TRIBUTE. A contribution which is sometimes raised by the sovereign
from his subject, to sustain the expenses of the state. It is also a sum of
money paid by one nation to another under some pretended right. Wolff,
TRINEPOS. This term was used among the Romans to denote the male
descendant in the sixth degree in a direct line. It is still employed in making
TRINITY TERM, Eng. law. One of the four terms of the courts; it begins
on the 22d day of May, and ends on the 12th of June. St. 11 G. IV., and 1 W.
IV., c. 70. It was formerly a movable term.
TRIORS, 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 without the consent of the prosecutor and defendant,
or some special case is alleged by one of them, or when only one juror has been
sworn and two triors are appointed with him. Co. Litt. 158 a; Bac. Ab. Juries, E
2. Where the challenge is made to the first juror, the court will appoint two
indifferent persons to be triors if they find him indifferent he shall be sworn,
and join the triors in determining the next challenge. But when two jurors have
been found impartial and have been sworn, then the office of the triors will
cease, and every subsequent challenge will be decided upon by the jurymen. If
more than two, jurymen have been sworn, the court may assign any two of them to
determine the challenges. To the triors thus chosen no challenges can be
3. The following oath or affirmation is administered to them: "You shall well
and truly try whether A B, the juror challenged, stands indifferent between the
parties to this issue, so help you God" or to this you affirm. The trial then
proceeds by witnesses before them; and they may examine, the juryman challenged
on his voire dire, but he cannot be interrogated as to circumstances which may
tend to his own disgrace, discredit, or the injury of his character. The finding
of the triors is final. Being officers of the court, the triors may be punished
for any mishehaviour in their office. Vide 2 Hale, 275; 4 Bl. Com. by Chitty,
353, n. 8; Tr. per Pais, 200; 1 Chit. Cr. Law, 549, 450; 4 Harg. St. Tr. 740,
750; 15 Serg. & Rawle, 156; 21 Wend. 509; 2 Green, 195.
TRIPARTITE. 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.
TRIPLICATION, pleading. This was formerly used in pleading instead of
rebutter. 1 Bro. Civ. Law, 469, n.
TRITAVUS. The male ascendant in the sixth degree was so called among
the Romans. For the female ascendant in the same degree, the term is tritavia.
In forming genealogical tables this convenient term is still used.
TRIUMVIRI CAPITALES or TREVIRI or TRESVIRI, Rom, civ. law. Officers
who had charge of the prison, through whose intervention punishments were
inflicted. Sallust in Catalin. They had eight lictors to execute their orders.
Vicat, ad voc.
TRIVIAL. 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 Bouv. Inst. n. 4237. See Hopk. R. 112; 4
John. Ch. 183; 4 Paige, 364.
TRONAGE, Engl. 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.
TROVER, remedies. Trover signifies finding. The remedy is called an
action of trover; it is brought to recover the value of personal chattels,
wrongfully converted by another to his own use; the form supposed that the
defendant might have acquired the possession of the property lawfully, namely,
by finding, but if he did not, by bringing the action the plaintiff waives the
trespass; no damages can therefore be recovered for the taking, all must be for
the conversion. 17 Pick. 1; Anthon, 156; 21 Pick. 559; 7 Monr. 209; 1 Metc.
2. It will be proper to consider the subject with reference, 1. To the thing
converted. 2. The plaintiff's right. 3. The nature of the injury. 4. The
pleadings. 5. The verdict and judgment.
3. - 1. The property affected must be some personal chattel; 3, Serg. &
Rawle, 513; and it has been decided that trover lies for title deeds; 2 Yeates,
R. 537; and for a copy of a record. Hardr. 111. Vide 2 T. R. 788; 2 Salk. 654; 2
New Rep. 170; 3 Campb. 417; 3 Johns. R. 432; 10 Johns. R. 172; 12 Johns. R. 484;
6 Mass. R. 394; 17 Serg. & Rawle, 285; 2 Rawle, R. 241. Trover will be
sustained for animals ferae naturae, reclaimed. Hugh. Ab. Action upon the case
of Trover and Conversion, pl. 3. But trover will not lie for personal property
in the custody of the law, nor when the title to the property can be settled
only by a peculiar jurisdiction; as, for example, property taken on the high
seas, and claimed as lawful prize, because in such case, the courts of admiralty
have exclusive jurisdiction. Cam. & N. 115, 143; but see 14 John. 273. Nor
will it lie where the property bailed has been lost by the bailee, or stolen
from him, or been destroyed by accident or from negligence case is the proper
remedy. 2 Iredell, 98.
