The Cyclopedic Law Dictionary
2nd edition, 1922 — browse every term in this dictionary, A–Z.
Showing the 11,589 terms defined in The Cyclopedic Law Dictionary. Browse all dictionaries
He whose charge was to put the lord treasurer and the rest of the judges of the exchequer in remembrance of such things as were called on and dealt in for the sovereign's behoof. T
- Treasure Trovedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Found treasure. This name is given to such money or coin, gold, silver, plate, or bullion, which, having been hidden or concealed in the earth or other private place so long that i
That fiscal department of the government which controls the payments of the public money in accordance with the votes of the legislature.
In the English house of commons, the first row of seats on the right hand of the speaker is so called, because occupied by the first lord of the treasury, or principal minister of
A fund. In England, originating in the unusual balances of certain grants of public money, and which is used for banking and loan purposes by the commissioners of the treasury. Its
Stock reserved at the time of organization as assets of the corporation and the stockholders to be used in furtherance of corporate purposes. In respect to mining stock it has been
An agreement, more properly, perhaps, termed a "declaration," signed at Paris April 16, 1856, by representatives of Great Britain, Austria, Prance, Prussia, Russia, Sardinia, and T
The treaty of peace between Germany and the Allied Powers which concluded the World War. It was signed at Versailles on June 28, 1919, and ratifications were exchanged at Paris on
A treaty signed on May 8, IBIl, between Great Britain and the United Btatfti of America, with reference to certain differences arising out of the war between the northern and
- Treble Costsdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
-. In English Praotiee. The taxed costs and three-fourths the same added thereto. It is computed by adding one-half for double costs, and, in addition, one-half of one-half for tre
- Treble Damagesdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Bouvier (1839)
In actions arising ex contractu, some statutes give treble damages, and these statutes have been liberally construed to mean actually treble damages; for example, if the jury give
- Trebucketdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Anderson (1889)Stimson (1881)Bouvier (1839)
The name of an engine of punishment, said to be synonymous with "tumbrel."
TREIVIESIUM, or TERMISslum. The reason or time of sowing summer corn, being about March, the third month, to which the word may allude. Cowell.
An abolished writ sued on ouster by abatement on the death of the grandfatiker's grandfather.
Three form a corporation. Dig. 60. 16. 85; 1 Bl. Comm. 469.
- Trespassdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
Any misfeasance or act of one man, whereby another is injuriously treated or damnified. 3 Bl. Comm. 208; 7 Conn. 125. Any unlawful act committed with violence, actual or implied, t
One who does an unlawful act, or a lawful act in an unlawful manner, to the injury of the person or property of another.
A term applied to denote that one who has commenced a lawful act in a proper manner has performed some unlawful act, or some lawful act in an unlawful manner, so connected with the
A form of action, supplemental to an action of ejectment, brought against the tenant in possession to recover the profits which he has unlawfully received during the time of his oc
An action authorized in a few states by statutes allowing title to be tried in trespass q. c. f. The nature and scope of the action differs with the various statutes. In South Caro
To turn or divert another way. Cowell.
An allowance made for the water or dust that may be mixed with any commodity. It differs from "tare."
(L. Fr.) In old English law. Drawn; dragged to the scaffold.
Withdrawn, as a juror. Written also "treat." Cowell.
In the Roman law, were oivitae, libertas, and familia, i. e., citizenship, freedom, and family rights. See "Caput;" "Status."
- Trialdefined inCase LawCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)
The examination before a competent tribunal, according to the law of the land, of the facte pu^ in issue in a cause for the purpose of dd»rmining such issue. 4 Masdn (U. S.) 282. T
Trial before all the judges at the bar of the court in which the suit is brought. Steph. PI. 84. Seldom used except in cases of great importance.
Trial before a justice of assize; the usual method of trial. 3 Bl. Comm. 353.
A list of cases marked down for trial for any one term.
ubi juratores meliorem possunt habere notltlam. Trial ought always to be had where the jurors can have the best information. 7 Coke, 1.
The seat of a judge; the place where he administers justice. The whole body of judges who compose a jurisdiction. 155 111. App. 405. The jurisdiction which the judges exercise. The
In the French law, courts consisting of a president, judges, and substitutes elected in an assembly of the principal triers. No person under thirty years is eligible as a member of
A contribution which is sometimes raised by the sovereign from his subjects to sustain the expenses of the state. It is also a sum of money paid by one nation to another under some
An ancient custom in a borough in the county of Hereford, so called, because thirty burgesses paid Id. rent for their houses to the bishop, who was lord of the manor.
The court held for a triding or trithing. Cowell.
An act 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 fi
In old English law. One who has been thrice married; one who, at different times and successively, has had three wives; a trigamist. 3 Inst. 88.
