, comprehending lands, tenements, and bere·
THESAURUS, THESAURIUM. The ditaments; (2) things personal 01' movable, com·
treasury; a treasure. prehending goods and chattelsj and (8) thingiJ
mixed, partaking of the characteristics of the two
THESAURUS ABSCONDITUS. In former, as a title-deed, a term for years. The civil
law divided things into corporeal (tungL POSSII?tt)
old English law. Treasure hidden or buried.
and incorporeal (tumaL non 1)OSSlt71t.) Whart.on.
Spelman.
Things accessory are of the nature of
Thesaurus com petit domino regi, at
the principal. Fjnch,Law, b. 1, c. 3, n. 25.
non domino hberatis, nisi sit per verba
epecialia. Fitz. Coron. 281. A treaslIre Things are construed according to that
belongs to the king, find not to the lord of a which was the cause thereof. Finch, La w,
liberty, unless it be through special words. b. 1. c. 8. n. 4.
AM.DIC'l'.LAW-74
TIIlKGS ARE DlSSCLVED. ETC. 1170 THISTLE-TAKE

N Things are dissolved as they be con- guest; and the third night, an awn-hinete, a
tracted. Finch, Law. b. 1, c. 3, n. 7. dom .. stic. Bract. 1. 3.
Things grounded upon an ill and void THIRD PARTIES. A term used to in.

o beginning cannot have B good parfec-


tion. Finch, Law, b.l. c. 3, n. 8.
clude all persons wll0 arB not parties to the
contract, agreement. or instrument of writ-
in g by which their interest in the thing con-
THINGS IN ACTION. A thing in ac-
veyed is sought to be affected. 1 niart. (N.
tion is a right to recover money or other per-
~.) 384.
sonal properLy by a. judicia.l proceeding.
P Civil Code Cal. § 9b3. See CnOSE IN ACTION. THIRD PENNY. Aportlon (one_third)
of the amount of all fines amI other profits at
Things in action, entry, or re-entry
the county cOllrt, which was resprved for the
cannot be granted over. 19 N. Y. 100.
earl, in the early days when the jurisu.idion
103.
of those cOllrts was extensi ve, the remainuer
Q Things incident cannot be severed. going to the king.
Fincb, Law, b. 3, c. 1, 0.12.
THIRDBOROUGH, or THIRDB 0-
Things incident pass by the grant of ROW. An under-constable. Cowell.
tbe principal. 25 Barb. 284. 310.
THIRDINGS. The third part of the
R Things incident shall pass by the grant corn growing on the land. due to the lord for
of the prinCipal, but not the principal by a heriot on the cJeath of his tenant, within the
tho grant of the incident. Co. Litt. 152a, manor at Turfat, in Hereford. BlounL.
151b; Broom. Max. 433.
THIRDS. The designation. in colloquial
.S THINGS PERSONAL. Goods. money, lan guage, of that portion o f a deceu.ent's per-
and all other movables. whi ch may attend sonal estat<J (aile-third) which goes to the
th e owner's person wherever he thinks prop- widow where there is also a child or chi!-
(lr to go. 2 Bl. Corum: 16. Thiugs personal
uren.
consist of goods, money, anu all other mov-
T ables, and of such rights and profits as relate THIRLAGE. In Scotch law. A servi.
tude by which ];\Uds are astricted or "thirlt,'i1"
to movables. 1 ~teph. Comlll. 156.
to a particular mill, to wh icll the possessors
THINGS REAL. Such things as nre must carry the grain of the growth ot tt.e
permanent. fixed. and immovaLle. which astricted lands to be ground, for the payment
cannot be carried out of their place; as lands
of such duties as are either expressed ur im·
aIllI. tenements. 2 HI. Comm.16. Thisdefi-
plied in the constitution of the right. Ersk.
nition has been objecteu. to as not emlJl'<lcing
Inst. 2. 9, 18.
inco rporeal rights. Mr. Stephen defines
things ?'eat Lo "consist of Lhings substanLial THIRTY-NINE ARTICLES. SooAR·
aud immovable. allll. of the rights and profits TICLES OF RELIGION.
annexed to or issuing out 0(" these." 1 Steph. THIS. When I'this" and "that" refer to
Comm. 156. '1'hin!}8 1'eal are otherwise de- different things before expresseu.. Uthis" re--
scribed to consist o( lands, tenements. and fers to the thing last mentioned. and II that"
bereditamen ts. to the thing first mentioned. 06 Pa. St. 25l.
THINGUS. In Saxon Jaw. .A thane or
THIS DAY SIX MONTHS. Fixing
noblema n; knight or freeman. Cowell.
"this 'day six months," or "three months,"
THINK. In a special finding by a jury. for the next stage of a bill , is one of the modes
this word is equivalent to "believe," <lnd ex- in which the house of lonls and the house of
presses the conclusion of the jury with suffi- commol.1S rejpct bills of ,,,'hich they disap-
cient positiveness. 59 Iowa, 414. 13 N. 'V. prove. .A bill rejected in this manner ca.n-
Rep. 424. not be r eintrod uced in the same session.
THIRD-NIGHT-AWN-HINDE. By " ' harton.
';hfllaws of St. Edward the Confessor, if any THISTLE-TAKE. It was a custom
man lay a third night in nn inn, he was within the manor of Halton, in Chester, that
called a "third-night-awn-hillue," and his if, in drh'ing be.1sls over a common, the
bost was answerable for him if he committed driver permitted them to graze or take but a
any offense. Tile first night. forman-night, thistle, he should pay a halfpenny u.-piece to
Of uncuth, (unknown.) he was reckoned a the lord of the fee. and a.t Fiskerton, in
stranger; the st'cond night, twa-night, a Nottingbamshire, by ancient custom, if a
TIIOIWUGlIFARE 1171 TIDAL

native or a collageI' killed a swine above a erence to layin g out a road "thrl)ugn" certai n
year ohl, he paid to the lord a pen ny, whi ch grounds. 119111. 147,7 N. E. [top. 627.
purchase or lea ve to kill a hog was also called THROW OUT. To ignore, (a bill of in-
"thistle-t' lke." Cowell. tlictweut. )
THOROUGHFARE. The term means, THRUSTING. Within tho meaning ot
according to its derivation. a street or passage a criminal statute, "thrusting" is not neces-
through which one can fare, (travelj) that sarily an attack with a painted weapon ; It
is, a street or h ighway affording an unob- means pushing or driving with force, whether
structed exit at each end into another street the point of the weapon be sharp or not. 33
or public passage. If the passage is closed at La. Ann . 1224.
one end, adm itting no exit there, it is called
THRYMSA. A Saxon coIn worth foul'-
a "cul de Bac."
pence. Du Fresoe.
THRAVE. In old English law. Amaas-
THUDE-WEALD. A wood ward, or per-
nre of corn or grain, consisting of twenty-
son that looks after a wood.
four sheaves or four shocks. six sheaves to
every sbock. Cowell. THURINGIAN CODE. One of the
"barbarian codes." as they are termed ; s up-
THREAD. A middl~ line; a line rUD-
posed by Montesquieu to have be.;n given by
ning through the middle of a stream or road.
Theodoric. king of Austl'asia, to the Thurin-
See FIL1:1ltj FILUM AQUEj FILUM VIE.
gians, who were hi s SUbjects. Esprit des
THREAT. In criminal law. Am enacej Lois, lib. 28, c. I.
a declaration of on~'s purpose or intentrion to
THWERTNICK. In old English law
worl{ i nj ury to the p erson, property. or rights
The custom of giving entertainments to a
of another.
sheriff, etc., for three n ights.
A threat bas been defined to be any menace of
such a nature and extent as to unsettle the wind TICK. A colloquial expression for credit
of t.he person on whom it operates, and to take or trust; credit given for goods purchased.
away from his acts that free, volu ntary action
which alone constitutes COnsent. Abbott. TICKET. In contracts. A slip of pa-
THREATENING LETTERS. Sending per contain ing a certificate th dt the person 1.0
threatening letters is the name of the offense whom it is iss ued. or the h oi d ~ r. is entitled
of sending letters containing threats of the to some right or privilege therein mentioned
kinds recogni zed by the statute as criminal. or described; such. for examph', tlre mil road
tickets, theater tickets, pa.wn tickets. lot.tery
T H R E E - DOLLAR PIECE. A gold ticket.s, eLc.
coin of the United States, of the value of In election law. A tiul.. et is a paper up-
three d ollars; authorized by the seventh sec- on which is written or printed the names ot
tion of the Hct of F eb. 21, 1t!53. the persons for whom the eledor intends to
rr'HRENGES. Vassals, but not of the vote, wi t h a designation of tile oHice t o which
lowest degree; those who h eld lands of the eat h persall so named is intend ed by bim to
chief lord. be cb osen. Pol. Code Cal. § lIB5.
THRITHING. In Saxon and old En- TICKET OF LEAVE. In English law.
glish law. 'rhe third part of a county: a di- A license or permit given to a convict. as a
visi on of a county consisting of three or more reward for good condu ct. particul<1.l'ly in the
hund reds. Cowell. Corrupted to the modern penal settleme nts, which all ows him to go
';riding," which is still used in Yorkshire. at large,unu labur for himself, before Lhe ex-
I BI. Comm. 116. piration of his sentence, subject to ct!rtain
specific conditions. and revocaule upon sub ..
T H R 0 A T. In med ical jurisprudence.
sequent misconduct.
The front or anterior part of the neck.
Where ODe was indicted for murder by "cut_ TICKET-OF-LEAVE MAN. A Call·
ting the throat" of the deceased. it was held vict who has obtained a ticket of lea ve.
that the word " throat" was not to be con-
TIDAL. In order that a rive r may be
fined to that pnrt of the neck wh ich is scien-
Utidal" at 8 given spot. it may not be nec-
tifically 80 calleu, but must be taken in its
essary that the water should be salt. but the
common acceptation. 6 Car. & P. 401.
spot must be one where the tide, in the ordi..
THROUGH. This word is sometimes nary and r egular course of things, flows KDd
equivalent to "overj" as in a statute in ref- r eflows. 8 Q. B. Diy. 630.
TIDE 1172 TIME OUT OF MEMORY

N TIDE. The ebb and flow of thE. sea. TILLAGE. A place tilled or cultiv.ted;
land under cuUivation, as opposed to lands
TIDE-WATER. Water which falls and
lying fallow or in paslure.
rises with the ebb and Howaf the tide. The
term is not usually applied to the open sea, TIMBER. "WOOd felled for building or
D but to coves, bays, rivers. etc. other such like use. In a legal sense it gen.
era.lly means (in England) oak, ash. and
TIDESMEN, in English law, are eel'· elm. but in som e parts of Engi<md. and gen-
tain officers of tbe custom-house, appointed
erally in America, it is lIs ed in a wider
to watch or attend upon ships till the cus-
p t oms afB paid; and they are so call 1;'d because
sense, which is recog nized by the law.
The term "timber," as used in commerce, refers
they go aboard the ships nt thei r arri val in genera.lly only to large sticks of wood, squared or
the mouth of the Thames, and come up with capable ot being squared for building houses or
the tide. Jacob. vessels; and certain trees only baving been for-
mel'ly used tor such purposes, namely. the oak, the
o. To bind. "The parson is not
Q tied'l'IE,
to find the parish clerk." 1 Leon. 94.
ash. and the elm, they alone were recognized as
timber trees. But the numerous uses to which
wood has come to be applied, and the general em-
TIE, n. 'Vhen, at an election, neither ployment 01 all kinds of trees for some valuable
candidate receives a majority of tbe voLes purpose, has wrought a change in the general ao-
cast. but each has tbe same numuer, there is cepta.tion of terms in connection tberewith, and
R eaid to be a "tie ." So when the number of wa find that Webster defines "timber" to be "that
sort of wood which is proper for buildings or for
votes cast in favor of any mOaSure, in a legis- toOls, uteosils, furniture, carriages, fences, ships.
lative or deliberative body, is equal to the and tbe like. n This would include all sorts of
uurnbf'r cast against. it. wood from which any usetulll.rticies may be made,
or whioh mo.y be used to advantage in any class of
S TIEL. L. Fr. Such. Nul tiel record, manufacture or construc~ion. 14. Fed. Rep. 824.
no such record. TIMBER-TREES. Oak, ash, elm, in all
TIEMPO INHABIL. Span. A time places. and, by local custom, such other
of inability; a time when the person is not trees as are used in bUilding. 2 Bl. Comru.
T able to pay his debts, (when, for instance. he
may not alienate property to the prej udice of
281. See ·rnIBI~R.
TIMBERLODE. A service by which
his creditors.) 'rh"e term is used in LOlli - tenants were bound to carry timber felled
8iana. 8 Mart. (N. S.) 270; 4 Mart. (N. S.) from the woods to the lord's house. Cowell.
292.
TIME. The measure of duration .
TIERCE. L. Fr. Third. Tie1'ce mein.
The word is expressive both of a precise
tbird hand. Britt. c. 120.
point or t t;1"]ninU8 and of an interval between
TIERCE. A liquid measure. containing two points.
the third part of a pipe. or forty-two gallons. In plaading. .A point in or space of du-
TIGH. In old records. .A close or in_ ration a.t or during whi ch some fact is alleged
closure; a croft. Cowell. to have been commitled.
TIGHT. As colloquially applied to a note, TIME-BARGAIN. In the language of
bond, mortgage, lease, etc., this term sig- the stock exchange, a tlm€'-bal'gain is an
nifies that the clauses prOViding the credit- agreement to buy or sell stock at a fnture
or's remedy in case of default (as. by fore- time, or within a fixed time, at a certain
closure, execution, distress, etc. ) are sum- price. It is in reality nothing more Lhan a
mary and stringent. bargain to pay differences.
TIGNI IMMITTENDI. Lat. In the TIME IMMEMORIAL. Time whereof
civil1aw. The name of a servitude which is the memory of a man is not to the contrary.
the right of inserting a beam or timuer from TIME OF MEMORY. In Englishhl.w.
the wall of one house into that of a neigh- Time commencing from the beginning of tho
boring house, in order that it may rest on the reign of Hic hard 1. 2 HI. Comm. 31.
latter. and that the wall of the latter may Lord Coke defines time of memory to be
bear this weight. "W harton. See Dig. 8. "when no man alive hath had any proof to
2, 3G. the contrary. nor hath anv connsance to the
TIGNUM. A civil-law term for building contrary." Co. Litt. 86a, 86b.
ma.terial; timber . TIME OUT OF MEMORY. Time be-
TIHLER. In old Saxon law. An accu- yond memory; time out of mind; time tG
saLion. which memory does not extend.
TIME-POLICY 1173 TITHE-FREE

