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A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z <% End If objRecordset.MoveNext WEND objRecordset.Close Set objRecordset = Nothing %> TABELLIO. An officer among the Romans who reduced to writing and into proper form, agreements, contracts, wills, and oth TABLEAU OF DISTRIBUTION. In Louisiana this is a list of creditors of an insolvent estate, stating what each is entitled to. 4 N. S. 535 TABLES. A synopsis in which many particulars are brought together in a general view; as genealogical tables, which are TABULA IN NAUFRAGIO, Engl. law. Literally a plank in a wreck. This figure has been used to denote the condition of a third mortgage TACIT . That which, although not expressed, is understood from the nature of the thing, or from the provision of the TACIT LAW. A law which derives its authority from the common consent of the people, without any legislative enactment. 1 TACK , Scotch law. A contract of location by which the use of land, or any other immovable subject, is, set to the TACKING, Engl. law. The union of securities given at different times, so as to prevent any intermediate purchasers clai TAIL. An estate tail is an estate of inheritance, to a man or a woman and his or her heirs of his or her body, or he TAKE . This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To TAKING, crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is TALE , comm. law. A denomination of money in China. In the computation of the ad valorem duty on goods, &c. it is c TALE, Eng. law. The declaration or count was anciently so called in law pleadings. 3 Bl. Com. 293. TALES DE CIRCUMSTANTIBUS, practice. Such persons as are standing round. When ever the panel of the jury is exhausted the court order tha TALES, Eng. law. The name of a book kept in the king's bench office, of such jurymen as were of the tales. See Tales TALLAGE. This word is derived from the French tailler, and signifies liter-ally to cut. In England it is used to signif TALLIES , evidence. The parts of a piece of wood out in two, which persons use to denote the quantity of goods supplie TALZIE, HEIR IN. Scotch law. Heirs of talzie or tailzie, are heirs of estates entailed. 1 Bell's Com. 47. TANGIBLE PROPERTY. That which may be felt or touched; it must necessarily be corporeal, but it may be real or personal. A house a TARDE VENIT, Practice. The name of a return made by the sheriff to a writ, when it came into his hands too late to be execu TARE, weights. An allowance in the purchase and sale of merchandise, for the weight of the box, bag, or cask, or oth TARIFF. Customs, duties, toll. or tribute payable upon merchandise to the general government is called tariff; the rat TAVERN. A place of entertainment; a house kept up for the accommodation of strangers. 2. These are regulated by variou TAXES. This term in its most extended sense includes all contributions imposed by the government upon individuals for TAXING COSTS , practice. The act by which it is ascertained to what costs a party is entitled. 2. It is a rule that the jur TEAMSTER . One who drives horses in a wagon for the purpose of carrying goods for hire he is liable as a common carrier TECHNICAL. That which properly belongs to an art. 2. In the construction of contracts, it is a general rule that technica TEINDS, Scotch Law. That liquid proportion of the rents or goods of the people, which is due to churchmen for performi TELLER. An officer in a bank or other institution. He is said to take that name from tallier, or one who kept a tally, TEMPORARY. That which is to last for a limited time; as, a temporary sta-tute, or one which is limited in its operation f TENANCY or TENANTCY. The state or condition of a tenant; the estate held by a tenant, as a tenant at will, a tenancy for years. TENANT , estates. One who holds or possesses lands or tenements by any kind of title, either in fee, for life, for ye TENANT BY THE MANNER. One who has a less estate than a fee in land, which remains in the reversioner. He is so called because in avo TENANT OF THE DEMESNE , Eng. law. One who is tenant of a mesne lord; as where A is tenant of B, and C of A; B is the lord, A the mes TENANT PARAVAIL, English law. The tenant of a tenant; and is so called because he has the avails or profits of the land. Ham. N TENANT RIGHT, Eng. law. In leases from the crown, corporations or the church, it is usual to grant a further term to the old TENDER , contracts, pleadings. A tender is an offer to do or perform an act which the party offering, is bound to per TENEMENT , estates. In its most extensive signification tenement comprehends every thing which may be holden, provided TENENDAS, Scotch law. The name of a clause in charters of heritable rights which derives its name from its first words t TENENDUM, conveyancing. This is a Latin word, which signifies to hold. 2. It was formerly that part of a deed which was TENERI, contracts. That part of a bond where the obligor declares himself to be held and firmly bound to the obligee, TENET. Which he holds. There are two ways of stating the tenure in an action of waste. The averment is either in the TENNESSEE. The name of one of the new states of the United States of America. This state was admitted into the Union by v TENOR, pleading. This word, applied to an instrument in pleading, signifies an exact copy; it differs from purport. ( TENSE. A term used in, grammar to denote the distinction of time. 2. The acts of a court of justice ought to be in th TENUIT. Which he held. When the tenancy is ended and the tenant is sued in an action of waste, the averment of tenure TENURE, estates. The manner in which lands or tenements are holden. 