Traducciones Juradas de Inglés Sevilla

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T. 1132 TACIT
T. As an abbreviation, this letter usually stands for either "Territory," "Trinity," "term," "tempore," (in the time of,) or "title."
Every person who was convicted of felony, short of murder, and admitted to the benefit of clergy, was at one time marked with this letter upon the brawn of the thumb. The practice is abolished. 7 & 8 Geo. IV. c. 27.
By a law of the Province of Pennsylvania, A. D. 1698, it was provided that a convicted thief should wear a badge in the form of the letter "T.," upon his left sleeve, which badge should be at least four inches long and of a color different from that of his outer gar­ment Linn, Laws Prov. Pa. 275.
T. R. E. An abbreviation of "Tempore Regis Edtoardi," (in the time of King Ed­ward,) of common occurrence in Domesday, when the valuation of manors, as it was in the time of Edward the Confessor, is re­counted. Cowell.
TABARD. A short gown; a herald's coat; a surcoat
TABARDER. One who wears a tabard or short gown; the name is still used as the title of certain bachelors of arts on the old foundation of Queen's College, Oxford. Enc. Lond.
TABELLA. Lat In Roman law. A tab­let. Used in voting, and in giving the ver­dict of juries; and, when written upon, com­monly translated "ballot" The laws which introduced and regulated the mode of voting by ballot were called "leges tabellarice." Cal­vin.; 1 Kent, Comm. 232, note.
TABELLIO. Lat Jfx Roman law. An officer corresponding in some respects to a notary. His business was to draw legal in­struments, (contracts, wills, etc.,) and witness their execution. Calvin.
TABERNACULUM. In old records. A public inn, or house of entertainment. CJow­ell.
TABERNARIUS. Lat In the civil
law. A shop-keeper. Dig. 14, 3, 5, 7.
In old English law. A taverner or tav­ern-keeper. Fleta, lib. 2, c. 12, § 17.
TABES DORSALIS. In medical juris­prudence. This is another name for locomo­tor ataxia. Tabetic dementia is a form of mental derangement or insanity complicated with tabes dorsalis, which generally precedes, or sometimes follows, the mental attack.
TABLE. A synopsis or condensed state­ment, bringing together numerous items or
details so as to be comprehended in a single view; as genealogical tables, exhibiting the names and relationships of all the persons composing a family; life and annuity tables, used by actuaries; interest tables, etc.
—Table de Marbre. Fr. In old French law. Table of Marble; a principal seat of the ad­miralty, so called. These Tables de Marbre are frequently mentioned in the Ordonnance of the Marine. Burrill —Table of cases. An alphabetical list of the adjudged cases cited, referred to, or digested in a legal text-book, volume of reports, or digest, with references to the sections, pages, or paragraphs where they are respectively cited, etc., which is commonly either prefixed or appended to the volume-Table rents. In English law. Payments which used to be made to bishops, etc., reserv­ed and appropriated to their table or house­keeping. Wharton.
Louisiana. A list of creditors of an insol­vent estate, stating what each is entitled to. Taylor v. Hollander, 4 Mart. N. S. (La.) 535.
TABULA. Lat In the civil law. A ta­ble or tablet; a thin sheet of wood, which, when covered with wax, was used for writ­ing.
plank in a shipwreck. This phrase is used metaphorically to designate the power sub­sisting in a third mortgagee, who took with­out notice of the second mortgage, to acquire the first Incumbrance, attach it to his own, and thus squeeze out and get satisfaction, be­fore the second is admitted to the fund. 1 Story, Eq. Jur. § 414; 2 Ves. Ch. 573.
TABULiE. Lat In Roman law. Ta­bles. Writings of any kind used as evidences of a transaction. Brissonius.
—Tabulae nnptiales. In the civil law. A written record of a marriage; or the agreement as to the dos.
TABULARIUS. Lat A notary, or ta-bellio. Calvin.
TAG, TAK. In old records. A kind of customary payment by a tenant Cowell.
—Tac free. In old records. Free from the common duty or imposition of tac. Cowell.
TACIT. Silent; not expressed; implied or inferred; manifested by the refraining from contradiction or objection; inferred from the situation and circumstances, in the absence of express matter. Thus, tacit con­sent is consent inferred from the fact that the party kept silence when he had an op­portunity to forbid or refuse.
—Tacit acceptance. In the civil law, a tacit acceptance of an inheritance takes place when some act is done by the heir which necessarily supposes hia intention to accept and which


he would have no right to do but in his capacity as heir. Civ. Code La. 1900, art. 988.—Tacit hypothecation. In the civil law, a species of lien or mortgage which is created by operation of law without any express agreement of the parties. Mackeld. Rom. Law, § 343. In ad­miralty law, this term is sometimes applied to a maritime lien, which is not, strictly speaking, an hypothecation in the Roman sense of the term, though it resembles it. See The Nestor, 1 Sumn. 73. 18 Fed. Cas. 9.—Tacit law. A law which derives its authority from the com­mon consent of the people without any legis­lative enactment. 1 Bouv. Inst. no. 120.—Tacit mortgage. In the law of Louisiana. The law alone in certain cases gives to the creditor a mortgage on the property of his debtor, without it being requisite that the parties should stipu­late it. This is called "legal mortgage." It is called also "tacit mortgage," because it is es­tablished by the law without the aid of any agreement. Civ. Code La. art. 3311.—Tacit relocation. In Scotch law. The tacit or implied renewal of a lease, inferred when the landlord, instead of warning a tenant to re­move at the stipulated expiration of the lease, has allowed him to continue without making a new agreement. Bell, "Relocation."—Tacit tack. In Scotch law. An implied tack or lease; inferred from a tacksman's possessing peaceably after his tack is expired. 1 Forb. Inst, pt 2. p. 153.
Tacita qusedam habentnr pro expres-?i*. 8 Coke, 40. Things unexpressed are sometimes considered as expressed.
TACITE. Lat Silently; Impliedly; tac­itly.
TACITURNITY. In Scotch law, this sig­nifies laches in not prosecuting a legal claim, or in acquiescing in an adverse one. Mozley & Whitley.
TACK, v. To annex some junior lien to a first lien, thereby acquiring priority over an intermediate one. See Tacking.
TACK, n. In Scotch law. A term cor­responding to the English "lease," and de­noting the same species of contract. —Tack dnty. Rent reserved upon a lease.
TACKING. The uniting securities given at different times, so as to prevent any inter­mediate purchaser from claiming a title to redeem or otherwise discharge one lien, which is prior, without redeeming or discharging the other liens also, which are subsequent to ais own title. 1 Story, Eq. Jur. § 412.
The term is particularly applied to the ac­tion of a third mortgagee who, by buying the first lien and uniting it to his own, gets pri­ority over the second mortgagee.
The term is also applied to the process of making out title to land by adverse posses­sion, when the present occupant and claimant has not been In possession for the full statu­tory period, but adds or "tacks" to his own possession that of previous occupants under whom he claims. See J. B. Streeter Co. v. Fredrickson, 11 N. D. 300, 91 N. W. 692.
TACKSMAN. In Scotch law. A tenant or lessee; one to whom a tack is granted. 1 Forb. Inst, pt 2, p. 153.
English law. Touching the holy evangelists. Fleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis, [looking at the Gos­pels,] and not tactis, and it is good enough." Freem. 133.
GELIO. Lat. Having personally touched
the holy Gospel. Cro. Eliz. 105. The de­
scription of a corporal oath.
TAIL. Limited; abridged; reduced; cur­tailed, as a fee or estate in fee, to a certain order of succession, or to certain heirs.
TAIL, ESTATE IN. An estate of in­heritance, which, instead of descending to heirs generally, goes to the heirs of the donee's body, which means his lawful issue, his children, and through them to his grand­children in a direct line, so long as his pos­terity endures in a regular order and course of descent, and upon the death of the first owner without issue, the estate determines. 1 Washb. Real Prop. *72.
An estate tail is a freehold of inheritance, limited to a person and the heirs of his body, general or special, male or female, and is the creature of the statute de Donis. The es­tate, provided the entail be not barred, re­verts to the donor or reversioner, if the donee die without leaving descendants an­swering to the condition annexed to the es­tate upon its creation, unless there be a limi­tation over to a third person on default of such descendants, when it vests in such third person or remainder-man. Wharton.
—Several tail. An entail severally to two;
as if land is given to two men and their wives, and to the heirs of their bodies begotten; here the donees have a joint estate for their two lives, and yet they have a several inheritance, because the issue of the one shall have his moi­ety, and the issue of the other the other moiety. Cowell.—Tail after possibility of issne extinct. A species of estate tail which arises where one is tenant in special tail, and a per­son from whose body the issue was to spring dies without issue, or, having left issue, that issue becomes extinct. In either of these cases the surviving tenant in, special tail becomes "tenant in tail after possibility of issue ex­tinct." 2 Bl. Comm. 124.—Tail female. When lands are given to a person and the female heirs of his or her body, this is called an "estate tail female," and the male heirs are not capable of inheriting it.—Tail general. An estate in tail granted to one "and the heirs of his body begotten," which is called "tail general" because, how often soever such donee in tail be married, his issue in general by all and every such marriage is, in successive or­der, capable of inheriting the estate tail per for-mam doni. 2 Bl. Comm. 113. This is where an estate is limited to a man and the heirs of his body, without any restriction at all; or, according to some authorities, with no other restriction than that in relation to sex. Thus, tail male general is the same thing as tail male;


the word "general," in such case, implying that there is no other restriction upon the descent of the estate than that it must go in the male line. So an estate in" tail female general is an estate in tail female. The word "general," in the phrase, expresses a purely negative idea, and may denote the absence of any restriction, or the absence of some given restriction which is tacitly understood. Mozley & Whitley.—Tail male. When lands are given to a person and the male heirs of his or her body, this is called an "estate tail male," and the female heirs are not capable of inheriting it.—Tail special. An estate in tail where the succession is restricted to certain heirs of the donee's body, and does not go to all of them in general; e. ff., where lands and tenements are given to a man and "the heirs of his body on Mary, his now wife, to be begotten;" here no issue can inherit but such special issue as is engendered between those two, not such as the husband may have by another wife, and therefore it is called "special tail." 2 Bl. Comm. 113. It is denned by Cowell as the limitation of lands and tene­ments to a man and his wife and the heirs of their two bodies. But the phrase need not be thus restricted. Tail special, in its largest sense, is where the gift is restrained to certain heirs of the donor's body, and does not go to all of them in general. Mozley & Whitley.
TAIL AGE. A piece cut out of the whole; a share of one's substance paid by way of tribute; a toll or tax. Cowell.
TAILLE. Fr. In old French law. A
tax or assessment levied by the king, or by any great lord, upon his subjects, usually taking the form of an imposition upon the owners of real estate. Brande.
In old English law. The fee which is opposed to fee-simple, because It is so minced or pared that it is not in the owner's free power to dispose of it, but it is, by the first giver, cut or divided from all other, and tied to the Issue of the donee,—in short, an es­tate-tail. Wharton.
TAILZIE. In Scotch law. An entail. A tailzied fee is that which the owner, by exer­cising his inherent right of disposing of his property, settles upon others than those to whom it would have descended 'by law. 1 Forb. Inst, pt 2, p. 101.
TAINT. A conviction of felony, or the person so convicted. Cowell.
TAKE. 1. To lay hold of; to gain or re­ceive into possession*; to seize; to deprive one of the possession of; to assume owner­ship. Thus, it is a constitutional provision that a man's property shall not be taken for public uses without just compensation. Ev-ansville & C. R. Co. v. Dick, 9 Ind. 433.
2.To obtain or assume possession of a chattel unlawfully, and without the owner's consent; to appropriate things to one's own use with felonious intent. Thus, an actual talcing is essential to constitute larceny. 4 Bl. Oomm. 430.
3.To seize or apprehend a person; to ar­rest the body of a person by virtue of lawful
process. Thus, a capias commands the of­ficer to take the body of the defendant
4.To acquire the title to an estate; to re­ceive an estate in lands from another per­son by virtue of some species of title. Thus, one is said to "take by purchase," "take by descent." "take a life-interest under the de­vise," etc.
5.To receive the verdict of a Jury; to su­perintend the delivery of a verdict; to hold a court. The commission of assize In England empowers the judges to take the assizes; that Is, according to its ancient meaning, to take the verdict of a peculiar species of jury called an "assize;" but, in Its present mean­ing, "to hold the assizes." 3 Bl. Comm. 59, 185.
—Take nn. A party to a negotiable instru­ment, particularly an indorser or acceptor, is said to "take up" the paper, or to "retire" it, when he pays its amount, or substitutes other security for it, and receives it again into his own hands. See Hartzell v. McClurg, 54 Neb. 316, 74 N. W. 626.
TAKER. One who takes or acquires; particularly, one who takes an estate by de­vise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate interest is called the "first taker."
TAKING. In criminal law and torts. The act of laying hold upon an article, with or without removing the same.
TALE. In old pleading. The plaintiffs count, declaration, or narrative of his case. 3 Bl. Comm. 293.
The count or counting of money. Said to be derived from the same root as "tally." Oowell. Whence also the modern word "tell­er."
TALES. I/at Such; such men. When, by means of challenges or any other cause, a sufficient number of unexceptionable jurors does not appear at the trial, either party may pray a "tales," as it is termed; that is, a sup­ply of such men as are summoned on the first panel in order to make up the deficiency. Brown. See State v. McCrystol, 43 La. Ann. 907, 9 South. 922; Railroad Co. v. Mask, 64 Miss. 738, 2 South. 360.
many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persons present in court 3 Bl. Comm. 365.
TALESMAN. A person summoned to act as a juror from among the by-standers in the court. Linehan v. State, 113 Ala. 70, 21 South. 497; Shields v. Niagara County Sav. Bank, 5 Thomp. & C. (N. T.) 587.
TALIO. Lat In the civil law. Like for like; punishment in the same kind; the pun-


ishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin.
Talis interpretatio semper fienda est, nt evitetur absurdnm et inconveniens, et ne judicium sit illusorium. 1 Coke, 52. Interpretation is always to be made in such a manner that what is absurd and inconven­ient may be avoided, and the judgment be not illusory.
Talis non est eadem; nam nullum simile est idem. 4 Coke, 18. What is like is not the same; for nothing similar is the same.
Talis res, vel tale reetum, quae vel quod non est in homine adtune super-stite sed tantummodo est et consistit in eonsideratione et intelligentia legis, et quod alii dizerunt talem rem vel tale reetum fore in nubibus. Such a thing or such a right as is not vested in a person then living, but merely exists in the consideration and contemplation of law [is said to be in abeyance,] and others have said that such a thing or such a right is in the clouds. Co. Litt 342.
TALITER PROCESSUM EST. Upon pleading the judgment of an inferior court, the proceedings preliminary to such judg­ment, and on which the same was founded, must, to some extent, appear in the plead­ing, but the rule is that they may be alleged with a general allegation that "such pro­ceedings were had," instead of a detailed account of the proceedings themselves, and this general allegation is called the "taliter processum est." A like concise mode of stat­ing former proceedings in a suit is adopted at the present day in chancery proceedings upon petitions and in actions in the nature of bills of revivor and supplement. Brown.
TALLAGE. A word used metaphorically for a share of a man's substance paid by way of tribute, toll, or tax, being derived from the French "tattler," which signifies to cut a piece out of the whole. Cowell. See State v. Switzler, 143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280,65 Am. St. Rep. 653; Lake Shore, etc., R. Co. v. Grand Rapids, 102 Mich. 374, 60 N. W. 767, 29 L. R. A. 195.
TALLAGERS. Tax or toll gatherers; mentioned by Chaucer.
TALLAGIUM. L. Lat A term including all taxes. 2 Inst. 532; People v. Brooklyn, 9 Barb. (N. T.) 551; Bernards Tp. v. Allen, 61 N. J. Law, 228, 39 Atl. 716.
—Tallagium faeere. To give up accounts in the exchequer, where the method of account­ing was by tallies.
TALLATIO. A keeping account by tal­lies. Cowell.
TALLEY, or TALLY. A stick cut into two parts, on each whereof is marked, with notches or otherwise, what is due between debtor and creditor. It was the ancient mode of keeping accounts. One part was held by the creditor, and the other by the debtor. The use of tallies in the exchequer was abolished by St 23 Geo. III. c. 82, and the old tallies were ordered to be destroyed by St. 4 & 5 Wm. IV. c. 15. Wharton.
—Tallies of loan. A term originally used in England to describe exchequer bills, which were issued by the officers of the exchequer when a temporary loan was necessary to meet the ex­igencies of the government, and charged on the credit of the exchequer in general, and made assignable from one person to another. Briscoe v. Bank of Kentucky, 11 Pet. 328, 9 L. Ed. 709.—Tally trade. A system of dealing by which dealers furnish certain articles on credit, upon an agreement for the payment of the stipulated price by certain weekly or monthly installments. McCul. Diet
TALLIA. L. Lat A tax or tribute; tal­lage; a share taken or cut out of any one's income or means. Spelman.
TALTARUM'S CASE. A case reported in Yearb. 12 Edw. IV. 19-21, which is re­garded as having established the foundation of common recoveries.
TAM QUAM. A phrase used as the name of a writ of error from inferior courts, when the error is supposed to be as well in giving the judgment as in awarding execution upon it (Tom in redditione judicii, quam in ad­judication executionis.)
A venire tarn quam was one by which a jury was summoned, as well to try an issue as to inquire of the damages on a default 2 Tidd, Pr. 722, 895.
TAME. Domesticated; accustomed to man; reclaimed from a natural state of wild-ness. In the Latin phrase, tame animals are described as domitv natures.
TAMEN. Lat. Notwithstanding; never­theless ; yet.
TANGIBLE PROPERTY. Property which may be touched; such as is perceptible to the senses; corporeal property, whether real or personal. The phrase is used in op­position to such species of property as pat­ents, franchises, copyrights, rents, ways, and incorporeal property generally.
TANISTRY. In old Irish law. A spe­cies of tenure, founded on ancient usage, which allotted the inheritance of lands, cas­tles, etc., to the "oldest and worthiest man of the deceased's name and blood." It was abolished in the reign of James I. Jacob; Wharton.
TANNERIA. In old English law. Tan­nery; the trade or business of a tanner Fleta, lib. 2, c 52, § 35.


TANTEO. Span. In Spanish law. Pre­emption. White, New Recop. b. 2, tit. 2, c. 3.
TANTO, RIGHT OF. In Mexican law. The right enjoyed by an usufructuary of property, of buying the property at the same price at which the owner offers it to any other person, or is willing to take from an­other. Civ. Code Mex. art. 992.
Tantnm bona valent, quantum vendi possunt. Shep. Touch. 142. Goods are worth so much as they can be sold for.
TARDE VENIT. Lat In practice. The name of a return made by the sheriff to a writ, when it came into his hands too late to be executed before the return-day.
TARE. A deficiency in the weight or quantity of merchandise by reason of the weight of the box, cask, bag, or other recep­tacle which contains it and is weighed with it. Also an allowance or abatement of a cer­tain weight or quantity which the seller makes to the buyer, on account of the weight of such box, cask, etc. Napier v. Barney, 5 Blatchf. 191, 17 Fed. Cas. 1149. See Tbet.
TARIFF. A cartel of commerce, a book of rates, a table or catalogue, drawn usually in alphabetical order, containing the names of several kinds of merchandise, with the duties or customs to be paid for the same, as settled by authority, or agreed on between the several princes and states that hold com­merce together. Enc. Lond.; Railway Co. v. Cushman, 92 Tex. 623, 50 S. W. 1009.
The list or schedule of articles on which a duty is imposed upon their importation into the United States, with the rates at which they are severally taxed. Also the custom or duty payable on such articles. And, de­rivatively, the system or principle of impos­ing duties on the importation of foreign mer­chandise.
TASSUM. In old English law. A heap; a hay-mow, or hay-stack. Fcenum in tassis, hay in stacks. Reg. Orig. 96.
TATH. In the counties of Norfolk and Suffolk, the lords of manors anciently claimed the privilege of having their tenants' flocks or sheep brought at night upon their own demesne lands, there to be folded for the im­provement of the ground, which liberty was called by the name of the "tath." Spelman,
TAURI LIBERI LIBERT AS. Lat. A common bull; because he was free to all the tenants within such a manor, liberty, etc.
TAUTOLOGY. Describing the same thing twice in one sentence in equivalent terms; a fault in rhetoric. It differs from
repetition or iteration, which is repeating th* same sentence in the same or equivalent terms; the latter is sometimes either excus­able or necessary in an argument or address; the former (tautology) never. Wharton.
TAVERN. A place of entertainment; a house kept up for the accommodation of strangers. Originally, a house for the retail­ing of liquors to be drunk on the spot. Web­ster.
The word "tavern," in a charter provision au­thorizing municipal authorities to "license and regulate taverns," includes hotels. "Tavern," "hotel," and "public house" are, in this coun­try, used synonymously; and while they enter­tain the traveling public, and keep guests, and receive compensation therefor, they do not lose their character, though they may not have the privilege of selling liquors. St. Louis v. Siegrist, 46 Mo. 595. And see State v. Heise, 7 Rich. Law (S. <3.) 520; Bonner v. Welborn, 7 Ga. 306; Rafferty v. Insurance Co., 18 N. J. Law, 484, 38 Am. Dec. 525; In re Brewster, 39 Misc. Rep. 689, 80 N. Y. Supp. 666; Braswell v. Comm., 5 Bush (Ky.) 544; Kelly v. New York, 54 How. Prac. (N. Y.) 331.
TAVERN-KEEPER. One who keeps a tavern. One who keeps an inn; an inn­keeper.
TAVERNER. In old English law. A seller of wine; one who kept a house or shop for the sale of wine.
TAX, v. To impose a tax; to enact or de­clare that a pecuniary contribution shall be made by the persons liable, for the support of government. Spoken of an individual, to be taxed is to be included in an assessment made for purposes of taxation.
In practice. To assess or determine; to liquidate, adjust, or settle. Spoken particu­larly of taxing costs, (q. v.)
TAX, n. Taxes are a ratable portion of the produce of the property and labor of the individual citizens, taken by the nation, in the exercise of its sovereign rights, for the support of government, for the administra­tion of the laws, and as the means for con­tinuing in operation the various legitimate functions of the state. Black, Tax Titles, § 2; New London v. Miller, 60 Conn. 112, 22 Atl. 499; Graham v. St Joseph Tp., 67 Mich. 652, 35 N. W. 808; Gibbons v. Ogden, 9 Wheat. 1, 6 L. Ed. 23.
Taxes are the enforced proportional contri­bution of persons and property, levied by the authority of the state for the support of the government, and for all public needs; por­tions of the property of the citizen, demand­ed and received by the government, to be dis­posed of to enable it to discharge its func­tions. Opinion of Justices, 58 Me. 590; Moog v. Randolph, 77 Ala. 597; Palmer v. Way, 6 Colo. 106; Wagner v. Rock Island, 146 111. 139, 34 N. E. 545, 21 L. R. A. 519; In re Hun, 144 N. Y. 472, 39 N. E. 376;


Taylor v. Boyd, 63 Tex. 533; Morgan's Co. t. State Board of Health, 118 U, S. 455, 6 Sup. Ct 1114, 30 I* Ed. 237; Dranga v. Rowe, 127 Cal. 506, 59 Pac. 944; McClelland v. State, 138 Ind. 321, 37 N. E. 1089; Hanson v. Vernon, 27 Iowa, 28, 1 Am. Rep. 215; Bonaparte v. State, 63 Md. 465; Pittsburgh, etc., R. Co. v. State, 49 Ohio St. 189, 30 N. E. 435, 16 L. R. A. 380; Illinois Cent R. Co. v. Decatur, 147 U. S. 190, 13 Sup. Ct 293, 37 I* Ed. 132.
In a general sense, a tax is any contribu­tion imposed by government upon individuals, for the use and service of the state, whether under the name of toll, tribute, tallage, gabel, Impost, duty, custom, excise, subsidy, aid, supply, or other name. Story, Const. § 950.
Synonyms. In a broad sense, taxes un­doubtedly include assessments, and the right to impose assessments has its foundation in the taxing power of the government; and yet, in practice and as generally understood, there is a broad distinction between the two terms. "Taxes," as the term is generally used, are public burdens imposed generally upon the inhabitants of the whole state, or upon some civil division thereof, for govern­mental purposes, without reference to pecul­iar benefits to particular individuals or prop­erty. "Assessments" have reference to impo­sitions for improvements which are specially beneficial to particular individuals or prop­erty, and which are imposed in proportion to the particular benefits supposed to be con­ferred. They are justified only because the improvements confer special benefits, and are just only when they are divided in proportion to such benefits. Roosevelt Hospital v. New York, 84 N. Y. 112. As distinguished from other kinds of taxation, "assessments" are those special and local impositions upon prop­erty in the immediate vicinity of munici­pal improvements which are necessary to pay for the improvement, and are laid with ref­erence to the special benefit which the prop­erty is supposed to have derived therefrom. Hale v. Kenosha, 29 Wis. 599; Ridenour v. Saffin, 1 Handy (Ohio) 464; King v. Port­land, 2 Or. 146; Williams v. Corcoran, 46 Cal. 553.
Taxes differ from subsidies, In being cer­tain and orderly, and from forced contribu­tions, eta, in that they are levied by author­ity of law, and by some rule of proportion which is intended to insure uniformity of contribution, and a just apportionment of the burdens of government Cooley, Tax'n, 2.
The words "tax" and "excise," although often used as synonymous, are to be consid­ered as having entirely distinct and separate significations. The former is a charge appor­tioned either among the whole people of the state, or those residing within certain dis­tricts, municipalities, or sections. It is re­quired to be imposed, as we shall more fully explain hereafter, so that, if levied for the public charges of government, it shall be
Bl.Law Dict.(2d Ed.)—72
shared according to the estate, real and per­sonal, which each person may possess; or, if raised to defray the cost of some local govern­ment of a public nature, it shall be borne by those who will receive some special and pe­culiar benefit or advantage which an expen­diture of money for a public object may cause to those on whom the tax is assessed. An" excise, on the other hand, is of a different character. It is based on no rule of appor­tionment or equality whatever. It is a fixed, absolute, and direct charge laid on merchan­dise, products, or commodities, without any regard to the amount of property belonging to those on whom it may fall, or to any sup­posed relation between money expended for a public object and a special benefit occasioned to those by whom the charge is to be paid. Oliver v. Washington Mills, 11 Allen (Mass.) 274.
—Ad valorem tax. See Ad Valorem:.—Cap­itation tax. See that title.—Collateral in­heritance tax. See Co:l:latera:l Inheri­tance.—Direct tax. A direct tax is one which is demanded from the very persons who, it is intended .or desired, should pay it. In­direct taxes are those which are demanded from one person, in the expectation and in­tention that he shall indemnify himself at the expense of another. Mill, Pol. Econ. Taxes are divided into "direct," under which desig­nation would be included those which are as­sessed upon the property, person^ business, in­come, etc., of those who are to pay them, and "indirect," or those which are levied on com­modities before they reach the consumer, and are paid by those upon whom they ultimately fall, not as taxes, but as part of the market price of the commodity. Cooley, Tax'n, 6. Historical evidence shows that personal prop­erty, contracts, occupations, and the like, have never been regarded as the subjects of direct tax. The phrase is understood to be limited to taxes on land and its appurtenances, and on polls. Veazie Bank v. Fenno, 8 Wall. 533, 19 L. Ed. 482. See Hylton v. U. S., 3 Dall. 171, 1 L. Ed. 556; Pacific Ins. Co. v. Soule, 7 Wall. 445, 19 L. Ed. 95; Scholey v. Rew, 90 U. S. 347, 23 L.. Ed. 99; Springer v. U. S., 102 U. S. 602, 26 L. Ed. 253; Veazie Bank v. Fenno, 8 Wall. 533, 19 L. Ed. 482; Pollock v. Farmers' U & T. Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 U Ed. 759; Railroad Co. v. Morrow, 87 Tenn. 406. 11 S. W. 348, 2 L. R. A. 853; People v. Knight, 174 N. Y. 475, 67 N. E. 65, 63 L. R. A. 87.—Franchise tax. See Franchise.—Income tax. See Income. —Indirect taxes are those demanded in the first instance from one person in the expecta­tion and intention that he shall indemnify him­self at the expense of another. "Ordinarily all taxes paid primarily by persons who can shift the burden upon some one else, or who are under no legal compulsion to pay them, are considered indirect taxes." Pollock v. Far­mers' Lu & T. Co., 157 U. S. 429, 15 Sup. Ct. 673, 39 U Ed. 759; Springer v. U. S., 102 U. S. 602, 26 L.. Ed. 253; Thomasson v. State, 15 Ind. '451.—Inheritance tax. See Inheritance.—License tax. See Li­cense.—Local taxes. Those assessments which are limited to certain districts, as poor-rates, parochial taxes, county rates, municipal taxes, etc.—Occupation tax. See Occupa­tion.—Parliamentary taxes. Such taxes as are imposed directly by act of parliament, i. e., by the legislature itself, as distinguished from those which are imposed by private in­dividuals or bodies under the authority of an act of parliament. Thus, a sewers rate, not being imposed directly by act of parliament,

