black's law 1st edition - sec. t

8/8/2019 Black's Law 1st Edition - Sec. T

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T- 1148 TAONT.o T. As ao abbreviation, this letter usuallystands for either " Territory," "Trinity,"

"term," "tempore," (in the t'ime Oft) or"ti l le . "P Every person who was convicted or felony,sl10rt of murder. and admitted to the benefitof cl ergy, was at one time marked with thisletter upon the brawn of the thumb. Thepractice is abolisb f>d. 7 & 8 Geo. IV. c. 27.Q By a law of tile Province of Pennsylvania,A. n. 1 6 9 ~ . i t was provided that a convictedthief should wear a lJadge in the form of theletter "T.," upon his left sleeve. which badgeshould be at least (OUI' inches long and of aR color di fferent from that of his ou ter garment. Linn, Laws Provo Pa . 275.T . R . E. An abbreviation of "Tempo1'eRegis .B:dwardi," (in th e time of King EdS wanI.) of common occurrence in Domesday,wllen the valuation of manors, as it was in

the time of Edward the Confessor, is recounted. Cowell.T TABARD. A short gown; a berald'scoat; a surcoat .

TABARDER. One who wears a tabardor short gown; the name is still used as thetitle of certain bachelors of arts on the oldf O l 1 n d ~ ~ t i o n of Queen's College, OXfOld. Ene.Land .

TABELLA. Lat. In Roman law . .A.tablet. Used in voting. and in giving theverdict of juries; a.nd, when written upon.commonly translated "ballot." The lawswhich introduced anel regulated the mode ofvoti ng by ballot were called II leges tabella1'ia:. "Calvin.; 1 Kent, Comm. 232, note .

TABELLIO. In Roman law. An officercorresponding in some respects to a notary.Ilis business was to draw legal instruments,(contracts. wills, etc ) and witness their ex ecntion. Calvin.

TABERNACULUM. Inoldrecords- Apublic inn, or house of 'entertainment.Cowell.

TABERNARIUS . Lat. In the civillaw. A. shop-keeper. Dig. 14,3,5 ,7 .In old English law. A taverner or

tavern-keeper. Fleta, Jib. 2. c. 12, 17.TABLE. A. s.ynopsis or condensed s tate

ment. bringing together numerous items or

details 80 as to be comprehended tn !\ sin.gle view; as genealogical tables. exhibitingthe names and relationships of all the .persons com posing a family; life and annuitytables, used by actuaries; interest tables, etc.

TABLE DE MARBRE. Fr. In oldFrench law. Table of Marble; 8 principalseat of tile admiralty. 80 called. TheseTables de Marbre are frequently mentionellin the Ordonnance of the Marine. Burrill.

TABLE OF CASES. An alphabetical listof the adjudged cases cited. referred to, ordigested in a legal text .book, volume of reports, or digest, with references to the sections. pages, or paragraphS where they are re-spectively cited, etc., which is commonlyei ther prefixed or appended to the vol ume.

TABLE RENTS. In English la w. Payments which used to be made to bisilOPS, etc reserved an d appropriated to their table orhouse-keeping. Wharton.

TABLEAU OF DISTRIBUTION. InLouisiana. A list of creditors of an insol ven t estate, stating what each is entitled to.4 Mart. (N . S. ) 535.

TABULA. Lat. In the civil law. Atable or tablet; 8 thin sheet of wood, which,when covered with wax, was used for writing.

TABULA IN NAUFRAGIO. L.t. Aplank in a shipwrec]c This phrase is uSf'dmetaphorically to deSignate the power subsisti ng in a third mortgagee, who took withou t no tice of the second mOl'tgage. to a c q u i ~ ' e tIle first incumbrance, at tach it to his own,and thus squeeze ou t and get satisfaction, before the second is admitted to the fund. 1Story, Eq. Jur. 414; 2 Ves. Oh . 573.

TABULlE. Lat . In Roman law. Tables. 'Writings of any kind used as evidences of a transaction. Brissonius.

TABULE NUPTIALES. In the civillaw. A written record of a marriage; or theagreement as to the dos.

TABULARIUS. Lat. A notary, 01 tabellio. Calvin.TAC, TAR. In old records. A kind or

customary payment lly a tenant . Cowell.


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TAC FREE IlJ9 ~ TAIL. ESTATE INTAC FREE. In old records. Free from

the common duty or imposition of tac. Cow-el l

TACIT. Silent ; not expressed; impliedor inferred; manifested by the refrainingfrom contradiction or objection: in ferredfrom the situation an d circumstances. in theabsence of express matter. Thus, tacit conBent is consent inferred from the fact thatthe party kept silence when be bad an opportunity to forbid br refuse.

TACIT LAW. A law which derives itsauthority from the common consent of th epeople without any legislative enactment. 1BOllv. lust. no. 120.

TACIT MORTGAGE. In the law ofLouisiana. Th e law alone in certain casesgives to the creditor a mortgage on the property of his debtor, without i t being requisitethat the parties should stipUlate it . This iscalled ulegal mortgage." It is called also"tacit mortgage," because i t is establishedby the law without the aid of any agreement.Clvii Code La. art . 3311.

TACIT RELOCATION. S c o t c ~ l a w . The tacit or implied renewal of a lease. intt!rrrd when the landlord, instead of wam-illg 3 tl}n3Dt to remove at the stipulated expiration of the lease. has allowed him tocontinue without m < ~ k i l l g a new agreement.Bell. II Relocation."

TACIT TACK. In Scotch law. An implied tack or lease : inferred from a tacks-man's possessing peaceably after his tack isexpired. 1 Forb. In st. pt. 2. p. 153.

Tacita. quredam habentul' pro expres-sis. 8 Coke, 40. Things unexpressed aresometimes considered as expressed.

TACITE. Lat. Silently; impliedly: tac-Itly.TACITURNITY. In Scotcb law. this

lignifies laches in not prosecuting a legalclaim, or in acquiescing in an adverse one.Mozley ...% WhiLley.TACK, c. To annex some junior Hen toa firl;)t lien. thereby acqUiring priority over

an intermediate one.TACK. n. In Scotch law . A term cor

responding to the English" lease," and denoting tILe same species of contract.

TACK DUTY. Rent reserved. upon alease.

TACKING. The un ittng securities gh .en at different times, so as to pre ... ent B!lYintermediate purchaser from claiming a titleto redeem or otherwisft discharge one lien,which is pr ior , wilbout redeeming or dis-charging the other liens also, which are subsequent to bis own title. 1 Story, Eq. Jur. 412.

The term is parLicularly applied to thf' action of a third mortgagee who, by buying thefirst lien nnd uniting it to bis own, g ~ t s pri.ority over th e second mortgagee.

TACKSMAN. In Scotch law. A tenantor lessee; one to whom a tack is granted. 1Forb. Inst. pt . 2. p. 153.

T A CT I S SACROSANCTIS. In oldEnglish law. Touching the holy evang t'lists. Fleta. lib. 3. c. 1G. 21. "A bishopmay swear visis e1Jangelii!J, [looking at tileGospels,] and no t tactis, and it is goodenough.

lI Freem . 133.TACTO PER SE SANCTO EVAN-GELIO. HaVing personally touched th eholy Gospel. Cro. Eliz. 105. T ~ e descrip.tion of it corporal oath.

TAIL. Limited; abridged; reduced; curtailed, as a fee or estate in fee. to a certninorder of succession. or to certain beirs .TA IL AFTER POSSIBILITY OF

ISSUE EXTINCT. A speci. . of estatetail which arises wbereonr is tenant in specialtail, amI a per::lon from whose body th r issuewas to spring dies without issue, or , havingleft issue, that issue becomes extinct. Ineither of these cases th e surviving tenant inspecial tail becomes" tenant in tail after possibilityof issue extinct." 2 BI. Coru m. 124.

T A I L. ESTATE IN. An est"te o!inheritance, which, instead of descendingto heirs generally. goes to th e heirs of thedonee's body, which means his lawful issue,his children. and thrllugh them to his grand-children in a direct line. so long as his posterity ellllul"{'s in a l"('gulal" order and courseof descellt. and upon the deaLh of the firstowner withuut issue, the estate dettlrmines.1 'Vashu. H ~ < l l Prop. *72.

An estate tail is a freehold of inheritance,limited to a pI'l't;on and the )wirs of his botly,general or sp


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TAIL FEMALE 1150 TAKE UP[on over to 8 third person on default1 descendants. when i t vests in such rson or remainderrnan . Wharton.L FEMALE. Wh en lands are givenIrson and the female heirs of bi s ordy. this is called an "estate tail," and the male heirs are not capable~ r j t i n g i t.L GENERAL. An estate in tail:l to one "and th e beirs of his botlym," which is called Htail general"! , how often soever such donee in tailried. his issue in general by all an duch marriage is . in sl1ccessive order.I of inheriting the estate tail per for.Ion;. 2 Bl. Comm. 113.s where an estate is limited to a man and'9 of his body, without any restriction ataccording to some authorities, with no'estriction than that in relation to sex.~ i l male general is th e same thing as tallhe word "g enera l, " in such case, implyingIr e is no other restriction upon th e descentstate tha.n that it must go in tho male line.'Late in tall fema.le general is an estate in.ale. The word "general," in the ph rase,es a purely negative idea, and may denote"nee ot any restriction, or the absence ofivan restriction which is tacitly uuderMozlev & Whitley.:L MALE. When la.nds are gi ven to)0 and the male heirs of his or herbis is called an .. estate tail male," and[lale heirs are not capable of inheritingIL SPEC IAL . An estate in tailth e succession is restricted to certainf the donee's body. and does not go tothem in general; e. g . where landsnements are gi ven to a man and II theI f bis body on Mary. his now wife. to'otten;" here no issue can inherit bu tpecial issue as is engendered betweenjWO. not such as the husband may)y another wife. and therefore it Is"special tail." 2 Bl. Comm. 113.letlned by Cowell as th e limitation of landsements to a man and bis wife a.nd th e boirs. two bodies. Bu t th e phrase need not be:itrieted. 'fail special, in it s largest sense,a th e gift is restrained to certa.in heirs ofor's body, and does not go to al l of them in. Mozley & Whitley.I LAG E . A piece cut out of th ea share of one's substance paid bytribute; a toll or tax. Cowell.

:LLE. Fr. In old French law. Aassessment levied by the king, or by

any great lord, upon his subjects. usuallytaking the form of an imposition upon theowners of real estate. BrandeIn old English law. The fee which isopposed to fee-simple, because it is 80 minced

or pared that it is not in the owner's freepower to dispose of it. bu t i t is, by the firstgiver. cut or divided from al l other. an d tiedto th e issue of the donee,-in ahart, an estate-tail. Wharton.