TIME-POLICY. A policy of marine in- TINEL. L. Fr. A place where justice


surance in which the risk is limited. nut to a was administered. Kelham.
given voyage, but to a certain fixed term or
period of time. TINEMAN. Sax. In old forest law.
.A petty officer of the forest who had the cars
TIME. REASON ABLE. .. Reasonable of vert and venison uy night. and performed
time" bas never been he!d to be any deter- other servile duties.
mined number of days or years as applied to
every case. like the statute of limitations, but TINET. In 01<1 records. Brush- wood
roust be dec.:ided in each case upon all the ele- and thorns for fencing and hedging. Cowell;
ments of it which affect that question. 91 Blount.
U. 1>. 591. TINEWALD. The ancient parliament
or annnal convention in lhe Isle of Man,
TIME THE ESSENCE OF THE CON-
held upon Midsummer-day, at St. J-ohn'8
TRACT. A case in which "time is of the
cbapel. Cowell.
essence of the contract" is one where the par-
ties evidently contemplated a pnnctual per- TINKERMEN. Fishermen who de-
forma-nce, at the precise time named. as vital stroyed tbe young fry on tbe river Thames
to the agreement. and oneof its essential ele. by neLs and unlawful engines. Cowell.
ments. Time is not of the essence of the
TINNELL US. In old Scotch law. The
contract in any case where a moderate delay
sea-mark; higb-water mark. Tide·mouth.
in performance would not he regarded as an
SkenG.
absolute violation of tht:! contract.
TINPENNY. A tribute paid for the
TIMOCRACY. A.n aristocracy of prop~ liberty of digging in tin-mines. Cowell.
erty; government by men of property who
are possessed of a certain income. TINSEL OF THE FEU. In Scotch la w.
The loss of the feu, from nlh>wing two years
Timores vani Bunt restim8Ddi qui non of feu duty to run into the tbird unpaid.
oadunt in consto.ntem virum. 7 Coke, lie ll.
17. Fears which do not assail a resolute
man are to be accounted vain. TIPPLING HOUSE. ' A place where in-
toxiCltting drinks are sold in drams or small
TIN-BOUNDING is a cllstom regulating quantHies to be drunk on ihe preloises, and
the manner in which tin is obtained from where men rt:sort for drinking purposes.
wHsle·land, or land which 11:18 formerly beeu See 47 Ill. 370.
waste-land. within certain districts in Corn-
wall aoll Devon. The custom is described TIPSTAFF. In English law. Anotllcer
In the leading CRse on the subject as [0110\\-'8: appointed by the marsbal of the king's bench
.. Any person may enter on the wHSle·land of to altend upon the judges with a kind of rod
another, and may mark out uy foUl' corner or siaff tipped with silver, \yho tal,e into their
boundaries a certain area. A. written d~ custody all prisoners, eith er committed or
scriptioll of the plot of land so marked out turned over by the juuges at their chambers.
with metes and bounds, and the name of the etc. Jacob.
person. is recorded in the locI11 stannaries In American law. A.n omcer appointed
court, and is proclaimed on three successive by the court. whose duty is to wait upon the
court-days. If no objection is sustaiD~'d by court when it is iu session, prG!'-Ierve order,
any other person, the court awards a writ to serve process, guard juries, elc.
the b;liliff to deliver posspssion of the said
TITHE RENT-CHARGE. A rent-
'uounds of tin-work' tl.) the' bounder,' who
charge established in lieu of tithes. under the
thereupon has the exclusive right to search
titill:'s COllI mutation ad, ]836. (St. 6 & 7 'VITI.
for, dig. and tai{e for his own lise all tin and
1 V. c. 71.) As between landlord and tenant,
tin-ore within the inclosed limits, paying as
the tenant paying the tithe rent-charge is enti-
a royalty to the owner of the waste a certain
tled, in the absence of express agreement, to
proportion of the prod uce under the name of
deduct it from hi~ rent, under section 70 of the
'toll-tin.''' 10 Q. B. 26. cited in Elton Com-
above act. And a tithe rent-charge unpaid
mons, 113. 'l'hr> right of tinl.JoundiDg is not
Is recoY6mbl", l.Jy lUstres8 88 n:'~nt jn arrear.
B right of common, but is an intPl'cst in land,
Mozley & Whitley.
and. in Devonshire, a corporeal heredita-
ment. In Corn wall tin uounds are personal TITHE-FREE. Exempted trom the pay-
estate. Sweet. ment of tithes.
TlTHER 1174 TlTLE

N TITHER. One wbo gathers tltbe •• "John Doe" and "Richard Roe." or to "A..
B "and "C. D . "
TITHES. In English law. The tenth
part of the increase, yearly arising and re· TITLE. Tho radical meaning of thi~
word appears to be that of a mark, style, or
o newing from the profits of lunds, the stock
upon lands. and the personal industry of the
inhabitants. 2 TIL Comm. 24. A species of
designation; a distinctive appellation; the
name by which anything is known. Thus,
incorporeal hereditament. being an eccle. in the law of persons, a title is an appplla-
siastical inheritance collateral to the estate of tion of dignity or distinction, a name denot-
p the land. and due only toan ecclesiastical per- ing the social rank of the person bearing it;
Bon by ecclesiastical law. 1 Crabb, Real Prop. as "duke" or "count." So, in legislation,
§ 133. the title of a statute is the heading or pre-
Pnedlal tithes are sucb as arise immedia- liminary part, furnishing the name by which
tely from the ground j 88 grain of all sorts, the act is individually known. It is usua.lly
Q bay, wood. fruits. and berbs. Mixed tithes prefixed to the statute in the form of a brief
are sucb as do not arise immediately from the summary of its conttlntsj as "An act for the
ground. but from things nourished by the prevention of gaming," Again. the title of
ground; as calves, lambs, chickens. coUs, a patent is the short dE'dC!'i pUon of the in-
milk, cheese, and eggs. Personal ti thes are vention, which is copied in the letters patent
R such as arise by the industry of man, being from the inventor's petition; e. g., "a new
the tenth part of the clear gain, aftel' charges and improved method of drying and prepar-
dod ucted. 1 Crabb, Real Prop. § 133. ing malt." Johns. Pat. Man. 90.
In the law of trade-marks, a title may be-
TIT,RING. One of the civil divisions of come a subject of property; as one who has
S England, being a pnrtion oftliat greater di- adopted a particular title for a newspapp.,r, or
vision called a "huudred." It was so called other business enterprise, may, by long and
because ten freeholders with their familif's prior user, or by compli;mce with statutory
composed one. It is said that they were all
T knit together in one society. and bound to tbe
provisions as to r egistration and notice , ac-
quire a right to be protected in the exclusive
king for tbe peaceable behavior of each other. use of it. Abbott.
In each of these societies th ere was one chief The title of a book, or any literary compo-
or principal person, who. from his office. was sition, is its name; that is, the heading or
called II teo thing-man," now" tithing-man , " caption prefixed to it, and disclosing the dis-
Brown. tinctive appellation by which it is to be
TITHING-MAN. In Saxon law. This known. This usually comprises a brief de-
was the name of the he<\d or cbief of a scription of its subject-mattel' and the name
decennary. In modern English Jaw, be is of its author.
the same as an under.. collstable or peace- "Title" is also llsed as the name of one of
officer. the s ubdivisions employed in many li terary
works, standing intenneuiate between the di-
In modern law. A constable. II Afler
visi.ons denoted by Lile term "books" or
the mtroduction of justices of the peace, the
"parts," and those designated as "chapters"
offices of cOllstallle and ti thing-man became and 41 sections."
so similar that we now regard them as pre--
cisely the same." Willc. Const. Introd. In real property law. Title is the
means whereby tiLe owner of lands has the
In New England. A parish officer an- just possession of his prop erty. Co. Litt.
nually elected to preserve good order in the ~45; 2 HI. Comm . 195.
church during divine ser vice, and to make Title is the means whereby a person's right
complaint of any disorderly conduct. Web- to property is estaulished. Code Ga. 1882,
ster. § 2348.
TITHING-PENNY. In Saxon and old Title may be defined generally to be the evidence
of right which a. person bas to the possession of
• English law. Money paid to tile sheriff by property. The word "title" certainly does not
the several tithings of his county. Cowell. merely signify tbe right which 0. person has to
the possession of property; b ecause there are
TITIUS. In Roman law. A proper many instances In which a. person may have the
name, frequently used in designating an in- right to tbe possession of property. and at the
definite or fictitious person, or a person re- same time have no title to the same. In its ordi~
nary legal acceptation, howevp.r, it generally seemB
terred to by way of illustration, "Titius" to imply a right of possession also, It therefore
and "Seius," in this use, correspond to appears, on the whole, to signify the outward evi-
TITL E 1175 TITULUS

dence of the right, rather than tbe mere right it- tor right to convey, against incumbrances.
self. Thus, when it Is eald that the" most imper. for q uiet enjoyment, sometimf's for fu rther
feet degree of title consists in the mere naked
possession or actual occupation of an estate, " it
assurance, and almost. al ways of wa rranty . ot
means that the mere circumstance of occupying Raw!e. Cov. § 21.
the estate is the weakest specios of evidonce of
the occupier's right to such possession. The word TIT LE-DEEDS. Deeds which consti-
is defined by Sir Edward Coke thus: Tttl£l.lt8 est tute or are the evidence of title to lands.
justa causa possidendi id qlwd nostrum est, (1
lost. 84;) that Is to say, the ground, whether pur- TITLE OF A CAUSE. The distinct ive
chase, gift, or other sucb ground of acquiring; appellation by which any cause in court, or
101 titutu8 " beiDg distinguished In this respect from othe r juridical proceeding, is known and dis-
"moans acqutrendi j " which is the traditio, ,t,. e., criminated from others.
delivery or conveyance of the thing. Brown.
Title is when a man hath lawful cause of entry TITLE OF AN ACT. The heading, or
into lands whereof another is seised; and it signt- introductory clause. of a statute, wherein is
6es o.lso the means whereby a man comes to lands
or tenements, as by feoft'ment. last will a.nd testa-. hriefly recited its purpose or nature, or tllQ
mont, etc. Tho word "title n includes a right, but 8ubject to which it relates.
18 the more general word. Every right is 1\ titlo,
though every Litle is n ot a right tor which an ac- TITLE OF CLERGYMEN. (to orders.)
tion lies. Jacob. Some certain place where they may exercisE"
A title is 8 la wflil cause or ground of pos- tlleir functions ; also an assurance of being
8essing that which is ou rs. An interest, preferred to some ecclesiastical benefice. 2
~teph. Comlll . 6tH.
though primarily it includes the term~ "es-
tate," "right," and "tille, " has latterly come TIT L E OF DECLARATION. That
often to mean less, and to be the same as preliminary clause of a declaration which
" concern," "I)hare," and tile like. 73 N. Y . states t1H~ name of the court and the term 10
456. which the process is returnable.
The i nvestigation of titles is one of the
T I TLE OF ENTRY. The r ight to en-
principal branches of conveyancing, and in
ter upon lands. Cowell.
that practice the word "tille" has acquired
the sense of " history," rather til an of II r ight. " TITLE T O ORDERS. In English ec-
Thus, we speak of an abstract of title, and of clesiasticallaw, a title to orders IS a certifi-
investigating a title, and describe a docu - cate of preferment or provision required by
ment as forming part of t he title to property. tbe thi r ty-third canon, in order that a person
Sweet . may be admitted into holy orders, ullit'ss he
I n pleading. The r ight of acLion which be a fellow or chaplain in Oxford or Cam-
the plaintiff has. The declaration must show bridge. or master of arts of five years' stand-
the plaintiff's t.itle, and. if such t itle be not ing in either of the uni versit:es, and living
shown in that instrument, the defect cannot there at bis sale cbarges; or unless the bishop
be cured by any of the future pleadings. himself intends shortly to admit him to some
Bac. Abr. "1-'leas, I> etc .• B 1. benefice or curacy. 2 Steph . Comm. 661.
In procedure, every action, pet.ition, or TITUL ADA. In Spanish law. Title.
other proceeding has a title, which conSists 'W hite, New Recap. b. 1, tit. 5, c. 3, § 2.
of the name of the court in which it is pend-
ing. the names of the parties. etc. Admin- TI T U L ARS OF ERECTION. Persons
istration actions are further distinguished by who in Scotland, aFter the Reformation, ob-
the name of the deceased person whose estate tained grants from the crown of the monas -
is being administered . Every pleading. teries and priories then errcted into temporal
summons, aIBdavit, etc., COUllllunces with lordships. TOllS the titles formerly held by
the title. In many C!.l5eS it is sufficie nt to the religions hou~es, as well as the property
give what is called the "short title" of an ac- of the lands, were con ferred on t.hese gl'an-
tion, namely. t he court, the reference to the tees, who were also called " lords or erection"
record. and the surnames of the first plaintiff anel "titulars of the teinds." Bell.
and the first defendant. Sweet.
TITULUS. Lat. In the civil law. Ti-
TITLE. COVENANTS FOR. Cove- t le ; the source or ground of possl"s~ion; the
nants usually inserted in a can veyance of means whereby possession of a thing is ac-
land. on the part of the grantor, and binding quired. whether such possession he lawful or
him for the completeness, security, aud con- not.
tinuance of the title tran sferred to the gran- In old ecclesiastical law. A tt>mple or
tee. T hey comp rise 44covenants for seisin, church; t be mater ial ed ifice. So called. be-
TITULUS EST JUSTA CAUSA, E TC. 1176 TOLL-TIIOUOUGH