2. According to the English law, all lands are hel TERCE, law of Scotland. A life-rent competent by law to widows who have not accepted of special provisions in the thi TERM ATTENDANT ON THE INHERITANCE. This phrase is used in the English courts of equity, to signify that when a term has been created for a partic TERM FOR YEARS. An estate for years, (q. v.) and the time during which such estate is to be beld, are each called a term; henc TERM PROBATORY. A probatory term is the time during which evidence may be taken in a cause. Vide Probatory term. TERM, construction. Word; expression speech. 2. Terms or words are characters by which we announce our sentiments, a TERM, contracts. This word is used in the civil, law to denote the space of time granted to the debtor for dischargi TERM, estates. The limitation of an estate, as a term for years, for life, and the like. The word term does not mere TERM, practice. The space of time during which a court holds a session; sometimes the term is a monthly, at others i TERMINUM. In the civil law, says Spelman, this word signifies a day set to the defendant, and, in that sense, Bracton, G TERMINUS A QUO. The starting point of a private way is so called. Hamm. N. P. 196. TERMINUS AD QUEM. The point of termination of a private way is so called. TERMOR. One who holds lands and tenements for a term of years or, life. Litt. sect. 100; 4 Tyr. 561. TERRE-TENANT, or improperly terre-tenant. One who has the actual possession of land; but in a more technical sense, he who i TERRIER, Engl. Iaw. A roll, catalogue or survey of lands, belonging either to a single person or a town, in which are s TERRITORIAL COURTS. The courts established in the territories of the United States. Vide Courts of the United States. TERRITORY. Apart of a country, separated from the rest, and subject to a particular jurisdiction. The word is derived fro TERROR. That state of the mind which arises from the event or phenomenon that may serve as a prognostic of some catast TERTIUS INTERVENIENS , civil law. One, who claiming an interest in the subject or thing in dispute in action between other parties, TEST. Something by which to ascertain the truth respecting another thing. 7 Penn. St. Rep. 428; 6 Whart. 284. Vide R TESTACY. The state or condition of dying after making a will, which was valid at the time of testator's death. TESTAMENT , civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by l TESTAMENTARY. Belonging to a testament; as a testamentary gift; a testamen-tary guardian, or one appointed by will or testam TESTATE. One who dies having made a testament; a testator. This word is used in this sense, in the act of the legislatu TESTATOR. One who has made a testament or will. 2. In general, all persons may be testators. But to this rule there are TESTATRIX. A woman who makes a will or testament, is so called. TESTATUM, conveyancing. That part of a deed which commences with the words "this indenture witnesseth." TESTATUM, practice. The name of a writ which is issued by the court of one county, to the sheriff of another county, in TESTE , practice. The teste of a writ is the concluding clause, commencing with the word witness, &c. 2. The act of TESTES. Witnesses. TESTIMONIAL PROOF , civ. law. This word is used in the same sense as we use parol evidence, and, in contradistinction to literal TESTIMONY, evidence. The statement made by a witness under oath or affirmation. Vide Bill to perpetuate testimony. TESTMOIGNE. This is an old and barbarous French word, signifying in the old books, evidence. Com. Dig. h. t. TEXAS. The name of one of the new states of the United, States of America. Texas was an independent republic. By the THAINLAND, old Eng. law. The land which was granted by the Saxon kings to their thains or thanes was so called. Crabb's C THEFT , crimes. This word is sometimes used as synonymous with larceny, (q. v.) but it is not so technical. Ayliffe' THEFT-BOTE. The act of receiving a man's goods from the thief, after they had been stolen by him, with the intent that he THEOCRACY. A species of government which claims to be immediately directed by God. 2. La religion qui, dans l'antiquite, THIEF, crimes. One who has been guilty of larceny or theft. THING ADJUDGED. That which has been decided by a final judgment, by a tribu-nal of competent jurisdiction, from which there ca THINGS. By this word is understood every object, except man, which may become an active subject of right. Code du Cant THIRD PARTIES. This term includes all persons who are not parties to the contract, agrement or instrument of writing, by whic THIRLAGE, Scotch law. The name of servitude by which lands are astricted or thirled to a particular mill, and the posses THOROUGHFARE. A street or way so open that one can go through and get out of it without returning. It differs from a cul de THOUGHT. The operation of the mind. No one can be punished for his mere thoughts however wicked they may be. Human laws THREAD. A figurative expression used to signify the central line of a stream or water course. Harg. Tracts, 5; 4 Mason THREAT, crim. law. A menace of destruction or injury to the lives or property of those against whom it is made. 2. Sen THREAT, evidence. Menace. 