TAILZIE. In Scotoh law. An entail.A tailzied fee is that which the owner, byexercising his inherent right of di spos ing ofhis property. settles upon others than thoseto whom i t would have descended by Inw.1 Forb . Inst. pt . 2, p. 101.

TAINT. A. can viction of felony, or thepersall so can victed. Cowell.TAKE. 1. To lay hold of; to gai n or re-ceive into possession; to seize; to deprive one

of the possession of ; to ~ ~ s s u m e ownership.Thus. it is a constitutional provision that aman's property shall not be taken for public uses without just compensation. 9 Ind.433.

To obtain 01 ' assume possession of achattel unlawfully, and without the owner'sconsent; to appropriate things to one's ownuse with fel onious intent. Thus, an actualtaMng is essential to constitute larceny, 4:HI. Comm.430.3. To seize or appre.hend a person ; to arrestthe body of a person by virtue of lawfulprocess. Thus. a capias Cl')mmands the officer to take the body of tbe df'fendant.4. To acquire the title to nil estate; to re.ceive an estate in lands from another person by virtue of some species of title. Thus,one is said to .. take by purchase." "tahe bydescent," "talle a life-interest under the devise. It etc.5. To receive the verdict of a jury; to superintend the delivery of a verdict; to hold acourt. The commission of assize in Englandempowers the judges to tuke the a:isizes;that is, according to its ancient meaning, totake the verdict of a peculiar species of jurycalled an "asRize;" but, in its present meaning, u to bold the assizes." 3 HI. Camm. 59,185.

TAKE UP. A party to a negotiable iustrument, particularly an intlorser or acceptor, is said to "take up" the paper, or to "retire" it, when be paya it s amount, 01' substitutes other s('curity for it, and receives itagain into his own handa.

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TAKEB 1151 TALLY TRADE'l.'AKER. One who takes or acquires;particularly. one who takes an estate by de

vise. When an estate is granted subject toa remainder or executory devise. th e deviseeof the im mediate interest is called the" firsttaker. ItTAKING. In criminal law and tort-a.The act at layIng hold upon an article. with

or without removing the same.TALE. In old pleading. The plaintiff'scount. declaration, or narrative of bis case.8 Bl. Corum. 293.The count or counting of money. Said tobe derived from the same root as "tally,"Cowell. W hence also the modern word" tell-er."TALES. Lat. Such; such men. When,by means of challenges or a.ny other cause, alufficient number of unexceptionable jl1fors

does not appear at the trial, either party maypray a "tales. I as i t is termed ; that is, a sup-ply of such men as are summoned on the firstpanel in order to make up the deficiency.Brown.

TALES DE CIRCUMSTANTIBUS.So many of the by-standers. The emphaticwords 01' th e old writ a warded. to th e sheriffto make up u dl'ficiency of jurors ou t of thepersons present in court. 3 131. Corum. 365.

TALESMAN. A person summoned toact as a juror from among Lhe by-standel's inthe court.

TALlO. Lat. In the civil law. Like forlike: puoishmrnt in th e same kind; the pun-ishment of an injury by an act of the samekimI, as an eye for an eye, a limb fo r a limb.etc. Calvin.

Talis interpretatio semper fienda est,at evitetur a.bsurdum at inconveniens.et ne judicium sit illusorium. 1 Coke,52. Interpretation is always to be made insuch a munner that what is absurd and inconvenient lllay be avoided. and the jUdgment be llot illusory.

Talis non est eadem; nam nullumSimile est idem. 4 Coke, 18. 'Vhat is like\s not tho same; for nothing similar is theBame.

Talis res, vel tale rectum, qure velquod non est in homine udtUllC stlper .stite sed tantummodo es t at consisti tin considerations et intelligentia legis,et quod alii dixerunt tale m re m vel~ l e rectum fore in nubibus. Such a

thing or such a right as is no t vested in aperson then living, bu t merely exists in theconsideration and contemplation of la w [13sa id to bH in abeyance.] and others have saidtliat slich a thing or such a rlgbt is I II theclouds. Co. Lilt. 342.

TALITER PROCESSUM EST. Uponpleading th e judgment of an inferior court,the proceedings preliminary to such judg-ment, and on which the same was founded.llluSt, to some extent, appear in th e pleading, bu t the rule is that th ey may be allegedwith a general allegation that "such proceedi ngs were bad." instead of a detailedaccount of the proceedings themselves, andthis general allegation is called the II tal'ite'rp1'ocessum est." .A. like concise mode ofstating former proct- t>dings in a suit isadopted at th e present day in ch ,\ncery proct!edings upon petitions and in actions in thenature of uills of l'flvh'or an d s u p p l ~ m e n t . Brown.

TALLAGE. A word used metaphorically for a sllal'e of a man 's substance paid byway of tribute, toll, or tax, being derivedfrom the French "taUter," which signifiesto cu t a piece out of the whole. Cowell.

TALLAGERS. Tax or Loll gatherers;mentioneu by Chaucer.TALLAGIUM. A term Including all

taxes. 2 lnst. 532.TALLAGIUM FACERE. To give up

accounts in the exchequer, where the methodof accoullting was by tallies.TALLATIO. A keeping account by tallies. Cowell.TALLEY, or TALLY. A stick cut In

to two parts, on each whrreof is marked,with notches or otherwise, what is due betw een debtor and credilor . I t was lhe ancient mode of keeping accuunts. One partwas held by tht! creditor, and the otber bythe debtor. The use of tallies in Lheexcheq.ner was abolished by St. 23 Geo. III. c. 82,and the old Lntof the st ipulated price by certain weekly OJm\Jntllly installments. McCul. Diet.


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TALTARUM'S CASE 11&2 TAVERNN TALTARUM'S CASE . A case reportedin Yeal'b. 12 Edw.IV. 19-21, which Is regarded as having established the foundationof common recoveries.o TAM QUAM. Aphraseusedasthenameof a writ of error from inferior courts. whenthe elTor is supvosed to be as well in givingthe judgment as in awarding execution uponp it. (Tam. in redditione judicii. quam inadjudicatione executionis.)A venire tam quam was olle by which ajury was summoned, as welt to try an issueas to inquire of the damages Oll a default. 2Q Ticld, Pro 722, 895.TAM E . Domesticated; accustomed to

man; reclaimed from a natural s ~ a t e of wildness. In lhe Latin phrase, tame animals ar eR described as domita natu.ra:.

TA.MEN. Lat. NotWithstanding; never-theless; ye t.

S TANGIBLE PROPERTY. Propertywhich may be touched i such as is p e r ~ e p l i b l e to the senses; corporeal property, whetherreal or personal. The phrase is used in opposition to such species of prope as patT ants, franchises. copyrights, rents, ways, andincorporeal property generally.TANISTRY. In old Irish law. A SpE>-cies of tenure. founded on ancient usnge,

which allotted the inheritance of lands. castles, etc to the" oldest an d worthiest manof the deceased's name amI blood." I t wasabolished in the reign of James I. Jacob;Wharton.

TANNERIA. In old English law. Tan-aery; the trade or business of a tanner.Fleta, lib. 2, c. 52, 35.

TANTEO. Span. In Spanish law. Pre-emption. 'Vhite. New Recap. b. 2, tit. 2,c. 3.

TANTO, RIGHT OF. In Mexican law.The right enjoyed by an usufrllctuary ofproperty. of buying the property at Ute sameprice at which the own-ar offers it to anyother person. or is willing to take from an.other. Civil Code Mex. art. 992.

Tantum bona valent. quantum vendipOSBunt. Shep. Touch. 1-12. Goods areworth 80 much as they can be sold for.TAR D E VENIT. Lat. In practice.

The name of a return made by the sheriffto a writ. when it cam@ into his hands toolat.e to be executed before the r e t u r n ~ d a y .

I TARE. A deficiency in the weight atquantity of merchandise by reason of theweight of tbe box, cask, bag, or other receptacle which contains it and is weighed withit. Also an aUo".anee or abatement of a certain weight or quantity which the sellermakes to the buyer, on accou,nt of the weightof such box. cask. etc. See TRET.

TARIFF. A cartel of commE'lrce, a bookof rates, a tdoble or catalogue, drawn usuallyin alpli(f.betical order, contain Lng the namesof several kinds of merchandise, with tileduties or customs to be paid for the same, assettled by authority, or agreed on betweenthe several princes and states that bold commerce together. Enc. Lond.

The list ox: schedule of articles on which aIluty is imposed upon their importation intoLlle United States. with the rates at whidlthey are severally taxed. Also the customor duty payable on such articles . And, derivatively, the system or principle of imposin g duties on the imp0l'tl-ltion of foreign merchandise.

TASSUM. In old English law. A heap;a hay-mow, or h a y ~ s t a c k . Frenum in tassis,hay in stacks. neg. Orig. 96.

TATH . In the counties of Norfolk andSuffolk, the lords of manors ancieutly claimedthe p r i v i l ( ~ g e of having theil' tenants' fioel,sor sheep brought at night upon their owndemesne lands. there to be folded for the improvement of the ground, which liberty wascalled by th e name of the "tath . " Spelman.

TAURI LIBERI LIBERTAS .A. common buH; because he was free to all the tenants within snch a manor, liberLy, etc.

TAUTOLOGY. Describing the Mmething twice in one sentence in equivalentterms; a fault in rhetoric. It differs fromrepetition or iteration. wbich is repeating thesame sentence in the same or equivalentterms; the latter is sometimes either excusable or necessary in an argument or address;the former (tautology) never. 'Vharton.

TAVERN. A place of entertainment; abouse kept up for the accommodation of stran-gers. Original ly, a house for the retailing ofliquors La be dl'unk on the spot. Webster.The word I tavern, "io a charter provision author

izing municipal authorities to "license and regulate taverns, "includes hotels. UTa vern, .. "hotel. "an d "public house" are, in this country, used synonymously; and while they ent.el'tai n the travelingpublic., and keep guests, and r e c e l v ~ compeosationtherefor, they do no t lose t.heir character, thoughtbey ma.y not. b a v ~ t.he privilege of selling liquor.\!Mo. 5tlS.


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TAYERN-KEEPER 1153 TAXTAVERN-KEEPER. One who keeps.tavern. ODe who keeps an ino; an innkeeper.TAVERNER. In old Engllih law. ABeller of wine; one who kept a bouae or shop

tor tb6 sale of wiue.TAX, c. To impose 8 tax: to enact; ordeelare that a pecuniary contribution shall bemade by tbe persons liable, tortha support ofgovernment. Spoken of an individual, to betaxed is to be included in an assessment madetor purposes of taxation.In practice. To assess or determine; toUquidate, adjust, or settle. Spoken particularly of taOling costs. (q.TAX, ft . Taxes are a ratable portion of

the produce of the property and labor of theindividual citizens, taken by tbe nation, inthe exercise of its sovereign rights. for tb esupport of government, for tbe administra.tion of tbe laws, and as the means for con .tinuing in operation the various legitimatefunctions of the state. Black, Tax Titles, 2.Taxes are the enforced proportional contri .bnt-ion of perSOn8 and property, levied Lytheauthority of the state for the support of thegoverument, and for all public needs; porUons of the property of the citizen, demanded and received by the government, to be disposed of to enable it to discharge it s functions. 58 Me. 590.In n 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.