In Saxon law. A triple gild, geld, or payment; three times the value of a thing, paid as a composition or satisfaction. Spelman, voc. "Geldum."
In English law. The short name usually given to a society incorporated in the reign of Henry VIII., and charged by successive acts of parliament with duties relating to the marine,
Elder brethren of the Trinity House. If a question arising in an admiralty action depends upon technical skill and experience in navigation, the judge or court is usually assisted
Sittings of the English court of appeal and of the high court of justice in London and Middlesex, commencing on the Tuesday after Whitsun week, and terminating on the 8th of August
- Trinity Termdefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In English law. One of the four terms of the court. It begins on the 22d day of May, and ends on the 12th of June. St. 11 Geo. IV., and Wm. IV., c. 70. It was formerly a movable te
Trinonantes, or Trinovantes. Inhabitants of Britain, situated next to the Cantii, northward, who occupied, according to Camden and Baxter, that country which now comprises the coun
In practice. Persons appointed according to law to try whether a person challenged to the favor is or is not qualified to serve on the jury. They do not exceed two in number, witho
- Tripartitedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)Abbott (1879)
Consisting of three parts; as, a deed tripartite, between A. of the first part, B. of the second part, and C. of the third part. TRIPLICACION (Law Fr.) In old pleading. A rejoinder
A forest immunity. Manw. For. Law, 1, 86. TRITHING (Saxon, trithinga). The third part of a county, consisting of three or four hundreds. A court within the circuit of the trithing,
The court held lor a trithing or riding.
A governor of a trithing.
A trithing man or constable of three hundred. Cowell. TRIUMVIRI (or TREVIRI, or TRESVIRI) capitales (Lat.) In Roman law. Officers who had charge of the prison, through whose interv
In the civil law. Juridical days; days allowed to the praetor for deciding causes; days on which the praetor might speak the three characteristic words of his ofiice, viz., do, dic
Of small importance. It is a rule in equity that a demurrer will lie to a bill on the ground of the triviality of the matter in dispute, as being below the dignity of the court. 4
- Tronagedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Bouvier (1839)
In English law. A customary duty or toll for weighing wool; so called because it was weighed by a common trona, or beam. Fleta, lib. 2, c. 12.
A weigher of wool. Cowell.
Money formerly collected and raised in London, and the several counties of England, towards providing harness and maintenance for the militia, etc. TROVER (Fr. irowrer, tofind). In
- Trucedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In International law. An agreement between belligerent parties by which they mutually engage to forbear all acts of hostility against each other for some time, the war still contin
St. 1 & 2 Wm. rv. c. 37, passed to abolish what is commonly called the "truck system," under which employers were in the practice of paying the wages of their work people in goods,
PUBLIC, and NOTORIOUS. These three qualities used to be formally predicated in the libel in the ecclesiastical courts of the charges which it contained, at the end of- each article
In practice. Words indorsed on a bill of indictment when a grand jury, after having heard the witnesses for the government, are of opinion that there is sufficient cause to put the
A right of property, real or personal, held by one party for the benefit of another. The party holding is called the "trustee," and the party for whose benefit the right is held is
A form of mortgage in use in Missouri and some other states, and in the_ District of Columbia. A deed is made in trust with a power of sale, and the power is exercised for the mort
- Trusteedefined inCase LawU.S. CodeCyclopedic (1922)Ballentine's (1916)Black's (1910)Kinney (1893)Bouvier (1839)
A person in whom some estate, interest, or power in or affecting property of any description is vested for the benefit of another. One to whom property has been conveyed to be held
Sts. 13 & 14 Vict. c. 60, and 15 & 16 Vict. c. 55, passed to enable the court of chancery (now the high court of justice, on petition presented in the chancery division) to appoint
Sometimes called constructive trustee. One who without authority undertakes to execute a trust, or assumes the management of trust property, or otherwise intermeddling with the tru
One who, by reason of his own wrong or fraud in acquiring property, is regarded as holding it as a trustee for the purpose of rectifying the wrong.
A trustee in bankruptcy is a person in whom the property of a bankrupt is vested In trust for the creditors, not for the bankrupt. 10 tors, and for that purpose to examine the bank
In practice. A means of reaching goods, property, and creditors of a debtor in the hands of third persons, for the benefit of an attaching creditor. It is a process^ so called, in
In England, if a person has in his hands a sum of money subject to a trust, and he does not know who is beneficially entitled to it, he may, instead of incurring the responsibility
A word occasionally, though rarely, used as a designation of the creator, donor, or founder of a trust.
To examine by judicial modes In order to determine. TUAS RES TIBI HABETO (Lat.) Have or take your things to yourself. The form of words by which, according to the old Roman law, a
In English law. A barrister who has a preaudience in the exchequer,
In Spanish law. Objections or exceptions to witnesses. White, New Recop. bk. 3, tit. 7, c. 10.
