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Bouvier's Law Dictionary

Tonnage
Tonnage. The Capacity Of A Ship Or Ves Gel. This Term Is Most Usually Applied To The Capac Ity Of A Vessel In Tons As Determined By The Legal Mode Of Measurement ; In England Reckoned Ac Cording To The Number Of Tons Burden A Ship Will Carry, But Here ...

Torrens System
Torrens System. See Land Title And Transfer. Tort (fr. Tort, From Lat. Torquere, To Twist, Tortus, Twisted, Wrested Aside). A Private Or Civil Wrong Or Injury. A Wrong Independent Of Contract. 1 Hill. Torts 1. The Breach Of A Legal Duty. Big. Torts 3. In Admiralty It Includes Wrong Suffered ...

Torture
Torture. The Rack, Or Question, Or Oth Er Mode Of Examination By Violence To The Person, To Extort A Confession From Supposed Criminals, And A Revelation Of Their Associ Ates. It Is To Be Distinguished From Punish Ment, Which Usually Succeeds A Conviction For Offences ; As It Was Inflicted ...

Towage
Towage. The Act Of Towing Or Drawing Ships And Vessels, Usually By Means Of A Small Steamer Called A Tug. Towage Service Is Confined To Vessels Who Have Received No Injury Or Damage ; Mc Connochie V. Kerr, 9 Fed. 53. Where Towage Is Rendered In The Rescue Or Relief ...

Town
Town. A Term Of Somewhat Varying Signification, But Denoting A Division Of A Country Next Smaller In Extent Than A County. A Town Is A Municipal Corporation Compris Ing The Inhabitants Within Its Boundaries And Formed For The Purpose Of Exercising Such Powers And Discharging Such Duties Of Local Government ...

Township
Township. The Public Lands Of The Unit Ed States Are Surveyed First Into Tracts Called Townships, Being In Extent Six Miles Square. The Subdivisions Of A Township Are Called Sections, Each A Mile Square And Containing Six Hundred And Forty Acres ; These Are Sub Divided Into Quarter-sections, And From ...

Trade
Trade. Any Sort Of Dealings By Way Of Sale Or Exchange; Commerce, Traffic. May V. Sloan, 101 U. S. 231, 25 L. Ed. 797; In Re Pinkney, 47 Kan. 89, 27 Pac. 179. Tne Deal Lugs In A Particular Business: As, The Indian Trade ; The Business Of A Particular ...

Trade Mark
Trade-mark. A Symbol, Emblem, Or Mark, Which A Tradesman Puts Upon Or At Taches In Some Way To The Goods He Manu Factures Or Has Caused To Be Manufactured, So That They May Be Identified And Known In The Market. Brown, Trade-marks, 2d Ed. § 87. "a Particular Mark Or ...

Trade Secrets
Trade Secrets. The Owner Of A Trade Secret Is Protected Against Invasion Of His Rights Therein By Fraud Or Breach Of Trust Or Contract; Tabor V. Hoffman, 118 N. Y. 36, 23 N. E. 12, 16 Am. St. Rep. 740. So Long As One Keeps His Secret Process From Dis ...

Trader
Trader. One Who Makes It His Business To Buy Merchandise, Or Goods And Chattels, And To Sell The Same For The Purpose Of Mak Ing A Profit. See State V. Chadbourn, 80 N. C. 481, 30 Am. Rep. 94; Sylvester V. Edge Comb, 76 Me. 500. The Quantum Of Dealing ...

Trading Stamps
Trading Stamps. The Current Name For A Method Of Conducting Some Kinds Of Retail Business Which Consists Of An Agree Ment Between A Number Of Merchants And A Corporation That The Latter Shall Print The Names Of The Former In Its Subscribers' Dic Tionary And Circulate A Number Of Copies ...

Transitory Action
Transitory Action. An Action The Cause Of Which Might Have Arisen In One Place Or County As Well As Another. In General, All Personal Actions, Whether Ex Eontractu; 5 Taunt. 25; New York Corp. V. Dawson, 2 Johns. Cas. (n. Y.) 335; Hen Wood V. Cheeseman, 3 S. & R. ...