4.-2. The plaintiff must at the time of the conversion have had a property in
the chattel either general or special; 1 Yeates, R. 19; 3 S. & R. 509; 15
John. R. 205, 349; 16 John. R. 159; 1 Humph. R. 199; he must also have had
actual possession or right to immediate possession. The person who has the
absolute or general property in a personal chattel may support this action,
although he has never had possession, for it is a rule that the general property
of personal chattels creates a constructive possession. 2 Saund. 47 a, note 1;
Bac. Ab. Trover, C; 4 Rawle, R. 185. One who has a special property, which
consists in the lawful custody of goods with a right of detention against the
general owner, may maintain trover. Story, Bailm. 93 n.
5. - 3. There must have been a conversion, which may have been effected, 1st.
By the wrongful taking of a personal chattel. 2d. By some other illegal
assumption of ownership, or by illegally using or misusing it; or, 3d. By a
wrongful detention., Vide Conversion.
6. - 4. The declaration should state that the plaintiff Was possessed of the
goods (describing them) as of his own property, and that they came to the
defendant's possession by finding; and the conversion should be properly
averred, as that is the gist of the action. It is not indispensable to state the
price or value of the thing converted. 2 Wash. 192. See 2 Cowen, 592 13 S. &
R. 99; 3 Watts, 333; 1 Blackf. 51; 1 South 211; 2 South. 509. Vide form, 2
Chitty's Pl. 370, 371. The usual plea is not guilty, which is the general issue.
Bull. N. P. 48.
7. - 5. The verdict should be for the damages sustained, and the measure of
such damages is the value of the property at the time of the conversion, with
interest. 17 Pick. 1; 7 Monr. 209; 1 Mete. 172; 8 Port. R. 191; 2 Hill, 132; 8
Dana, 192. The judgment, when for the plaintiff, is that he recover his damages
and costs; 1 Chit. Pl. 157; when for the defendant, the judgment is that he
recover his costs. Vide, generally, 1 Chit. Pl. 147 to 157 Chit. Pr. Index, h.
t.; Bac. Ab. h. t.; Dane's Ab. h. t. Vin. Ab. h. t.; Com. Dig. Action upon the
case upon trover; Id. Pleader, 2 I; Doct. Pl. 494; Amer. Digests, h. t.; Bouv.
Inst. Index, h. t. As to the evidence to be given in actions of trover, see
Rose. Civ. Ev. 395 to 412.
TROY WEIGHT. A weight less ponderous than the avoirdupois weight, in
the proportion of seven thousand, for the latter, to five thousand seven hundred
and sixty, to the former. Dane's Ab. Index, h. t. Vide Weights.
TRUCE, intern. 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 continuing. Burlamaqui's N. & P. Law, part 4, c.
2. Truces are of several kinds: general, extending to all the territories and
dominions of both parties; and particular, restrained to particular places; as,
for example, by sea, and not by land, &c. Id. part 4, c. 11, §5. They are
also absolute, indeterminate and general; or limited and determined to certain
things, for example, to bury the dead. Ib. idem. Vide 1 Kent, Com. 159; Com.
Dig. Admiralty, E 8; Bac. Ab.;Prerogative, D 4; League; Peace; War.
TRUE BILL, practice. These words are endorsed 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 defendant on his trial.
Formerly, the endorsement was Billa vera, when legal proceedings were in Latin;
it is still the practice to write on the back of the bill Ignoramus, when the
jury do not find it to be a true bill. Vide Grand Jury.
TRUST, contracts, devises. An equitable right, title or interest in
property, real or personal, distinct from its legal ownership; or it is a
personal obligation for paying, delivering or performing anything, where the
person trusting has no real. right or security, for by, that act he confides
altogether to the faithfulness of those intrusted. This is its most general
meaning, and includes deposits, bailments, and the like. In its more technical
sense, it may be defined to be an obligation upon a person, arising out of a
confidence reposed in him, to apply property faithfully, and according to such
confidence. Willis on Trustees, 1; 4 Kent, Com. 295; 2 Fonb. Eq. 1; 1 Saund.
