Page:Black's Law Dictionary (Second Edition).djvu/1186

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der a will: one appointed to carry out a trust created by a will. The term does not ordinarily include an executor or an administrator with the will annexed, or a guardian, though all of these are in a sense trustees, except when they act in the execution of a trust created by the will and which is separable from their functions as executors, etc. See In re Haz- 0 urd. 51 Him, 201, 4 N. Y. Supp. 701; In re \nlcnline’s Estate, I Iilisc. Rep. 491, 23 N. \. Supp. 9 ' In re Hawley, N. Y. 250, IO N. i'}. - —Trustee acts. The statutes 13 & 14 Vwt. c. 60. passed in 1850, and I5 & 16 \ict. c. 55, passed in 1852, enabling the court of chancery, without bill filed, to appoint new trustees in lieu of any who, on account of death. lunacy, absence, or otherwise, are unable or unwilling to act as such: and also to make vesting orders by which legal estates and rights may he transferred from the old trustse or trustees to the new trustee or trustees so Qappointcd. Mozicy & “’hitiev.—-Trustee ex

A person who, being guilty of wron,-fn_l or fraudulent conduct. is held hy eauit__v to the duty and liability of a trustee. in relation to the subject-matter. to prevent him from profiting by his own wrong.—Tx-ustee in bankruptci. A trustee in bankruptcy is a person in w om the property of a hanlcmpt is vested in trust for the creditors.—Trnstee process. The name given. in the \lew Enzland states. to the process of gum cigrn nttm-l1ment—'I‘rustee re f acts. The sintute 10 & 11 Yict. c. iifi. passed in 1847, and stalnto 12 8: 13 Vict. r. 74. passed in 1849, by I\hlch a trustee is enabled to pay monev into court. in cases where a rlifficulty arises respect- lIl’i{.' the title to the trust fund. Moziey & Whitey.

TRUSTEE. In Scotch law. The maker or creator of a trust.

TRUSTIS. In old European law. faith; confidence; fidelity.

Trust :

TEUSTOR. A word occasionally, though rarely, used as a designation of the creator, donor, or founder of a trust.

TRY. To examine judicially; to examine and investigate a controversy, by the legal method called ‘‘trial. for the purpose of determining the issues it involves.

TUAS RES TIBI HABETO. Lat. Have or take your things to yourself. The form -of words by which, according to the old Ro- nmn law, a man divorced his wife. Calvin.

TUB. In mercantile law. A measure containing sixty pounds of tea, and from fifty- slx to eighty-six pounds of (manner. Jacob.

TUB-MAN. In English law. Aberrister who has a preaudience in the exchequer, and also one who has a particular place in court, is so called Brown.

TIICHAS. In Spanish law. Objections or exceptions to witnesses. White, New Recop. b. 3, tit. 7, c. 10.

TUERTO. In Spanish law. Partidas, pt. 7, Lit. 6, L 5.

Tort. Lss



TIIG. A steam vessel hnilt for towing: synonymous with “tow-boat."

TULLIANUM. Lat. In Roman law. That part of a prison which was under ground. Supposed to be so called from Servius '1‘ullius, who built that part of the first prison in Rome. Adams, Rom. Am. 290.

TUMZBREL. A castlgatory, fiebncket, or ducking-stool, anclently used as a punish- ment [or common scolds.

TUMUITUOUS PETITIONING. Under St. 13 Car. II. St. 1, c. 5, this was a misdemeanor, and consisted in more than twenty persons suning any petition to the crown or either house of parliament for the alteration of matters established by law in chnrch or state, unless the contents thereof had heea approved by three justices, or the majority of the grand jury at asslzes or quarter sessions. No petition could be de- livered by more than ten persons. 4 BL Comm. 147; Mozley & Whitley.

TUN. A measure of wine or oil, containing four hogsheads.


A town-reeve or bailiff.

TURBA. Lat. In the civil law. A mul- titude; a crowd or mob; a tumultuous assembly of persons. Said to consist of ten or fifteen, at the least. Calv‘in.

TURBARY. Turbary, or common of tur- buy, is the right or liberty of diging tarl’ upon another man's ground. Brown.

TURN, or TOURN. The great court-ieet of the county, as the old county court was the court-baron. Of this the sheriff is judge, and the court is incident to his office; wherefore it is called the "sheriff's tourn;" and it had its name originally from the sheriff making a turn of circuit about his shire, and holding this court in each respective hundred. Wharton.

TURNED TO A RIGHT. This phrase means that a person whose estate is divested by usurpation cannot expel the possessor by mere entry, but must have recourse to an action. either possessory or droitural. Moz- ley & Vvhitley.

TURNKEY. A person, under the superintendence of a jailer, who has the charge of the keys of the prison, for the purpose of opening and fastening the doors.

TURNI-‘IKE. A {rate set across a road. to stop travelers and carriages until toll is paid for the privilege of passage thereon. —'I‘uz-npike roads. These are roads on which

parties have by law a right to erect gates and