THEFT, crimes. This word is sometimes used as synonymous with larceny,
(q. v.) but it is not so technical. Ayliffe's Pand. 581 2 Swift's Dig. 309.
2. In the Scotch law, this is a proper and technical word, and signifies the
secret and felonious abstraction of the property of another for sake of lucre,
without his consent. Alison, Princ. Cr. Law of Scotl. 250.
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 shall escape
2. This is an offence punishable at common law by fine and imprisonment.
Hale's P. C. 130. Vide Compounding a felony.
THEOCRACY. A species of government which claims to be immediately
directed by God.
2. La religion qui, dans l'antiquite, s'associa souvent au despotisms, pour
regner. par son bras ou a son ombrage, a quelquefois tents de regner seule.
Clest ce qu'elle appelait le regne de Dieu, la thiocratie. Matter, De
l'influence des Moeurs sur les lois, et de l'influence dos Lois sur les moeurs,
189. Religion, which in former tinies, frequently associated itself with
despotism, to reign, by its power, or under its shadow, has sometimes attempted
to reign alone, and this she has called the reign of God, theocracy.
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 can be no appeal, either
because the appeal did not lie, or because the time fixed by law for the
appealing has elapsed, or because it has been confirmed on the appeal. Vide res
2. The Roman law agrees with ours, for it requires a final judgment or
sentence before the decision acquires the force of the thing adjudged. Dig. 42,
1; Code, 7, 52; Extravag. 2, 27.
THINGS. By this word is understood every object, except man, which may
become an active subject of right. Code du Canton de Berne, art. 332. In this
sense it is opposed, in the language of the law, to the word persons. (q.
2. Things, by the common raw, are divided into, 1. Things real, which are
such as are permanent, fixed and immovable, and which cannot be carried from
place to place; they are are usually said to consist in lands, tenements and
hereditaments. 2 Bl. Com. 16; Co. Litt. 4 a to 6 b. 2. Things personal, include
all sorts of things movable which attend a man's person wherever he goes. Things
personal include not only things movable, but also something more, the whole of
which is generally comprehended under the name of chattels. Chattels are
distinguished into two kinds, namely, chattels real and chattels personal. See
3. It is proper to remark that sometimes it depends upon the destination of
certain objects, whether they are to be considered personal or real property.
See Dalloz, Dict. choses, art 1, §2. Destination; Fixtures; Mill.
4. Formerly, in England, a very low and contemptuous opinion was entertained
of personal property, which was regarded as only a transient commodity. But of
late years different ideas have been entertained of it; and the courts, both in
that country, and in this, now regard a man's personal property in a light,
nearly, if not quite equal to his realty; and have adopted a more enlarged and
still Iess technical mode of considering the one than the other, frequently
drawn from the rules which they found already established by the Roman law,
wherever those rules appear to be well-grounded and apposite to the case in
question, but principally from reason and convenience, adapted to the
circumstances of the times. 2 Bl. Com. 385.
5. By the Roman or civil law, things are either inpatrimonio, capable of
being possessed by single persons exclusive of others; or extra patrimoiium,
incapable of being so possessed.
9. Things in patrimonio are divided into corporeal and incorporeal, and the
corporeal again into movable and immovable.
7. Corporeal things are those which are visible and tangible, as lands,
houses, horses, jewels, and the like; incorporeal are not the object of
sensation, but are the creatures of the mind, being rights issuing out of a
thing corporeal, or concerning or exercisable within the same; as, an
obligation, a hypothecation, a servitude, and, in general, that which consists
only in a certain right. Domat, Lois Civ. Liv. Prel. t. 31 s. 2, §3; Poth.
Traite dos Choses, in princ.
