TREBUCKET.-A tumbrel, castigatory, or action for trespass committed before he cucking-stool. See CASTIGATORY. took possession by entry. 3 Steph. Com. 399. See POSSESSION, ?? 11, 12. TREE, (means a "standing tree"). 2 Dev. (N. C.) 162. TREES, (property in). 1 Ld. Raym. 737; 1 Chit. Gen. Pr. 652. (grant of). 1 Atk. 175; 11 Co. 46, 48; 2 P. Wms. 242. TREES, ALL, (an exception of, in a lease). East 190. TREES AND UNDERWOOD, (in a lease). Chit. Gen. Pr. 183. TREET.-Fine wheat. 51 Hen. III. 8 1 TREMAGIUM TREMESIUM TERMISSIUM.-The season or time of sowing summer corn, being about March, the third month, to which the word may allude.Cowell. TRESAYLE.—An abolished writ sued on ouster by abatement, on the death of the grandfather's grandfather. TRESPASS.-A generic name for various torts, most of them being distinguished by the Latin words formerly used in the appropriate writs. 2. Ab initio.-Where a person has by law the right to enter on the lands of another for a certain purpose, and, after entry, he does something which he is not entitled to do, then he is considered a trespasser ab initio, or as if his entry had been unlawful. Six Carpenters' Case, 8 Co. 146 b. 23. Continuing.-A continuing trespass is one which is permanent in its nature; as, where a person builds on his own land so that part of the building overhangs his neighbor's land. 4. De bonis asportatis.-Another variety of trespass vi et armis is trespass de bonis asportatis, for the wrongful taking of chattels. (Broom Com. L. 807.) Injuries committed to chattels while in the owner's possession (e. g. by poisoning his cattle), are also classed under the head of trespass vi et armis. Id. 809; Underh. Torts 209. 5. Trespass on the case is a class of torts for which no remedy existed at common law until the Statute of Westminster 2 (13 Edw. I. c. 24) directed that ? 1. Vi et armis-Quare cl. fr.-Tres- whenever a writ existed, and "in a like pass vi et armis ("with force and arms") case" (in consimili casu), falling under the includes injuries to the person accom- same right, and requiring a like remedy, panied with actual force or violence, as in no form of writ was to be found, then a the case of battery and imprisonment new writ should be framed. The principal (Broom Com. L. 125), and the act of enter- distinction between trespass vi et armis and ing on another man's land without lawful wrongs for which writs were framed under authority. This latter kind of trespass (in this statute (hence called writs of "trespass which the "force " is implied or fictitious) on the case," or "case" simply), is that in is also called trespass quare clausum fregit, the former the damage is direct, and in "because he [the defendant] broke or en- the latter consequential. Thus, if a man tered into the close" or land of the plain- throws a log on a highway, and in so doing tiff.* Not only entering a man's land, but injures a person, this is trespass; but if the also the acts of allowing cattle to stray log lies on the ground, and a person is into his land, or driving nails into his wall, injured by falling over it, this is case. or digging the minerals under his land, (Broom Com. L. 125. Hence in actions constitute trespass qu. cl. fr. (Underh. on the case the words used in the writ Torts 159.) To enable a person to bring were not vi et armis, but contra pacem nosan action of trespass qu. cl. fr., he must tram, "against our peace." See Termes de have actual possession of the land. There- la Ley, s. v. Trespass.) The principal action fore, an heir of land cannot maintain an for trespass on the case, having a specific *3 Steph. Com. 364, 398. The fiction of "implied force" in a peaceable though wrongful entry on land is not justified by the old authorities; the forms for trespass qu. cl. fr. in the Register have sometimes the words vi et armis sometimes not. It is therefore probable that they were originally only inserted where the trespass was