Uses and Tr. 6; Coop. Eq. Pl. Introd. 27; 3 Bl. Com. 431.
2. Trusts were probably derived from the civil law. The fidei commissum, (q.
v.) is not dissimilar to a trust.
3. Trusts are either express or implied. 1st. Express trusts are those which
are created in express terms in the deed, writing or will. The terms to create
an express trust will be sufficient, if it can be fairly collected upon the face
of the instrument that a trust was intended. Express trusts are usually found in
preliminary sealed agreements, such as marriage articles, or articles for the
purchase of land; in formal conveyances, such as marriage settlements, terms for
years, mortgages, assignments for the payment of debts, raising portions or
other purposes; and in wills and testaments, when the bequests involve fiduciary
interests for private benefit or public charity,, they may be created even by
parol. 6 Watts & Serg. 97.
4. - 2d. Implied trusts are those which without being expressed, are
deducible from the nature of the transaction, as matters of intent; or which are
superinduced upon the transaction by operation of law, as matters of equity,
independently of the particular intention of the parties.
5. The most common form of an implied trust is where property or money is
delivered by one person to another, to be by the latter delivered to a third
person. These implied trusts greatly extend over the business and pursuits of
men: a few examples will be given.
6. When land is purchased by one man in the name of another, and the former
pays the consideration money, the land will in general be held by the grantee in
Trust for the person who so paid the consideration money. Com. Dig. Chancery, 3
W 3; 2 Fonbl. Eq. book 2, c. 5, §1, note a. Story, Eq. Jur. §1201.
7. When real property is purchased out of partnership funds, and the title is
taken in the name of one of the partners, he will hold it in trust for all the
partners. 7 Ves. jr. 453; Montague on Partn. 97, n.; Colly. Partn. 68.
8. When a contract is made for the sale of land, in equity the vendor is
immediately deemed a trustee for the vendee of the estate; and the vendee, a
trustee for the vendor of the purchase money; and by this means there is an
equitable conversion of the property. 1 Fonbl. Eq. book 1, ch. 6, §9, note t;
Story, Eq. Jur. SSSS 789, 790, 1212. See Conversion. For the origin of trusts in
the civil law, see 5 Toull. Dr. Civ. Fr. liv. 3, t. 2, c. 1, n. 18; 1 Brown's
Civ. Law, 190. Vide Resulting Trusts. See, generally, Bouv. Inst. Index, h.
TRUSTEE, estates. A trustee is one to whom an estate has been conveyed
2. The trust estate is not subject to the specialty or judgment debts of the
trustee, to the dower of his wife, or the curtesy of the hushand of a female
3. With respect to the duties of trustees, it is held, in conformity to the
old law of uses, that pernancy of the profits, execution of estates, and defence
of the land, are the three great properties of a trust, so that the courts of
chancery will compel trustees, 1. To permit the cestui que trust to receive the
rents and profits of the land. 2. To execute such conveyances, in accordance
with the provisions of the trust, as the cestui que trust shall direct. 3. To
defend the title of the land in any court of law or equity. Cruise, Dig. tit.
12, c. 4, s. 4.
4. It has been judiciously remarked by Mr. Justice Story, 2 Eq. Jur. §1267,
that in a great variety of cases, it is not easy to say what the duty of a
trustee is; and that therefore, it often becomes indispensable for him, before
he acts, to seek, the aid and direction of a court of equity. Fonbl. Eq. book 2,
c. 7, §2, and note c. Vide Vin. Ab. tit. Trusts, O, P, Q, R, S, T; Bouv. Inst.
Index, h. t.
TRUSTEE PROCESS, practice. In Massacchusetts, this is a process given
by statute, in imitation of the foreign attachment of the English law.
2. By this process, a creditor may attach any property or credits of his
debtor in the hands of a third person. This third person is, in the English law,
called the garnishee; in Massachusetts, he is the trustee. White's Dig. tit.
148. Vide Attachment.
TRUSTER. He who creates a trust. A convenient term used in the laws of
Scotland. 1 Bell's Com. 321, 6th ed.
TRUTH. The actual state of things.
2. In contracts, the parties are bound to toll the truth in their dealings,
and a deviation from it will generally avoid the contract; Newl. on Contr.