By th e concurrent opinion of lawyers, judges,lexicographers, a.nd political economists, as well asby the general and popular understanding, taxesare burdens or charges imposed by th e legislatureupon persons or property to raise money for publicpurposes, or to accomplish some governmental end.21 Iowa, 28.A ta x is a pecuniary burden, imposed for th e support or government.. 11 Wall 822.

Taxes are classified as direct, which includesthose which are assessed upon the property,person. business, income, etc at those whopay them i and indirect, or those which arelevied. on commodities before they reach theconsumer. and are paid by those upon whomtbey ultlmat.ly fall. not .. taxes. but as partof the market price ofthecommodity. Cooley,Tax'n,6.

A1LDIOT.LAW-73

Synonyms. In a broad sense, taxes undoubtedly include assessments, and the rightto impose assessments has its foundation inthe taxing power of the government; andyet, in practice and as generally understood,there is a broad distinction between the twoterms. .. Taxes." as the term is generallyused, are public burdens imposed generallyupon the inhabitants of the whole state, orupon some civil division thereof, for governmental purposes, without reference to pecnlia r benefits to particular individuals or p l ' O p ~ erty. "Assessments" have reference to impositions for improvements which are speciallybeneficial to particular individuals or property, and which are imposed in proportion tothe particular benefits supposed to be conferred. They are justified only because theimprovements confer special benefits. and arejust only when they are divided in proportionto such benefits. 84 N. Y. 112.A cbarge imposed bylaw upon th e assessed valueof all property. real and personal, in a district, i. atax, and not a.n assessment, although th e purposebe to make a local improvement on a road. 46 Cal.553.

Taxes differ from subsidies, in being certain and orderly. and from forced contributiODS. etc., in that they are levied by auLhorityof law, a.nd by some rule of proportionwhich is intended to insure uniformity of contribution, and a just apportionment of theburdens of government. Cooley. Tax'n.

The words "tax" and "excise," althoughoften used as synonymous. are to be consid4ered as baving entirely distinct and separateSignifications. The former is a charge apportioned either among the wbole people of thel!It.a.te, or those residing wit bin certain districts.municipalities, or sections. I t is requiredto be imposed, as we shall more fully explainhereafter. so that. if levied for the pub:iccharges of government. it shall be shared according to tile estate. real and personal. whicheach person may possessj or, i t raised to defray the cost of some local i m p r o v e m ~ n t of apublic nature, it shall be borne by those whowill receive some special and peculiar benefitor ad vantage which an expenditure of moneytor a public Object may cause to those onwhom thetax is assessed. An excise, on theother hand, is of a different character. I t isbased on Dorule of apportionment or equalitywhatever. It is a fixed. absolute, and directcharge laid on merchandise, products, orcommodities, without any regard to theamount ot property belonging to those onwhom it may fall, or to any supposed relationuetween money expended for a public o b j e ~ t


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TAX-DEED 1154 TAXATIONN a.ud 8 epacial benefit occasioned to those bywhom th e charge i8 to be paid. 11 Allen.274.

TAX-DEED. The conveyance given upono i sale of lande mndo fo r non-payment of taxes ; the deed whereby the officer of the lawundertakes to convey the title of the propria-to r to the purchaser at the tax-sale.P TAX-LEVY. The total su m to be raisedby a tax. Also the hill. enactment, or measnre of leg islation by which an annual or general tax is imposed.

Q TAX-LIEN. A statutory lien. existingin favor of the state or municipality, uponthe lands of a person charged with taxes,bind ing the same eiLher for the taxes assessedup on the specific tract of land or (i n someR urisdictions) for all the taxes du e from theindividual, and which may be foreclosed fornon-payment, by judgment of a court or saleof the land.S TAX-PAYER. A person chargeable witha tax; one from whom government demandsa pecuniary contribution towards its support.

'Vritten ex- TAX-PAYERS' LISTS.hihits required to be made ou t by th e taxpayers resident in a district, enumerating al l

property owned by them and subject totaxation, to be handed to th e assessors, a.t asp ecified date or at regular periods, 85 a basisfor assessment and valuation.

TAX PURCHASER. A person whobuys land at a ta x-sale; the person to whomland, at a tax-sale th ereof. is stru ck down.

TAX-SALE. A Bale of land for unpaidtaxes; a sale of property. by authority of law,for the collection of a tax assessed upon it . orupon it s owner, which remains unpaid.

TAXTITLE. The title by whieh one'c\otds land which he purchased at a tax-sale.That species of title which is inaugurated byIl successful bid fo r land at a collector's saleJ>f the same for non-payment of taxes, cooo{)leted by the failure of those entitled to raJeem within the speCified time, .\Od evidencedby the deed executed to the tax purchaser. orhis aSSignee, by the proper officer.

TAXA. L. Lat. A tax. Spelman.In old records. An allotted piece of work;a task.TAXABLE. Subject to taxation; liableto be assessed. along with others, for a share

In a tax. Persons :iuoject to taxation are

eometlmes calJed lItaxables ;" so propertywhich may be assessed fo r tnxation is said tobe taxable.

Ap plied to costs in an action, the wordmeans proper to be taxed or charged up; le-gally chargeable or Kssessable.

TAXARE. Lat. '1'0 rate or value. Calyi n .To tax; to lay a ta x or tribute. Spelman.In old English practice . , To assess; to

rate or estimate ; to moderate or regUlate anasseSS U'lent or rate.

TAXATI. In old European law. Soldiersof a garrison or fleet . assigned to a cer tainstation. Spelman.

TAXATIO . Lat. In Roman law. Taxation or assessment of damages; th e assessment, by the judge, of the amount of damages to be awarded to a plaintiff. and particularly in the way of reducing the amountclaimed or sworn to by the laLter.TAXATIO ECCLESIASTICA. The

valuation of ecclesiastical benefices miu.lethrough every diocese in England. on occasion of Pope Innocent IV. grantillg LO Kil lgHenry 111. the ttmth of all spirituals for threeyears . This laxation was first matle byWalter, bishop of Norwich, delegated by thepope to this office in 38 Hen. IlL. and hencecalled H1'axatio NOTwicencis." I t is alsocalled !lPope Innocent's Valor." Wharton.TAXATIO EXPENSARUM. In oldEnglish practice. Taxation of COAtS.

TAXATIO NORWICENSIS. A valuation of ecclesiC\stical benefices made t hroughevery diocese in England, by Walter, bishopof Norwich, delegated by the pope to thisoffice in Hen. III. Cowell.

TAXATION . The imposition of a tax;the ac t or process of imposing and levyil1g apecuniary charge or enforced contribution,ratable, or proportioned to value or someother standard, upon persons or property. byor on behalf of a government or one of itedivisions or agencies, for the purpose of providing revenue for the maintenance and ex.penses of govornment.

The term" taxation, "both in common pnl"lanceand in the laws of th e severa l states. has been ordinarily used, no t to express the idea of the sovereign power which is exercised, bu t th e ex.erciSE:of that power for a particular purpose, viz., toraise a revenue fo r th e general an d ordinary expenses of th e government, whether it be the state,county. town, or city governmenL Bu t there bano the r class of expenses, also of a publio nature,necessary to be providcd for, peculiar to the local


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TAXATION 1155 TEGULAgovernment of counties. cities. towns, and evensmaller subdivisions, sucb as opening, grading,improving In 'f'arious ways, and repairing, highways and streets, and constructing sewers in citlCS, and canals and ditcbefi for the purpose ofdrainage in th e country. 'l'bey ar e generally ofpeculiar local benefit. These burdens have alwa.ys, in every state, from Its first 8 e t t l e m e n ~ been charged upon th e localities benefited, an dhave been apportioned upon various principles;but, whatever principle of apportionmentbas beenadopted, they have been known, both in th e legisla tion nod ordinary speech of th e country. by th ename of "assessments." Assessment s have aleo,very generally, i f not always, been apportionedupon principles different from those adopted in"taxation, n in th e ordinary sense of tbat tCt'lUjand anyone ca.n see, upon a moment's reHecti on,that th e apportionment, to bea.r equally, and dosubstantial justice to al l parties, must be madeupon a dlJlerent principle fr om that adopted in"taxation, " 80 called. 28 Cal. 856 .'l'he differences between taxation and takingproperty in right of eminent domain are that taxation exacts money or services from indIviduals,08 and for their respective shares of contributionto anypubUc burden; while private property takenfor public use, by right of eminent domain, istaken, no t as the owner's share of contribution toa publlc burden, bu t as so much beyond bis share,and for which compensation must be made. Moreover, taxation operates upon :lcommunity, or upona cla.ss of persons in a community. and by sowerule of apportionment; whUe eminent domainoperates upon an individual, and witbout reference to th e amount or value exacted from aoyother individual, or class of individuals. 4, N. Y.


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TEIND COURT 1156 TEMPLEN TEIND COURT. In Scotcb law. Acourt which bas jurisdiction of matters relatIng to teinds, or tithes.

TEIND MASTERS. Those entitled too ithes.p

Q

TEINDS. In Scotch 18W. A. term c o r ~ responding to tith.s (g. ~ . ) In English eccleliaaticnl law.

TEINLAND. Sax. In old English law.Land of a thane or Saxon noule; land gra.ntedby th e crown to a thane or lord. Cowell ; 1Reeve. Eng. Law. 5.

TELEGRAM. A telegraphic dispatch;a message sent by telegraph.

TELEGRAPH. In the English telegraphR ac t of 1863. th e word is defined as tin wire orwires used for the purpose of telegraphiccommunication. with any casing, coating.tube, or pipe inclosing the same. and any apparatus connected therewith for the purposeS of telegraphic communication. II St. 26 & 27Viet. e. 112, 3.

r TELEGRAPHIlE. Written evidence ofthings paBt. Blount.TELEPHONE. In a general sense, tbename "telephone" applies to any instrumentor apparatus wbich transmits sound beyondthe limits of ordinary audibility. But, sincethe recent discoveries in telephony, th e name1s technically and primarily restrictf'd to aninstrument or device which transmits soundby means of electriCity and wires similar totelegraphic wires. In a secondary sense.however, being th e sense in which it is mostcommonly understoocl, th e word "telepbone"constitutes 8 generic term, baving re ferencegenerally to th e art of telephony as an insti' tltion, bu t more particularly to the a p p a r a ~ tUB, as an entirety, ordinarily used in thetransmission, as well as in the reception. oftelephonic messages. 105 Ind. 261, I) N. E.Hep. 178.

