Page:Black's Law Dictionary (Second Edition).djvu/1159

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TESTIMONY

evidence. Testimony is the evidence given by witnesses. Evidence is whntever may he given to the jury as tending to prove a case. it indudes the testimony of witnesses, docu- ments, admissions of parties. etc. Mann v. Higgins. S3 Cal. 66, 23 Pac. 206; Carroll v. Bancher. 43 La. Ann. 1078, 10 South. 192; Columbia Nat. Bank v. German Nat. Bank, 56 I\'eb. 803, 77 N. W. 346; Harris v. Tom- linsun, 130 Ind. 426, 30 N. E. 214. See EVI- ounce.

—Negative testimony. Testimony not bearing directly upon the immediate fact or occurrence under consideration, but evidencing facts from wbich may be inferred that the act or fact in question could not possibly have

happened. See Barclaiy v. Hartman, 2 Marv. (DEL) 351, 43 At]. 17 .

TESTIS. Lat. A witness: one who gives evidence in court, or who witnesses a docu- ment.

Testis do visu px-scporndex-at sliis. 4 Inst. 279. An eye-witness is preferred to others. '

Testis lupanns-is snficit ad fnctum in lupsnari. Moore, 817. A lewd person is a sufficieut witness to on act committed in a brothel.

Testis nexno in sun cause esse potest. No one can he a vfitness in his own cause.

Testis nculatus unus plus valet quasn nuriti decem. 4 Inst. 279. One eye-wit- nsss is worth more than ten ear-witnesses.

TESTMOIGNE. An old law French term, denoting evidence or testimony or a witness.

Testmnignes no poent testtiicr Ie negatlve, mes Paffirmstlve. Witnesses cannot tatify to a negative; they must testify to an affirmative. 4 Inst. 279.

TEXT-BOOK. A legal treatise which iays down principles or coliects decisions on any branch of the law.

TEXTUS ROFFENSIS. In old English law. The Rochester text. An ancient manu- script containing many of the Saxon laws, and the rights. customs, tenures, etc., of the church of Rochester, drawn up by Ernulph. bishop of that see from A. D. 1114 to 1124. Cowell

THALWEG. Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface. such as a watercourse; hence the middle of the deepest port of the channel of :1 river or other stream. See Iowa V. Iliinnis, 147 U. S. 1, 13 Sup. Ct. 239, 37 E. Ed. 55: Keoiruk 8: H. flridge Co. v. People, 145 I11. 506. 3-1 N. E. 482.

T1-IANAGE OF THE KING. A certain part of the kings Lind or property,‘ of which

1151

THEFT

the ruler or governor was called "thane.” Cowell.

TEANE. An Anglo-Saxon nobleman; an old title of honor, perhaps equivaient to "baron." There were two orders of thanes, —the king's thaues and the ordinary thanes. Soon after the Conquest this name was dis- used. Cowell.

THANELANDS. Such lands as were granted by charter of the Saxon kings to their thnnes with all immunities, except from the mnodo necessitas. Cowell.

TEANESEIP. The office and dignity of s thane; the seigniory of a thane.

That which I may defeat ‘by my entry I make good by my confirmation. Co. Litt. 300.

Tl’-IAVIES INN. An inn of chancery. See Inns on Cnancmr.

TI-LE. An article which pnrticulnrizes the subject spoken of. “Grammatical niceties should not he resorted to without necessity: but it would be extending liberaiity to an unwarrantable length to confound the articles ‘a' and ‘the.’ The most uniettered persons understand that ‘a’ is indefinite, but ‘the’ refers to a certain object." Per Tiigb- man, G J., Sharfi! v. Com., 2 Bin. (Pa.) 516

The fund which has received the "henefit should snake the satisfaction. 4 Bouv. Inst. note 3730.

THEATER. Any edifice used for the purpose of dramatic or operatic or other representations, plays, or pe1'f()1'llJ}1'l.ICES, for admission to which entrance-money is received, not including balls rented or used occasionally for concerts or theatrical representations. Act Cong. Juiy 13. 1866, § 9 (14 St, at Large. 126). And see Beil v. Mahn, 121 Pa. 225, 15 Atl. 523. 1 L. R. A. 364, 6 Am. St. Rep. 786; Lee v. State, 56 Ga. 478: Jncko v. State, 22 Ala. 74.

THEFT. An unlawful felonious taking away of another man’e movnhie and personal goods ngojust the will of the ovmer. Jacob.

Theft is the fraudulent taking of COl1)0l‘E8i personal property belonging to another, trnm his possession, or from the possession of some person holding the some for him, without his consent, with intent to depiive the owner of the value of the same, and to appropriate it to the use or benefit of the person taking. Quit- zow v. State, 1 Tex. App. 65, 2‘! Am. Rep. 396; Muilins v. State, 37 Tex. 39.9; U. S. v. Tlmmas (D. C.) 69 Fed. 590; People v. Dono- hne, 84 N. Y. 4-12.

In Scotch law. The secret and feionious abstraction of the property of another for sake of lucre, without his consent. Alis

Crim. Law, 250.