352-3; 2 Burr. 1011; 3 Campb. 285; and even concealment, or suppressio veri,
will be considered fraudulent in the contract of insurance. 1 Marsh. on Ins.
464; Peake's N. P. C. 115; 3 Campb. 154, 506.
3. In giving his testimony, a witness is required to tell the truth, the
whole truth, and nothing but the truth; for the object in the examination of
matters of fact, is to ascertain truth.
4. When a defendant is sued civilly for slander or a libel, he may justify by
giving the truth in evidence; but when a criminal prosecution is instituted by
the commonwealth for a libel, he cannot generally justify by giving the truth in
5. The constitutions of several of the United States have made special
provisions in favor of giving the truth in evidence in prosecutions for libels,
under particular circumstances. In the constitutions of Pennsylvania, Delaware,
Tennessee, Kentucky, Ohio, Indiana and Illinois, it is declared, that in
publications for libels on men in respect to their public official conduct, the
truth may be given in evidence, when the matter published was proper for public
information. The constitution of New York declares, that in all prosecutions or
indictments for libels, the truth may be given in evidence to the jury; and if
it shall appear to the jury that the matter charged as libelous, is true, and
was published with good motives and for justifiable ends, the party shall be
acquitted. By constitutional provision in Mississippi and Missouri, and by
legislative enactment in New Jersey, Arkansas, Tennessee, Act of 1805, c. 6: and
Vermont, Rev. Stat. tit. 11, c. 25, s. 68; the right to give the truth in
evidence has been more extended; it applies to all prosecutions or indictments
for libels, without any qualifications annexed in restraint of the privilege.
Cooke on Def. 61.
TUB, measures. In mercantile law, a tub is a measure containing sixty
pounds weight of tea; and from fifty-six to eighty-six pounds of camphor.
Jacob's Law Dict. h. t.
TUB-MAN, Eng. law. A barrister who has a pre-audience in the
Exchequer, and also one who has a particular place in court, is so called.
TUMBREL, punishment. A species of cart; according to Lord Coke, a
2. This instrument, like the pillory, was used as a means of exposure; and
according to some authorities, it seems to have been synonymous with the
trebucket or ducking stool. 1 Chit. Cr. Law, 797; 3 Inst. 219; 12 Serg. &
Rawle, 220. Vide Com. Dig. h. t.; Burn's Just. Pillory and Tumbrel.
TUN, measure. A vessel of wine or oil, containing four hogsheads.
TURBARY, Eng. law. A right to dig turf; an easement.
TURNKEY. A person under the superintendence of a jailor, whose
employment is to open and fasten the prison doors and to prevent the prisoners
2. It is his duty to use due diligence, and he may be punished for gross
neglect or wilful misconduct in permitting prisoners to escape.
TURNPIKE. A public road paved with stones or other hard substance.
2. Turnpike roads are usually made by corporations to which a power to make
them has been granted. The grant of such power passes not only an easement for
the road itself, but also so much land as is connected with it; as, for
instance, for a toll house and a cellar under it, and a well for the use of the
family. 9 Pick. R. 109. A turnpike is a public highway, and a building erected
before the turnpike was made, though upon a part out of the travelled path, if
continued there is a nuisance. 16 Pick. R. 175. Vide Road; Street; Way.
TURPIS CAUSA, contracts. A base or vile consideration, forbidden by
law, which makes the contract void; as a contract, the consideration of which is
the future illegal cohabitation of the obligee with the obligor.
TURPITUDE. Everything done contrary to justice, honesty, modesty or
good morals, is said to be done with turpitude.
TUTELAGE. State of guardianship; the condition of one who is subject
to the control of a guardian.
TUTOR, civil law. A person who has been lawfully appointed to the care
of the person and property of a minor.
2. By the laws of Louisiana minors under the age of fourteen years, if males,
and under the age of twelve years, if females, are both, as to their persons and
their estates, placed under the authority of a tutor. Civ. Code, art. 263. Above
that age, and until their, majority or emancipation, they are placed under the
authority of a curator. Ibid.
TUTOR ALIENUS, Eng. law. The name given to a stranger who enters into
the lands of an infant within the age of fourteen), and takes the profits.
