Legal Articles

TESTIMONIAL

Besides its ordinary meaning of a written recommendation to character, “testimonial” has a special meaning, under St. 39 Eliz. c. 17,

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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 should make the satisfaction. 4 Bouv. Inst, note 3730.

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THEREUPON

At once; without interruption ; without delay or lapse of time. Putnam v. Langley, 133 Mass. 205.

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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.

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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.

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TIERCE

A liquid measure, containing the third part of a pipe, or forty-two gallons. i

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TINKERMEN

Fishermen who destroyed the young fry ou the river Thames by nets and unlawful engines. Cowell.

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TITULUS

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. Titulns est justa causa possidendi id qnod nostrum est; dicitur a tuendo. 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 mentioued. Montgomery v. Reed, 60 Me. 514.

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TOLLSESTER

Au old excise; a duty paid by tenants of some mauors to the lord for liberty to brew and sell ale. Cowell.

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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 au 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 con- tract. 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. 18S2,

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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.

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TRAD AS IN B ALLIUM

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 ct alia, 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 main- pernors for him, he should deliver him in bail to those twelve, until the next assize, Bract, fol. 123; 1 Iteeve, Eng. Law, 252.

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TRAINBANDS

The militia; the part of a community trained to martial exercises.

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TRANSFEREE

He to whom a transfer is made.

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TRANSLATITIUM EDICTUM

Lat In Roman law. The praetor, on his accession to ollice, did not usually publish an entirely new edict, but retained the whole or a part of that promulgated by bis 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,

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TREACHER, TRECHETOUR, or TREACHOUR

A traitor.

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TRESAYLE

An abolished writ sued on ouster by abatement, on the death of the grandfather’s grandfather.

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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.)

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TRISTRIS

In old forest law. A freedom from the duty of attending the lord of a forest when engaged In the chase. Spelman.

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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. 046, 44 Atl. 1094, 74 Am. St. Rep. 703; Beers v. Lyon, 21 Conn. 613; Seymour v. Freer, 8 Wall. 202, 19 L. Ed. 300. An obligation arising out of a confidence reposed in the trustee or representative, who has 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. 9G0. A holding of property subject to a duty of employing it or applying its proceeds ac- cording to directions given by the person from whom it was derived. Munroe v. Crouse. 59 Hun. 248, 12 N. Y. Supp. 815.

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