The Cyclopedic Law Dictionary

Something by which to ascertain the truth respecting another thing. 7 Pa. St. 428; 6 Whart. (Pa.) 284. See Test Act.

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

Act 25 Car. II. c. 2, by which it was enacted that all persons holding any office, civil or military (excepting some very inferior ones), or receiving pay from the crown, or holdin

An action brought to determine a doubtful right affecting many persons. It may be an action selected from a number of pending actions brought to enforce such a right, the parties a

The condition of one dying having made a will. Opposed to "intes» tacy" (q. V.) It may exist as to all property, or may be but "partial," as to such only as is disposed of.

In civil law. The appointment of an executor or testamentary heir, according to the formalities prescribed by law. Domat, liv. 1, tit. 1, § 1. At first there were only two sorts of

Belonging to a testament; as, a testamentary gift; a testamentary guardian, or one appointed by will or testament; letters testamentary, or a writing under seal, given by an office

Mental capacity sufficient to make a valid wilL

In English law. Causes relating to probate of testaments and administration, and accounts upon the same. They are enumerated among ecclesiastical causes by Lord Coke. 5 Coke, 1, an

A gift which does not take effect as an executed and completed transfer to the donee, either legal or equitable, during the lifetime of the donor. 136 111. 398,

A guardian appointed by last will of a father to have custody of his child and his real and personal estate till he attains the age of twenty-one. In England, the power to appoint

I. E., TEST ATI O MENtls, facta nullo praesente metu periculi, sed cogitatione mortalitatis. A testament, i. e., the witnessing of one's intention, made under no present fear of da

The condition' of ohe who leaves a valid will at his death.

Witness; evidence. TESTATOR (Lat.) One who has made a testament or will. TESTATORIS ULTIMA VOLUNTAS EST perimplenda secundum veram intentionem suam. The last will of a testator is

Bearing teste. TESTES (Lat.) Witnesses. TESTES QUI POSTULAT DEBET DARE eis sumptus competentes. Whosoever demands witnesses must find them in competent provision.

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 of the witnesses examine

To give evidence according to law; the examination of a witness who declares his knowledge of facts.

A certificate under the hands of a justice of the peace testifying the place and time when and where a soldier or mariner landed, and the place of his dwelling and birth, whither h

In civil law. A term used in the same sense as "parol evidence" is used at common and in

non numeranda. Evidence is to be weighed, not enumerated.

In Spanish law. An attested copy of an Instrument by a notary. Newman & Barrett!; Tex. Dig.

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."

The statement made by a witness under oath or affirmation. For distinction between "testimony" and "evidence," see "Evidence." TESTIS (Lat.) A witness. TESTIS D'E VI SU PRAEPONDERA

This is an old and barbarous French word, signifying, in the old books, evidence. Comyn, Dig. TESTMOIGNES NE POENT TESTIFIE le negative, mes I'affirmative. Witnesses cannot witness

An oath required as a condition precedent to the right to fill a public office. Generally, an oath of present allegiance, or of denial of connection with some past insurrection.

A paper submitted to the jury as a test or standard by which to determine the genuineness of other writings. raised concerning it. See 14 N. Y. 439; 1 Greenl. Ev. §581.

or THANELAND. In old English law. The land which was granted hy the Saxon kings to their thains or thanes was so called. Crabb, Com. Law, 10.

A silver coin of Germany. The composition and value of this piece formerly varied considerably in different portions of the country, — the value ranging from ninety-five to- one hu

A line following the lowest part of a valley whether under water or not. Webster. Where a navigable river forms the boundary of coterminous states, the thalweg, or middle of the na

In old English law. A certain part of the king's land or property, of which the ruler or governor was called "thane." Cowell; Blount.

The office and dignity of a thane; the seigniory of a thane.

An inn of chancery. See "Inns of Chancery."

A demonstrative word which particularizes the noun before which it stands and limits its meaning more definitely and particularly than the indefinite article "a". 261 111. 417.