TELLER. One who numbers or counts.An oflicer of R bank who receives or paysout money. Also one appointed to count thevotes cast in a deliberative or legislative as-sembly or other meeting. The name wasalso gl ven to certain officers formerly attachedto the English exchequer.

The teller il l a considerable omcer in tho exchequer, of which officers there are four, whose officeIs to receive al l money due to the king, and to givethe clerk of the pells a bill to charge him therewith. They also pa y to al l persons any woneypayable by the king, and make weekly und yearly

books of their receipts and payments, which the)deliver to the lord treasurer. Cowellj Jacob.TELLERS IN PARLIAMENT. In

the language of parliament, the" tellers J arethe m e m b e r ~ of the house selected to countthe members when a di vision takes place.In tbe house of lords a division is effected bythe "non-contents" remaining witbin thebar, and the "conlents" going below it. ateller being apPOinted for each party. In thecommons th e u ayes" go intotbe lobuy at oneend of the house, and the "noes" into thelobby at the other eud, the house itself beingperfectly empty, and two tellers being appOinted for each party. May, ParI. Pr.jBrown.

TELLIGRAPHUM. An Anglo-Saxoncharter of land. 1 Reeve, Eng. Law, c. 1,p.10 .

TELLWORC. That labor which a t e n ~ ant was bound to do for his lord for a cer.tain number of days.

TEMENTALE, or TENEMENTALE .A ta x of two shillings upon every p l o w ~ l a n d ; a decennary.'PEMERE. Lat. In the civil law . nash

ly ; inconSiderately. A plaintiff was saidteme1'e litigaTe who demanded a thing outof malice, or saed without just canse. andwho could show no ground or cause of action.Brissoniu9.

TEMPEST. A v!olent or furious stormja current of wind rushing with extreme v l ( \ ~ lence, and usually accompanied with rain Otsnow. See 29 U. C. C. P. 84.

TEM.PLARS. A religious order 01-knighthood. in stituted about th e year 1119.and so called because the members dwelt ina part of the temple of Jerusalem, and notfa r from the sepnIcer of OU f Lord. Theyentertained Christian strangers and pilgrimscharita.bly, and their profession was at firstto defend travelers from high waymen andlrobhers. Tb e order was suppressed A. D.1307. and their substance given partly to theknights of St. John of Jerusalem, and partlyto other religious orders. Brown.

TEMPLE. 'fwo English inns of COlll't,thus called because anciently tho dwellingplace of the Knights Templar. On thesuppr(>ssion of the order , they were purchased by some professors of the commonlaw, and converted into hospitia or inns 01court. They are called the "Iuner" and,U Miudle Temple," in relalion to Essex House,.


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TEMPOHA L LOHDS 1157 TENANTwhIch w . also a part of the bou.e at th eTemplars, an d called the UOuter Temple,"because situated without Temple Bar. Ene.Land.

TEMPORAL LORDS. Th e peen ofEngland; the bishops are not in strictnessbeld to be peers, bu t merely lords of parliament. 2 Steph. Comm. 330, 345.

TEMPORALIS. Lat. In the cIvil law.Temporary; limited to a certain time.TEMPORALIS ACTIO. Lat. An ac-tion which could only be brought within acertain period.TEMPORALIS EXCEPTIO. Lat. Atemporary exception which barred 80 action

tor 8 time only.TEMPORALITIES. In English law.

Th. lay fees at bIshops, with which th ei rchurcbes arB endowed or permitted to be en-dowed by th e liberality of the sovereign, an din virtue of which they become barons an dlords of parliament. Spelman.

TEMPORALITY. Th. laIty; aecularpeople.

TEMPORARY. That whIch is to lastfor a limited time only. as distinguished fromthat which is perpetual, or indefinite, in it sduration.

TEMPORE. Lat. In the time of. Thus,the volume called "Cases tempore Holt" is acolJeclion of cnses adjudged in the king'sbench during the time of Lord Holt. Wall.Rep. 398.

TEMPORIS EXCEPTIO. Lat. In thecivil law. A p l ~ R of time; a plea at lapse oftime, in ba r of an action. Corresponding tothe plea of prescription, or the statute oflimitations, in ou r law. See Mackeld. Rom.Law, 213.

TEMPUS. Lat. In tile civil and old En -glish law. Timein general. A time limited;a season j e. g., tem.pus pessonis, mast timein the forest.

TEMPUS CONTINUUM. Lat. In thecivil law. A continuous or absolute periodof time. .A ter m which begins to run froma certain event, even though he for whom itruns has no knowledge of the event, and. inwhich. when i t has once begun to run. allthe days are r eckoned as they follow one an-other in the calendar. Dig. 3, 2, 8; Mackeld.Rom. Law, 195.

Tempus eu!m modus tollendi obllga-tlones et actiones, quia tempus curritcontra desides et sui juris contemptores,For time is a means of destroying obligationsand actions. because time runs against theslothful and contemners of tbeir own rights.Fleta, I. 4, c. 5, 12.

TEMPUS SEMESTRE. Lnt. In oldEnglish law. Th e period of six months orhalf a year, consis Ling of one hundred andeighty.two days. Cro. Jac. 166_

TEMPUS UTILE. Lat. In the civillaw. A profitable or advantageous period oftime. A term which begins to ru n from acertain event, only when be for whom it runshas obtai ned a knowledge of the event, andin which. when i t has once begun to run,those days are no t reckoned on which one hasno experi'Undi potestas; i. e. , on which onecannot prosecule his rights before a court.Dig. 3, 6, 6; Mackeld. Hom. Law. 195.

TENANCY is the relation of 8 temmt tothe land which he holds. Hence it signifies(I ) the estate of a tenant, as in the expres-sions "joint tenancy." "tenancy in common;"(2) the term or interest of a tenant fo r yearsor at will. as when we say that a lessee m u s ~ remove his fixtures during his tenancy.Sweet.

TENANCY, JOINT. Se . JOINT TEN-ANCY.

TENANT. In the broadest sense, onewho balds or s s c s s ~ lands or tenements byany kind of right Ol' tiLle, wh ether in fee, forlife, for years, at will, or otherwise. Cowell.

In a more restricted sense, olle who baldslands of another; one who has the temporaryuse and occupation of real property ownedby another per:;on , (called the "landlord, I!)the duration and terms of his tenancy beingusually fixed by an instrument called a"lease. I!

'l'he word " tena.nt " conveys a much more com-prehensive idea in th e langua.ge of th e law than itdoes in it s popular sense. In popular language itis used more particularly as opposed to the word"laDdlord," and always seems to imply that thola.nd or property is not th e tenant's own, but be-longs to some other person, of whom he immedi-ately holds it . But, in th e language of the law,every possessor of landed property is called a "t en-ant" with re'!erence to such property, and this,whether such landed property is absolutely hisown, or whether he merely holds it under a leasefo r a certain number of years. Brown,In feudal la.w. One who holds ot an .

other (called" lord" or .. superior" ) by someservice as fealty or rent.


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TENANT 1158 TENANT IN TAILN One who has actual possession of landsclaimed in suit by anotherj the defendant ina real action. The correlativa of "demandant. .. 3 Bl. Camm. 180.O Strictly speaking. a "tenant" is a pet;sonwho holds land; bu t the term Is also appliedby ana logy to personalty. Thus we speak

pof a person being tenant for liCe, or tenantin com mon, of stock. Sweet.TENANT A VOLUNTE. L. Fr. Atenant at will.

TENANT AT SUFFERANCE. One1\ that comes into the possession of Jand by Iaw-' l tu l title, but holds over by wrong, after th edetermination of his interest. 4 K ent , Corom.116; 2BI. Camm.150.

TENANT AT WILL "I s where landsR r tenements are let by one man to another.to bave and to hold to him at the will of thelessor. by force of which lease th e lessee is inpossession. In this case the lessee is calledS . enant at will,' because he hath no certainno r sure estate, for the lessor may put himout at what time i t pleaseth him." Litt. 68;Sweet.

TENANT BY COPY OF COURTT ROLL (shortly. "tenant by copy") is theold-fashioned name fo r a copyholder. Litt. 73.TENANT BY THE CURTESY. One

who. on the death of his wife seised of anestate of inheritance. after having by he r islu e born alive and capabl e of inheriting lJeres tate. holds the lands and t enements for theterm of his life. Co. Litt. aOa; 2 BJ. Comm.126.

TENANT BY THE MANNER . Onewho has a less estate than a fee in land whichremains in t.he reversioner. He is 80 calledbecause in avowries and other pleadin gs it isspeci ally shown in what manner he is t enantof the hmd. in contradistinction to th e vel'aytenant, whois called simply "tenant." Ham.N. P. 393.

TENANT FOR LIFE . One who hold.lands or tenements for the term of bis ownlife. or fot that of a ny uther person. (i nwhicb case he is called "pur auter Vie.") or formore lives than one. 2 Bl. Comm. 120.

TENANT FO R YEARS. One 'vha ha.th e temporary use and poss{':ssion of lands ortenements not his own, by virtue of a leaseor demise granted to him by th e owner, fora determinate period of time. as for a year ora fixed number of years. 2 BI. Comm. 140.

TENANT FROM YEAR TO YEAR.One who holds lands or tenements under thedemise of another, where no certain term h a ~ been mentioned, but an annual rent has beenreserved . See 1 Steph. Comm. 271; 4 Kent,Camm. 111, 114.One who holds over, by consent giveneither expressly or constructively, after thedetermination of a lease for years. 4 Kent,Camm. 112.

TENANT IN CAPITE. In feudal andold English law. Tenant in chief; one whoheld immediately under the king, in right ofhis crown and dignity. 2 HI. Comm. 60.

TENANT IN COMMON. Tenants incommon are generally defined to be such ashold the same land together by several anddistinct titles , but by unity of possession,because nODe knows his own sev eralty, andth erefore th ey all occupy promiscuously. 2BI. Camm. 19l.A tenancy in common is where tw o ormore hold the same land, with interests a c ~ cruing under different titles, or accruingunder the same title, bu t at different periods,or conferred by words of limitation import ing that the grantees are to take in dist inctshares. 1 Stepb. Camm. 323.