forcible as well as wrongful. name, is trover (q. v.) (Assumpsit is also a decided. (See FACT; ISSUE; QUESTIONS OF variety of trespass on the case. Steph. Pl. LAW.) In actions in the English High 18), but the class also includes a large Court, there are five principal modes of number of torts having no specific name, trial, viz.: trial before a judge and jury especially those arising from negligence, before a judge alone, before a judge with fraud, &c. Dic. Part. 24. assessors, before a referee alone, and be 6. Trespass gives rise to a right of ac- fore a referee with assessors. (Rules of tion for damages. See TORT, ? 2. TRESPASS, (defined). Hempst. (U. S.) 30. (a devastavit is not). 12 Serg. & R. (Pa.) 58. Court, xxxvi. 2.) Assessors are unknown in American practice, but the other three modes of trial are common. 2. Jury.-Trial before a judge and TRESPASS DE BONIS ASPOR-jury, (formerly called "trial per pais,") is TATIS.-See TRESPASS, ? 4. a mode of trial peculiar to the courts having common law jurisdiction. While TRESPASS ON THE CASE.-See Courts of Chancery are empowered to TRESPASS, 25. TRESPASS ON THE CASE, (defined). 22 Conn. 20, 23. TRESPASS QUARE CLAUSUM FREGIT.-See TRESPASS, ? 1. TRESPASS TO TRY TITLE.-The name of the action used in one or two of the States for the recovery of the possession of real property and damages for any trespass committed upon the same by the defendant. summon juries to try questions of fact, TRESPASS VI ET ARMIS.-See ship, or the like. See Swindell v. BirmingTRESPASS, ? 1. TRESPASSER.-One who commits a trespass. ham Syndicate, 3 Ch. D. 127; Rushton v. Tobin, 10 Id. 558. 23. A trial by jury consists of the operation of calling and swearing the jury (see TRESPASSER AB INITIO.-See CHALLENGE; JURY), of a speech by the TRESPASS, 2. TRESTONARE.-To turn or divert another way.-Cowell. TRET.-See TARE AND TRET. TRETHINGS.-Taxes, imposts. TREYTS.-Taken out or withdrawn, as withdrawing or discharging a juror. counsel for the plaintiff (see OPEN, ? 2), the examination, cross-examination and re-examination of his witnesses; a speech by the counsel for the defendant, followed by the examination, cross-examination and re-examination of his witnesses, and a summing up of their evidence by him; the reply or speech by the plaintiff's counsel; the summing up of the whole case by the judge for the jury; and, lastly, the jury's verdict. (Sm. Ac. 130 et seq.; 3 Steph. Com. 512; Kino v. Rudkin, 6 Ch. D. 160. See the various titles; also, RIGHT TO BEGIN.) It sometimes happens, however, that the trial comes to a premature end by the non-appearance of one of the parties, or by non-suit (g. v.), or the 1. Trial is that step in an action, withdrawal of a juror (q. v.) If the plaintprosecution or other judicial proceeding, iff does not appear at the trial, the action is dismissed; if the defendant does not TRIA CAPITA.-In the Roman law, were civitus, libertas, and familia, i. e. citizenship, freedom, and family rights. See CAPUT; STATUS. TRIAL.-OLD French: trier; from late Latin, tritare, to sift, separate, determine; from Latin, terere, tritum, to thrash corn. (Diez. Wortb. ii. 444: Littre, 8. v. A form detrier occurs in Britt. 127 a.) In the old writers "trial" signified not only the trial of questions of fact, but also what we call the argument or hearing ques tions of law, e. g. on demurrer. Co. Litt. 124. by which the questions of fact in issue are appear, the plaintiff must prove his case, the return day of the summons, and the so far as the burden of proof lies upon defendant must appear to answer the him. A verdict or judgment so obtained plaint. On answer being made in court, may be set aside by the court upon terms. 4. Trial at bar.-Sometimes a trial is ordered to take place before several judges and a jury; this was formerly called a "trial at bar" (see BAR, ? 3), as opposed to the ordinary trial, which is sometimes called, by way of distinction, "trial at nisi prius." See NISI PRIUS. 