Translation
Translation. The Reproduction In One Language Of What Has Been Written Or Spoken In Another. In Pleading, When A Libel Or An Agreement Written In A Foreign Language Must Be Aver Red, It Is Necessary That A Translation Of It Should Also Be Given. "making A Translation [of A Contract ...

Traverse
Traverse. To Deny ; To Put Off. In Civil Pleading. To Deny Or Controvert Anything Which Is Alleged In The Previous Pleading. Lawes, Pl. 116. A Denial. Willes 224. A Direct Denial In Formal Words : "with Out This, That, Etc." (absque Hoc). 1 Chitty, Pl. 523, N. A. A ...

Treason
Treason. This Word Imports A Betray Ing, Treachery, Or Breach Of Allegiance. "4 Bla. Com. 75. In England, Treason Was Vided Into High And Petit Treason. The Lat Ter, Originally, Was Of Several Forms, Which, By 25 Edw. Iii. St. 5, C. 2, Were Reduced To Three : The Killing ...

Treasure Trove
Treasure Trove. Found Treasure. This Name Is Given To Such Money Or Coin, Gold, Silver, Plate, Or Bullion, Which, Having Been Bidden Or Concealed In The Earth, Or Oth Er .private Place, So Long That Its Owner Is Un Known, Has Been Discovered By Accident. Should The Owner Be Found, ...

Treaty
Treaty. It Is Inevitable That Disputes Should Arise Between Nations. International Law Recog Nizes Three Ways In Which These Disputes May Be Settled,—by Amicable Methods, By Forcible Methods Falling Short Of War, And By War. When Negotiations Between The For Eign Offices Of The Two States Have Failed To Settle ...

Treaty Of Peace
Treaty Of Peace. A Treaty Of Peace Is An Agreement Or Contract Made By Bellig Erent Powers, In Which They Agree To Lay Down Their Arms, And By Which They Stipu Late The Conditions Of Peace And Regulate The Manner In Which It Is To Be Restored And Supported. Vattel, ...

Tree
Tree. A Woody Plant, The Branches Of Which Spring From, And Are Supported Upon, A Trunk Or Body. It May Be Young Or Old, Small Or Great. Clay V. Tel. Co., 70 Miss. 411, 11 South. 658. Trees Are Part Of The Real Estate While Growing And Before They Are ...

Trespass
Trespass. An Unlawful Act Committed With, Violence, Actual Or Implied, Causing In Jury To The Person, Property, Or Relative Rights Of Another. Any Unlawful Act Committed With Vio Lence, Actual Or Implied, To The Person, Prop Erty, Or Rights Of Another. Any Unauthorized Entry Upon The Realty Of Another To ...

Trespass Quare Clausum Fregit
Trespass Quare Clausum Fregit (lat. Quare Daimon Fregit, Because He Had Broken The Close). The Form Of Action Which Lies To Recover Damages For Injuries To The Realty Consequent Upon Entry Without Right Upon The Plaintiff's Land. Close Means The Interest A Person Has In Any Piece Of Ground, Whether ...

Trespasser
Trespasser. Necessarily Exceptions Have From Time To Time Been Recognized To The Rule That Any Entry Upon The Land Of Another Without His Consent Is A Trespass. An Entry May Be Justified In The Course Of Legal Proceedings As Where An Officer Is Required To Make A Levy Under An ...

Trespasser_2
Trespasser. One Who Does An Unlawful Act, Or A Lawful Act In An Unlawful Manner, To The Injury Of The Person Or Property Of An Other. Any Act Which Is Injurious To The Property Of Another Renders The Doer A Tres Passer, Unless He Has Authority To Do It From ...

Trial
Trial. In Practice. The Examination Be Fore A Competent Tribunal, According To The Laws Of The Land, Of The Facts Put In Issue In A Cause, For The Purpose Of Determining Such Issue. U. S. V. Curtis, 4 Mas. 232, Fed. Cas. No. 14,905. The Examination Of The Matter Of ...

