Trader
Trader. One Who Makes It His Business To Buy Merchandise, Or Goods And Chattels, And To Sell The Same For The Purpose Of Making A Profit. The Quantum Of Dealing Is Immaterial, When An Intention To Deal Generally Exists. 3 Stark. 56; 2 Carr. & P. 135; 1 Term, 572. ...
Tranding
Tranding. In Maritime Law. The Running Of A Ship Or Other Vessel On Shore: It Is Either Accidental Or Voluntray. Accidental Stranding Takes Place Where The Ship Is Driven On Shore By The Winds And Waves. Voluntary Stranding Takes Place Where The Ship Is Run On Shore Either To Preserve ...
Traverse L
Traverse (l. Fr. Traverser, To Tura Over, To Deny). To Deny ; To Put Off. In Civil Pleading. To Deny Or Controvert Any Thing Which Is Alleged In The Previous Pleading. Lewes, Pl. 116. A Denial. Willes, 224. A Direct Denial In Formal Words: "without This, That, Etc." (absque Hoc). ...
Treasure Trove
Treasure Trove. 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 Its Owner Is Unknown, Has Been Dis Covered By Accident. Should The Owner Be Found, It ...
Treaty
Treaty. In International Law, A Treaty Is A Compact Made Between Two Or More Independent Nations With A View To The Public Welfare. Treaties Are For A Perpetuity, Or For A Considerable Time. Those Matters Which Are Accomplished By A Single Aot And Are At Once Perfected In Their Execution ...
Tree
Tree. A Woody Plant, Which In Respect Of Thickness And Height Grows Greater Than Any Other Plant. 2. Trees Are Part Of The Real Estate While Growing And Before They Are Severed From The Freehold ; But As Soon As They Are Cut Down They Are Personal Property. Some Trees ...
Trespass
Trespass. Any Misfeasance Or Act Of One Man Whereby Another Is Injuriously Treated Or Damnified. 3 Blackstone, Comm. 208 ; 7 Conn. 125. Any Unlawful Act Committed With Violence, Actual Or Implied, To The Person, Property, Or Rights Of Another. Any Unauthorized Entry Upon The Realty Of Another To The ...
Trespasser
Trespasser. One Who Does An Un Lawful Act, Or A Lawful Act In An Unlawful Manner, To The Injury Of The Person Or Pro Perty Of Another. Any Act Which Is Injurious To Tile Property Of Another Renders The Doer A Trespasser, Un Less He Has Authority To Do It ...
Trial
Trial. In Practice. The Examine, Tion Before A Competent Tribunal, According To The Laws Of The Land, Of The Facts Put In Issue In A Cause, For The Purpose Of Deter Mining Such Issue. 4 Mas. C. C. 232. Trial By Certificate Is A Mode Of Trial Allowed By The ...
Trover
Trover (fr. Trouser, To Find). In Prac Tice. A Forun Of Action Which Lies To Recover Damages Against One Who Has, Without Right, Converted To His Own Use Goods Or Personal Chattels In Which The Plaintiff Has A General Or Special Property. The Action Was Originally An Action Of Trespass ...
Trust
Trust. A Right Of Property, Real Or Personal, Held By One Party For The Benefit Of Another. The Party Holding Is Called The &twice, And The Party For Whose Benefit The Right Is Held Is Called The Ceetui Que Truer, Or, Using A. Better Term, The Bene Ficiary. Sometimes The ...
Trustee
Trustee. A Person In Whom Some Estate, Interest, Or Power In Or Affecting Pro Perty Of Any Description Is Vested For The Benefit Of Another. One To Whom Property Has Been Conveyed To He Held Or Managed For Another. 2. To A Certain Extent, Executors, Adminis Trators, Guardians, And Assignees ...
Tumbrel
Tumbrel. An Instrument Of Punish Ment 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 Long Pole. 2. In Domesday It In Called Cathedra Etercorie, And Is Described As ...
Turnpike
Turnpike. A Gate Set Across A Road, To Stop Travellers And Carriages Until Toll Is Paid For Passage Thereon. In The United States, Turnpike-roads Are Often Called Turn Pikes : Just As Mail-coach, Hackney-coach, Stage-coach, Are Shortened To Mail, Hack, And Stage. Encyc. Am. A Road Or High Way Over ...
Ultra Vires
Ultra Vires (lat.). The Modern Technioal Designation, In The Law Of Corpora, Tions, Of Acts Beyond The Scope Of Their Powers, As Defined By Their Charters Or Acts Of Incor Poration. 2. As A General Rule, Such Acts Are Void, And Impose No Obligations Upon The Corpora Tion Although They ...
Under The Statute Of
Under The Statute Of Frauds. 1.1. At Common Law, A Contract Of Guaranty Or Suretyship Could Be Made By Parol; But By The Statute Of Frauds, 29 Car. Ii. C. 3, " No Action Shall Be Brought Whereby To Charge The Defendant Upon Any Special' Promise To Answer For The. ...
United States Of America
United States Of America. The Nation Occupying The Territory Between British America On The North, Mexico On The South, The Atlantic Ocean And Gulf Of Mexico On The East, And The Pacific Ocean On The West; Being The Republic Whose Organic Law Is The Constitution Adopted By The People Of ...
