Term

In Construction. Word; expression; speech. Terms are words or characters by which we announce our sentiments, and make known to others things with which we are acquainted. These must be properly construed or interpreted in order to under stand the parties using them. In Contracts. The space of time granted to a debtor for discharging his obligation. These are express terms, resulting from the positive stipulations of the agreement, as, where one undertakes to pay a certain sum on a certain day, and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engage to construct a house for me, I must allow a reasonable time for fulfilling his engagement. 1 Wis. 314. In Estates. The limitation of an estate; as, a term for years, for life, and the like. The word "term" does not merely signify the time specified in the lease, but the estate, also, and interest that passes by that lease, and therefore the term may expire during the continuance of the time; as, by surrender, forfeiture, and the like. 2 Bl. Comm. 145; 8 Pick. (Mass.) 339. —

The limitation of an estate: as a term for years, and the like. The word term does not merely signify the term specified in the lease, but the estate, also, and interest that passes by that lease: and therefore the term may expire during the continuance of the time: as by surrender, forfeiture, and the like. 2 Bla. Com. 145; Farnum v. Platt, 8 Pick. (Mass.) 339, 19 Am. Dec. 330. In Practice. The space of time during which a court holds a session. Sometimes the term is a monthly, at others it is a quarterly period, according to the constitution of the court The whole term is considered as but one day: so that the judges may at any time during the term revise their judgments. In the computation of the term, all adjournments are to be included; Leib v. Com., 9 Watts (Pa.) 200. Courts are presumed to know judicially when their terms are required to be held by public law; Foster v. Frost, 35 N. C. 427. A term of the circuit court may extend from the beginning of one term to the opening of the succeeding statutory term, and the beginning of another term in another district of the same circuit does not necessarily end the term of the first court; East Tennessee I. & C. Co. v. Wiggin, 68 Fed. 446, 15 C. C. A. 510, 37 U. S. App. 129. In England Hilary term is from January 12 to April 8; Easter, from April 21 to May the law terms before 1875, see 1 Reeves, H. E. L. 232; 3 Holdsw. H. E. L. 510.

A word or phrase; an expression; particularly one which possesses a fixed and known meaning in some science, art or profession.

In the civil law. A space of time granted to a debtor for discharging hls obligation. Poth. Obi. pt. 2, c. 3, art 3, § 1; Civ. Code La. art. 2048. In estates. "Term" signifies the bounds, limitation, or extent of time for which an estate ls granted; as when a man holds an estate for any limited or specific number of years, which ls called his "term," and he himself is calied, with reference to the term he so holds, the "termor," or "tenant of the term." See Gay Mfg. Co. v. Hobbs, 128 N. C. 46, 38 S. E. 26, 83 Am. St Rep. 661; Sanderson v. Scranton, 105 Pa. 472; Hurd v. Whitsett, 4 Colo. 84; Taylor v. Terry, 71 Cal. 46, 11 Pac. 813. Of court. The word "term," when used with reference to a court, signifies the spaco of time during which the court holds a session. A session signifies the time during the term when the court sits for the transaction of business, and the session commences when the court convenes for the term, and continues until final adjournment, either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its acfual sitting. Lipari v. Sinte, 19 Tex. App. 481. And see Horton v. Miller, 38 Pa. 271; Dees v. State, 78 Miss. 250, 28 South. 849; Conkling v. Ridgely, 112 111. 86, 1 N. E. 261, 54 Am. Rep. 204; Brown v. Hume, 16 Grat. (Va.) 462; Brown v. Leet, 136 111. 203, 26 N. E. 639.

— General term. A phrase used In some jurisdictions to denote the ordinary session of a court, for the trial and determination of causes, as distinguished from a special term, for the hearing of motions or arguments or the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may denote a sitting of the court in banc. State V. Eggers, 152 Mo. 4S5, 54 S. W. 498.-

— Regular term. A regular term of ceurt is a term begun at the time appointed by law, and continued, in the discretion of the court, to such lime as it may appoint, consistent with the law. Wightman v. Karsner, 20 Ala. 451.

— Special term. In New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance motions and causes of equitable nafure is called the "special term," as opposed to the "general term," held by three judges (usually) to hear appeals. Abbott; Grade v. Freeland, 1 N. Y. 232.

— Term attendant on the inheritance. See Attendant Terms.

— Term fee. In English practice. A certain sum which a solicitor is entitled to charge to his client, and the client to recover, if successful, from the unsuccessful party; payable for every term in which any proceedings subsequent to the summons shall take place. Wharton.

— Term for deliberating. By "term for deliberating" is understood the time given to the beneficiary heir, to examine if it be for his interest to accept or reject the succession which has fallen to him. Civ. Code La. art. 1033.

— Term for years. An estate for years and the time during which such estate is to be heid are each calied a "term;" hence the term may expire before the time, as by a surrender. Co. litt. 45.

— Term in gross. A term of years is said to be either in gross (outstanding) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattached or disconnected from the estate or inheritance, as where it is in the hands of some third party having no interest in the inheritance; jt is attendant, when vested in some trustee in trust for the owner of the inheritance. Brown.

— Term of lease. The word "term," when used in connection with a lease, means the period which is granted for the lessee to occupy the premises, and does not include the time between the making of the lease and the tenant's entry. Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356.

— Term probatory. 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.

— Term to conclude. 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 all things. In English ecclesiastical practice. An appointment by the judge of a time at which both parties are to exhibit ali the acts and instruments which make for their respective causes. In the law of contracts and in eourt practice. The word is generally used in the plural, and "terms" are conditions; propositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the parties. Webster. See Hutchinson v. Lord, 1 Wis. 313, 60 Am. Dec. 381; State v. Fawcett, 58 Neb. 371, 78 N. W. 636; Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 323.

— Special terms. Peculiar or unusual conditions imposed on a party before granting some application to the favor of the court.

— Under terms. A party is said to be under terms when an indulgence is granted to him by the court in its discretion, on certain conditions. Thus, when an injunction is granted ex parte, the party obtaining it is put under terms to abide by such order as to damages as the court may make at the hearing. Mozley & Whitley.

A limit; a bound or boundary, particularly of time; an estate or interest limited to a certain time; a limited time during which courts are statedly held; a word, a word of ai't, or technical word, a descriptive expression.

In the civil law. A space of time granted to a debtor for discharging his obligation.

1. An estate for years. 2. A 3. The sitting of a court. Term to V. Attendant term. Terminum qui praeteriit. v. Ad.

in contracts. This word is used in the civil law to denote the space of time granted to the debtor for discharging his obligation; there are express terms resulting from the positive stipulations of the agreement, as, where one undertakes to pay a certain sum on a certain day; and also terms which tacitly result from the nature of the things which are the object of the engagement, or from the place where the act is agreed to be done. For instance, if a builder engages to construct a house for me, I must allow a reasonable time for fulfilling his engagement. A term is either of right or of grace; when it makes part of the agreement and is expressly or tacitly included in it, it is of right; when it is not part of the agreement, it is of grace; as if it is not afterwards granted by the judge at the requisition of the debtor. Poth. on Oblig. P. 2, c. 3, art. 3.