TENANT IN DOWER. This is wIl er .th e husband of a woman is seised of an estateof inheritance and dies; in this case the wireshall have the third part of al l the lands andtenements whereof he was seised at any timeduring the coverture, to hold to herself forlife. as her dower. Co. Litt. 30; 2 BI. Comm.129.TEN A NT IN FEE-SIMPLE, (or

TENANT IN FEE.) rre who has lands,tenements. or hereditaments, to hold to himand his heirs forever, generally. absolu tely,and simply; without mentioning what heirs,but referring that to his own pleasure. or toth e disposition of the law. 2 BI. Comm. l0 4;Litt . l.

TENANT IN SEVERALTY is bewhQ holds lands and tenements in his ownright only. witl10ut any other person beingjoined or connected with him in point ofinterest d uriug his estate therein. 2 B l ~ Comm. 179.

TENANT IN TAIL. One who holds anestate in fee-tail, that is, an estate which, byth e instrument creating it , is limited to someparticular heirs. exclusive of others; as tothe heirs ot his body or to Lhe heirs, male orfemale, of his body.


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TENANT IN TAIL. ETC. 1159 TENDERTENANT IN TAIL AFTER POSSI.

BILITY OF ISSUE EXTINCT. SeeTAIL A F T 1 ~ R PosSmILITY, etc.

TENANT IN TAIL EX PROVISIONEVIR!. 'Vbere an owner of lands, upon orpreviously to marrying a wife, settled landsupon himself and his wife, and th e heirs oftheir two bodies begotten, and then died, thewife, as survivor, became tenantin tail ofthahusband's lands, in consequence of the husband's provision, (ex provisione 'ViTi . )Originally. sh e could ba r th e estatetaillikeany other tenant in tail; but the husuanu'sintenlion having been mendy to provide forher during her widowhood, and not to enableher to iJar his children of their inheritance,she was very early restrained from 80 doing,by th e statute 32 Hen. VII . c. 36. Brown.

TENANT OF THE DEMESNE. On.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. tenan t of the demesn.. Ham. N. P. 392. 393.

TENANT PARAVAILE. Th. under.tenant of land; that is, the tenant of a tenant;one who held of a mesne IOl'd.

TENANTRIGHT. 1. A kind of customary estate in the north of England, fall_ing under the general class of copyhold, bu tdistinguished from. copyhold by many of itsincidents.

2. The so-called tenant-right of renewalis th e expectation of a lessee t h , ~ t his leasewill be renewed. in cases wbere it is anestablished practice to renew lea ses fromtime to time, as tn the case of leases fromthe crown, from ecclesiastical corporations,or other collegiate bodies. Strictly speaking, there can be no right of renewal againstthe lessor without an express compact byhim to that effect, though the existence ofthe custom often inJiuences th e price insales.3. The Ulster tenant-right may be described as a right on the tenant's part tosell his holding to the highest bidder. sulJject to th e existing or a reasonable increaseof rent from time to time, as circumstancesmay require, with a reasonable veto reservedto the landlord in respect of th e incomingtenant's character and solvency. Mozley &Whitley.

TENANT TO THE PRlECIPE. Be fore the English fines and recoveries act, ifJand was conveyed to a person for life withremainder to another in tail. t.Je tenaut in

tail In remainder was unable to ba r the entail without the concurrence of Lbe tenant fO Ilife, because a common recovery cou1d onlybe sulfered by the person seised of the lanu.In such a. case, if the tenant for life wishedto concur in barring th e entail, he usuallyconveyed his life-estate to some other per50n.in order that th e prrecipe in the recoverymight be issued against the latter, wbo wasth prefore called the II tenan t to the prrecipe."\ViIliams, Seis. 169: Sweet.

TENANT'S FIXTURES. This phrasesignifies things which ar e fixed to the freehold of the demised premises, bn t which thetenant may det


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TENDER OF AMENDS 1160 'IENNEN ' I 'ENDER OF AMENDS. An otl'er bya persol! who has been guilty of aoy wrongor breut:h of contract to pay a sum of moneyby way of amends. I f a defendant in an ao-o ion make tender of amends, and the plaint i ff decline to accept it, the defendant maypay the money into court. and plead the payment iuto court as a satisfaction of tlie plaintiff' s claim. Mozley & Wbitley.p TENDER OF ISSUE. A form ofwords in a pleading, by which a party offersto refer the question raised upon i t to theap-propriate mode of decisio n. The commonQ ender of an issue of fact by a defendant isexpressed by the words. "andor this he putshimself upon the country." Steph. Pl. 54.230.R

sr

TENEMENT. This term. In its vulgaracceptation, is only applied to houses andother buildings, but in its original. proper,and legal sense it signifies everything thatmay be holden. provided it beof a permanentna t ure. whether it be of a substantial andl!Iensible, or of an unsubstantial, ideal, k"ind.Thus. liberum tenementum, frank tenement,or freehold, is applicable not only to landsand other solid objects, but also to offices,rents, commons, advowsons. franchises.peerages, etc. 2 BI. Comm. 16.I"enement" is a word of greater extentthan "land." including not only land, bu trents. com mOllS, and several other rights andinterests issuing out of or concerning land.1 Steph. Comm. 158, 159.

Its original meaning, according to some, was"house lIor "homestead. It Jacob. In modern use 1\also signifies rooms le t in houses. Webster.TENEMENTAL LAND. Land distrib-uted by a lorel among his tenants. as opposedto the demesnes wbich were occupied by h i m ~

l!Ielf and his servants. 2 HI. Comm. 90.TENEMENTIS LEGATIS. An ancientwrit, lying to the city of London. or any

other corporation. (where the old custom wasthat men might devise by will lands andtenemen ts, as well as goods and chattels.) forthe hearing and determining any controversytoucbing the same. Reg. Orig. 244.

TENENDAS. In Scotcb la IV, The nameof a clause in charters of heritable right3,which derives its Ilame from its first words."tenendas prcediccas terras;" it points outthe superior of whom the lands are to beholden, and expresses the particular tenure.Ersk. Inst. 2. 3, 24.

TENENDUM. Lat. To bold; to beholden. The name of that formal part ot adeed which is characterized by the words "tohold." I t was formerly used to express thetenure by which the estate granted was to beheldj but, since all freehold tenures havebpen converted into socage. the ten6ndum isof no fUrther use, add is therefore joined inthe habendum, - "to have and to hold."2 Bl. Comm. 298; 4 Cruise, Dig. 26.

TENENS. A tenant; the defenrtant 1n areal action.TENENTIBUS IN ASSISA NON

ONERANDIS. A writ tbat formerly lay furbim to whom a disseisor had alienated theland whereof he disseised another, that heshould not be mol ested in assize for damages,i f the disseisor bad wherewith to satisfythem. Reg. Orig. 214,

TENERE. Lat. In the civil law. Tohold; to hold fast; to have in possession; toretain.

In relation to th e doctrine or possession, thieterm expresses merely th e fact of manual detention, or the corporal possession of any object,without involving th e question of title; whilehabere (and especially p088idere) denotes tl:.emaintenance of possession by a lawful claim; t. e.,cf.vtL possession, as distinguished from mere nat-u r a ~ possession.

TENERI. The Latin name for that clallsein a bond in which the obligor expresses tbathe is "held and firmly bound" to the obligee,his hei rs, etc.

TENET; TENUIT. Lat. He holds; heheld. In the Latin forms of the writ 01waste against a tenant. these words intro.duced the allegation of tenure . I f the tenancy still existed, and recovery of the landwas sought, the former word was used, {andthe writ was said to be "in the tenet."} I fthe tenancy had already det ermined, the latter term was used. (tbe writ bein g describedas .. in the tenuit,") and tben damages onlywere sought.

TENHEDED, or TIENHEOFED. Inold English law. A dean. Cowell.TENMENTALE. The number of tenmen, which number, in the time of the Sax.ons. was called a " d ~ c e n l l a r y ; " and ten d e c e n ~

naries made what was called a "hundred."Also a duty or tribute paid to the crown,consis ting of two shillings for each plow.land. Enc. Lond.TENNE. A term of heraldry, meaning

Ql-allfe color. In engravjngs it sbould ue


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TENOR 1161 TENUUErepresented 1.,y lines in bend sinister crossedby others bar-ways. Heralds who blazon bytho names of t11e be-a venly bodies. call i t"dragon's head." and those who employJewels, Ujncinth." It is one of the colorscalled "stainand." ViharLon .

TENOR . A term used in pleading to denote that an exact copy is seL out. 1 Chit.Crim. Law, 235.By the tenor of R deed, or other instru-ment in writing, is Signified the matter cootained therein. accol'ding to the true intentand meaning thereof. Cowell.

"Teuor." in pleading a written instru-ment, imports that the very words are setout. "rurport" does not import th is, but isp.quivfllent only to "substance," 5 Blackf.458; 1 Gush. 46: 5 Wend. 271.

The action of proving the tenor, in Scotland, is an action for proving Lhe contentsBud purport of a deed which bas been lost.Bell.In chancery pleading. .A certified copyof records of other courts removed into chaneery by certiora11. Gres. Eq. Ev. 309.

Tenor est qui legem dat feudo. It isthe tenor [of the feudal grant] which reglllates its effect and extent. Craigius, JusFeud. (3d Ed.) 66; Broom, Max. 459.TENORE INDICTAMENTI MIT-

TENDO. A writ wbereby the record of anindictment, and the process thereupon, wascalled on t of another court inlo tbe queen'sbench. Reg. Orig. 69.

TENORE PRlESENTIUM. By tbetenor of these presents, i. e., the matter contuined t h ~ r e i n , or ratller the intent an d meaning thereof. Cowell.

TENSERIlE. A Bort of ancient tax ormilitary contl:ibution. Wharton.

TENTATES PANIS. The essay or asaay of bread. Blount.TENTERDEN'S ACT. In English law.

The statute 9 Geo. IV . c. 14, taking it sname from Lord Tenterden, who procuredUs enactment, which is a species of extellsion of the statute of frauds, and reqUiresthe reduction of contracts to writing.

TENTHS. In English law. A tem-pordryaid issuing ou t of personal property,and granted to the king by parliament; form'3rly the real tenth part of aU the movables belonging to the subject. l.HI. Comm .808 .

In English ecclesiastical law. Thetenth part ot tho annual rrofit ot every l i v ~ ln g in the kingdom, formerly paid to thepope, but by statute 26 Hen. VIII. c. 3,transferred to the crown, and afterwardltmadea part of the fund called "Queen Anne'sBounty." 1 Bi. Comm. 284-286.

TENUIT. A term used in stating tiletenure in an action for waste done after thetermination of the tenancy. See TENET.

TENURA. InoJdEnglishiaw. Tenure.Tenura est pactio contra communem

feudi na.turam ac rationem, in con-tractu interposita. Wright, Ten. 21.Tenure is a compact contrary to the commonnature and reason of tbe fee, put into a COD-tract.

TENURE. Tbe mode or system of bolding lands or tenements in subordination tosome s u ~ e r i o r , which, in the feudal ages, wasthe h'ading characteristic of real properLy.