2. When a confession is obtained from a person accused of crime, in consequence of a threat, THROAT, med. jur. The anterior part of the neck. Dungl. plea. Diet. h. t.; Coop. Dict. h. t.; 2 Good's Study of Med. 3 TICK, contracts. Credit; as, if a servant usually buy for the master upon tick, and the servant buy something withou TIDE. The ebb and flow of the sea. 2. Arms of the sea, bays, creeks, coves, or rivers, where the tide ebbs and flows TIE. When two persons receive an equal number of votes at an election, there is said to be a tie. 2. In that case n TIEL. An old manner of spelling tel. Such as nul tiel record, no such record. TIEMPO INHABIL . A Spanish phrase used in Louisiana, to express a time when a man is not able to pay his debts. 2. A man can TIERCE, measures. A liquid measure containing the third part of a pipe, or forty-two gallons. TIGNI IMMITTENDI , civil law. The name of a servitude; it is the right of inserting a beam or timber from the wall of one house TIMBER TREES. According to Blackstone, oak, ash, elm, and such other trees as are commonly used for building, are considered TIME, contracts, evidence, practice. The measure of duration., It is divided into years, months. days, (q. v.) hours TIME, pleading. The avertment of time is generally necessary in pleading; the rules are different, in different acti TIPPLING HOUSE. A place where spirituous liquors are sold and drunk in vio-lation of law. Sometimes the mere selling is consid TIPSTAFF. An officer appointed by the marshal of the court of king's bench, to attend upon the judges with a kind of a r TITHES, Eng. law. A right to the tenth part of the produce of, lands, the stocks upon lands, and the personal industry TITHING, Eng. law. Formerly a district containing ten men with their fam-ilies. In each tithing there was a tithing man TITLE estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession o TITLE DEEDS. Those deeds which are evidences of the title of the owner of an estate. 2. The person who is entitled to the i TITLE OF A DECLARATION, pleading. At the top of every declaration the name of the court is usually stated, with the term of which the TITLE, Iiterature. The particular division of a subject, as a law, a book, and the like; for example, Digest, book 1, TITLE, legislation That part of an act of the legislature by which it is known, and distinguished from other acts the TITLE, persons. Titles are distinctions by which a person is known. 3. The constitution of the United States forbids TITLE, pleading, rights. The right of action which the plaintiff has; the declaration must show the plaintiff's title TITLE, rights. The name of a newwpaper a book, and the like. 3. The owner of a newspaper, having particular title, ha TO ABET , crim. law. To encourage or set another on to commit a crime. This word is always taken in a bad sense. To ab TO ABRIDGE , practice. To make shorter in words, so as to retain the sense or substance. In law it signifies particularly TO ACCREDIT , international law. The act by which a diplomatic agent is acknowledged by the government near which he is se TO ACCRUE . Literally to grow to; as the interest accrues on the principal. Accruing costs are those which become due an TO ACQUIRE , descents, contracts. To make property one's own. 2. Title to property is acquired in two ways, by descent, ( TO ADMINISTER , trusts. To do some act in relation to an estate, such as none but the owner, or some one authorized by him o TO ADMINISTER, ADMINISTERING . The stat. 9 G. IV. c. 31, S. 11, enacts "that if any person unlawfully and maliciously shall administer, or TO AFFERE , English law. Signifies either "to affere an amercement," i. e. to mitigate the rigor of a fine; or "to affer TO AFFIRM , practice. 1. To ratify or confirm a former law or judgment, as when the supreme court affirms the judgment o TO AFFRANCHISE . To make free. TO ALIENE , contracts. See Alienate. TO ALLOW , practice. To approve; to grant; as to allow a writ of error, is to approve of it, to grant it. Vide Allocatu TO ALTER . To change. Alterations are made either in the contract itself, or in the instrument which is evidence of it. TO APPROVE , approbare. To increase the profits upon a thing; as to approve land by increasing the rent. 2 Inst. 784. TO ARRIVE . To come to a particular place; to reach a particular or certain place as, the ship United States arrived in TO ASSESS . 1. To rate or to fix the proportion which every person has to pay of any particular tax. 2. To assess damage TO ASSIGN , contracts; practice. 1. To make a right over to another; as to assign an estate, an annuity, a bond, &c., ov TO ATTACH , crim. law, practice. To an attachment for contempt for the non-take or apprehend by virtue of the order of a TO BEAR DATE . In the description of a paper in a declaration, to say it bears date such a day, is to aver that such date i TO BEQUEATH . To give personal property by will to another. TO BIND, BINDING , contracts. These words are applied to the contract entered into, between a master and an apprentice the latt TO BIND, OR TO BIND OVER , crim. law. The act by which a magistrate or a court hold to bail a party, accused of a crime or misdemeanor. TO BRAND . An ancient mode of punishment, which was to inflict a mark on an offender with a hot iron. This barbarous pu TO BUY . To purchase. Vide Sale. To CASHIER , punishment. To break; to deprive a military man of his office. Example: every officer who shall be convicted TO CEDE , civil law. To assign; to transfer; as, France ceded Louisiana to the United States. TO COMMIT . To send a person to prison by virtue of a warrant or other lawful writ, for the commission of a crime, offen TO COMMUTE . To substitute one punishment in the place of another. For example, if a man be sentenced to be hung, the exe TO COMPASS . To imagine; to contrive. 