A popular term for larceny, adopted in lieu of the latter term by the Penal Code of Texas. — — In Scotch Law. The secret and felonious abstraction of the property of another for sa

The act of receiving a man's goods from the thief, after they had been stolen by him, with the intent that he shall escape punishment. This is an offense punishable at common law b

An abolished writ for citizens or burgesses to assert their right to exemption from toll. Fitzh. Nat. Brev. 226.

An English statute cumulation beyond a period of twenty-one years from the death of the testator. It was so called because its necessity and passage were suggested by the curious w

A duty or acknowledgment paid by inferior tenants in respect of theme. Cowell.

In the grammatical sense is an adverb of time. In such case the context should plainly show that it was so used before effect is thus given to it. 233 Pa. St. 35; Ann. Cas. 1913B 3

Refers to the time and place last specified, unless some phrase is used in connection therewith which shows that a different reference was intended. 263 111. 476, 477; 138 111. 556

A species of government which claims to be immediately directed by God. La religion, qui, dans I'antiquite, s'associa souvent au despotisme, pour regner par son bras ou a son ombra

See "Code."

In Saxon law. Offenders who joined in a body of seven to commit depredations. Wharton.

By that; by that means; in consequence of that; through the agency

An adverb signifying immediately, at once, without delay, and it is in that sense that it would ordinarily be understood. 23 111. App. 618.

or THESAURIUM. The treasury; a treasure. THESAURUS ABSCONDITU8. Treasure hidden, or buried. Spelman.

et non domino libertatis, nisi sit per verba speciaiia. A treasure belongs to the king, and not to the lord of a liberty, unless it be through special words. Fitz. Coron. 281.

Treasure trove (q. v.) THESAURUS INVENTUS EST VETUS dispositio pecuniae, etc., cujus non extat mode miennoria, adeo ut jam dominum non habeat. Treasure trove is an ancient hiding o

nisi quando nemo scit qui abscondit thesaurum. Treasure does not belong to the king unless no one knows who hid it. 3 Inst. 132. THESAURUS REGIS EST VINCULUM pacis et beiiorum nerv

A law maker; a law giver.

One who has been guilty of larceny or theft. 113 111. App. 450.

The term "thieves" is broad enough in law to cover both compound and simple larceny, and, in common parlance to include the latter; and when used in a policy of insurance upon the

A ohoae In action. Civ. Code Gal. § 958. See "Chose."

By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. Any object that may be possessed; all matters o

Goods, money, and all other movables which may attend the owner's person wherever he thinks proper to go. 2 Bl. Comm. 16. Things personal consist of goods, money, and all other mov

or REALTY. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place, as lands and tenements. 2 Bl. Comm. 16. This definition has been objected

A thane or nobleman; knight or freeman. Cowell.

To believe. When a witness prefaces his testimony with "I think," he is to be taken as testifying to what he remembers. 288 111. 97; 43 S. W. Rep. (Tex.) 536.

In old English law. A constable. Lambard, Duty of Const. 6; 28 Hen. VII. c 10.

The third part of the corn growing on the land, due to the lord for a herlot on the death of his tenant, within the manor of Turfat, in Hereford. Blount.

By the laws of St. Edward the Confessor, if any man lay a third night in an inn, he was called a "third-night-awn-hinde," and his host was answerable for him if he committed any of

A term used to include all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected.

In old English law. Of the fines and other profits of the county courts (originallyj when those courts had fhe king, and a third part or penny, to the earl of the county. See "Dena

Occurring in a will, construed to mean the same thing as dower. 2 Keyes (N. Y.) 558; 2 Abb. Pr. (N. S.; N. Y.) 418, affirming 46 Barb. (N, Y.) 609.