5. New trial.-Where the judge who tried the action has misdirected the jury in point of law, or admitted evidence which ought to have been refused, or rejected evidence which ought to have been admitted, or where the jury have found against the weight of the evidence, or given excessive or grossly inadequate damages, and, generally, wherever it is clear that a fair trial has not been had, the party aggrieved may obtain an order for a new trial on motion made for that purpose. (See RULE, 3.) The whole proceedings on the trial are then gone through afresh, and, if the case is again not properly tried, a third trial may be ordered, and so on. Sm. Ac. 149 et seq. ? 6. Trial before judge, referee, &c. -The other modes of trial are similar to trial before a judge and jury, except that the calling and swearing of the jury, and the summing up by the judge, are necessarily absent. Where the trial is before a judge alone, the evidence is sometimes taken by affidavit. ? 7. Trial with assessors.-Admiralty actions involving nautical questions, e. g. actions of collision, are generally tried in England before a judge with Trinity Masters sitting as assessors (q. u) Rosc. Adm. 179. the judge proceeds to try the cause in a summary way. (Poll. C. C. Pr. 159.) In small cases the plaintiff and defendant are sworn and make their statements to the judge, being asked questions by him when necessary; but in cases where counsel or solicitors are employed, and a jury summoned, the course of proceeding resembles that on a trial in the superior courts. ? 10. Criminal procedure.-In criminal cases, the trial of a person accused of a crime usually takes place before a judge and petty jury, or at bar, i. e. by a jury before three or more judges; this last mode of trial is only used in important cases. (See QUEEN'S BENCH.) The steps on a criminal trial are substantially the same as those above described (supra, & 4), substituting "prosecutor" for "plaintiff,” and "prisoner" for "defendant." (4 Steph. Com. 416. See, also, ACQUITTAL; CONVICTION.) The obsolete modes of trial by ordeal, by the corsned, and by battle, will be found described in Blackstone (4 Bl. Com. 342), and also under the appropriate titles in this work. 11. Trial by peers.-In cases of treason to be tried by his peers, i. e. by members of the and felony, in England, a nobleman is entitled House of Lords. 1 Bl. Com. 401. See CERTIORARI, 4; HOUSE OF LORDS; LORD HIGH STEWARD. TRIAL, (defined). 32 Cal. 265; 39 Ind. 1; 112 Mass. 343. Ind. 362; 129 Mass. 503, 512; 28 Mich. 527. (distinguished from "hearing"). 74 (as referring to an issue of fact and not a question of law). 16 Sim. 250. (in a statute). 4 Mas. (U. S.) 232, 237; 1 Abb. (N. Y.) Pr. 125; 4 Id. 262; 4 Dre The following kinds of trial are either obso- (N. Y.) 609; 28 How. (N. Y.) Pr. 184; 63 I lete or very rare. 343; 3 E. D. Smith (N. Y.) 648; 3 Pittsb. (Fa 28. By the record-By certificate.Trial by the record is where issue is joined as to the existence of a particular record (q. v.); such an issue is tried by the court itself on production of the record. (Sm. Ac. (11 edit.) 126; Arch. Pr. 750.) Trial by certificate is where a fact can only be proved by the certificate of a public official; thus, the custom of the city of London in respect of foreign attachment is proved by the oral certificate of the recorder. Mayor of London v. Cox, L. R. 2 H. L. 239. See Co. Litt. 74a; 9 Co. 30b et seq.; 3 Bl. 330, for other obsolete varieties of trial. 9. County court.-In county court actions, the plaintiff appears in court on 109. TRIAL BY JURY.-See TRIAL, ¿? 2, 8 R. I. 182, 184. TRIAL, FINAL, (what is not). 19 Wall. (U. S.) 214. TRIBUNAL.