Page:Black's Law Dictionary (Second Edition).djvu/1156

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TERTIA DENUNCIATIO

“to the terror of the people." See Arto v.

State, 19 Tex. App. 136.

TERTIA DENUNCIATIO. Lat. In old English law. Third puiilication or proclamation of intended marriage.

TERTIUS INTERVENIENS. Lat. In the civil law. A third person intervening: a third person who comes in between the parties to a suit: one who interpleads. Gli- bert's Forum Rom. 47.

TEST. To hring one to a trial and examination, or to ascertain the trutii or the qiiaiity or fitness of a thing.

Something by which to ascertain the truth respecting another thing; a criterion, gauge, standard, or norm.

In public law, an inquiry or examination addressed to a person appointed or elected to a puhlic office, to ascertain his qualifications therefor, but particularly a scrutiny of his political, reiigioiis, or social vie“ s, or his attitude of past and present loyalty or disloyalty to the government under which he is to act. See Attorney General v. Detroit Common Council, 58 Mich. 213, 24 N. W. 881. 55 Am. Rep. 675: People v. Hoffman, 116 I11. 531, 5 N. E 596, 56 Am. Rep. 793; Rogers v. Buffalo, 51 Hun, 637, 3 N. Y. Supp. 67-]

—Test act. The statute 25 Car. II. c. 2, which directed all civil and iniiiiriry officers to take the oaths of allegiance and supremacy, and make the declaration against transubstnntiation, within six months after their admission, and also within the same time receive the sacrament according to the usage of the (‘liurch of England. under penalty of £500 and disability to hoid the oilice. 4 Bl. Comm. 58, 5!). This was abolished by St. 9 Geo. IV. c. 17. so far as concerns receiving the sacrament, and a new form of declaration was substituted.

Tent action. An action seiected out of a con derable number of suits, concurrently depen I: in the same court, brought by several plaintiffs against the same defendant, or by one plaintiff against different defendants, all similar in their circumstances, and embracing the same questions, and to be supported by the same evidence, the selected action to go first to trial. (under an order of court equivalent to consolid:ition,) and its decision to serve as a ltast of the right of recovery in the others, ali parties agreeing to be bound by the result of the test action_—'l.‘est oath. An oath required to be taken as a criterion of the fitness of the person to_ fill a public or political office; but particuiariy an oath of fidelity and allegiance (past or present) to the estahiisheii government. —'1‘est-paper. In practice. A paper or instrument shown to a jury as evidence. A term used in the Pennsylvania courts. Depne v. Clare, 7 Pa. 428.

TESTA DE NEVIL. An ancient and authentic record in two voiumes. in the custodv of the king‘s remembranccr in the ex- chequer, said to be compiled by John de Nevil, a justice itinerant, in the eighteenth and twenty-fourth years of Henry III. Cow- eil. These volumes were printed in 1807, under the authority of the commissioners of the puiilic records, and contain an account

1148

TESTAM ENT

of fees held either immediately of the king or of others who held of the king in capiln; fees holden in fraiikahlinigne_ serjeautlea hoiden of ,the king; widows and heirossus of tenants in capite, whose marriages were in the gift of the king; churches in thegitt of the king; escheats, and sums paid for scutages and aids, especially within the county of Hereford. Cowell; Wharton.

TESTABLE. A person is said to be test- able when he has capacity to make a will: a man of twenty-one years of age and of sane mind is testable.

TESTACY. The state or condition or leaving a will at one's dsath. Opposed in “intestacy."

TESTAMENT. A disposition of personal property to take place after the owner's_ deceasc, according to his de ‘re and direction. Pluche v. Jones, E4 Fed. 6 4 C. G. A. Auliert's Appeal, 109 Pa. 447, 1 Ari. 33 Conialin v. Egerton, 21 Wend. (N. Y.) 431}; Ragsd-ile v. Booker, 2 Stroh. Er}. (S. C.) 34&

A testament is the act of last will. clothed with certain solenniities, by which the teststor disposes of his property, either universally_ or by universai title, or by pnrticuinr title. Civ. Code La. art. 1571.

Strictly speaking, the term denotes only a will of personal property; a will of land not being called a “testament." The word "testament" is now seldom used. except in the heading of a formal will, which usually be- gins: "This is the last will and testament of me, A. 1%.," etc. Sweet.

Testament is the true declaration of a man's last will as to that which he would have to be done after his death. It is compounded, according to Justinian, from tcstafio men-!i's; but the better opinion is that it is a simple word formed from the Latin tcaror. nnd not a compound word. Moziey 8: Wiiitley.

—Military testament. In English law. A niincupative wili. that is. one made I-_v ii-oi-Ll of month, by which a soidier mav dispose of his goods. pay, and other personal chattels, without the forms and solemnities which the law re- quires in other cases. St. 1 \‘icL c. 26. § 11. —Mul:ual testaments. Wills mnrie by tiio persons who leave their eifects r:-cipioe-illy to the survivor.—Mystic testament. In ihe iaw of Louisiana. A sealed teslnmcnt. The mystic or secret testament, otherwise ("lil(‘d the “closed testament," is made in the fniloiiins mnnnnr: The testator must sign his dispositions, whether he has written them himself or has caused them to he written by another person. The paper containing those dispositions, or the paper serving as their envelope. must he closed and sealed. The testntor shall present it thus _closed and sealed to the notary and to seven witnesses. or he shall cause it to be closed and sealed in their presence. Then he shall declare to the notary. in presence of the witnswes, that that paper contains hk testament Written by him- aeif, or by another by his direction, and signed by him, the testntor. The notary shall then draw up the act of superscription, which shall be written on that paper, or on the sheet that serves as its envelope, and that act siioli be signed by the testator, and by thelngtinry and

the witnesses. Civ. Code Lo, art, a