Page:Black's Law Dictionary (Second Edition).djvu/1177

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TRAUMA

brain.—Traumntilm. A diseased condition of the body or any part of it caused by a wound or external injury.

TRAVAIL. The act of childbearing. A woman is said to be in her travail from the time the pains of child-hearing commence untii her delivery. Scott v. Donovan, 153 Mass. 378, 26 N. E. 871.

TRAVEL. To go from one place to an- other at a distance; to journey: spoken of voluntary change of place. See White v. Beasley, 1 Barn. & Aid. 171; Hancock v. Band, 94 N. Y. 1. 46 Am. Rep. 112; Gholson v. State. 53 Ala. 521. 25 Am. Rep. 652; Camp- beil v. State, 28 Tex. App. 44, 11 S. W. 832; State v. Smith. 157 1nd. 241, 61 N. in. 566. 87 Am. st. Rep. 205.

TRAVELER. The term is used in a broad sense to designate those who patronize inns. Traveler is one who travels in any way. Distance is not material. A towns- man or neighbor may be a traveler, and therefore a guest at an inn, as weli as he wiio comes from a distance or from a foreign country. Walling v. Potter, 35 Conn. 185.

TRAVERSE. In the language of pleading, a traverse signifies a denial. Thus, where a defendant denies any uiaterial alle -,;ation of fact in the plaintiffs declaration, he is said to traverse it, and the plea itself is thence frequently termed a “travei-se." Brown.

In criminal practice. To put oft or de- lay the trial of an indictment tili a succeeding term. More properly, to deny or take issue upon an indictment. 4 Bl. Comm. 351.

—-Common traverse. A simpie and direct denial of the mnterini alicgationa of the oppo- site pleading. conciuding to the country, and without inducement or uhsque hac.—Ge:neral traverse. One preceded by a general inducement, and denying in general terms all that is last before aileged on the o posite side. instead of pursuing the words 0 the allegations which it denies. Gould. Pl. vii. 5.—Specini traverse. A peculiar form of traverse or de- niai, the design of wblch, as distinguished from a common traverse, is to explain or qualify the deniai. instead of putting it in the direct and ahsoiute form. It consists of an afiiunstive and a negative part, the first setting forth the new affirmative matter tending to explain or quaiify the deniai, and technicaily calied the “induceinent." and the iatter constituting the direct dr-niai itself, and technically called the "absque hoc." Steph. Pi. 169-180; Allen v. Stevens. 2!) N. J. Law. 513; Chambers v. Hunt. 18 N. J. Law. 352; Peopie v. Pullman's (‘ar Co.. 175 lli. 125. 51 N. E. 664. (34 L. R. A. 66—'l_‘rn.vetse jury. A petit jury; a trial jnrv: a yuiy impaneied to try an action or prosecution, as distinvvuished from a grand ]ury.—Tra.ve1se_of indictment or present- _ment. The taking issue upon and contradicting or denying some chief point of it. Jacob. —Ti-averse of o «:2. The proving that an inqnisition made of lands or goods by the escheator is defective and untrnly made. Tomiins. It is the chaiienging, by a subject, of an inquest of otfioe, as being defective and untrnly madc. Mozlev S: \Wiitley.—Traverse upon e. traverse. One growing out of the same point

Bl.Law Dict.(2d Ed.)—74

1169

TREASON

or subject-matter as is emhraced in a preceding traverse on the other side.

TRAVERSER. In pleading. One who traverses or denies. A prisoner or party indicted; so calied from his traveising the indictiiient.

TRAVBRSING NOTE. This is a pleading in Lhancery, and consists of a deni.ii put in by the plaintiff" on behalf of the defendant, geneiaily denying all the statements in the plaintiff's bill. The effect of it is to put the piaintitf upon proof of the whuie contents of his biii, and is only resorted to for the purpose or saving time, and in a case where the plaintiff can safeiy dispense with an answer. A copy of the note must be SEl‘\Ed on the defendant. Brown.

'1‘ R E A C H E R, TRECHETOUR, or TREACHOUR. A traitor.

'l".B.EAD-1Vi'.[LL, or TREAD-WHEEL, is an instrument of prison discipline, being a Wheel or cyiinder With an horizontzii uis, having steps attached to it, up which the prisoners walk, and thus put the axis in motion. The men hold on by a fixed raii, and, as their weight presses down the step upon which they ti-end, they ascend the next step, and thus drive the wheel. Enc. Brit.

TREASON. The offense of attempting to overthrow the government of the state to which the offender owes allegiance: or of betraying the state into the hands of a foreign power. Webster.

In England. treason is an offense particu- larly directed against the person of the sovereign, and consism (1) in coinpassuig or im- agiiiing the death of the king or queen. or their eldest son and heir; (2) in vioiating the kings companion, or the kings eldest daugh- ter nnmariied, or the wife of the king's eldest son and heir; (3) in levying war against the king in his realm; (4) in adhei-ing to the king's enemies in his realm. giiing to them aid and comfort in the realm or else- where, and (5) siaylng the chancellor, treas- urer, or the l;iug‘s justices of the one bench or the other. justices i.n eyre, or justices of sssize, and all other justices assigned to hear and determine, being in their places doing their offices. 4 Steph. Comm. 1S5—193; 4 Bi. Coium. 70-84.

"'.l‘reason.against the United Stnies shall consist only in ievying war against them. or in adhering to their enemies, giving them aid and comfort." U. S. Const. art. 3. § 3, cl. 1. See Young v. U. S.. 97 U. S. 62, 24 L. Ed. 992; U. S. v. Bollman, 1 Crnneh. C. C. 373, Fed. Cas. No. 14.622; U. s. v. Grenthouse. 4 Suwy. 457, 2 Ahb. U. S. 364. Fed. Cris. No. 15.254; (J. S. v. Hnnway, 2 Wall Jr 139, Fed. Cas. No. 15,299; U. S. v. Iioxic, 1 Paine, 265. Fed. Cas. No. 15.407; U. S. v. Pryor, 3 Wash. C. C. 234, Fed. Cas. No. 16.096. —Const1-native treason. Treason imputed

to a person by law from his conduct or course