Te n lire is the direct result of feudalism,which .:separated the dominium directum.(the dominion of the soil.) which is placedmediately or immediately in the crown, fromthe dominiu11l utile, (the possessory title,)the rigllt to the use and profits in the eoil.designatad by the term "seisin," which isthe highest interest a subject can acquire.Wharton.

Wharton gives th e following llst of tenureswhich were ultimately developed:

LA y TENunES,I. Frank tenement, or freehold. (1) Th e military tenures (abolished, except grand serjeanty,and reduced to free socage tenures) were: Knight

service proper, or tenure in chivalry; grand scrjoonty; cornage. (2 ) Free socage, or plow-service; either petit scrjeanty, tenure in burgage, orgavelkind.n. Villeinage. (1) Pure villeinage, (whencecopybolds at the lord's [nominal] will, which isregulated according to custom.) (2 ) Privilegedvilleinage, sometimes caUed "villein socnge,"(whence tenure In ancient demesne, which is anexalted species of copyhold, beld according to custom, nnd no t according to th e 101'd'H will,) and isof three kinds: Tenure inaDcientdemesne; priv-ileged copyholds, customary freehold&, or freecopyholds ; copyholds of base tenure.

SpnuTI ] . lL TENURES.I. Frankalmoigne, or free alma..n. Tenure by divine service.Tenure, in its general senS6, is a mode ofholding or occupying. Thus, we speak ot

the tenure of an office. meaning the mannerin which it is held, 'specially with regard totime. (tenure for life, tenure


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TENURE BY DIVINE SERVICE 1162 TERMINABLE PROPERTYN anee to cultivation and questions of politicaleconomy; e. g., tenure by peasant proprietors.cottier!, etc. Sweet.TENURE BY DIVINE SERVICE iso where an ecclesiastical corporation, sole or

aggregate, holds land by a certain divineservice; as, to say prayers on a certainday in 6very year. "o r to distribute in sImesP to an hundred poore men an hundred penceat such a day." Litt. 137.

TENURE OF OFFICE. See TENURE.TERCE. In ScotcQ law. Dower; aQ 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 widowR that possesses the third part of her husband'sland, as her legal jointure. 1 Kames, Eq.

pret.TERM. A word or phrase an expres

sian; particularlyone which possesst!s a fixedS and known meaning in some science, art, orprofession.In the civil law. A. space of time grant-ed to a debtor for discharging' his obligation.r Poth. ObI. pt. 2, c. 3. a r t . ~ , 1. Civil Code

La. art. 2048.In estates. "Term" signifies the bounds,

limitation, or extent at time for which anestate is granted; as when a man holds anestate for any Iimiteu or specific number ofyenrs, which is called bis "term," and behimself is called, with reference to the termhe so holds, the "termor," or "tenant of tueterm. "

Of court. The word "term," \,,"hen usedwith reference to a court. BignHies the spaceof time during which the court holds a session, A. session signifies the time duringthe t erm when the court sits for the trans-action of bu si ness, and tIle session commences when the court convenes for theterm, and continues until final adjournment,either before or at the expiration of the term.The te7'm of the court is the time prescribedby law during which it may be in session.The session of the court is the time of it sactual sitting. 19 Tex. App. 433.

TERM ATTENDANT ON THE IN-HERITANCE. See ATTENDANT TERMS.

TERM FEE. In English practice. Acertain sum which a solicitor is entitled tocharge to his client, and the client to recover,if successful, from the unsuccessful pa.rty;payable for every term in which any proceed-

ings subsequent to the summons shall takeplace. 'Vbarton.TERM FOR DELIBERATING. By

"term fOI' ,leliberating" is und6[stood tueUm!)given to the beneficiary heir. to examine i tit be for his interest Lo accept or reject thesuccession whicb bas falhm to him. CivilCode La. art. 1033.

TERM FOR YEARS. An estate foryears and the time during which Buch estateis to be held are each called a "term;" hencetbe term may expire before the ti me, as by asurrender. Co. LiLt. 45.

TERM IN GROSS. A term of years issaid to be either in gross (outstanding) orattendant upon the inheritance. I t is out.-standing, or in gross. when it is unattachedor disconnected from the estate or inher it-ance, as where it is in th e hands of somethird party having no interest in the inherit-ance; it is attendant, wben vested in sometrustee in trust for the owner of the inheritance. Brown.

TERM OF LEASE. The word "term, !wh en used in connection with a lease, meansthe period which is granted for the lessee tooccupy the premises, and does not includethe time between the ruakillg of the lease andthe tenant's entry. 5 N. Y. 463.

TERM PROBATORY. The period ottime allowed to the promoter of an ecclesiastical suit to produce his witnesses, Hndprove the facts on which IH\ rests bis case,Cuote. Ecc. Pl'. 240, 241.

TERM TO CONCLUDE. In Engl1shecclesiastical practice. An appOintment bythe jl1dge of a time at which both parties areunderstood to renounce all further exhibitsand allegations.TERM TO PROPOUND ALLTHINGS. In English ecclesiastical practice. An appointment by the judge of a

time at which both parties are to exhibit allthe acts and instruments whi ch make fortheir respective cuuses.

TERMES DE LA LEY. Terms of thelaw. Tbe name of a lexicon of the lawFrench words and other technicalities of legallanguage in old times.

TERMINABLE PROPERTY. Tbl.name is sometimes given to property of sucba nature that it s duration is not perpetual orindefinite, bu t is Ii mited or liable to terrn i-nate upon tbe happening of an event or Lile


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TERMINATING. ETC. 1163 TERRA MANENS. ETC.expiration of a fixed term; ,.1/., a leasehold,a l i f e ~ a n n u i t y , etc.

TERMINATING BUILDING SOCI-ETIES. Societies. in England, where themembers commence their monthly contribu .tions on a particular day, and conti nU6 topay them until the realization of shares to agiven amount for each member, by the ad-vance of the capital of the society to suchmembers as required it . and the payment ofInterest as well as principal by them. so as toinsure such realization within a given peri-od of sears. They have been almost super-seded by permanent buildi ng societies.Wharton.

TERMINER. L. Fr. To determine.See OY1m AND TERMINER.

TERMINI. Lat. Ends; bounds; limit-Ing or terminating points.

TERMINO. In Spanish law. A com-mon; common laud. Common because ofvicinage. \Vhite, New Recap. b. 2, tit. 1, c.6, 1, note.TERMINUlIl . A day given to a defend-

aot. Spelman.TERlIlINUM QU I PRE TER I I T ,

WRIT OF ENTRY AD . A writ whichlay for t.he reversioner. when the possessionwas withheld by the lessee, or a stranger,after the determination of a lease for years.BrowD.

TERMINUS. Boundary; a Jimlt, eitherof space or time.The phrases "terminus a quo" and "te1minus ad quem" are used, respectively, todeSignate the starting point and terminatingpaint of a private way. In the case of astreet, road, or railway, eitber end may be,and commonly is, referred to as the II termi.nus. "Terminus aonorum certus debet esseet determinatus. Co. Litt. 45. A term of

years ought to be certain and determinate.Terminus et feodum non possuntconstare simu\ in una eademque p e r ~ Bona. Plowd. 29. A term and the fee can-not boLh be in ODe and the same person atthe same time.

TERMINUS HOMINIS. In English~ c c l e s i a s t i c a J practice. A time for the deter-mination of appeals, sborter than tbe termi-nus ju'ris, apPOinted by the jUdge. Hallifax,Civil Law, b. 3, c. 11, no. 36.

TERMINUS JURIS. In Engllsh ec-clesiastical practice. Tl.e time of OIle or twcyears, allowed by law for the determinationof appea.ls. Hallifax, Civil Law, b. 3, c. 11.no. 88.

TERMOR. ne that holds lands or ten-ements for a term of years or life. Bn t wegenerally confine the application of the wordto a person entitled for a term of yean.Mozley & Whitley.

TERMS. In the law of contracts. Conditions; propositions sb,ted or promisesmade which. when assented to or accepted byanother. settle the contract and bind the par-tIes. Wehster.TERMS, TO BE UNDER. A party Issaid to be under terms when an indulgenceis granted to him by the court in its discre-tion, on certain conditions. Thus, when aninjunction is granted ex parte, the party ob-

taining It is pu t under tenns to abide bysnchorder as to damages as tbe court may makeat the hearing. Mozley & Whitley_

TERRA. Lat. Earth; soil; arablelunei.Kennett, Gloss.

TERRA AFFIRlIlATA. Land let tofarm.TERRA BOSCALIS. Woody land.TERRA CULTA. Cultivated land.TERRA DEBILIS. Weak or barrenland.TERRA DOMINICA. or INDO MI

NICATA. The demesne land of a manor.Cowell.TERRA EXCULTABILIS. Land which

may be plowed. Mon . Ang. l . 426.TERRA EXTENDENDA. A writ addressed to an esciJeator, etc that he inquireand find out the true yearly value of anyland. etc ., by the oat.h of twelve men, and tocertify the extent into the chancery. Ueg.

Writs. 298.TERRA FRUSCA, or FRISCA. Freshland, not lately plowed. Cowell.TERRA HYDATA. Land subject to the

payment of bydage. Selden.TERRA LUCRABILIS. Land gainedfrom the sea or inclosed out of a waste.Cowell.Terra manens vacua occupant! con .

ceditur. 1 Sid. 347. Land lying unoccupiedis given to the first occupant.


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TERRA NORMANORUM 1164 TERRORN TERRA NORMANORUM. I..and heldby a Norman. Paroell. Antiq. 197.

TERRA NOVA. Land newly cOllvertedo rom wood ground or arable. Cowell.TERRA PUTURA. Land in forests.held by the tenure of furnJsbing food to the

keepers therein. 4 Inst. 307.P TERRA SABULOSA. Gravelly orsandyground.

TERRA SALICA. In Salle I.... Theland of the house; the land within that in-closure which belonged to a German house.Q No portion of the inheritance of Salic landpasses to a woman. but this the male sex ac-quires; that is, the 80ns succeed in that in-heritance. Lex Salie. tit. 62. 6.R TERRA TESTAMENTALIS . Gavelkind land. being disposable by will. Spel.man.

TERRA VESTITA. Lend sown withS corn. Cowell.TERRA WAINABILIS. Tillaole land.

CowelI.TERRA WARRENATA. !..and thatT has the liberty of free-warren.TERRlE DOMINICALES REGIS.

The demesne lands of th e crOWD.TERRAGE . In old English law. A

kind of ta x or charge on land; a boon or dutyof plowing, reaping, etc. Cowell.TERRAGES. An exemption from al luncal'tain services. Cowell.

TERRARIUS. In old English law. Alandholder.

