Black's Law Dictionary

He that holds lands or tenements for a term of years or life. But we generally confine the application of the word to a person entitled for a term of ycars. Mozley & Whitley.

The period of time allowed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote, Ecc. Pr. 240, 241.

In English ecclesiastical practice. An appointment by the judge of a time at which bath parlies are understood to renounce all further exhibits and allegations. —1Term to propound

Lat Earth; soll; arable land. Kennett, Gloss. —Terra affirmata. Land let to farm. —Terra boscalis. Woody land. —Terra culta. Cultivated land. —Terra debilis. Weak or barren land. —

Land let to farm.

Woody land.

Cultivated land.

Weak or barren land.

The demesne land of a manor. Cowell.

Land which may be plowed. Mon. Ang. i. 428.

A writ addressed to an escbeator, etc., that he inquire and find out the true yearly value of any land, etc., by the oath of twelve men, and to certify the extent into the chancery

Fresh land, not lately plowed. Cowell.

In old English law. A kind of tax or charge on land; a boon or duty of plowing, reaping, etc. Cowell.

An exemption from all uncertain services. Cowell.

Land subject to the payment of hydage. Selden.

Land gained from the sea or inclosed out of a waste. Cowell.

Land held by a Norman. Parochi Antiq. 197.

Land newly converted from wood ground or arable. Cowell.

Land in forests, held by the tenure of furnishing food to the keepers therein. 4 Inst. 307.

In old English law. A landholder.

Gravelly or sandy ground.

In Salic law. The land of the house; the land within that inclosure which belonged to a German house. No portion of the inheritance of Salic land passes to a woman, but this the ma

Gavel-kind land, being disposable by will. Spelman.

Land sown with com. Cowell.

Tillable land. Cowell.

Land that has the liberty of free-warren.

He who is literally in the ocoupation or possession of the land, as distinguished from the owner out of possession. But, in a more technical sense, the person who is seised of the

In English law. A land-roll or survey of lands, containing the quantity of acres, tenants' names, and such like; and in the exchequer there is a terrier of all the glebe lands in E

A writ for a clerk to recover his lands, goods, and chattels, formerly seized, after he had cleared himself of the felony of which ha was accused, and delivered to his ordinary to

A judicial writ for the restoring of lands or goods to a debtor who is distrained above the amount of the debt. Reg. Jud.

A writ that lay for a man convicted by attaint, to bring the record and process before the king, and take a fine for his imprisonment, and then to deliver to him his lands and tene

The courts established in the territories of the United States.

Jurisdiction considered as limited to cases arising or persons residing within a defined territory, as, a county, a judicial district, etc. The authority of any court is limited by

These terms are used to signify connection with', or limitation with reference to, a particular country or territory. Thus, "territorial law" is the correct expression for the law

A part of a country separated from the rest, and subject to a particular jurisdiction. In American law.' A portion of the United States, not within the limits of any state, which h

The territorial jurisdiction of a judge; the bounds, or district, within which he knay lawfully exercise his judicial authority. Phillips v. Thralls, 26 Kan. 781.

Alarm; fright; dread; the state of mind induced by the apprehension of hurt from some hostile or threatening event or manifestation; fear caused by the appearance of danger. In an

The demesne lands of the crown. Terra manens vacua occupanti conceditur. 1 Sid. 347. Land lying unoccupied is given to the first occupant

Lat In the civil law. A third person intervening; a third person who comes in between the parties to a suit; one who interpleads. Gll-bert's Forum Rom. 47.

Lat In old English law. Third publication or proclamation of intended marriage.

To bring one to a trial and examination or to ascertain the truth or the quality or fitness of a thing. Something by which to ascertain the truth respecting another thing; a criter

A person is said to be testable when he has capacity to make a wlll; a man of twenty-one years of age and of sane mind is testable.

The sta]ute 25 Car. II. c. 2, which directed all civil and military officers to take the oaths of allegiance and supremacy, and make the declaration against transubstan-tiation, wi

An action selected out of a considerable number of suits, concurrently depending in the same court, brought by several plaintiffs against the same defendant, or by one plaintiff ag

The sinte or condition of leaving a will at one's death. Opposed to "intestacy."

An ancient and authentic rcoord in two volumes, in the custody of the king's remembrancer in the exchequer, said to be compiled by John de Nevil, a justice itinerant, in the eighte

A disposition of personui property to take place after the owner's decease, according to his desire and direction. Pluche v. Jones, 54 Fed. 865, 4 C. C. A. 622; Aubert's Appeal, 10

Co. Litt. 112. When two conflicting wills are found, the last prevails; so it is when two conflicting clauses occur in the same wlll.

Jenk. Cent. 81. Wllls ought to have the broadest interpretation.

Pertaining to a will or testament; as testamentary causes. Derived from, founded on or appointed by a testament or will; as a testamentary guardian, letters testamentary, etc. A pi

That measure of mental ability which is recognized in law as sufficient for the making a will. See Nicewander v. Nicewander, 151 111. 156, 37 N. E. 698; Delafield v. Parish, 25 N.

