Blacks Law Dict. 1st ed

TESTIS LUPANARIS, ETC.

1168

THELUSSON ACT

but it would be extending liberality to an un warrantable length to confound the articles •a' and 'the.' The most unlettered persons understand that * a' is indefinite, but • the' refers to a certain object." Per Tilghman, C. J., 2 Bin. 516. The fund which has received the ben efit should make the satisfaction. 4 Bouv. Inst. no. 3730. THEATER. Any edifice used for the pur pose of dramatic or operatic or other repre sentations, plays, or performances, for ad mission to which entrance-money is received, not including halls rented or used occasion ally for concerts or theatrical representations. Act Cong. July 13,1866, § 9, (14 St. at Large, 126.) THEFT. An unlawful felonious taking away of another man's movable and peisonal goods against the will of the owner. Jacob. Theft is the fraudulent taking of corporeal per sonal property belonging to another, from his pos session, or from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or bene fit of the person taking 1 Tex. App. 65. In Scotch law. The secret and felonious abstraction of the property of another for sake of lucre, without his consent. Alis. Cnm. Law, 250. THEFT-BOTE. The offense committee) by a party who, having been robbed and knowing the felon, takes back his goods again, or receives other amends, upon an agreement not to prosecute. Theft-bote est emenda furti capta, sine consideratione curise dommi regis. 3 Inst. 134. Theft-bote is the pay ing money to have goods stolen returned, without having any respect for the court of the king. THELONIO IRRATIONABILI HA BENDO. A writ that formerly lay for him that had any part of the king's demesne in fee-farm, to recover reasonable toll of the king's tenants there, if his demesne had been accustomed to be tolled. Reg. Oiig. 87. THELONIUM. An abolished writ for citizens or burgesses to assert their right to exemption from toll. Fitzh. Nat. Brev. 226. THELONMANNUS. The toll-man or officer who receives toll. Cowell. THELUSSON ACT. The statute 39 & 40 Geo. III. c. 98, which restricted accumu lations to a term of twenty-one years fiom the

Testis lupanarls sufficit ad factum in lupanari. Moore, 817. A lewd person is a sufficient witness to an act committed in a brothel. Testis nemo in sua causa esse potest. No one can be a witness in his own cause. Testis oculatus anus plus valet quam auriti deeem. 4 Inst. 279. One eye-wit ness is worth more than ten ear-witnesses. TESTMOIGNE. An old law French term, denoting evidence or testimony. Testmoignes ne poent testifler le nega tive, mes l'afflrmative. Witnesses cannot testify to a negative; they must testify to an affirmative. 4 Inst. 279. TEST-PAPER. In practice. A paper or instrument shown to a jury as evidence. A term used in the Pennsylvania courts. 7 Pa. St. 428. TEXT-BOOK. A legal treatise which lays down principles or collects decisions on any branch of the law. TEXTUS ROFFENSIS. In old En glish law. The Rochester text. An ancient manuscript containing many of the Saxon laws, and the rights, customs, tenures, etc., of the church of Bochester, drawn up by Ernulph, bishop of that see irom A. D. 1114 to 1124. Cowell. THANAGE OF THE KING. A cer tain part of the king's land or property, of which the ruler or governor was called "thane." Cowell. THANE. An Anglo-Saxon nobleman; an old title of honor, perhaps equivalent to "baron." There were two orders of thanes, —the king's thanes and the ordinary thanes. Soon after the Conquest this name was dis used. Cowell. THAN ELANDS. Such lands as were granted by charter of the Saxon kings to their thanes with all immunities, except from the trinoda necessitas. Cowell. THANESHIP. The offi ce and dignity of a thane; the seigniory of a thane. That which, I may defeat by my en try I make good by my confirmation. Co. Litt. 300. THAVIES INN. An inn of chancery. See INNS OF CHANCERY. THE. An article which particularizes the subject spoken of. "Grammatical niceties should not be resorted to without necessity;

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