N cause the priest In charge of i~derived there- coins, and Circulating among pri vate persoua,
from his name and title. Spelman. by consf'ot. at a certain value. No longer
permitted or recognized as money. 2 Chit.
Titulus est justa causa. possidendi id
Com. Law, 182.
o quod nostrum est; dicitur a. tuendo. 8
Coke, 153. A title is the just right of pas ..
sessing that which is our own; it. is so called
TOLERATION. The allowallce of re-
ligious opinions and modes of worship in a
from co tuendo," defending. state which (Ire contrary to, or different
TO. This is a word of exclusion, Whf'll from. those of the estauJisbed church or be-
P tlsl"d in describing premises; it exd udl:'s the
lief. WebsLer.
terminus mentioned. 69 Me. 514. TOLERATION ACT. The statnte1 W.
& M. St. I, c. 18, for exempting Protestant
TO HAVE AND TO HOLD. The
words in a conveyance which show the estate
dissenters from the penalties of certuiq laws is
so called. Brown.
Qinveyance
tend ed to be conveyed . Thus, in a con-
of land in fee-simple. tbe grant is to TOLL, o. To bar, defeat, or take away;
"A.. and his heirs. to have and to hold the thu s, to toll the entry means to deny or take
said [land] unto and to the use of the said a way t.he right of entry.
A., bis heirs and assigns forever." 'Will-
R iams, Real Prop. 198. TOLL,1l. In English law. Toll means
an excise of goods; a seizure of some part for
Strictly speaking, however, the words "to
have" denote the estate to be taken, while permission of toe rest. It bas two sigQ.ifica-
the words "to hold II signify that it is to be tions: A. liberty to buy and sell within the
held of some superior lord, i. e., by way of preCincts of the manor, which seems to im-
S tenure, (g. 'D.) The fanner clause is called port as much as a fair or market; a tribute or
custom paid for passage. Wharton.
the "habendum;" the latter. the ··temm-
A Saxon word, signifying, properly, a payment
dum." Co. Litt. Ga.
in towns, markets, and fairs for goods and cattle
TOALIA. A towel. There is a tentHe bought. Hnd sold. It is 0. reasonable sum of money
T of lands by the sel'Vice of wait.ing with a due to the owner of the fair or mal·ket. upou sMa
of things tollable within the same, The word is
towel at the king's coronation. Cowell. used for a. liberty as well to take as to be free from
toll. Jacob.
TOBACCONIST. Any person, firm, or
corporation who~e business it is to manufact- In modern English law. A reasonable
ure cigars, snuff, or toba.cco in any form. sum due to the lord of a fair or market for
Act of congress of July 13, 1866, § ~; 14 St. things sold there which are toll able. 1 Crabb,
at Large, 120. Heal Prop. p. 350, § 683.
In contracts. A sum of monf'y for the
TOFT. A place or piece of ground on
use of something. generally appli ed to tbe
which a house formerly stood, \ybich has
consideration which is pa.id for the use of a
been destroyed by accident or decay. 2 Broom
road. bridge. or the like. of a public nature.
&H. Comm.17.
TOFTMAN. In old English law. The TOLL AND TEAM. Sa". Words con-
owner of a toft. Cowell; tipelman. stantly associated with Saxon and old .En-
glish grants of liberties to the lords of man~
TOGATI. L~t. In Homan IRw. Advo- ors. Bract. f ols. 56, 104b, 12-1b, 154b. They
cC\tes; so called under the empire because appeal' to ha ve i m pOl'ted til!' privileges of ha v~
they were required, when appearing in court ing a market, and jurisdiction of villeins.
to plead a cause, to wear the toga, w!lich had See TEAM.
then ceased to be the customary dress in
Uome. Vicat. TOLL-GATHERER. The ollicer who
takes or collects toll.
TOKEN. A sign or mark; a material ev ..
iden ce of the exisLence of a fact. Thus. TOLL-THOROUGH. In English law.
ch eating by "false tokens" implies the use of .A. toll for passing throu gb a highway. or over
fabricated or deceitfully contdved mat~rial a ferry or bridge. Cowell. A. toll paid Lo a
objects to assist the person's own fraud and town for such a number of beasts. or for
falsehood in accomplishing the cheat. every beast. that goes through the town. or
over a bridge or ferry belonging to it. Com.
TOKEN-MONEY. A. co n ventional me- Dig. uToll," C. A toll claimed by an indi-
dium of exchange conSisti ng of pieces of vidual where he is bound to r epair some parR
metal, fashioned in the shape am! SlZf;\ of ticular l.Jighway. S Steph. Camm. 257.
TOLL-TRAVERSE Jl77 TON~URA

TOLL-TRAVERSE. In English law. nage val'ips in different countries. In Eng


A toll for passing over a private man's land. tonnage denotes tile actual weight in
ground. Cowell. A t(l11 for passing over tons which the vessel can safely carry; in
the private soil of another. or for driving America, her carrying ca.pacity estimated
betl.sts across his gro:mcl. Oro. Eliz. 710. from th e cubic dimensions of the hold. See
40N. Y. 259.
TOLL-TURN. In English law. A toll
The "tonnage" of a vessel is her capacity to
on beasts returning from a marl\ et. 1 Crabb. carry cargo, a.nd a charter of "the whole tonnage"
Real Prop. p. 101. § 102. A toll paid at the of a ship tl'ansfers to the cha.rterer only the space
return of beasts from fair or mark et, tbough necessary for that purpose. 103 Mass. 405.
tlH'y were not sold. CowelL The tonnage of a vessel is her internal oublcal
capacity. in tons. 94 U . S. 235.
TOLLAGE. Payment of toll; money
TONNAGE DUTY. In English law.
charged or paid as Luli; Lite liiJe rtyor fraDw
A duty imposed by parliament UpOIi mer-
chise of cbarging tolL
chandise exported and imported. according to
TOLLBOOTH. A prison; a Cllstom- a certain rate upon every ton. Brown.
house; an exchange; also the place where In American law. A tax: laid llpon ves-
gouds are weighed. "'harton. sels according to their tonnage or cubical ca-
TOLLDISH. A vessel by which the toll pacity.
of corn for grinding is measured. A tonnage duty is a duty imposed on vessels in
proportion to their capacity. The vital prillciple
Tolle voluntatem et erit omnis actus of a tonnage duty is tha.t it is imposed, whatever
indifferens. Take away the will. and every the subject, solely according to the rule of weight,
either a.s to the capacity to carry or the actual
action will be indifferent. Bl'act. fol. 2. weight of the thing itself. 94 U. S. 238.
TOLLER. One who collects tribute or The term "tonnage duty, n as used In the consti-
tutional prohibition upon state laws imposing tou-
taxes. nage duties, describes a duty proportioned to the
TOLLERE. Lat. In tbo ch iI la w. tonnage of the vessel; a certa.in rate on each ton.
But it is not:to be taken in this restrioted sense in
To lift up or raise; to elevate; to build up. the oonstitutional provision. The general proh i·
bition upon the states against levying duties on
TOLLS . In a general seuse, tolls signify imports or exports would have been ineffectual if
any manner of customs, subsidy, presta- it had not been extended to duties on the ships
tion, jmposition, or slim of money demanded which serve as the vehicles of conveyance. The
for exporting or importing of any wares or prohibition extends to any duty on the ship,
whethflr a fixed sum upon its whole tonnage 01' a
merchandise to be taken of the buyer. 2 sum to be ascertained by comparing the amount of
Inst. 58. tonnage with the rate of duty. 6 Wall. 31-
A tonnage tax is defined to be a duty levied on a.
TOLLSESTER. An old excise; a duty
vessel according to the tonnage or capacity. It is
paid by tenants of some manors to the lord a tax upon the boat as an instrument of navigation,
for liberty to brew and sell ale. Cowell . and not a tax upon the property of a citizen of the
state. 6 Biss. 505.
TOLSEY. The snme as "tollbooth." Also
TONNAGE-RENT. When the rent re-
a place where merchants meel; a local tri-
served by a mining lease or the like cousists
bunal for small civil causes held at the Guild-
of a r OYl:Ilty on every ton of minerals gotten
hall, Bristol.
in the m:ne, it is often called a "tonnage-
TOLT. A writ wbereby a cause depend- rent." There is generally a dead rent in ad-
ing in a conrt baron was taken and removed dition. Sweet.
Into a county court. Old Nat. Brev. 4. TONNAGIUM. In old English law. A
TOLTA. Wrong; rapine; extortion. custom or impost upon wines and other mer.
Cowell. chandise exported or imported, according to
a certain rate per ton. tipelman; Cowell.
TON. A measure of weight; differently
fixed, by different statutes, at two thousand TONNETIGHT'. In old English law.
pounds avoirdupois, (1 Rev. St. N. Y. 609, The quantity of a tall or tUll. in a Ship's
§ 35.) or at twenty hundred - weights. each freight or bulk, for which tonnage or tun-
hundrpd-we ight being one hundred and twelve nage was paid to the king. Cowell.
pounds avoirdupois. (Hev . St. (J. S. § 2951.) TONODERACH. In old Scotch law. A
TONNAGE. The capacity of a vessel thief-Laker.
for carrying freight or other loads, calculated TON SURA. Lat. In old English law.
tn tODS. But the way of estimating the ton- .A. sbaving, or polling; the having tb9- crOWD
TONSURE 1178 TOTAL LOSS

N of the bead shaven; tonsure. One of the pe- 1 veyance (e. g., feofi'ments, fine:l, pte.) kId the
culiar badges of a clerk or clergyman. effect of pass ing not merely the estate of the
person making the conveyance. but the whole
TONSURE. In old English law. A b ...
fee-simple, to the injury of th e person really
o tug shaven; the baving the head shaven; a
sbaven head. 4 BI. Comm. 367.
entitled to the fee; and tuey were hence called
"tortious conveyances." Litt. § 611; Co.
TONTINE. In French law. A species Litt. 271b, n. 1; ~30b, n. 1. But this opera·
of association or partnership formed among tion has been taken away. Sweet.
persons who are In receipt of perpetual or
P life annuities, with tlJe agreement that the
or
Tortura legum pess1ma.. The torture
wresting of laws is the worst [kind of
sbares or annuities of those who die shall ae.
crue to the snrvivors. This plan is said to torture.] 4 Bacon's Works, 434.
be thus named from Tonti, an Italian, who TORTURE. In old criminal law. The
invented it in the seventeenth century. The question; the infli ction of violent boclil.y pain
Q principle is used in some forms of life insur· upon a person, by means of the rack. wh eel.
ance. Merl. llepert. or other engine, under judicial sanction and
TOOK AND CARRIED AWAY. In Buperintendence. in connection with the in-
cl'iminal pleading. Technical worus neces- terrogation or examination of the person, as
R sary in an indictment for simple larceny. a meansof extorting a confession of guilt. or
of compelling him to discl ose his accom-
TOOL. The usual meaning of the word plices.
·'tool" is "an instrument of manual opera·
tiOD;" that is, an instrument to be used and TOR Y. Originally a nickname for the
S managed by the hand instead ot being moved wild
and
Irish in Ulster. Afterwards given to,
adopted by. one of the two great par-
and controlled by maChinery. 124 Mass. 420.
li amentary parties which have alternately
TOP ANNUAL. In Scotch law. An governed Grf'at Britain since tbe H.e\'ol uLion
annual rent out of a house built in 11 burgh. in 1688. Wharton.
T 1Vhishaw. A duty which, from the act The name was also given, in America, dur-
1551. c. la, appears to have been due from ing the struggle of the colonies for inde-
certain lands in Edinburgh. the nature of pendence, to the party of those resid ents who
which is not now known. Bell. favored the side of the king and opposed. Lhe
war.
TORT. 'Vrongi injury; the opposite of
rig ht. So called. according to LortI Coke. be- TOT. In old English practice. A word
cali se it is wrested. or crool{E~d. being contra- written by the [ol·eign opposer or other offi.
ry to that which is rigbL and straight. Co. cer opposito to a debt due tbe king. La de-
LiLt. 158b . note that it was a flood debt; which Wits
In modern practice, tort is constantly used hence said to be totted.
as an EngliSh word to d enote a wrong or
TOTA CURIA. L. Lat. In the old r ...
wrongful !lct, for which an action will lie, as
ports. The whole court.
disti nguished from a contract. 3 Bl. Comm.
117. TOTAL LOSS. In marJne insurance, a
A tort Is a legal wrong committed npon total loss is the entire des truction or loss , to
the person or property independent of con- the insured, of the subject-matter of the pol-
tract. n. may he t>ither (1) a direct invasion icy, by the risks ins ured against. An actual
of some legal right of the indi vidual; (2) the t otal l u s ~ is the absolute destru ctio n or per-
infracLion of some public dilLy by w hich spe- ishing of the subject, so that nothing re-
cial damage accrues to the individual; (3) the mai ns of U. Aconstructi've total loss occurs
violatlon of some pri vale ob!ig,~tion by w lIich wtwre the damage to the property is stich
like damage accrues to the indi vidual. In that, although it may still subsist in specie,
the former casp. 00 special damage is oeces· a!· there may be salvage from it or claims or
f!I!lrj' to entitle the party to recover . In the equities growing out of th~ circumstances ot
two latter cases. such damage is necessary. its loss, the assured bas the right. either by
Code Ga. 1882, § 2951. express stipulation or implication of law. to
abandon and surrender to the underwriters
T ORT·FEASOR. A wrong·doer; one
the s urviving portion of the property. or his
who commits or is guilty of a tort.
rights and claims in regard to it, and ther~
TORTIOUS. \Vrongfnl; of tile nature IIpon recover the same amount of iusurance
of a tort. Formerly certain modes of cou- as under an actual total loss.
TOTAL LOSS 1179 TOWN

In fire insurance, a total loss is the com- TOUJOURS ET UNCORE PRIST. L.