but by certain persons termed "commissioners of sewers," is not a parliamentary tax; where­as the income tax, which is directly imposed, and the amount also fixed, by act of parliament, is a parliamentary tax. Brown.—Personal tax. This term may mean either a tax im­posed on the person without reference to prop­erty, as, a capitation or poll tax, or a tax im­posed on personal property, as distinguished from one laid on real property. See Jack v. Walker (C. C) 79 Fed. 141; Potter v. Ross, 23 N. J. Law, 517; Bates' Ann. St. Ohio, 1904, § 2860.—Poll tax. See that title.— Public tax. A tax levied for some general public purpose or for the purposes of the gen­eral public revenue, as distinguished from local municipal taxes and assessments. Morgan v. Cree, 46 Vt. 783, 14 Am. Rep. 640; Buffalo City Cemetery 'v. Buffalo, 46 N. Y. 509 —Spe­cific tax. A tax imposed as a fixed sum on each article or item of property of a given class or kind, without regard to its value; opposed to ad vaiprem tax.—Succession tax. See Suc­cession.—Tax certificate. A certificate of the purchase of land at a tax sale thereof, given by the officer making the sale, and which is evidence of the holder's right to receive a deed of the land if it is not redeemed within the time limited by law. See Baton v. Mani­towoc County, 44 Wis. 492; Nelson v. Central Land Co., 35 Minn. 408, 29 N. W. 121.—Tax-deed. The conveyance given upon a sale of lands made for non-payment of taxes; the deed whereby the officer of the law undertakes to convey the title of the proprietor to the pur­chaser at the tax-sale.—Tax lease. The instru­ment (or estate) given to the purchaser of land at a tax sale, where the law does not permit the sale of the estate in fee for non-payment of taxes, but instead thereof directs the sale of an estate for years.—Tax levy. The total sum to be raised by a tax. Also the bill, enactment, or measure of legislation by which an annual or general tax is imposed.—Tax-lien. A stat­utory lien, existing in favor of the state or mu­nicipality, upon the lands of a person charged with taxes, binding the same either for the taxes assessed upon the specific tract of land or (in some jurisdictions) for all the taxes due from the individual, and which may be foreclosed for non-payment, by judgment of a court or sale of the land.—Tax-payer. A person chargeable with a tax; one from whom government de­mands a pecuniary contribution towards its support.—Tax-payers' lists. Written exhib­its required to be made out by the tax-payers resident in a district, enumerating all the prop­erty owned by them and subject to taxation, to be handed to the assessors, at a specified date or at regular periods, as a basis for assessment and valuation.—Tax purchaser. A person who buys land at a tax-sale; the person to whom land, at a tax-sale thereof, is struck 'down.—Tax roll. See Roll.—Tax sale. See Sale.—Tax-title. The title by which one holds land which he purchased at a tax-sale. That species of title which is inaugurated by a successful bid for land at a collector's sale of the same for non-payment of taxes, com­pleted by the failure of those entitled to re­deem within the specified time, and evidenced by the deed executed to the tax purchaser, or his assignee, by the proper - officer.—Taxing district. The district throughout which a par­ticular tax or assessment is ratably apportion­ed and levied upon the inhabitants; it may comprise the whole state, one county, a city, a ward, or part of a street.—Tonnage tax. See Tonnage Duty.—"Wheel tax. A tax on wheeled vehicles of some or all kinds and bi­cycles.—Window tax. See Window.
TAXA. L. Lat A tax. Spelman. In old records. An allotted piece of work; a task.
TAXABLE. Subject to taxation; liable to be assessed, along with others, for a share in a tax. Persons subject to taxation are sometimes called "taxables;" so property which may be assessed for taxation is said to be taxable.
Applied to costs in an action, the word means proper to be taxed or charged up; le­gally chargeable or assessable.
TAXARE. Lat. To rate or value. Cal­vin. To tax; to lay a tax or tribute. Spelman.
In old English practice. To assess; to
rate or estimate; to moderate or regulate an assessment or rate.
TAXATI. In old European law. Soldiers of a garrison or fleet, assigned to a certain station. Spelman.
TAXATIO. Lat. In Roman law. Taxa­tion or assessment of damages; the assess­ment, by the judge, of the amount of dam­ages to be awarded to a plaintiff, and particu­larly in the way of reducing the amount claimed or sworn to by the latter.
TAXATIO ECCLESIASTICA. The val­uation of ecclesiastical benefices made through every diocese in England, on occa­sion of Pope Innocent IV. granting to King Henry III. the tenth of all spirituals for three years. This taxation was first made by Walter, bishop of Norwich, delegated by the pope to this office in 38 Hen. III., and hence called "Taxatio Norwicencis." It is also call­ed "Pope Innocent's Valor." Wharton.
TAXATIO EXPENSARUM. In old Eng­lish practice. Taxation of costs.
TAXATIO NORWICENSIS. A valua­tion of ecclesiastical benefices made through every diocese in England, by Walter, bishop of Norwich, delegated by the pope to this office in 38 Hen. III. CowelL
TAXATION. The imposition of a tax; the act or process of imposing and levying a pecuniary charge or enforced contribution, ratable, or proportioned to value or some other standard, upon persons or property, by or on behalf of a government or one of its divisions or agencies, for the purpose of pro­viding revenue for the maintenance and ex­penses of government.
The term "taxation," both in common par­lance and in the laws of the several states, has been ordinarily used, not to express the idea of the sovereign power which is exercised, but the exercise of that power for a particular purpose, viz., to raise a revenue for the general and ordinary expenses of the government, whether it be the state, county, town, or city government. But there is another class of ex­penses, also of a public nature, necessary to be provided for, peculiar to the local government of counties, cities, towns, and even smaller sub­divisions, such as opening, grading, improving in various ways, and repairing, highways and


streets, and constructing sewers in cities, and canals and ditches for the purpose of drainage in the country. They are generally of pecul­iar local benefit These burdens have always, in every state, from its first settlement, been charged upon the localities benefited, and have been apportioned upon various principles; but, Whatever principle of apportionment has been adopted, they have been known, both in the legislation and ordinary speech of the country, by the name of "assessments." Assessments have also, very generally, if not always, been apportioned upon principles different from those adopted in "taxation," in the ordinary sense of that term; and any one can see, upon a mo­ment's reflection, that the apportionment, to bear equally, and do substantial justice to all parties, must be made upon a different prin­ciple from that adopted in "taxation," so called. Emery v. San Franeisco Gas Co., 28 Oal. 356. The differences between taxation and taking property in right of eminent domain are that taxation exacts money or services from individ­uals, as and for their respective shares of con­tribution to any public burden; while private property taken for public use, by right of emi­nent domain, is taken, not as the owner's share of contribution to a public burden, but as so much beyond his share, and for which com­pensation must be made. Moreover, taxation operates upon a community, or upon a class of persons in a community, and by some rule of apportionment; while eminent domain operates upon an individual, and without reference to the amount or value exacted from any other individual, or class of individuals. People v. Brooklyn, 4 N. Y. 419, 55 Am. Dec. 266.
—Double taxation. See Double.—Taxa­tion of costs. In practice. The process of ascertaining and charging up the amount of costs in an action to which a party is legallv entitled.or which are legally chargeable. And, in English practice, the process of examining the items in an attorney's bill of costs and making the proper deductions, if any.
TAXERS. Two officers yearly chosen In Cambridge, England, to see the true gauge of all the weights and measures.
TAXING OFFICER. Each house of par­liament has a taxing officer, whose duty it is to tax the costs incurred by the promot­ers or opponents of private bills. May, Pari. Pr. 843.
TAXING POWER. The power of any government to levy taxes.
TAXT-WARD. An annual payment made to a superior in Scotland, instead of the duties due to him under the tenure of ward-holding. Abolished. Wharton.
TEAM, or THEAME. In old English law. A Royalty or privilege granted, by royal charter, to a lord of a manor, for the having, restraining, and judging of bond­men and villeins, with their children, goods, and chattels, etc. Glan. lib. 5, c. 2.
TEAM. Within the meaning of an ex­emption law, a "team" consists of either one or two horses, with their harness and the vehicle .to which they are customarily at­tached for use. Wilcox v. Hawley, 31 N. Y. 655.
TEAM WORK. Within the meaning of an exemption law, this term means work done by a team as a substantial part of a man's business; as in farming, staging, ex­press carrying, drawing of freight, peddling, or the transportation of material used or dealt in as a business. Hickok v. Thayer, 49 Vt 375.
TEAMSTER. One who drives horses in a wagon for the purpose of carrying goods for hire. He is liable as a common carrier. Story, Bailm. { 496.
TECHNICAL. Belonging or peculiar to an art or profession. Technical terms are frequently called in the books "words of art."
—Technical mortgage. A true and formal mortgage, as distinguished from other instru­ments which, in some respects, have the char­acter of equitable mortgages. Harrison v. An­napolis & E. R. R. Co., 50 Md. 514.
TEDDING. Spreading. Tedding grass is spreading it out after it is cut in the swath. 10 East, 5.
TEDING-PENNY. In old English law. A small tax or allowance to the sheriff from each tithing of his county towards the charge of keeping courts, etc. Oowell.
TEEF. In Hindu law. A note of hand; a promissory note given by a native banker or money-lender to zemindars and others, to enable them to furnish government with se­curity for the payment of their rents. Whar­ton.
TEGTJLA. In the civil law. A tile. Dig. 19, 1, 18.
TEIND COURT. In Scotch law. A court which has jurisdiction of matters relat­ing to teinds, or tithes.
TEIND MASTERS. Those entitled to tithes.
TEINDS. In Scotch law. A term corres­ponding to tithes (g. v.) in English ecclesias­tical law.
TEINLAND. Sax. In old English law. Land of a thane or Saxon noble; land grant­ed by the crown to a thane or lord. Cowell; 1 Reeve, Eng. Law, 5.
TELEGRAM. A telegraphic dispatch; a message sent by telegraph.
TELEGRAPH. In the English telegraph act of 1863, the word is defined as "a wire or wires used for the purpose of telegraphic communication, with any casing, coating, tube, or pipe inclosing the same, and any ap­paratus connected therewith for the purpose of telegraphic communication." St 26 & 27 Vict. c. 112, § 3.


TELEGRAPHIC. A word occasionally used in old English law to describe ancient documents or written evidence of things past Blount
TELEPHONE. In a general sense, the name "telephone" applies to any instrument or apparatus which transmits sound beyond the limits of ordinary audibility. But, since the recent discoveries in telephony, the name is technically and primarily restricted to an instrument or device which transmits sound by means of electricity and wires similar to telegraphic wires. In a secondary sense, however, being the sense in which it is most commonly understood, the word "telephone" constitutes a generic term, having reference generally to the art of telephony as an insti­tution, but more particularly to the appara­tus, as an entirety, ordinarily used in the transmission, as well as in the reception, of telephonic messages. Hockett v. State, 105 Ind. 261, 5 N. E. 178, 55 Am. Rep. 201.
TELLER. One who numbers or counts. An officer of a bank who receives or pays out money. Also one appointed to count the votes cast in a deliberative or legislative as­sembly or other meeting. The name was also given to certain officers formerly attach­ed to the English exchequer.
The teller is a considerable officer in the ex­chequer, of which officers there are four, whose office is to receive all money due to the king, and to give the clerk of the pells a bill to charge him therewith. They also pay to all persons any money payable by the king, and make weekly and yearly books of their receipts and payments, which they deliver to the lord treas­urer. Cowell; Jacob.
—Tellers in parliament. In the language of parliament, the "tellers" are *the members of the house selected to count the members when a division takes place. In the house of lords a division is effected by the "non-con­tents" remaining within the bar, and the "con­tents" going below it, a teller being appointed for each party. In the commons the "ayes" go into the lobby at one end of the house, and the "noes" into the lobby at the other end, the house itself being perfectly empty, and two tellers being appointed for each party. May, Pari. Pr.; Brown.
TELLIGRAPHUM. An Anglo-Saxon charter of land. 1 Reeve, Eng. Law, c. lf p. 10.
TELLWORC. That labor which a ten­ant was bound to do for his lord for a cer­tain number of days.
tax of two shillings upon every plow-land, a decennary.
TEMERE. Lat In the civil law. Rash­ly; inconsiderately. A plaintiff was said temere Utigare who demanded a thing out of malice, or sued without just cause, and who could show no ground or cause of action. Bnissonius.
TEMPEST. A violent or furious storm; a current of wind rushing with extreme vio­lence, and usually accompanied with rain or snow. See Stover v. Insurance Co., 3 Phila. (Pa.) 39; Thistle v. Union Forwarding Co., 29 U. p. C. P. 84.
TEMPLARS. A religious order of knight­hood, instituted about the year 1119, and so called because the members dwelt in a part of the temple of Jerusalem, and not far from the sepulcher of our Lord. They enter* tained Christian strangers and pilgrims char­itably, and their protession was at first to defend travelers from highwaymen and rob­bers. The order was suppressed A. D. 1307, and their substance given partly to the knights of St. John of Jerusalem, and partly to other religious orders. Brown.
TEMPLE. Two English inns of court, thus called because anciently the dwelling place of the Knights Templar. On the sup­pression of the order, they were purchased by some professors of the common law, and converted into hospitia or inns of durt They are called the "Inner" and "Middle Temple," in relation to Essex House, which was also a part of the house of the Templars^ and called the "Outer Temple," because sit­uated without Temple Bar. Enc. Lond.
TEMPORAL LORDS. The peers of Eng­land ; the bishops are not in strictness held to be peers, but merely lords of parliament 2 Steph. Comm. 330, 345.
TEMPORALIS. Lat. In the civil law. Temporary; limited to a certain time.
^-Temporalis actio. An action which could only be brought within a certain period.—Tem­poralis exceptio. A temporary exception which barred an action for a time only.
TEMPORALITIES. In English law. The lay fees of bishops, with which their churches are endowed or permitted to be en­dowed by the liberality of the sovereign, and in virtue of which they become barons and lords of parliament. Spelman. In a wider sense, the money revenues of a church, de­rived from pew rents, subscriptions, dona­tions, collections, cemetery charges, and oth­er sources. See Barabasz v. Kabat, 86 Md. 23, 37 Atl. 720.
TEMPORALITY. The laity; secular people.
TEMPORARY. That which is to last for a limited time only, as distinguished from that which is perpetual, or indefinite, in its duration. Thus, temporary alimony ia granted for the support of the wife pending the action for divorce. Dayton v. Drake, 64 Iowa, 714, 21 N. W. 158. A temporary in­junction restrains action or any change in the situation of affairs until a hearing on


the merits can be had. Jesse French Piano Co. v. Porter, 134 Ala. 302, 32 South. 678, 92 Am. St. Rep. 81.; Calvert v. State, 34 Neb. 616, 52 N. W. 687. A temporary receiver is one appointed to take charge of property un­til a hearing is had and an gdjudication made. Boonville Nat Bank v. Blakey, 107 Fed. 895, 47 C. C. A. 43. A temporary stat­ute is one limited in respect to its duration. People v. Wright, 70 111. 399. As to tem­porary insanity, see Insanity.
TEMPORE. Lat. In the time of. Thus, the volume called "Cases tempore Holt" is a collection of cases adjudged in the king's bench during the time of Lord Holt Wall. Rep. 398.
civil law. A plea of time; a plea of lapse of time, in bar of an action. Corresponding to the plea of prescription, or the statute of limitations, in our law. See Mackeld. Rom. Law, | 213.
TEMPUS. Lat In the civil and old English law. Time in general. A time lim­ited; a season; e. g., tempus pessonis, mast time in the forest
-Tempns continuum. In the civil law. A continuous or absolute period of time. A term which begins to run from a certain event, even though he for whom it runs has no knowledge of the event, and in which, when it has once begun to run, all the days are reckoned as they follow one another in the calendar. Dig. 3, 2, 8; Mackeld. Rom. Law, § 195.—Tempus semestre. In old English law. The period of six months or half a year, consisting of one hundred and eighty-two days. Cro. Jac. 166. ~-Tempns utile. In the civil law. A profit­able or advantageous period of time. A term which begins to run from a certain event, only when he for whom it runs has obtained a knowl­edge of the event, and in which, when it has once begun to run, those days are not reckoned on which one has no experiundi potestaa; i. e., on which one cannot prosecute his rights before a court. Dig. 3, 6, 6; Mackeld. Rom. Law, § 195.
Tempns enint modns tollendi obliga-tiones et actiones, quia tempns cnrrit contra desides et sni juris contemptores.
For time is a means of destroying obliga­tions and actions, because time runs against the slothful and contemners of their own rights. Fleta, 1. 4, c. 5, § 12.
TENANCY is the relation of a tenant to the land which he holds. Hence it signifies
(1)the estate of a tenant, as in the expres­sions "joint tenancy," "tenancy In common;"
(2)the term or interest of a tenant for years or at will, as when we say that a lessee must remove his fixtures during his tenancy. Sweet.
—General tenancy. A tenancy which is not fixed and made certain in point of duration by the agreement of the parties. Brown v. Bragg, "22 Ind. 122.—Joint tenancy. An estate in joint tenancy is an estate in fee-simple, fee-tail, for life, for years, or'at will, arising by pur-
chase or grant to two or more persons. Joint tenants have one and the same interest, accruing by one and the same conveyance, commencing at one and the same time, and held by one and the same undivided possession. The grand in­cident of joint tenancy is survivorship, by which the entire tenancy on the decease of any joint tenant remains to the survivors, and at length to the last survivor. Pub. St. Mass. 1882, p. 1292; Simons v. McLain, 51 Kan. 153, 32 Pac. 919; Thornburg v. Wiggins, 135 Ind. 178, 34 N. E. 999, 22 L. R. A. 42, 41 Am. St. Rep. 422; Appeal of Lewis, 85 Mich. 340, 48 N. W. 580, 24 Am. St. Rep. 94; Redemptorist Fathers v. Lawler, 205 Pa. 24, 54 Atl. 487. A joint in­terest is one owned by several persons in equal shares, by a title created by a single will or transfer, when expressly declared in the will or transfer to be a joint tenancy, or when granted or devised to executors or trustees as joint ten­ants. Civ. Code Cal. § 683.—Several tenan-* cy. A tenancy which is separate, and not held jointly with another person.—Tenancy at suf­ferance. This is the least and lowest estate which can subsist in realty. It is in strictness not an estate, but a mere possession only. It arises when a person, after his right to the oc­cupation, under a lawful title, is at an end, con­tinues (having no title at all) in possession of the land, without the agreement or disagreement of the person in whom the right of possession re­sides. 2 Bl. Comm. 150.
TENANT. In the broadest sense, one who holds or possesses lands or tenements by any kind of right or title, whether in fee, for life, for years, at will, or otherwise. COwell.
In a more restricted sense, one who holds lands of another; one who has the tempo­rary use and occupation of real property owned by another person, (called the "land­lord,") the duration and terms of his ten­ancy being usually fixed by an instrumeut called a "lease." See Becker v. Becker, 13 App. Div. 342, 43 N. Y. Supp. 17; Bowe v. Hunking, 135 Mass. 383, 46 Am. Rep. 471; Clift v. White, 12 N. Y. 527; Lightbody v. Truelsen, 39 Minn. 310, 40 N. W. 67; Wool-sey v. State, 30 Tex. App. 347, 17 S. W. 546.
The word "tenant" conveys a much more com­prehensive idea in the language of the law than it does in its popular sense. In popular lan­guage it is used more particularly as opposed to the word "landlord," and always seems to imply that the land or property is not the tenant's own, but belongs to some other person, of whom he immediately holds it. But, in the language of the law, every possessor of landed property is called a "tenant" with reference to such prop­erty, and this, whether such landed property is absolutely his own, or whether he merely holds it under a lease for a certain number of years. Brown.
In feudal law. One who holds of an­other (called "lord" or "superior") by some service; as fealty or rent
One who has actual possession of lands claimed in suit by another; the defendant in a real action. The correlative of "demand­ant." 3 Bl. Comm. 180.
Strictly speaking, a "tenant" is a person who holds land; but the term is also ap­plied by analogy to personalty. Thus we speak of a person being tenant for life, Or tenant in common, of stock. Sweet
—Joint tenants. Two 'or more persons to whom are granted lands or tenements to hold in


fee-simple, fee-tail, for life, for years, or at will. 2 Bl. Comm. 179. Persons who own lands by a joint title created expressly by one and the same deed or will. 4 Kent, Comm. 357. Joint tenants have one and the same interest, accru­ing by one and the same conveyance, commenc­ing at one and the same time, and held by one and the same undivided possession. 2 Bl. Comm. 180.—Quasi tenant at sufferance. An under-tenant, who is in possession at the determination of an original lease, and is per­mitted by the reversioner to hold over.—Sole tenant. He that holds lands by his own right only, without any other person being joined with him. Co well.—Tenant a volunte. L. Fr. A tenant at will.—Tenant at sufferance. One that comes into the possession of land by law­ful title, but holds over by wrong, after the de­termination of his interest. 4 Kent, Comm. 116; 2 Bl. Comm. 150; Fielder v. Childs, 73 Ala. 577; Pleasants v. Claghorn, 2 Miles {Pa.) 304; Bright v. McOuat, 40 Ind. 525; Garner v. Hannah, 6 Duer (N. Y.) 270; Wright v. Graves, 80 Ala. 418.—Tenant at will "is where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor, by force of which lease the lessee is in possession. In this case the lessee is call­ed 'tenant at will,' because he hath no certain not sure estate, for the lessor may put him out at what time it pleaseth him." Litt. § 68; Sweet. Post v. Post, 14 Barb. (N. Y.) 258; Spalding v. Hall, 6 D. C. 125; Cunningham v. Holton, 55 Me. 36; Willis v. Harrell, 118 Ga. 906, 45 S. B. 794.—Tenant by copy of court roll (shortly, "tenant by copy") is the old-fash­ioned name for a copyholder. Litt. § 73.—Ten­ant by the curtesy. One who, on the death of his wife seised of an estate ©,f inheritance, after having by her issue born alive and capable of inheriting her estate, holds the lands and ten­ements for the term of his life. Co. Litt. 30a; 2 Bl. Comm. 126.—Tenant by the manner. One who has a less -estate than a fee in land ?which remain!' in the reversioner. He is so call­ed because in avovwies and other pleadings it is spegjally shown, in what manner he is tenant of rate land, is£' contradistinction to the veray tenant, who is called simply "tenant." Ham. N. P. 393.—Tenant for life. One who holds lands or tenements for the term of his own life, or for that of any other person, (in which case he is called "pw auter we") or for more lives than one. 2 Bl. Comm. 120; In re Hyde, 41 Hun (N. Y.) 75.—Tenant for- years. One who has the temporary use and possession of lands or tenements not his own, by virtue of a lease or demise granted to him by the owner, for a determinate period of time, as for a year or a fixed number of years. 2 Bl. Comm. 140. —Tenant from year to year. One who holds lands or tenements under the demise of another, where no certain term has been men­tioned, but an annual rent has been reserved. See 1 Steph. Comm. 271; 4 Kent, Comm. Ill, 114. One who holds over, by consent given ei­ther expressly or constructively, after the de­termination of a lease for years. 4 Kent, Comm. 112. See Shore v. Porter, 3 Term, 16; Rdthschild v. Williamson, 83 Ind. 388; Hunter v. Frost, 47 Minn. 1, 49 N. W. 327; Arbenz v. Bxley. 52 W. Va. 476, 44 S. E. 149, 61 L. R. A. 957.—Tenant in capite. In feudal and old English law. Tenant in chief; one who held immediately under the king, in right of his crown and dignity. 2 Bl. Comm. 60.—Tenant in common. Tenants in common are general­ly defined to be such as hold the same land to­gether by several and distinct titles, but by unity of possession, because none knows his own severalty, and therefore they all occupy promis­cuously. 2 Bl. Comm. 191. A tenancy in com­mon is where two or more hold the same land, with interests accruing under different titles, or accruing under the same title, but at different periods, or conferred by words of limitation im-
porting that the grantees are to take in dis­tinct shares. 1 Steph. Comm. 323. See Coster v. Lorillard, 14 Wend. (N. Y.) 336; Taylor t. Millard, 118 N. Y. 244, 23 N. E. 376, 6L.B. A. 667; Silloway v. Brown, 12 Allen (Mass.) 36; Gage v. Gage, 66 N. H. 282, 29 Atl. 543, 28 L. R A. 829; Hunter v. State, 60 Ark. 312, 30 S. W. 42.—Tenant in dower. This is where the husband of a woman is seised of an estate of inheritance and dies; in this case the wife shall have the third part of all the lands and tenements whereof he was seised at any time during the coverture, to hold to herself for life, as her dower. Co. Litt. 30; 2 Bl. Comm. 129; Combs v. Young, 4 Yerg. (Tenn.) 225, 26 Am. Dec. 225.—Tenant in fee-simple, (or tenant in fee.) He who has lands, tenements, or hereditaments, to hold to him and his heirs forever, generally, absolutely, and simply; with­out mentioning what heirs, but referring that to his own pleasure, or to the disposition of the law. 2 Bl. Comm. 104; Litt. § 1.—Tenant in severalty is he who holds lands and tenements in his own right only, without any other per­son being joined or connected with him in point of interest during his estate therein. 2 Bl. Comm. 179.—Tenant in tail. One who holds an estate in fee-tail, that is, an estate which, by the instrument creating it, is limited to some particular heirs, exclusive of others; as to the heirs of hie body or to the heirs, male or female, of his body.—Tenant in tail ex provisione viri. Where an owner of lands, upon or pre­viously to marrying a wife, settled lands upon himself and his wife, and the heirs of their two bodies begotten, and then died, the wife, as sur­vivor, became tenant in tail of the husband's lands, in consequence of the husband's provision, (ex provisione vxri.) Originally, she could bar the estate-tail like any other tenant in tail; but the husband's intention having been merely to provide for her during her widowhood, and not to enable her to bar his children of their inheritance, she was very early restrained from so doing, by the statute 32 Hen. VII. c. 36. Brown.—Tenant of the demesne. One who is tenant of a mesne lord; as, where A. is ten­ant of B., and C. of A., B. is the lord, A. the mesne lord, and C. tenant of the demesne. Ham. N.. P. 392, 393.—Tenant paravaile. The under-tenant of land; that is, the tenant of a tenant; one who held of a mesne lord.— Tenant to the praecipe. Before the English fines and recoveries act, if land was conveyed to a person for life with remainder to another in tail, the tenant in tail in remainder was unable to bar the entail without the concurrence of the tenant for life, because a common recovery could only be suffered by the person seised of the land. In such a case, if the tenant for life wished to concur in barring the entail, he usually con­veyed his life-estate to some other person, in order that the praecipe in the recovery might be issued against the latter, who was therefore call­ed the "tenant to the prazcipe" Williams, Seis. 169; Sweet.—Tenants by the verge "are in the same nature as tenants by copy of court roll, [*. e., copyholders.] But the reason why they be called 'tenants by the verge' is for that, when they will surrender their- tenements into the hands of their lord to the use of another, they shall have a little rod (by the custome) in their hand, the which they shall deliver to the steward or to the bailife, * * * and the stew­ard or bailife, according to the custome, shall deliver to him that taketh the land the same rod, or another rod, in the name of seisin; and for this cause they are called 'tenants by the verge,' but they have no other evidence [title-deed] but by copy of court roll." Litt. § 78; Co. Litt. 61a.
TENANT-RIGHT. 1. A kind of cus­tomary estate in» the north of England, fall­ing under the general class of copyhold, but


distinguished from copyhold by many of its Incidents.
2.The so-called tenant-right of renewal Is the expectation of a lessee that his lease will be renewed, in cases where it is an established practice to renew leases from time to time, as in the case of leases from the crown, from ecclesiastical corporations, or other collegiate bodies. Strictly speak­ing, there can be no right of renewal against the lessor without an express compact by him to that effect, though the existence of the custom often influences the price in sales.
3.The Ulster tenant-right may be de­scribed as a right on the tenant's part to sell his holding to the highest bidder, sub­ject to the existing or a reasonable increase of rent from time to time, as circumstances may require, with a reasonable veto reserved to the landlord in respect of the incoming tenant's character and solvency. Mozley & Whitley.
TENANT'S FIXTURES. This phrase signifies things which are fixed to the free­hold of the demised premises, but which the tenant may detach and take away, provided he does so in season. Wall v. Hinds, 4 Gray (Mass.) 266, 270, 64 Am. Dec. 64.
TENANTABLE REPAIR. Such a re­pair as will render a house fit for present habitation.
TENCON. L. Fr. A dispute; a quar­rel. Kelham.
TEND. In old English law. To tender or offer. Cowell.
TENDER. An offer of money; the act" by which one produces and offers to a person holding a claim or demand against him the amount of money which he considers and ad­mits to be due, in satisfaction of such claim or demand, without any stipulation or con­dition. Salinas v. Ellis, 26 S. C. 337, 2 S. E. 121; Tompkins v. Batie, 11 Neb. 147, 7 N. W. 747, 38 Am. Rep. 361; Holmes v. Holmes, 12 Barb. (N. Y.) 144; Smith v. Lewis, 26 Conn. 119; Noyes v. Wyckoff, 114 N. Y. 204, 21 N. E. 158.
Tender, in pleading, is a plea by defend­ant that he has been always ready to pay the debt demanded, and before the commence­ment of the action tendered it to the plain­tiff, and now brings it into court ready to be paid to him, etc. Brown.
—Legal tender. That kind of coin, money, or circulating medium which the law compels a creditor to accept in payment of his debt, when tendered by the debtor in the right amount.— Tender of amends. An offer by a person who has been guilty of any wrong or breach of con­tract to pay a sum of money by way of amends. If a defendant in an action make tender of amends, and the plaintiff decline to accept it, the defendant may pay the money into court, and plead the payment into court as a satis-
faction of the plaintiffs claim. Mozley & Whit­ley .—Tender of issue. A form of words in a pleading, by which a party offers to refer the question raised upon it to the appropriate mode of decision. The common tender of an issue of fact by a defendant is expressed by the words. "and of this he puts himself upon the country.'* Steph. PL 54, 230.
TENEMENT. This term, in its vulgar acceptation, is only applied to houses and other buildings, but in its original, proper, and legal sense it signifies everything that may be holdm, provided it be of a perma­nent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal, kind. Thus, liberum tenementum, frank tenement, or freehold, Is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, fran­chises, peerages, etc. 2 Bl. Comm. 16; Mit­chell v. Warner, 5 Conn. 517; Oskaloosa Wa­ter Co. v. Board of Equalization, 84 Iowa,
407,51 N. W. 18, 15 L. R. A. 296; Field v. Higgins, 35 Me. 341; Sacket v. Wheaton, 17 Pick. (Mass.) 105; Lenfers v. Henke, 73 111.
408,24 Am. Rep. 263.
"Tenement" is a word of greater extent than "land," Including not only land, but rents, commons, and several other rights and interests issuing out of or concerning land. 1 Steph. Comm. 158, 159.
Its original meaning, according to some, was "house" or "homestead." Jacob. In modern use it also signifies rooms let in houses. Web­ster.
—Dominant tenement. One for the benefit or advantage of which an easement exists or is enjoyed.—Servient tenement. One which is subject to the burden of an easement existing for or enjoyed by another tenement. See Ease­ment.
TENEMENTAL LAND. Land distrib­uted by a lord among his tenants, as opposed to the demesnes which were occupied by him­self and his servants. 2 Bl. Comm. 90.
TENEMENTIS LEGATIS. An ancient writ, lying to the city of London, or any oth­er corporation, (where the old custom was that men might devise by will lands and tenements, as well as goods and chattels,) for the hearing and determining any contro­versy touching the same. Reg. Orig. 244.
TENENDAS. In Scotch law. The name of a clause in charters of heritable rights, which derives its name from Its first words, "tenendas prcedictas terras;" it points out the superior of 'whom the lands are to be holden, and expresses the particular tenure. Ersk. Inst 2, 3, 24.
TENENDUM. Lat To hold; to be hold-en. The name of that formal part of a deed which is characterized by the words "to hold." It was formerly used to express the tenure by which the estate granted was to be held; but, since all freehold tenures have been converted into socage, the tenendum is


