Page:Black's Law Dictionary (Second Edition).djvu/1154

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TERM

if it be for his interest to accept or reject the succession which has fallen to him. Giv. Code

. art. 1 .-Term for years. An cstizie for years and the time during which such estate is to be held are each called a “term ;" hence the term may expire before the time, as by B. surrender. Co. Litt. 45.-—-Tenn in grass. A term of cars is said to be either in gross (out- standing or attendant upon the inheritance. It is outstanding, or in gross, when is unattached or disconnected from the estate or inheritance, as where it is in the hands of some third party having no interest in the inheritance; it is attendant, when icsted in some trustee in mist for the owner of the inheritance. Brown. —'1‘eriu of lease. The word “t[‘.l'lJ1," when used in connection with a lease. means the pe- riod which is granted for the lessee to occupy the premises, and does not include the time between the making of the lease and the tenant's nntry. Young v. Dake. 5 N. Y. 463, 55 Am. Dec. 3 —Term pr-obntory. The period of time nlio =ed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote. Ecc. Pr. 240. 2A1.—'l‘erm to conclude. In English eccicsiasticul practice. An appointment by the judge of s time at which both parties are undorsiond to renounce all further exhibits and nilceat‘inns.—'l‘erni to propound all things. In Ens-lisb ecclosiastical practice. An appoint- ment by the judge of a time at which both partirs are to exhibit all the acts and instruments which make for their respective causes.

In the law of contracts and in court practice. The word is generally used in the plural, and "terms" are conditions; propositions stated or promises made which, when essented in or accepted by another, some the contract and bind the parties. “ehstcr. See Hutchinson v. Lord, 1 Wis. 313. 60 ;\l.l'l. Dec. 381; State v. Fawcett. 58 i\‘eh. 371, 78 N. W. 636: Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 3%. —SpeeisJ terms. Peculiar or unusual conditions imposed on a party before granting some appiication to the favor of the eonrt.—'Und.el.- terms. A party is said to be under terms- when an indulgence is granted to him by the court in its discretion, on certain conditions. Tbus, when an injunction is granted em pm-ic, the party obtaining it is put under terms to abide by sucb order as to damages as the court may make at the hearing. Moziey 8: Whitley.

TERMES DE LA LAY. Terms of the law. The name of a lexicon of the law French words and other technicalities of legal language in old times.

TERMIINABLE PROPERTY. This name is sometimes given to property of such a nature that its duration is not perpetual or indefinite, but is limited or liable to termimite upon the happening of an event or the expiration of a fixed term; c. 11., a leasehoid, a life-annuity. etc.

TERMINATING BUILDING SOCI- ETIES. Societies, in England, where the members commence their monthiy contributions on 11 particular dsy, and continue to pay them until the realization of shares to a given amount for each member, by the ad- vance of the capital of the society to such members as required it, and the payment of

1146

TERRA

interest as well as principal by them, so as to insure such realization within :1 given period of years. They have been almost superseded by permanent huiiding societies. Wharton.

TERMINER. L. Fr. To determine See 012:3 AND 'I.‘r.imminz.

TERMINI. Lat. Ends; hounds; limiting or terminating points.

TERMINO. In Spanish law. A com- mon; common land. Common because of vicinage. White, New Recap. h. 2, tit. i, c. 6, 5 1, note.

TERMINUM. ant. Spelman.

A day given to a defend-

TERMINUM QUT PRETERIIT, WRIT OF ENTRY A1). A writ which lay for the reversioner, when the possession was with- held by the lessee, or a stranger, after the determination of a lease for years. Brown.

TERMINUS. Boundary; a limit. either of space or time.

The phrases “terminus a qua" and “Lerniirius ad qiwm" are used, respectiveiy_ to designate the starting point and terminating point of a private way. In the (nse of a street. road, or railway, either end may be. and commonly is, referred to as the “termi- nus."

Terminus unnm-um esrtus debet sale at deterinlnatus. Co. Litt. 45. A term of years ought to be certain and determinate.

Terminus et feodum non possunt nunstare simul in unu. eademque persons. Plowd. 29. A term and the fee (nnnot both he in one and the same person at the same time.

TERIMIINUS HOMINIS. In English ec- eiesissticzil practice. A time for the determination of appeals, shorter than the term‘- nus jaws, appointed by the judge. Haiiifax, Civil Law. b. 3, C. 11, no. 36.

TERMINUS JURIS. In English ecclesi- astical practice. The time of one or two years, allowed by law for the determination of appeals. Hallifax, Civil Law, b. 3, c 11, no. 38.

TERMOR. He that holds lands or tenements for a term of years or life. But we generally confine the application of the vwrd to a person entitled for a term of years. Mozley 8: Whitiey.

TERRA. Lat. Earth; soil; arable land. Kennett, Gioss.

-—'I‘ex'ru, sflix-mats. Land let to ferm.—'i‘errs. busculis. “body l£ind..—Te:rra cults.

Cultivated lend.—'I‘erra de'hi.l.is. Weaii oi-