plete destl'Uction of the in s ured propE>rty by Fr. Always nnd still ready. This is the
fire. so that nothing of value remains from it; name of a plea of tender.
as distinguished from a partial loss, where
TOUR D'ECHELLE. In French law.
the property is damaged. but not entirely de- An easement consisting of the right to rest
8troyed. ladders upon the adjoining estate, when
Total 1088, in marine insurance, signifies the necessary in order to repair a parLy-wall or
total destruction of tbe thing insured, or such dam-
age to tbe thing insured as renders it., though it buildings supported by it.
may specifica.lly romaiu, of little or no value t.o Also the vacant. space surrounding a build·
the owner. 1 Mnss. 264. ing left unoccupied in order to facilitate its
An actuaL total lOBs is where the vessel ceases reparation wllen necessary. Merl. Repert.
to exist in specie, and becomes a .. more congeries
of planks, .. incapable of being repaired; or where, TOURN. In old English law. A court
by the poril insured against., it is placed beyond of record. having criminal jurisdiction. in
the control of the insured and beyond his power of
recovery. A constructive loss is where the vos- each county. held before the sberiff. twice a
ael remains in 8pecie, nod is susceptible or repairs year. in one place after another. follow ing a
or reco"ery, but at an expense, according to tho certain circuit or rotation.
rule of tho English common law, exceeding ita
va.lue when restored. 25 Ohio St. 64. TOUT. Fr. All; whole; entirely. Tout
The words "total loss," in their literal sense, temps prist, always ready.
mean complete pbysical annibilation and destruc-
t.lon of the thing, but, in a sense adopted in insur- Tout oe que 18. loi ne defend pas est
auce, tbey signify a loss which. is t-otal to the own- permis. EveryLhing is permitted which is
or; as where the goods are seized and taken away, not forbidden by la w.
or have beeD. rendered wortbless fo r tbo uses or
purposes Cor which they are designed. B Rob. TOUT TEMPS PRIST. L. Fr. Always
Adm. 528. ready. The emp hatic words of the old plf'a
TOTIDEM VERBIS. In so many word •• of tender; the defendant alleging that be hi\9
always beon rendy. and still is ready. to dis-
TOTIES QUOTIES. As often as occa-
cl"'rgo the debt. 3 Bl. COlDm. 303; 2 Salk.
sIon shall arise.
622.
TOTIS VIRIBUS. With all one'o might
TOUT UN SOUND. L. Fr. All one
or power; with all his might; very sLrenu·
sound; sounding the sarno; idem sonans.
ously.
Toute exception non Burveillee tend
TOTTED. A good debt to the crown,
I. e•• a debl paid to t.he sheriff, to be by him
a prendre 18. place du principe. Every
exception not watched tends to assume the
paid over to the king. Cowellj Mozley &
place of the principle.
Whitl ey.
TOWAGE. Tile act or service of towing
Tatum prrefertur unicuique parti. 3
ships and vessels, usually by means of a small
Coke, 41. The whole is preferable to any
steamer called a" tug." That which is gi\'cn
alngle part. for tOWing ships in rivers.
TOUCH. In Insurance law. To stop at Towage is the drawing a ship or barge along the
a port. If there be liberty granted by the water by another ship or boat, fastened to her. or
policy to touch. or to touch and stay. at an by men or hor ses, etc., 00 laud. It is also money
which is given by bargemen tathe owner or ground
intermediate port on th e passage. the beLter next l\ river, where they tow a barge or other ves.-
opinion now is that the insu red lllay t?'ade sel. Jncob.
there, when consistent with tile object and
T OWAGE SERVICE. Inadmiralty law.
the furthflrance of Lhe ad venture. by break·
A service rendered to a vessel. by towing.
ing bulk, or by dischartring and iaking in for the mere purpose of expediling her voy·
cargo. provided it produ ces no unneces8ary age. without refer ence to any circumstances
delay, nor enhances nor v.uies tbe ri sk. S of d<lIlger. It is confined to vessels that
Kent. Comm. 314. have received no injury or damage. 1 W.
TOUCHING A DEAD BODY. It was Rob. 177; 9 Fed. Hep. 53.
an ancient superstition that the body of a
murdtored man would blepd freshly when TO- WIT. ThaL is to say; namely; scilicet;
touched by his murderer. Hence. in old videlicet.
criminal law, this was resorted to as a means TOWN. In English law. Originally, a
of ascertaining the guilt or innocence of a vill or tithing; but now a generic term,
perSall suspected of the murder. which comprehends under it the several spa.
TOWN 1180 TRADAS LL"f BALLIUM

N cfes of cities. boroughs, and common towns. TOWN POUND. A place or conOn ..
1 Bl. Comm . 114. mcnt maintain ed by a town for estraya.
In American l aw. A civil and political TOWN PURPOSE. When it i. said

o division of a state. varyi ng in extent and im-


porlance. hut uSllally one of the di visions
of a county. In the New England states, the
that taxation by n town, or the expenditure
ot lhe town's money, must be for town pur..
poses, it is meant tbat the purposes must be
town is t he politicaillnit, and is a municipal public with respect to the town; i. e.• COll-
corporation. In some other states. where cer n thE'! welfare and advantage of the town
the county is the unit. tbe town is I"nerely as a whole.
p one of its subdivisions, but possesses some
TOWN -REEVE. The reeve or chief 061-
powers of local self-government. In still
at he I' ~tates. such s ubdivisions of a county ccrofa town.
nre called "townsh ips," and "tow n" is the TO WN TAX. Such tax as a to wn may
Dame of a village, borollgh, or smaller city. levy for its peculiar expensl's; as di stin-
Q lageA village aDd Iitown are not identical. A vil-
is ordinarily less tllan a. t.OWD, and more occu-
guished from a county or state tax.
pied by a.griCulturists; yet the two cannot be defi- TOWN TREASURER. The treaSllrer
nitely disLitlguished b)' the size of the place or em- of a town which is an organizetl municipal
ployment. of the inhabitll.nts. 4ii Iowa, 256. corporation.
R TOWN CAUSE. In English practice. TOWNSHIP. 1. In surveys of the puhllc
A cause tried at the sittings for Londou and lant.l of the United States, a "township" is a
Mjtlull:l~ex. 3 SLeph. COWin. 517. tlivi~iun of tel'l"itory six miles square, con-
taining th irty-six: sections.
S TOWN -CLERK. In those states wll ere 2. In SOl1l8 of the states, this is th e name
th e town is the unit for local sl'lf-govern- g iven to the civil a.nd political subdivisions
ment, the to wll-clerk is a principal officer of a county. See Tow:N .
who keeps th e records, issues calls for town-
meetings. and performs gent:!rally lhe duties TOWNSHIP TRUSTEE. One of •
T of a secretary to the pOlitical organization. board of officers to whom, in some staLes. af-
fairs of a townShip are intrusted.
TOWN COLLECTOR. One of the offi·
TOXICAL. Poisonous; containing poi.
cers (If a town charged with collecting the
son .
taxes assessed for town purposes.
TOXICOLOGY. Tbescienceof poisons.
TOWN COMMISSIONER. In some of
TRABES. Lat. In the civil law. A
the states where the town is the political
beam or mfter of a house. Calvin.
unit. the town commissioners constitute a
board ot administrative officers, charged In old English law. A measureof grain,
witL the general management of the town 's containing twenty-four sheaves; a thrave.
business. Spelman.
TRACEA. In old English law. The
TOWN- CRIER. An officer in a town
track or trace of a felon. by which he was
whose business it is to make proclamations.
pursued with the hue and cry; a foot-stept
TOWN-HALL. The building maintain ed hoof-print, or wheel-track. Bract. fols. 116,
by a town for town-m eetings and tlle offices 121b.
of the municipal authorities. TRACT. A lot, piece. or parcel of land.
TOWN-MEETING. Under tile munic- of greater or less size. the term not impol'Ling,
ipal organization of the New England states, in itself, any precise dimension. See 28 N.
the town-meeting is a legal assembly of the J. Law, 45.
qualifi ed voters of a town, held at stated in· Tractent fabrilia fabri. Let smiths per-
tervals or on cali, for the purpose of elt'cting form the worlr of smiths. 3 Co. Epist.
town officers, and of discussing anti deciding
on questious relaLing to the public business, TRADAS IN BALLIUM. YoudeEver
property, aml expenses of the town. to bail. In old English practice. The name
of a writ which might be issued in behalf at
TOWN ORDER or WARRANT. An a party who. upon the writ de odio et aUa,
official direction in writing by the auditing had Leen found to bave been maliciously ac-
officers of a town, directing the treasuJ.'er to cused of a crime. commanLiing the sheriil
pay a Bum of money. that, if the prisoner found twel Ya good and
TRADE 1181 TRADITIO

!awf111 men of the county who would be and standards of their trade, fixing prices or
mainpernors for him, be should delivel' him hours of labor, influenCing the relati ons of
in bail to those twelve. until the nextassize. employer and employed. enlarging or main-
Bract. fol. 123; 1 Reeve. Eng. Law. 252. taining their rights and privileges. and otber
TRADE. The act or business of excbang. similar objects.
ing commodities by barter; or the business TRADE-UNION ACT. The statute 34
or buying and selling for money; traffic; bar- & 35 Vict. c. 31. passed in 1871, for the pllr-
ter. Webster. pose of giving legal recognition to tr,Hle
The business which 8 person has learned unions, is known as tho "tmue-uni on act,"
and which be carries on for procuring sub- or "trade-union funds protf"ction act." It
sistence. or for profiti occupation, particu- pro\'ides that the members of a trade union
larly m echanical employment; distinguisbed shall not be prosecuted for conspiracy merely
from the liberal arte and learned professions, by reason that the rules of such union are in
and from agriculture. ld. restraint of trade; and that the agl'eenwuts
Traffic; commerce, exchange of goods for of trade union ~ shall not on that account be
other goods. or for money. All wholesale void or voidable. Provisions are also mnde
trade, aU buying in order to sell again by with reference tc the registration and regis-
wholes'IIe, may be reduced to three sorts: The tered offices of trade unions, and other pur-
home trade, the foreign trade of consnmption, poses connected therewith. Mozley &; Whit-
and the carrying trade. 2 Smith, 'VeaUb ley.
Nat. b. 2. c. 5.
TRADE USAGE. The usage or customs
TRA.DE DOLLAR. A silver coin of the
commonly obsel'ved by persons convel'sant in,
United States. of the weight of four hundred
or connected w ':' ~h, a particular trade.
anll twentr grains, troy. Uev. St. § 3513.
TRADE-MARK. A distinctive mark, TRADER. .A person engaged in trade;
motto, de'''ice. or eml>lem, whicb a manufact- one whose business is to buy and sell merchan-
urer stamps, prints. or otherwise affixes to dise. or any <:lass of goods, deriving a profit
the goods be produces, so tbat they lllay be from his dealings. 2 Kent, Corum. 3t!9; f::IO
identified in tbt' market, and their origin be N. C. 481.
,.ouched for. TRADESMAN. In England. a shop-
TRADE - MARKS REGISTRATION keeper; a small shop-keeper.
ACT. 1875. Tbis is tbe statute 38 & 39 In tho United States. a mechanic or ;uti.
Viet. e. 91. amended by the acts of 1876 and ficer of nny kind.. whose livelihood o ppe nds
1877. It provides for the establishment of a upon the lauor of his bands. 4 Pa. St. 472.
register of trade-marks under the superin- "Primarily t.he words' trader 1 and 'tradesman'
tendence of the commissioners of patents. mean one who t rados, nod they have been treated
and for the reg istration of trade-marks as be- by the courts in many instances as synonymous.
But, in their genel'a} application and usage, I think
longi ng to particular classes of goods, and for they describo different vocations. By 'trades-
their <lssign menL in connection with tile good- man' is usually meant. a shop-keeper. Such is the
will of the business in which they are used. definition given t he word in Burrill's Law Dic-
Sweet. tionary. ltis used in this sense by Adam Smith.
He says, (Wea1t.h of Nations:) 'A tradesman in
TRADE-NAME. A trade-name is a name London is obliged to hire a whole hou se in that.
which by user and reputation bas acquired part of the t.own where his customers live. I::lis
shop is on the ground flOOT,' etc. Dr. Johnson
the prow' rty of indicat ing that a certain trade gives it the same moaning, and quotes Prior and
or ol'cupation is carried on by a particular Goldsmith as authorities." 7 Biss. 156.
\'~l'son. The Harn e tuay be that of a per·
I)on, place. or thing, or it may be what is TRADICION. Span. In Spanish law.
called a "fancy name," (i. e., a name baving Delivery . ·White. New l{ecop. b. 2, tit. 2,
110 sense as appJieu to the particu lar trad e,) e.9.
or word invented tor the occasion, alld heW-
TRADITIO. Lilt. In the civil law.
Ing no sense at all. Seb. Trade-Marks, 37.
Delivery; transfer of possession; a deri va-
Sweet. tive molie of acquiring, by which the owner
TRADE UNION. A combination or as- of a corporeal thing, having the right and
sociation of men employed in the same tratle, the will of aliening it, transfers it for a law-
(usually a manual or mechanical trade,) unit- ful consideration to the receiver. Heinecc.
ed for the purpose of regulating the customs memo lib. 2. tit. 1. § 380.
TRADITIO BREVI MANU 1182 TRANSACTION

~ TRADITIO BREVI MANU. In the ward I., during bis absence in tlle Scotch and
civi11aw. A species of constructive or im- French wars, about the year 1305. They
plied delivery. \Vhen be who already holds were so styled. says Hollingshed, for trailing
possession of a thing in another's nama or drawing the staff or justice. Their office
agrees with that other that thenceforth be was to make inquisition, throughout the
O shall possess it in his own name, in this case kingdom, of all oilieers and others, touching
a delivery and redelivery !Lre not necessary. extortion, bribery, and such like griev!1llces.
And this species of delivery is termed .. t1'a- of intruders into other men's lands, barrators,
ditio brevi manu. I> Mackeld. Rom. Law, robbers. breall.ers of the peace, and divers
p § 284. other offenders. Cowell; Tomlins.
TRADITIO CLAVIUM. In the civil TRAINBANDS. The militia; the part
law. Delivery of keys; a symbolical kind of of a community trained to martial exercises.
deli very, by which the ownership of mer-
chandise in a warehouse might be transferred TRAISTIS. In old Scotch law. A roll
Q to 8 buyer. Inst. 2, 1, 44. containing the particular dittay taken up up-
on maleFactors, which, with the p01'teow', is
TRADITIO LONGA MANU. In the delivered by the justice clerk to the coroner.
civil law. A species of delivery which takes to the efl'ec·t that lhe persons whose names
R place where the transferor places the article are contained in the porteous DJay be at-
in the bands of th~ transferee, or, on his or- tached, conform to t he dittay contained in
der, lleli venJ it.. at ids house. Mackeill. Rum. the traisLis. So calle(l, because committed
Law. § 284. to the traist, [trust,] faith , and credit of the
Traditio loqui facit chartam. DeliVA clerks and coroner. Skene; Burrill.
S ery makes a deed speak. 5 Coke, lao De· TRAITOR. Olle who, being trusted, be-
Ii very gi ves effect to the words of a deed. trays; one guilty of treason.
Id.
TRAITOROUSLY. In criminal plead.
Traditio nihil smplius transferre de- ing. An essential word in indictments for
T bet vel potest, ad eum qui accipit, quam treason. The offense mllst be laid to have
est apud eum qui tradit. Deli very ought been co III m i tted traito1'ouslll. 'WbarL. Ori m.
to, and can, transfer nothing more to him Law, 100.
who receives than is \vith him who delivers.
Dig. 41. 1. 20. pro TRAJECTITIUS. Lat. In the civil
Ia w. Sent across the sea.
TRADITIO REI. Deliveryoftbething.
TRAM,8WAYS. Rails for conveyance of
See 5 Maule &, S. 82.
traffic along a road not owned, as a rail way
TRADITION. Delivery. A close trans- is, by those who lay down the rails and con·
lation or formation from the Latin" tradi- vey the traffic. Wharton.
tio." 2 Bl. Comill. 307. TRAMP. .A strolling beggar; a vagrant
The tradition or deli very is the transfer- or vagabond.
ring of the tiling sold into the power and pas-
.session of the buyer. Civil Code La. art. TRANSACT. III Scotch law. To com·
2477- pound. amb. 185.
TRADITOR. In old English law. A TRANSACTIO. Lat. In the civil law.
traitor; one guilty of high treason. Fleta. 'fhe settlement of a snit or matter in con-
lib. 1. c. 21. § 8. troversy, by the litigating parties, between
themselves, without referring it to arbitra·
TRADITUR IN BALLIUM. In old tion. Hallifax, Civil Law, b. 3, c. 8, no.
practice. Is delivered to bail. Emphatic 14. An agreement by which a suit. either
words of tlJe old Latin bail-piece. 1 Salle pending or about to be commenced. was for.
105. borne or discontinued on certain terms.
TRAFFIC. Commerce; trade; dealings Calvin.
in merchandise. bills, money, anti the like. TRANSACTION. In the civil law. A
transaction or compromise is an agreement be-
TRAHENS. Lat. In French law . The
tween twoor more persons, who, for prevent.
drawer of a bill. Slory, Bills, § 12, note.
ing or putting an end to a lawsuit, adjust
TRAIL· BASTON. Justices of trail· their differem:es by mutual consent, in the
b.\stOll were iustices appointed by King Ed- manner Which they agree OD, and which every
TRA1rSACTlON 1183 THANSIENT