of no further use, and is therefore joined in the habendum,—"to have and to hold." 2 Bl. Comm. 298; 4 Cruise, Dig. 26.
TENENS. A tenant; the defendant in a real action.
TENENTIBTJS IN ASSISA NON ON-ERANDIS. A writ that formerly lay for him to whom a disseisor had alienated the land whereof he disseised another, that he should not be molested in assize for dam­ages, if the disseisor had wherewith to sat­isfy them. Reg. Orig. 214.
TENERE. Lat In the civil law. To hold; to hold fast; to have in possession; to retain,
In relation to the doctrine of possession, this term expresses merely the fact of manual deten­tion, or the corporal possession of any object, without involving the question of title; while habere (and especially possidere) denotes the maintenance of possession by a lawful claim; ?. e., civil possession, as distinguished from mere natural possession.
TENERI. The Latin name for that clause In a bond in which the obligor expresses that he is "held and firmly bound" >to the obligee, his heirs, etc.
TENET; TENUIT. Lat He holds; he held. In the Latin forms of the writ of waste against a tenant, these words intro­duced the allegation of tenure. If the ten­ancy still existed, and recovery of the land was sought the former word was used, (and the writ was said to be "in the tenet.") If the tenancy had already determined, the lat­ter term was used, (the writ being described as "in the tenuit") and then damages only were sought
old English law. A dean. Cowell.
TENMENTALE. The number of ten men, which number, in the time of the Sax­ons, was called a "decennary;" and ten de­cennaries made what was called a "hundred." Also a duty or tribute paid to the crown, consisting of two shillings for each plow-land. Enc. Lond.
TENNE. A term of heraldry, meaning orange color. In engravings it should be represented by lines in bend sinister crossed by others bar-ways. Heralds who blazon by the names of the heavenly bodies, call it "dragon's head," and those who employ jewels, "jacinth." It is one of the colors called "stainand." Wharton.
TENOR. A term used in pleading to de­note that an exact copy is set out 1 Chit Crim. Law, 235.
By the tenor of a deed, or other instru­ment in writing, is signified the matter con­tained therein, according to the true intent and meaning thereof. Cowell.
"Tenor," in pleading a written instrument, imports that the very words are set out "Purport" does not import this, but is equiv­alent only to "substance." Com. v. Wright, 1 Cush. (Mass.) 65; Dana v. State, 2 Ohio St 93; State v. Bonney, 34 Me. 384; State v. Atkins, 5 Blackf. (Ind.) 458; State v. Chinn, 142 Mo. 507, 44 S. W. 245.
The action of proving the tenor, In Scot­land, is an action for proving the contents and purport of a deed which has been lost Bell.
In chancery pleading. A certified copy of records of other courts removed in chan­cery by certiorari. Gres. Eq. Ev. 309.
Tenor est qui legem, dat feudo. It Is
the tenor [of the feudal grant] which regu­lates its effect and extent Craigius, Jus Feud. (3d Ed.) 66; Broom, Max. 459.
DO. A writ whereby the record of an in­dictment, and the process thereupon, was called out of another court into the queen's bench. Reg. Orig. 69.
TENORE FR^BSENTIXJM. By the ten­or of these presents, i. e., the matter con­tained therein, or rather the intent and meaning thereof. Cowell.
TENSERIiE. A sort of ancient tax or military contribution. Wharton.
TENTATES PANTS. The essay or as­say of bread. Blount
TENTERDEN'S ACT. In English law. The statute 9 Geo. IV. c. 14, taking its name from Lord Tenterden, who procured its enactment, which is a species of extension of the statute of frauds, and requires the reduction of contracts to writing.
TENTHS. In English law. A tempo­rary aid issuing out of personal property, and granted to the king by parliament; for­merly the real tenth part of all the mov­ables belonging to the subject. 1 Bl. Comm. 308.^
In English ecclesiastical law. The tenth part of the annual profit of "every liv­ing in the kingdom, formerly paid to the pope, but by statute 26 Hen. VIII. c. 3, transferred to the crown, and afterwards made a part of the fund called "Queen Anne's Bounty." 1 Bl. Comm. 23-1-286.
TENUIT. A term used in stating the tenure in an action for waste done after the termination of the tenancy. See Tenet.
TENURA. In old English law. Tenure,
' Tennra est pactio contra oommunem £endi natnrajm ac rationem, in contractu interposita. Wright, Ten. 21. Tenure is


a compact contrary to the common nature and reason of the fee, put into a contract.
TENURE. The mode or system of hold­ing lands or tenements in subordination to some superior, which, in the feudal ages, was the leading characteristic of real property.
Tenure is the direct result of feudalism, which separated the dormnium directum, {the dominion of the soil,) which is placed mediately or immediately in the crown, from the dominion utile, (the possessory title,) the right to the use and profits in the soil, desig­nated by the term "seisin," which is the high­est interest a subject can acquire. Wharton.
Wharton gives the following list of tenures which were ultimately developed:
Lay Tenures.
I. Frank tenement, or freehold. (1) The mili­
tary tenures (abolished, except grand serjeanty,
and, reduced to free socage tenures) were:
Knight service proper, or tenure in chivalry;
grand serjeanty; cornage. (2) Free socage, or
?low-service; either petit serjeanty, tenure in urgage, or gavelkind.
II. Villeinage. (1) Pure villeinage, (whence
copyholds at the lord's [nominal] will, which is
regulated according to custom.) (2) Privileged
villeinage, sometimes called villein socage,"
(whence tenure in ancient demesne, which is- an
exalted species of copyhold, held according to
custom, and not according to the lord's will,)
and is of three kinds: Tenure in ancient de­
mesne ; privileged copyholds, customary free­
holds, or free copyholds; copyholds of base
Spibittjai, Tenures.
I. Frankalmoigne, or free alms.
II. Tenure by divine service.
Tenure, in its general sense, Is a mode of holding or occupying. Thus, we speak of the tenure of an office, meaning the manner in which it is held, especially with regard to (ime, (tenure for life, tenure during good be­havior,) and of tenure of land in the sense of occupation or tenancy, especially with ref­erence to cultivation and questions of politi­cal economy; e. g., tenure by peasant pro­prietors, cottiers, etc. Sweet. See Bard v. Grundy, 2 Ky. 169; People v. Waite, 9 Wend. (N. T.) 58; Richman v. Lippincott, 29 N. J. Law, 59.
—Tenure by divine service is where an ec­clesiastical corporation, sole or aggregate, holds land by a certain divine service; as, to say prayers on a certain day in every year, "or to distribute in almes to an hundred poore men an hundred pence at such a day." Litt § 137.
TERCE. In Scotch law. Dower; a wid­ow's right of dower, or a right to a life-estate in a third part of the lands of which her husband died seised.
TERCER. In Scotch law. A widow that possesses the third part of her hus­band's land, as her legal jointure. 1 Karnes, Eq. pref.
TERCERONE. A term applied in the West Indies to a person one of whose parents
was white and the other a mulatto. See Dan­iel v. Guy, 19 Ark. 131.
TERM. A word or phrase; an expres­sion; particularly one which possesses a fix­ed and known meaning in some science, art, or profession.
In the civil law. A space of time grant­ed to a debtor for discharging his obligation. Poth. Obi. pt 2, c. 3, art 3, § 1; Civ. Code La. art. 2048.
In estates. "Term" signifies the bounds, limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his "term," and he himself is called, with reference to the term he so holds, the "termor," or "tenant of the term." See Gay Mfg. Co. v. Hobbs, 128 N. C. 46, 38 S. E. 26, 83 Am. St Rep. 661; San­derson v. Scranton, 105 Pa. 472; Hurd v. Whitsett 4 Colo. 84; Taylor v. Terry, 71 Cal. 46, 11 Pac. 813.
Of court. The word "term," when used with reference to a court, signifies the space of time during which the court holds a ses­sion. A session signifies the time during the term when the court sits for the trans­action of business, and the session com­mences when the court convenes for the term, and continues until final adjournment, either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its actual sitting. Lipari v. State, 19 Tex. App. 431. And see Horton v. Miller, 38 Pa. 271; Dees v. State, 78 Miss. 250, 28 South. 849; Conkling v. Ridgely, 112 111. 36, 1 N. E. 261, 54 Am. Rep. 204; Brown v. Hume, 16 Grat. (Va.) 462; Brown v. Leet 136 111. 203, 26 N. E. 639.
—General term. A phrase used in some ju­risdictions to denote the ordinary session of a court, for the trial and determination of causes, as distinguished from a special term, for the hearing of motions or arguments or the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may de­note a sitting of the court in banc. State r. Eggers, 152 Mo. 485, 54 S. W. 498—Regular term. A regular term of court is a term be­gun at the time appointed by law, and continu­ed, in the discretion of the court, to Such time as it may appoint consistent with the law. Wightman v. Karsner, 20 Ala. 451.—Special term. In New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance mo­tions and causes of equitable nature is called the "special term," as opposed to the "general term," held by three judges (usually) to hear ap­peals. Abbott; Gracie v. Freeland, 1 N. Y. 232.—Term attendant on the inheritance. See Attendant Terms.—Term fee. In Eng­lish practice. A certain sum which a solicitor is entitled to charge to his client and the client to recover, if successful, from the unsuccessful party; payable for every term in which any proceedings subsequent to the summons shall take place. Wharton.—Term for deliberat­ing. By "term for deliberating" is understood the time given to the beneficiary heir, to examine

.1. HiJt&Jn.

if it be for bis interest to accept or reject the succession which has fallen to him. Civ. Code La. art 1033.—Term for years. An estate for years and the time during which such estate is to be held are each called a "term;" hence the term may expire before the time, as by a surrender. Co. Litt. 45.—Term in gross. A term of years is said to be either in gross (out­standing) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattach­ed or disconnected from the estate or inheri­tance, as where it is in the hands of some third party having no interest in the inheritance; it is attendant, when vested in some trustee in trust for the owner of the inheritance. Brown. —Term of lease. The word "term," when used in connection with a lease, means the pe­riod which is granted for the lessee to occupy the premises, and does not include the time be­tween the making of the lease and the tenant's entry. Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356.—Term probatory. The period of time allowed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote, Ecc. Pr. 240, 241.—Term to conclude. In English ecclesiastical practice. An appointment by the judge of a time at which both parties are un­derstood to renounce all further exhibits and allegations.—Term to propound all things. In English ecclesiastical practice. An appoint­ment by the judge of a time at which both par­ties are to exhibit all the acts and instruments which make for their respective causes.
In the law of contracts and in court practice. The word is generally used in the plural, and "terms" are conditions; prop­ositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the parties. Webster. See Hutchinson v. Lord, 1 Wis. 313, 60 Am. Dec. 381; State v. Fawcett, 58 Neb. 371, 78 N. W. 636; Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 323.
—Special terms. Peculiar or unusual condi­tions imposed on a party before granting some application to the favor of the court.—Under terms. A party is said to be under terms when an indulgence is granted to him by the court in its discretion, on certain conditions. Thus, when an injunction is granted ex parte, the party obtaining it is put under terms to abide by such order as to damages as the court may make at the hearing. Mozley & Whitley.
TERMES DE LA LET. Terms of the law. The name of a lexicon of the law French words and other technicalities of legal language in old times.
TERMINABLE PROPERTY. This name is sometimes given to property of such a nature that its duration is not perpetual or indefinite, but is limited or liable to termi­nate upon the happening of an event or the expiration of a fixed term; e. g., a leasehold, a life-annuity, etc.
TERMINATING BUILDING SOCI­ETIES. Societies, in England, where the members commence their monthly contribu­tions on a particular day, and continue to pay them until the realization of shares to a given amount for each member, by the ad­vance of the capital of the society to such members as required it, and the payment of
Interest as well as principal by them, so as to insure such realization within a given peri­od of years. They have been almost super­seded by permanent building societies. Wharton.
TERMINER. L. Fr. To determine. See Oteb and Tebmineb.
TERMINI. Lat Ends; bounds; limit­ing or terminating points.
TERMINO. In Spanish law. A com­mon ; common land. Common because of vicinage White, New Recop. b. 2, tit. 1, c. 6, § 1, note.
TERMINUM. A day given to a defend­ant Spelman.
TERMINUM QUI PRETERIIT, WRIT OF ENTRY AD. A writ which lay for the reversioner, when the possession was with­held by the lessee, or a stranger, after the determination of a lease for years. Brown.
TERMINUS. Boundary; a limit, either of space or time.
The phrases "terminus a quo" and "ter­minus ad quern" are used, respectively, to designate the starting point and terminating point of a private way. In the case of a street, road, or railway, either end may be, and commonly is, referred to as the "termi­nus."
Terminus annornnt certns debet esse et determinatus. Co. Litt. 45. A term of years ought to be certain and determinate.
Terminus et feodum non possunt eon-stare simul in una eademqne persona.
Plowd. 29. A term and the fee cannot both be in one and the same person at the same time.
TERMINUS HOMINIS. In English ec­clesiastical practice. A time for the deter­mination of appeals, shorter than the termi­nus juris, appointed by the judge. Hallifax, Civil Law, b. 3, c. 11, no. 36.
TERMINUS JURIS. In English ecclesi­astical practice. The time of one or two years, allowed by law for the determination of appeals. Hallifax, Civil Law, b. 3, c. 11, no. 38.
TERMOR. He that holds lands or ten­ements for a term of years or life. But we generally confine the application of the word to a person entitled for a term of years. Mozley & Whitley.
TERRA. Lat Earth; soil; arable land.
Kennett Gloss.
•—Terra affirmata. Land let to farm.—Ter­ra boscalis. Woody land.—Terra culta. Cultivated land.—Terra debilis. Weak or


barren land.—Terra dominica, or indomi-nicata. The demesne land of a manor. Cow-ell.—Terra exeultabilis. Land which may be plowed. Mon. Ang. i. 426.—Terra extenden-da. A writ addressed to an escheator, etc., that he inquire and find out the true yearly value of any land, etc., by the oath of twelve men, and to certify the extent into the chancery. Reg. Writs, 293.—Terra frosea, or frisca. Fresh land, not lately plowed. Cowell.—Terra by-data. Land subject to the payment of hydage. Selden.—Terra lucrabilis. Land gained from the sea or inclosed out of a waste. Cowell.— Terra Normanornm. Land held by a Nor­man. Paroch. Antiq. 197.—Terra nova. Land newly converted from wood ground or arable. Cowell.—Terra pntura. Land in forests, held by the tenure of furnishing food to the keepers therein. 4 Inst. 307.—Terra sabulosa. Grav­elly or sandy ground.—Terra Salica. In Salic law. The land of the house; the land within that inclosure which belonged to a German house. No portion of the inheritance of Salic land passes to a woman, but this the male sex acquires; that is, the sons succeed in that in­heritance. Lex Salic, tit. 62, § 6.—Terra tes-tamentalis. Gavel-kind land, being disposa­ble by will. Spelman.—Terra vestita. Land sown with corn. Cowell.—Terra wainabilis. Tillable land. Cowell.—Terra warrenata. Land that has the liberty of free-warren.—Ter-rse dominioales regis. The demesne lands of the crown.
Terra manens vacua occupant! eon-eeditur. 1 Sid. 347. Land lying unoccupied Is given to the first occupant
TERRAGE. In old English law. A kind of tax or charge on land; a boon or duty of plowing, reaping, etc. Cowell.
TERR AGES. An exemption from all uncertain services. Cowell.
TERRARIUS. In old English law. A landholder.
TERRE-TENANT. He who is literally in the occupation or possession of the land, as distinguished from the owner out of pos­session. But, in a more technical sense, the person who is seised of the land, though not In actual occupancy of it, and locally, in Pennsylvania, one who purchases and takes land subject to the existing lien of a mort­gage or judgment against a former owner. See Dengler v. Kiehner, 13 Pa. 38, 53 Am. Dec. 441; Hulett v. Insurance Co., 114 Pa. 142, 6 Atl. 554.
TERRIER. In English law. A land-roll or survey of lands, containing the quan­tity of acres, tenants' names, and such like; and in the exchequer there is a terrier of all the glebe lands in England, made about 1338. In general, an ecclesiastical terrier contains a detail of the temporal possessions of the church in every parish. Cowell; Tomlins; Mozley & Whitley.
writ for a clerk to recover his lands, goods,
and chattels, formerly seized, after he had cleared himself of the felony of which ha was accused, and delivered to his ordinary to be purged. Reg. Orig.
TERRIS ET CATALLIS TENTIS UL­TRA DEBITUM LEVATUM. A judicial writ for the restoring of lands or goods to a debtor who is distrained above the amount of the debt Reg. Jud.
TERRIS LIBERANDIS. A writ that lay for a man convicted by attaint to bring the record and process before the king, and take a fine for his imprisonment, and then to deliver to him his lands and tene­ments again, and release him of the strip and waste. Reg. Orig. 232. Also it was a writ for the delivery of lands to the heir, after homage and relief performed, or upon security taken that he should perform them. Id. 293.
These terms are used to signify connection with; or limitation with reference to, a par­ticular country or territory. Thus, "terri­torial law" is the correct expression for the law of a particular country or state, although "municipal law" is more common. "Terri­torial waters" are that part of the sea adja­cent to the coast of a given country which is by international law* deemed to be within the sovereignty of ^hat country, so that its courts have jurisdiction over offenses com­mitted on those waters, even by a person on board a foreign ship. Sweet
TERRITORIAL COURTS. The courts established In the territories of the United States.
TERRITORY. A part of a country sep­arated from the rest and subject to a par­ticular jurisdiction.
In American law.' A portion of the United States, not within the limits of any state, which has not yet been admitted as a state of the Union, but is organized, with a separate legislature, and with executive and judicial officers appointed by the president See Ex' parte Morgan (D. C.) 20 Fed. 304; People v. Daniels, 6 Utah, 288, 22 Pac. 159, 5 L. R. A. 444; Snow v. U. S., 18 Wall. 317, 21 L. Ed. 784.
—Territory of a judge. The territorial jurisdiction of a judge; the bounds, or district within which he taay lawfully exercise his judicial authority. Phillips v. Thralls, 26 Kan. 781.
TERROR. Alarm; fright; dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation; fear caused by the appear­ance of danger. In an indictment for riot, it must be charged that the acts done were


"to the terror of the people." See Arto v. State, 19 Tex. App. 136.
TERTIA DENUNCIATIO. Lat. In old English law. Third publication or proclama­tion of intended marriage.
the civil law. A third person intervening; a third person who comes in between the par­ties to a suit; one who interpleads. Gil­bert's Forum Rom. 47.
TEST. To bring one to a trial and exam­ination, or to ascertain the truth or the quality or fitness of a thing.
Something- by which to ascertain the truth respecting another thing; a criterion, gauge, standard, or norm.
In public law, an inquiry or examination addressed to a person appointed or elected to a public office, to ascertain his qualifica­tions therefor, but particularly a scrutiny of his political, religious, or social views, or his attitude of past and present loyalty or dis­loyalty to the government under which he is to act. See Attorney General v. Detroit Common Council, 58 Mich. 213, 24 N. W. 887, 55 Am. Rep. 675; People v. Hoffman, 116 111. 587, 5 N. E. 596, 56 Am. Rep. 793; Rogers v. Buffalo, 51 Hun, 637, 3 N. Y. Supp. 674.
—Test act. The statute 25 Car. II. c 2, which directed all civil and military officers to take the oaths of allegiance and supremacy, and make the declaration against transubstan-tiation, within six months after their admis­sion, and also within the same time receive the sacrament according to the usage of the Church of England, under penalty of £500 and disability to hold the office. 4 Bl. Comm. 58, 59. This was abolished by St. 9 Geo. IV. c. 17, so far as concerns receiving the sacrament, and a new form of declaration was substituted. —Test action. An action selected out of a considerable number of suits, concurrently de­pending in the same court, brought by several plaintiffs against the same defendant, or by one plaintiff against different defendants, all similar in their circumstances, and embracing the same questions, and to be supported by the same evidence, the selected action to go first to trial, (under an order of court equivalent to consolidation,) and its decision to serve as a itest of the right of recovery in the others, all 'parties agreeing to be bound by the result of the test action.—Test oath. An oath required to be taken as a criterion of the fitness of the person to fill a public or political office; but particularly an oath of fidelity and allegiance (past or present) to the established government. —Test-paper. In practice. A paper or in­strument shown to a jury as evidence. A term used in the Pennsylvania courts. Depue v. Clare, 7 Pa. 428.
TESTA DE NEVIL. An ancient and au­thentic record in two volumes, in the cus­tody of the king's remembrancer in the ex­chequer, said to be compiled by John de Nevil, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cow-ell. These volumes were printed in 1807, nnder the authority of the commissioners of the public records, vand contain an account
of fees held either immediately of the king or of others who held of the king in capite; fees holden in frankalmoigne; serjeantles holden of ,the king; widows and heiresses of tenants in capite, whose marriages were in the gift of the king; churches in the gift of the king; escheats, and sums paid for scutages and aids, especially within the coun­ty of Hereford. Cowell; Wharton.
TESTABLE. A person is said to be test­able when he has capacity to make a will; a man of twenty-one years of age and of sane mind is testable.
TESTACY. The state or condition of leaving a will at one's death. Opposed to "intestacy."
TESTAMENT. A disposition of personal property to take place after the owner's de­cease, according to his desire and direction. Pluche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 109 Pa. 447, 1 Atl. 336; Conklin v. Egerton, 21 Wend. (N. T.) 436; Ragsdale v. Booker, 2 Strob. Eq. (S. C.) 34a
A testament is the act of last will, clothed with certain solemnities, by which the testa­tor disposes of his property, either univer­sally, or by universal title, or by particular title. Civ. Code La. art. 1571.
Strictly speaking, the term denotes only a will of personal property; a will of land not being called a "testament." The word "tes­tament" is now seldom used, except in the heading of a formal will, which usually be­gins: "This is the last will and testament of me, A. B.," etc. Sweet.
Testament is the true declaration of a man's last will as to that which he would have to b« done after his death. It is compounded, ac­cording to Justinian, from testatto mentis; but the better opinion is that it is a simple word formed from the Latin testor, and not a com­pound word. Mozley & Whitley.
—Military testament. In English law. A nuncupative will, that is, one made by word of mouth, by which a soldier may dispose of his goods, pay, and other pers6nal chattels, without the forma and solemnities which the law re­quires in other cases. St. 1 Vict c. 26, § 11. —Mutual testaments. Wills made by two persons who leave their effects reciprocally to the survivor.—Mystic testament. In the law of Louisiana. A sealed testament. The mystic or secret testament, otherwise called the "closed testament," is made in the following manner: The testator must sign his dispositions, whether he has written them himself or has caused them to be written by another person. The paper containing those dispositions, or the paper serv­ing as, their envelope, must be closed and sealed. The testator shall present it thus closed and sealed to the notary and to seven witnesses, or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary, in presence of the witnesses, that that paper contains his testament written by him­self, or by another by his direction, and signed by him, - the testator. The notary shall then draw up the act of superscription, which shall be written on that paper, or on the sheet that serves as its envelope, and that act shall be signed by the testator, and by the notary and^ the witnesses. Civ. Code La. art. 1584.


Testamenta cum duo inter se pngnan-tia reperiuntur, ultimum ratum est; sio est, cum duo inter se pugnantia reperi­untur in eodem testamento. Co. Litt 112. When two conflicting wills are found, the last prevails; so it is when two conflict­ing clauses occur in the same will.
Testamenta latissimam interpretatio-nem habere debent. Jenk. Cent. 81. Wills ought to have the broadest interpretation.
TESTAMENTARY. Pertaining to a will or testament; as testamentar%) causes. De­rived from, founded on, or appointed by a testament or will; as a testamentary guard­ian, letters testamentary, etc.
A paper, instrument, document, gift, ap­pointment, etc., is said to be "testamentary" when it is written or made so as not to take effect until after the death of the person making it, and to be revocable and retain the property under his control during his life, although he may have believed that it would operate as an instrument of a differ­ent character. Sweet
—Letters testamentary. The formal in­strument of authority and appointment given to an executor by the proper court, upon the ad­mission of the will to probate, empowering him to enter upon the discharge of his office as executor.—Testamentary capacity. That measure of mental ability which is recognized in law as sufficient for the making a will. See Nicewander v. Nicewander, 151 111. 156, 37 N. E. 698; Dela field v. Parish, 25 N. Y. 29; Yardley v. Cuthbertson, 108 Pa. 395, 1 Atl. 765, 56 Am. Rep. 218; Leech v. Leech, 21 Pa. 67; Duffield v. Robeson, 2 Har. (Del.) 379; Lowe v. Williamson, 2 N. J. Eq. 85.—Testa­mentary causes. In English law. Causes or matters relating to the probate of wills, the
ffranting of administrations, and the suing for egacies, of which the ecclesiastical courts have jurisdiction. 3 Bl. Comm. 95, 98. Testamen­tary causes are causes relating to the validity and execution of wills. The phrase is generally confined to those causes which were formerly matters of ecclesiastical jurisdiction, and are now dealt with by the court of probate. Moz-ley & Whitley.—Testamentary disposition. A disposition of property by way of gift, which is not to take effect unless the grantor dies or until that event. Diefendorf v. Diefendorf, 56 Hun, 639. 8 N. Y. Supp. 617; Chestnut St. Nat. Bank v. Fidelity Ins., etc., Co., 186 Pa. 333. 40 Atl. 486, 65 Am. St. Rep. 860.—Testa­mentary guardian. A guardian appointed by the last will of a father for the person and seal and personal estate of his child until the latter arrives of full age. 1 Bl. Comm. 462; 2 Kent, Comm. 224.—Testamentary paper. An instrument in the nature of a will; an un-probated will; a paper writing which is of the character of a will, though not formally such, and which, if allowed as a testament, will have the effect of a will upon the devolution and distribution of property.—Testamentary suc­cession. In Louisiana, that which results from the institution of an heir contained in a testament executed in the form prescribed by law. Civ. Code La. 1900, art. 876.—Testa­mentary trustee. See Trustee.
civil law. The ceremony of making a testa­ment, either as testator, heir, or witness.
TESTAMENTUM. Lat. In the civil law. A testament; a will, or last will.
In old English lair. A testament or will; a disposition of property made in con­templation of death. Bract, fol. 60.
A general name for any instrument of con­veyance, including deeds and charters, and so called either because it furnished written testimony of the conveyance, or because it was authenticated by witnesses, (testes.) Spelman.
—Testamentum inofficiosum. Lat. In the civil law. An inofficious testament, (q. v.)
Testamentum est voluntatis nostras justa sententia, de eo quod quia post mortem suam fieri velit. A testament is the just expression of our will concerning that which any one wishes done after his death, [or, as Blackstone translates, "the le­gal declaration of a man's intentions which he wills to be performed after his death."] Dig. 28, 1, 1; 2 Bl. Comm. 499.
Testamentum, i. e., testatio mentis, facta nullo praesente metu periculi, sed cogitatione mortalitatis. Co. Litt. 322. A testament, i. e., the witnessing of one's intention, made under no present fear of danger, but in expectancy of death.
Testamentum Omne morte consumma-tur. Every will is perfected by death. A will speaks from the time of death only. Co. Litt. 232.
TESTARI. Lat In the civil law. To testify; to attest; to declare, publish, or make known a thing before witnesses. To make a will. Calvin.
TESTATE. One who has made a, will; one who dies leaving a will.
TESTATION. Witness; evidence.
TESTATOR. One who makes or has made a testament or will; one who dies leaving a will. This term is borrowed from the civil law. Inst. 2, 14, 5, 6.
Testatoris ultima voluntas est perim-plenda secundum veram intentionem suam. Co. Litt. 322. The last will of .a testator is to be thoroughly fulfilled accord­ing to his real intention.
TESTATRIX. A woman who makes a will; a woman who dies leaving a will; a female testator.
TESTATUM. In practice. When a writ of execution has been directed to the sheriff of a county, and he returns that the defendant is not found in his bailiwick, or that he has no goods there, as the case may be, then a second writ, reciting this former


