Page:Black's Law Dictionary (Second Edition).djvu/1174

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


TRADITIO

the transferor places the article in the hands of the transferee or, on his order. delivers it at his house. Mackeid. Rom. Law, § 284.-Tranditio re. Delivery of the thing. See 5 Maule & S. 82.

T1-nditia loqui faeit chin-tam. Delivery 0 makes a deed speak. 5 Cake, la. Delivery gives effect to the words of u deed. Id.

Traditio nihil amplius tx-ansfei-re de- bet val nntest, ad eum qui ncciyit, quam est apnd eum qui tx's.(l.it. Delivery ought Lo, and can, transfer nothing more to him who reteii cs than is with him who delivers. Dig. 41, 1, 20, pr.

TRADITION. Delivery. A close translation or formation from the Latin "traditio.” 2 Bl. Comm. 307.

The tradition or delivery is the transferring of the thing sold into the power and possession of the buyer. Civ. Code La. art. 2477.

In the rule respecting the admission of tra- dition or general reputation to prove bound- aries, questions of pedigree. etc. this word means knowledge or belief derived from the statements or declarations of contemporary

uitnesses and handed down orally through a considerable period of time. See Westfelt v. Adams. 131 N. C. 379, =12 S. E. 82.5; In re ]:Iiii'lbnrt's Estate, 68 Vt. 360. 35 At]. 77, 35 L. R. A. 794.

nmnrron. In old English low. A traitor: one guilty of high treason. Fletu, lib. 1, c. 21, 5 8.

TRADITUR IN BALLIUM. In old practice.. Is delivered to L-aii. Exnphatic words of the old Latin bail-piece. 1 Salk. 105.

TRAFFIC. Commerce; trade; dealings in merchandise. uiils. money, and the like. See ln re Insurance Co. (D. C.) 96 Fed. 757; Levine v. Sum, 35 Tex. Cr. R. 6-17, 34 S. W. 9139; People v. Hamilton. 17 Misc Rep. 11. 39 N. Y. Supp. 531; Merriam v. Langdon, 10 Conn. 471.

TRAIIENS. Lat. In French law. The drawer of a bill. Story. Bills, § 12, note.

TRAIL-BASTON. Justices of traii-baston were justices appointed by King Edward 1., during his absence in the Scotch and French nars, about the _vmr 1305. They were so styled. says Hollingslied, for traiiing or dran lng the stuff of justice. Their office was to make inqiiisition. throughout the king- dom, of ail otliiers and others. touching extortion. hribcry, and such like grievances, of intruders into other inen's lands. L-arrators, rubbers, hi-eakers of the peace, and divers other otfeuders. Ccvwell; Tnmlins.

TRAINBANDS. The militia ; the part of a community trained to inertial exercises.

1106

TRANSACTION

TRAISTIS. In old Scotch law. A roll containing the particular dittay taken up upon malcfactors, which, with the pnrtenmr, is dciirered by the justice cierk to the coiouer, to the effect that the persons whose names are contained in the porteous may be attacbed. conform to the dittay contained in the traistis. So called, because committed to the tra/ist, [trust,] faith, and credit of the clerks and coroner. Skene; Burrill.

TRAITOR. One who, being trusted. hetrays; one guilty of treason.

TRAITOROUSLY. In criminal pleading. An essential word in indictments for treason. The offense innst be laid to liase been com- mitted troitorousli/. Whart. Grim. Law, 100.

TRAJECTITIUS. Lat. In the civil law. Sent across the sea.

TEAM-WAYS. Rails for conveyance of traflic along a road not owned, as a railway is, by those who lay down the raiis and con- vey the trafiic. Wharton.

TRAMP. A strolling beggar; a vagrant or vag.-ibond. see State v. Hogan. 67% Ohio St 202, 58 N. E. ‘ 52 L. If. A. 863, 81 Am. St. Rep. 626; Miller v. State. 73 Ind. 92; Railway Co. v. Boyie, 115 Ga. 8.36, 42 S. E. 242, 59 L. R. A. 104.

TRANSACT. pound. Anib. 185.

In Scotch law. To ecu)-

TRANSACTIO.}} Lat. In the civil law. The settlement of a suit or matter in controversy, by the litigating parties, between themseives, without referring it to arhltr.-ition. Hallifax, Civil Law, l). 3. c. S, no. 14. An agreement by which :1 suit, either pending or about to be commenced, was forborne or discontinued on certain terms. Calvin.

TRANSACTION. In the civil law. A transaction or compromise is an agreement bet“ een two or more i)E.‘ISUl.lS, who, for preventing or putting an end to 11 lawsuit, ud- just their dilfereiices by mutual consent in the manner which they agree on, and which every one of them prefers to the bone of gaining, balanced -by the danger of losing. This contract must be reduced into wiiting. (liv. Code La. art. 3071.

In common law. Whatever may be done by one person which affects nnolher's rights. and out of which a cause of action may arise Scarborough v. Smith. 18 Kim. 406.

"'i‘ransaction" is a broader term than “contract." A contract is a transaction, but a transaction is not necessarilv a contract See Ter Kuile v. Marsland. S1 Him, 420 31 N. Y. Si1PD- 5; Xenia Branch Bank v. Lee. 7 Alvb. Prac. (N. Y.) 372: Roberts v. Donoiau, 70

Cal. 113, 11 Pac. 599.