-The seat of a judge; a court of justice. TRIBUNAUX DE COMMERCE.In the French law, courts consisting of a president, judges, and substitutes elected in an assembly of the principal traders No person under thirty years is eligible as a member of the tribunal, and the president must be forty years of age at the least. The tribunal takes cognizance of all cases arising between merchants, and also of all disagreements arising among partners. The course of procedure is as in civil cases, and with an appeal to the regular courts. -Brown. TRINITY SITTINGS.-Sittings of the English Court of Appeal and of the High Court of Justice in London and Middlesex commencing on the Tuesday after Whitsun week and terminating on the 8th of August (Jud. Act, 1875, Ord. LXI., r. 1). TRINITY TERM.-One of the four legal terms in England, beginning on the 22d May, TRIBUTE.-Payment made in ae- and ending on the 12th of June. knowledgment; subjection. TRICESIMA.-An ancient custom in a borough in the county of Hereford, so called because thirty burgesses paid 1d. rent for their houses to the bishop, who was lord of the manor. -Lib. Nik. Heref. TRIDINGMOTE.-The court held for a triding or trithing.-Cowell. TRIENNIAL ACT.-An act passed by the Long Parliament, 1640-1, and repealed by the Convention Parliament, 1660, and more particularly the Act 6 Will. & M. c. 2, whereby every parliament, unless sooner dissolved, came to an end in three years. It was repealed on the accession of Geo. I. by the Septennial Act. TRIENS.-A third part; also, dower. TRIERS, or TRIORS.-Persons sometimes appointed by the court (when necessary) to decide challenges to jurors, where no jurors have been already sworn on the jury. As soon as two jurors are sworn, they, or the court, generally decide all subsequent challenges. Challenges to the array may be tried by the court. Arch. Pr. 392. See CHALLENGE; ELISORS. TRINEPOS.-In the civil law, the male descendant in the sixth degree in direct line. TRINITY HOUSE is the short name usually given to "The master, wardens and assistants of the guild, fraternity or brotherhood of the most glorious and undivided Trinity, and of St. Clement in the parish of Deptford Strond in the county of Kent;" also called the "Corporation of the Trinity House of Deptford Strond." It was incorporated in the reign of Henry VIII., and charged by many successive charters and acts of parliament with numerous duties relating to the marine, especially in relation to pilotage (q. v.), and the erection and maintenance of lighthouses, beacons and seamarks. Eng. Merch. Shipp. Act, 1854; 3 Steph. Com. 156 et seq. TRINITY MASTERS are elder brethren of the Trinity House. If a question arising in an admiralty action depends upon technical skill and experience in navigation, the judge or court is usually assisted at the hearing by two Trinity Masters, who sit as assessors and advise the court on questions of a nautical character. Wms. & B. Adm. 271. See ASSESSOR. TRINOBANTES, TRINONANTES, or TRINOVANTES. Inhabitants of Britain, situated next to the Cantii northward, who occupied, according to Camden and Baxter, of Essex and Middlesex, and some part of Surthat country which now comprises the counties rey. But if Ptolemy be not mistaken, their territories were not so extensive in his time, as London did not then belong to them. name seems to be derived from the three follow The ing British words: Tri, now, hant, i, e. inhabitants of the new city (London).—Encycl. Lond. denomination are comprised three distinct imposts, to which all landed possessions, not excepting those of the church, were subject, viz.: (1) Bryge-bót, for keeping the bridges and high roads in repair.—-Pontis constructio. (2) Burgbót, for keeping the burgs or fortresses in an efficient state of defense.-Arcis constructio. (3) Fyrd, or contribution for maintaining the mili tary and naval force of the kingdom.—Anc Inst. Eng. TRINODA NECESSITAS.-Under this TRIORS.-See TRIERS. TRIPARTITE.-Divided into three parts, having three correspondent copies; a deed to which there are three distinct parties. TRONATOR.-A weigher of wool.- engaged in certain trades, especially iron and Cowell. TROPHY MONEY.