2. In England, to compass the death of the king is high treason. Bract. 1. 3, c. 2 TO CONCUR . In Louisiana, to concur, signifies, to claim a part, of the estate of an insolvent along with other claimant TO CONSTITUTE , contr. To empower, to authorize. In the common form of letters of attorney, these words occur, I nominate, c TO COUNTERFEIT , criminal law. To make something false, in the semblance of that which is true; it always implies a fraudulen TO CRAVE . To ask; to demand. 2. This word is frequently used in pleading; as,-to crave oyer of a bond on which the sui TO CRIMINATE . To accuse of a crime; to admit having committed a crime or misdemeanor. 2. It is a rule, that a witness cann TO CUT , crim. law. To wound with an instrument having a sharp edge. 1 Russ. on Cr. 577. Vide To Stab; Wound. TO DECEIVE . To induce another either by words or actions, to take that for true which is not so. Wolff, Inst. Nat. ?356. TO DECLARE . To make known or publish. By tho constitution of the United States, congress have power to declare war. In t TO DEFEND . To forbid. This word is used in some old English statutes in the sense it has in French, namely, to forbid. TO DEGRADE, DEGRADING . To, sink or lower a person in the estimation of the public. 2. As a man's character is of great importance t TO DELIBERATE . To examine, to consult, in order to form an opinion. Thus, a jury deliberate as to their verdict. TO DEPOSE , practice. To make a deposition; to give testimony as a witness. TO DEPOSE , rights. The act of depriving an individual of a public employment or office, against his will. Wolff, ?1063. TO DICTATE . To pronounce word for word what is destined to be at the same time written by another. Merlin Rep. mot Sugge TO DISAVOW . To deny the authority by which an agent pretends to have acted as when he has exceeded the bounds of his aut TO DISCREDIT , practice, evidence. To deprive one of credit or confidence. 2. In general, a party may discredit a witness c TO DISHONOR , contr. This term is applied to the nonfulfilment of commercial engagements. To dishonor a bill of exchange, TO DISMISS A CAUSE , practice. A term used in courts of chancery for removing a cause out of court without any further hearing. TO DISPAUPER , Eng. law. To deprive a person of the privilege of suing in forma pauperis. (q. v.) 2. When a person has been TO DISPONE , Scotch law. This is a technical word, which implies, it is said, a transfer of feudal property by a particul TO DISSUADE , crim. law. To induce a person not to do an act. 2. To dissuade a witness from giving evidence against a pers TO DISTRAIN . To take an keep any personal chattel in custody, as a distress. (q. v.) TO EMIT . To put out; to send forth, 2. The tenth section of the first article of the constitution, contains various p TO ENACT . To establish by law; to perform or effect; to decree. The usual formula in making laws is, Be it enacted. TO ENFEOFF . To make a gift of any corporeal hereditaments to another. Vide Feoffment. TO ENFRANCHISE . To make free to incorporate a man in a society or body politic. Cunn. L. D. h. t. Vide Disfranchise. TO ENGROSS , practice, conveyancing. To copy the rude draught of an instrument in a fair and large hand. See 3 Bouv. Inst TO ENJOIN . To command; to require; as, private individuals are not only permitted, but enjoined by law to arrest an off TO ENLARGE . To extend; as, to enlarge a rule to plead, is to extend the time during which a defendant may plead. To enla TO ENPANEL , practice. To make a list or roll, by the sheriff or other authorized officer, of the names of jurors who are TO ENROLL . To register; to enter on the rolls of chancery, or other court's; to make a record. TO ENTAIL . To create an estate tail. Vide Tail. TO ENURE . To take, or have effect or serve to the use, benefit, or advantage of a person. The word is often written in TO EXECUTE . To make, to perform, to do, to follow out. This term is frequently used in the law; as, to execute a deed is TO EXHIBIT . To produce a thing publicly, so that it may be taken possession of, or seized. Dig. 10, 4, 2. To exhibit mea TO FALSIFY , chancery practice. When a bill to open an account has been filed, the plaintiff is sometimes allowed to surc TO FALSIFY , crim. law. To prove a thing to be false; as, " to falsify a record." Tech. Dict.; Co. Litt. 104 b. To alter To FARM LET . These words in a lease have the effect of creating a lease for years. Co. Litt. 45 b; 2 Mod. 250. TO FIX . To render liable. 2. This term is applied to the condition of special bail; when the plaintiff has issued a TO FORSWEAR , crim. law, torts. To swear to a falsehood. 