Blacks Law Dict. 1st ed

TERMINATING, ETC,

1163

TERRA MANENS. ETC.

expiration of a fixed term; «. g., a leasehold, • life-annuity, etc TERMINATING BUILDING SOCI ETIES. Societies, in England, where the members commence their monthly contribu tions on a particular day, and continue to pay them until the realization of shares to a given amount for each member, by the ad vance of the capital of the society to such members as required it, and the payment of interest as well as principal by them, so as to insure such realization within a given peri od of years. They have been almost super seded by permanent building societies. Wharton. TERMINER. L. Fr. To determine. See OYER AND TERMINER. TERMINI. Lat. Ends; bounds; limit ing or terminating points. TERMINO. In Spanish law. A com mon; common land. Common because of vicinage. White, New Recop. b. 2, tit. 1, c. 6, § 1, note. TERMINUM, A day given to a defend ant. Spelman. TERMINTJM QUI PRETERIIT, WRIT OP ENTRY AD. A writ which lay for the reversioner, when the possession was withheld by the lessee, or a stranger, after the determination of a lease for years. Brown. TERMINUS. Boundary; a limit, either of space or time. The phrases "terminus a quo" and "ter minus ad quern" are used, respectively, to designate the starting point and terminating point of a private way. In the case of a street, road, or railway, either end may be, and commonly is, referred to as the "termi nus." Terminus annorum certus debet esse et determinatus. Co. Litt. 45. A term of years ought to be certain and determinate. Terminus et feodum non possunt constare simul in una eademque per sona. Plowd. 29. A term and the fee can not both be in one and the same person at the same time. TERMINUS HOMINIS. In English ecclesiastical practice. A time for the deter mination of appeals, shorter than the termi nus juris, appoi nted by the j udge. Hallifax, Civil Law, b. 3, c. 11, no. 36.

TERMINUS JURIS. In English ec clesiastical practice. The time of one or two years, allowed by law for the determination of appeals. Hallifax, Civil Law, b. 3, c. 11, no. 38. TERMOR. He that holds lands or ten ements for a term of years or life. But we generally confine the application of the word to a person entitled for a term of years. Mozley & Whitley. TERMS. In the law of contracts. Con ditions; propositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the par ties. Webster. TERMS, TO BE UNDER. A party is said to be under terms when an indulgence is granted to him by the court in its discre tion, on certain conditions. Thus, when an injunction is granted exparte, the party ob taining it is put under terms to abide by such order as to damages as the court may make at the bearing. Mozley & Whitley. TERRA. Lat. Earth; soil; arable land. Kennett, Gloss. TERRA AFFIRMATA. Land let to farm. TERRA BOSCALIS. Woody land. TERRA CULTA. Cultivated land. TERRA DEBILIS. Weak or barren land. TERRA DOMINICA, or INDOMI NICATA. The demesne land of a manor. Cowell. TERRA EXCULTABILIS. Land which may be plowed. Mon. Ang. i. 426. TERRA EXTENDENDA. A writ ad dressed to an escheator, etc., that he inquire and find out the true yearly value of any land, etc., by the oath of twelve men, and to certify the extent into the chancery. Reg. Writs, 293. TERRA FRUSCA, or FRISCA. Fresh land, not lately plowed. Cowell. TERRA HYDATA. Land subject to the payment of hydage. Selden. TERRA LUCRABILIS. Land gained from the sea or inclosed out of a waste. Cowell. Terra manens vacua occupant! con ceditur. 1 Sid. 347. Land lying unoccupied is given to the first occupant.

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