-Money formerly collected and raised in London, and the several counties of England, towards providing harness, and maintenance for the militia, &c. TROUBLE AND EXPENSE, FULL INDEMNITY FOR THE, (in a statute). 122 Mass. 338. metal works, quarries, cloth, silk and glass manufactories. It does not apply to domestic or agricultural servants. Sm. Mast. & S. 166; Stat. 23 and 24 Vict. c. 151, § 28. TRUCK WAGON, ONE CART OR, (in a statute). 71 Me. 165. TRUE BILL.-See INDICTMENT. TRUE BILL, (indorsed on an indictment). 6 TRUE, PUBLIC AND NOTORIOUS. sub--These three qualities used to be formally predicted in the libel in the Ecclesiastical Courts, of the charges which it contained, at the end of each article severally. TROVER.-In common law practice, the action of trover (or trover and conversion) is a species of action on the case (see TRESPASS, 3 5), and originally lay for the recovery of damages against a person who had found another's goods and wrongfully converted them to his own use; sequently the allegation of the loss of the goods by the plaintiff and the finding of them by the defendant was merely fictitious, and the action became the remedy for any wrongful interference with or detention of the goods of another. (3 Steph. Com. 425.) The name "trover" is sometimes applied to an action brought for the same purpose under the modern English and code practice, though, at the present day, it is probably more usual in such a case to bring an action claiming delivery of the goods and damages for the wrongful detention. In an action of trover the plaintiff can only recover the value of the goods, not the goods themselves. See DETINUE; TORT; WRIT OF DELIVERY. TROVER, (when will lie). 5 Mass. 104. 294. (who may maintain). 7 Halst. (N. J.) (declaration in). 3 Gr. (N. J.) 337. (for a bill of exchange). 1 Esp. 50. TROY WEIGHT.-A weight of twelve ounces to the pound, having its name from Troyes, a city in Aube, France. TRUCE.-In international law, a suspension or temporary cessation of hostilities between belligerent powers; an armistice. Wheat. Int. L. 442. TRUCHMAN.-An interpreter. TRUCK ACT is the statute 1 and 2 Will. IV. c. 37, passed to abolish what is commonly called the "truck system," under which employers were in the practice of paying the wages of their work people in goods, or of requiring them to purchase goods at certain shops; this led to laborers being compelled to take goods of inferior quality at a high price. The act applies to all artificers, workmen and laborers, except those TRUE VALUE, (what constitutes). 2 Mas. (U. S.) 393. (in duty act). 11 Wheat. (U. S.) 419. TRUE VOTE, (defined). 16 Fla. 17. TRUNK OF LINEN, (trover will lie for). 7 Mod. 142. TRUST. 1. A trust, in its simplest form, is a relation between two persons, by virtue of which one of them (the trustee) holds property for the benefit of the other (the cestui que trust), while as regards the rest of the world he (the trustee) is, for most purposes, absolute owner of it. (As to trusts generally, see Lew. Trusts; Wats. Comp. Eq. 839 et seq. As to the origin of trusts, see Butler's note to Co. Litt. 290b, and title Use.) The right of the cestui que trust to that benefit is enforceable as a personal right only against the trustee and those who have acquired interests in the trust property with notice of the trust. As between the trustee and the cestui que trust, and those claiming under them, the cestui que trust is in effect beneficial owner of the trust property (Burgess v. Wheate, 1 Ed. 224 (at p. 250)), either absolutely or with restrictions according to the nature of the trust. As trusts were formerly enforced only in equity, he is sometimes called "equitable owner." See EQUITY, 87; ESTATE, 13; OWNERSHIP, 10. ? 2. Assignments of trusts.-This equitable ownership or interest is assignable, except in the case of a restraint on alienation or anticipation (see those titles), or of a discretionary trust (infra, & 14). |