Blacks Law Dict. 1st ed

TRADITIO BBEVI MANU 1182

TRANSACTION

ward I., during his absence in the Scotch and French wars, about the year 1305. They were so styled, says Hollingshed, for trailing or drawing the staff of justice. Their office was to make inquisition, throughout the kingdom, of all officers and others, touching extortion, bribery, and such like grievances* of intruders into other men's lands, barrators, robbers, breakers of the peace, and divers other offenders. Cowell; Tomlins. TRAINBANDS. The militia; the part of a community trained to martial exercises. TRAISTIS. In old Scotch law. A roll containing the particular dittay taken up up on malefactors, which, with the porteous, is delivered by the justice clerk to the coroner, to the effect that the persons whose names are contained in the porteous may be at tached, conform to the dittay contained in the traistis. So called, because committed to the traist, [trust,] faith, and credit of the clerks and coroner. Skene; Burrill. TRAITOR. One who, being trusted, be trays; one guilty of treason. TRAITOROUSLY. In criminal plead ing. An essential word in indictments for treason. The offense must be laid to have been committed traitorously. Whart. Crinu Law, 100. TRAJECTITIUS. Lat. In the civil law. Sent across the sea. TRAM-WAYS. Rails for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and con vey the traffic. Wharton. TRAMP. A strolling beggar; a vagrant or vagabond. TRANSACT. In Scotch law. To com pound. Amb. 185. TRANSACTIO. Lat. In the civil law. The settlement of a suit or matter in con troversy, by the litigating parties, between themselves, without referring it to arbitra tion. Hallifax, Civil Law, b. 3, c. 8, no. 14. An agreement by which a suit, either pending or about to be commenced, was for borne or discontinued on certain terms. Calvin. TRANSACTION. In the civil law. A transaction or compromise is an agreement be tween two or more persons, who, for prevent ing or putting an end to a lawsuit, adjust their differences by mutual consent, in the manner which they agree on, and which every

TRADITIO BREVI MANU. In the civil law. A species of constructive or im plied delivery. When he who already holds possession of a thing in another's name agrees with that other that thenceforth he shall possess it in his own name, in this case a delivery and redelivery are not necessary. And this species of delivery is termed " tra ditio brevi tnanu." Mackeld. Bom. Law, §284. TRADITIO CLAVIUM. In the civil law. Delivery of keys; a symbolical kind of delivery, by which the ownership of mer chandise in a warehouse might be transferred to a buyer. Inst. 2,1, 44. TRADITIO LONGA MANU. In the civil law. A species of delivery which takes place where the transferor places the article in the hands of the transferee, or, on his or der, delivers it at his house. Mackeld. Bom. Law, § 284. Traditio loqui facit chartam. Deliv ery makes a deed speak. 5 Coke, la. De livery gives effect to the words of a deed. Id. Traditio nihil amplius transferre de bet vel potest, ad eum qui accipit, quam est apud eum qui tradit. Delivery ought to, and can, transfer nothing more to him who receives than is with him who delivers. Dig. 41,1, 20, pr. TRADITIO REI. Delivery of the thing. See 5 Maule & S. 82. TRADITION. Delivery. A close trans lation or formation from the Latin "tradi tion 2 Bl. Comm. 307. The tradition or delivery is the transfer ring of the thing sold into the power and pos session of the buyer. Civil Code La. art. 2477. TRADITOR. In old English law, A traitor; one guilty of high treason. Fleta, lib. 1, c. 21, § 8. TRADITUR IN BALLIUM. In old practice. Is delivered to bail. Emphatic words of the old Latin bail-piece. 1 Salk. 105. TRAFFIC. Commerce; trade; dealings in merchandise, bills, money, and the like. TRAHENS. Lat. In French law. The drawer of a bill. Story, Bills, § 12, note. TRAIL - BASTON. Justices of trail baston were iustices appointed by King Ed

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