2. This word has not the same meaning as perjury. It does not, e TO GARNSIH . To warn; to garnish the heir, is to warn the heir. Obsolete. To HARBOR , torts. To receive clandestinely or without lawful authority a person for the purpose of so concealing him th TO HAVE . These words are used in deeds for the conveyance of land, in that clause which usually declared for what est TO HOLD . These words are now used in a deed to express by what tenure the grantee is to have the land. The clause whi TO HONOR , contr. To accept a bill of exchange; to pay a bill accepted, or a promissory note, on the day it becomes due TO IMAGINE , Eng. law. In cases of treason the law makes it a crime to imagine the death of the king. In order to complet TO IMPANEL , practice. The writing the names of a jury on a schedule, by the sheriff or other officer lawfully authorized TO INCULPATE . To accuse one of a crime or misdemeanor. TO INDORSE . To write on the back. Bills of exchange and promissory notes are indorsed by the party writing his name on t TO INSTITUTE . To name or to make an heir by testament. Dig. 28, 5, 65. To make an accusation; to commence an action. TO INURE . To take effect; as, the pardon inures. TO INVEST , contracts. To lay out money in such a manner that it may bring a revenue; as, to invest money in houses or s TO LET. To hire, to lease; to grant the use and possession of something for a compensation. 2. This term is applied to TO LIE. That which is proper, is fit; as, an action on the case lies for an injury committed without force; corporeal TO MAIM, crim. law. To deprive a person of such part of his body as to ren- der him less able in fighting or defending TO MAKE. English law. To perform or execute; as to make his law, is to per- form that law which a man had bound himself TO MUSTER, mar. law. By this term is understood to collect together and exhibit soldiers and their arms; it also signifie TO OBSERVE , civil law. To perform that which has been prescribed by some law or usage. Dig., 1, 3, 32. TO OPEN A CREDIT . When a banker accepts or pays a bill of exchange drawn on him by a correspondent, who has not furnished him TO OPEN, OPENING . To open a case is to make a statement of the pleadings in a case, which is called the opening. 2. The openin TO OVERDRAW . To draw bills or cheeks upon an individual, bank or other corporation, for a greater amount of funds than th TO OVERRULE . To annul, to make void. This word is frequently used to signify that a case has been decided directly opposi TO PACK . To deceive by false appearance; to counterfeit; to delude; as packing a jury. (q. v.) Bac. Ab. Juries, M; 12 TO PASS . To accomplish, to complete, to decide. 2. The title to goods passes by the sale whenever the parties have a TO PERISH . To come to an end; to cease to be; to die. 2. What has never existed cannot be said to have perished. 3. W TO PERSONATE , crim. law. The act of assuming the character of another without lawful authority, and, in such character, do TO PERSUADE, PERSUADING . To persuade is to induce to act: persuading is inducing-others to act. lnst. 4, 6, 23; Dig. 11, 3, 1, 5. 2. TO PLEAD . The formal entry of the defendant's defence on the record. In a popular sense, it signifies the argument in TO PLUNDER . The capture of personal property on land by a public enemy, with a view of making it his own. The property s TO PROPOUND . To offer, to propose; as, the onus probandi in every case lies upon the party who propounds ia will. 1 Curt. TO PUT , pleading. To select, to demand; as, the said C D puts himself upon the country; that is, he selects the tria To QUARTER . A barbarous punishment formerly inflicted on criminals by tearing them to pieces by means of four horses, on TO QUASH , practice. To overthrow or annul. 2. When proceedings are clearly irregular and void the courts will quash th TO REBUT . To contradict; to do away as, every homicide is presumed to be murder, unless the contrary appears from evid TO RECALL , international law. To deprive a minister of his functions; to supersede him. TO RECALL A JUDGMENT . To reverse a judgment on a matter, of fact; the judgment is then said to be recalled or revoked, and when it TO RECEIVE . Voluntarily to take from another what is offered. 2. A landlord, for example, could not be said to receive t TO RECORD , the act of making a record. 2. Sometimes questions arise as to when the act of recording is complete, as in TO RECOUPE . This word is derived from the French recouper, to cut again. In law it signifies the right and the act of ma TO REFRESH . To reexamine a subject by having a reference to something connected with it. 2. A witness has a right to exa TO REFUND . To pay back by the party who has received it, to the party who has paid it, money which ought not to have be TO REMAND . To send back or recommit. When a prisoner is brought before a judge on a habeas corpus, for the purpose of o TO REMIT . To annul a fine or forfeiture. 2. This is generally done by the courts where they have a discretion by law: TO RENOUNCE . To give up a right; for example, an executor may renounce the right of administering the estate of the testa TO REPRESENT . To exhibit; to expose before the eyes: to represent a thing is to produce it publicly. Dig. 10, 4, 2, 3. TO REPUDIATE . To repudiate a right is to express in a sufficient manner, a determination not to accept it, when it is offe TO RESTORE . To return what has been unjustly taken; to place the owner of a thing in the state in which he formerly was. TO RETAIN , practice. To engage the services of an attorney or counsellor to manage a cause, at which time it is usual t TO RETRACT . To withdraw a proposition or offer before it has been accepted. 