In English law. Causes or matters relating to the probate of wills, the granting of administrations, and the suing for legacies, of which the ecclesiastical courts have jurisdictio

A disposition of property by way of gift, which is not to take effect unless the grantor dies or until that event. Diefendorf v. Diefendorf, 56 Hun, 639, 8 N. Y. Supp. 617; Chestnu

A guardian appointed by the last will of a father for the person and real and personal estate of his child until the latter arrives of full age. 1 Bl. Comm. 462; 2 Kent, Comm. 224.

An instrument in the nafure of a will; an unprobated will; a paper writing which is of the character of a will, though not formally snch, and which, if allowed as a testament, will

In the civil law, that which resalts from the institution of an heir in a testament executed in the form prescribed by law. Civ. Code La. 1900, art. 876,

A trustee appointed by or acting under a will; one appointed to carry out a trust created by a will. The term does not ordinarily include an executor or an administrator with the w

Lat In the civil law. The ceremony of making a testament, either as testator, heir, or witness.

Lat. In the civil law. A testament; a will or last will. In old English law. A testament or will; a disposition of property made in contemplation of death. Bract, fol. 60. A genera

Every will is perfected by death. A will speaks from the time of death only. Co. Litt. 232. '

A testament is the just expression of our wili concerning that which any one wishes done after his death, [or, as Blaekstone translates, "the legal declaration of a man's intention

Co. Litt. 322. A testament, i. e., the witnessing of one's intention, made under no present fear of danger, but in expectancy of death.

Lat. In the civil law. An inofficious testament, (q. v.)

Lat. In the civil law. To testify; to attest; to declare, publish or make known a thing before witnesses. To make a will. Calvin.

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

Witness; evidence.

One who makes or has made a testament or wlll; one who dies leaving a will. This term is borrowed from the civil law. Inst. 2, 14, 5, 6.

Co.. Litt. 322. The last will of ,a testator is to be thoroughly fulfilled aocord-ing to his real intention.

A woman who makes a wlll; a woman who dies leaving a will; a female testator.

In practice. When a writ of execution has been directed to the sheriff of a connty, and he returns that the defendant is not found in his bailiwick or that he has no goods there, a

See Testatum. —-General execution. A writ commanding an officer to satisfy a judgment out of any personal property of the defendant. If authorizing him to levy only on certain spec

In practice, A writ containing a testatum clause; such as a testatum capias, a testatum ft. fa., and a testatum ca. so. See Testatum.

Lat. In the civll law. Testate; one who has made a will. Dig. 50, 17, 7.

To be tested is to bear the teste, (q. v.)

Lat. In old English law and practice. A solemn formula of attestation by the sovereign, used at the conclusion of charters, and other publlc instruments, and also of original writs

In practice. The concluding clause, cemmencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested. "Teste" is a word commonly used in the las

Lat Witnesses. —Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit

Witnesses are weighed, not numbered. That is, in case of a conflict of evidence, the truth is to be sought by weighing the credibility of the respective witnesses, not by the mere

Whosoever demands witnesses must find them in competent provision.

A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; hut this

Where the witnesses who testify are in equal number, [on bath sides,]' the more worthy are to be believed. 4 Inst 279.

To bear witness; to give evi-denco as -a witness; to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fa

Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St. 39 Eliz. c. 17, § 3, passed in 1507, under which it signified

In the civll law. Proof by the evidence of witnesses, i. e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof.

Evidence is to be weighed, not enumerated.

In Spanish law. An authentic copy of a deed or other instrument, made by a notary and given to an interested party as evidence of his title, the original remaining in the public ar

In conveyancing. That clause of a deed or instrument with which it concludes: "In witness whereof, the parties to these presents have hereunto set their hands and seals."

Evidence of a witness; evidence given by a witness, under oath or affirmation; as distinguished from evidence derived from writings, and other sources. Testimony is not synonymous

Lat. A witness; one who gives evidence in court or who witnesses a document.

4 Inst. 279. An eye-witness is preferred to others.

Moore, 817. A lewd person is a sufficient witness to an act committed in a brothel.

No one can be a witness in his own cause.

4 Inst. 279. One eye-witness is worth more than ten ear-witnesses.

An old law French term, denoting evidence or testimony or a witness.

Witnesses cannot testify to a negative; they must testify to an affirmative, 4 Inst. 279.

An oath required to be taken as a criterion of the fitness of the person to fill a public or political office; but particularly an oath of fidelity and allegiance (past or present)

See Precipitin Test.

A legal treatise which lays down principles or collects decisions on any branch of the law.

In old English law. The Rochester text. An ancient manuscript containing many of the Saxon laws, and the rights, customs, tenures, etc., of the church of Rochester, drawn up by Ern

Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface, such as a watercourse; hence the middle of the deepest