Usage
Usage. Long And Uniform Practice, In Its Most Ixtensive Meahing, This Term Includee Custom And' Prescription,• Though' It Differs From Them; In. A Narfower Sense,' It Is Applied To' The Habits, Modes, And Course Of Dealing Which ,:are Et:served In Trade Generally, As To. All Mercantile Transactions, Or T'o Soine ...
Use
Use. A Confidence Reposed In Another, Who Was Made Tenant Of The Land, Or Terre Tenant, That He Would Dispose Of The Land Accordin5 To The Intention Of The Cestui Que Use, Or Him To Whose Use It Was Granted, And Suffer Him To Take The Profits. Plowd. 352 ; ...
Usury
Usury. The Excess Over The Legal Rate Charged To A Borrower For The Use Of Money. Originally, The Word Was Applied To All Inte Rest Reserved For The Use Of Money; And In The Early Ages Taking Such Interest Was Not Allowed. 2. There Must Be A Loan In Contemplation ...
Utero Gestation Gestation
Gestation, Utero-gestation. In Medical Jurisprudence. The Time During Which A &male, Who Has Conceived, Carries The Embryo Or Fcetus Haler Uterus. This Directly Involves The Duration Of Pregnancy, Questions Concerning •which Most Frequently Arise In Cases Of Contested Legitimacy. The Descent Of Property And Peerage May He Made Entirely Depend ...
Venue L
Venue (l. Lat. Visnetum, Neighbor Hood. 'r The Word Was Formerly Spelled Visne. Coke, Litt. 125 A). In Practice. The County In Which The Fadts Are Alleged To Have Occurred, And From Which The Jury Are To Come To Try The Issue. Gould, Plead. C. 3, 102 ; Archbold, Civ. ...
Vermont
Vermont. The Name Of One Of The New States Of The United States Of America. 2. It Was Admitted By Virtue Of "an Act For The Admission Of The State Of Vermont Into This Union," Approved February 18, 1791, I Story, U. S. Laws, 169, By Which It Is Enacted ...
Vetituivi
Vetituivi Nalitil7m (taw Lat.. Ce Titum, Forbidden,. Namium, Taking). Where The •of A Lord Distrisins‘beasts Or Goods Of &nether,' And The Lord' Forbids- The Bailiff To Deliver Theni When The Sheriff Col:nes:le Make Replevin, The Owner Of The Cattle; May De-' Marasatisfaction In Placitum De Vetito Namio. Colco,..qd Inst.140; Record.in• ...
Vexation
Vexation. Theinjury Or' Damage Which •is Suffered. In•consequence Ofthatricks Of Another. .;,;• „ ' Vexa.ti0178.1roit. Tortis. A Suit Which Has Been Instituted Malibionsly,, And Withont' Probable Cluiskarhereby A Damage Lias' Ensued To The Defendant. 2: The Suit Is Eitheip, Criminal Proseciition, A Conviction Beforea' Magletrate, Or A Civil Action.• The.suit ...
Viability
Viability (from The French Vie). Capability Of Living. A Term Used To Denote The Power A New-born Child Possesses Of Con Tinuing Its Independent Existence. 2. That A Child.may Be Viable,. It Is Neces Sary That Not Only The °kens Should Be.iii; A Normal . State, But Likeviise All' The ...
Viil
Viil Every Officer Must He Responsible To The Affected Person For The Legality Of His Act; And No Sot Must Be Done For Which Some One Ia Not Re Sponsible. Ix. It Has Been Deemed Necessary In The Bill Of Rights And The American Constitution Specially To Refer To The ...
Virginia
Virginia. One Of The Thirteen Origi Nal United States. 2. The Name Was Given In Honor Of Queen Eliza Beth, The Virgin Queen Of England. In 1666, J Ames I. Granted Letters Patent For Planting Colonies In Virginia. Theee Grants In The Letters Patent Em Braced A Country Extending Along ...
Voluntary Conveyance
Voluntary Conveyance. The Transfer Of An Estate Made Without Any Ade- • Quate Consideration Of Value. 2. Whenever A Voluntary Conveyance Is Made, A Presumption Of Fraud Properly Arises, Upon The Statute Of 27 Eliz. C. 4, Which Pre Sumption May Be Repelled By Showing That The Transaction On Which ...
Wager
Wager Or Law. In Old Practice. An Oath Taken By A Defendant In An Action Of Debt That He Does Not Owe The Claim, Sup Ported By The Oaths Of Eleven Neighbors. When An Action Of Debt Is Brought Against A Man Upon A Simple Contract, And The Defendant Pleads ...
Wager_2
Wager. A Bet ; A Contract By Which Two Parties Or More Agree That A Certain Sum ,f Money, Or Other Thing, Shall Be Paid Or Delivered To One Of Them On The Happening Or Not Happening Of An Uncertain Event. 2. In General, It Seems That A Wager Is ...