writ and the sheriffs answer to the same, may be directed to the sheriff of some other county wherein the defendant is supposed to be,,or to have goods, commanding him to ex­ecute the writ as it may require; and this second writ is called a "testatum" writ, from the words with which it concludes, viz.: "Whereupon, on behalf of the said plaintiff, it is testified in our said court that the said defendant is [or has goods, etc.] within your bailiwick."
In conveyancing. That part of a deed which commences with the words, "This in­denture witnesseth."
TESTATUM WRIT. In practice. A writ" containing a testatum clause; such as a testatum capias, a testatum fi. fa., and a testatum ca. sa. See Testatum.
TESTATUS. Lat. In the civil law. Testate; one who has made a wilL Dig. 50, 17, 7.
TESTE MEIPSO. Lat. In old English law and practice. A solemn formula of at­testation by the sovereign, used at the conclu­sion of charters, and other public instru­ments, and also of original writs out of chan­cery. Spelman.
TESTE OF A WRIT. In practice. The concluding clause, commencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested.
"Teste" is a word commonly used in the last part of every writ, wherein the date is con­tained, beginning with the words, "Teste meipso," meaning the sovereign, if the writ be an original writ, or be issued in the name of the sovereign; but, if the writ be a judicial writ, then the word "Teste" is followed by the name of the chief judge of the court in which the action is brought, or, in case of a vacancy of such office, in the name of the senior puisne judge. Mozley & Whitley.
TESTED. To be tested is to bear the teste, (q. v.)
TESTES. Lat Witnesses.
•—Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the wit­nesses examined; but this mode of trial, al­though it was common in the civil law, was seldom resorted to in the practice of the com­mon law, but it is now becoming common when each party waives his right to a trial by jury. Brown.
Testes ponderantur, non nnmerantnr.
Witnesses are weighed, not numbered. That Is, in case of a conflict of evidence, the truth is to be sought by weighing the credibility of the respective witnesses, not by the mere numerical preponderance on one side or the other.
Testes qui postnlat debet dare eis sumptus eompetentes. Whosoever de-
mands witnesses must find them in compe­tent provision.
Testibns deponentibns in pari nnmero, dignioribns est eredendnm. Where the witnesses who testify are in equal number, [on both sides,]' the more worthy are to be believed. 4 Inst 279.
TESTIFY. To bear witness; to give evi­dence as a witness; to make a solemn dec­laration, under oath or affirmation, in & judi­cial inquiry, for the purpose of establishing or proving some fact See State v. Robert­son, 26 S. 0. 117, 1 S. E. 443; Gannon v. Stevens, 13 Kan. 459; Nash v. Hoxie, 59 Wis. 384, 18 N. W. 408; O'Brien v. State, 125 Ind. 38, 25 N. E. 137, 9 L. R. A. 323; Mudge v. Gilbert 43 How. Prac. (N. T.) 221.
Testimonia ponderanda sunt, non nn-meranda. Evidence is to be weighed, not enumerated.
TESTIMONIAL. Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special mean­ing, under St. 39 Eliz. c. 17, § 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, tes­tifying the place and time when and where a soldier or mariner landed, and the place of his dwelling or birth, unto which he was to pass, and a convenient time limited for his passage. Every idle and wandering soldier or mariner not having such a testimonial, or willfully exceeding for above fourteen days the time limited thereby, or forging or coun­terfeiting such testimonial, was to suffer death as a felon, without benefit of clergy. This act was repealed, in 1812, by St 52 Geo. III. c. 81. Mozley & Whitley.
TESTIMONIAL PROOF. In the civil law. Proof by the evidence of witnesses, t. e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof.
TESTIMONIO. In Spanish law. An au­thentic copy of a deed or other instrument made by a notary and given to an interested party as evidence of his title, the original remaining in the public archives. Guilbeau v. Mays, 15 Tex. 414.
TESTIMONIUM CLAUSE. In convey­ancing. That clause of a deed or instrument with which it concludes: "In witness where­of, the parties to these presents have here­unto set their hands and seals."
TESTIMONY. Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources.
Testimony is not synonymous with evi­dence. It is but a species, a class, or kind of


evidence. Testimony is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, docu­ments, admissions of parties, etc. Mann v. Higgins, 83 Cal. 66, 23 Pac. 206; Carroll v. Bancker, 43 La. Ann. 1078, 10 South. 192; Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N. W. 346; Harris v. Tom-linson, 130 Ind. 426, 30 N. E. 214. See Evi­dence.
—Negative testimony. Testimony not bear­ing directly upon the immediate fact or oc­currence under consideration, but evidencing facts from which it may be inferred that the act or fact in question could not possibly have happened. See Barclay v. Hartman, 2 Marv. (Del.) 351, 43 Atl. 174.
TESTIS. Lat. A witness; one who gives evidence in court, or who witnesses a docu­ment.
Testis de visn prseponderat aliis. 4
Inst. 279. An eye-witness is preferred to others.
Testis lupanaris siifflcit ad factum in lnpanari. Moore, 817. A lewd person is a sufficient witness to an act committed in a brothel.
Testis nemo in sna eansa esse potest.
No one can be a witness in his own cause.
Testis ocnlatns irons pins valet qnam anxiti decern. 4 Inst. 279. One eye-wit­ness is worth more than ten ear-witnesses.
TESTMOIGNE. An old law French term, denoting evidence or testimony or a witness.
Testmoignes ne poent testifier le nega­tive, mes l'afflrmative. Witnesses cannot testify to a negative; they must testify to an affirmative. 4 Inst. 279.
TEXT-BOOK. A legal treatise which lays down principles or collects decisions on any branch of the law.
TEXTUS ROFFENSIS. In old English law. The Rochester text An ancient manu­script containing many of the Saxon laws, and the rights, customs, tenures, etc., of the church of Rochester, drawn up by Ernulph, bishop of that see from A. D. 1114 to 1124. Cowell.
THALWEG. Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface, such as a watercourse; hence the middle of the deepest part of the chan­nel of a river or other, stream. See Iowa v. Illinois, 147 U. S. 1, 13 Sup. Ct 239, 37 L. Ed. 55; Keokuk & H. Bridge Co. v. People, 145 111. 596, 34 N. E. 482.
THANAGE OF THE KING. A certain part of the king's land or property, of which
the ruler or governor was called "thane." Cowell.
THANE. An Anglo-Saxon nobleman; an old title of honor, perhaps equivalent to "baron." There were two orders of thanes, —the king's thanes and the ordinary thanes. Soon after the Conquest this name was dis­used. Cowell.
THANE£ANDS. Such lands as were granted by charter of the Saxon kings to their thanes with all immunities, except from the trinoda necessitas. Cowell.
THANESHIP. The office and dignity of a thane; the seigniory of a thane.
That which I may defeat by my entry I make good by my confirmation. Co.
Litt 300.
THAVIES INN. An inn of chancery. See Inns of Chanceet.
THE. An article which particularizes the subject spoken of. "Grammatical niceties should not be resorted to without necessity; but it would be extending liberality to an unwarrantable length to confound the arti­cles 'a' and 'the.' The most unlettered per­sons understand that 'a* is indefinite, but 'the' refers to a certain object." Per Tilgh-man, C. J., Sharff v. Com., 2 Bin. (Pa.) 516
The fund which has received the ben­efit shonld make the satisfaction. 4
Bouv. Inst note 3730.
THEATER. Any edifice used for the purpose of dramatic or operatic or other representations, plays, or performances, for admission to which entrance-money is re­ceived, not including halls rented or used occasionally for concerts or theatrical repre­sentations. Act Cong. July 13, 1866, § 9 (14 St at Large,- 126). And see Bell v. Mahn, 121 Pa. 225, 15 Atl. 523, 1 L. R. A. 364, 6 Am. St. Rep. 786; Lee v. State, 56 Ga. 478; Jacko v. State, 22 Ala. 74.
THEFT. An unlawful felonious taking away of another man's movable and per­sonal goods against the will of the owner. Jacob.
Theft is the fraudulent taking of corporeal personal property belonging to another, from his possession, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person taking. Quit-zow v. State, 1 Tex. App. 65, 28 Am. Rep. 396; Mullins v. State, 37 Tex. 338; U. S. v. Thomas (D. C.) 69 Fed. 590; People v. Dono-hue, 84 N. Y. 442.
In Scotch law. The secret and felonious abstraction of the property of another for sake of lucre, without his consent Alls. Crim. Law, 250.


THEFT-BOTE. The offense committed by a party who, having been robbed and knowing the felon, takes back his goods again, or receives other amends, upon an agreement not to prosecute. See Forshner v. Whitcomb, 44 N. H. 16.
Theft-bote est emenda furti capta, sine consideratione curiae domini regis.
3 Inst 134. Theft-bote is the paying money to have goods stolen returned, without hav­ing any respect for the court of the king.
THELONIO IRRATIONABIM HA-BENDO. A writ that formerly lay for him that had any part of the king's demesne in fee-farm, to recover reasonable toll of the king's tenants there, if his demesne had been accustomed to be tolled. Reg. Orig. 87.
THELONIUM. An abolished writ for citizens or burgesses to assert their right to exemption from toll. Fitzh. Nat. Brev. 226.
THELONMANNUS. The toll-man or officer who receives toll. Cowell.
THELUSSON ACT. The statute 39 & 40 Geo. III. c. 98, which restricted accumula­tions to a term of twenty-one years from the testator's- death. It was passed in conse­quence of litigation over the will of one Thelusson.
THEME. In Saxon law. The power of having jurisdiction over naifs or villeins, with their suits or offspring, lands, goods, and chattels. Co. Litt 116a.
THEMMAGIUM. A duty or acknowl­edgment paid by inferior tenants in respect of theme or team. Cowell.
THEN. This word, as an adverb, means "at that time," referring to a time specified, either past or future. It has no power in itself to fix a time. It simply refei's to a time already fixed. Mangum v. Piester, 16 S. C. 329. It may also denote a contingency, and be equivalent to "in that event" Pin-tard v. Irwin, 20 N. J. Law, 505.
THENCE. In surveying, and in descrip­tions of land by courses and distances, this word, preceding each course given, imports that the following course is continuous with the one before it Flagg v. Mason, 141 Mass. 66, 6 N. E. 702.
THEOCRACY. Government of a state by the immediate direction of God, (or by the assumed direction of a supposititious divinity,) or the state thus governed.
THEODEN. In Saxon law. A husband­man or inferior tenant; an under-thane. Cowell.
THEODOSIAN CODE. See Codex Theodosianus.
THEOF. In Saxon law. Offenders who joined in a body of seven to commit depreda­tions. Wharton.
THEOWES, THEOWMEN, or THEWS. In feudal law. Slaves, captives, or bond­men. Spel. Feuds, c 5.
THEREUPON. At once; without inter­ruption; without delay or lapse of time. Putnam v. Langley, 133 Mass. 205.
THESAURER. Treasurer. 8 State Tr. 691.
treasury; a treasure.
—Thesaurus absconditus. In old English law. Treasure hidden or buried. Spelman. .—Thesaurus inventus. In old English law. Treasure found; treasure-trove. Bract fols. 119&, 122.
Thesaurus competit domino regi, et non domino liberatis,' nisi sit per verba specialia. Fitzh. Coron. 281. A treasure belongs to the king, and not to the lord of a liberty, unless it be through special words.
Thesaurus inventus est vetus disposi-tio pecuniae, etc., cujus non extat modo memoria, adeo ut jam dominum non ha-beat. 3 Inst. 132. Treasure-trove is an ancient hiding of money, etc., of which no recollection exists, so that it now has no owner.
Thesaurus non competit regi, nisi quando nemo scit qui abscondit thesau-rum. 3 Inst. 132. Treasure does not belong to the king, unless no one knows who hid it
Thesaurus regis est vinculum pacis et bellorum nervus. Godb. 293. The king's treasure is the bond of peace and the sinews of war.
THESMOTHETE. A law-maker; a law­giver.
THETHINGA. A tithing.
THIA. Lat In- the civil and old Euro­pean law. An aunt
THIEF. One who has been guilty of lar­ceny or theft The term covers both com­pound and simple larceny. America Ins. Co. v. Bryan, 1 Hill (N. Y.) 25.
THINGS. The most general denomina­tion of the subjects of property, as contra­distinguished from persons. 2 Bl. Comm. 16.
The word "estate" in general is applicable to anything of which riches or fortune may con­sist. The word is likewise relative to the word "things," which is the second object of juris­prudence, the rules of which are applicable to


persona things, and actions. Civ. Code La. art. 448.
Such permanent objects, not being persons, as are sensible, or perceptible through the senses. Aust Jur. § 452.
A "thing" is the object of a right; i. e., what­ever is treated by the law as the object oyer which one person exercises a right, and with reference to which another person lies under a duty. Holl. Jur. 83.
Things are the subjects of dominion or prop­erty, as distinguished from persons. They are distributed into three kinds: (1) Things real or immovable, comprehending lands, tenements, and hereditaments; (2) things personal or mov­able, comprehending goods and chattels; and (3) things mixed, partaking of the character­istics of the two former, as a title-deed, a term for years. The civil law divided things into corporeal (tangi possunt) and incorporeal (tangi non possunt.) Wharton.
—Things In action. A thing in action is a right to recover money or other personal prop­erty by a judicial proceeding. Civ. Code Cal. i 953. See Chose in Action.—Things per­sonal. Goods, money, and all other movables, which may attend the owner's person where-ever he thinks proper to go. 2 Bl. Comm. 16. Things personal consist of goods, money, and all other movables, and of such rights and profits as relate to movables. 1 Steph. Comm. 156. See People v. Holbrook. 13 Johns. (N. Y.) 90; U. S. v. Moulton, 27 Fed. Cas. 11; People v. Brooklyn, 9 Barb. (N. T.) 546.— Things real. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place; as lands and tenements. 2 Bl. Comm. 16. This definition has been ob­jected to as not embracing incorporeal rights. Mr. Stephen defines things real to "consist of things substantial and immovable, and of the rights and profits annexed to or issuing out of these." 1 Steph. Comm. 156. Things real are otherwise described to consist of lands, tene­ments, and hereditaments. See Bates v. Spar-rell, 10 Mass. 324; People t. Brooklyn, 9 Barb. (N. Y.) 546.
Things accessory are of the natnre of the principal. Finch, Law, b. 1, c. 3, n. 25.
Things are construed according to that -which was the cause thereof.
Finch, Law, b. 1, c. 3, n. 4.
Things are dissolved as they be Con­tracted. Finch, Law, b. 1, c. 3, n. 7.
Things grounded upon an ill and void beginning cannot have a good perfec­tion. Finch, Law, b. 1, c. 3, n. 8.
Things in action, entry, or re-entry cannot be granted over. Van Rensselaer v. Ball, 19 N. Y. 100, 103.
Things incident cannot be severed.
Finch, Law, b. 3, c. 1, n. 12.
Things incident pass by the grant of the principal. Seymour v. Canandaigua & N. F. R. Co., 25 Barb. (N. Y.) 284, 310.
Things incident shall pass by the grant of the principal, but not the principal by the grant of the incident.
Co. Litt 152a, 1516; Broom, Max. 433. Bl.Law Dict.(2d Ed.)—73
THINGUS. In Saxon law. A thane or nobleman; knight or freeman. Cowell.
THINK. In a special finding by a Jury, this word is equivalent to "believe," 'and ex­presses the conclusion of the jury with suffi­cient positiveness. Martin v. Central Iowa Ry. Co., 59 Iowa, 414, 13 N. W. 424.
laws of St. Edward the Confessor, if any man lay a third night in an inn, he was called a "third-night-awn-hinde," and> his host was answerable for him if he committed any offense. The first night, forman-night, or uncouth, (unknown,) he was reckoned a stranger; the second night, twa-night, a guest; and the third night, an awn-hinde, a domestic. Bract. 1. 3.
THIRD. Following next after the sec­ond; also, with reference to any legal in­strument or transaction or judicial proceed­ing, any outsider or person not a party to the affair nor immediately concerned In it.
—Third opposition. In Louisiana, when an execution is levied on property which does' not belong to the defendant, but to an outsider, the remedy^ of the owner is by an intervention called a "third opposition," in which, on his giving security, an injunction or prohibition may be granted to stop the sale. See New Orleans v. Louisiana Const. Co., 129 U. S. 45, 9 Sup. Ct. 223, 32 L. Ed. 607.—Third parties. See Party.—Third penny. A portion (one-third) of the amount of all fines and other profits of the county court, which was reserved tor the earl, in the early days when the juris­diction of those courts was extensive, the re­mainder going to the king.—Third possessor. In Louisiana, a person who buys mortgaged property, but without assuming the payment of the mortgage. Thompson v. Levy, 50 La. Ann. 751, 23 South. 913.
THIRDBOROUGH, or THIRD BO-ROW. An under-constable. Cowell.
THIRDINGS. The third part of the corn growing on the land, due to the lord for a heriot on the death of his tenant, with­in the the manor of Turfat, in Hereford. Blount.
THIRDS. The designation, In colloquial language, of that portion of a decedent's personal estate (one-third) which goes to the widow where there is also a child or chil­dren. See Yeomans v. Stevens, 2 Allen (Mass.) 350; O'Hara v. Dever, 46 Barb. (N. Y.) 614.
THIRLAGE. In Scotch law. A servi­tude by which lands are astricted or "thirled" to a particular mill, to which the possessors must carry the grain of the growth of the astricted lands to be ground, for the pay­ment of such duties as are either expressed or implied in the constitution of the right. Ersk. Inst 2, 9, 18.
THIRTY-NINE ARTICLES. See Ar­ticles of Religion.


THIS. When "this" and "that" refer to different things before expressed, "this" re­fers to the thing last mentioned, and "that" to the thing first mentioned. Russell v. Kennedy, 66 Pa. 251.
THIS DAY SIX MONTHS. Fixing "this day six months," Or "three months," for the next stage of a bill, is one of the modes in which the house of lords and the house of commons reject bills of which they disapprove. A bill rejected in this manner cannot be reintroduced in the same session. Wharton.
THISTLE-TAKE. It was a custom with­in the manor of Halton, in Chester, that if, in driving beasts over a common, the driver permitted them to graze or take but a thistle, he should pay a halfpenny a-piece to the lord of the fee. And at Fiskerton, in Nott­inghamshire, by ancient custom, if a native or a cottager killed a swine above a year old, he paid to the lord a penny, which purchase of leave to kill a hog was also called "thistle-take." Cowell.
THOROUGHFARE. The term means, according to its derivation, a street or pas­sage through which one can fare, (travel;) that is, a street or highway affording an unobstructed exit at each end into another street or public passage. If the passage is closed at one end, admitting no exit there, it is called a "cul de sac." See Cemetery Ass'n v. Meninger, 14 Kan. 315; Mankato v. Warren, 20 Minn. 150 (Gil. 128); Wig­gins v. Tallmadge, 11 Barb. (N. Y.) 462.
THRAVE. In old English law. A meas­ure of corn or grain, consisting of twenty-four sheaves or four shocks, six sheaves to every shock. Cowell.
THREAD. A middle line; a line run­ning through the middle of a stream or road. See Filum; Ftl-um Aquje; Filum Vim.
THREAT. In criminal law. A menace; a declaration of one's purpose or intention to work injury to the person, property, or rights of another.
A threat has been defined to be any menace of such a nature and extent as to unsettle the mind of the person on whom it operates, and to take away from his acts that free, voluntary action which alone constitutes consent. Abbott. See State v. Cushing, 17 Wash. 544, 50 Pac. 512; State v. Brownlee, 84 Iowa, 4X3, 51 N. W. 25; Cote v. Murphy, 159 Pa. 420, 28 Atl. 190, 23 I* R. A. 135, 39 Am. St Rep. 686.
THREATENING LETTERS. Sending threatening letters is the name of the offense of sending letters containing threats of the kinds recognized by the statute as criminal. See People v. Grifl5n, 2 Barb. (N. Y.) 429.
THREE-DOLLAR PIECE. A gold coin of the United States, of the value of three
dollars; authorized by the seventh section of the act of February 21, 1'853.
THRENGES. Vassals, but not of th*
lowest degree; those who held lands of the chief lord.
THRITHING. In Saxon and old English law. The third part of a county; a division of a county consisting of three or more hundreds. Cowell. Corrupted to the modern "riding," which is still used in Yorkshire. 1 Bl. Comm. 116.
THROAT. In medical jurisprudence. The front or anterior part of the neck. Where one was indicted for murder by "cut' ting the throat" of the deceased, it was held that the word "throat" was not to be con­fined to that part of the neck which is scien­tifically so called, but must be taken in its common acceptation. Rex v. Edwards, 6 Car. & P. 401.
THROUGH. This word is sometimes equivalent to "over;" as in a statute in ref-erence to laying out a road "through" certain grounds. Hyde Park v. Oakwoods Cemetery Ass'n, 119 111. 147, 7 N. E. 627.
THROW OUT. To ignore, (a bill of in­dictment.)
THRUSTING. Within the meaning of a criminal statute, "thrusting" Is not neces­sarily an attack with a pointed weapon; it means pushing or driving with force, wheth­er the point of the weapon be sharp or not. State v. Lowry, 33 La. Ann. 1224.
THRYMSA. A Saxon coin worth four-pence. Du Fresne.
THUDE-WEALD. A woodward, or per­son that looks after a wood.
THURINGIAN CODE. One of the "bar­barian codes," as they are termed; supposed by Montesquieu to have been given by Theod-oric, king of Austrasia, to the Thuringians, who were his subjects. Esprit des Lois, lib 28, c. 1.
THWERTNICK. In old English law. The custom of giving entertainments to a sheriff, etc., for three nights.
TICK. A colloquial expression for credit or trust; credit given for goods purchased.
TICKET. In contracts. A slip of pa­per containing a certificate that the person to whom it is issued, or the holder, is en­titled to some right or privilege therein men­tioned or described; such, for example, are railroad tickets, theater tickets, pawn tickets,


lottery tickets, etc. See Allaire v. Howell Works Co., 14 N. J. Law, 24.
In election law. A ticket is a paper up­on which is written or printed the names of the persons for whom the elector intends to vote, with a designation of the office to which each person so named is intended by him to be chosen. Pol. Code Cal. § 1185. See In re Gerberich's Nomination, 24 Pa. Co. Ct. R. 255.
—Ticket of leave. In English law. A li­cense or permit given to a convict, as a reward for good conduct, particularly in the penal set­tlements, which allows him to go at large, and labor for himself, before the expiration of his sentence, subject to certain specific conditions and revocable upon subsequent misconduct.— Ticket-of-leave man, A convict who has obtained a ticket of leave.
TIDAIi. In order that a river may be "tidal" at a given spot, it may not be nec­essary that the water should be salt, but the spot must be one where the tide, in the ordi­nary and regular course of things, flows and reflows. 8 Q. B. Div. 630.
TIDE. The ebb and flow of the sea. See Baird v. Campbell, 67 App. Div. 104, 73 N. x". Supp. 617.
—Tide lands. See Land.—Tide-water.
Water which falls and rises with the ebb and flow of the tide. The term is not usually ap­plied to the open sea, but to coves, bays, rivers, etc
TXDESMEN, In English law, are certain officers of the custom-house, appointed to watch or attend upon ships till the customs are paid; and they are so called because they go aboard the ships at their arrival in the mouth of the Thames, and come up with the tide. Jacob.
TIE, v. To bind. "The parson is not tied to find the parish clerk." 1 Leon. 94.
TIE, n. When, at an election, neither candidate receives a majority of the votes cast, but each has the same number, there is said to be a "tie." So when the number of votes cast in favor of any measure, in a leg­islative or deliberative body, is equal to the number cast against it. See Wooster v. Mul-11ns, 64 Conn. 340, 30 Atl. 144, 25 L. R. A. 694.
TTEL. L. Fr. Such. Nul tiel record, no such record.
TEEMPO INHABIL. Span. A time of inability; a time when the person is not able to pay his debts, (when, for instance, he may not alienate property to the prejudice of his creditors.) The term is used in Lou­isiana. Brown v. Kenner, 3 Mart. O. S. (La.) 270; Thorn v. Morgan, 4 Mart N. S. (La.) 292, 16 Am. Dec. 173.
TIERCE. L. Fr. Third. Tierce mein, third hand. Britt. c. 120.
TIERCE. A liquid measure, containing the third part of a pipe, or forty-two gal­lons.
TIGH. In old records. A close or in-closure; a croft Cowell.
TIGHT. As colloquially applied to a note, bond, mortgage, lease, etc., this term signi­fies that the clauses providing the credit­or's remedy in case of default (as, by fore­closure, execution, distress, etc.) are sum­mary and stringent
TIGNI IMMITTENDI. Lat In the civ­il law. The name of a servitude which is the right of inserting a beam or timber from the wall of one house into that of a neigh­boring house, in order that it may rest on the latter, and that the wall of the latter may bear this weight Wharton. See Dig. 8, 2,36.
TIGNUM. Lat A civil-law term for building material; timber.
TIHLER. In old Saxon law. An accu­sation.
TILLAGE. A place tilled or cultivated; land under cultivation, as opposed to lands lying fallow or in pasture.
TIMBER. Wood felled for building or other such like use. In a legal sense it gen­erally means (in England) oak, ash, and elm, but in some parts of England, and generally in America, it is used in a wider sense, which Is recognized by the law.
The term "timber," as used in commerce, re­fers generally only to large sticks of wood, squared or capable of being squared for build­ing houses or vessels; and certain trees only having been formerly used for such purposes, namely, the oak, the 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 employment of all kinds of trees for some valuable purpose, has wrought a change in the general acceptation of terms in connection therewith, and we find that Webster defines "timber" to be "that sort of wood which is proper for buildings or for tools, utensils, furniture, carriages, fences, ships, and the like." This would include all sorts of wood from which any useful articles may be made, or which may be used to advantage in any class of manufacture or construction. U. S. v. Stores (O. C.) 14 Fed. 824. And see Donworth v. Sawyer, 94 Me. 243. 47 Atl. 523; Wilson v. State, 17 Tex. App. 393; U. S. v. Soto, 7 Ariz. 230, 64 Pac. 420.
—Timber culture entry. See Entby.— Timber-trees. Oak, ash, elm, in all places, and, by local custom, such other trees as are used in building. 2 Bl. Comm. 281.
TIMBERLODE. A service by which ten­ants were bound to carry timber felled from the woods to the lord's house. Cowell.


TIME. The measure of duration.
The word is expressive both of a precise point or terminus and of an interval between two points.
In pleading. A point in or space of du­ration at or during which some fact is alleged to have been committed.
—Cooling time. See that title.—Reasonable
time. Such length of time as may fairly, properly, and reasonably be allowed or requir­ed, having regard to the nature of the act or duty, or of the subject-matter, and to the at­tending circumstances. It is a maxim of Eng­lish law that "how long a 'reasonable time' ought to be is not defined in law, but is left to the discretion of the judges." Co. Litt. 50. See Hoggins v. Becraft, 1 Dana (Ky.) 28; Hill v. Hobart, 16 Me. 168; Twin Lick Oil Co. v. Marbury, 91 U. S. 591, 23 L. Ed. 328; Campbell v. Whoriskey, 170 Mass. 63, 48 N. EL 1070.—Time-bargain. In the language of the stock exchange, a time-bargain is an agree­ment to buy or sell stock at a future time, or within a fixed time, at a certain price. It is in reality nothing more than a bargain to pay differences.—Time check. A certificate Bignea by a master mechanic or other person in charge of laborers, reciting the amount due to the la­borer for labor for a specified time. Burlington Voluntary Relief Dept. v. White, 41 Neb. 547, 59 N. W. 747, 43 Am. St. Rep. 701.—Time im­memorial. Time whereof the memory of a man is not to the contrary.—Time of mem­ory. In English law. Time commencing from the beginning of the reign of Richard I. 2 Bl. Comm. 31. Lord Coke defines time of memory to be "when no man alive hath had any proof to the contrary, nor hath any conusance to the contrary." Co. Litt 86a, 866—Time out of memory. Time beyond memory; time out of mind; time to which memory does not extend. —Time-policy. A policy or marine insurance in which the risk is limited, not to a given voyage, but to a certain fixed term or period of time.—Time the essence of the contract. A case in which "time is of the essence of the contract" is one where the parties evidently contemplated a punctual performance, at the precise time named, as vital to the agreement, and one of its essential elements. Time is not of the essence of the contract in any case where a moderate delay in performance would not be regarded as an absolute violation of the con­tract.
TIMOCRACY. An aristocracy of prop­erty; government by men of property who are possessed of a certain income.
Timores vani sunt sestimandi qui non oadunt in constantem virum. 7 Coke, 17. Fears which do not assail a resolute man are to be accounted vain.
TINBOUNDING is a custom regulating the manner in which tin is obtained from waste-land, or land which has formerly been waste-land, within certain districts in Corn­wall and Devon. x The custom is described in the leading case on the subject as follows: "Any person may enter on the waste-land of another, and may mark out by four corner boundaries a certain area. A written de­scription of the plot of land so marked out with metes and bounds, and the name of the person, is recorded in the local stannaries court, and is proclaimed on three successive court-days. If no objection is sustained by
any other person, the court awards a writ to the bailiff to deliver possession of the said 'bounds of tin-work' to the 'bounder,' who thereupon has the exclusive right to search for, dig, and take for his own use all tin and tin-ore within the inclosed limits, paying as a royalty to the owner of the waste a certain proportion of the produce under the name of 'toll-tin.'" 10 Q. B. 26, cited in Elton Com­mons, 113. The right of tinbounding is not a right of common, but is an interest in land, and, in Devonshire, a corporeal heredita­ment. In Cornwall tin bounds are personal estate. Sweet.
TINEL. L. Fr. A place where justice was administered. Kelham.
TINEMAN. Sax. In old forest law. A petty othcer of the forest who had the care of vert and venison by night, and performed other servile duties.
TINET. In old records. Brush-wood and thorns for fencing and hedging. Cowell; Blount
TINEWALD. The ancient parliament or annual convention in the Isle of Man, held upon Midsummer-day, at St John's chapel. Cowell.
TINKERMEN. Fishermen who destroy­ed the young fry on the river Thames by nets and unlawful engines. Cowell.
TINNELLUS. In old Scotch law. The sea-mark; high-water mark. Tide-mouth. Skene.
TINPENNY. A tribute paid for the lib­erty of digging in tin-mines. Cowell.
TINSEL OF THE FEU. In Scotch law. The loss of the feu, from allowing two years of feu duty to run into the third unpaid. Bell.
TIPPLING HOUSE. A place where in­toxicating drinks are sold in drams or small quantities to be drunk on the premises, and where men resort for drinking purposes. See Leesburg v. Putnam, 103 Ga. 110, 29 S. E. 602; Morrison v. Com., 7 Dana (Ky.) 219; Patten v. Centralia, 47 111. 370; Hussey y. State, 69 Ga. 58; Emporia v. Volmer, 12 Kan. 629.
TIPSTAFF. In English law. An officer appointed by the marshal of the king's bench to attend upon the judges with a kind of rod or staff tipped with silver, who take into their custody all prisoners, either committed or turned over by the Judges at their cham­bers, etc. Jacob.
In American law. An officer appointed by the court, whose duty is to wait upon the court when it is in session, preserve order, serve process, guard juries, etc.