2. This the party making it has a right to d TO REVERSE , practice. The decision of a superior court by which the judgment, sentence or decree of the inferior court i TO RULE . This has several meanings: 1. To determine or decide; as, the court rule the point in favor of the plaintiff TO SECURE. To protect, insure, or save a right. 2. The constitution of the United States, art. 1, s. 8, gives power to TO SEQUESTER, civil and eccles. law. To renounce. Example, when a widow comes into court and disclaims having anything to do TO SET ASIDE. To annul; to make void; as to set aside an award. 2. When proceedings are irregular they may be set aside on TO SETTLE. To adjust or ascertain to pay. 2. Two contracting parties are said to settle an account when they ascertain TO SEVER, practice. When defendants who are sued jointly have separate de-fences, they may in general sever, that is, ea To SIGN . To write one's name to an instrument of writing in order to give the effect intended; the name thus written TO SPEAK. This term is used in the English law, to signify the permission given by a court to the prosecutor and defenda TO STAB. To make a wound with a pointed instrument; a stab differs from a cut, (q. v.) or a wound. (q. v.) Russ. & Ry. TO STAND. To abide by a thing; to submit to a decision; to comply with an agreement; to have validity, as the judgment m TO STATE. To make known specifically; to explain particularly; as, to state an account, or to show the different items o TO STULTIFY . To make or declare insane. It is a general rule in the English law, that a man shall not be permitted to stu TO SUBDIVIDE. To divide a part of a thing which has already been divided. For example, when a person dies leaving children, TO SUE. To prosecute or commence legal proceedings for the purpose of recovering a right. TO SUMMON, practice. The act by which a defendant is notified by a compepetent officer, that an action has been institute TO SWEAR. To take an oath, judicially administered. Vide Affirmation; Oath. 2. To swear also signifies to use such prof TO TESTIFY. To give evidence according to law; the examination of a witness who declares his knowledge of facts. TO TOLL, estates, rights. To bar, defeat, or take away; as to toll an entry into lands, is to deny. or take away the ri TO UTTER, crim. law. To offer, to publish. 2. To utter and publish a counterfeit note is to assert and declare, directl TO VACATE . To annul, to render an act void; as to vacate an entry which has been made on a record when the court has be TO VEST, estates. To give an immediate fixed right of present or future enjoyment; an estate is vested in possession wh To WAIVE. To abandon or forsake a right. 2. To waive signifies also to abandon without right; as "if the felon waives, TO WIT. That is to say; namely; scilicet; (q. v.) videlicet. (q. v.) TO WIT. To know, that is to say, namely. See Scilicet. TOFT. A place or piece of ground on which, a house formerly stood, which has been destroyed by accident or decay; it TOGATI. Rom. civ, law. Under the empire, when the toga had ceased to be the usual costume of the Romans, advocates wer TOKEN, commercial law. In England, this name is given to pieces of metal, made in the shape of money, passing among p TOKEN, contracts, crimes. A document or sign of the existence of a fact. 2. Tokens are either public or general, or p TOLERAT10N. In some. countries, where religion is established by 1aw, cer-tain sects who do not agree with the established TOLL, contracts. A sum of money for the use of something, generally applied to the consideration which is paid for t TOLLS. In a general sense, tolls signify any manner of customs, subsidy, prestation, imposition, or sum of money dema TON . Twenty hundred weight, each hundred weight being one hundred and twelve pounds avoirdupois. See act of congr TONNAGE, mar. law. The capacity of a ship or vessel. 2. The act of congress of March 2, 1799, s. 64, 1 Story's L. U. S. TONTINE, French law. The name of a partnership composed of creditors or, re-cipients of perpetual or life-rents or annu TOOK AND CARRIED AWAY, pleadings. In an indictment for simple larceny, the words "feloniously took and carried away" the goods stolen TOOLS. The Massachusetts act of assembly of 1805, c. 100, which provided that "the tools of any debtor necessary for TORT. An injury; a wrong; (q. v.) hence the expression an executor de son tort, of his own wrong. Co. Lit. 158. 2. T TORTFEASOR . A wrong-doer, one who does wrong; one who commits a trespass or is guilty of a tort. TORTURE, punishments. A punishment inflicted in some countries on supposed criminals to induce them to confess their cr TOTAL . Complete; containing the whole; as the total amount of an account is all the items of such account added tog TOTAL LOSS. A technical expression, importing an utter loss of the property for the voyage, and no more. 1 T. R. 187. Vide TOTALITY. The whole sum or quantity. 