Page:Black's Law Dictionary (Second Edition).djvu/1175

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TRANSCRIPT. An officizil copy of certain proceedings in a court. Thus, any person interested in a Judgment or other record of a court can obtain a transcript of if. U. S. v. Gaussen, 19 Wali. 212, 22 L. Ed. 41; State v. Board of Equalization. 7 Nev. 95; Hastings School Dist. v. Caldwell, 16 Neb. 63, 19 N. W. 634: Denrhorn v. Patton, 4 Or. 61.

TRANSCRIPTIO I-‘EDIS FINIS LEE VATI MITTENDO IN GANCELLARIUM. A writ which certihed the foot of ti fine levied before justices in eyre, etc., into the chancery. Reg. Orig. 669.

TRANSCRIPTIO RECOGNITIONIS FAGTIE CORAM JUSTICIARIIS ITIN- ERANTIBUS, Etc. An old wrlt to certify a cognizance taken by justices in eyrer Reg. Orig. 152.

TRANSFER, 1:. To carry or pass over; to pass a thing over to another; to convey.

TRANSFER, vi. The pnssing of a thlng or of property from one person to another; alienation; conveyance. 2 Bl. Comm. 294.

Transfer is an act of the parties, or of the law, by which the title to [)i'0pe!'t'y is con- veyed frurn one living person to another. Civ. Code Cai. 5 1039. And see PBi1l'1'e v. llawhius. G2 Tex. 437; Inuerarity v. Mims, 1 Ala. G69: Sands v. Hill, 55 N. Y. 18; Pl- rie v. Chicago Title 8: Trust Co., 182 U. S. 433. 21 Sup. Ct. 906, 45 L. Ed. 1171.

In procedure, “trunster" is applied to an action or other proceeding, when it is taken from the jurisdiction of one court or judge, and placed under that of another. —Transfer of a cause. The removai of a cause from the jurisdiction of one court or judge to another by lawful authority.—Tx-ansfer tax. A tax upon transfers of property by will or inheritance; a tax upon the passing of the title to property or a vaiuahie interest therein out of or fiom the estate of a decedent. by inheritance. devise, or beqiiest. See ln re Hell'- lnan’s Estate. 143 N. Y. 327. 3-‘3 N. E. 311; In re Gould's Estate. 156 N. Y. 423, 51 N. E. 287: In re Bi'ez's E_state, 172 N. Y. (509. 64 i . E. 958. Sometimes also Bppllfld to II tax on the trnnsfcr of property, paiticulariy of no incorporeni unturc, Sl1(‘l| as bonds or shares of stock, between living persons.

TRANSFERABLE. A term used in a qna,si' legal sense, to indicate that the chariicter of sssizuabiliw or necotlnhility attachcs to the pzirticuiar instrument, or that it may pass from hand to hand, carrying ali rights of the origlnnl holder. The words "not transfer:ible" are sometimes printed upon a ticket, receipt, or hill of latling. to show that the same wiil not be good in the hiinds of any peison other than the one to whom {in st issued.

TRANSFEREE. ter is made.

He to whom a trans-

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TRANSIENT

TRANSFERENCE. In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, whereby the action is transferred or continued, in its then condition, from the decedent to his rep- resentntives. Transference is either active or pos.rii=a_,- the former, when it is the pursuer (plaintiff) who dies; the latter. upon the death of the defender. Ersk. Inst 4. 1, G0.

The transferring of a legacy from the person to whom it was originally given to an- other; this is a species of adoiuption, but the lntter is the more general term, and icnludes cases not covered by the former.

TRANSFERROR. transfer.

One who makes a

T1-ansfernntnr dominia sine titnlo at ti-aditiune, per nsnonptionem. scil, per longsm continnflm et pacificam possesslonem. Co. Litt. 113. Righm of dominion are transferred without title or delivery, by usucaption, to—wit, long and quiet possession.

TRA_NSFItI-JTATIO.}} Lat. In old English law. A crossing of the strait, [of Dover :1 a passing or sailing over from England to France. The royal passages or voyages to Giiscony, Brittany, and other parts of France were so called, and time was sometimes coin- puteil from then].

TRANSGRESSIO. A vioiation of law. tion of trespass.

In old uglish law. Also trespass; the ac-

Transgressio est cum niodns non servatnr nee mensnrn, debit enim qnililiet in one fnctu modnm linlzere at mensnrani. Co. Litt. 37. Ti-imsgressinn is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure.

TRANSGRESSIONE. In old English law. A writ or action of trespass.

T1-ansgressione multipliusta, cresoat pumae inflictio. When trunsgi'ession is mul- tiplied, let the infliction of punishment he Increased. 2 Inst. 47 .

TRANSGRESSIVE TRUST. See Tnusr.

TRANSIIIPMENT. In maritime law. The act of taking the cargo out of one ship and loading it in another.

TRANSIENT. In poor-laws. A "transient person" ls not exactly a person on a journey from one known place to another, but rather a wanderer ever on the tramp. Miiidlebury v. W.ilthaiu, 6 Vt. 203; Londonderry v. Landgrore, G6 Vt. 264, 29 Atl. 256.

In Spanish law. A "transient foreigner"

is one who visits the country, without the