Trover
Trover (fr. Trouver, To Find). In Prac Tice. A Form 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. A Generic Name, Applied To Those Torts, Arising ...

Truce
Truce.. An Agreement Between Belliger Ent Parties By Which They Mutually Engage To Forbear All Acts Of Hostility Against Each Other For Some Time, The War Still Continuing. At The Present Day There Is No Practical Dis Tinction Between Truces And Armistices (q. V.). Arts. 36-41 Of The Convention Concerning ...

Trust
Trust. The Power To Give A Mortgage Is Said To Be Inherent, Unless Prohibited By Statute, In All Corporations Except Railway Companies. In The Case Of The Latter, The Power Does Not Exist Unless Conferred By Charter Or Statute ; Cook, Stock And Stockh. § 780. In Practice, However, This ...

Trust Fund Doctrine
Trust Fund Doctrine. See Stock Holder. 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 Or Managed For Another. To A Certain Extent, Executors, Adminis Trators, ...

Ture Acts
Ture Acts. In The United States, The Admiralty Courts Discharge The Duties Both Of A Prize And An Instance Court (q. V.). The District Courts Are Prize Courts ; Glass V. The Betsey, 3 Dall. (u. S.) 6, 1 L. Ed. 485. And Are Given Such Jurisdiction By The Judicial ...

Turnpike Road
Turnpike-road. A Road Or Highway Over Which The Public Have The Right To Travel Upon Payment Of Toll, And On Which The Par Ties Entitled To Such Toll Have The Right To Erect Gates And Bars To Insure Its Payment. 6 M. & W. 428; Maysville & Mt. S. Turnp. ...

Unborn Child
Unborn Child. Where A Woman Was Injured During Pregnancy By A Highway Colli Sion, She Was Held Entitled To Damages For Mental Distress Due, Before The Birth Of The Child, To Her Fear That It Would Be Deformed, But Not For Mental Suffering After The Birth Caused By Its Then ...

Undue Influence
Undue Influence. The Use By One, In Whom A Confidence Is Reposed By Another Holds A Real Or Apparent Authority Over Him, Of Such Confidence Or Authority For 'the Pur Pose Of Obtaining An Unfair Advantage Of His Weakness Of Mind, Or Of His Necessities Or ; Dolliver V. Dolliver, ...

United States
United States. In This Country The Sub Ject Has Received No Less Attention And Has Presented Obstacles Of Less Magnitude. Codes And Revisions Have Been Enacted As Follows: The Revision Of Federal Statutes In 1873, Which Went Into Effect June 22, 1874, Was By Act Of Congress Declared To Constitute ...

United States Commissioners
United States Commissioners. Each District (formerly Circuit) Court Of The States May Appoint, In Different Dis Tricts Of The Circuit Of Which It Is Composed, As Many Discreet Persons As It May Deem Necessary, Who Shall Be Called "commission Ers Of The Circuit (now District) Court," And Shall' Exercise The ...

United States Courts
United States Courts. Except In The Case Of Impeachments The Judicial Power Of The United States Is Vested By The Con Stitution Iu A Supreme Court And Such Other Inferior Courts As May Be From Time To Time Established By Congress.. All The Judges Are Appointed By The President, With ...

United States Of America
United States Of America. The Re Public Whose Organic Law Is The Constitution Adopted By The People Of The Thirteen States Which Declared Their Independence Of The Government Of Great Britain On The Fourth Day Of July, 1776. When They Are Said To Constitute One Nation, This Must Be Understood ...

Usage
Usage. Uniform Practice. Usage And Custom Are Now Used Inter Changeably, Though Custom Seems To Have Been Originally Confined To Local Usages Im Memorially Existing; Browne, Us. & Cust. 13. A Usage Must Be Established ; That Is, It Must Be Known, Certain, Uniform, Reasonable, And Not Contrary To Law; ...