one of th~m prefers to t!le bope of gaining. TRANSFEREE. He to whom 8 tran.·


balanced by the danger of losing. This con- fer is made.
tract must be reduced into writing. Civil TRANSFERENCE. iu Scotch law.
Cotle La. art. 3071. The proceeding to be taken upon the death
In common law. Whatever may be done of one of the parties toa pending suit, where-
by one person which affects another's rights, by l.heaction is transferred or continued. in
and out of which a cause of action may arise. its then condition. from the dec{'dent to his
18 Ran. 406. representatives. Transference is either act-
"Transaction" isa broader term than "con- ive. or passivej the former, when it is the
tract." A contract is a transaction, but a pursuer (plaintiff) who dies; the latter, upon
transaction is not necessarily a contract. the death of the defender. Ersk. lost. 4. 1,
70 Cal. 113, 11 Pac. Hep. 5B9. 60.
The transferring of a legacy from the per-
TRANSCRIPT. An official copy of cer- son to whom it was originally given to an~
tain proceedings in a court. 'fhus, any per- otherj this is a species of ademption, but the
son interested in a judgment or othor rec-
latter is the more general term, and includes
ord of a court can obtain a transcript of it.
cases not covered by the former.
TRANSCRIPTIO PEDIS FINIS TRANSFERROR. One who makes a
LEV ATI MITTEN DO IN CANCEL- transfer.
LARIUM. A writ which certified the foot
of a fine levied before justices in eyre. etc., in- Transferuntur dominia sine titulo
to the chancery. Heg. Orig. 669. at traditione, per usucaptionem, scil,
per longa.m continuam et pacificam
TRANSCRIPTIO RECOGNITIONIS possessionem. Co. Litt. 113. !tights of
FA C T 1E: COR AM JUSTICIARIIS dominion are transferred without title or de~
ITINERANTIBUS. Etc. An old writ to livery, by usucaption. to-wit, long and quiet.
certify a cognizance taken by justices in eyre. possession,
Reg. Orig. 152.
TRANSFRETATIO_ Lat. In old En-
TRANSFER, '0. '1'0 carry or pass over; glish law. A crossing of the strait. [of
to pass a thing over to another; to convey. Dover;] a passing or sailing over from Eng-
land to France. The royal passages 01' voy-
TRANSFER, n. The passing of a thing ages to Gascony, Brittany. and otlter parts of
or of property from one person to anuther; France were so call ed, and time was some-
alienation; conveyance. 2 Bl. Comm. 294. times computed from them.
Transfer is nn act of the parti es, or of the
law, by whi ch tbe title to property is con~ TRANSGRESSIO. In old English law.
veyed from one Ii ving person to another. A violation of law. Also trespassj tl1e ac-
Ci vi! Code Cal. § 1039. tion of trespass.
In procedure," transfer" is applied to an Transgres8io est cum modus non
action or other proceeding, when it is takPD servatur nec mansura. debit enim qui·
from the jurisdiction of one court or judge, libet in suo facto modum habere et men·
and placed under that of another. suram. Co. Litt. 37. Transgression is
wh en neither mode nor meaSlire is preserved,
TRANSFER OF A CAUSE. The re-
for every OU£I in his act ought to have a
moval of a cause from the jurisdiction of one
mode and measure.
court or judge to another by lawful author-
Ity. TRANSGRESSIONE. In old English
law. .A. writ or action of trespass.
TRANSFERABLE. A term used in a
quasi legal sense, to indicate that the char- Transgressione multiplicata, crescat
acter of assig nability or negotiability at- prenre infiictio. When transgression is
taches to the particular instrument, or that multiplied, let the infliction of punishment
it may pass from hand to hand, carrying all be increased. 2 Inst. 479.
rights of the original holder. The words TRANSHIPMENT. In maritime law.
"not transferable" are sometimes p"inted The act at takillg the cargo out of one ship
upon a ticket, receipt, or bill of lading. to aod loatling it in another.
show that the same wilt not be good in the
hands of any person other than the one to TRANSIENT. In poor-laws. A ··tran·
whom first issued. aient person" ia not exactly a person on a
TRANSIENT 1184 TRASSATUS
,
N journey from ODe known place to another. TRANSLATITIUM EDICTUM. In
but ru~ber a wanderer ever on the tramp. Roman law. The prretor, on his aecession t.'
6 Vt. 203; 51 Vt. 423. office, did not usually publish an entirely new
edict, but retained the whole or a part of tha\
In Spanish law. A "transient foreigner"
o II!! ODe who visits the country, without the
intention of remaining. 10 Tex. 170.
promulgated by bis predecessor. as being 01
an approved orpermaneutIy useful character
The portion tb us repeated or handed dOW1.
TRANSIRE, t). Lat. To go, or pass from year to year wm:J called the" edictum
over; to pass from one thing, person, or place t1'anslatitium." See Mackeld. RaID. Law,
p to another. § 36. ,
TRANSIRE, n. In Englisb law. A TRANSLATIVE FACT. A fact by
warrant or permit for the custom-house to means of which a right is transferred 01.'
let goods pASS. passes from one person to another; one. that
Q intoTransit in rem judicatam. It passes
a matter adjudged; it becomes con velted
is, which fulfills the douhle function of ter~
ruinating the right of one person toan object,
into a t'es judicata or judgmen t. .A. contract and of originating the right of another to it.
upon which a judgment is obtained is said to
TRANSMISSION. In the civil law. '£h.
pass in 1'em judicatam. 2 cumn. 436; 3
R East. 251; 18 J obns. 480.
right which heirs or legatees may have ot
passing to their Sllc(!eSSors tlle inheritance or
Transit terra cum onere. Land passes legacy to which they were entitled. if the!
8ubject to any burden affecting it. Co. Litt. happen to die without having exercised t.heir
231a,- Broom, Max. 495. 706. rights. Domat,llv. 3 , t.1,s,10; 4Toul!ier.
S TRANSITIVE COVENANT. One no. 186; Dig. 50, 17. 54j Code. 6, 51.
which binds not only the covenantor, but TRANSPORT. In old New York la,,'.
also passes over, witb Obligatory force, to his A cun veyance of land.
represelltati ves.
TRANSPORTATION. Tbe removal 0.1
T TRANSITORY. Passing from place goods or persons from one place to anot.her.
to place; that may pass or be changed from by a carrier.
one place to another; not confined to ODe
In criminal law. A species of punish-
place ; the opposite of "local."
ment consisting in removing the criminal
TRANSITORY ACTION. Actions are f rom his own country to another. (usually If
said to be either local or transitory. An ac- penal colony,) there to remuin ill exile for,li
tion is "local." when the principal facts all prescribed periou .
which it is founded pertain to a particular
place. An action is termed "transitory," TRANSUMPTS. In Scotch law. a ..
wb en the principal fact on which it is found- action of transumpt is an action competent
ed is of a tranSitory kind, and might be sup-
to anyone baving a partial interest io a
posetl to have happened anywhere; and there- writing, or immediate use for it, to support
fore all actions found ed on debts, contracts, his title or defenses in other actions. It is
anLl such like matters relating to the person directed agai nst the custodier of the writillJr.
or personal property, come unLler this hitter calling upon bim to exhibit it, in order that
denomination. Steph . Pl. 316. 317. a transumpt, i. e. , a caVY, may be judicially
made and delivered 1,0 tbe pursuer. Bell.
TRANSITUS. Lat. Passage from one
place to another; transit. In transitu, on TRASLADO. In Spanish la w. A copy ,
the passage, transit, 01' way. 2 Kent, Comm. a sight. \Vhite, New Uecop. b. 3. tit. 7. c. 3.
543, A copy of a document taken by the notary
from tne original, or a subsequent copy taken
TRANSLADO. Span. A transcript.
from the protocol. and not a copy taken di·
TRANSLATION. The reproduction in l'ecLly from the matrix or proto<.:ol. (Tex.)
one language of a book. document. or speech 16 S. W. Hep. 54.
deli vered in another language.
'l'be transfel' of property; blltin this sen8~ TRASSANS. Drawing; one who draws
it is seldom used . 2111. Camm . 294. The drawer of a bill of exchange.
In ecclesiastical law. .As applied to a TRASSATUS. One who is drawn, m
bishop, the term denotes his removal from drawn upon, The drawee of a bill of er-
one diocese to anotluH change. Heinecc. de Camb. c. 6, §§ 5, 6.
TRAVAIL lI8S TREASON

TRAVAIL. Tho act of child-bearing. A I


It Is the challenging, by a subject, of nn in -
woma.n is said to be in her travail from the quest of office, as being defective and untruly
time the pains of child~bearing commence - made. Mozley & Whitley.
unlil her delivery. 5 Pick. G3.
TEAVERSER. In pleading. One who
TRAVEL. To go from ODe place to an- traverses or denies. A prisoner or party in~
other at a distance: to journey; spoken of dicted; so called from his traversing the ill~
voluntary change of place. dictment.
TRA VELER. The term is used in a TRAVERSING NOTE. This is a plead-
broad sense to desig'nate those who patronize ing in chancery, and consists of 8 denial put
inns. Traveler is one who travels in any In by the plaintiff on behalf of the defendant.
way. Distance is not material. A towns- generally denying all the statements In the
man or neighbor may ue a t1'a\'eler, and there- plaintiff's bill. Tbe effect of it is to put the
fore n guest at an inn, as well as he who plaintiff upon proof of the whole contents of
comes from a distance or from a foreign his bill, and is only resorted to for the pur-
country, 35 ConD. 185. pose of saving tilne, and in a case where the
TRAVERSE In the language of plead- plaintiff can safely dispense with .lD answer.
ing, a traverse siguilies a denial. Thus, A copy of the note must be served on the de·
where a defendant denies any maLerial ajle~ fenaant. Brown.
gation of facL in the plaintiff's declaration, TREACHER, TRECHETOUR, or
be is said to trnverse it, and tile plea itself is TREACHOUR. A traitor.
thence frequently termed a "trdverse."
Brown. TREAD-MILL, or TREAD-WHEEL,
A common tra verse is a simple and direct is an instrument of prison discipline, being a
denial of the material allegaLions of the op- wheel or cylinder with an horizontal axis. hay.
po~ite pleading, concluding to the country, iog steps att;lChed to it, up which the pri8on~
and without inducement or absque hoc. ers walk, and thus put the axis in motion.
Gould, PI. 7, II. The men hold on by a fixed rail, aUtI, as thetr
A general tm verse is one preceded by a weight presses down the step upon whicb
geu6ral inducement, and denying aU that is they lread. they ascend the nex t step, and
last before alleged on the opposite side, in thus drive the wheel. Ene. Brit.
genf:lral tez:ms, insteall of puriiuing the words
TREASON. The offense of attempting
of tLe allegation wbich it denies. Id. 7, 5.
to overthrow tbe governmt' nt of tile state to
A. spedal tra\' erse is one Wllil,.,h commences
which the offender owes allf'giflnce; or of be·
with the words H absque hoc," and pursues
' traying the sLat.e into the hands of a foreign
the rnatf'riai portion of the words of the aUe--
power. Webster.
gation which it denies. Id. 7, 6.
In England , trt!Hson is an offense particu·
A traverse upon a traverse is one growing
lady directed ag:d nst tile person of lite sov·
out of the same pOint or subject·mattel' as is
ereign . and consists (1) in compassing or
emuraced in a preceding Lraverse on the other
imagining the death of the king 01' queen. or
Ride. Id. 7, 42n.
their eldest son and heir; (2) in violating lhe
In criminal practice. To putoff or delay king's companion, or the king's eldest daugb ~
the trial of an indictment till a succeelling ter unmarried, or the wife of the killg's t'ldest
term. .l\Iore J-lroperly. to deny or take il:)sue son and beil'; (8) in levying war against the
upon an indictment. 4 Bi. Comm. 351. king in his realm; (4) in adhering to the
TRAVERSE JURY. A petit jury; a king's enemies in his realm. giving to them
trial jury; a jury impauf'led to try an action aid and comfort in the realm 01' elsewhere.
. or prosecution. as distinguisbed from agranu and (5) slaying the chancellor. treasurer, or
jury. the Idng's justices of tbe oue bench or the
other, justices in eyre. or justices of assize,
TRAVERSE OF INDICTMENT or and all other justices assigned to hear and de~
PRESENTMENT. The tak ing issue upon
terminal being in their places doing their of~
and contradicting or denying Bomechief point
fices. 4 Steph. Comm. 1~5-I93; 4 Bl. Comm.
of it. Jacob.
76-84.
TEAVERSE OF OFFICE. The prov- Ii Treason against the United St;\tes shall

ing that aD inquisition made of lands or goods conSist only in levying war against them. or
h)' the escbeator is defecti va and untruly in adhering Lo their enemies, giving them aid
made. Tomlins. and comfort." U. S. Const. art. St § 3, cl. 1.
A.)t.DlCT.LAW-75
TREASON-FELONY 1186 TREBLE COSTS