In Scotch law. A servitude by which lands are astricted or thirled to a particular mill, and the possessors bound to grind their grain there, for the pajrment of certain multures a

A demonstrative word referring particularly to what is present or near in place, time, or thought, or to something just mentioned or about to be mentioned. 248 III. 144. THIS DAY S

It was a custom within the manor of Halton, in Chester,- that if, in driving beasts over a common, the driver permit them to g:raze or take but a thistle, he shall pay a halfpenny

A street or way opening at both ends into another street or public highway, so that one can go through and get out of it without returning. It differs from a cul de sac, which is o

The operation of the mind. No one can be punished for his mere thoughts, however wicked they may be. Human laws cannot reach them, — first, because they are unknown; and secondly,

TH REAVE (Sax.) L. Lat. trabes, trava. In old English law. A measure of corn or grain, consisting of twenty-four sheaves of four shocks, six sheaves to every shock. Stat. 2 Hen. VI

A figurative expression used to signify the central line of a stream or watercourse. Harg. Law Tr. 5; 4 Mason (U. S.) 397; Holt, 490. See "Filum Aquie."

A menace brought to the knowledge of the one sought to be affected thereby. 84 Iowa 473; 51 N. W. 25. It may aflfect the life, character, or property of the person against whom it

Vassals, but not of the lowest degree; those who held lands of the chief lord.

A division consisting of three or four hundreds.

One of the "barbarian codes," as they are termed; supposed by Montesquieu to have been given by Theodoric, king of Austrasia, to the Thuringians, who were his subjects. Esprit des

The custom of giving entertainments to a sheriff, etc., for three nights.

A mere receipt, token or voucher adopted for convenience-/ to.show that the passenger has paid his fare from one place to another. It does not constitute the contract of carriage.

The ebb and flow of the sea. The law takes notice of three kinds of tides, viz., the high spring tides, which are the fluxes of the sea at those tides which happen at the two equin

In English law, a tidewaiter or custom-house officer, who watches on board of merchant ships till the duty on goods be paid, and the ships unladen.

Water which flows and reflows with the tide. All arms of the sea, bays, creeks, coves, or rivers, in which the tide ebbs and flows, are properly denominated "tide waters." The term

An old manner of spelling tel; such as nul tiel record, no such record. TIEMPO INHABIL (Spanish). In Louisiana. A time when a man is not able to pay his debts. A man cannot dispose

In the civil law, any material for building.

In old Saxon law, an accusation.

As a generic term, it properly signifies only such trees as are used in building either ships or dwellings. 160 Mich. 186, 189. See "Timber Trees."

A service by which tenants were bound to carry timber felled from the woods to the lord's house. Cowell.

Oak, ash, elm, and such other trees as are commonly used for building. 2 Bl. Comm. 28. But it has been contended, arguendo, that to make it timber, the trees must be felled and sev

Time out of mind. In England this is said to be before the beginning of the reign of Richard I. 2 Bl. Comm. 31.

See "Time Immemorial." TIMORES VANI SUNT AESTIMANDI qui non cadunt in constantem virum. Fears which do not affect a brave man are vain. 7 Coke, 17.

A custom regulating the manner in which tin is obtained from waste land, or land which has formerly been waste land, within certain districts in Cornwall and Devon. Bain. M. & M. 1

The king's hall, wherein his servants used to dine and sup. 13 Rich. II. St. 1, c. 3.

or TIENMAN. A petty officer in the forest, who had the care of vert and venison at night, and other servile duties. Cowell.

The ancient parliament or annual convention of the people in the Isle of Man.

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

The loss of an estate held in feu in Scotland, from allowing two years' feu duty to remain unpaid. Bell, Diet.

A place where spirituous liquors are sold and drunk in violation of law. Sometimes the mere selling is

Aa of SoBr appointed by the marshal of the court of king's bench to attend upon the judges with a kind of rod or staff tipped with s Uver. In the United States, the courts sometime

In English law. A right to the tenth part of the produce of lands, the stocks upon lands, and the personal industry of the inhabitants. These tithes are raised for the support of t

In English law. Formerly, a district containing ten men, with their families. In each tithing there was a tithingman, whose duty it was to keep the peace, as a constable now is bou

In Saxon law. The head or chief of a decennary of ten families. He was to decide all lesser causes between neighbors. Now tithingmen and constables are the same thing. Jacob. In Ne

A Roman name commonly used in the civil law in illustrating rules of example, or to designate a fictitious person, like the John Doe of English law.