2. He may be called to an account by the infant, and be charged as guardian
in socage. Litt. s. 124; Co. Litt. 89 b, 90 a Hargr. n. 1.
TUTOR PROPRTUS. The name given to one who is rightly a guardian in
socage in contradistinction, to a tutor alienus. (q. v.)
TUTORSHIP. The power which an individual, sui juris, has to take care
of the person of one who is unable to take care of himself. Tutorship differs
from curatorship, (q. v.) Vide Pro-curator; Pro-tutor; Undertutor.
TUTRIX. A woman who is appointed to the office of a tutor.
TWELVE TABLES. The name given to a code of Roman laws, commonly called
the Law of the Twelve Tables. (q. v.)
TWENTY YEARS. The lapse of twenty years raises a presumption of
certain facts, and after such a time, the party against whom the presumption has
been raised, will be required to prove a negative to establish his rights.
2. After twenty years from the time it became due, a bond will be presumed to
have been paid. 2 Cranch, 180; 3 Day, 289; 1 McCord, 145; 2 N. & McC. 160; 1
Bay. 482; 9 Watts, 441; 2 Speers, 357. And the same presumption arises that a
judgment has been paid, if no steps have been taken by the plaintiff for twenty
years after its rendition. 3 Brev. 476; 5 Conn. 1.
3. But the presumption of such payment is easily rebutted, by showing that
interest has been regularly paid. 1 Bailey, 148; that the obliger has admitted
it has not been paid 2 Harring, 124; 9 N. H. Rep. 398; or other circumstances
calculated to rebut the presumption. The proof of facts which show that the
obligor was poor and not likely to be able to pay the debt, is not sufficient. 5
4. When a debt is payable in instalments and secured by a penal bond, the
presumption of payment arising from lapse of time applies to each instalment as
it falls due. 3 Harring. 421.
5. By the English act of limitation, 21 Jac. 1, c. 16, the period during
which a possessory action for land can be sustained is fixed at twenty years, so
that an adverse possession of twenty years is a bar to an action of ejectment,
and such lapse of time gives a possessory title to the land. This period has
been adopted in many of the states of the Union, but there has been some
variation in others. See Limitation of actions.
6. But this statute did not affect incorporeal hereditaments, which remained
as before. In analogy to the act of limitation the courts presumed a grant after
twenty years adverse possession. Ana new grants are presumed upon proof of an
adverse, exclusive, and uninterrupted enjoyment of an incorporeal hereditament
at the end of twenty years. And the burden of proving that the possession was
adverse, that is, under a claim of title, with the knowledge or acquiescence of
the owner of the land; and also that it was uninterrupted, rests on the party
claiming such incorporeal hereditaments. 3 Kent, 441; 1 Cheves, R. 2; 4 Mason,
402; 2 Roll. Ab. 269; 2 Greenl. Ev. 444.
7. The time of enjoyment of a former owner who is in privity with the
claimant, can, in general, be joined to his own in order to make up the period
of twentv years, as in the case of the heir and ancestor, of grantor and
grantee. 9 Pick. 251. But the enjoyment of a former owner whose title has
escheated to the state by forfeiture, cannot be added to the time of the
enjoyment of the grantee of the state. 2 Greenl. Ev. 543.
TYBURN TICKET, Eng. late. A certificate given to the prosecutor of a
felon to conviction, is so called.
2. By the 10 & 11. W. III., c. 23, the original proprietor or first
assignee of such certificate is exempted from all and all manner of parish and
ward offices within the parish or ward where the felony shall have been
committed. Bac. Ab. Constable, C.
TYRANNY, government. The violation of those laws which regulate the
division and the exercises of the sovereign power of the state. It is a
violation of -its constitution.
TYRANT, government. The chief magistrate of the state, whether
legitimate or otherwise, who violates the constitution to act arbitrarily
contrary to justice. Toull. tit. prel. n. 32.
2. The term tyrant and usurper, are sometimes used as synonymous, because
usurpers are almost always tyrants; usurpation is itself a tyrannical act, but
properly speaking, the words usurper and tyrant convey different ideas. A king
may become a tyrant, although legitimate, when he acts despotically; while a
usurper may cease to be a tyrant by governing according to the dictates of
3. This term is sometimes applied to persons in authority who violate the
laws and act arbitrarily towards others. Vide Despotism.