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evidence. Testimony is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, documents, admissions of parties, etc. Mann v. Higgins, 83 Cal. 66, 23 Pac. 206; Carroll v. Bancker, 43 La. Ann. 1078, 10 South. 102; Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N. W. 346; Harris v. Tom- linson, 130 Ind. 426, 30 N. E. 214. See EVI- DENCE.
The toll-man or officer who receives toll. Cowell.
Lat. In the civil and old European law. An aunt.
The term means, according to its derivation, a street or passage through which one can fare, (travel;) that is, a street or highway affording an unobstructed exit at each end into another street or public passage. If the passage is closed at one end, admitting no exit there, it is called a “cul de sac.” See Cemetery Ass’n v. Meninger, 14 Kan. 315; Mankato v. Warren, 20 Minn. 150 (Gil. 128); Wiggins v. Tallmadge, 11 Barb. (N. Y.) 462.
A colloquial expression for credit or trust; credit given for goods purchased.
In old Saxon law. An accusation.
In English law. An officer appointed by the marshal of the king’s bench to attend upon the judges with a kind of rod or staff tipped with silver, who take iuto their custody all prisoners, either committed or turned over by the judges at their chambers, etc. Jacob. In American law. An ofiicer appointed by the court, whose duty is to wait upon the court when It is in session, preserve order, serve process, guard juries, etc. TITHER 1157 TITLE
Lat. In Roman law. Advocates ; so called under the empire because they were required, when appearing in court to plead a cause, to wear the toya, which had then ceased to be the customary dress in Rome. Vicat
The capacity of a vessel for carrying freight or other loads, calculated iu tous. But the way of estimating the tonnage varies iu different countries. Iu England, tonnage denotes the actual weight in tous which the vessel can safely carry; in America, her carrying capacity estimated from the cubic dimensions of the hold. See ltoberts v. Opdyke, 40 N. Y. 259. The “tonnage” of a vessel is her capacity to carry cargo, and a charter of “the whole tonnage” of a ship transfers to the charterer only the space necessary for that purpose. Thwing v. Insurance Co.. 103 Mass. 405, 4 Am. Rep. 507. The tonnage of a vessel is her internal cubical capacity, in tons. Inman S. S. Co. v. Tinker, 94 U. S. 238, 24 L. Ed. 118.
In old English practice. A word written by the foreign opposer or other officer opposite to a debt due the king, to denote that it was a good debt; which was hence said to be totted.
In English law. Originally, a vill or tithing; but now a generic term, which comprehends under it the several species of cities, boroughs, and common towns. I Bl. Comm. 114. In American law. A civil and political division of a state, varying in extent and im- portance, but usually one of the divisions of a county. In the New England states, the town is the political unit, and is a municipal corporation. In some other states, where the county is the unit, the town is merely one of its subdivisions, but possesses some powers of local self-government. In still other states, such subdivisions of a county are called “townships,” aud “town” is the name of a village, borough, or smaller city. See Herrman v. Guttenberg, 62 N. J. Law, 605, 43 Atl. 703; Van Riper v. Parsons, 40 N. J. Law, 1; State v. Denny, 118 Ind. 449, 21 N. E 274, 4 L. R. A. 65; Sessions v. State, 115 Ga. 18, 41 S. E. 259; Milford v. Godfrey, 1 Pick. (Mass.) 97; Enfield v. Jordan, 119 U. S. 6S0, 7 Sup. Ct. 35S, 30 L. Ed. 523; Rogers v. Galloway Female College, 64 Ark. 027, 44 S. W. 454, 39 L. R. A. 030; Railway Co. v. Oconto, 50 Wis. 189, 0 N. W. 007, 30 Am. Rep. 840; Lovejoy v. Foxcroft, 91 Me. 307, 40 Atl. 141; Bloomfield v. Charter Oak Bank, 121 U. S. 121, 7 Sup. Ct. 805, 30 L. Ed. 923; Lynch v. Rutland, 66 Vt 570, 29 Atl. 1015.
A person engaged in trade; one whose business is to buy and sell mer- chandise, or any class of goods, deriving a profit from his dealings. 2 Kent, Comm. 389; State v. Chabourn. SO N. C. 481, 30 Am. Rep. 94; In re New York & W. Water Co. (D. C.) 98 Fed. 711; Morris v. Clifton Forge Grocery Co., 46 W. Va. 197, 32 S. E. 907.
Rails for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and convey the traffic. Wharton.
In old English law. A writ or action of trespass. Transgressione mnltiplicata, crescat poena; inflictio. When transgression is mul- tiplied, let the infliction of punishment be increased. 2 Inst 479.
In Scotch law, an action of transumpt is an action competent to any one having a partial interest in a writing, or immediate use for it, to support his title or defenses in other actions. It is directed against the custodier of the writing, calling upon him to exhibit it, in order that a transumpt, i. e., a copy, may be judicially made and delivered to the pursuer. Bell.
Literally, treasure found. Money or coin, gold, silver, plate or bullion found hidden iu the earth or other private place, the owner thereof being un- known. 1 Bl. Comm. 205. Called in Latin “thesaurus inventus;” and in Saxon “fyn- deringa.” See Huthmacher v Harris, 38 Pa. 490, SO Am. Dec. 502; Livermore v. White, 74 Me. 450, 43 Am. Rep. 000; Soveru v. Yoran, 10 Or. 209, 20 Pac. 100, 8 Am. St Rep. 293.
In old English law. A tritliiug; the court of a trithing.
Lat. In the civil law. A great-grandson’s or great-granddaughter’s great- granddaughter. A female descendant in the sixth degree. Inst. 3, 6, 4.
Lat. In Roman law. Officers who had charge of the prison, through whose intervention punishments were inflicted. They had eight lictors to execute their orders. Vicat, Voc. Jur.
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