In Spanish law. Tort. Las Partidas, pt. 7, tit. 6, lib. 5.
Law Fr. (from Lat. Initio). Protection.
(I/. Lat.) In old European law. Of the people, or native population; the language of a country. Tuitiseh; in the vernacular. Spelman.
An instrument of punishment made use of by the Saxons, chiefly for the correction of scolding women by ducking them in water, consisting of a stool or chair fixed to the end of a l
By St. 13 Car. II. St. 1, c. 6, signing of more than twenty names to any petition to the crown or either house of parliament for the alteration of matters established by law in chu
A measure of wine or' oil, containing four hogsheads. TUNGREVE (Saxon tungaraeva, i._ e., v Ulae praepositus). A reeve or bailiff. Spelman; Gowell. One who in estates, which we cal
- Turbarydefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Stimson (1881)Abbott (1879)
In English law. A right to dig turf; an easement.
A person under the superintendence of a jailer, whose employment is to open and fasten the prison doors, and to prevent the prisoners from escaping. It is his duty to use due dilig
- Turnpikedefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Anderson (1889)
A gate set across a road, to stop travelers and carriages until toll' is paid for passage thereon. In the United States, turnpike roads are often called "turnpikes," just as mail c
A road or highway over which the public have the right to travel upon payment of toll, and on which the parties entitled to such toll have the right to erect gates and bars to insu
(Lat.) In old English law. A tower; the tower; the Tower of London. Fleta, lib. 6, c. 11, §§ 6, 7. TUT (L. Fr.) All; a corruption of tout. TUTA EST CUSTODIA QUAE SIBIMET creditur.
Guardianship; state of being under a guardian. TUTELAM REDDERE (Lat.) In the civil law. To render an account of tutelage. Calv. Lex. Tutelam, reposcere, to demand an account of tut
In French law, a person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the consent of the parents of such child, or (in th
In French law, In the case of an infant under guardianship, a second guardian is appointed to him, the duties of the latter (who is called the "subroge tuteur") only arising where
It is safer to err on the side of mercy. 3 Inst. 220. TUTIUS SEMPER EST ERRARE ACquietando, quam In puniendo; ex parte mlsericordia quam ex parte justltia. It is always safer to er
- Tutordefined inCyclopedic (1922)Ballentine's (1916)Bouvier (1914)Black's (1910)Kinney (1893)Abbott (1879)Bouvier (1839)
In civil laV. One who has been lawfully appointed to the care of the person and property of a minor. By the laws of Louisiana, minors under the age of fourteen years, if males, and
The power which an individual, em juris, has to take care of the person of one who is unable to take care of himself. Tutorship differs from curatorship. TUTRIX (Lat.) A woman who
The highest rank of men in the Saxon government, who were valued at 1,200s. If any injury were done to such persons, satisfaction was to be made according to their worth. Cowell.
A writ issued under St. 18 & 19 Vict. e. 67, for summary procedure on bills of exchange and promissoiy notes, abolished by rule of court in 1880. Wharton.
In the singular, includes the whole year, but in the plural twelve months of twenty-eight days each. 6 Coke, 62; 2 Bl. Comm. 140, note.
Laws of ancient Rome, composed in part from those of Solon and other Greek legislators, and in part from the unvsritten laws and customs of the Romans. These laws first appeared in
See "Jeopardy." TWYHIND1. The lower order of Saxons, valued at 200s. in the scale of pecuniary mulcts inflicted for crimes. Cowell.
In English law. A certificate given to the prosecutor of a felon to conviction. By 10 & 11 Wm. III. c. 23, the original proprietor or first assignee of such certificate is exempted
CONCEDItur et Id sine quo res Ipsa esse non potest. When anything is granted, that also is granted without which the thing granted cannot exist., Broom, Leg. Max. (3d London Ed.) 4
IBI POENA 8UBESSE debet. Where the crime is committed, there the punishment should be inflicted. Jenk. Cent. Cas. 326.
IBI DAMnum sequltur. Wherever there is a wrong, there damage follows. 10 Coke, 116. UBICUNQUE FUERIMUS IN ANGLIA (Law Lat. Wheresoever we shall be in England). The style of the ret
VICTUS VICTOri in expensis condemnari debet. Where damages are given, the losing party should be adjudged to pay the costs of the victor. 2 Inst. 289; 3 Bl. Comm. 399.
IB! IDEM JUS. Where there is the same reason, there is the same law. 7 Coke, 18; Broom, Leg. Max. (3d London Ed.) 145. UBI ET DANTIS ET ACCIPIENTIS TURpitudo versatur, non posse re
IBI PORTIA nulla. Where there is no act, there can be no force. 4 Coke, 43.