TALLIES

Tallies of loan. Bills of credit issued by the officers of the English exchequer when a temporary loan is necessary to meet the exigencies of government. See 36 U. S. 257, 9 L. Ed. 928, 931. Taltarum's Case. An old English case out of which common recoveries arose.

Talzie. Same as Tailzie.

Tam. So. See Qui tam action.
Tam quam. As much as.

Tam facti quam animi. As much in deed as in intent.

Tamen. Yet; nevertheless.

Tangible. That which can be touched

or perceived with the senses. Tamper with. To interfere with, improperly, but not necessarily criminally. See 92 Me. 151, 42 Atl. 345.

Tanistry. An Irish tenure wherein

land descended to the oldest and worthiest man of blood and fame. Tanquam prescriptum quod possessum. Prescription extends as far as possession.

Tantum bona valent, quantum vendi possunt. Goods are worth as much as they can be sold for.

Tantum habent de lege, quantum habent de justitia. Matters possess weight in law according as they possess justice.

Tantus. As much; so much.
Tantum bona valent quantum vendi

possunt. Goods are worth only so much as they can be sold for. Tarde. An officer's return stating that he received the process too late for service or levy.

Tare. An allowance of weight made for the wrapping or container of goods in computing duties. See 5 Blatchf. 191, 17 Fed. Cas. (U. S.) 1149.

ΤΑΧΑΤΙΟ

Tariff. A schedule or tabulated rate list.

Tauri liberi libertas. A bull for the free and common use of the tenants of the manor.

Tavern. A house licensed to sell liquors in small quantities, to be drunk on the spot. See Cheves' Law (S. C.), 220, 34 Am. Dec. 593. Taverner. A tavern-keeper. Tax. See Taxes.

Tax certificate. A certificate of sale for land sold for unpaid delinquent taxes. See 35 Minn. 408, 29 N. W. 121.

Tax collector. A public officer au thorized by law to collect and to enforce the payment of taxes. Tax deed. A deed conveying to the purchaser land sold for taxes. Tax levy. The establishment or fixing of a rate of taxation by a competent board or body.

Tax list. The official list or book containing the descriptions of property and names of persons who are liable to assessment. 55 Vt. 446.

See

TAXATIO

com

Taxatio expensarum. Taxation of costs, which see. Taxation. An approximate pensation rendered by the inhabitants of a commonwealth or the owners of property situated within its borders for the protection afforded their persons or property by the government. See 56 Am. Dec. 523, note.

Taxes. The enforced proportional contributions from persons and property, levied by the state, by virtue of its sovereignty, for the support of the government, and for all public needs. See 8 Am. St. Rep. 506, note.

Taxpayer. One who owns property within a municipality, and who pays a tax or is subject to and liable for a tax. See Ann. Cas.

1914C, 1057, note.

Technical error. An abstract and harmless error. See 102 Ind. 539.

Teinds. Tithes, which see. Telegraph. Held to include telephone. See 48 Ohio St. 390, 29 Am. St Rep. 559, 12 L. R. A. 534, 27 N. E. 890.

Teller. One appointed to count votes cast.

Telltale. A row of wire strands

hung over a railroad track so as to touch and warn train hands on top of the cars of a bridge or tunnel ahead. See 63 Hun (N. Y.), 632.

Temere. Rashly.

Templars. An order of religious knights organized in the 12th century.

Temporal lords. English peers not connected with the church.

Temporalis actio. An action which must be brought within a limited time, if at all.

TEMPUS

Temporalities. The revenues of the Catholic church from pew rents, collections, school fees and donations. See 86 Md. 23, 37 Atl. 720. Temporary alimony. Same as Alimony pendente lite.

Temporary injunction. Same as Injunction pendente lite.

Temporary insanity. A mental state produced directly by voluntary intoxication whereby the person becomes incapable of knowing his act is wrong. See 31 Tex. Cr. 318, 37 Am. St. Rep. 811, 18 L. R. A. 421, 20 S. W. 744. Temporary loan. One to be paid with and by the taxes of the current fiscal year. See 31 App. Div. 603, 52 N. Y. Supp. 781. Temporary restraining order. One which contemplates a further hearing. See 62 Neb. 840, 88 N. W. 124.

Temporary statute. One with a time limit fixed for its operation. See 70 Ill. 388.

Temporis exceptio. A plea setting up lapse of time as a defense. Tempus. Time.

Tempus continuum.

(Civil Law) A time period uninterrupted by holidays, absences, or other causes. Tempus enim modus tollendi obliga

tiones et actiones, quia tempus currit contra desides et sui juris contemptores. For time is a means of dissipating obligations and actions, because time runs against the slothful and those careless of their own right.

Tempus exceptio. A plea setting up lapse of time.

Tempus regis Edwardi. In the time of King Edward, i. e., Edward the Confessor, king of the West Saxons, 1042-1066.

Tempus utile. A time of advantage.

TENANCY

Tenancy. The relation created by a letting of real estate to one who is to hold of him as landlord. See 24 Mich. 279, 9 Am. Rep. 124. Tenant. The lessee in a tenancy.

See Tenancy.

Tenant at sufferance. One that comes into possession of land by lawful title, but holdeth over by wrong, after the determination of his interest. See 42 Am. Dec. 130, note.

Tenant at will. The holder of an

Estate at will, which see.

Tenant by elegit. A judgment creditor in possession of his debtor's land under an execution.

One of the holders of an estate by entireties. See Estate by entireties.

Tenant by entirety.

Tenant by the courtesy. A widower as the holder of an estate by the courtesy. See Estate by the courtesy.

Tenant for life. The holder of a life estate in land. See Life estate.

Tenant for years. The holder of an

estate for a fixed time.

Tenant from year to year. The

holder of an estate from year to year. See Estate from year to

year.