N TREASON-]'ELONY, under the En- are deposited and kept, and where money II
glish statute 11 & 12 Viet. c. 12. passed in disbursed to defray the expenses of govern-
1848, is tIle offense of compassing, devising, ment. ·Webster.
etc., to depose ber majesty;from the crown; That department. of government which is

o or to levy war in order to intimidate either


hoqse of parliament, etc .• or to stir up foreign-
ers uy any printing or writing to invade Lhe
cbarged wiLh the receipt. custody, and dis-
bursement (pursuant to appropriations) or
the public revenues or fUUlls.
kingdom. This offense is punishable with
TREASURY BENCH. In the English
penal servitude for life, or for any term not
P less than five years. etc., under statutes 11 &;
house of commons, the first row of seats on
lhe right hand of the speaker is 80 called,
12 \' ict. c. 12, § 3; 20 & 21 Vict. c. 3, § 2; 27 because occ upied by the first lord of the
& 28 Vict. c. 47, § 2. By the statute first
treasury or principal minister of the crOWll.
above mentioned, tile guvemwellt is euaiJled
Drown.
to treat as felony many offenses which mllst
Q formerly have been treated as high treason. TREASURY CHEST FUND. A fund,
Mozley & Whitley. in England, originating in the unusual bal-
ances of certain grants of public money, and
TREASONABLE. Having the nature
which is used for banking and loan purposes
or guilt of treason. by the comrniasioners of the treasury. Its
R TREASURE. A treasure is a thing bid- amount was limited by St. 24 & 25 Vict. c.
den or buried in the earth. on which no one 127, and has been further reduced to one mill-
cp.n pro\·e his property. and wiJicb is discov- ion pounds, the residue being transferred to
er~d by chance. Oi vil Code La. art. 3423. the consolidated fnnd, by St. 36 & 37 Viet. c.
Spar.2. See THEA-SUllE- TROVE. 56. Wharton.
TREASURE- TROVE. Literally, treas- TREATY. In international law. An
Ufe found. Money 01' coin , gold, silver, plate agreement between two 01' more independent
or bullion found hidden in the earth or other states. Brande. An agreement, league, or
T private place, the owner thereof being UD- contract between two or more nations or
known. lEI. Comm. 295. Called in Latin sovereigns. formally signed by commission-
"theSaU1'tM inventus i" and in Saxon "fy1l.- ers properly authorir.ed, and solemnly rati-
dei'inga. " fied by the several sovereigns or the
supreme power of each state. Webster.
TREASURER. An officer of a public
In private law, "treaty" Signifies the dis-
or private corpor<ltion, company, or govern-
cussion or terms which immediately precedes
ment, charged with the receipt, custody. and
the conclusion of a contract or other trans-
disbursement of its moneys or funds.
action. A warranty on the sale of goods, to
TREASURER, LORD HIGH. For- be valid. must be made during the "treaty"
merly the chief treasurer of England. who preceding the sale. Chit. Cont. 419; Sweet.
had charge of the moneys in the exchequer. TREATY OF PEACE. A treaty of
the chancellor of the exchequer ueing under peace is an agreement or contract made by
him . He appOinted all revenue officers and belligerent powers, in which they agree to
escheatol's, and leased crown lands. The lay down their arms, and by which they
omce is obsolete, anl1 his duties are now per- stipnlate the conditions of peace- and regu-
formed by the lords commissioners of the late the manner in which it is to be restored
treasury. SLim. Gloss. and supported. VaLLeJ, b. 4, c. 2, § 9.
TREASURER OF A COUNTY. See
TREBELLANIC PORTION. "In con-
COUNTYTRE.asUUEH.
sequence of this article, the trebel1anic por~
TREASURER'S REMEMBRANCER. tiOD of the civil law-that is to say, the por-
In English law. He whose charge was to tion of the property of the lestator which the
put the lord treasurer and the rest of the instituted ueir had a right to detain when he
judges of the exclwqller in rememiJranee of waS cbarged with a fidei commissa or fidu-
SUell things as were called on and dealt in ciary bequest-is no longer a part of our
for the soyereign's behoof. There is still law." Civil Code La. art. 1520, par. 3.
one in Scotland. Wharton.
TREBLE COSTS. In practice. A rat.
TREASURY. A place or building in of costs given in certain actions. consisting,
which stores of wealth afe reposited ; par- according to its technil:al import, of the com.
ticularly, a place wbere the public revenues mon costs. half of these, and bal[ of tbt! lat..
TREBLE COSTS 1187 TRESPASS TO TRY TITLE

tor. 2 Tidd. PI'. 988. The word l'trelJle." we live; and this, whether it relates to a man's
in this applica\'ion, iR not understood in its person or to his property. In Its more Umited and
ol'dinary senRe, it signifies an injury committed
literal sense of thrice the amount of single with violp;Dce, a.nd this violence may be eitber act-
costs, but signifies merely the addition to- ual or implied; and the law will imply violence
gether of the three sums fixed as above. Id. though nOne is actunlly used, when the injury ill
Treble costs have been abolished in England, of a direct and immediate kind, and committed on
the pel'son or tang ible and corporeal property,of
by St. 5 & 6 Viet. e. 97. the plaintiff. Of actual violence, an assault and
In American law. In Pennsylvania the ba ttery is an instance; of implied, a peaceable but
rule is different. 'V hen au act of assembly wrongful entry upon a persou's laud. Bl'own.
gives treble costs. the party is allowed three A continuing trespass is one which is per-
times the usual costs, with the exception manent in its naturej as, wh('re a person
that the fees of the officers are not to be builds on his own 1and so that part of the
trebled when they are not regularly or usually building overhangs his neighhor1s land .
payable by the defendant. 2 Rawle, 201. In practice. .A form of action, at the
TREBLE DAMAGES. In practice. common law, which lies fol' redress in tbe
Damages given by statute in certain cases, shape of money damages for any unlawful
cons isting of the single damages found by the injl1ry done to the plaintiff, in respect either
jury, actually tripled in amount. The USU1\l to his person, property, or rights, by the im-
practice has been for the jury to Ond the mediate force and violence of the defendant.
Single amount of the damagt!s, and for the TRESPASS DE DONIS ASPORTA·
court, on motion. to order that amount to be
TIS. (Trespass for goods carried away. ) In
trebleil. 2 Tidd, Pro 893, ~94.
practice. The technical name of that species
TREBUCKET. A tumbrel, castigatory, or action of trespass for injuries to personal
or cucking-stool. property which lIes where the injury con-
sists ill cauyiny awal! the goods 01' property.
TREET. In old English lalV . Fine See 3 BI. Comm . 15U, 151.
wheat.
TRESPASS FOR MESNE PROFITS.
TREMAGIUM. TREMESIUM. The A form of action supplemental to an action
season or time of sowing summer corn, be- of ejectment, brollgllt against the tenant in
ing about March, the third month, to which
possession to recover the profits which lIe has
the word may allude. Cowell.
wrongfully received during the time of his
'I'res faciunt collegium. Three mnke a oc.:CupallOll. 3 HI. Comill. 205.
corporation; three members are requisite to
constitute a corporation. Dig. 50, 16, 8; 1 TRESPASS ON THE CASE. The form
BI. Comm. 469. of action, at common law. adapted to the re-
covery of damages for some injury resulting
TRESAEL. L. Fr. A great-great-g rand- to a party from the wrongful act of another,
father. J3ritt. c. 119. Otherwise written unaccompanied by direct or immediate force,
"t1'e.~aiel. 1I and "tnM'ayle. 1t 3 RI. Comm . 01' which is the indirect or secondary conse-
186; Litt. § 20. quence of such act. Commonly called, by
TRESAYLE. An abolished writ sued abbrev iatio tl, .. Case. II
on ouster by abatement, on the death of tbe
TRESPASS QUARE CLAUSUM
grandfather 1 s grandfather.
FREGIT. '''frespass wherefore he broke
TRESPASS. Any misfeasance or act of the close." Thecoilllllon-law action for dam-
one man whereby another is injuriollsly agl:'s for an unlawful entry or trespass upon
treated or damnified. 3 BJ. Coium. 208. the plaintiff's land. In the Latin form of
An injury or misfeasance to the person, the writ, tbe defendant was called upon to
property, or rights of another person, done show why he broke the plaintiff's close; i, e.,
with force and violence, either actual or im- the r eal 01' im aginary !ltructure inclosing the
plied in law. land, whence the name. It is commonly ab-
In the strictest sense, an entry on another's breviated to .. t1'e!:.pass quo cZ. fr."
ground, without a lawful anthority, and do--
ing some damage, however inconSiderable, to TRESPASS TO TRY TITLE. The
hIS real property. S HI. ComlD . 209. name of the action used in several of the
states for the recovery of the possession of
Trespuss, 1n its most comprebensive sense, sig-
nifies any transgression or offense aga.inst the law real property, with damages for any trespass
of nature, of society, or of the country in whioh committed upon the same by the defendant.
TRESPASS
, VI ET ARMIS 1188 TRIAL BY PHOVISO

N TRESPASS VI ET ARMIS. Trespass the court in Which the actio n is brought.


with force and arms. The com mon-Ia w ac- Brown. See 2 Tidd, Pro 747; Steph. PI. 84.
tion for uamages for s.oy injury committed TRIAL AT NISI PRIUS. I n practice.
by the defendant witb direct and immediate The ord inary Idnd of trial which takes place
o force or violence against the plaintiff or his
property.
at the sittings. aS5izes, 01' circuit, beforeasln-
gJe jUdge. 2 Tidd, Pl'. 751. H19.
TRESPASSER. One who hnscommitted
TRIAL BY · CERTIFICATE. A form
trespass ; one who unlawfully enters or in-
of trial allowed in cases wh ere the eviJence
tru des upon another's land, or unlawfully
P and forcibly takes another's per::;onal proper-
of the person certifying was the only proper
criterion of the point in dispute. Under
ty.
such circumstances, the issu e might be de·
T RESPASSER AB INITIO. Trespass- term lned by the certificate alone, Lecause. it
er fI'om tile beginning. A term applied to sen t to a jury, it would be conclus ive upon
Q a tort-feasor w hose acts relate back so as to them. and therefore their intervention was
make a previ ous act. at the time innocent, unnecessary. Tumlins .
unla wfllI; as, if be enter peaceably. an!1 sub-
sequently commit a ureach of tbe peace, his TRIAL BY GRAND ASSIZE is a pe-
entry is considered a trespass. SLim. Gloss. culiaI' mode of trial allowed in writs of rIght.
R See ASSIZE; GRAND A SSIZE.
TRESTORNARE. In old English law.
To turn aside; to divert a stream from its TRIAL BY INSPECTION OR EX-
course. Bract. fols . 115. 234b. To turn or AMINATION is a fOl'lll of trial in wiJicb
, ·the judges of the court. upon the testimony
alter the course of a road. Cowell.
S TRESVIRI. Lat. In Romaillaw. Offi- put••
of their own senses, decide tbe point in dis-

cers who had tile charge of prisons. aud the


TRIAL BY JURY. A trial in which
execution of condemned criminals. Calvin.
the issues of fact are to be determined by Lhe
T TRET. An allowance made for the water veruict of a jury of twelve men, duly selected,
ordust that may be mixed with any commod- impaneled. and B worn.
ity. It differs from tan, (q. v.) 'l'be terms "jury" and "trial by jury" are, nnd
for ages have beon, well known in the language of
TRETHINGA. In old English law. A the law, 'fhey \Vel'e used at tbe adoption of the
tri thingj the court of a tritiling. constitution, and always, it is believed, before that
time, and ulmost always since, in a single sense.
TREYT. \Vithul'awn. as a juror. Writ- A jury for the trial of a cause was a body of twelve
men, described as upright, well-qualified, and law-
ten also t,'eat. Cowell. ful men, disinterested anu impartial, not of kin
nor personal dependents of oit,ber of the parties,
TRIA CAPITA, jn Homan law, weI's baving their homes within the jurisdictional lim-
civitas, Ubertas, and familia,. i. e., citizen- its of the court, drawn and selected by officers
ship. freedom, and family rights. free from all bias in favor of or against either
party. duly impaneled under the direction of a
TRIAL. The examination before a com- competent court, sworn to render a true vel'dict
petent tribunal. according to the law of tile accoruing to the law and t.he evidonce given them ,
land, of the facts or law put in issue in a who, after bearing the parties und theil' 6vid()nce,
aud roceiving the inst.ructions of the court relative
cause, for the purpose of determining such is- to the luw im'olvcd in the trial, and deliberating,
su.. 32 Cal. 267; 4 blaso n, 232; 39 Ind. L when necessary, apart from all oxtraneous infln-
A trial is the judicial examination of the ences, must retu.rn their unanimous verdict upon
issues between the parties. whetlJer they be the issue submitted to tbem. All the books of the
law describe a trial jury substantially as we ha.vo
issues oC law or of fact. Code N. Y. § 252; stated it; anel a "tria.l by juryll is a trial by suoh
Code N . C. § 397. a body so constituted nnd conducted. 11 Nev. eo.
The examination of a causa, civil or crim-
inal, befOl'e a judge who has jurisdiction TRIAL BY PROVISO. A proe.eding
over it. according to the laws of the land. 1 allow t::d where the plaintiff in an action de-
lnst. 124. sists from prosecuting his snit. and does not
bring it to trial in cOllvenient time. The
TRIAL AT BAR. A species of trial defendant, in such case. may take out the
now seldom resorted to. excepting in cases 'veni1'e facias to tbe sheriff, containing these
where the matter in dispute is one of great words. "p1'oviso quod," etc.• i . e" provided
importance and difficulty. It is a trial which that. If plaintiff tal<e out any writ to that
takes place before ail the jUdges at the bar of purpose, the sheriff shall summon but one
TRIAL BY TilE RECORD 1189 TRINEPOS