8. Corporeal things are either movable or immovable. The movable are those
which have been separated from the earth, as felled trees, or gathered fruits,
or stones dug out from quarries or those which are naturally separated, as
an-imals. Immovable things are those parts of the surface of the earth, in
what-ever manner thev way be distinguished, either as building;, woods, meadows,
fields,or otherwise, and to whomsoever they may belong. Under the name of
immovables is included everything which adheres to the surface of the earth,
either by its nature, as trees; or which has been erected by the hands of man,
as houses and other buildings, although, by being separated, such things way
become movables. Domat, Lois Civ. Liv. Prel. tit. 3, s. 1, §5 and 6. See
9. Things extra patrimonium are, 1. Common. 2. Public. 3. Res universitatis.
4. Res nullius.
10. - 1. Things common are, the heavens, light, air, and the sea, which
cannot be appropriated by any man or set of men, so as to deprive others from
the. use of them. Domat, Lois Civ. Liv. Prel. tit. 3, s. 1, §1; §1 lnst. de rer.
div.; L. 2, §1, ff. de rer. div.; Ayliffe, Pand. B. 2, t. 1, in med.
11. - 2. Things public, res publicae, the property of which was in the state,
and their use common to all the members of it, as navigable rivers, ways,
bridges, harbors, banks, and the right of fishing.
12. - 3. Res universitatis, or things belonging to cities or bodies politic.
Such things belong to the corporation or body politic in respect of the property
of them; but as to their use, they appertain to those persons that are of the
corporation or body politic: such may be theatres, market houses, and the like.
They differ from things public, inasmuch as the latter belong to a nation. The
lands or other revenue belonging to a corporation, do not fall under this class,
but, are juris privati.
13. - 4. Res nullius, or things which are not the property of any man or
number of men, are principally those of divine right; they are of three sorts:
things sacred, things religious, and things sanct. Things sacred were those
which were duly and publicly consecrated by the priests, as churches, their
ornaments, &c. Things religious were those places which became so by burying
in them a dead body, even though no consecration of these spots by a priest had
taken place. Things sanct were those which by certain reverential awe arising
from their nature, something augmented by religious ceremonies, were guarded and
defended from the injuries of men; such were the gates and walls of a city,
offences against which were capitally punished. 1 Bro. Civ. Law, B. 2, c. 1, p.
See, in general, Domat, Lois Civ. Liv. Prel. tit. 3; 1 Bro. Civ. Law, B. 2,
c. 1 Poth. Traite des Choses; Ersk. Pr. Law Scot. B. 2, tit. 1; Toullier, Droit
Francais, Liv. 2, tit. 1 Ayliffe, Pand. B. 3, t. 1; Inst. 2, 1, 2 Dig. 1, 8
Bouv. Inst. Index, h. t.
THIRD PARTIES. This term includes all persons who are not parties to
the contract, agrement or instrument of writing, by which their interest in the
thing conveyed is sought to be affected. 1 N. S. 384. See also 2 L. R. 425 6 M.
2. But it is difficult to give a very definite idea of third persons, for
sometimes those who are not parties to the contract, but who represent the
rights of the original parties, as executors, are not to be considered third
person. See Duverg. tome 16, n. 34, 35, 36, et idem, tome 17, n. 190; 2 Bouv.
Inst. n. 1335, et seq.
THIRLAGE, Scotch law. The name of servitude by which lands are
astricted or thirled to a particular mill, and the possessors bound to grind
their grain there, for the payment of certain multures and sequels as the agreed
price of grinding. Ersk. Prin. B. 2, t. 9, n. 18.
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 sac, (q. v.) which is open
only at one end.
2. Whether a street which is not a thoroughfare is a highway, seems not fully
settled. See 1 Campb. 260; 5 Taunt. 137; 11 East, 376, n.; Hawk. P. C. B. 1, c.
76, s. 1; 5 Barn. & Ald. 456. See Dedication.
THOUGHT. 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, unless made manifest by some action,
they are not injurious to any one; but when they manifest themselves, then the
act, which is the consequence, may be punished. Dig. 50 16, 225.
THREAD. A figurative expression used to signify the central line of a
stream or water course. Harg. Tracts, 5; 4 Mason's Rep. 397; Holt's R. 490. Vide
Filum aguae; Island; Water course; River.
