Page:Black's Law Dictionary (Second Edition).djvu/1181

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TRIAL

where issue is taken upon a plea of nu! tic-l record. in which case the arty asserting the existence of a record as pended is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by inspection and examination of it. If the record is not produced. judgment is given for his ad- veisarv. 3 Bl. Comm. I-l250.—'1‘1-isl by wager of Isattel. ’l‘his was a species of trial intro- duced into England, among other Norman customs, by William the Conqueror, m which the person nccused fought with his accuser. under the apprehension that Heaven would give the viitory to him wbo was in the right. 3 Bl. Comm 337-3-L1.—Trinl by wager of law. In old English law. A method of trial, where the defendant. coming into court. made oath that he did not owe the claim demanded of him, and elucn of his l]EiElll10l‘S, as compnrgators, swore that they believed him to speak the truth. 3 Bl. Comm. 3-13. See Vi AGER or LAW.—T1'ia1 by witnesses. The name "trial per testes" has been used for a trial without the inter an

tiun of a jury. is the only method of trial lzumvn to the civil law, and is adopted by deposition: in cinneery. 'l‘he judge is thus left to form. in his msn breast. his sentence upon the. credit of the witnesses examined. But it is very rare- ly used at common law. Toinlins.—Trinl do novo. A new trial or retrial had in an appellnte court in which the whole case is gone into as if no trial whatever had been had in the court below See Karcher v. Green. 8 I-loust.

’ l. 2 Ex pnrte Morales (Tex

. a . : Shultz v. Lnrnpert. 55 Tex. .'_’i'7 Tiial jury. The jury participating in the trial of a given case: or a jury sum- moned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jul'y—Tl'Ia1 list. A list 0! cases marked down for trial for any one term.—Tx-ial with assessors. Admiralty actions involving nautical questions. 9. ., actions of collision, are f1l‘lJPl"'llly tried in Igsngland before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 179.

Trlatio ibi seznper debet fieri, uh! juratores meliorem possnnt halsere notitiam. Trial ought always to be had where the jurors can have the hest information. 7 Coke, 1.

TRIBUEBE. Lat. In the civil law. give: to distriliute

To

TRIBUNAL. The seat of a judge; the place where he administers justice: :1 judicial court: the hencii of judges. See Foster v Worcester. 16 Pick. (Mnss.) 81.

In Roman law. An elevated seat occu- pied by the pr:etor, when he jlulged, or heard causes in form. Originally I1 kind of -stage made of wood in the form of a, square, and Lnovalale, but afterwards built of stone in the form of a semi-circle. Adams. Rom. Ant. I32. 133

TRIBUNAUX DE COIVIIVIERCE. In French law. Certain courts composed of a president, judges, and substitutes, which take cognizance of all cases between iner- chants, and of disagreements among part- ners. Appeals lie from them to the courts of justice. Brown.

1173

TRINITY MASTERS

TRIBUTE. A contribution which is raised by a prince or sovereign from his sub- jects to sustain the expenses of the state.

A sum of money paid by an inferior sovereign or state to a superior poteiitate, to secure the friendship or protection of the latter. Brande.

TRICESIIVLA. An ancient custom in a horough in the county of Hereford, so call- ed because thirty burgesses paid 1d rent for their houses to the bishop, who was lord of the manor. Wharton.

TRIDING-MOTH. The court held for a trlding or trlthlng. Cowell.

TRIDUUM. In old English law. The space of three days. Fleta, lib. 1, c. 31, 5 T.

TRIENNIAL ACT. An English statute limiting the duration of every parliiiment°to three years, unless sooner dissolved. It was passed by the long parliament in 1640, and afterwards repealed, and the term was fired at seven years by the septenniai act. (St. 1 Geo. I. St. 2. c. 38.)

TRIENS. Lat. In Roman law. A silh- division of the as, containing four uncite: the proportion of four-tweiftiis or one-third. 2 Bl. Comm. 452, note m. A copper coin of the value of one-third of the ma. Brande.

In feudal law. Dower or third. 2 Bl. Comm. 129.

TRIGAMUS. In old English law. One who has been thrice married: one who, at different times and successively, has had three wives: a trisnmlst. 3 Inst. 88.

TRIGIID. In Saxon law. A triple gild. geld, or payment; three times the value of a thing. paid as a composition or satisfaction. S]'iP‘rlI'll].

TRINEPOS. Lat. In the civil law. A great-.c:raudson‘s or great-granddaughtei-‘s grezitgisiiiulson. A male descendant iu the sixth degree. Inst. 8, 6, 4.

TRINEPTIS. Lat. great-grandson's or gre-.it-grandilziiighter. in the sixth degree.

In the civil law. A gre~.it-gr-uiddaughter’s A fcmzlle Llesceiidaut Inst. 3, 6, 4.

TRINITY HOUSE. In English law. A society .ii Deptfoid Strond, incorporated by Ben. \lII. in 1515, for the promotion of commerce and navigation by licensing and regulating pilots, and oi'(le1'ing and erecting beacons, light-houses. buoys, etc. Wharton.

TRINITY MASTERS are elder breth- ren of the Trinity House. It a question arising in an admiralty action depends upon

technical skill and experience in navigation,