TITHER. One who gathers tithes.
TITHES. In English law. The tenth part of the increase, yearly arising and re­newing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants. 2 Bl. Comm. 24. A species of Incorporeal hereditament, being an ecclesias­tical inheritance collateral to the estate of the land, and due only to an ecclesiastical person by ecclesiastical law. 1 Crabb, Real Prop. § 13S.
—Great tithes. In English ecclesiastical law. Tithes of com, pease and beans, hay and wood. 2 Chit. Bl. Comm. 24, note; 3 Steph. Comm. 127. —Mixed tithes. Those which arise not im­mediately from the ground, but from those things which are nourished by the ground, e. g., colts, chickens, calves, milk, eggs, etc. 3 Burn, Ecc. Law, 380; 2 Bl. Comm. 24.—Minute tithes. Small tithes, such as usually belong to a vicar, as of wool, lambs, pigs, butter, cheese, herbs, seeds, eggs, honey, wax, etc— Personal tithes are tithes paid of such prof­its as come by the labor of a man's person; as by buying and selling, gains of merchandise, and handicrafts, etc. Tomlins.—Predial tithes. Such as arise immediately from the ground; as, grain of all sorts, hay, wood, fruits, and herbs.—Tithe-free. Exempted from the pay­ment of tithes.—Tithe rent-charge. A rent-charge established in lieu of tithes, under the tithes commutation act, 1836, (St 6 & 7 Wm. IV. c. 71.) As between landlord and tenant, the tenant paying the tithe rent-charge is enti­tled. in the absence of express agreement, to de­duct it from his rent, under section 70 of the above act And a tithe rent-charge unpaid is recoverable by distress as rent in arrear. Moz-ley & Whitley.
TITHING. One of the civil divisions of England, being a portion of that greater di­vision called a "hundred." It was so called because ten freeholders with their families composed one. It is said that they were all knit together in one society, and bound to the king for the peaceable behavior of each other. In each of these societies there was one chief or principal person, who, from his office, was called "teothing-man," now "tith-ing-man." Brown.
TITHING-MAN. In Saxon law. This was the name of the head or chief of a decennary. In modern English law, he is the same as an under-constable or peace-of­ficer.
In modern law. A constable. "After the Introduction of justices of the peace, the offices of constable and tithing-man became so similar that we now regard them as pre­cisely the same." Willc. Const. Introd.
In New England. A parish officer an­nually elected to preserve good order in the church during divine service, and to make complaint of any disorderly conduct. Web­ster.
TITHING-PENNY. In Saxon and old English law. Money paid to the sheriff by the several tithlngs of his county. Cowell.
TITIUS. In Roman law. A proper name, frequently used in designating an indefinite or fictitious person, or a person referred to by way of illustration. "Titius" and "Seius," in this use, correspond to "John Doe" and "Richard Roe," or to "A. B." and "C. D."
TITLE. The radical meaning of this word appears to be that of a mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appella­tion of dignity or distinction, a name denot­ing the social rank of the person bearing it; as "duke" or "count" So, in legislation, the title of a statute is the heading or pre­liminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the form of a brief summary of its contents; as "An act for the prevention of gaming." Again, the title of a patent is the short description of the in­vention, which is copied in the letters pat­ent the inventor's petition; e. g., "a new and improved method of drying and preparing malt" Johns. Pat Man. 90.
In the law of trade-marks, a title may become a subject of property;; as one who has adopted a particular title for a newspaper, or other business enterprise, may, by long and prior user, or by compliance with statutory provisions as to, registration and notice, ac­quire a right to be protected in the exclusive use of it Abbott
The title of a book, or any literary compo­sition, is its name; that is, the heading or caption prefixed to it, and disclosing the dis­tinctive appellation by which it is to be known. This usually comprises a brief de­scription of its subject-matter and the name of its author.
"Title" is also used as the name of one of the subdivisions employed in many literary works, standing Intermediate between the di­visions denoted by the term "books" or "parts," and those designated as "chapters" and "sections."
In real property law. Title is the means whereby the owner of lands has the just possession of his property. Co. Litt 345; 2 Bl. Comm. 195.
Title is the means whereby a person's right to property is established. Code Ga. 1882, §2348.
Title may be defined generally to be the evi­dence of right which a person has to the posses­sion of property. The word "title" certainly does not merely signify the right which a per­son has to the possession of property; because. there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same. In its ordinary legal acceptation, however, it gen­erally seems to imply a right of possession also. It therefore appears, on the whole, to signify the outward evidence of the right, rather than the mere right itself. Thus, when it is said that the "most imperfect degree of title consists in the mere naked possession or actual occupa­tion of an estate," it means that the mere cii-


cumstance of occupying the estate is the weak­est species of evidence of the occupier's right to such possession. The word is defined by Sir Edward Coke thus: Titulus est justa causa possidendi id quod nostrum est, (1 Inst. 34;) that is to say, the ground, whether purchase, gift, or other such ground of acquiring; "titu­lus" being distinguished in this respect from "modus acquirendi," which is the traditio, i. e.t delivery or conveyance of the thing. Brown.
Title is when a man hath lawful cause of entry into lands whereof another is seised; and it sig'nifies also the means whereby a man comes to lands or tenements, as by feoffment, last will and testament, etc. The word "title' includes a right, but is the more general word. Every right is a title, though every title is not a right for which an action lies. Jacob.
See also Donovan v. Pitcher, 53 Ala, 411, 25 Am. Rep. 634; Kamphouse v. Gaffner, 73 111. 458; Pannill v. Coles, 81 Va. 383; Hunt v. Eaton, 55 Mich. 362, 21 N. W. 429; Loventhal v. Home Ins. Co., 112 Ala. 108, 20 South. 419, 33 L. R. A. 258, 57 Am. St. Rep. 17; Irving v. Brownell, 11 111. 414 ? Roberts v. Went-worth, 5 Cush. (Mass.) 193; Campfield v. John­son, 21 N. J. Law, 85; Pratt v. Fountain, 73 Ga. 262.
A title is a lawful cause or ground of possess­ing that which is ours. An interest, though primarily it includes the terms "estate," "right," and "titte," has latterly come often to mean less, and to be the same as "concern," "share," and the like. Merrill v. Agricultural Ins. Co., 73 N. Y. 456, 29 Am. Rep. 184.
The investigation of titles is one of the prin­cipal branches of conveyancing, and in that practice the word "title" has acquired the sense of "history," rather than of "right." Thus, we speak of an abstract of title, and of investigat­ing a title, and describe a doonment as forming part of the title to property. Sweet.
In pleading. The right of action which the plaintiff has. The declaration must show the plaintiffs title, and, if such title be not shown in that instrument, the defect cannot be cured by any of the future pleadings. Bac. Abr. "Pleas," etc., B 1.
In procedure, every action, petition, or other proceeding has a title, which consists of the name of the court in which it is pend­ing, the names of the parties, etc. Admin­istration actions are further distinguished by the name of the deceased person whose es­tate is being administered. Every pleading, summons, affidavit, etc., commences with the title. In many cases it is sufficient to give what is called the "short title" of an ac­tion, namely, the court, the reference to the record, and the surnames of the first plain­tiff and the first defendant. Sweet.
—Absolute title. As applied to title to land, an "absolute" title means an exclusive title, or at least a title which excludes all others not compatible with it; an absolute title to land cannot exist at the same time in different per­sons or in different governments. Johnson v. Mcintosh, 8 Wheat. 543, 588, 5 L. Ed. 681.— Abstract of title. See that title.—Adverse title. A title set up in opposition to or de­feasance of another title, or one acquired or claimed by adverse possession.—Bond for ti­tle. See Bond.—Chain of title. See that title.—Color of title. See that title.—Cov­enants for title. Covenants usually inserted in a conveyance of land, on the part of the grantor, and binding him for the completeness, security, and continuance of the title transfer­red to the grantee. They comprise "covenants for seisin, for right to convey, against incun>
brances, for quiet enjoyment, sometimes for fur­ther assurance, and almost always of war­ranty." Rawle, Cov. § 21.—Doubtful title. See that title.—Equitable title. An equita­ble title is a right in the party to whom it be­longs to have the legal title transferred to him; or the beneficial interest of one person whom equity regards as the real owner, although the legal title is vested in another.. Thygerson v. Whitbeck, 5 Utah, 406, 16 Pac. 403; Beringer v. Lutz, 188 Pa. 364, 41 Atl. 643.—Imperfect title. One which requires a further exercise of the granting power to pass the fee in land, or which does not convey full and absolute do­minion. Paschal v. Perez, 7 Tex. 367; Paschal v. Dangerfield, 37 Tex. 300.—Legal title. One cognizable or enforceable in a court of law, or one which is complete and perfect so far as re­gards the apparent right of ownership and pos­session, but which carries no beneficial interest in the property, another person being equitably entitled thereto; in either case, the antithesis of "equitable title."—Lucrative title. In the civil law, title acquired without the giving of anything in exchange for it; the title by which a person acquires anything which comes to him as a clear gain, as, for instance, by gift, descent, or devise. Opposed to "onerous title," as to which see infra.—Marketable title. See that title.—Onerous title. In the civil law, title to property acquired by the giving of a valuable consideration for it, such as the pay­ment of money, the rendition of services, the performance of conditions, the assumption of obligations, or the discharge of liens on the property; opposed to "lucrative" title, or one acquired by gift or otherwise without the giv­ing of an equivalent. See Scott v. Ward, 13 Cal. 471; Kircher v. Murray (C. C.) 54 Fed. 624; Yates v. Houston, 3 Tex. 453; Rev. Civ. Code La. 1900, art. 3556, subd. 22.—Paper ti­tle. A title to land evidenced by a conveyance or chain of conveyances; the term generally implying that such title, while it has color or plausibility, is without substantial validity.— Passive title. In Scotch law. A title incur­red by an heir in heritage who does not enter as heir in the regular way, and therefore incurs liability for all the debts of the decedent, irre­spective of the amount of assets. Paterson.— Perfect title. Various meanings have been attached to this term: (1) One which shows the absolute right of possession and of property in a particular person. Henderson v. Beatty, 124 Iowa, 163, 99 N. W. 716; Converse v. Kellogg, 7 Barb. (N. Y.) 590; Wilcox Lumber Co. v. Bullock, 109 Ga. 532, 35 S. E. 52; Donovan v. Pitcher, 53 Ala. 411, 25 Am. Rep. 634. (2) A grant of land which requires no further act from the legal authority to constitute an absolute title to the land taking effect at once. Han­cock v. McKinney, 7 Tex. 457. (3) A title which does not disclose a patent defect suggest­ing the possibility of a lawsuit to defend it; a title such as a well-informed and prudent man paying full value for the property would be will­ing to take. Birge v. Bock, 44 Mo. App. 77. (4) A title which is good both at law and in equity. Warner v. Middlesex Mut. Assur. Co., 21 Conn. 449. (5) One which is good and valid beyond all reasonable doubt. Sheehy v. Miles, 93 Cal. 2S8, 28 Pac. 1046; Reynolds v. Borel, 86 Cal. 538, 25 Pac. 67. (6) A marketable or merchantable title. Ross v. Smiley, 18 Oolo. App. 204, 70 Pac. 766; McCleary v. Chipman, 32 Ind App. 489, 68 N E. 320.—Presump­tive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of proper­ty, (jus possessionts,) without any apparent right, or any pretense of right, to hold and continue such possession.—Record title. See Record.—Singular title. The title by which a party acquires property as a singular suc­cessor.—Tax title. See Tax.—Title-deeds. Deeds which constitute or are the evidence of


title to lands.—Title insurance. See Insxje-ance.—Title of a cause. The distinctive ap­pellation by which any cause in court, or other juridical proceeding, is known and discriminat­ed from others.—Title of an act. The head­ing, or introductory clause, of a statute, where­in is briefly recited its purpose or nature, or the subject to which it relates.—Title of cler­gymen, (to orders.) Some certain place where they may exercise their functions; also an assurance of being preferred to some ecclesias­tical benefice. 2 Steph. Comm. 661.—Title of declaration. That preliminary clause of a declaration which states the name of the court and the term to which the process is returnable. —Title of entry. The right to enter upon lands Cowell.—Title to orders. In English ecclesiastical law. a title to orders is a certifi­cate of preferment or provision required by the thirty-third canon, in order that a person may be admitted into holy orders, unless he be a fellow or chaplain in Oxford or Cam­bridge, or master of arts of five years' stand­ing in either of the universities, and living there at his sole charges; or unless the bishop him­self intends shortly to admit him to some bene­fice or curacy. 2 Steph. Gomm 661.
TITULADA. In Spanish law. Title. White, New Recop. b. 1, tit. 5, c. 3, § 2.
TITULARS OF ERECTION. Persons who in Scotland, after the Reformation, ob­tained grants from the crown of the monas­teries and priories then erected into temporal lordships. Thus the titles formerly held by the religious houses, as well as the property of the lands, were conferred on these gran­tees, who were also called "lords of erection" and "titulars of the teinds." Bell.
TTTUIiTJS. Lat In the civil law. Ti­tle ; the source or ground of possession; the means whereby possession of a thing is ac­quired, whether such possession be lawful or not.
In old ecclesiastical law. A temple or church; the material edifice. So called be­cause the priest In charge of it derived there­from his name and title. Spelman.
Titulus est justa causa possidendi id quod nostrum est; dicitur a tnendo. 8 Coke, 153. A title is the just right of pos­sessing that which is our own; it is so called from "tuendo," defending.
TO. This is a word of exclusion, when used In describing premises; it excludes the terminus mentioned. Montgomery v. Reed, 69 Me. 514.
TO HAVE AND TO HOLD. The words in a conveyance which show the estate in­tended to be conveyed. Thus, in a convey­ance of land in fee-simple, the grant is to "A. and his heirs, to have and to hold the said Rand] unto and to the use of the said A., his heirs and assigns forever." Wil­liams, Real Prop. 198.
Strictly speaking, however, the words "to have" denote the estate to be taken, while the words "to hold" signify that it Is to be
held of some superior lord, i. e., by way of tenure, (g. v.) The former clause is called the "habendum;" the latter, the "tenen­dum,:' Co. Litt 6a.
TOALIA. In feudal law. A towel. There is a tenure of lands by the service of waiting with a towel at the king's coronation. Cow-elL
TOBACCONIST. Any person, firm, or corporation whose business it is to manufac­ture cigars, snuff, or tobacco in any form. Act of congress of July 13, 1866, § 9; 14 St at Large, 120.
TOFT. A place or piece of ground on which a house formerly stood, which has been destroyed by accident or decay. 2 Broom & H. Comm. 17.
TOFTMAN. In old English law. The owner of a toft. Cowell; Spelman.
TOGATI. Lat. In Roman law. Advo­cates; so called under the empire because they were required, when appearing in court to plead a cause, to wear the toga, which had then ceased to be the customary dress in Rome. Vicat
TOKEN. A sign or mark; a material evi­dence of the existence of a fact Thus, cheating by "false tokens" implies the use of fabricated or deceitfully contrived material objects to assist the person's own fraud and falsehood in accomplishing the cheat. See State v. Green, 18 N. J. Law, 181; State v. Middleton, Dud. (S. O.) 285; Jones v. State, 50 Ind. 476.
—Token-money. A conventional medium of exchange consisting of pieces of metal, fashion­ed in the shape and size of coins, and circulat­ing among private persons, by consent, at a certain value. No longer permitted or recog­nized as money. 2 Chit. Com. Law, 182.
TOLERATION. The allowance of re­ligious opinions and modes of worship in a state which are contrary to, or different from, those of the established church or be­lief. Webster.
—Toleration act. The statute 1 W. & M. St. 1, c. 18, for exempting Protestant dissenters from the penalties of certain laws is so called. Brown.
TOLL, v. To bar, defeat, or take away; thus, to toll the entry means to deny or take away the right of entry.
TOLL, n. In English law. Toll means an excise of goods; a seizure of some part for permission of the rest. It has two sig­nifications: A liberty to buy and sell within the precincts of the manor, which seems to Import as much as a fair or market; a tribute or custom paid for passage. Whar­ton.
A Saxon word, signifying, properly, a payment in towns, markets, and fairs for goods and cattle


bought and sold. It is a reasonable sum of mon­ey due to the owner of the fair or market, upon sale of things tollable within the same. The word is used for a liberty as well to take as to be free from toll. Jacob.
In modern English law. A reasonable sum due to the lord of a fair or market for things sold there which are tollable. 1 Crabb, Real Prop. p. 350, § 683.
In contracts. A sum of money for the use of something, generally applied to the consideration which is paid for the use of a road, bridge, or the like, of a public nature. See Sands v. Manistee River Imp. Co., 123 U. S. 288, 8 Sup. Ct 113, 31 L. Ed. 149; Wadsworth v. Smith, 11 Me. 283/26 Am. Dec. 525; Pennsylvania Coal Co. v. Delaware & H. Canal Co., 3 Abb. Dec. (N. Y.) 477; St. Louis v. Green, 7 Mo. App. 476; McNeal Pipe & Foundry Co. v. Howland, 111 N. C 615, 16 S. E. 857, 20 L. R, A. 743; Boyle v. Philadelphia & R, R. Co., 54 Pa. 314.
—Toll and team. Words constantly associat­ed with Saxon and old English grants of liber­ties to the lords of manors. Bract, fols. 56, 1045, 1246, 1546. They appear to have im­ported the privileges of having a market, and jurisdiction of villeins. See Team.—Toll-gath­erer. The officer who takes or collects toll. —Toll-thorough. In English law. A toll for passing through a highway, or over a ferry or bridge. Cowell. A toll paid to a town for such a number of beasts, or for every beast that goes through the town, or over a bridge or ferry belonging to it. Com. Big. "Toll," C A toll claimed by an individual where he is bound to repair some particular highway. 3 Steph. Comm. 257. And see King v. Nicholson, 12 East, 340; Charles River Bridge v. War­ren Bridge, 11 Pet. 582, 9 L. Ed. 773.—Toll-traverse. In English law. A toll for passing over a private man's ground. Cowell. A toll for passing over the private soil of another, or for driving beasts across his ground. Cro. Eliz. 710.—Toll-turn. In English law. A toll on beasts returning from a market. 1 Crabb, Real Prop. p. 101, § 102. A toll paid at the return of beasts from fair or market, though they were not sold. Cowell.
TOLLAGE. Payment of toll; money charged or paid as toll; the liberty or fran­chise of charging tolL
TOLLBOOTH. A prison; a custom­house ; an exchange; also the place where goods are weighed. Wharton.
TOLLDISH. A vessel by which the toll of corn for grinding is measured.
Tolle voluntatem et erit omnia actus indifferent. Take away the will, and every action will be indifferent. Bract fol. 2.
TOLLER. One who collects tribute or taxes.
TOLLERE. Lat In the civil law. To lift up or raise; to elevate; to build up.
TOLLS. In a general sense, tolls signify any manner of customs, subsidy, prestation, imposition, or sum of money demanded for
exporting or importing of any wares or mer­chandise to be taken of the buyer. 2 Inst 58.
TOLLSESTER. An old excise; a duty paid by tenants of some manors to the lord for liberty to brew and sell ale. Cowell.
TOLSEY. The same as "tollbooth." Also a place where merchants meet; a local tri­bunal for small civil causes held at the Guild­hall, Bristol.
TOLT. A writ whereby a cause depend­ing in a court baron was taken and removed into a county court. Old Nat Brev. 4.
TOLTA. In old English law. Wrong; rapine; extortion. Cowell.
TON. A measure of weight; differently fixed, by different statutes, at two thousand pounds avoirdupois, (1 Rev. St N. Y. 609, § 35,) or at twenty hundred-weights, each hundred-weight being one hundred and twelve pounds avoirdupois, (Rev. St U. S. § 2951 [U. S. Comp. St 1901, p. 1945].)
TONNAGE. The capacity of a vessel for carrying freight or other loads, calcu­lated in tons. But the way of estimating the tonnage varies in different countries. In England, tonnage denotes the actual weight in tons which the vessel can safely carry; in America, her carrying capacity estimated from the cubic dimensions of the hold. See Roberts v. Opdyke, 40 N. Y. 259.
The "tonnage" of a vessel is her capacity to carry cargo, and a charter of "the whole ton­nage" of a ship transfers to the charterer only the space necessary for that purpose. Thwing v. Insurance Co.. 103 Mass. 405, 4 Am. Rep. 567.
The tonnage of a vessel is her internal cubical capacity, in tons. Inman S. S. Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118.
TONNAGE DUTY. In English law.
A duty imposed by parliament upon mer­chandise exported and imported, according to a certain rate upon every ton. Brown.
In American law. A tax laid upon ves­sels according to their tonnage or cubical ca­pacity.
A tonnage duty is a duty imposed on vessels in proportion to their capacity. The vital principle of a tonnage duty is that it is imposed, what­ever the subject, solely according to the rule of weight, either as to the capacity to carry or the actual weight of the thing itself. Inman S. S. Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118.
The term "tonnage duty," as used in the con­stitutional prohibition upon state laws imposing tonnage duties, describes a duty proportioned to the tonnage of the vessel; a certain rate on each ton. But it is not to be taken in this restricted sense in the constitutional provision. The gener­al prohibition upon the states against levying duties on imports or exports would have been ineffectual if it had not been extended to duties on the ships which serve as the vehicles of con­veyance. The prohibition extends to any duty on the ship, whether a fixed sum upon its whole tonnage or a sum to be ascertained by compar­ing the amount of tonnage with the rate of duty.


Southern S. S. Co. v. New Orleans, 6 Wall. 31, 18 L. Ed. 749.
A tonnage tax is defined to be a duty levied on a vessel according to the tonnage or capacity. It is a tax upon the boat as an instrument of navigation, and not a tax upon the property of a citizen of the state. The North Cape, 6 Biss. 505. Fed. Cas. No, 10,316.
TONNAGE-RENT. When the rent re­served by a mining lease or the like consists of a royalty on every ton of minerals gotten in the mine, it is often called a "tonnage-rent" There is generally a dead rent in ad­dition. Sweet
TONNAGIUM. In old English law. A custom or impost upon wines and other mer­chandise exported or imported, according to a certain rate per ton. Spelman; Cowell.
TONNETIGHT. In old English law. The quantity of a ton or tun, in a ship's freight or bulk, for which tonnage or tun-nage was paid to the king. Cowell.
TONODERACH. In old Scotch law. A thief-taker.
TONSURA. Lat In old English law. A shaving, or polling; the having the crown of the head shaven; tonsure. One of the pe­culiar badges of a clerk or clergyman.
TONSURE. In old English law. A be­ing shaven; the having the head shaven; a shaven head. 4 Bl. Comm. 367.
TONTINE. In French law. A species of association or partnership formed among persons who are in receipt of perpetual or life annuities, with the agreement that the shares or annuities of those who die shall accrue to the survivors. This plan is said to be thus named from Tonti, an Italian, who invented it in the seventeenth century. The principle is used in some forms of life insurance. Merl. Repert
TOOK AND CARRIED AWAY. In criminal pleading. Technical words neces­sary in an indictment for simple larceny.
TOOL. The usual meaning of the word "tool" is "an instrument of manual opera­tion ;" that is, an instrument to be used and managed by the hand instead of being moved and controlled by machinery. Lovewell v. Westchester F. Ins. Co., 124 Mass. 420, 26 Am. Rep. 671.
TOP ANNUAIi. In Scotch law. An an­nual rent out of a house built in a burgh. Whishaw. A duty which, from the act 1551, c. 10, appears to have been due from cer­tain lands in Edinburgh, the nature of which is not now known. Bell.
TORT. Wrong; Injury; the opposite of right So called, according to Lord Coke, be-
cause it is wrested, or crooked, being contra­ry to that which is right and straight Co.. Litt 1586.
In modern practice, tort is constantly used as an English word to denote a wrong or wrongful act, for which an action will lie, as distinguished from a contract. 3 Bl. Comm. 117.
A tort is a legal wrong committed upon the person or property independent of con­tract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual. In the former case, no special damage is necessary to entitle the party to recover. In the two latter cases, such damage is necessary. Code Ga. 1882, § 2951. And see Hayes v. Insurance Co., 125 111. 626, 18 N. E. 322, 1 L. R. A. 303; Railway Co. v. Hennegan, 33 Tex. Civ. App. 314, 76 S. W. 453; Mumford v. Wright, 12 Colo. App. 214, 55 Pac. 744; Tomlin v. Hildreth, 65 N. J. Law, 438, 47 Atl. 649; Merrill v. St Louis, S3 Mo. 255, 53 Am, Rep. 576; Denning v. State, 123 Cal. 316, 55 Pac. 1000; Shirk v. Mitchell, 137 Ind. 185, 36 N. E. 850; Western Union Tel. Co. v. Taylor, 84 Ga. 408, 11 S. E. 396, 8 L. R, A. 189; Rich v. Railroad Co., 87 N. Y. 390.
—Maritime tort. See Maritime.—Personal tort. One involving or consisting in an injury to the person or to the reputation or feelings, as distinguished from an injury or damage to real or personal property, called a "property tort." See Mumford v. Wright, 12 Colo. App. 214, 55 Pac. 744.—Quasi tort, though not a recognized term of English law, may be con­veniently used in those cases where a man who has not committed a tort is liable as if he had. Thus, a master is liable for wrongful acts done by his servant in the course of his employment. Broom, Com. Law, 690; Underh. Torts, 29.
TORT-FEASOR. A wrong-doer; one who commits or is guilty of a tort
TORTIOUS. Wrongful; of the nature of a tort. Formerly certain modes of con­veyance (e. g., feoffments, fines, etc.) had the effect of passing not merely the estate of the person making the conveyance, but the whole fee-simple, to the injury of the person really entitled to the fee; and they were hence call­ed "tortious conveyances." Litt. § 611; Co. Litt 2716, n. 1; 3306, n. 1. But this opera­tion has been taken away. Sweet
Tortura legum pessima. The torture or wresting of laws is the worst [kind of torture.] 4 Bacon's Works, 434.
TORTURE. In old criminal law. The question; the infliction of violent bodily pain upon a person, by means- of the rack, wheel, or other engine, under judicial sanction and superintendence, in connection with the in­terrogation or examination of the person, as


a means of extorting a confession of guilt, or of compelling him to disclose his accompli­ces.
TORY. Originally a nickname for the wild Irish in Ulster. Afterwards given to, and adopted by, one of the two great par­liamentary parties which have alternately governed Great Britain since the Revolution in 1688. Wharton.
The name was also given, in America, dur­ing the struggle of the colonies for inde­pendence, to the party of those residents who favored the side of the king and opposed the war.
TOT. In old English practice. A word written by the foreign opposer or other offi­cer opposite to a debt due the king, to de­note that it was a good debt; which was hence said to be totted.
TOTA CURIA. L. Lat In the old re­ports. The whole court.
TOTAX ItOSS. In marine insurance,
a total loss is the entire destruction or loss, to the insured, of the subject-matter of the policy, by the risks insured against As to the distinction between "actual" and "con­structive" total loss, see infra.
In fire insurance, a total loss is the com­plete destruction of the insured property by fire, so that nothing of value remains from it; as distinguished from a partial loss, where the property is damaged, but not en­tirely destroyed.
—Actual total loss. In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive de­struction, by injuries which leave it no longer existing in specie, by its being reduced to a wreck irretrievably beyond repair, or by its be­ing placed beyond the control of the insured and beyond his power of recovery. Distinguished from a constructive total loss, which occurs where the vessel, though injured by the perils insured against, remains in specie and capable of repair or recovery, but at such an expense, or under such other conditions, that the insured may claim the whole amount of the policy up-on abandoning the vessel to the underwriters. "An actual total loss is where the vessel ceases to exist in specie,—becomes a 'mere congeries of planks,' incapable of being repaired; or where, by the peril insured against, it is placed beyond the control of the insured and beyond his pow­er of recovery. A constructive total loss is where the vessel remains in specie, and is sus­ceptible of repairs or recovery, but at an ex­pense, according to the rule of the English com­mon law, exceeding its value when restored, or, according to the terms of this policy, where 'the injury is equivalent to fifty per cent, of the agreed value in the policy,' and where the insur­ed abandons the vessel to the underwriter. In such cases the insured is entitled to indemnity as for a total loss. An exception to the rule re­quiring abandonment is found in cases where the loss occurs in foreign ports or seas, where it is impracticable to repair. In such cases the master may sell the-vessel for the benefit of all concerned, and the insured may claim as for a total loss by accounting to the insurer for the amount realized on the sale. There are other exceptions to the rule, but it is sufficient now
to say that we have found no case in which the doctrine of constructive total loss without aban­donment has been admitted, where the injured vessel remained in specie and was brought to its home port by the insured. A well marked dis­tinction between an actual and a constructive total loss is there'fore found in this: that in the former no abandonment is necessary, while in the latter it is essential, unless the case be brought within some exception to the rule re­quiring it. A partial loss is where an injury re­sults to the vessel from a peril insured against, but where the loss is neither actually nor con­structively total." Globe Ins. Co. v. Sherlock, 25 Ohio St. 50, 64; Burt v. Insurance Co., 9 Hun (N. Y.) 383; Carr v. Insurance Co., 109 N. Y. 504, 17 N. E. 369; Monroe v. Insurance Co., 52 Fed. 777, 3 C. C. A. 280; Murray v. Hatch, 6 Mass. 465; Livermore v. Insurance Co., 1 Mass. 264; Delaware, etc., Ins. Co. v. Gossler, 96 U. S. 645, 24 L. Ed. 863 ; Wallerstein v. In­surance Co., 3 Rob. (N. Y.) 528.—Construc­tive total loss. In marine insurance. This occurs where the loss or injury to the vessel insured does not amount to its total disappear­ance or destruction, but where, although the ves­sel still remains, the cost of repairing or recov­ering it would amount to more than its value when so repaired, and consequently the insured abandons it to the. underwriters. See Insur­ance Co. v. Sugar Refining Co., 87 Fed. 491, 31 C. C. A. 65.
TOTIDEM VERBIS. Lat In so many words.
TOTIES QUOTIES. Lat As often as occasion shall arise.
TOTIS VIRIBUS. Lat With all one's might or power; with all his might; very strenuously.
TOTTED. A good debt to the crown, i. e., a debt paid to the sheriff, to be by him paid over to the king. Cowell; Mozley & Whitley.
Totum prsefertur unicuique parti. 3
Coke, 41. The whole is preferable to any single part.
TOUCH. In insurance law. To stop at a port If there be liberty granted by the policy to touch, or to touch and stay, at an intermediate port on the passage, the better opinion now is that the insured may trade there, when consistent with the object and the furtherance of the adventure, by break­ing bulk, or by discharging and taking in cargo, provided it produces no unnecessary delay, nor enhances nor varies the risk. 3 Kent, Comm. 314.
an ancient superstition that the body of a murdered man would bleed freshly when touched by his murderer. Hence, in old criminal law, this was resorted to as a means of ascertaining the guilt or innocence of a person suspected of the murder.
Fr. Always and still ready. This is the name of a plea of tender.