TERRETENANT. rr e who is literallytn the occupation or possession of the land,as distinguished from the owner ou t of pos-session. But. in a more technical sense, th eperson who seised of the land. though no tin actua.l occupancy of it . 4 Watts & S. 256;1 Eden. 177.

TERRIER. In English law. A landroll or survey of land!'!, containing the quant ity of acres. tenants' names, and such lIkejand in the exchequer there is a terrier of allthe glebe lands in England. made about 1338.In general, an ecclesiastical terrier contaiusa detail of the temporal possessions of thechurch in every parisu. Cowell; Tomlins;Mozley & Whitley.

TERRIS BONIS ET CATALLIS REHABENDIS POST PURGATIONEM. A

writ lor a clerk to recover bls lands, goods.and chattels, formerly seized. after he badcleared himself of the felony of which he wasaccused, and delivered to his ordinary to bepurged. Reg. Orig.TERR I S ET CAT ALLIS TENTIS

ULTRA DEBITUM LEVATUM. Ajudicial writ for the re!toring of lands orgoods to a debtor who is distrained above th eamount of th e debt. Reg, Jud.

TERRIS LIBERANDIS. A writ thatlay for a man convicted by attaint, to bringthe record and process before the king,and take a fine for his imprisonment, andthen to deliver to him hi s lands and tene-ments again, and release him of th e stripand waste. Reg. Orig. 232. Also i t was awrit for the delivery of lands to th e heir,after homage and relief performed, or uponsecurity taken that he should perform them.Id . 293.

TERRITORIAL, TERRITORIALITY.These terms are used to s ignify connectionwith, or limitation with reference to, a par-ticular country or territory. Thus, "territorial law" is the correct expression for thelaw of a particular country or state, although"municipal law" is more common. "Territorial waters" are that part of the sea adja-cent to the coast of a given country which isby international law deemed to be withinth e sovereignty of that country, so that itacourts have jurisdiction over offenses com-mitted on those waters, even by a person onboard a foreign ship. Sweet.

TERRITORIAL COURTS. Tile courtsestablished in the territories of the UnitedStates.

TERRITORY. A part of a country separated from th e rest, and 8ubject to a par-ticular jurisdiction.

In American law. A portion of theUnited S'tates, no t within tb e limits of anystale, which bas no t yet been admitted as astate of the Union, but is organized, with aseparate legislature, and wit.h executive andjudicial omcers appointed by the preSident.

TERRITORY OF A JUDGE. Th eterri torial jurisdiction of a judge the bounds,or district, within which he may lawfully exercise his judicial authority.

TERROR. Alarm; fright; dread; thestate of mind induced by the apprehension ofhurt from Borne hostile or threatening eventor manifestationj fear caused by the appear


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TERTIA DENUNCIATIO 1165 TESTAMENTARYallea of danger. In an Indictment fo r riot,i t nllist be charged that the acts done were.. to the ten'or of the people."

TERTIA DENUNCIATIO. Lat. Inold EngIish Jaw. Third publication orproclamation of intended marriage .

TERTIUS INTERVENIENS. Lat.lnthe civil law. A third person intervening;1\ third person who comes in between the p a r ~ ties to a suit; one who interpleads. GUbert's Forum Rom. 47.

TEST. To bring one to a trial and examInation, or to ascerta in the truth or thequality or fitness of a thing.

Something by which to ascertain the truthrespecting another th ing.

TEST ACT. The statute 25 Car. n. C"2. whIch directed all ci vii an d military offi-cers to take tbe oaths of allegiance and su-premacy, and make the dec laration againsttransubstantiation, within six months aftertheir admission, and also within the sametime receive th e sacrament according to theusage of the Church of England, nnder pen-alty of 500 and disability to hold the office.4 Bl. Comm. 58. 59 . This was abolished bySt. 9 Geo. IV. c. 17. so fa r as concernsreceiving the sacrament. and a new form of1eclaration was substituted.

TEST ACTION. An action selected ou tof 8. considerable nU1;nber of suits, concur-rently depending in the same court. broughtby several plainliffs against the same de-fendant. or by one plaintiff against differentdefendants, all similar in their circum-stances, and embraCing the same qu estions,and to be supported by the snme e v i d e n c ~ the selected action to go first to trial, (underan order of court (>q uivalent to consolida-tion,) an d it s decision to Berve nB a test ofthe right of recovery in the others. all partiesag reeing to be bound by the result of the testaction.

TEST OATH. An oath required to betaken as a criterion of the Otness of the per-Sall to fill a public or political office; bu t par-ticularly an oath of fidelity and allegiance(past or present) to the established govern-ment.

TESTA DE NEVIL. An ancient and:\Uthentic record in tw o volumes. in the cus-tody of th e queen's remembrancer in the ex-chequer, said to be compiled by John deNevil. a justice itinerant. in the eighteenthand twenty. fourth years of Henry III. Cowall. These volumes were printp.d in 1807.

under the authority of the commissioners 01the public records. and contain an account 01fees held either immediately of the king orof others who held of theking in capite," fce!holden in frankalmoigne; serjea.nties hoillenof tbe king; widows aml heiresses of ten-ants i11 capite, whose marriages were in thegift of the king; churches in the gift of theking; escheats, and sums paid for scutagesand aids. es'peciaUy within the county ofHereford. Cowell; Wharton.

TESTABLE. A person Is said to be test.able when he has capacity to make a will; aman of twentyono years of age aud of sanemi od is testable.

TESTACY. The state or condition ofleaving a will at one's death. Opposed toUintestacy."

TESTAMENT. A disposition of personal property to take place after the own-er's decease, according to his desire and di rection.A testament is the act of last will. clothedwith certain solemnities, by which the testa-to r disposes of his property. either univer-eally, or by universal title, or by particulartitle. Civil Code La. art. 1571.Strictly speaking. th e term denotes only zwill of personal property; a will of land nOlibeing called a "testament." The word "testament" is now seldom used, except in theheading of a formal will. which usually be-gins: "Tllis is the last will aDd testamentof me, A . B.," etc. Sweet.Testament is the true declaration of a man'slast ,vill as to that which he would ha.ve to bedone after his death. I t is compounded, accordin g to Justinian, from tes tatLo 7nen tts: bu t thebett er opinion is that i t is a simple word formedfrom th e Latin tcstOl', and not a. compound word.Mozley & Whitley.

Testamenta cum duo inter 8e pugnan-t ia reperiuntur, ultimum ratum est; sicest, cum duo inter se pugnantia reperi-untur in eodem testamento. Co. Lilt.112. 'Vhen two conflicting wills are found.the last prevails; so it is when two conflict-in g clauses occur in the same will.

Testamenta latissimam interpretatio-nem habere debent. Jenk. Cent. 81. Willsought to have the broadest interpret.1.tion .

TESTAMENTARY . Pertaining to awill or testamentj as testamentary causes.Derived from. founded on, or appointed bya testament or willi as a testamentary guard-ian, letters testamentary. etc .A paper, instrument, document, gift, ap--


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TESTAMENTARY CAPACITY 1166 TESTATUMN pOin tment. etc., is said to be "testamentary"when i t Is written or made so as not to takeeffect untiJ after the death . of the personmak ing it , an d to be revocable and retain

r'\ the property under his control during his1.1 life. Hlthough he may have believed t.hat i t

would operate as un instrument of a d i f f e r ~ ent character. Sweet.TESTAMENTARY CAPACITY. ThatP mflasure of mental ability which is recognizedin law as 8ufficient fo r th e making a will.

TESTAMENTARY CAUSES. In En.glish law. Causes or matters relating to theQ probate of wills. the granting of a d m i n i s t r a ~ tions. and the suing for legacies. of whichth e ecclesiastical courts bu \re jurisdiction. tlBI. Comm. 95, 98.

R Testamentary causes Bre causes relati ng tothe validity and execution of wills. Thephrase is generally confined to those causeswhich were formerly matters of ecclesiasticaljurisdiction, an d ar e now dealt with by theS court. of probate. Mozley & Whitley.

TESTAMENTARY GUARDIAN. Aguard ian appointed by tbe last will of afa t ber for tbe person and real and personalT estate of his child until th e latter arrives offull age. 1 Bl. Comm. 462; 2 Kent, Comm .224.

TESTAMENTARY' PAPER. An Instrument in the nature of a will; an unpro-ba ted will; a paper writing which is of th echaracter of a will, though not formally such,an d which, j f allowed 88 a test.ament, willhave th e effect. of n will upon the devolutionand distribution of property.

TESTAMENTI FACTIO. Lat. In th ecivil law . The ceremony of making a testa-ment, either as testaoor, heir, or witness .

TESTAMENTUM. Lat. In the civillaw. .A testament; a will, or las t will.In old English law. A testa ment orwill ; a disposition of property made in con-

t emplation of death. Bract. fol. 60.A general nameforany instrument of con-

veyance, including deeds and charters, andso called either because it furnished writtentestimony of the conveyance. or because itwas authenticated by witnesses, (testes.)Spelman.

Testamentum est voluntat is nostrmjusta sententia. de eo quod quia postmortem 8uam fieri velit. A testament Isthe just expression of our will concerningthat which anyone wishes done after hisd('atb , [or, as Blackstone translates. "the Ie

gal declaration of a man's in tentions whicbhe wills to be performed after his death. ")Dig. 28, I, 1; 2 HI. Comm. 499.

Testamentum, i. e., testatio mentis,facta nullo prresente metll periculi, sedcogitatione mortalitatls. Co. Litt. 322..A testament, t. e., th e witnessing of one'sintention, made under no present fear of danger, but in expectancy of death.

TESTAMENTUM INOFFICIOSUM.Lat. In the civil law. An inofficious testament, (g . D.)

Testamentum omne morte consummatur. Every will is perfected by death. Awill speaks from the time of death only. Co.Litt. 232.

TESTARI. Lat. In th e civil law. Totestify; to attest; to declare, pu blish, or makeknown a thing before witnesses. To makea will. Calvin.

TESTATE. One who has made a will;one who dies leaving a will.

TESTATION. 'Vitness ; evidence.TESTATOR. One who makes or has

made a testament or willi one who dies leav.ing a will. This term is borrowed from thecivilIaw. 1ns(,.2, 14, 5,6.

Testatoris ultima voluntas est perimwplenda secundum veram intentionemsuam. Co. Litt. 322. Th e last will of atestator is to be thoroughly ful.filled accord-ing to bis real intention.

TESTATRIX. A woman who makes awill; a woman who dies lea ving a will; a f e ~ male testator.