lury on them both. This Is caned "going to In Roman law. An elevated seat occu·
trial by proviso. n Jacob, tit. "Proyiso. II pied by the prretor. when he judged. or heard
causes in form. Originally n kind of stage
TRIAL BY THE RECORD. A form made of wood in the form of a s'lllare, and
of trial resorted to where issue is taken upon ruov:lble. but afte nva nls built of stone in
& plea of n.ul tiel 'ree01'd. in which case th e
the form of 8 semi·circle. Adams, Rom.
party asserti ng the existence of a recoro as
Ant. 182, 133.
plr aded is bound to p roduce it in court on a
day assi g ned. If the record is forth coming, TRIBUNAUX DE COMMERCE. In
the issue is tried by inspection and e x a mina~ French law. Certain courts com posed of a
tion of it. If the record is Dot prodllced. preSident, jUdges, and substitutes, which take
judgment is given for his ad versary. S HI. cognizance of all ~ es between merchants,
Comru . 3;JO. and of disagreements among partners. Ap.
peals lie from them to the "courts of justice ~
TRIAL BY WAGER OF BATTEL. Brown.
This was a species of trial introduceu into
England. among other N orman customs. by T RIB UTE. .A contribution which is
William th e Conqueror, in whi ch the pe rson raised by a prince or sovereign from his s ub-
accused fought with his accuser, uncler the jects to sustain the ex penses of the state.
appreh ension that Heaven would give the A SUIll of money pa.id by an inferior sover·
victory to him who was 1n the right. 3 Bl. eign or state to a su perior 'potentate, to se-
Corom. 837-34l. cure the friends hip or protection of the latter.
Braude.
TRIAL BY WAGER OF LAW. In
old English law. A method of trial, wh r re TRICE SIMA. An ancient custom in a
the defendant, coming into court. made oath boroug h in the county of Hereforcl, so called.
that he d id n ot owe th e claim demanded of because thirty burgesses paid hI. rent for
him. and eleven of his neig llbors , as com· their houses to the bishop. who was lord of
purgators. swore that they believed him to the manor. Wharton.
speak the truth. S BI. Comm. tl43. See TRIDING·MOTE. The court helel for a
WA GER OF LAW. triding or trithing. Cowell.
TRIAL BY WITNESSES. Tbe name TRIDUUM. In old English law. The
Utrial pe1' testes" has been used for a trial space of three days. Fleta, liiJ. 1, c. 31, § 7.
withollt th e intervention of ajury, is the only
method of triallmown to the civil law, Hud TRIENNIAL ACT. An act limiting
is adopted by deposi lions in chancery. The the duration of every parliam ent to three
judge is thus left to form, in his own breast, years, 1I1llesssoonerdissolved. It was pa~ s ed
his sentence upon the credit of th e witn esses by the long parliament in 1640, and after~
examined. BuL it is very rarely used at wards r epealed, and the t~rm was tixed at
common law. Tomlins. seven years by Lhe seplennial act, (St." 1 Gea.
r. St. 2, c. 38.)
TRIAL LIST. A list of cases marked
down for trial for anyone term. TRIENS. Lat. In Roman law. A sub·
division of the as. containing" four ul1cire ;
TRIAL WITH ASSESSORS. Admi· the proportion of four~t, w e Hths or one·third.
ralty actions involving nautical questions, 2 Bl. Comm. 462, note?n. A copper coin of
e. g., actions of collision, al'e gen erally tried in the val li e of one·ibird of the as. Brande.
England before a judge. wilh TriniLy !rl.asters In feudal law. Dower or third. 2 Bl.
Bitting as assessors. H.osc. Adm. 179. Comm. I29.
Triatio ibi semper depet fieri. ubi TRIGAMUS. In old Englisb law. One
juratores meliorem possunt habere no· who ha':J been thrice married; one wh o. at
titiam. Trial ought always to be 11ad wh ere different tim es an (i s uccessively, has had three
the jurors can hf\ve the best information. 7 wives; a trigamist. 3 Illst. 88.
Coke, 1.
TRIGILD. In Saxon law. Atriplegild,
TRIBUERE. Lat. In the civil law. To geld, (ll' payment; three times the value of a
gIve; to distribute. thing, paid us a composition or satisfaction.
TRIBUNAL. Tbe seat of • JUdge; the Spelman.
place wll ere he aclmi nisters justice; a judicial TRINEPOS. Lat. In the civil law. A
court; the bench of judges. greaL-grandson1s or great·granddaughter'8
TRINEPTIS 1190 TRIVERBIAL DA.YS

N great--grandson. A ma1e descendant in the to which there are three several parties. (ot
the first, second, and third parts,) and which
sixth degree. Inst. S, 6, 4.
is executed in triplicate.
TRINEPTIS. Lat. In the civil law.
A great-grandson'B or great-granddaughter'" TRIPLICACION. L. Fr. I. old plead-
o great-granddaughter. A female descendant
in the sixth degree. Inst. S, 6, 4.
ing. A rejOinder in pleading; the defend·
ant's answer to the plaintiff's replication.
Britt. c. 77.
TRINITY HOUSE. In English Jaw.
A society at Deptford Strand, incorporated TRIPLICATIO. In the civil law. The
P by Hen. VIII. in 1515, for the promotion of reply of the plaintiff to the rejOinder ot the
defendant. It correspunds to the sUl'l'ejoin~
commerce and navigation by licensing and
reg ulating pilots, and ordering and erecting del of common law. lnst. 4. 14; Bract. 1. 5,
beacons. light·bouses, buoys, etc. Wharton. t. 5, c. 1.
TRIPLUM. Lat. In the civil law.
Q renTRINITY MASTERS are elder breth-
ot the Trinity House. If a question aris- The triple value ot a thing. Actio in t1'ip-
ing In an admiralty action depends upon lum, an action for the triple value. lust. 4.
technical skill and experience in naVigation, 6, 21, 24.
the judge or court is usually assisted at the TRIPLY. In Scotch practice. A plead-
R hearing by two Trinity Masters, wilo sit as ing corresponding with the Latin "triplica-
assessors, and advise the court on questions tio," from which the term also was taken. b
of a nautical cilaractel·. 'Villiams & B. Adm. How. State Tr. 478.637.638.
Jur. 271; Sweet.
TRISTRIS. In old forest law. A free-
s TRINITY SITTINGS. Sittings of the
English court at appeal and of the high court
dom from the duty of attending the lord of a
forest when engaged in the chase. Spelman.
of justice in London and Middlesex, com·
TRITAVIA. Lat. In the civil law. A
mencing on the Tuesday after 'Vhitsun
great-grandmother's great-grdndrnother; the
week, and terminating on the8Lb of August.
female ascendant in tho sixth degree.
T 'l'RINITY TERM. One of the four TRITAVUS. Lat. In the civil lnw. A
terms of the English courts of common law , great-grandfather's gl'eat-gl'imdfather; the
begi nning on the22d. day of May, and ending male ascendant in the sixth degree.
all the 12th of June. 3 Staph. Comm. 562.
TRITHING. In Saxon law. Oneof tho
TRIlHUMGELDUM. Inolcl European territorial divisions of England, bei ng the
law. An extraordinary kind of composition third part of a county. and comprising three
for an offense, consisting of th1'ee timts nine, or more hundreds. \Vitbin tile trithing there
or twenty-seven times the single geld or pay- was a court heJJ (called "trithing-Illole")
ment. Spel man. which resemuled the comt-Ieet, but was infe-
TRINODA NECESSITAS. In Saxon rior to lhe county court.
law. A threefold necessity or burden. A TRITHING-MOTE. Tbe court held for
term used to 'denole the three thi ngs from a trithing or riding.
contributing to the performance of which
no lands were exempted, viz., pontis repa1'a- TRITHING-REEVE. The officer who
tio. (the repair of bridges.) al'cis aonstrlLctio, superintended a tl'ithillg or riding.
(the building of castles,) el expeditio contra TRIYMVIR. In old English law. A
hostem, (military s~rvice agaillst an enemy.) tritiling man or constabJe of three hundred
1 Bi. Comlll. 263. 357. Cowell.
TRIORS. In practice. Persons who are TRltrMVIRI CAPITALES. In Roman
appointed to try challenges to jurors. i. e., to law. Officers who bad charge of the prison,
hear and determine whether a juror chal. thl'Ough whose intervention punishments
lenged for favor is or is not qualified to serve. were inflicter.!. Tiley had eight lictors to ex·
The lord.'> chosen to try a peer, when in- ecute their orders. Yicat. Yoc. Jur.
dicted for felony, in th~ court of the lord
TRIVERBIAL DAYS. In the civil law.
high steward, are also called "triors."
Juridical days; days allowed to the prretor
Mozley & Whi tier.
for deciding causes; days on which the prLCtor
TRIPARTITE. In conveyancing. Of might speak tile three characteristic UYJ7'd,s
three partsj a term applied to an indenture of bis office. viz .• do, dico , addico. Calvin.
TRIVIAL 1191 TRUST

Otherwise called fldles/asti." S Bl. Comm. gaged in certain trades, espeCIally iron and
424, and note u. metal works, quarries. cloth, sill~, and glass
ma.nufactories. It does not apply to domes-
TRIVIAL. Trifling; inconsiderable; of
tic or agricultural servants. Sweet.
small worth or import~nc6. In equity. a de-
murrer willlia to a bill on the ground of the TRUE. Conformable to tact; correct; ex-
tri"viality of the matter in dispute, as being act; actual; genuine; honest.
helmv the dignity of the court. 4 BOllY. "In one sense, that only is true which Is oon·
Inst. no. 4237. formable to the aotual state of things. In that
sense, a statement i8 untrue which does not ex-
TRONAGE. In English law. A cus- press things exactly as they are_ But in another
tomary duty or l-oll for weighing wool; so nnd broader SOllse, the word' true' is otten used
as a sYllonym of I bouest,' • 8incel-e,' • not !raudu-
called because it was weighed by a common lent.'" 111 U. S_ &15,4 ~up_ Ct. RAp. 466.
trona. or beam. Fleta. lib. 2. c. 12.
T RUE BILL. In criminal practice.
T RON ATO R. A weigbcr of wool. The indorsement made by a grand jury upon
Cowell. n bill of indictment, when they find it 8US~
TROPHY MONEY. Money formerly tained. by the eviuence laid before them, and
collected and raised in London. aud the sev- are satisfied of the truth of the accusation.
eral counties of England. towards providing 4 Hi. Comm . 306.
barness and maintenance for the militia, TRUE, PUBLIC. 4,ND NOTORIOUS.
etc. These three qualities nsed to be formally
TROVER. In common-law practice, the predi c<lted in the libel in the eccl eSiastical
action of trover (01' trover and conversion) COUl'ts, of the charges which it contained, at
is a species of action all the case, and orlgi- the end of each article severaJ1y. \Vharton.
naUy lay for the recovery of damages against TRUST. An equitable or beneficial right
a perS(lD who had lound another's goods and or title to land or other property, held for the
w~ongfully converted them (,0 his OWD use.
beneficiary by another person, in whom re-
Subsequently the allegation of the loss of the sides the legal title or ownership, recognized
goods by the plaintiff and the finding of them and enforced by chancery courts.
by the defendant was merely fictitiou~, and
An obligation upon s. person, arising out of a
the action became the remedy for any wrong- conUdence reposed in him, to apply property faith-
ful inte-rCerence wiLh or detention of the fully, und according to such confidonco. \Villis,
goods of another. 3 Steph. Coillm. 425. 'I'rustee!'!, c. 1, p. 2.
Sweet. "A trust, in the general and enlarged sensa, is a
right on the part of the cestui. que trust to receive
TROY WEIGHT. A weight of twelve tho profits, and to dispose of the lands in equity."
ounces to tbe ponnd, baving its name from 4 Kell~ Comm. 804..
Troyes, a city in .A.ube, It-'rauce. Classification. Trusts are either expres!
or implied,- the former being trllsts wltich
TRUCE. In international law. .A. SUB· are created in so many fit and appropriate
pension or temporary cessation of hostilities terms; the latter being trusts founded on the
by agreement between uelligcl'ent powers; an presuma.lJle, though unexpressed, intention
armjstice. Wheat. Int. I.aw, 442. of the party who creates them.
TRUCE OF GOD. In medieval law. Express trusts are those created aud manifestGd
A truce or suspension ot arms promlligated by ag-reement of the parties. Implied trusts ~re
sucb us are inferred by law from the nature of the
by the church. putting a stop to private hos-
transaction, or tbe conduct o! the parties. Code
tilities at certain periods or during certain Ga. 1882, § 2309.
sacreu. seasons.
Trusts are also either executed or execu-
TRUCK ACT. In English law. 'Ibis t01y. An execlltrd tru st is one which tbe
name is given to the statute 1 & 2 Wm. person creating it has fnlly and finally de-
IV. c. 37, passed to abolisb what is com- clared, whence also it is called a "cl)mplete"
monly called the "truck system," under trust; while an executory trust is one which
which employers were in the practice of pay- thl;:l person creating it bas not fully or finally
ing the wages of their work people in goods, declared, but hns given m erely an outline ot
or of requiring them to purchase goods at it by way of direction to the convayancer.
certain shops. This led to laborers boing whence also it is called sometimes an "in-
compelled to tnke goods of inferior quality at complete" and sometimes a "directory" trust.
H high price. The act applies to all artifi- Brown.
cers, workmen, and laborers, except those eu- Trusts are again classified as special (or
TRUST 1192 TRUSTEl; IN BANKRUPTCY