Warrant Of Attorney
Warrant Of Attorney. In Practice. An Instrument In Writing, Ad Dressed To One Or More Attorneys Therein Named, Authorizing Them, Generally, To Appear In Any Court, Or In Some Specified Court, On Behalf Of The Person Giving It, And To Confess Judgment In Favor Of Some Particular Person Therein Named, ...
Warranty
Warranty. In Inaurance. A Stipulation Or Agreement On The Part Of The Insured Party, In The Nature Of A Condition. I 'an Express Warranty Is A Particular Stipu Lation Introduced Into The Written Contract By The Agreement Of The Parties. An Implied Warranty Is An Agreement Which Necessarily Results From ...
Washington
Washington. One Of The Territories Of The United States Of America. 2. This Territory, Lying Between The Columbia River And The 46th Parallel Of Latitude On The South And The 49th Parallel On The North, The Rooky Mountains On The East, And The Pacific Ocean On The West, And Formerly ...
Waste
Waste. Spoil Or Destruction, Done Or Permitted, To Lands, Houses, Or Other Corporeal Hereditaments, By The Tenant Thereof', To The Prejudice Of The Heir Or Of .him In Reversion Or Remainder. Permissive Waste Consists In The Mere Neg Lect Or Omission To Do What Will Prevent Injury : As, To ...
Water
Water. Those Who Own Land Bounding Upon A Water-course Are Denominated By The Civilians Riparian Proprietors ; And This Convenient Term Has Been Adopted By Judges And Writers On The Common Law. Angell, Wat.-conrses, 3 ; 3 Kent, Comm. 354 ; 4 Mas. C. C. 397. 3. By The Rules ...
Way
Way. A Passage, Street, Or Road. 2. A Right Of Way Is The Privilege Which An Individual, Or A Particular Description Of Individuals, As, The Inhabitants Of A Village Or The Owners Or Occupiers Of Certain Farms, Have Of Going Over Another's Ground. It Ie An Incorporeal Hereditament Of A ...
Wharf
Wharf. A Space Of Ground Artificially Prepared For The Reception Of Merchandise From A Ship Or Vessel, So As To Promote The Convenient Loading And Discharge Of Such Vessel. 2. At Common Law, The Soil Of All Tide Waters Below High-water Mark Being Vested In The Crown As The Conservator ...
Wharfinger
Wharfinger. One Who Owns Or Keeps A Wharf For The Purpose Of Receiving And Shipping Merchandise To Or From It For H Ire. 2. A Wharfinger Stands In The Situation Of An Ordinary Hailee For Hire, And, Therefore, Like A Warehouseman, He Is Responsible For Ordinary Neglect, And Is Required ...
Wifes Equity
Wife's Equity. The Equitable Right Of A Wife To Have Settled Upon Her And Her Children A Suitable Provision Out Of Her Estate Whenever The Husband Cannot Obtain It With Out The Aid Of A Court Of Equity. Shelford, Marr. & D. 605. 2. By The Marriage The Husband Acquires ...
Wilfully
Wilfully. Intentionally. In Charging Certain Offences, It Is Reguired That They Should Be Atated To Be Wilfully Done. Archbold, Crim. Plead. 51, 58 ; Leach, Cr. Cas. 556. In Pennsylvania, It Has Been Decided That The Word Maliciously Was An Equivalent For The Word Wilfully, In An Indictment For Arson. ...
Wisconsin
Wisconsin. One Of The New States Of The United States. 2. It Was Originally A Part Of The Territory North West Of The Ohio Rivor, And Aubjeot To The Ordi Nance Of July 13, 1787, Establishing That Territory. It Was Made A Separate Territory, With The Name Of Wisoonsin By ...
Word
Word. One Or More Syllables Which When United Convey An Idea ; A Single Part Of Speech. 2. Words Are To He Understood In A Proper Or Figurative Sense, And They Are Used Both Ways In Law. They Are Also Used In A Tech Nical Sense. It Is A General ...
Wreck
, Wreck (oalled In Law' Latin Wreccum Marl's, And In Law French Wrec De Mer). In Maritime Lavw. Such Goods As After A Shipivreck Are Cast Upon The Landlay The Sea, And Loft There Within Some Country So As Nbt To Bebing To The Jurisdiction Of The Admi Palty,tait To ...
Writ Of
.!' Writ Of •ejectment. In Prac Tice. The Name Of. A Process Isaned By A Party Claiming Land Other Real Estate, Against One Who Is Alleged...to Be Unlawfully Possession. See.ejectmpit.. • • • Writ Of.entry. See.ent'air,w1ntof. Writ Of Error. In•practice. A . Writ Issued Out Of A Court Of Coinpetent ...
Year
Year. The Period In Which The Revolu Tion Of The Earth Round The Sun, And The Accompanying Changes In The Order Of Nature, Are Completed. 2. The Civil Year Differs From The Astro Nomical, The Latter Being Composed Of Three Hundred And Sixty-five Days, Five Hours, Forty Eight Seconds And ...
Year And Day
, Year And Day. A Period Of Time Much Recognized In Law. It Is Not .in All Eases. Limited To A Precise Calendar Year. In Scotland, .in Coniputing The Term, The Year And Day Is To Be'reekorted, Not By The Number Of Days Ivbich Go To Make Up A Year, ...