TOUR D'ECHELLE. In French law. An easement consisting of the right to rest ladders upon the adjoining estate, when nec­essary in order to repair a party-wall or buildings supported by it.
Also the vacant space surrounding a build­ing left unoccupied in order to facilitate its reparation when necessary. Merl. Repert.
TOURN. In old English law. A court of record, having criminal jurisdiction, in each county, held before the sheriff, twice a year, in one place after another, following a certain circuit or rotation.
TOUT. Fr. All; whole; entirely. Tout temps prist, always ready.
Tout ce que la loi ne defend pas est permis. Everything is permitted which is not forbidden by law.
TOUT TEMPS PRIST. L. Fr. Always ready. The emphatic words of the old plea of tender; the defendant alleging that he has always been ready, and still is ready, to dis­charge the debt. 3 BL Coram. 303; 2 Salk. 622.
TOUT ' UN SOUND. L. Fr. All one
sound; sounding the same; idem sonans.
Tonte exception non surveillee tend a prendre la place dn principe. Every ex­ception not watched tends to assume the place of the principle.
TOWAGE. The act or service of towing ships and vessels, usually by means of a small steamer called a "tug." That which is given for towing ships in rivers.
Towage is the drawing a ship or barge along the water by another ship or boat, fastened to her, or by men or horses, etc., on land. It is also money which is given by bargemen to the owner of ground next a river, where they tow a barge or other vessel. Jacob. And see Ryan v. Hook, 34 Hun (N. Y.) 191; The Kingaloch, 26 En?. Law & Eq. 597; The Egypt (D. C.) 17 Fed. 370.—Towage service. In admiralty law. A service rendered to a vessel, by towing, for the mere purpose of expediting her voyage, without reference to any circumstances of danger. It is confined to vessels that have'received no injury or damage. The Reward, 1 W. Rob. 177; The Athenian (D. C.) 3 Fed. 249; McConnochin v. Kerr (D. C.) 9 Fed. 53; The Plymouth Rock (D. C.) 9 Fed. 416.
TO-WIT. That is to say; namely; scili­cet; videlicet.
TOWN. In English law. Originally, a vill or tithing; but now a generic term, which comprehends under it the several spe­cies of cities, boroughs, and common towns. L Bl. Comm. 114.
In American law. A civil and political division of a state, varying in extent and im­portance, but usually 'one of the divisions of a county. In the New England states, the town is the political unit, and is a municipal
corporation. In some other states, where the county is the Unit, the town is merely one of its subdivisions, but possesses some powers of local self-government. In still other states, such subdivisions of a county are called "townships," and "town" is the name of a village, borough, or smaller city. See Herrman v. Guttenberg, 62 N. J. Law, 605, 43 Atl. 703; Van Riper v. Parsons, 40 N. J. Law, 1; State v. Denny, 118 Ind. 449, 21 N. E. 274, 4 L. R. A. 65; Sessions v. State, 115 Ga. 18, 41 S. E. 259; Milford v. Godfrey, 1 Pick. (Mass.) 97; Enfield v. Jor­dan, 119 U. S. 680, 7 Sup. Ct. 358, 30 L. Ed. 523; Rogers v. Galloway Female College, 64 Ark. 627, 44 S. W. 454, 39 L. R. A. 636; Railway Co. v. Oconto, 50 Wis. 189, 6 N. W. 607, 36 Am, Rep. 840; Lovejoy v. Foxcroft, 91 Me. 367, 40 Atl. 141; Bloomfield v. Charter Oak Bank, 121 U. S. 121, 7 Sup. Ct. 865, 30 L. Ed. 923; Lynch v. Rutland, 66 Vt 570, 29 Atl. 1015.
—Town agent. Under the prohibitory liquor laws in force in some of the New England states a town agent is a person appointed in each town to purchase intoxicating liquors for the town and having the exclusive right to sell the same for the permitted purposes, medical, me­chanical, scientific, etc. He either receives a fixed salary or is permitted to make a small profit on his sales. The stock of liquors belongs to the town, and is •bought with its money. See Black, Intox. Liq. §§ 204, 205.—Town cause. In English practice. A cause tried at the sittings for London and Middlesex. 3 Steph. Comm. 517.—Town-clerk. In those states where the town is the unit for local self-govern­ment, the town-clerk is a principal officer who keeps the records, issues calls for town-meetings, and performs generally the duties of a secretary to the political organization. See Seamons v. Fitts, 21 R. I. 236, 42 Atl. 863.—Town collect­or. One of the officers of a town charged with collecting the taxes assessed for town purposes. —Town commissioner. In some of the states where the town is the political unit the town commissioners constitute a board of administra­tive officers charged with the general manage­ment of the town's business.—Town-crier. An officer in a town whose business it is to make proclamations.—Town-hall. The build­ing maintained by a town for town-meetings and the offices of the municipal authorities —Town-meeting:. Under the municipal organization of the New England states, the town-meeting is a legal assembly of the qualified voters of a town, held at stated .intervals or on call, for the pur­pose of electing town officers, and of discussing and deciding on questions relating to the pub­lic business, property, and expenses of the town. See In re Foley, 8 Misc. Rep. 57, 28 N. Y. Supp. 608; Railroad Co. v. Mallory, 101 111. 588; Comstock v. Lincoln School Committee, 17 R. I. 827, 24 Atl. 145.—Town order or warrant. An official direction in writing by the auditing officers of a town, directing the treasurer to pay a sum of money.—Town pound. A place of confinement maintained by a town for es-trays —Town purpose. When it is said that taxation by a town, or the expenditure of the town's money, must be for town purposes, it is meant that the purposes must be public with re­spect to the town; t. e., concern the welfare and advantage of the town as a whole.—Town-reeve. The reeve or chief officer of a town.— Town tax. Such tax as a town may levy for its peculiar expenses; as distinguished from a county or state tax.—Town treasurer. The treasurer of a town which is an organized mu­nicipal corporation.


TOWNSHIP. 1. In surveys of the public land of the United States, a "township" is a division of territory six miles square, con­taining thirty-six sections.
2. In some of the states, this is the name given to the civil and political subdivisions of a county. See Town.
—Township trustee. One of a board of officers to whom, in some states, affairs of a township are intrusted.
TOXIC. (Lat. toxicum; Gr. toxikon.) In medical jurisprudence. Poisonous; having the character or producing the effects of a poison; referable to a poison; produced by or resulting from a poison.
—Toxic convulsions. Such as are caused by the action of a poison on the nervous system. —Toxic dementia. Weakness of mind or fee­ble cerebral activity, approaching imbecility, re­sulting from continued use or administration of slow poisons or of the more active poisons in repeated small doses, as in cases of lead poison­ing and in some cases of addiction to such drugs as opium or alcohol.—Toxanemia. A condi­tion of anemia (impoverishment or deficiency of blood) resulting from the action of certain toxic substances or agents.—Toxemia or toxicemia. Blood-poisoning; the condition of the system caused by the presence of toxic agents in the circulation; including both septicemia and pyce-mta.—Toxicosis. A diseased state of the sys­tem due to the presence.and action of any poi­son.
TOXIC Alt. Poisonous; containing poison.
TOXICANT. A poison; a toxic agent; any substance capable of producing toxica-tion or poisoning.
TOXICATE. To poison. Not used to de­scribe tiie act of one who administers a poison, but the action of the drug or poison itself.
<*-Intoxication. The state of being poisoned; the condition produced by the administration or introduction into the human system of a poison. This term is popularly used as equivalent to "drunkenness," which, however, is more accu­rately described as "alcoholic intoxication."— Auto-intoxication. Self-empoisonment from the absorption of the toxic products of internal metabolism, e. g., ptomaine poisoning.
TOXICOLOGY. The science of poisons; that department of medical science which treats of poisons, their effect, their recog­nition, their antidotes, and generally of the diagnosis and therapeutics of poisoning.
TOXIN. In its widest sense, this term may denote any poison or toxicant; but as used in pathology and medical jurisprudence it signifies, in general, any diffusible alka-loidal substance (as, the ptomaines, abrin, brucin, or serpent venoms), and in particular the poisonous products of pathogenic (disease-producing) bacteria.
—Anti-toxin. A product of pathogenic bac­teria which, in sufficient quantities, will neutra­lise the toxin or poisonous product of the same bacteria. Im therapeutics, a preventive remedy (administered by inoculation) against the effect
of certain kinds of toxins, venoms, and disease-germs, obtained from the blood of an animal which has previously been treated with repeated minute injections of the particular poison or germ to be neutralized.—Toxicomania. An excessive addiction to the use of toxic or poi­sonous drugs or other substances; a form of mania or affective insanity characterized by an irresistible impulse to indulgence in opium, co­caine, chloral, alcohol, etc.—Toxiphobia. Mor­bid dread of being poisoned; a form of insanity manifesting itself by an excessive and unfound­ed apprehension of death by poison.
TRABES. Lat In the civil law. A
beam or rafter of a house. Calvin.
In old English, law. A measure of grain, containing twenty-four sheaves; a thrave. Spelman.
TRACEA. In old English law. The track or trace of a felon, by which he was pur­sued with tbe hue and cry; a foot-step, hoof-print, or wheel-track. Bract fols. 116, 121 &.
TRACT. A lot, piece or parcel of land, of greater or less size, the term not import­ing, in itself, any precise dimension. See Edwards v. Derrickson, 28 N. J. Law, 45.
Tractent f abrilia f abri. Let smiths per­form the work of smiths. 3 Co. Epist
TRADAS IN BALLIUM. You deliver to bail. In old English practice. The name of a writ which might be issued in behalf of a party who, upon the writ de odio et atia, had been found to have been maliciously ac­cused of a crime, commanding the sheriff that, if the prisoner found twelve good and lawful men of the county who would be main­pernors for him, he should deliver him in bail' to those twelve, until the next assize, Bract fol. 123; 1 Reeve, Eng. Law, 252.
TRADE. The act or business of exchang­ing commodities by barter; or the business of buying and selling for money; traffic; bar­ter. Webster; May v. Sloan, 101 U. S. 237, 25 L. Ed. 797; U. S. v. Oassidy (D. C.) 67 Fed. 841; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483.
The business which a person has learned and which, he carries on for procuring sub­sistence, or for profit; occupation, particu­larly mechanical employment; distinguished from the liberal arts and learned professions, and from agriculture. Webster; Woodfield v. Colzey, 47 Ga. 124; People v. Warden of City Prison, 144 N. Y. 529, 39 N. E. 686, 27 L. R. A. 718; In re Stone Cutters' Ass'n, 23 Pa. Co. Ct R. 520.
Traffic; commerce, exchange of goods for other goods, or for money. All wholesale trade, all buying in order to sell again by wholesale, may be reduced to three sorts: The home trade, the foreign trade of eon-sumption, and the carrying trade. 2 Smith, Wealth Nat. b. 2, c. 5.
—Trade dollar. A silver coin of the United States, of the weight of four hundred and twen-


a grains, troy. Rev. St. U. S. § 3513 (U. S. mp. St. 1901, p. 2345).—Trade fixtures. See Fixtures.—Trade usage. The usage or customs commonly observed by persons conver­sant in, or connected with, a particular trade.
TRADE-MARK. A distinctive mark, mot­to, device, or emblem, which a manufacturer stamps, prints, or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be vouched for. See Trade-Mark Gases, 100 U. S. 87, 25 L. Ed. 550; Moorman v. Hoge, 17 Fed. Cas. 715; Solis Cigar Co. v. Pozo, 16 Colo. 388, 26 Pac. 556, 25 Am. St Rep. 279; State v. Bishop, 128 Mo. 373, 31 S. W. 9, 29 L. R. A. 200, 49 Am. St Rep. 569; Royal Baking Powder Co. v. Raymond (C. C.) 70 Fed. 380; Hegeman & Co. v. Hegeman, 8 Daly (N. Y.) 1.
—Trade-marks registration act, 1875.
This is the statute 38 & 39 Vict. c. 91, amended by the acts of 1876 and 1877. It provides for %the establishment of a register of trade-marks under the superintendence of the commissioners of patents, and for the registration of trade­marks as belonging to particular classes of goods, and for their assignment in connection with the good-will of the business in which they are used. Sweet.
TRADE-NAME. A trade-name is a name which by user and reputation has acquired the property of indicating that a certain trade or occupation is carried on by a partic­ular person. The name may be that of a person, place, or thing, or it may be what is called a "fancy name," (i. e., a name having no sense as applied to the particular trade,) or word invented for the occasion, and hav­ing no sense at all. Seb. Trade-Marks, 37. Sweet.
TRADE UNION. A combination or as­sociation of men employed in the same trade, (usually a manual or mechanical trade,) unit­ed for the purpose of regulating the customs and standards of their trade, fixing prices or hours of labor, influencing the relations of employer and employed, enlarging or main­taining their rights and privileges, and other similar objects.
—Trade-union act. The statute 34 & 35 Vict. c. 31, passed in 1871, for the purpose of giving legal recognition to trade unions, is known as the "trade-union act," or "trade-union funds protection act." It provides that the members of a trade union shall not be prose­cuted for conspiracy merely by reason that the rules of such union are in restraint of trade; and that the agreements of trade unions shall not on that account be void or voidable. Pro­visions *are also made with reference to the registration and registered offices of trade un­ions, and other purposes connected therewith. Mozley & Whitley.
TRADER. A person engaged In trade; one whose business is to buy and sell mer­chandise, or any class of goods, deriving a profit from his dealings. 2 Kent, Comm. 389; State v. Chabourn, 80 N. C. 481, 30 Am. Rep. 94; In re New York & W. Water Co. (D.
C.) 98 Fed. 711; Morris v. Clifton Forge Grocery Co., 46 W. Va. 197, 32 S. E. 997.
TRADESMAN. In England, a shop deep­er; a small shop-keeper.
In the United States, a mechanic or artifi­cer of any kind, whose livelihood depends un-on the labor of his hands. Richie v. M& Cauley, 4 Pa. 472.
"Primarily the words trader' and 'tradesman' mean one who trades, and they have been treat­ed by the courts in many instances as synony­mous. But, in their general application and usage, I think they describe different vocations. By 'tradesman' is usually meant a shop-keeper. Such is the definition given the word in Bur-rill's Law Dictionary. It is used in this sense by Adam Smith. He says, {Wealth of Nations:) 'A tradesman in London is obliged to hire a whole house in that part of the town where his customers live. His shop is on the ground floor,' etc. Dr. Johnson gives it the same mean­ing, and quotes Prior and Goldsmith as authori­ties." In re Ragsdale, 7 Biss. 155, Fed. Cas. No. 11,530.
TRADICION. Span. In Spanish law. Delivery. White, New Recop. b. 2, tit 2, c. 9.
TRADING. Engaging In trade, (q. v.;) pursuing the business or occupation of trade or of a trader.
—Trading corporation. See Cobpobation. —Trading partnership. Whenever the busi­ness of a firm, according to the usual modes of conducting it, imports, in its nature, the necessity of buying and selling, the firm is properly regarded as a "trading partnership" and is invested with the powers'and subject to the obligations incident to that relation. Dowl-ing v. National Exeh. Bank, 145 U. S. 512, 12 Sup. Ct. 928, 36 L. Ed. 795.—Trading voy­age. One which contemplates the touching and stopping of the vessel at various ports for the purpose of traffic or sale and purchase or exchange of commodities on account of the own­ers and shippers, rather than the transportation of cargo between terminal points, which is call­ed a "freighting voyage." See Brown v. Jones, 4 Fed. Cas. 406.
TRADITIO. Lat In the civil law. De­livery; transfer of possession; a derivative mode of acquiring, by which the owner of a corporeal thing, having the right and the will of aliening it, transfers it for a law­ful consideration to the receiver. Heinecc. Elem. lib. 2, tit. 1, § 380.
—Quasi traditio. A supposed or implied delivery of property from one to another. Thus, if the purchaser of an article was already in possession of it before the sale, his continuing in possession is considered as equivalent to a fresh delivery of it, delivery being one of the necessary elements of a sale; in other words, a quasi traditio is predicated.—Traditio brevi manu. A species of constructive or implied delivery. When he who already holds posses­sion of a thing in another's name ag-rees with that other that thenceforth he shall possess it in his own name, in this case a delivery and redelivery are not necessary. And this species of delivery is termed "traditio brevi manu." Mackeld. Rom. Law, § 284.—Traditio clavi-um. Delivery of keys; a symbolical kind of delivery, by which the ownership of merchan* dise in a warehouse might be transferred to a buyer. Inst. 2, 1, 44.—Traditio longa manu. A species of delivery which takes place Where


the transferor places the article in the hands of the transferee, or, on his order, delivers it at his house. Mackeld. Rom. Law, § 284.— Traditio rei. Delivery of the thing. See 5 Maule & S. 82.
Traditio loqui facit chartam. Delivery makes a deed speak. 5 Coke, la. Delivery gives effect to the words of a deed. Id.
Traditio nihil amplins transferre de­bet vel potest, ad enm qui accipit, qnam est apnd enm qni tradit. Delivery ought to, and can, transfer nothing more to him who receives than is with him who delivers. Dig. 41, 1, 20, pr.
TRADITION. Delivery. A close trans­lation or formation from the Latin "tradi­tio." 2 Bl. Comm. 307.
Tbe tradition or delivery is the transfer­ring of the thing sold into the power and pos­session of the buyer. Civ. Code La. art. 2477.
In the rule respecting the admission of tra­dition or general reputation to prove bound­aries, questions of pedigree, etc., this word means knowledge or belief derived from the statements or declarations of contemporary witnesses and handed down orally through a considerable period of time. See Westfelt v. Adams, 131 N. C. 379, 42 S. B. 823; In re Hurlburt's Estate, 68 Vt. 366, 35 Atl. 77, 35 L. B. A. 794.
TRADITOR. In old English law. A traitor; one guilty of high treason. Fleta, lib. 1, c. 21, § 8.
TRADITUR IN BALLIUM. In old prac­tice. Is delivered to bail. Emphatic words of tie old Latin bail-piece. 1 Salk. 105.
TRAFFIC. Commerce; trade; dealings in merchandise, bills, money, and the like. See In re Insurance Co. (D. C.) 96 Fed. 757; Levine v. State, 35 Tex. Cr. R. 647, 34 S. W. 969; People v. Hamilton, 17 Misc. Rep. 11, 39 N. Y. Supp. 531; Merriam v. Langdon, 10 Conn. 471.
TRAHENS. Lat. In French law. The drawer of a bill. Story, Bills, § 12, note.
TRAIL-BASTON. Justices of trail-bas-ton were justices appointed by King Edward I., during his absence in the Scotch and French wars, about the year 1305. They were so styled, says Hollingshed, for trailing or drawing the staff of justice. Their office was to make inquisition, throughout the king­dom, of all officers and others, touching extortion, bribery, and such like grievances, of intruders into other men's lands, barrators, robbers, breakers of the peace, and divers other offenders. Cowell; Tomlins.
TRAINBANDS. The militia; the part of a community trained to martial exercises.
TRAISTIS. In old Scotch law. A roll containing the particular dittay taken up up­on malefactors, which, with the porteous, is delivered by the justice clerk to the coroner, to the effect that the persons whose names are contained in the porteous may be at­tached, conform to the dittay contained in the traistis. So called, because committed to the traist, [trust,] faith, and credit of the clerks and coroner. Skene; BurrilL
TRAITOR. One who, being trusted, be­trays ; one guilty of treason.
TRAITOROUSLY. In criminal pleading. An essential word in indictments for treason. The offense must be laid to have been com­mitted traitorously. Whart. Crim. Law, 100.
TRAJECTITIUS. Lat In the civil law. Sent across the sea.
TRAM-WATS. Rails for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and con­vey the traffic. Wharton.
TRAMP. A strolling beggar; a vagrant or vagabond. See State v. Hogan, 63 Ohio St. 202, 58 N. E. 572, 52 L. R. A. 863, 81 Am. St Rep. 626; Miller v. State, 73 Ind. 92; Railway Co. v. Boyle, 115 Ga. 836, 42 S. E. 242, 59 L. R. A. 104.
TRANSACT. In Scotch law. To com­pound. Amb. 185.
TRANSACTIO. Lat. In the civil law. The settlement of a suit or matter in con­troversy, by the litigating parties, between themselves, without referring it to arbitra­tion. Hallifax, Civil Law, b. 3, c. 8, no. 14. An agreement by which a suit, either pend­ing or about to be commenced, was forborne or discontinued on certain terms. Calvin.
TRANSACTION. In the civil law. A
transaction or compromise is an agreement between two or more persons, who, for pre­venting or putting an end to a lawsuit, ad­just their differences by mutual consent in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing. This contract must be reduced into writing. Civ. Code La. art. 3071.
In common law. Whatever may be done by one person which affects another's rights, and out of which a cause of action may arise. Scarborough v. Smith, 18 Kan. 406.
"Transaction" is a broader term than "con­tract." A contract is a transaction, but a transaction is not necessarily a contract. See Ter Kuile v. Marsland, 81 Hun, 420, 31 N. T. Supp. 5; Xenia Branch Bank v. Lee, 7 Abb. Prac. (N. Y.) 372; Roberts v. Donovan, 70 Cal. 113, 11 Pac. 599.


TRANSCRIPT. An official copy of cer­tain proceedings in a court. Thus, any per­son interested in a judgment or other rec­ord of a court can obtain a transcript of it. U. S. v. Gaussen, 19 Wall. 212, 22 L. Ed. 41; State v. Board of Equalization, 7 Nev. 95; Hastings School Dist. v. Caldwell, 16 Neb. 68, 19 N. W. 634; Dearborn v. Patton, 4 Or. 61.
A writ which certified the foot of .a fine levied before Justices in eyre, etc., into the chancery. Reg. Orig. 669.
TRANSCRIPTIO RECOGNITIONS TACTJE CORAM JUSTICIARIIS ITIN-ERANTIBUS, Etc. An old writ to certify a cognizance taken by justices in eyre. Reg. Orig. 152.
TRANSFER, v. To carry or pass over; to pass a thing over to another; to convey.
TRANSFER, n. The passing of a thing or of property from one person to another; alienation; conveyance. 2 Bl. Comm. 294.
Transfer is an act of the parties, or of the law, by which the title to property is con­veyed from one living person to another. Civ. Code Oal. S 1039. And see Pearre v. Hawkins, 62 Tex. 437; Innerarity v. Mims, 1 Ala. 669; Sands v. Hill, 55 N. Y. 18; Pi-rie v. Chicago Title & Trust Co., 182 U. S. 438, 21 Sup. Ct. 906, 45 L. Ed. 1171.
In procedure, "transfer" is applied to an action or other proceeding, when it is taken from the jurisdiction of one court or judge, and placed under that of another.
—Transfer of a cause. The removal of a cause from the jurisdiction of one court or judge to another by lawful authority.—Transfer tax. A tax upon transfers of property by will or inheritance; a tax upon the passing of the title to property or a valuable interest therein out of or from the estate of a decedent, by in­heritance, devise, or bequest. See In re Hoff­man's Estate, 143 N. Y. 327, 38 N. E. 311; In re Gould's Estate, 156 N. Y. 423, 51 N. E. 287; In re Brez's Estate, 172 N. Y. 609, 64 N. E. 958. Sometimes also applied to a tax on the transfer of property, particularly of an incor­poreal nature, such as bonds or shares of stock, between living persons.
TRANSFERABLE. A term used in a quasi legal sense, to indicate that the char­acter of assignability or negotiability at­taches to the particular instrument, or that it may pass from hand to hand, carrying all rights of the original holder. The words "not transferable" are sometimes printed up­on a ticket, receipt, or bill of lading, to show that the same will not be good in the hands of any person other than the one to whom first issued.
TRANSFEREE. He to whom a trans­fer is made.
TRANSFERENCE. In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, whereby the action is transferred or continued, in its then condition, from the decedent to his rep­resentatives. Transference is either active or passive; the former, when it is the pur­suer (plaintiff) who dies; the latter, upon the death of the defender. Ersk. Inst 4, 1, 60.
The transferring of a legacy from the per­son to whom it was originally given to an­other; this is a species of ademption, but the latter is the more general term, and in­cludes cases not covered by the former.
TRANSFERROR. One who makes a transfer.
Transferuntur dominia sine titnlo et traditione, per usucaptionem, soil, per longam continuant et pacificant posses­sionem. Co. Litt. 113. Rights of dominion are transferred without title or delivery, by usucaption, to-wit, long and quiet possession.
TRANSFRETATIO. Lat. fn old Eng­lish law. A crossing of the strait, [of Dover;] a passing or sailing over from England to France. The royal passages or voyages to Gascony, Brittany, and other parts of France were so called, and time was sometimes com­puted from them.
TRANSGRESSIO. In old English law. A violation of law. Also trespass; the ac­tion of trespass.
Transgressio est cum modus non serva-tur nee mensura, debit enim quilibet in suo facto modum habere et mensuram.
Co. Litt. 37. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure.
TRANSGRESSIONE. In old English law. A writ or action of trespass.
Transgressione multiplicata, crescat posnse inflictio. When transgression is mul­tiplied, let the infliction of punishment be Increased. 2 Inst. 479.
TRANSHIPMENT. In maritime law. The act of taking the cargo out of one ship and loading it in another.
TRANSIENT. In poor-laws. A "tran­sient person" is not exactly a person on a journey from one known place to another, but rather a wanderer ever on the tramp. Middlebury v. Waltham, 6 Vt 203; London­derry v. Landgrove, 66 Vt 264, 29 Atl. 256.
In Spanish law. A "transient foreigner" is one who visits the country, without the


intention of remaining. Yates v. lams, 10 Tex. 170.
TRANSIRE, v. Lat To go, or pass over; to pass from one thing, person, or place to another.
TBANSIBE, n. In English law. A war­rant or permit for the custom-house .to let goods pass.
Transit in rem judicatam. It passes in­to a matter adjudged; it 'becomes converted into a res judicata or judgment. A contract upon which a judgment is obtained is said to pass in rem judicatam. United States v. Cushman, 2 Sumn. 436, Fed. Cas. No. 14,908; 3 East, 251; Robertson v. Smith, 18 Johns. (N. Y.) 480, 9 Am. Dec. 227.
Transit terra cum onere. Land passes subject to any burden affecting it Co. Litt 231a; Broom, Max. 495, 706.
TRANSITORY. Passing from place to place; that may pass or be changed from one place to another; not confined to one place; the opposite of "local."
—Transitory action. Actions are said to be either local or transitory. An action is "local," when the principal facts on which it is founded pertain to a particular place. An action is termed "transitory," when the principal fact on which it is founded is of a transitory kind, and might be supposed to have happened any­where ; and therefore all actions founded on debts, contracts and such like matters relating to the person or personal property, come under this latter denomination. Steph. PI. 316, 317. And see Mason v. Warner, 31 Mo. 510; Liv­ingston v. Jefferson. 15 Fed. Cas. 664; Acker-son v. Erie R. Co., 31 N. J. Law, 312; McLeod v. Connecticut & P. R. Co., 58 Vt. 727, 6 Atl. 648.
TBANSITUS. Lat Passage from one place to another; transit In transitu, on the passage, transit, or way. 2 Kent, Comm. 543.
TBANSIiADO. Span. A transcript
TRANSLATION. The reproduction in one language of a book, document or speech delivered in another language.
The transfer of property ; but in this sense it is seldom used. 2 Bl. Comm. 294.
In ecclesiastical law. As applied to a bishop, the term denotes his removal from one diocese to another.
In Roman law. The praetor, on his accession to office, did not usually publish an entirely new edict but retained the whole or a part of that promulgated by his predecessor, as being of an approved or permanently useful character. The portion thus repeated or handed down from year to year was called
the "edictum translatitium." See Mackeld Rom. Law, § 36.
TRANSLATIVE FACT. A fact by means of which a right is transferred or passes from one person to another; one, that is, which fulfills the double function of terminating the right of one person to an object, and of originating the right of another to it
TRANSMISSION. In the civil law. The right which heirs or legatees may have of passing to their successors the inheritance or legacy* to which they were entitled, if they happen to die without having exercised their rights. Domat, liv. 3, t 1, s. 10; 4 Toullier, no. 186; Dig. 50, 17, 54; Code, 6, 51.
TRANSPORT. In old New York law. A conveyance of land.
TRANSPORTATION. The removal of goods or persons from one place to another, by a carrier. See Railroad Co. v. Pratt, 22 Wall. 133, 22 L. Ed. 827; Interstate Com­merce Com'n v. Brimson, 154 U. S. 447, 14 Sup. Ct 1125, 38 L. Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 114 U. S. 196, 5 Sup. Ct. 826, 29 L. Ed. 158.
In criminal law. A species of punish­ment consisting in removing the criminal from his own country to another, (usually a penal colony,) there to remain in exile for a prescribed period. Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct 1016, 37 L. Ed. 905.
TRANSUMPTS. In Scotch law, an ac­tion of transumpt is an action competent to any one having a partial interest in a writ­ing, or immediate use for it, to support his title or defenses in other actions. It is directed against the custodier of the writing, calling upon him to exhibit it in order that a transumpt, i. e., a copy, may be judicially made and delivered to the pursuer. Bell.
TRASLADO. In Spanish law. A copy; a sight. White, New Recop. b. 3, tit. 7, c. 3.
A copy of a document taken by the notary from the original, or a subsequent copy taken from the protocol, and not a copy taken di­rectly from the matrix or protocol. Down­ing v. Diaz, 80 Tex. 436, 16 S. W. 54.
TRASSANS. Drawing; one who draws. The drawer of a bill of exchange.
TRASSATUS. One who is drawn, or drawn upon. The drawee of a bill of ex­change. Heinecc. de Camb. c. 6, §§ 5, 6.
TRAUMA. In medical jurisprudence. A wound; any injury to the body caused by ex­ternal violence.
—Traumatic. Caused by or resulting from a wound or any external injury; as, traumatic insanity, produced by an injury to or fracture of the skull with consequent pressure on the