N active) and slmple.(or passive, or dry.) The


8pecial trust is where the machinery of a
the purpose of regulating the supply and price
of commodities. etc.
trustee is introduced for the execution of
some purpose particularly pOinted out, and TRUST-DEED, 1, A epecies of mort-
the tru stee is not. as before. a mere passi V8 gage given to a trustee for the purpose of 9(1"
O depositary of the aslate, but is called upon to curing a numerous class of creditors. as the
ex~rt himself actively in the execut iouof the bondholders of a railroad corporation. wilh
settlor'p intention; as where ac.onveyance is power to foreclose and sell on failure of !.he
to trustees upon trust to sell for pay ment of payment of their bonds. notes, 01' oLher claims.
P dellts. Lewin, 'frusts, 18. A simple trust 2. In Borne of the states. and in the Dis-
18 one which requires the performance of no trict of Columbia. a trllst~deed is a security ra-
duty by the trustee to carry out the trust, semLling a mortgage, being 8 conveyance of
but by force of wllich the mere legal title lands to trustees to secure tile payment or a
rsslis in tue trustee. debt, with a power of sale upon liefalllt, and
Q Trusts are also either voluntary or in'IJol-
untalJ"y. A voluntary trust is lin obligation
upon a trust to apply the net pl'OCeeUB to pay-
ing the debt nnd to turn over the surplus to
arising out of a personal conlith:llce reposed the grantor.
in. and voluntarlly accl!pted by, one for the
bf.:'nefit of another, An involuntary trust is TRUSTEE. The person appointed. or
R on~ which is creatf>d by operation of law, required by law. to execute a trust; one in
Civil Code Cal. §§ 2216, 2217, WllOlll an estate. interest. 01' power is vested,
According to another use of Lhe term, "vol~ un der an express or implied agreement to ad-
nntary trusts" are such as are m<lde infa\'or minister or exercise it for the benellt or to
S of it volunteer; that is, n person who gives tbe use of another.
"Trustee" is also used in a wide and per-
nothing in exchange for the trllst, bllt rc-
cpi\'es it as 8 pure gift. And in this use the haps inaccurate sense, to dellote that a per-
term i!'i liistinguislled from ,; trusts for val ue, " son has the duty of carrying outa transaction.
the latter being such as are in favor of pur- in which heand another person are interested,
T chasers, mortgagees. etc.
Oon.~truct-ice trusts are !'illch as are found-
in such manner as will be most for the bene-
fit of the lattel', and not in Btlch a way that
ed neiLher on lin expressed nor on auy pre- he himself mIght be t!'mpted, for the sake of
sumable intention of the party. but which bis personal advantage. to nt.'glect the inter-
lire raised by contJtl'tlction of eqUity without ests of the other. In this sense, directors of
any regard to in tention, and simply for the cOlUpanies are said to be "trust.ees for the
purpose of satisfying the demands of jusLice shareholders. It Sweet.
nnd good conscience. Brown.
TRUSTEE ACTS. Tile siatntes 13 & 14
Public trusts. "Dy 'public' must be
Viet, c, 60, passed in 1850, and 15 & 16 Viet,
und erstood such as are constituted for the
c. 55, passed in 1852, enabling the COl11't at
benefit either of the public at large orof some
chancery. without bill filed, to appoint ll ew
conside rable portion of it <l.mHvering a partic-
tru stees in lieu of any who, all account of
ular de::;cription. 'fa this class belong all
death, lunacy. nlJsencc, or otherwise, nre un-
trusts for chm·itable purposes, and indeed
able or unwilling to act as such ; and nlso to
'public trusts' ;:\nd ·cbaritalJIt· trusts' may be
make vesting orders by which legal estates
considered in general as synonymous expres-
and rights may btl transferred from the uld
sions." LeWin, Trusts, 20.
t.rllst(~e or trustees to the itew trust(le or
Private trusts. ,. In pri vate trusts the trustees so appoint<!d. Mozley &Wbitley.
beneficial interest is vestr.d absolutely in one
or more individuals, who are, or within a TRUSTEE EX MALEFICIO. A per-
~ertain time may be. definitely ascertained. son who, being guilty of wrongful or fraudu.
and to whom, therefore, collectively. unless lent conduct. is held by equity to the duty
tlIHlcr some legal disal.lility, it is, or within and liability of a trustee. in relation to the
the allowprl Jimit will be, compete nt to con· suhject~matter, to prevent him from profiting
trol. modify. or determine the trust_ II Lewin. by bis own wrong.
Trusts, 20.
For a discllsslon of the differencE's between TRUSTEE IN BANKRUPTCY. A
"trust" and "use." see 50 N. H. 491. trustee in bankruptcy is a person in whom
In mercantile law. An organization of the property of i~ bankrupt is vested in trust
persons or corporations, formed mainly for for the creditors.
TRUSTEE PROCESS 1193 TURNPIKE ROADS

TRUSTEE PROCESS. Tbenamegiven, ' misdemeanor, and consisted in more than


In the New England states. to the process of twenty persons signing any petition to the
garnishment or foreign attachment. crown or either house of parliament for the
alteration of matters established by law in
T R U S TEE RELIEF ACTS. The church or state, unless the conlents thereat
Btatute 10 & 11 Viet. c. 96, passed In 1847, bad been approved by three justices, or tbe
and statute 12 & IS Vict. c. 74, passed in maj ority of the grand jury at assizes or
1849, by which a trustee 18 enabled to pay quarter sessions. No petition cOlilel be
mon t:'y into court. in cases where a difficnlty deli vered by more than ten persons. 4 Bl.
arises r especting the title to the trust fund. Comm, 147; Mozley & Whitley.
Mozley & IV billey.
TUN. A measure of wine or all. con-
TRUSTER. In Scotch law. The maker taining four hogsheads.
or creator of 8 trust..
TUN GREVE. A town-reeve or ballifl.
TRUSTIS. In old European law. Trust; Cowell.
faith; confidence; fhlt>lity.
TURBA. Lnt. In the civil law . A
T R U S TOR. A word occasionally, multitude; a crowd or liOU; a tumultuous
though rarely. used as a designation of the asseml>lyof persons. Said to consist of ten
crentor, donor. or founder of a trust. or fHteen, at the least. Calvin.
TRY. To examine judicially; to examine TURBARY. Turbary. or common ot
and investigate a controversy. by the legal turbary. is Lhe right or liberty of digging
method called "trial." for the purpose of turf upunanother man's ground. Brown.
determ ining tbe issues it involves.
TURN, or TOURN. The great court-
T U A S RES TIBI HABETO. Lat. leet of the county, as the old county court
Have or take your things to yourself. The wa.s the court-baron. Of this the sheriff is
form of words by Which, according to tbe old judge, and the court is incident to h is office;
Roman law, a man divorced his wife. wherefore it is called tho "sheriff's tourn;"
Calvin. and it had its name originally from the sher-
iff making a turn of circuit about his shire,
TUB. In fllf'rcantile law. A measure
and holding t.his court in each respective
containing sixty pounds of tea, <lnd from
hundred. Wharton.
fifty·slx to eiglity·six poumls of camphor.
Jacob. TURNED TO A RIGHT. This phrase
means that a person whose f.'s tate is dh'psted
TUB~MAN. In English law. A bar-
by usurpation cannot expel the possessor by
rister who has a preaudience in the excheq-
mere entry, lJllt must have recourse to an
uer. and also one wllo has a particular place
Hction. either possessory or droitural. Moz-
in court. is so called. Brown.
ley &, Whitley.
TUCHAS. In Spanish h\w. Objections
TURNKEY. A. pergon, under the su-
or excl'ptions to witnesses. \Vhite. Xew
perintendence of a jailer, who has the charge
Recop, b, 3. tit. 7. c. 10.
of the keys of the prison. for the purpose of
TUERTO. In Spani,Ir law, Tort. L .. opening and fastening the doors.
Partidas. pt. 7. tit. 6. I. 5.
TURNPIKE. A. gate set a cross a road,
TUG. A sleam vessel built for towillg; to stop travelers amI c.!rriages until toll is
synonymous with" Low.boat.." paid [or til'e privil C'ge of pass<lge thereon.
TULLIANUM. Lat. In Roman law. TURNPIKE ROADS. These are roaels
That part of a prisOll which WH~ und(' r on which parties have by law a right to ('rect
ground. Supposed to be so called from ga.Les and uars, for the purpose of taking
Servil.ls Tullius, who built that part of the toll, and of refusing the permission to pass
first prison in Rome. Adams. Hom. Ant. along them to all persons who refuse to pay.
290. 6 Mees. & W. 428.
A turnpike 1'00.11 is a public highway, established
TUMBREL. A castigatory. trebuck et, by public authority for public use, and is to be re-
or ducking-stool, anciently used a8 a punish- garded as a public ea3ement, and not as private
ment for common scolds. property. The only difrerence between this and a
common highway is that, instead of being made
TUMULTUOUS PETITIONING. at tile publie expense in the first instauce. it is
Gnder St. 13 Car. 1I, St. 1. c. 5, tbis was a autt-orized and laid out by Imblic authority. and
TURPIS 1194 TUTOHSHIP BY NATURE

N made at the expensE) of individuals 1n the first In· TUTEUR. In French law. .A. kind ot
stance; and tbe cost ot construction and mainte-- guardian.
Da.nce ls rei mbursed by a toll, levied by publio au·
tJ.lUciLy lor the purpose. 11} Pick. 175. 'l'UTUER OFFICIEUX. In French
law, a person over fifty years of age may be
o TURPIS. Lat. In the civil law. Basej
mean; vile; disgraceful; infamous; unlaw-
ful. Applied both to things and persons.
appointed a tutor of this sort to a child OYer
fifteen years of Hge, with the COllsent of the
Calvin. parents of such child, or. in their default.
the "onseil de familZe. The duties which
TURPIS CAUSA. Lat. A base cause;
p a vile or immoral consideration; a considera-
such a tutor becomes subject to are analogous
to those in English law of a person who puts
tion wbicll, on account of its immorali ty. is
himself in loco parentis to any une. Brown.
not allowed by law to be summent. either to
support a contract or found an action; 8. II., 'l'UTEUR SUBROGE. In French law.
future illicit intercourse. The title of a second g uardian apPointed for
Q TURPIS CONTRACTUS. Lat. An
an infant under guardianship. His func-
tions are exercised in case the interests of the
immoral or iniquitous contraot.
infant amI his principal guardian conflict.
Turpis est pars qure non convenit Code Nap. 420; Brown.
cum suo toto. The part whi ch does not
R agree with its whole is o[ mean account, [en-
Tutius erratur ex parte mitiore. 3
lnst. 220. It is safer to err on tbe gentler
tilled to small or no consideration.] Plowd.
side.
101; Shep. Touch. 87.
TutiuB semper est errare acquietando,
TURPITUDE. Everything done con- quam in puniendo, ex parte misel'icor-
S trary to justice, honesLy. modesLy. or good dire quam ex parte justit ire. It is a1·
morals is said to be done with turpitud~. wal's aufer to err in acquitting than punish.
TURPITUDO. Lat. Baseness; infamy; ing. on the aide of mercy than on t.he side of
Immorality; turpitude. justice. Branch, Prine.; 2 Hale. P. C. 290;
T Tuta est custodia qure sibimet cre-
Broom, Max. 326; 9 Mete. (Mass.) 116.
ditur, Hob. 340. That guardianship Is 8e-- TUTOR. In the civil law. This term
cure which is int l'usted to itself alone. corresponds nearly to "guardian." (i . e., a
person apPointed to have the care of the per-
TUTELA. Lat. In tbe civil law. Tu· son of a minor and the administration of his es-
telage; that species of guardianship which
tate.) except that thegLlurdian of a minor who
continued to the age of puherty; the guard-
has passed a certain age is called ucura~or,"
ian being called" t'U,tQ1'," and the ward, "pu-
and has powers and duties differing some-
pillua," 1 Dom. Civil Law, b. 2, tit. 1. p. what from those of a tutor.
260.
By the laws of Louisian a, minors under
TUTELA LEGITIMA. Lat. In the thenge 01' fourteen years, if males. and under
civil law, Legal tutelage ; tutelage created th e age of twelve years, if females , are, both
by act of law, as where none hall. been cre- as to their PPI'SOIlS and their eslatC's. placed
ated by testament. Inst. 1. 15. pr. under the authority of a tutor. Above that
TUTELA TEs·rAMl!:NTARIA. Lat. age, und unlit theil' majority or emancipatioll,
In the civil Jaw. Testamentary tutelage or t :leyare placed under the authOrity of a Cll·
guardiansh ip; that kind of tutelage which rator. Civil Code La, 1838. art. 263.
was created by will. Calvin. TUTOR ALIENUS. In English law.
~UTELlE ACTIO. Lat. In tbe civll The name given to a stranger wbo en ters
law. An action of tutelage; au action which upon the lands of an infllnt within Lhe age
lay for a wClrd or pupil. on the tr rmination of fourteen, and takes the prolHs. Co. Lilt.
of tutelage. against the tutor or gu a rdian, to 89b, gOa.
compel an account. Calvin. TUTOR PROPRIUS. The nalDe gi ven
TUTELAGE. Guardianship; .tate of to one who is rightly a guardian in socage,
being under a gua.rdian. in contradistinction to a tutor alienus.

TUTELAM REDDERE. Lat. In tbe TUTORSHIP. Tbe office and power of


civil law. To render an account ot tutelage. a tutor .
Cal vin. 1'utelam 'l'eposcere, to demand an TUTORSHIP BY NATURE. After
account of tutelage. the dissolution ot marriage by the death ot
TUTORSHIP BY WILL 1195 . TZAR, TZARINA

either husband or wife, the tutorship of now only in fragmentary form. See 1 Kent.
minor cbildren oelongs of right to the 8ur- Comm.520.
viving mother or father. rrhis is what is TWELVE-DAY WRIT. A writ issued
called" tutorship by nature." Civil Code La. under the St. 18 &; 19 Viet. e. 67, for summary
8rt. 250. procedure on bills of eXChange and promis-
TUTORSHIP BY WILL. Tbenghto! sory notes. abolished by rule of court in 1880.
appointing a tutor, whether 8 relation or a Wharton.
stranger. belongs exclusively to the father or TWELVE - MONTH, In the Bingular
mother dying last. This is called Uiutorship number, includes all the yeari but twelve
by will," because generally it is gi ven by months are to be computed according to
testament; but it may likewise be given by tw enty-eight days tor every month. 6 Coke,
aoy declaration by the surviving father or 62.
Inother, executed before a notary and two wit·
neeses. Civil Code Ln. nrt. 257. TWICE IN JEOPARDY. See JEOP-
ARDYj ONCE IN JEOPARDY.
TUTRIX. A remale tutor.
TWYHINDI. Tbe lower order of Sax-
TWANIGHTGEST. In Saxon law. A ons, valued at 200B. in the Bcale of pecuniary
guest on the second night. By the laws of mulcts inflicted for crimes. Cowell.
Edward the Confessor it was provided that a
TYBURN TICKET. Aeertifieatewhieh
man who lodged at an inn, or at tbe house
was given to the prosecutor of a felon to
of anothpf, should be considered, on the first
conviction.
night of his being there, a stranger, (uncuth ;)
on t.he second night, a guest; on the third TYHTLAN. In Saxon law. An accu-
night, a member ot the family. This had sation. impeachment, or cbarge of any of-
re fenmce to the responsi bility of the host or tense.
enlertainer for offenses committed by the
TYLWITH. BrIt. A tribe or family
guest.
branching or issuing outof anotl1er. Cowell.
TWELFHINDI. Tile higbest rank o!
TYRANNY. Arbitrary or despotic gov.
men in the Saxon government, who were
ernment; the severe and antocratic exercise
valued at 1200s. If any injury were done to
of sovereign power. either vested constitu-
auch persons, satisfaction w<\s to be made tionally in ODe ruIer, or usurp~d by him by
according to their worLh. Cowell. breaking down the division and distribution
TWELVE TABLES. The earliest stat- of governmental powers.
ute or code of l{oman law, framed by a com- TYRANT. A despotj 8 sovereign or
mission of ten men, B. C. 450, upon the re- ruler, legitimate or otherwise, who uses his
turn of a commission of three who had been power un justly and arbitrarily, to tile oppre8~
Bent abroad to study fon'ign laws ancl insti- sian of his SUbjects.
tutions. The Twelve Tables consisted partly
of laws transcribed from the institutions of TYRRA, or TOIRA. A mount or hili.
other nation s, partly of sllch as were altered Cowell.
and accommodated to the manners of the TYTHE. TIthe, or tenth part.
Romans, partly of new provisions, and
mainly, perhaps, of laws and usages under TYTHING. A. company of ten; a dis-
their ancient kings. They form ed the source trict: a tenth part. See Tll'IDNG.
and foundation for the whole Iater develop- TZAR, TZARINA. The emperor and
ment of Homan jurisprudence. They exist empress of Russia. See CZAR.