TESTATUM. In practice. When awrit of execution has been directed to thesherifI' of a county, and be returns that thedefendant is no t found in llis bailiwick, orthat he has no goods there, as the case maybe, then a second writ. reciting this formerwrit and the shel'itPs answer to the same,may be directed to the sheriff of some othercounty wherein the defendant is supposed tobe, or to have goods, commanding him to execute the writ as it mny require; and thissecond writ is called a "testa tum" writ, fromthe words with which i t conclndes, viz. :"'Vh('reupon. on bebalf of the said plaintiff,it is tes tijied in our said court that th e saiddefendant is [o r has goods, etc.] within yourbailiwick."

In conveyancing. That part ot a deedwhich commences with the words, IIThis in-cl


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TESTATUM WRIT 1167 TESTIS DE VISU, ETC.TESTATUM WRIT. In practice. A

writ containing a testatum clausej such asa testatum capial, a testatum ft. fa., and atestatum ca. sa. See TESTATUM.TESTATUS. Lat. In the civil law.Testate; one who bas made a will. Dig. 50.17, 7.TESTE MEIPSO. Lat. In old Englishlaw and practice. A solemn foJtlllula oftestaLion by the sovereign, used at the conclusion of cbarters . and other public instru-

ments, and also of original writs ou t of chan-cery. Spelman.TESTE OF A WRIT. In practice.

Th e concluding clause. commencing with theword "Witness," etc. A writ which bearsthe teste is sometimes said to be tested.

"Teste" is a word commonly used in the iastpartof avery writ, wherein the date is contained, beginning with tho words, "Teste m.etpso," meaningth e sovereign, i t th e writ be an original writ, orbe issued in the name of the sovereign; but, if th ewrit be a judicial writ, tben tbe word "Teste" isfollowed by th e name of th e obief judge of th ecourt in which the action is brought, or , in case ofa vacancy of suoh office, in tbe name of th e seniorpuisne judge. Mozley & Whitley.

TESTED. To be tested is 10 bear Lheteste, (q. c.)TESTES. Lat. Witnesses.Testes ponderantur, non numerantur.

Witnesses are weighed, no t numbered. Thatis . in case of a conHict of evidence, the truthis to be sought by weighing the credibilityof the reslJective witnesses. not by. the merennmel'ical preponderance on one aide or theother.

Testes qui postulat debet dare eisBumptus competentes. Whosoever demands witnesses must find them In competent provision.

TESTES, TRIAL PER. A trial had before a judge without the intervention of ajury, in which the judge is lef t to form inhis own breast his sentence upon the creditof tbe witnesses examined; bu t this mode oftrial, although it was common in tbe civillaw, was seldom resorted to in the practice ofthe common law, bu t it is now becomingcommon when each party waives bis right toa. trial by jury. Brown.

TestibuB deponentibus in pari numero,dignioribus est credendum. Where thewitnessps who testify are in ('qual number.[on both aides.] the more worthy are to beue lieved. 4 Inst. 279.

TESTIFY. To bear witness: to give evidence as B witness; to make a solemn declaration. under oath or affirmation. in a judicial inquiry. for the purpose of establishingor proving 80me fact.

Testimonia ponderanda Bunt, no n nu-meranda.. Evidence is to be weighed, notenumerated.

TESTIMONIAL. Besides Its ordinarymeaning ot a written recommendation tocharacter, "testimonial" has a special m e ~ \ D -ing. under St . 39 Eliz. c. 17, 3, passed in1597, under which it signified a certificateunder the hand ot a justice of the peace, testifying tbe place and time when and where asoldier or mariner landed. and the place ofhis dwelling or birth, unto which he was topass, and a convenient time limited for hispassage. EVBI'Y idle an d wandering soldieror mariner no t having such a testirnoni:ll, orwillfnlly exceeding for above fourteen daysthe time Jimited thereby, or forging or counterfeiting such testimonial, was to sufferdeath as a felon, without bel1eut of clergy.This act was repealed, in 1812, by St. 52 Geo.III. c. 31. lUo"ley & Whitley.

TESTIMONIAL PROOF. In the civillaw. Proof by the eVidence of witnesses,i. e., parol evidence, 8S distinguished fromproof by written instruments, which is called"literal" proof.

TESTIMONIES. In Spanish law. Anattested copy of an instrument by a notary.TESTIMONIUM CLAUSE. In conveyancing. That clause of a deed or instru.

ment with which it concludes : "In witnesswhereof. the parties to these presents havehereunto set their hands and seals."

TESTIMONY. Evidence of a witness;evidence given by a witness, under oath oraffirmation; as distinguished from evidencederived from writings, and other sourCes.'l'estimony is no t synonymous with evi-dence. I t is but a species, a class, or kind ofevidence. Testimony is the evidence givenby witnesses. Evidence is what.ever may begiven to the jury as tending to prove a case.I t includes the testimony of witnesses. documents, admissions of parties. etc. 13 Ind.389. See EVIDENCE.

TESTIS. Lat. A witness; one whogives evidence in court, or who witnesses adocument.

Testis de vfsu prooponderat alits. 4-lnst. 279. An eye-wit.ness is preferred toothers.


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TESTIS LUPANARIS, ETC. 1168 THELUSSON ACTN Testis lupanaria 8uffioit ad factum inlupanari. Moore. 817. A lewd person 1a asufficient witness to an act committed in abrothel.o Testis nemo in sua causa esse potest.No one can be a witness in his own cause.

Testis oculatus unUA plus valet quamauriti decem. 4 lost. 279 . One eye-wit.p ness is worth more than ten ear-witnesses.

TESTMOIGNE. An old law Frenchterm, denoting evidence or testimony.

Testmoignes ne poent testifier Ie negs-Q ive, mes l'affirmative. 'Vitnesses cannottestify to a negative; they must testify to anaffirmative. 4 lost. 279.TEST-PAPER. In practice. A paper

R or instrument shown to a jury as evidence.A term used in the Pennsylvania courts. 7Pa. St. 428.TEXT BOOK. A legal treatise whichlays down principles or collects decisions onS any brancb of the law.TEXTUS ROFFENSIS. In old English law. The l{ochesLertext. An ancient

manuscript containing many of the SaxonT laws, and the rights, customs, tenures, etc.,of the church of RochesLer, drawn up byErnulph, bishop of that see from A. D. 1114to 1124. Cowell.

THANAGE OF THE KING. A certain part of the king's land or property, ofwbich the ruler or governor was called"thane. U 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 nama was disMused. Cowell.

THANELANDS. Such lands as weregranted by charter of the Saxon kings totheir thanes with all immunities, except fromthe t1'inoda mce8sitaa. Cowell.

THANESHIP. The office and' dignity ota 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 ot chancery.

See INNS OF CHANOERY.THE. An article which I1articularizes thesubject spoken of. 41 Grammatical nicetiesshould not be resorled to without neceSSity;

bu t it would be extending liberality tQ lm unwarrantable length to confound the arti clesI a' and. the.' The m o s ~ unlettered personsunderstand tha.t I a ' is indefinite, but therefers to a certain object." Per Tilghman,C. J., 2 Bin. 516.

The fund whioh has received the beneftt should make the satisfa.ction. 4Bou v. Inst. no. 3730.

THEATER. Any edifice used for the pur.pose of dramatic or operatic or other representations, plays. or performances. for admission to which entrance-money is received,not including halls rented or used occasionMally for concerts or theatrical representations.ActCong.Julyl3, 1866, 9, (14 St. a t L ~ r g126. )

THEFT. An unlawful felonious takingaway of another man's movable and personalgoods against the will of the owner. Jacob.

Theft is the fraudulent taking ot corporeal pet'sonal property belonging to another, from his possession, or from th o possession of some personholding the sam& for bim, without his consont,with intent to dep rive the owner of the value ofthe same, and to appropriate i t to tb e use or benefi t of th e person taking, 1 Tex. App. 65.In Scotch law. The secret and feloniousabstraction of the property of anaLher for sakeof lucre, without his consent. Alis. Crim.

Law, 250.THEFT-BOTE. The offense committedby a party who, having been robbed and

knowing the felon, takes back his goodsagain. or recei v('s other amends, upon anagreement not to prosecute.

TheftM bote est amenda furti capta,sine c on s i d e r a t i o n e curim dominiregis. 3 Inst. 134. Theft -bote is the paying money to have goods stolen return ed,without having any respect for the court otthe king.

THELONIO IRRATIONABILI HABENDO. A writ that formerly Jay for himthat had any part of the king'a demesne infee-farm, to recover reasonable toll of theking's tenants there, if his demesne had beenaccustomed to be tolled. Reg. Orig. 87.

THELONIUM. An abolished writ forcitizens or burgesses to asse rt their right toexemption from toll. Fitzh. Nat. Brev. 226.THELONMANNUS. The toU-man orofficer who receives toll. Cowell.THELUSSON ACT. The statute 39 &40 Geo. III. C. 98, which restricted aCCUlDU-lations to a term of twenty-oneye ..rs from the


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TIlEME 1 1 6 ~ TlIlNGS ABE COXSTRUED. ETO.testator's death . I t was passed in consequence of litigation over th e will of one '.rheIUBson.

THEME . In Saxon law. Th e power ofhaville- jurisdiction over naifs or villeius.wiLh their !:iuits or offspring. lands. goods,and chattels. Co. J.Jitt. U6a.

THEMMAGIUM . A duty or acknowledgment paid by inferior tenants in respectof theme or t.eam. Cowell.

THEN. This wurd. as an ad verb. means"at that time," referring to a time specifiell,either past or future. I t has no power initself to fix a time. I t simply refers to atime already fixed. 16 S. C. 329. 1t mayalso denote a contingency. and lJe equivalentro "i n that event." 20 N. J . Law. 505.

THENCE. In surveying, and in descriptions or land by courses and distances, thisword, preceding each comse given, importsthat the f('lllowing course is continuous withthe one before it . 141 Mass. 66, 6 N. E.Rep. 702.

THEOCRACY. Government of a stateby the immediate direction of God. (or byth e asslimed direction of asupposiLitious divinity,) or the state thus governed.

T H E O D E N . In Saxon law. A h u s ~ band man or inferior tenant; an under-thane.Cowell.

THEODOSIAN C O D E . See CODE:X:TUI!.:ODOSIANU5.

THE OF. In Saxon law. Offenders whoJoined in 8 body of seven to commit depredations. Wharton.

T H E O W E S , T H E O W M E N , orTHEWS. In feudal law. Slaves. captives,or bondmen. Spel. Feuds. c. 5.

THEREUPON. At once; without interruption; without delay or lapse of time. 133Mass. 205.

THESAURER. Treasurer. 3 State Tr .69I.THESAURUS, THESAURIUM. Th etreasury; a treasure.

THESAURUS ABSCONDITUS. Inold English law. Treasure hidden or buried.Spelman.

Thesaurus competi t domino reg

black's law 1st edition - sec. t

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