Tenant in common. See Tenants in

common.

Tenant in dower. A widow as the holder of land by virtue of her dower. See Dower.

Tenant in fee. The holder of a fee simple. See Fee simple.

Tenant in severalty. The holder of an interest or estate as sole owner thereof.

Tenant paravail. The tenant of a tenant. See 2 Bl. Comm. 60.

TENOR

Tenant right. A tenancy wherein the tenant had the right to renew his lease.

Tenant to the praecipe. The defendant in a writ of praecipe. See Praecipe.

Tenants in common. Two or more

persons who are entitled to land in such manner that they have an undivided possession, but several freeholds. See 96 Mich. 459, 35 Am. St. Rep. 617, 56 N. W. 16. Tender. A production in money of the precise sum due a creditor accompanied by an offer then and there to deliver it to him in payment of the debt. See, also, Legal tender.

Tender of issue.

The concluding phase of a plea offering to submit the controversy to the court or to a jury.

Tenement. Any interest or estate in land which may be held; in a more restricted sense, a house or building. See 84 Iowa, 407, 15 L. R. A. 296, 51 N. W. 18. Tenementum. A tenement. Tenemental lands. Lands distributed by the lords among their tenants. Tenendum. To hold, the clause in a deed following the habendum signifying the tenure by which the estate granted was to be held. See 2 Bl. Comm. 298. Tenens. A tenant. Tener. To hold; to keep. Tenere. To hold. Teneri.

The part of a bond wherein the maker states that he is held and firmly bound, etc.

Tenet. The tenant of a freehold. Tenor. An exact copy. See Ann. Cas. 1914B, 660, note.

Tenor est qui legem dat feudo. It is the tenor which gives law to the fee. See 2 Bl. Comm. 310.

TENOR

Tenor of a bill. The time and manner of its payment. See 76 Iowa, 629, 14 Am. St. Rep. 254, 2 L. R. A. 709, 41 N. W. 381. Tenor of a will. The will's purport and effect. See 139 Ind. 382, 47 Am. St. Rep. 274, 38 N. E. 812. Tenore praesentium. By the tenor of these presents.

Tenths. Temporary aids issuing out of personal property, and granted to the king by parliament. See 1 Bl. Comm. 308. Decimae. See 1 Bl. Comm. 284.

Tenure. The kind or character of a tenant's holding; the service due from the tenant to the landlord; the estate which one holds in land. See 2 Ky. 168. Term of office. See 9 Wend. (N. Y.) 58.

Tenure by divine service.

A service

tenure wherein the tenants performed religious services.

Tenure in capite. Holding directly from the crown or from the chief lord.

Tenure in chief. Tenure directly of the king.

Terce. (Scotch) Dower.

Tercerone. The issue of a white person and a mulatto. See 19 Ark. 121.

Term. An actual session of court, having a place, time, judge and jury, at which a trial can be had. See 56 L. R. A. 531, note. An interest or estate in land. See 71 Cal. 46, 11 Pac. 813. The duration period of a patent. See 65 Fed. (U. S.) 803. The duration period of an office. See 88 Md. 691, 41 Atl. 1087.

Term of court. See Term.

Term of office. See Term.
Termino. A term.

TERRA

Terminum qui praeteriit, Writ of entry ad. See Writ of entry ad terminum, etc.

Terminus. A boundary; an end; a limit.

Terminus a quo. The end from which. See 18 Or. 367, 17 Am. St. Rep. 742, 23 Pac. 249. Terminus ac foedum non possunt constare simul in una eademque persona. A term and the fee cannot at the same time vest in one and the same person.

Terminus ad quem. The end of a private right of way. See 19 Ill. 558.

Terminus annorum certus debet esse et determinatus. A term of years ought to be certain and determinate.

Terre-tenant. A purchaser of an estate mediately or immediately from the debtor while it was bound by a judgment lien. See 13 Pa. St. 38, 53 Am. Dec. 441. Territorial jurisdiction. The space or district within which judicial or other authority may be lawfully exercised. See 26 Kan. 780. Tertia. A third; dower.

Testable. Possessed of testamentary capacity. See Testamentary capacity.

Testacy. The condition of a dece

dent who made his will. Testament. Same as Will. Testamenta latissiman interpretationem habere debent. Wills ought to have the broadest construction. Testamentary

capacity. "Exists where the testator has an understanding of the nature of the business he is engaged in, and the kind and value of the property devised, and of the persons who were the natural objects of his bounty, and the manner in which he desires it to be distributed." 151 Ill. 156,

37 N. E. 698. Testamentary disposition. The disposition of property by will or otherwise so that it shall not take effect unless nor until the grantor

Testamentary instrument. Any instrument whereby the maker undertakes to make a testamentary disposition of his property. See 117 Wis. 455, 94 N. W. 306. Testamentary trustee. A trustee, nominated in the will or not, appointed to execute a trust created by a will. See 51 Hun, 201, 4 N. Y. Supp. 701.

Testamentum est voluntatis nostrae justa sententia, de eo quod quis post mortem suam fieri velit. A will is the just expression of our wishes, concerning that which anyone may wish to be done after his Ideath. See 2 Bl. Comm. 499.

Testamentum inofficiousum.

cious will, which see.

Unoffi

Testamentum omne morte consummatum. Every will is consummated by death.

Testate. A decedent who has left a will.

Testation. Attestation, which see. Testator. One who made his will. Testatoris ultima voluntas est perimplenda secundum veram intentionem suam. The last will of a testator is to be fulfilled according to his true intent.

Testatrix. A female testator.
Testatum. Testified.

Testatum capias. A writ issued for the arrest of a defendant when the return of a previous one showed his absence.

Testatus. Testate; a testator. Teste. Bear witness; the attesta' tion clause of an instrument.