brain.—Traumatism. A diseased condition of the body or any part of it caused by a wound or external injury.
TRAVAIL. The act of child-bearing. A woman is said to be in her travail from the time the pains of child-bearing commence un­til her delivery. Scott v. Donovan, 153 Mass. 378, 26 N. E. 871.
TRAVEL. To go from one place to an­other at a distance; to journey; spoken of voluntary change of place. See White v. Beazley, 1 Barn. & -Aid. 171; Hancock v. Rand, 94 N. Y. 1, 46 Am. Rep. 112; Gholson v. State, 53 Ala. 521, 25 Am. Rep. 652; Camp­bell v. State, 28 Tex. App. 44, 11 S. W. 832; State v. Smith, 157 Ind. 241, 61 N. E. 566, 87 Am. St Rep. 205.
TRAVELER. The term is used in a broad sense to designate those who patronize Inns. Traveler is one who travels in any way. Distance is not material. A towns­man or neighbor may be a traveler, and therefore a guest at an inn, as well as he who comes from a distance or from a foreign country. Walling v. Potter, 35 Conn. 1.85.
TRAVERSE. In the language of plead­ing, a traverse signifies a denial. Thus, where a defendant denies any material alle­gation of fact in the plaintiff's declaration, he is said to traverse it, and the plea itself is thence frequently termed a "traverse." Brown.
In criminal practice. To put off or de­lay the trial of an indictment till a succeed­ing term. More properly, to deny or take Issue upon an indictment. 4 Bl. Comm. 351.
—Common traverse. A simple and direct denial of the material allegations of the oppo­site pleading, concluding to the country, and without inducement or absque hoc.—General traverse. One preceded by a general induce­ment, and denying in general terms all that is last before alleged on the opposite side, in­stead of pursuing the words of the allegations which it denies. Gould, PI. vii. 5.—Special traverse. A peculiar form of traverse or de­nial, the design of which, as distinguished from a common traverse, is to explain or qualify the denial, instead of putting it in the direct and absolute form. It consists of an affirmative and a negative part, the first setting forth the new affirmative matter tending to explain or qualify the denial, and technically called the "inducement," and the latter constituting the direct denial itself, and technically called the "absque hoc." Steph. PI. 169-180; Allen v. Stevens, 29 N. J. Law, 513; Chambers v. Hunt. 18 N. J. Law, 352; People v. Pullman's Car Co., 175 111. 125, 51 N. E. 664, 64 L. R. A. 366.—>Traverse jury. A petit jury; a trial jury; a jury impaneled to try an action or prosecution, as distinguished from a grand jury.—Traverse of indictment or present­ment. The taking issue upon and contradict­ing or denying some chief point of it. Jacob. —Traverse of office. The proving that an inquisition made of lands or goods by the escheator is defective and untruly made. Tom-Ens. It is the challenging, by a subject, of an inquest of office, as being defective and untruly made. Mozley & Whitley.—Traverse upon a traverse. One growing out of the same point Bl.Law Diot.(2d Ed.)—74
or subject-matter as is embraced in a preced­ing traverse on the other side.
TRAVERSER. In pleading. One who traverses or denies. A prisoner or party in­dicted; so called from his traversing the indictment.
TRAVERSING NOTE. This is a plead­ing in chancery, and consists of a denial put in by the plaintiff on behalf of the defendant, generally denying all the statements In the plaintiff's bill. The effect of it is to put the plaintiff upon proof of the whole contents of his bill, and is only resorted to for the pur­pose of saving time, and in a case where the plaintiff can safely dispense with an answer. A copy of the note must be served on the de­fendant. Brown.
an instrument of prison discipline, being a wheel or cylinder with an horizontal axis, having steps attached to it, up which the prisoners walk, and thus put the axis in mo­tion. The men hold on by a fixed rail, and, as their weight presses down the step upon which they tread, they ascend the next step, and thus drive the wheel. Enc. Brit
TREASON. The offense of attempting to overthrow the government of the state to which the offender owes allegiance; or of betraying the state into the hands of a for­eign power. Webster.
In England, treason is an offense particu­larly directed against the person of the sov­ereign, and consists (1) in compassing or im­agining the death of the king or queen, or their eldest son and heir; (2) in violating the king's companion, or the king's eldest daugh­ter unmarried, or the wife of the king's eld­est son and heir; (3) in levying war against the king in his realm; (4) in adhering to the king's enemies in his realm, giving to them aid and comfort in the realm or else­where, and (5) slaying the chancellor, treas­urer, or the king's justices of the one bench or the other, justices in eyre, or justices of assize, and all other justices assigned to hear and determine, being in their places doing their offices. 4 Steph. Comm. 185-193; 4 Bl. Comm. 76-S4.
"Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort" U. S. Const art 3, § 3, cl. 1. See Young v. U. S., 97 U. S. 62, 24 L. Ed. 992; U. S. v. Bollman, 1 Cranch, C. C. 373, Fed. Cas. No. 14,622; U. S. v. Greathouse, 4 Sawy. 457, 2 Abb. U. S. 364, Fed. Cas. No. 15,254; U. S. v. Hanway, 2 Wall. Jr. 139, Fed. Cas. No. 15,299; U. S. v. Hoxie, 1 Paine, 265, Fed. Cas. No. 15,407; U. S. v. Pryor, 3 Wash. C. C. 234, Fed. Cas. No. 16,096.
—Constructive treason. Treason imputed to a person by law from his conduct or course


ct actions, though his deeds taken severally dc not amount to actual treason. This doctrine is not known in the United States.—High treason. In English law. Treason against the king or sovereign, as distinguished from petit or petty treason, which might formerly be committed against a subject. 4 Bl. Comm. 74, 75: 4 Steph. Comm. 183, 184, note.—Mis­prision of treason. See Mxspeision.—Pet­it treason. In English law. The crime com­mitted by a wife in killing her husband, # or a. servant his lord or master, or an ecclesiastic his lord or ordinary. 4 Bl. Comm. 75.—Trea­son-felony, under the English statute 11 & 12 Vict. c. 12, passed in 1848, is the offense of compassing, devising, etc., to depose her maj­esty from the crown; or to levy war in order to intimidate either house of parliament, etc., or to stir up foreigners by any printing or writing to invade the kingdom. This offense is punishable with penal servitude for life, or for any term not less than five years, etc., under statutes 11 & 12 Vict. c. 12, § 3; 20 & 21 Vict. c. 3, § 2; 27 & 28 Vict. c. 47, § 2. By the statute first above mentioned, the gov­ernment is enabled to treat as felony many offenses which must formerly have been treated as high treason. Mozley & Whitley.
TREASONABLE. Having the nature or guilt of treason.
TREASURE. A treasure is a thing hid­den or buried in the earth, on which no one can prove his property, and which is discov­ered by chance. Civil Code La. art 3423, par. 2. See Tbeasube-Teove.
TREASURE-TROVE. Literally, treas­ure found. Money or coin, gold, silver, plate or bullion found hidden in the earth or oth­er private place, the owner thereof being un­known. 1 Bl. Comm. 295. Called in Latin "thesaurus inventus;" and in Saxon "fyn-deringa." See Huthmacher v Harris, 38 Pa. 499, 80 Am. Dec. 502; Livermore v. White, 74 Me. 456, 43 Am. Rep. 600; Sovern v. Yoran, 16 Or. 269, 20 Pac. 100, 8 Am. St Rep. 293.
TREASURER. An officer of a public or private corporation, company, or government, charged with the receipt, custody, and dis­bursement of its moneys or funds. See State y. Eames, 39 La. Ann. 986, 3 South. 93; Mutual L. Ins. Co. v. Martien, 27 Mont. 437, 71 Pac. 470; Weld v. May, 9 Cush. (Mass.) 189; In re Millward-Cliff Cracker Co.'s Es­tate, 161 Pa. 167, 28 Atl. 1072.
—Treasurer, lord high. Formerly the chief treasurer of England, who had charge of the moneys in the exchequer, the chancellor of the exchequer being under him. He appointed all revenue officers and escheators, and leased crown lands. The office is obsolete, and his duties are now performed by the lords commis­sioners of the treasury. Stim. Gloss.
In English law. He whose charge was to put the lord treasurer and the rest of the judges of the exchequer in remembrance of such things as were called on and dealt in for the sovereign's behoof. There is still one in Scotland. Wharton.
TREASURY. A place or building in which stores of wealth are reposited; partic­ularly, a place where the public revenues are deposited and kept, and where money is dis­bursed to defray the expenses of government Webster.
That department of government which is charged with the receipt, custody, and dis­bursement {pursuant to appropriations) of the public revenues or funds.
—Treasury beneh. In the English house of commons, the first row of seats on the right hand of the speaker is so called, because occu­pied by the first lord of the treasury or prin­cipal minister of the crown. Brown.—Treas­ury chest fund. A fund, in England, origi­nating in the unusual balances of certain grants of public money, and which is used for bank­ing and loan purposes by the commissioners of the treasury. Its amount was limited by St 24 & 25 Vict c. 127, and has been further reduced to one million pounds, the residue being transferred to the consolidated fund, by St. 36 & 37 Vict c, 56. Wharton.—Treasury note. A note or bill issued by the treasury depart­ment by the authority of the United States government, and circulating as money. See Brown v. State, 120 Ala. 342, 25 South. 182.
TREATY. In international law. An
agreement 'between two or more independent states. Brande. An agreement, league, or contract between two or more nations or sovereigns, formally signed by commission­ers properly authorized, and solemnly rati­fied by the several sovereigns or the supreme power of each state. Webster; Cherokee Nation v. Georgia, 5 Pet. 60, 8 L. Ed. 25; Edye v. Robertson, 112 U. S. 580, 5 Sup. Ct 247, 28 L. Ed. 798; Holmes v. Jennison, 14 Pet. 571, 10 L. Ed. 579; U. S. v. Rauscher, 119 U. S. 407, 7 Sup. Ct. 234, 30 L. Ed. 425; Ex parte Ortiz (C. C.) 100 Fed. 962.
In private law, "treaty" signifies the dis­cussion of terms which immediately precedes the conclusion of a contract or other trans­action. A warranty on the sale of goods, to be valid, must be made during the "treaty" preceding the sale. Chit Oont. 419; Sweet
—Treaty of peace. A treaty of peace is an agreement or contract made by belligerent pow­ers, in which they agree to lay down their arms, and by which they stipulate the condi­tions of peace and regulate the manner in which it is to be restored and supported. Vat-tel, b. 4, c. 2, § 9.
TREBELLANIC PORTION. "In conse­quence of this article, the trebellanic portion of the civil law—that is to say, the portion of the property of the testator which the insti­tuted heir had a right to detain when he was charged with a fidei commissa or fiduciary bequest—is no longer a part of our law." Civ. Code La. art 1520, par. 3.
TREBLE DAMAGES. In practice. Dam­ages given by statute in certain cases, con­sisting of the single damages found by the


Jury, actually tripled in amount The usual practice has been for the jury to find the single amount of the damages, and for the court, on motion, to order that amount to be trebled. 2 Tidd, Pr. 893, 894.
TREBUCKET. A tumbrel, castigatory, or cucking-stool. See James v. Coram., 12 Serg. & R. (Pa.) 227.
TREET. In old English law. Fine wheat
records. The season or time of sowing sum­mer corn, being about March, the third month, to which the word may allude. Cow-ell.
Tres facinnt collegium. Three make a corporation; three members are requisite to constitute a corporation. Dig. 50, 16, 8; 1 Bl. Comm. 469.
TRESAEIi. L. Fr. A great-great-grand­father. ? Britt c. 119. Otherwise written "tresaiel," and "tresayle." 3 Bl. Comm. 186; Litt § 20.
TRESAYLE. An abolished writ sued on ouster by abatement, on the death of the grandfather's grandfather.
TRESPASS. Any misfeasance or act of one man whereby another is injuriously treated or damnified. 3 Bl. Comm. 208.
An injury or misfeasance to the person, property, or rights of another person, done with force and violence, either actual or im­plied in law. See Grunson v. State, 89 Ind. 536, 46 Am. Rep. 178; Southern Ry. Co. v. Harden, 101 Ga. 263, 28 S. E. 847; Blood v. Kemp, 4 Pick. (Mass.) 173; Toledo, etc., R. Co. v. McLaughlin, 63 111. 391; Agnew v. Jones, 74 Miss. 347, 23 South. 25; Hill v. Kimball, 76 Tex. 210, 13 S. W. 59, 7 L. R. A. 618.
In the strictest sense, an entry on another's ground, without a lawful authority, and do­ing some damage, however inconsiderable, to his real property. 3 Bl. Comm. 209.
Trespass, in its most comprehensive • sense, signifies any transgression or offense against the law of nature, of society, or of the country in which we live; and this, whether it relates to a man's person or to his property. In its more limited and ordinary sense, it signifies an injury committed with violence, and this vio­lence may be either actual or implied; and the law will imply violence though none is actually used, when the injury is of a direct and immediate kind, and committed on the person or tangible and corporeal property of the plaintiff. Of actual violence, an assault and battery is an instance; of implied, a peaceable but wrongful entry upon a person's land. Brown.
In. practioe. A form of action, at the common law, which lies for redress in the shape of money damages for any unlawful iDjury done to the plaintiff, in respect either
to his person, property, or rights, by the im­mediate force and violence of the defendant.
—Continuing trespass. One which does not consist of a single isolated act but is in its nature a permanent invasion of the rights of another; as, where a person builds on his own land so that a part of the building overhangs his neighbor's land.—Permanent trespass. One which consists of a series of acts, done on successive days, which are of the same nature, and are renewed or continued from day to day, so that, in the aggregate, they make up one indivisible wrong. 3 Bl. Comm. 212.—-Tres­pass de bonis asportatis. ' (Trespass for goods carried away.) In practice. The technic­al name of that species of action of trespass for injuries to personal property which lies where the injury consists in carrying atony the goods or property. See 3 Bl. Comm. 150, 151.—Trespass for mesne profits. A form of action supplemental to an action of eject­ment, brought against the tenant in possession to recover the profits which he has wrongfully received during the time of his occupation. 3 Bl. Comm. 205.—Trespass on the ease. The form of action, at common law, adapted to the recovery of damages for some injury resulting to a party from the wrongful act of another, unaccompanied by direct or immediate force, or which is the indirect or secondary conse­quence of such act. Commonly called, by ab­breviation, "Case." See Munal v. Brown (C C.) 70 Fed. 968; Nolan v. Railroad Co., 70 Conn. 159, 39 Atl. 115; 43 L. R. A. 305; Christian v. Mills, 2 Walk. (Pa.) 131.—Tres­pass qnare claustun fregit. "Trespass wherefore he broke the close. The common-law action for damages for an unlawful entry or trespass upon the plaintiffs land. In the Latin form of the writ, the defendant was call­ed upon to show why he broke the plaintiff's close; ?. e., the real or imaginary structure in­closing the land, whence the name. It is com­monly abbreviated to "trespass qu. ch fr." See Kimball v. Hilton, 92 Me. 214, 42 Atl. 394. —Trespass to try title. The name of the action used in several of the states for the recovery of the possession of real property, with damages for any trespass committed upon the same by the defendant.—Trespass vi et armis. Trespass with force and arms. The common-law action for damages for any injury com­mitted by the defendant with direct and im­mediate force or violence against the plaintiff or his property.
TRESPASSER. One who has committed trespass; one who unlawfully enters or in­trudes upon another's land, or unlawfully and forcibly takes another's personal prop­erty.
—Joint trespassers. Two or more who unite in committing a trespass. Kansas City v. File, 60 Kan. 157. 55 Pac. 877; Bonte v. Postel, 109 Ky. 64, 58 S. W. 536. 51 L. R. A. 187.— Trespasser ab initio. Trespasser from the beginning. A term applied to a tort-feasor whose acts relate back so as to make a previous act, at the time innocent, unlawful; as, if he enter peaceably, and subsequently commit a breach of the peace, his entry is considered a trespass. Stim Gloss. See Wright v. Marvin, 59 Vt. 437, 9 Atl. 601.
TBESTORNARE. In old English law. To turn aside; to divert a stream from its course. Bract, fols. 115, 2346. To turn or alter the course of a road. Cowell.
TRESVIRI. Lat. In Roman law. Offi­cers who had the charge of prisons, and the execution of condemned criminals. Calvin

TRET. An allowance made for the water or dust that may be mixed with any com­modity. It differs from tare, (q. v.)
TRETHINGA. In old English law. A trithing; the court of a trithing.
TREYT. Withdrawn, as a juror. Writ­ten also treat. Cowell.
TRIA CAPITA, In Roman law, were civitas, Ubertas, and familia; i. e.t citizen­ship, freedom, and family rights.
TRIAX. The examination before a com­petent tribunal, according to the law of the land, of the facts or law put in issue in a cause, for the purpose of determining such issue.
A trial is the judicial examination of the issues between the parties, whether they be issues of law or of fact Code N. Y. § 252; Code N. C. § 397.
The examination of a cause, civil or crim­inal, before a judge who has jurisdiction over it, according to the laws of the land. See Finn v. Spagnoli, 67 Cal. 330, 7 Pac. 746; In re Chauncey, 32 Hun (N. Y.) 431; Bullard v. Kuhl, 54 Wis. 545, 11 N. W. 801; Spencer v. Thistle, 13 Neb. 229, 13 N. W. 214; State v. Brown, 63 Mo. 444; State v. Clifton, 57 Kan. 449, 46 Pac. 715; State v. Bergman, 37 Minn. 407, 34 N. W. 737; Home L. Ins. Co. v. Dunn, 19 Wall. 224, 22 L. Ed. 68; Crane v. Reeder, 28 Mich. 535, 15 Am. Rep. 223.
—Mistrial. See that title.—New trial. A
new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. Code Civ. Proc. Cal. § 656. A new trial is a re-examination of the issue in the same court, before another jury, after a verdict has been given. Pen. Code Cal. § 1179. A new trial is a re-examination in the same court of an issue of fact, or some part or portions thereof, after the -verdict by a jury, report of a referee, or a decision by the court. Rev. Code Iowa 1880, § 2837.—New trial pa­per. In English practice. A paper containing a list of causes in which rules nisi have been obtained for a new trial, or for entering a ver­dict in place of a nonsuit, or for entering judg­ment non obstante veredicto, or for otherwise varying or setting aside proceedings which have taken place at ntsi prius. These are called on for argument in the order in which they stand in the paper, on days appointed by the judges for the purpose. Brown.—Public trial. A trial held in public, in the presence of the pub­lic, or in a place accessible and open to the attendance of the public at large, or of persons who may properly be admitted. "By this [pub­lic trial] is not meant that every person who sees fit shall in all cases be permitted to at­tend criminal trials, because there are many cases where, from the character of the charge and the nature of the evidence by which it is to be supported, the motives to attend the trial, on the part of portions of the community, would be of the worst character, and where a regard to public morals and public decency would re­quire that at least the young be excluded from hearing and witnessing the evidences of human depravity which the trial must necessarily bring to light. The requirement of a public trial is for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly con­demned, and that the presence of interested spec-
tators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions; and the requirement is fairly observed if, without partiality or favoritism, a reasonable proportion of the public is suffered to attend, notwithstanding that those persons whose presence could be of no service to the accused, and who would only be drawn thither by a prurient curiosity, are excluded altogether." Cooley, Const. Idm. *312. And see People v. Hall, 51 App. Div. 57, 64 N. Y. Supp. 433; People v. Swafford, 65 Cal. 223, 3 Pac. 809. —Speedy trial. See that title.—Separate trial. See Separate.—State trial. See State.—Trial at bar. A species of trial now seldom resorted to, excepting in cases where the matter in dispute is one of great importance and difficulty. It is a trial which takes place before all the judges at the bar of the court in Which the action is brought. Brown. See 2 Tidd, Pr. 747; Steph. PI. 84.—Trial at nisi prius. In practice. The ordinary kind of trial which takes place at the sittings, assizes, or circuit, before a single judge. 2 Tidd, Pr. 751, 819.—Trial by certificate. A form of trial allowed in cases where the evidence of the per­son certifying was the only proper criterion of the point in dispute. Under such circumstances, the issue might be determined by the certificate alone, because, if sent to a jury, it would be conclusive upon them, and therefore their inter­vention was unnecessary. Tomhns.—Trial by grand assize is a peculiar mode of trial al­lowed in writs of right. See Assize; Grand Assize.—Trial by inspection or examina­tion is a form of trial in which the judges of the court, upon the testimony of their own senses, decide the point in dispute.—Trial by jury. A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" are, and for ages have been, well known in the language of the law. They were used at the adoption of the constitution, and always, it is believed, be­fore that time, and almost always since, in a single sense. A jury for the trial of a cause was a body of twelve men, described as upright, well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependents of either of the parties, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all bias in favor of or against either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them, who. after hearing the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberat­ing, when necessary, apart from all extrane­ous influences, must return their unanimous ver­dict upon the issue submitted to them. All the books of the law describe a trial jury sub­stantially as we have stated it; and a "trial by jurr" is a trial by such a body so constitut­ed and conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co., 23 R. I. 289, 49 Atl. 999; State v. Hamey, 168 Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital Traction Co. v. Hof, 174 U. S. 1, 19 Sup. Ct. 580, 43 L». Ed. 873; Lommen v. Minneapolis Gaslight Co., 65 Minn. 196, 68 N. W. 53, 33 L. R. A. 437, 60 Am. St. Rep. 450; People v. Dutcher, 83 N. Y. 242; Vaughn v Scade, 30 Mo. 600; Ward v. Farwell, 97 111. 612.—Trial by proviso. A proceeding allowed where the plaintiff in an action desists from prosecuting his suit, and does not bring it to trial in con­venient time. The defendant, in such case, may take out the venire facias to the sheriff, contain­ing these words, "proviso quod," etc., ?. e., pro­vided that. If plaintiff take out any writ to that purpose, the sheriff shall summon but one jury on them both. This is called "going to trial by proviso." Jacob, tit. "Proviso."—Trial by the record. A form of trial resorted to


where issue is taken upon a plea of nul tiel record^ in which case the party asserting the existence of a record as pleaded is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by in­spection and examination of it. If the record is not produced, judgment is given for his ad­versary. 3 Bl. Comm. 330.—Trial by wager of battel. This was a species of trial intro­duced into England, among other Norman cus­toms, by William the Conqueror, in which the person accused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 Bl. Comm. 337-341.—Trial by wager of law. In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators, swore that they believed him to speak the truth. 3 Bl. Comm. 343. See Wager of Law.—Trial by witnesses. The name "trial per testes" has been used for a trial without the interven­tion of a jury, is the only method of trial known to the civil law, and is adopted by deposition* in chancery. The judge is thus left to form, in his own breast, his sentence upon the credit of the witnesses examined. But it is very rare­ly used at common law. Tomlins.—Trial de novo. A new trial or retrial had in an appel­late court in which the whole case is gone into as if no trial whatever had been had in the court below. See Karcher v. Green, 8 Housfc (Del.) 163, 32 Atl. 225; Ex parte Morales (Tex. Cr. Apn.) 53 S. W. 108; Shultz v. Lempert, 55 Tex. 277.—Trial jury. The jury participat­ing in the trial of a given case) or a jury sum­moned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jury—Trial list. A list of cases marked down for trial for any one term.—Trial with assessors. Admiralty actions involving nautical questions, e. a., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 179.
Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere no-titiam. Trial ought always to be had where the jurors can have the best informa­tion. 7 Coke, 1.
TRIBUERE. Lat In the civil law. To give; to distribute.
TRIBUNAL The seat of a judge; the place where he administers justice; a ju­dicial court; the bench of judges. See Fos­ter v. Worcester, 16 Pick. <Mass.) 81.
In Roman law. An elevated seat occu­pied by the praetor, when he judged, or heard causes in form. Originally a kind of stage made of wood in the form of a square, and movable, but afterwards built of stone in the form of a semi-circle. Adams, Rom. Ant. 132, 133.
French law. Certain courts composed of a president, judges, and substitutes, which take cognizance of all cases between mer­chants, and of disagreements among part­ners. Appeals lie from them to the courts of justice. Brown.
TRIBUTE. A contribution which is rais­ed by a prince or sovereign from his sub­jects to sustain the expenses of the state.
A sum of money paid by an inferior sover­eign or state to a superior potentate, to se­cure the friendship or protection of the lat­ter. Brande.
TRICESIMA. An ancient custom in a borough in the county of Hereford, so call­ed because thirty burgesses paid Id. rent for their houses to the bishop, who was lord of the manor. Wharton.
TRIDING-MOTE. The court held for a triding or trithing. Cowell.
TRIDUUM. In old English law. The space of three days. Fleta, lib. 1, c. 31, § 7.
TRIENNIAL ACT. An English statute limiting the duration of every parliament to three years, unless sooner dissolved. It was passed by the long parliament in 1640, and afterwards repealed, and the term was fixed at seven years by the septennial act, (St. 1 Geo. I. St 2, c 38.)
TRIENS. Lat. In Roman law. A sub­division of the as, containing four uncice; the proportion of four-twelfths or one-third. 2 Bl. Comm. 462, note m. A copper coin of the value of one-third of the as. Brande.
In feudal law. Dower or third. 2 Bl. Comm. 129.
TRIGAMUS. In old English law. One who has been thrice married; one who, at different times and successively, has had three wives; a trigamist 3 Inst 88.
TRIGELD. In Saxon law. A triple gild, geld, or payment; three times the value of a thing, paid as a composition or satisfac­tion. Spelman.
TRINEPOS. Lat. In the civil law. A great-grandson's or great-granddaughter's great-grandson. A male descendant in the sixth degree. Inst. 3, 6, 4.
TRINEPTIS. Lat. In the civil law. A great-grandson's or great-granddaughter's great-granddaughter. A female descendant in the sixth degree. Inst. 3, 6, 4.
TRINITY HOUSE. In English law. A society at Deptford Strond, incorporated by Hen. VIII. in 1515, for the promotion of commerce and navigation by licensing and regulating pilots, and ordering and erecting beacons, light-houses, buoys, etc. Wharton.
TRINITY MASTERS are elder breth­ren of the Trinity House. If a question aris­ing in an admiralty action depends upon technical skill and experience in navigation,

the judge or court is usually assisted at the hearing by two Trinity Masters, who sit as assessors, and advise the court on questions of a nautical character. Williams & B. Adm. Jur. 271; Sweet.
TRINITY SITTINGS. Sittings of the English court of appeal and of the high court of justice in London and Middlesex, commencing on the Tuesday after Whitsun week, and terminating on the 8th of August
TRINITY TERM. One of the four terms of the English courts of common law, beginning on the 22d day of May, and end­ing on the 12th of June. 3 Steph. Comm. 562.
TRINITJMGEIiDUM. In old European law. An extraordinary kind of composition for an offense, consisting of three times nine, or twenty-seven times the single geld or pay­ment. Spelman.
Saxon law. A threefold necessity or burden. A term used to denote the three things from contributing to the performance of which no lands were exempted, viz., pontis repara-tio, (the repair of bridges,) arcis constructio, (the building of castles,) et expeditio contra hostem, (military service against an enemy.) 1 Bl. Comm. 263, 357.
TRIORS. In practice. Persons who are appointed to try challenges to jurors, i. e., to hear and determine whether a juror chal­lenged for favor is or is not qualified to serve.
The lords chosen to try a peer, when in­dicted for felony, in the court of the lord high steward, are also called "triors." Moz-ley & Whitley.
TRIPARTITE. In conveyancing. Of three parts; a term applied to an indenture to which there are three several parties, (of the first, second, and third parts,) and which is executed in triplicate.
TRIPLICACION. L. Fr. In old plead­ing. A rejoinder in pleading; the defend­ant's answer to the plaintiff's replication. Britt c. 77.
TRIPLICATIO. Lat. In the civil law. The reply of the plaintiff to the rejoinder of the defendant. It corresponds to the sur­rejoinder of common law. Inst 4, 14; Bract. 1. 5, t 5, c. 1.
TRISTRIS. In old forest law. A free­dom from the duty of attending the lord of a forest when engaged in the chase. Spel­man.
TRITAVIA. Lat. In the civil law. A great-grandmother's great-grandmother; the female ascendant in the sixth degree.
TRITAVUS. Lat. In the civil law. A great-grandfather's great-grandfather; the male ascendant in the sixth degree.
TRITHING. In Saxon law. One of the territorial divisions of England, being the third part of a county, and comprising three or more hundreds. Within the trithing there was a court held (called "trithing-mote") which resembled the court-leet, but was in­ferior to the county court.
—Trithing-mote. The court held for a trith­ing or riding.—Trithing-reeve. The officer who superintended a trithing or riding.
TRIUMVIR. Lat In old English law. A trithing man or constable of three hun­dred. Cowell.
Roman law. Officers who had charge of the prison, through whose intervention punish­ments were inflicted. They had eight lictors to execute their orders. Vicat Voc. Jur.
TRIVERBIAL DAYS. In the civil law. Juridical days; days allowed to the praetor for deciding causes; days on which the praetor might speak the three characteristic words of his office, viz., do, dico, addico. Cal­vin. Otherwise called "dies fasti." 3 Bl. Comm. 424, and note t*.
TRIVIAL. Trifling; inconsiderable; of small worth or importance. In equity, a demurrer will lie to a bill on the ground of the triviality of the matter in dispute, as be­ing below the dignity of the court. 4 Bouv. Inst. no. 4237.
TRONAGE. In English law. A cus­tomary duty or toll for weighing wool; so called because it was weighed by a common trona, or beam. Fleta, lib. 2, c. 12.
TRONATOR. A weigher of wool. Co-well.
TROPHY MONEY. Money formerly col­lected and raised in London, and the sev­eral counties of England, towards providing harness and maintenance for the militia, etc.
TROVER. In common-law practice, the action of trover (or trover and conversion) is a species of action on the case, and origi­nally lay for the recovery of damages against a person who had found another's goods and wrongfully converted them to his own use. Subsequently the allegation of the loss of the goods by the plaintiff and the finding of them by the defendant was merely fictitious, and the action became the remedy for any wrongful interference with or detention of the goods of another. 3 Steph. Comm. 425. Sweet See Burnham v. Pidcock, J53 Misc. Rep. 65, 66 N. Y. Supp. 806; Larson v Daw-


