Page:Black's Law Dictionary (Second Edition).djvu/1167

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TITLE

title to lands.—Tit1e insurance. See INSUR- Al\'(‘E.—'l‘itle of 8. cause. The distinctive appellntinn by which any cause in court, or other juridical proceeding. is known and disciimin:it- cd from others.—-Title of an act. The heading, or introductory clause, of a statute, where- in is brieiiy recited its purpose or nature. or the subject to which it rclates.—Tit1e nf clergymen, (to orders.) Some cerlnin place where they may exercise their functions; also an assurance of being preferred to some ecclesiasticnl beiiefice. 2 Steph. Comm. 6(i1.—'I‘itle of declaration. That preliminary clause of IL du-larntion which states the name of the court nnul the term to which the process is returunhli-. —'I‘it1e of entry. The right to enter upon lands. Co\\ell.—Tit1e to or-dero. In English ecclesiastical law, a title to orders .is a certificnte of preferment or provision required hy the thirty-third cation, in order that a person may be admitted into holy orders, unless he be a fellow or chnpinin in Oxford or Gambrldz, or master of arts of live yeam’ standing in either of the universities, and living there 11!: his sole charges; or unless the bishop him- self intends shortly to admit him to some hens.- lice or curacy. 2 Steph. Comm. ‘

TITULADA. In Spanish law. Title.

White, New Recop. b. 1, tit. 5, c. 3, 5 2.

TITULARS OF ERECTION. Persons who in Scotland, after the Iteforniation, ob- tained grants from the crown of the monasteries and priorles then erected into temporal iordshlps. Thus the titles formerly held by the religious houses, as well as the pioperry of the lands, were conferred on these grantees, who were also called “iords of erection" and “titnlars of the teiuds." Beli.

TITULUS. Lat. In the civil law. Title: the source or ground of possession; the means whereby possession of a thing is nc- quired, whether such possession be lawful or not.

In old ecclesiastical law. A tenipie or church; the matei'ia_l edifice. So culled because the priest in cilnrge of it derived therefrom his name and title. Speliuau.

Titnlus est justn cause pnssidenfli id quad nnstrnm est; dicitnr a tuendn. 8 Coke, 153. A title is the just right of possessing that which is our own; it is so called from “tucmlo," defending.

To. This is :1 word or exclusion, when used in describing premises; it excludes the tenniuus mentioned. Montgomery v. Reed, IE9 his. 514.

TO HAVE AND TO HOLD. The words in a conveyance which show the estate intended to be conveyed. Thus. in a convey- ance of land in feeslmple, the grant is to “A, and his heirs, to have and to hold the said [land] unto and to the use of the said A.. his helis and assigns forever." Williams, Real Prop. 198.

Strictly speaking, however, the words “to have" denote the estate to be taken, while the words “to hold" signify that it is to be

1159

TOLL

held of some superior lord, I. e., by Why of tenure, (q. '0.) The former clause is called

the "hubcmlmn;" the intter, the “toner.- dum " Co. Litt. 6:1,. TOALIA. ln feudal law. A towel. There

is a tenure of lands by the service of waiting

with a towel at the king's coronation. Cow- elL TOBACCONIST. Any person, firm, or

corporation whose business it is to manufacture cigars, snuff, or tobacco in any form. Act of congress of July 13, 1566, 5 9: 14 St. at Large, 120.

'l‘0l:".l‘. A place or piece or ground on which a house formerly stood, which has been destroyed by accident or decay. 2 Broom & H. Comm. 17.

TOFTMAN. In old English law. onner of a toft. Cowell; Spelman.

The

TOGATI. Lat. In Roman law. Advocates; so called under the empire because they were required, when appearing in court: to plead a cause. to wear the toga, which had then ceased to be the customary dress in Rome. Vicar.

TOKZEN. A sign or mark; :1 material evi-

dence of the existence or a fB.L'L Thus, cheating by “false tokens” implies the use of fabricated or deceitfully contrived material objects to assist the person's own fraud and falsehood in accomplishing the cheat. See State v. Green. 18 N. J. Law, 181: State v. Middleton, Dud. (S. C.) 285; Jones v. State, 50 Ind. -170. —'l‘oken-money. A conventional medium of exchange consisting of pieces of metal. fashioned in the shape and size of coins, and circulatiu among private persons, by consent, at a certain value. No longer permitted or recognized as money. 2 Chit. Com. Law, 182.

TOLERATION. The allowance of re-

ligious opinions and modes of worship in a slate wbich are contrary to, or different from. those of the established church or be lief. Weiiste1'. —Tn1ex-atinn act. The statute 1 W. & M. St. 1, c. 18, for exempting Protestant dissenters from the penalties of certain laws is so called. 'ruWn.

TOLL, v. To bar, defeat, or take away; thus, to toll the entry means to deny or take away the right of entry.

TOLL, 11.. In English law. Toll means an excise of goods; a seizure of some part for permission of the rest. It has two sig- uiflcations: .-\ lilicrty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market; a tribute or custom paid for passage. Wharton.

A Snxon word, signifying, properly, in payment

in towns. markets, and fairs for goods and cattle