Blacks Law Dict. 1st ed

TRANSIENT

1183

TRANSACTION

one of them prefers to the hope of gaining, balanced by the danger of losing. This con tract must be reduced into writing. Civil Code La. art. 3071. In common law. Whatever may be done by one person which affects another's rights, and out of which a cause of action may arise. 18 Kan. 406. " Transaction " is a broader term than " con tract." A contract is a transaction, but a transaction is not necessarily a contract. 70 Cal. 113, 11 Pac. Rep. 599. TRANSCRIPT. An official copy of cer tain proceedings in a court. Thus, any per son interested in a judgment or other rec ord of a couit can obtain a transcript of it. TRANSCRIPTIO PEDIS FINIS LEVATI MITTENDO IN CANCEL IiARIUM. A writ which certified the foot of a fine levied before justices in eyre, etc., in to the chancery. Reg. Orig. 669. TRANSCRIPTIO RECOGNITIONS PACT35 CORAM JUSTICIARIIS ITINERANTIBUS, Etc. An old writ to certify a cognizance taken by justices in eyre, Reg. Orig. 152. TRANSFER, v. To carry or pass over; to pass a thing over to another; to convey. TRANSFER, n. The passing of a thing or of property from one person to another; alienation; conveyance. 2 Bl. Comm. 294. Transfer is an act of the parties, or of the law, by which the title to property is con veyed from one living person to another. Civil Code Cal. § 1039. In procedure, "transfer" is applied to an action or other proceeding, when it is taken from the jurisdiction of one court or judge, and placed under that of another. TRANSFER OF A CAUSE. The re moval of a cause from the jurisdiction of one court or judge to another by lawful author ity. TRANSFERABLE. A term used in a quasi legal sense, to indicate that the char acter of assignabihty or negotiability at taches to the particular instrument, or that it may pass from hand to hand, carrying all rights of the original holder. The words "not transferable" are sometimes printed upon a ticket, receipt, or bill of lading, to show that the same will not be good in the hands of any person other than the one to whom first issued.

TRANSFEREE;

He to whom a trans

fer is made.

TRANSFERENCE. In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, where by the action is transferred or continued, in its then condition, from the decedent to his representatives. Transference is either act ive or passive; the former, when it is the pursuer (plaintiff) who dies; the latter, upon the death of the defender. Ersk. Inst, 4, 1, 60. The transferring of a legacy from the per son to whom it was originally given to an other; this is a species of ademption, but the latter is the more general term, and includes cases not covered by the former. TRANSFERROR. transfer. One who makes a Transferuntur dominia sine titulo et traditione, per usucaptionem, soil, per Iongam continuam et pacificam possessionem. Co. Litt. 113. Rights of dominion are transferred without title or de livery, by usucaption, to-wit, long and quiet possession. TRANSFRETATIO. Lat. In old En glish law. A crossing of the strait, [of Dover;] a passing or sailing over from Eng land to France. The royal passages or voy ages to Gascony, Brittany, and other parts of France were so called, and time was some times computed from them. TRANSGRESSIO. In old English law. A violation of law. Also trespass; the ac tion of trespass. Transgressio est cum modus non servatur nee mensura, debit enim qui libet in suo facto modum habere et men suram. Co. Litt. 87. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure. TRANSGRESSIONE. In old English, law. A writ or action of trespass. Transgressions multiplicata, crescat poense inflictio. When transgression is multiplied, let the infliction of punishment be increased. 2 Inst. 479. TRANSHIPMENT. In maritime law. The act of taking the cargo out of one ship and loading it in another. TRANSIENT. In poor-laws. A "tran sient person" is not exactly a person on a.

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