2. In making a tender, it is requisite that the totality of the sum due should be o TOTIDEM VERBIS. In so many words. TOTIES QUOTIES. As often as the thing shall happen. TOUCH AND STAY . These words are frequently introduced in policies of insurance, giving the party insured the right to stop a TOUJOURS ET UNCORE PRIST. Always, and still ready. This is the name of a plea of tender, as where a man is indebted to another, and he t TOUR D'ECHELLE , French law. Tour d'echelle is a right which the owner of an estate has of placing ladders on his neighbor's TOUT TEMPS PRIST, pleading. These old French words signify always ready. The name of a plea to an action where the defendant all TOWAGE , contracts. That which is given for towing ships in rivers. Guidon de la Mer, ch. 16; Poth. Des Avaries, n. 1 TOWN. This word is used differently in different parts of the United States. In Pennsylvania and some other of the m TRADE MARKS. Signs, writings or tickets put upon manufactured goods, to distinguish them from others. 2. It seems at one ti TRADE. In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a TRADER. One who makes it his business to buy merchandise or goods and chattels, and to sell the same for the purpose o TRADITIO BREVIS MANUS. This term is used in the civil law to designate the delivery of a thing, by the mere consent of the parties; a TRADITION, contracts, civil law. The act by which a thing is delivered by one or more persons to one or more others. 2. I TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money and the like. TRAITOR, crimes. One guilty of treason. 2. The punishment of a traitor is death. TRAITOROUSLY, pleadings. This is a technical word, which is essential in an indictment for treason in order to charge the cr TRANSACTION, contracts, civil law. An agreement between two or more persons, who for the purpose of preventing or putting a TRANSCRIPT . A copy of an original writing or deed. 2. In Pennsylvania, the act of assembly of March 20th, 1810, s. 10, TRANSFER , cont. The act by which the owner of a thing delivers it to another person, with the intent of passing the ri TRANSFEREE. He to whom a transfer is made. TRANSFERENCE, Scotch law. The name of an action by which a suit, which was pending at the time the parties died, is transfer TRANSFEROR. One who makes a transfer. TRANSGRESSION. The violation of a law. TRANSHIPMENT, mar. law. The act of taking the cargo out of one ship and loading it in another. 2. When this is done from nec TRANSIRE, Eng. law. A warrant for the custom-house to let goods pass: a permit. (q. v.) See, for a form of a transire, H TRANSITORY ACTION, pract., plead. Actions are transitory when the venue may lawfully be laid in any county, though the cause of a TRANSITORY. That which lasts but a short time, as transitory facts that which may be laid in different places, as a transi TRANSITUS. The act of going, or of removing goods, from one place to another. The transitus of goods from a seller commen TRANSLATION. The copy made in one language of what has been written, or spoken in another. 2. In pleading, when a libel or TRANSMISSION, civ. law. The right which heirs or legatees may have of passing to their successors, the inheritance or legacy TRANSPORTATION, punishment. In the English law, this punishment is inflicted by virtue of sundry statutes; it was unknown to t TRAVAIL. The act of child-bearing. 2. A woman is said to be in her travail from the time the pains of child-bearing com TRAVERSE, crim. law practice. This is a technical term, which means to turnover: it is applied to an issue taken upon an TRAVERSE, pleading. This term, from the French traverser, signifies to deny or controvert anything which is alleged in t TREASON, crim. law. This word imports a betraying, treachery, or breach of allegiance. 4 Bl. Com. 75. 2. The constitut TREASURE TROVE. Found treasure. 2. This name is given to such money or coin, gold, silver, plate, or bullion, which having bee TREASURER OF THE UNITED STATES , government. Before entering on the duties of his office, the treasurer is required to give bond with suffici TREASURER. An officer entrusted with the treasures or money either of a private individual, a corporation, a company, or TREASURER. OF THE MINT. An officer created by the act of January 18, 1837, whose duties are prescribed as follows: The treasurer shall TREASURY . The place where treasure is kept the office of a treasurer. The term is more usually applied to the public t TREATY OF PEACE. A treaty of peace is an agreement or contract made by belligerent powers, in which they agree to lay down thei TREATY, international law. A treaty is a compact made between two or more independent nations with a view to the publi TREBLE COSTS, remedies. By treble costs, in the English law, is understood, 1st. The usual taxed costs. 2d. Half thereof. 3d TREBLE DAMAGES, remedies. In actions arising ex contractu some statutes give treble damages; and these statutes have been libe TREBUCKET. The name of an engine of punishment, said to be synonymous with tumbrel. (q. v.) TREE. A woody plant, which in respect of thickness and height grows greater than any other plant. 2. Trees are part TRESAILE or TRESAYLE, domestic relations. The grandfather's grandfather. 1 Bl. Com. 186. TRESPASS torts. An unlawful act committed with violence, ti et armis, to the person, property or relative rights of ano TRESPASS DE BONIS ASPORTATIS , practice. The action brought by the owner of goods for unlawfully taking and carrying them away, is so calle TRESPASS ON THE CASE , practice. The technical name of an action, instituted for the recovery of damages caused by an injury unacco TRESPASS QUARE CLAUSUM FREGIT , practice. This is the name of a remedy which lies to recover damages when the defendant has unlawfully and w TRESPASS VI ET ARMIS, practice. This is the remedy brought by the plaintiff for an immediate injury committed with force. It is dist TRESPASS, remedies. The name of an action, instituted for the recovery of damages, for a wrong committed against the pla TRESPASSER. One who couimits a trespass. 