Page:Black's Law Dictionary (Second Edition).djvu/1187

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


TURPIS

bars, for the purpose of taking toll, and of refusing the periniseion to pass along them to ali persons who refuse to pay. Nortliam Bridge Co. v. London Ry. 00.. 6 Mess. 8; W. 425. A turn- pike road is a public highway. established by public authority for public use, and is to be re- garded as a public easement, anil not as pri- vate property. The only differcnce lictween this and a common highixay is that, instead of being made at the piihlic expense in the iiist instance. it is authori-/.ed and laid out by public authority, and made at the expense of individ- uals in the first instance; and the cost of construction and maintenance is reimbursed by ii toll. levied by public authority for the purpose. (om. v. Will(inson. 16 Pick. (Mass.) 175, 26 Am. Dec. 654.

TURPIS. Lat. In the civil law. Base:

mean; vile; l'Il§~‘£,'l‘llCCflll: infamous: unlaw- ful. Applied both to things and persons. Calvin. —'.l‘iu-pin causa. A base cause; a vile or im- moral consideration: a consideration which, on account of its immorality. is not allowed by law to be sufficient either to support a contract or found an action: e. _41.. future illicit intercourse. —Tin-pin cont:-nctlis. An immoral or iniquitous contract.

Turpis est pars quae non oonvenlt cum sun toto. The part which does not agree with its whole is of mean acconnt, [entitled to small or no consideration] Plowd. 101; Shep. Touch. 87.

TURPITIIDE. Everything done contrary to justice, honesty. modesty, or good morals is said to be done with turpitiide.

TURPITUDO. Lat. immorality; tui-pitude.

Baseness ; infamy;

Tutu est cnstodia quae sihimet creditur. Hob. 340. That guardianship is secure which is inirusted to itself alone.

TUTELA. Lat. In the civil law. To-

telage; that species of guardianship which continued to the age of puberty; the guard- ian being called ‘‘tutor, and the ward, “pu- pi'llus." 1 Dom. Civil Law. b. 2. tit. 1, p. 260. —'.l‘utcla legitiina. Legal tutelage; tntclage created by act of law, as where none had been created by testament. Inst. 1. 1-‘), pr.—Tnte1a teiiteinentaria. Testamentary tutelage or p:uai'dinnsl.iip: that kind of tutelage which was created by will. Calvin.

TUTELJE ACTIO.}} Lat. In the civil law. An action of tutelage; an action which lay for a ward or pupil, on the termination of tutelage, azainst the tutor or guardian. to compel an account. Calvin.

TUTELAGE.}} Guardianship; state of being under a guardian.

TUTELAM E]-JDDERE. Lat In the civil law. To render an account of tutelage. Calvin. Tutclam reposoere, to demand an account of tuteiage

1179

TWA NIGHT GEST

TUTEUE. guurrllan.

—'1‘iiteux- ofleieux. A person over fifty years of age may be appoiuied a tutor of l.lllS sort to a child over fifteen years of age. niih the consent of the parents of suih child. or. in their default, the conscil do famitle. The duties which such a. tutor becomes subject to are analogous to those in English law of a person who puts himself in lime purentia to any one. Brow-o.—Tuteux- suhrogé. The tille of a second guardian appointed for an infant under guardianship. His functions are exercised in case the interests of the infant and his pricnipal guardian conflict. Code Nap. 420; Brown.

In French law. A kind of

Tntius er-rntur ex par-to mitiox-e. 3 Inst. 220. It is safer to err on the gentler side.

Tutins scraper est ex-rare nequietando, qnaan in puniendo, ex parte nniseriooru dine quam ex parte justitiae. It is always safer to err in acquitting than punishing. on the slrle of mercy than on the aids of justice. Branch. Priuc.; 2 Dale. P. C. 290; Broom, Max. 326; Com. v. York, 9 Metc. (Mass) 116, 43 Am. Dec. 373.

TUTOR. In the civil law. This term corresponds nearly to “guardian." (L e.. Fl person appointed to.have the care of the person of a minor and the administration of his estate.) except that the guardian of a minor who has passed I], ceitain age is called “curator." and has powers and duties ditferlng somewhat from those of a tutor.

By the laws of Louisiana. minors under the age of fourteen vears, it males, and under the age of twelve years, if females, are. both as to their persons and their estates. placed under the authority of a tutor. Above that age, and until their majority or emacnipation, they iire placed under the authority of a curator. Civ. Code La. 1838, art. 263.

—Tutor nlienus. In English law. The name given to II stranger who enters upon the lainils of an infant within the age of fourteen, and takes the profits. Co. Litt. Siib. 90a.—Tutor pr-api-ins. The name given to one who ‘ rightlv a guardian in socage. in contradisrinction to a tutor izli'crms.

TUTOESHIP. The office and power of a tutor.

—Tntoi-ship by nature. After the dissolution of marriage by the death of either hushaiirl or wife, the tiitorship of minor children belongs of right to the surviving mother or father This is what is called "tutorship by nature." Civ. Code La. art. 250.—'J.‘utorship by will. The l'lL'l]t of appointing a tutor, whether a rrlation or a stmiigor. belongs €Xl"lllSi\El_lI to the father or mother dying last. This is call- cd “tutoiship by viill." because generally it is given by testament; but it may lihcwise he given by any declaration by the surviving father or mother. executed before a notary and two witnesses. Civ. Code La. art. %7.

TUTRIX. A female tutor.

TWA NIGHT GEST. In Saxon law. A

guest on the second night. By the laws of