son, 24 R. I. 317, 53 Atl. 93, 96 Am. St Rep. 716; Waring v. Pennsylvania R. Co., 76 Pa. 496; Metropolis Mfg. Co. v. Lynch, 68 Conn. 459, 36 Atl. 832; Spellman v. Richmond & D. R. Co., 35 S. C. 475, 14 S. E. 947, 28 Am. St .Rep. 858.
TROY WEIGHT. A weight of twelve ounces to the pound, having its name from Troyes, a city in Aube, France.
TRUCE. In international law. A sus­pension or temporary cessation of hostili­ties by agreement between belligerent pow­ers; an armistice. Wheat. Int. Law, 442.
—Trace of God. In medieval law. A truce or suspension of arms promulgated by the church, putting a stop to private hostilities at certain periods or during certain sacred sea­sons.
TRUCK ACT. In English law. This name is given to the statute 1 & 2 Wm. IV. c. 37, passed to abolish what is commonly called the "truck system," under which em­ployers were in the practice of paying the wages of their work people in goods, or of requiring them to purchase goods at certain shops. This led to laborers being compelled to take goods of inferior quality at a high price. The act applies to all artificers, work­men, and laborers, except those engaged in certain trades, especially iron and metal works, quarries, cloth, silk, and glass manu­factories. It does not apply to domestic or agricultural servants. Sweet
TRUE. Conformable to fact; correct; ex­act ; actual; genuine; honest
"In one sense, that only is true which is con­formable to the actual state of things. In that sense, a statement is untrue which does not ex­press things exactly as they are. But in an­other and broader sense, the word 'true' is often used as a synonym of 'honest,' 'sincere,' 'not fraudulent' " Moulor v. American L. Ins. Co., Ill U. S. 345, 4 Sup. Ct. 466, 28 L Ed. 447.
—True bill. In criminal practice. The in­dorsement made by a grand jury upon a bill of indictment, when they find it sustained by the evidence laid before them, and are satisfied of the truth of the accusation. 4 Bl. Comm. 306.—True, public, and notorious. These three qualities used to be formally predicated in the libel in the ecclesiastical courts, of the charges which it contained, at the end of each article severally. Wharton.
TRUST. 1. An equitable or beneficial right or title to land or other property, held for the beneficiary by another person, in whom resides the legal title or ownership, recognized and enforced by courts of chan­cery. See Goodwin v. McMinn, 193 Pa. 646, 44 Atl. 1094, 74 Am. St. Rep. 703; Beers v. Lyon, 21 Conn. 613; Seymour v. Freer, 8 Wall. 202, 19 L. Ed. 306.
An obligation arising out of a confidence reposed in the trustee or representative, who iias the legal title to property conveyed to
him, that he will faithfully apply the prop­erty according to the confidence reposed, or, In other words, according to the wishes of the grantor of the trust 4 Kent Comm. 304; Willis, Trustees, 2; Beers v. Lyon, 21 Conn. 613; Thornburg v. Buck, 13 Ind. App. 446, 41 N. E. 85.
An equitable obligation, either express or implied, resting upon a person by reason of a confidence reposed in him, to apply or deal with the property for the benefit of some other person, or for the benefit of himself and another or others, according to such con­fidence. McCreary v. Gewinner, 103 Ga. 528, 29 S. E. 960.
A holding of property subject to a duty of employing it or applying its proceeds ac­cording to directions given by the person from whom it was derived. Munroe T. Crouse, 59 Hun, 248, 12 N. T. Supp. 815.
—Accessory trust. In Scotch law, this ia the term equivalent to "active" or "special" trust. See infra.—Active trust. One which imposes upon the trustee the duty of taking active measures in the execution of the trust, as, where property is conveyed to trustees with directions to sell and distribute the proceeds among creditors of the grantor; distinguished from a "passive" or "dry" trust.—-Cestui que trust. The person for whose benefit a trust is created or who is to enjoy the income or the avails of it.—Constructive trust. A (rust raised by construction of law, or arising by operation of law, as distinguished from an ex­press trust. Wherever the circumstances of a transaction are such that the person who takes the legal estate in property cannot also enjoy the beneficial interest without necessarily vio­lating some established principle of equity, the court will immediately raise a constructive trust, and fasten it upon the conscience of the legal owner, so as to convert him into a trus­tee for the parties who in equity are entitled to the beneficial enjoyment. Hill, Trustees, 116; 1 Spence, Eq. Jur. 511. Nester v. Gross, 66 Minn 371, 69 N. W. 39; Jewelry Co. v. Volfer, 106 Ala. 205, 17 South. 525, 28 L. R. A. 707, 54 Am. St. Rep. 31.—Contingent trust. An express trust may depend for its operation upon a future event, and is then a "contingent" trust. Civ. Code Ga. 1895, § 3154.—Direct trust. A direct trust is an express trust, as distinguished from a constructive or implied trust. Currence v. Ward, 43 W. Va. 367, 27 S. E. 329.—Directory trust. One which is subject to be moulded or applied according to subsequent directions of the grantor; one which is not completely and finally settled by the instrument creating it, but only defined in its general purpose and to be carried into detail according to later specific directions.—Dry trust. One which merely vests the legal title in the trustee, and does not require, the per­formance of any active duty on his part to carry out the trust.—Executed trust. A trust of which the scheme has in the outset been com­pletely declared. Adams, Eq. 151. A trust in which the estates and interest in the subject-matter of the trust are completely limited and defined by the instrument creating the trust, and require no further instruments to complete them. Bisp. Eq. 20; Pillot v. Landon, 46 N. J. Eq. 310, 19 Atl. 25; Dennison v. Goehring, 7 Pa. 177, 47 Am. Dec. 505; In re Fair's Estate, 132 Cal. 523, 60 Pac. 442, 84 Am. St. Rep. 70; Cushing v. Blake, 29 N. J. Eq. 403; Egerton v. Brownlow, 4 H. L. Cas. 210. As all trusts are executory in this sense, that the trustee is bound to dispose of the estate according to the tenure of his trust, whether


active or passive, it would be more accurate and precise to substitute the terms, "perfect" and "imperfect" for "executed" and "execu­tory" trusts. 1 Hayes, Conv. 85.—Executory trust. One which requires the execution of some further instrument, or the doing of some further act, on the part of the creator of the trust or of the trustee, towards its complete creation or full effect. An executed trust is one fully created and of immediate effect. These terms do not relate to the execution of the trust as regards the beneficiary. Martling v. Martling, 55 N. J. Eq. 771, 39 Atl. 203; Car-radine v. Carradine, 33 Miss. 729; Cornwell v. Wulff, 148 Mo. 542, 50 S. W. 439, 45 L. R. A. 53; In re Fair's Estate, 132 Cal. 523, 60 Pac. 442, 84 Am. St. Rep. 70; Pillot v. Lan-don, 46 N. J. Bq. 310, 19 Atl. 25.—Express trust. A trust created or declared in express terms, and usually in writing, as distinguished from one inferred by the law from the con­duct or dealings of the parties. State v. Camp­bell, 59 Kan. 246, 52 Pac. 454; Kaphan v. Toney (Tenn. Oh.) 58 S. W. 913; McMonagle v. McGlinn (O. C.) 85 Fed. 91; Ransdel v. Moore, 153 Ind. 393, 53 N. E. 767, 53 L. R. A. 753. Express trusts are those which are cre­ated in express terms in the deed, writing, or will, while implied trusts are those which, with­out being expressed, are deducible from the nature of the transaction, as matters of intent, or which are superinduced upon the transac­tions by operation of law, as matters of equity, independently of the particular intention of the parties. Brown v. Cherry, 56 Barb. (N. Y.) 635.—Imperfect trust. An executory trust, (which see;) and see Executed Trust.—Im­plied trust. A trust raised or created by implication of law; a trust implied or pre­sumed from circumstances. Wilson v. Welles, 79 Minn. 53, 81 N. W. 549; In re Morgan, 34 Hun (N. Y.) 220; Kaphan v. Toney (Tenn. Ch.) 58 S. W. 913; Cone v. Dunham, 59 Conn. 145, 20 Atl. 311, 8 L. R. A. 647; Russell v. Peyton, 4 111. App. • 478.—Involuntary trust. "Involuntary" or "Constructive" trusts embrace all those instances in which a trust is raised by the doctrines of equity, for the pur­pose of working out justice in the most efficient manner, when there is no intention of the parties to create a trust relation and contrary to the intention of the one holding the legal title. This class of trusts may usually be re­ferred to fraud, either actual or constructive, as an essential element. Bank v. Kimball Mill­ing Co., 1 S. D. 388, 47 N. W. 402, 36 Am. St. Rep. 739.—Ministerial trusts. (Also called "instrumental trusts.") Those which de­mand no further exercise of reason or under­standing than every intelligent agent must nec­essarily employ; as to convey an estate. They are a species of special trusts, distinguished from discretionary trusts, which necessarily re­quire much exercise of the understanding. 2 Bouv. Inst. no. 1896.—Naked trust. A dry or passive trust; one which requires no action on the part of the trustee, beyond turning over monev or property to the cestui que trust.— Passive trust. A trust as to which the trus­tee has no active duty to perform. Goodrich v. Milwaukee, 24 Wis. 429; Perkins v. Brink-ley. 133 N. C. 154. 45 S. E. 542: Holmes v. Walter, 118 Wis. 409. 95 N. W. 380, 62 L. R. A. 986.—Precatory trust. Where words em­ployed in a will or other instrument do not amount to a positive command or to a distinct testamentary disposition, but are terms of en­treaty, request, recommendation, or expectation, they are termed "precatory words," and from such words the law will raise a trust, called a "precatory trust," to carry out the wishes of the testator or grantor. See Bohon v. Barrett, 79 Ky. 378; Hunt v. Hunt, 18 Wash. 14. 50 Pac. 578; Aldrich t. Aldrich, 172 Mass. 101, 51 N. E. 449.—Private trust. One established or created for the benefit of a certain designat-
ed individual or individuals, or a known person or class of persons, clearly identified or ca­pable of identification by the terms of the in­strument creating the trust, as distinguished from trusts for public institutions or charitable uses. See Pennoyer v. Wadhams, 20 Or. 274, 25 Pac. 720, 11 L. R. A. 210; Doyle v. Whalen, 87 Me. 414, 32 Atl. 1022, 31 It R. A. 118; Brooks v. Belfast, 90 Me. 318, 38 Atl. 222. —Proprietary trust. In Scotch law, a na­ked, dry, or passive trust. See supra.—Publio trust. One constituted for the benefit eittier of the public at large or of some considerable portion of it answering a particular description ; to this class belong all trusts for charitable pur­poses, and indeed public trusts and charitable trusts may be considered in general as synony­mous expressions. Lewin, Trusts, 20—Result­ing trust. One that arises by implication of law, or by the operation and construction of equity, and which is established as consonant to the presumed intention of the parties as gathered from the nature of the transaction; as, for example, where one person becomes in­vested with the title to real property under cir­cumstances which in .equity obligate him to hold the title and exercise his ownership for the bene­fit of another, a familiar instance being the case where a man buys land with his own money but has the title put in the name of another. See Sanders v. Steele, 124 Ala. 415. 26 South. 882; Dorman v. Dorman, 187 111. 154, 58 N. E. 235, 79 Am. St. Rep. 210; Aborn-v. Searles, 18 R. I. 357, 27 Atl. 796; Fulton v. Jansen, 99 Cal. 587, 34 Pac. 331; Western Union Tel. Co. v. Shepard, 169 N. Y. 170, 62 N. E. 154, 58 L. R A. 115—Secret trusts. Where a testator gives property to a person, on a verbal promise by the legatee or devisee that he will hold it in trust for another person, this is called a "secret trust." Sweet.—Shifting trust. An express trust which is so settled that it may operate in favor of beneficiaries additional to, or substituted for, those first named* upon speci­fied contingencies. Civ. Code Ga. 1895, § 3154. —Simple trust. A simple trust corresponds with the ancient use, and is where property is simply vested in one person for the use of an­other, and the nature of the trust, not being qualified by the settler, is left to the construc­tion of law. It differs from a special trust. Perkins v. Brinkley, 133 N. C. 154. 45 S. E. 541; Cone v. Dunham, 59 Conn. 145. 20 Atl. 311, 8 L. R. A. 647; Dodson v. Ball, 60 Pa. 500, 100 Am. Dec. 586—Special trust. Where the machinery of a trust is introduced for the execution of some purpose particularly pointed out, and the trustee is not a mere pas­sive depositary of the estate, but is called upon to exert himself actively in the execution of the settlor's intention; as, where a conveyance is to trustees upon trust to sell for payment of debts. Special trusts have been divided into* (1) ministerial (or instrumental) and (2) discre­tionary. The former, such as demand no fur­ther exercise of reason or understanding than every intelligent agent must necessarily employ; the latter, such as cannot be duly administered without the application of a certain degree of prudence and judgment. 2 Bouv. Inst no. 1890; Perkins v. Brinkley, 133 N. C. 154, 45 S. E. 541; Flagg v. Ely, 1 Edm. Sel. Cas. (N. Y.) 209; Freer v. Lake, 115 111. 662, 4 N. E. 512; Dodson v. Ball, 60 Pa. 496, 100 Am. Dec. 586.—Spendthrift trust. See Spendthrift. —Transgressive trust. A name sometimes applied to a trust which transgresses or violate* the rule against perpetuities. See Pulitzer v. Livingston, 89 Me. 359, 36 Atl. 635.—Trust company. A corporation formed for the pur­pose of taking, accepting, and executing all such trusts as may be lawfully committed to-it, and acting as testamentary trustee, trustee under deeds of settlement or for married women, executor, guardian, etc. To these functions are sometimes (but not necessarily) added the busi­ness of acting as fiscal agent for corporations^


attending to the registration and transfer of their stock and bonds, serving as trustee for their bond or mortgage creditors, and transact­ing a general banking and loan business. See Venner v. Farmers' L. & T. Co., 54 App. Div. 271, 66 N. Y. Supp. 773; Jenkins v. Neff, 163 N. Y. 320, 57 N. E. 408; Mercantile Nat. Bank v. New York, 121 U. S. 138, 7 Sup. Ct. 826, 30 L. Ed. 895.—Trust-deed. (1) A species of mortgage given to a trustee for the purpose of securing a numerous class of creditors, as the bondholders of a railroad corporation, with pow­er to foreclose and sell on failure of the pay­ment of their bonds, notes, or other claims. (2) In some of the states, and in the District of Columbia, a trust-deed is a security resem­bling a mortgage, being a conveyance of lands to trustees to secure the payment of a debt, with a power of sale upon default, and upon a trust to apply the net proceeds to paying the debt and to turn over the surplus to the gran­tor.—Trust estate. This term may mean ei­ther the estate of the trustee,—that is, the legal title,—or the estate of the beneficiary, or the corpus of the property which is the subject of the trust. See Cooper v. Cooper, 5 N. J. Eq. 9; Farmers' L. &-T. Co. v. Carroll, 5 Barb. (N. Y.) 643—Trust ex maleficio. A species of constructive trust arising out ot some tiaud, misconduct, or breach of faith on the part of the person to be charged as trustee, which ren­ders it an equitable necessity that a trust should be implied. See Rogers v. Richards, 67 Kan. 706, 74 Pac. 255; Kent v. Dean, 128 Ala. 600, 30 South. 543; Barry v. Hill, 166 Pa. 344, 31 Atl. 126.—Trust fund. A fund held by a trustee for the specific purposes of the trust; in a more general sense, a fund which, legally or equitably, is subject to be devoted to a par­ticular purpose and cannot or should not be diverted therefrom. In this sense it is often said that the capital and other property of a corporation is a "trust fund" for the payment of itsv debts. See Henderson v. Indiana Trust Co., 143 Ind. 561, 40 N. E. 516; In re Beard's Estate, 7 Wyo. 104, 50 Pac. 226, 38 D. R, A. 860, 75 Am. St. Rep. 882.—Trust in invitum. A constructive trust imposed by equity, con­trary to the trustee's intention and will, upon property in his hands. Sanford v. Hamner, 115 Ala. 406, 22 South. 117.—Voluntary trust. An obligation arising out of a personal con­fidence reposed in, and voluntarily accepted by, one for the benefit of another, as distinguished from an "involuntary" trust, which is created by operation of law. Civ. Code Cal. §§ 2216, 2217. According to another use of the term, "voluntary" trusts are such as are made in favor of a volunteer, that is, a person who gives nothing in exchange for the trust, but receives it as a pure gift; and in this use the term is distinguished from "trusts for value," the latter being such as are in favor of pur­chasers, mortgagees, etc.
2. In constitutional and statutory law. An association or organization of persons or corporations having the Intention and power, or the tendency, to create a mo­nopoly, control production, interfere with the free course of trade or transportation, or to fix and regulate the supply and the price of commodities. In the history of economic development, the "trust" was originally a device by which several corporations engag­ed in the same general line of business might combine for their mutual advantage, in the direction of eliminating destructive competition, controlling the output of their commodity, and regulating and maintaining its price, but at the same time preserving their separate individual existence, and with-
out any consolidation or merger. This de­vice was the erection of a central committee or board, composed, perhaps, of the presi­dents or general managers of the different corporations, and the transfer to them of a majority of the stock in each of the corpo­rations, to be held "in trust" for the sev­eral stockholders so assigning ;their holdings. These stockholders received In return "trust certificates" showing that they were entitled to receive the dividends on their assigned stock, though the voting power of it had passed to the trustees. This last feature enabled the trustees or committee to elect all the directors of all the corporations, and through them the officers, and thereby to ex­ercise an absolutely controlling influence over the policy and operations of each con­stituent company, to the ends and with the purposes above mentioned. Though the "trust," in this sense, is now seldom if ever resorted to as a form of corporate organiza­tion, having given place to the "holding cor­poration" and other devices, the word has become current In statute laws as well as popular speech, to designate almost any form of combination of a monopolistic character or tendency See Black, Const. Law (3d Ed.) p. 428; Northern Securities Co. v. U. S., 193 U. S. 197, 24 Sup. Ct. 436, 48 L. Ed. 679; MacGinniss v. Mining Co., 29 Mont. 428, 75 Pac. 89; State v. Continental Tobacco Co., 177 Mo. 1, 75 S. W. 737; Queen Ins. Co. v. State, 86 Tex. 250, 24 S. W. 397, 22 L. R. A. 483; State v. Insurance Co., 152 Mo. 1, 52 S. W. 595, 45 L. .R. A. 363; Gen. St. Kan. 1901, § 7864; Code Miss. 1892, § 4437; Cob-bey's Ann. St. Neb. 1903, § 11500; Bates' Ann. St. Ohio, 1904, § 4427; Code Tex. 1895, art 976.
TRUSTEE. The person appointed, or required by law, to execute a trust; one in whom an estate, interest, or power is vested, under an express or implied agreement to administer or exercise it for the benefit or to the use of another.
"Trustee" is also used in a wide and per­haps inaccurate sense, to denote that a per­son has the duty of carrying out a transac­tion, In which he and another person are in­terested, in such manner as will be most for the benefit of the latter, and not in such a way that he himself might be tempted, for the sake of his personal advantage, to neg­lect the interests of the other. In this sense, directors of companies are said to be "trus­tees for the shareholders." Sweet.
—Conventional trustee. A "conventional" trustee is one appointed by a decree of court to execute a trust, as distinguished from one appointed by the instrument creating the trust. Gilbert v. Kolb, 85 Md. 627, 37 Atl. 423.—Joint trustees. Two or more persons who are in­trusted with property for the benefit of one or more others.—Quasi trustee. A person who reaps a benefit from a breach of trust, and so becomes answerable as a trustee. Lewin, Trusts (4th Ed.) 592, 638.—Testamentary trustee. A trustee appointed by or acting un-


der a will; one appointed to carry out a trust created by a will. The term does not ordinarily include an executor or an administrator with the will annexed, or a guardian, though all of these are in a sense trustees, except when they act in the execution of a trust created by the will and which is separable from their functions as executors, etc. See In re Haz­ard, 51 Hun, 201, 4 N. Y. Supp. 701; In re Valentine's Estate, 1 Misc. Rep. 491, 23 N. Y. Supp. 289; In re Hawley, 104 N. Y. 250, 10 N. E. 352.—Trustee acts. The statutes 13 & 14 Vict c. 60, passed in 1850, and 15 & 16 Vict. c. 55, passed in 1852, enabling the court of chancery, without bill filed, to appoint new trustees in lieu of any who, on account of death, lunacy, absence, or otherwise, are unable or unwilling to act as such; and also to make vesting orders by which legal estates and rights may be transferred from the old trustee or trustees to the new trustee or trustees so appointed. Mozley & Whitley—Trustee ex maleficio. A person who, being guilty of wrongful or fraudulent conduct, is held by equity to the duty and liability of a trustee, in relation to the subject-matter, to prevent him from profiting by his own wrong.—Trustee in bankruptcy. A trustee in bankruptcy is a person in whom the property of a bankrupt is vested in trust for the creditors.—Trustee pro­cess. The name given, in the New England states, to the process of garnishment or for­eign attachment.—Trustee relief acts. The statute 30 & 11 Vict. c. 96, passed in 1847, and statute 12 & 13 Vict. c. 74, passed in 1849, by which a trustee is enabled to pay money into court, in cases where a difficulty arises respect­ing the title to the trust fund. Mozley & Whit­ley.
TRUSTER. In Scotch law. The maker or creator of a trust
TRUSTIS. In old European law. Trust; faith; confidence; fidelity.
TRUSTOR. A word occasionally, though rarely, used as a designation of the creator, donor, or founder of a trust
TRY. To examine judicially; to examine and investigate a controversy, by the legal method called "trial," for the purpose of de­termining the issues it involves.
TUAS RES TIBI HABETO. Lat Have or take your things to yourself. The form of words by which, according to the old Ro­man law, a man divorced his wife. Calvin.
TUB. In mercantile law. A measure con­taining sixty pounds of tea, and from fifty-six to eighty-six pounds of camphor. Jacob.
TUB-MAN. In English law. A barrister who has a preaudience in the exchequer, and also one who has a particular place in court, is so called. Brown.
TUCHAS. In Spanish law. Objections or exceptions to witnesses. White, New Re-cop. b. 3, tit 7, c 10.
TUERTO. In Spanish law. Tort Las Partidas, pt 7, tit 6, L 5.
TUG. A steam vessel built for towing; synonymous with "tow-boat."
TULLIANUM. Lat. In Roman law. That part of a prison which was under ground. Supposed to be so called from Servius Tullius, who built that part of the first prison in Rome. Adams, Rom. Ant 290.
TUMBREL. A castigatory, trebucket, or ducking-stool, anciently used as a punish­ment for common scolds.
TUMULTUOUS PETITIONING. Un­der St 13 Car. II. St. 1, c. 5, this was a misdemeanor, and consisted in more than twenty persons signing any petition to the crown or either house of parliament for the alteration of matters established by law in church or state, unless tlje contents thereof had been approved by three justices, or the majority of the. grand jury at assizes or quarter sessions. No petition could be de­livered by more than ten persons. 4 Bl. Comm. 147; Mozley & Whitley.
TUN. A measure of wine or oil, con­taining four hogsheads.
TUNGREVE. A town-reeve or bailiff. Cowell.
TURBA. Lat In the civil law. A mul­titude; a crowd or mob; a tumultuous as­sembly of persons. Said to consist of ten or fifteen, at the least. Calvin.
TURBARY. Turbary, or common of tur­bary, is the right or liberty of digging turf upon another man's ground. Brown.
TURN, or TOURN. The great court-leet of the county, as the old county court was the court-baron. Of this the sheriff is judge, and the court is incident to his office; where­fore it is called the "sheriff's tourn;" and it had its name originally from the sheriff making a turn of circuit about his shire, and holding this court in each respective hun­dred. Wharton.
TURNED TO A RIGHT. This phrase means that a person whose estate is divested by usurpation cannot expel the possessor by mere entry, but must have recourse to an action, either possessory or droitural. Moz­ley & Whitley.
TURNKEY. A person, under the super­intendence of a jailer, who has the charge of the keys of the prison, for the purpose of opening and fastening the doors.
TURNPIKE. A gate set across a road, to stop travelers and carriages until toll is paid for the privilege of passage thereon.
—Turnpike roads. These are roads on which parties have by law a right to erect gates and


bars, for the purpose of taking toll, and of re­fusing the permission to pass along them to all persons who refuse to pay. Northam 'Bridge Co. v. London Ry. Co., 6 Mees. & W. 428. A turn­pike road is a public highway, established by public authority for public use, and is to be re­garded as a public easement, and not as pri­vate property. The only difference between this and a common highway is that, instead of be­ing made at the public expense in the first in­stance, it is authorized and laid out by public authority, and made at the expense of individ­uals in the first instance; and the cost of con­struction and maintenance is reimbursed by a toll, levied by public authority for the purpose. Com. v. Wilkinson, 16 Pick. (Mass.) 175, 26 Am. Dec. 654.
TURPIS. Lat In the civil law. Base; mean; vile; disgraceful; infamous; unlaw­ful. Applied both to things and persons.
—Turpis causa. A base cause; a vile or im­moral consideration ; a consideration which, on account of its immorality, is not allowed by law to be sufficient either to support a contract or found an action; e. g., future illicit intercourse. —Turpis contractus. An immoral or iniqui­tous contract
Turpis est pars quae non convenit cum suo toto. The part which does not agree with its whole is of mean account, [entitled to small or no consideration.] Plowd. 101; Shep. Touch. 87.
TURPITUDE. Everything done contrary to justice, honesty, modesty, or good morals Is said to be done with turpitude.
TURPITUDO. Lat Baseness; infamy; immorality; turpitude.
Tuta est custodia quse sibimet cre­ditor. Hob. 340. That guardianship is se­cure which is intrusted to itself alone.
TUTELA. Lat In the civil law. Tu­telage; that species of guardianship which continued to the age of puberty; the guard­ian being called "tutor," and the ward, "ptt-pillus." 1 Dom. Civil Law, b. 2, tit. 1, p. 260.
—Tutela legitima. Legal tutelage; tutelage created by act of law, as where none had been created by testament. Inst. 1, 15, pr.—Tutela testamentaria. Testamentary tutelage or guardianship; that kind of tutelage which was created by will. Calvin.
TUTEIiJB ACTIO. Lat. In the civil law. An action of tutelage; an action which lay for a ward or pupil, on the termination of tutelage, against the tutor or guardian, to compel an account Calvin.
TUTELAGE. Guardianship; state of be­ing under a guardian.
TUTELAM REDDERE. Lat. In the civil law. To render an account of tutelage. Calvin. Tutelam reposcere, to demand an account of tutelage.
TUTEUR. In French law. A kind of guardian.
—Tuteur officieux. A person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the_ consent of the parents of such child, or, in their default, the conseil de famiUe. The duties which such a tutor becomes subject to are analo­gous to those in English law of a person who puts himself in loco •parentis to any one. Brown.—Tuteur subroge. The title or a sec­ond guardian appointed for an infant under guardianship. His functions are exercised in case the interests of the infant and his prin­cipal guardian conflict Code Nap. 420; Brown.
Tutius erratur ex parte mitiore. 3
Inst. 220. It is safer to err on the gentler side.
Tutius semper est errare acquietando, quam in puniendo, ex parte misericor-dise quam ex parte justitiae. It is always safer to err in acquitting than punishing, on the side of mercy than on the side of justice. Branch, Princ.; 2 Hale, P. C. 290; Broom, Max. 326; Com. v. York, 9 Mete. (Mass.) 116, 43 Am. Dec. 373.
TUTOR. In the civil law. This term corresponds nearly to "guardian," (i. e., a person appointed to have the care of tne person of a minor and the administration of his estate,) except that the guardian of a minor who has passed a certain age is called "curator," and has powers and duties differing somewhat from those of a tutor.
By the laws of Louisiana, minors under the age of fourteen years, if males, and un­der the age of twelve years, if females, are, both as to their persons and their estates, placed under the authority of a tutor. Above that age, and until their majority or eman­cipation, they are placed under the author­ity of a curator. Civ. Code La. 1838, art 263.
—Tutor alienus. In English law. The name given to a stranger who enters upon the lands of an infant within the age of fourteen, and takes the profits. Co. Litt. 896, 90a.—Tutor proprius. The name given to one who js rightly a guardian in socage, in contradistinction to a tutor alienus.
TUTORSHIP. The office and power of a tutor.
—Tutorship by nature. After the dissolu­tion of marriage by the death of either husband or wife, the tutorship of minor children belongs of right to the surviving mother or father. This is what is called "tutorship by nature." Civ. Code La. art. 250.—Tutorship by will. The" right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. This is call­ed "tutorship by will," because generally it is given by testament; but it may likewise be given by any declaration by the surviving father or mother, executed before a notary and two witnesses. Civ. Code La. art. 257.
TUTRIX. A female tutor.
TWA NIGHT GEST. In Saxon law. A guest on the second night By the laws of


Edward the Confessor it was provided that a man who lodged at an inn, or at the house of another, should be considered, on the first night of his being there, a stranger, (uncuth;) on the second night, a guest; on the third night, a member of the family. This had reference to the responsibility of the host or entertainer for offenses committed by the guest
TWELFHINDI. The highest rank of men in the Saxon government, who were valued at 1200s. If any injury were done to such persons, satisfaction was to be made according to their worth. Cowell.
TWELVE TABLES. The earliest stat­ute or code of Roman law, framed by a com­mission of ten men, B. C. 450, upon the re­turn of a commission of three who had been sent abroad to study foreign laws and insti­tutions. The Twelve Tables consisted partly of laws transcribed from the institutions of other nations, partly of such as were altered and accommodated to the manners of the Romans, partly of new provisions, and main­ly, perhaps, of laws and usages under their ancient kings. They formed the source and foundation for the whole later development of Roman jurisprudence. They exist now only in fragmentary form. See 1 Kent, Comm. 520.
TWELVE-DAY WRIT. A writ issued under the St. 18 & 19 Vict c. 67, for sum­mary procedure on bills of exchange and promissory notes, abolished by rule of court In 1880. Wharton.
TWELVE-MONTH, in the singular num­ber, includes all the year; but twelve months are to be computed according to twenty-eight days for every month. 6 Coke, 62.
TWICE IN JEOPARDY. See Jeop-abdt; Once in Jeopabdx.
TWYHINDI. The lower order of Sax­ons, valued at 200s. in the scale of pecuniary mulcts inflicted for crimes. Cowell.
TYBURN TICKET. A certificate which was given to the prosecutor of a felon to conviction.
TYHTLAN. In Saxon law. An accusa* tion, impeachment, or charge of any offense.
TYIiWITH. Brit. A tribe or family branching or issuing out of another. Cowell.
TYMBRELLA. In old English law, a tumbrel, castigatory, or ducking stool, an­ciently used as an instrument of punishment for common scolds.
TYRANNY. Arbitrary or despotic gov­ernment; the severe and autocratic exercise of sovereign power, either vested constitu­tionally in one ruler, or usurped by him by breaking down the division and distribution of governmental powers.
TYRANT. A despot; a sovereign or rul­er, legitimate or otherwise, who uses his power unjustly and arbitrarily, to the op­pression of his subjects.
TYROTOXICON. In medical jurispru­dence. A poisonous ptomaine produced in milk, cheese, cream, or ice-cream by decom­position of albuminous constituents.
TYRRA, or TOIRA. A mount or hill. Cowell.
TYTHE. Tithe, or tenth part
TYTHING. A company of ten; a dis­trict; a tenth part See Tithing.
TZAR, TZARINA. The emperor and empress of Russia. See Czab.

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