2. A man is a trespasser by his own direct actohen he acts without any excuse; or TRET, weights and measures. An allowance made for the water or TRIAL, practice., The examination before a competen TRIAL LIST . A list of cases marked down for trial for any one term. TRIBUNAL. The seat of a judge; the place where he administers justice; but by this term is more usually understood the w TRIBUTE. A contribution which is sometimes raised by the sovereign from his subject, to sustain the expenses of the sta TRINEPOS. This term was used among the Romans to denote the male descendant in the sixth degree in a direct line. It is TRINITY TERM, Eng. law. One of the four terms of the courts; it begins on the 22d day of May, and ends on the 12th of June. TRIORS, practice. Persons appointed according to law to try whether a person challenged to the favor is or is not qual TRIPARTITE. Consisting of three parts, as a deed tripartite, between A of the first part, B of the second part, and C of t TRIPLICATION , pleading. This was formerly used in pleading instead of rebutter. 1 Bro. Civ. Law, 469, n. TRITAVUS . The male ascendant in the sixth degree was so called among the Romans. For the female ascendant in the same TRIUMVIRI CAPITALES or TREVIRI or TRESVIRI, Rom, civ. law. Officers who had charge of the prison, through whose intervention punishments were inflicted. S TRIVIAL. Of small importance. It is a rule in equity that a demurrer will lie to a bill on the ground of the triviality TRONAGE, Engl. law. A customary duty or toll for weighing wool, so called because it was weighed by a common trona, or TROVER, remedies. Trover signifies finding. The remedy is called an action of trover; it is brought to recover the val TROY WEIGHT. A weight less ponderous than the avoirdupois weight, in the proportion of seven thousand, for the latter, to f TRUCE, intern. law. An agreement between belligerent parties, by which they mutually engage to forbear all acts of ho TRUE BILL , practice. These words are endorsed on a bill of indictment, when a grand jury, after having heard the witnes TRUST , contracts, devises. An equitable right, title or interest in property, real or personal, distinct from its l TRUSTEE PROCESS, practice. In Massacchusetts, this is a process given by statute, in imitation of the foreign attachment of the TRUSTEE, estates. A trustee is one to whom an estate has been conveyed in trust. 2. The trust estate is not subject to TRUSTER. He who creates a trust. A convenient term used in the laws of Scotland. 1 Bell's Com. 321, 6th ed. TRUTH. The actual state of things. 2. In contracts, the parties are bound to toll the truth in their dealings, and a TUB , measures. In mercantile law, a tub is a measure containing sixty pounds weight of tea; and from fifty-six to TUB-MAN, Eng. law. A barrister who has a pre-audience in the Exchequer, and also one who has a particular place in cour TUMBREL , punishment. A species of cart; according to Lord Coke, a dung-cart. 2. This instrument, like the pillory, wa TUN, measure. A vessel of wine or oil, containing four hogsheads. TURBARY, Eng. law. A right to dig turf; an easement. TURNKEY. A person under the superintendence of a jailor, whose employment is to open and fasten the prison doors and to TURNPIKE. A public road paved with stones or other hard substance. 2. Turnpike roads are usually made by corporations to TURPIS CAUSA , contracts. A base or vile consideration, forbidden by law, which makes the contract void; as a contract, the TURPITUDE. Everything done contrary to justice, honesty, modesty or good morals, is said to be done with turpitude. TUTELAGE. State of guardianship; the condition of one who is subject to the control of a guardian. TUTOR ALIENUS , Eng. law. The name given to a stranger who enters into the lands of an infant within the age of fourteen), a TUTOR PROPRTUS. The name given to one who is rightly a guardian in socage in contradistinction, to a tutor alienus. (q. v.) TUTOR, civil law. A person who has been lawfully appointed to the care of the person and property of a minor. 2. By t TUTORSHIP . The power which an individual, sui juris, has to take care of the person of one who is unable to take care o TUTRIX . A woman who is appointed to the office of a tutor. TWELVE TABLES . The name given to a code of Roman laws, commonly called the Law of the Twelve Tables. (q. v.) TWENTY YEARS. The lapse of twenty years raises a presumption of certain facts, and after such a time, the party against whom TYBURN TICKET , Eng. late. A certificate given to the prosecutor of a felon to conviction, is so called. 2. By the 10 & 11. TYRANNY, government. The violation of those laws which regulate the division and the exercises of the sovereign power o TYRANT, government. The chief magistrate of the state, whether legitimate or otherwise, who violates the constitution Quick Search Labor Law Posters Our Complete labor law poster combines the mandated State, Federal, & OSHA posters on one poster.

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