Page:Black's Law Dictionary (Second Edition).djvu/1165

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


TITHER

TITHER. One who gathers tithes.

TITHES. In English law. The tenth

part of the increase, yearly arleing and re- newing from the profits of lands, the stock upon lands, and the personal industry of the iuhaliitants. 2 Bl. Comm. 24. A species of iiicorporeiii hcredltament, being an ecclesiastiuil inheritance collateml to the estate 01! the land, and due only to an ecclesiastical person by ecclesiastical law 1 Crabb, Real Prop. § 133. —Gi-eat tithes. In English ecclesiastical law. Tilhcs of |.C|'l'D. pcise and beans. hav and wood. 2 Chit Bl. i‘omm 24, note; 3 Staph Comm. 127. —lViixed tithes. Those which arise not im- nu-iliutc-ly fioin the ground, but from those i|i;' . i which are nourished by the ground, (4. 17.. co s. cliirkcns calves. milk. eggs, etc. .9. Bu) . ii-c Law. 3. ; 2 omm. 24.—Minute tithes. Small tithes, such as usually belong in H vicar. ns of wool, lambs, pigs, buttcr, cheese, herbs. seeds, eggs, iioiicy, wax, etc.- Personnl tithes are tithes paid or such prof- lI.S as come by the labor of a man‘s person; as by buying and selling. gains of merchandise, and handicra.tis, etc. ’l‘omlins—Pi-edia.l tithes. Such as arise immediately from the ground: as, grain of all sorts, hay, wood. fruits, and hcrhs.—Tithe-free. Exempted from the pay- ment of Lithcs. he rent—c'linx'ge. A rent- charge established in lieu of l.iLhes, under the tithes commutation act. 1836. (St. 6 & 7 Wm. IV. c. 71.) As between landlord and tenant. the tenant paying the tithe rent-charge is enti- fled. in the absence of express agreement, to di.- dnci it from his rent, under section 70 of the above art And a tithe rent-charge unpaid is recoieiublc by distress as rent in an-ear. Moz- Iey & Whitley.

TITHING. One of the civil divisions of England, being a portion of that greater di- vision called a “hundred." It was so called licuuise ten treeholders with their families composed one. It is said that they were aii knit together in one society, and bound to the king for the peacenble belnivior of each Other. In each of these societies there was one chief or principal person, who, from his olhce, was called “teothing-man," now “tithing-uian." Brown.

TITHING-MAN. In Saxon law. This was the name of the head or chief of a decennary. In modern English law. he is the same as an under-constable or peaceofficer.

In modern law. A constable. “After the introduction of justices of the peace, the offices of constable and titlzing-man became so similar that we now regard them as precisely the same." Willc. Const. Introd.

In New England. A parish officer annually elected to preserve good order in the church during divine service, and to make complaint of any disorderly conduct Web- ster.

TITHING-PENNY. In Saxon and old English law. Money paid to the sheritf hy the several tithings of his county. Cowell.

1157

TITLE

TITIUS. In Roman law. A proper name, frequently used in designating an indefinite or flctitious person, or a ilei son referred to by way of illustration. “Tltius" and “Seius," in this use, correspond to “John Doe“ and “Richard Roe," or to “A. B.” and “C. D."

TITLE. The radical meaning of this word appears to be that of a marli, style, or designation; a distinctive a1ipell:iLion; the name by which anything is known. Thus, in the law or persons, a title is an appellation of dignity or distinction, a name denoting the social rank or the person hearing it; as "duke" or “count." So, in legislation, the title of It statute is the heading or pre- lin.iln.iry part, furnishing the name by which the act is ludi\ldi.iall_v known. it is usually prefixed to the statute in the form of a brief su.iiii.uai'y of its contents; as "An act for the prevention of gaining." Again, the tiI_ie of a patent is the shoit description of the in- vention, which is copied in the letters patent rrom the inventors petition; a. g, “a new and inuproveil method of drying and preparing malt" Johns. Pat. Man. 90

In the law nf trade-marks, a title may become a subject of property; as one who has adopted a parflciiliir t.m'e foranewspaper, or other business enterprise, may, by long and prior user, or by compliance with statutory provisions as to registration and notice, ac- quire a right to be protected in the exclusive nse of it .-\bbotl..

The title of a book, or any iiterary compo- sition. is its name; that is, the heading or caption prefixed to it, and dlscloeing the distinctive appellation by which it is to be known. This usu.1lly comprises a brief descrlption of its subject-matter and the name of its author.

“Title" is also used as the name of one of the subdivisions employed in many literary works, standing iiiternue-linte between the di- visions denoted by the term “books" or "parts,” and those designated as “chapters" and "sections."

In real property law. Title is the menus whereby the owner of lands has the just possession of his property. Co. Lltt. 3-15; 2 Bl. Comm. 195.

Title is the means whereby a person's right to property is established. Code Ga. 1882, § 2348.

Title may be defined generally to be the evi- dence of right which a person has to the possession of property. The word “title" certainly does not merely signify the right which a person has to the poss ssion of property; because there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same. In its ordinary legal acceptation, however, it generally seems to imply a right of possession also. It therefore appears, on the whole, to signify the outward evidence of the right. rather than the more right itself. us, when it is said that the “most imperfect degree of title consists

in the more naked possession or actual occupation of an estate." it means that the mere cil-