THREAT, crim. law. A menace of destruction or injury to the lives or
property of those against whom it is made.
2. Sending threatening letters to persons for the purpose of extorting money,
is said to, be a misdemeanor at common law. Hawk. B. 1, c. 53, s. 1; 2 Russ. on
Cr. 575; 2 Chit. Cr. L. 841; 4 Bl. Com. l26. To be indictable, the threat must
be of a nature calculated to overcome a firm and prudent man. The party who
makes a threat may be held to bail for his good behaviour. Vide Com. Dig.
Battery, D; 13 Vin. Ab. 357.
THREAT, evidence. Menace.
2. When a confession is obtained from a person accused of crime, in
consequence of a threat, evidence of such confession cannot be received,
because, being obtained by the torture of fear, it comes in so questionable a
shape, that no credit ought to be given to it; 1 Leach, 263; this is the general
principle, but what amounts to a threat is not so easily defined. It is proper
to observe, however, that the threat must be made by a person having authority
over the prisoner, or by another in the presence of such authorized person, and
not dissented from by the latter. 8 C. & P. 733. Vide Confession, and the
cases there cited.
THROAT, med. jur. The anterior part of the neck. Dungl. plea. Diet. h.
t.; Coop. Dict. h. t.; 2 Good's Study of Med. 302; 1 Chit. Med. Jur. 97, n.
2. The word throat, in an indictment which charged the defendant with murder,
by "cutting the throat of the deceased," does not mean, and is not to be
confined to that part of the neck which is scientifically called the throat, but
signifies that which is commonly called the throat. 6 Carr. & Payne, 401; S.
C. 25 Engl. Com. Law Rep. 458.
TICK, contracts. Credit; as, if a servant usually buy for the master
upon tick, and the servant buy something without the master's order, yet, if the
master were trusted by the trader, he is liable. 1 Show. 95; 3 Keb. 625; 10 Mod.
111; 3 Esp. R. 214; 4 Esp. R. 174.
TIDE. The ebb and flow of the sea.
2. Arms of the sea, bays, creeks, coves, or rivers, where the tide ebbs and
flows, are public, and all persons may use the same for the purposes of
navi-gation and for fishing, unless restrained by law. To give these rights at
common law, the tide must ebb and flow: the flowing of the waters of a lake into
a river, and their reflowing, being not the flux and reflux of the tides, but
mere occasional and rare instances of a swell in the lake, and a setting up of
the waters into the river, and the subsiding of such swells, is not to be
considered an ebb and flow of the tide, so as to constitute a river technically
navigable. 20 John. R. 98. See 17 John. R. 195; 2 Conn. R. 481.
3. In Pennsylvania, the common law principle, that the flux and reflux of the
tide ascertain the character of the river, has been rejected. 2 Binn. R. 475.
Vide Arm of the sea; Navigable river; Sea shore.
TIE. When two persons receive an equal number of votes at an election,
there is said to be a tie.
2. In that case neither is elected. When the votes are given on any question
to be decided by a deliberative assembly, and there is a tie, the question is
lost. Vide Majority.
TIEL. An old manner of spelling tel. Such as nul tiel record, no such
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 cannot dispose of his property, at such a time, to the prejudice of
his creditors. 4 N. S. 292; 3 Mart. Lo. R. 270; 10 Mart. Lo. R. 704.
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 into that of a
neighboring house, in order that it may rest on the latter, and that the wall of
the latter may bear this weight. Dig. 8, 2, 36; Id. 8, 5, 14.
TIMBER TREES. According to Blackstone, oak, ash, elm, and such other
trees as are commonly used for building, are considered timber. 2 Comm. 28. But
it has been contended, arguendo, that to make it timber, the trees must be
felled and severed from the stock. 6 Mod. 23 Stark on Slander, 79. Vide 12
Johns. R. 239; 2 Suppl. to Ves. jr.