Blacks Law Dict. 1st ed

TRIAL BY THE RECORD 1189

TRINEPOS

Jury on them both. This is called "going to trial by proviso." Jacob, tit. "Proviso." TRIAL BY THE RECORD. A form of trial resorted to where issue is taken upon a plea of nul tiel record, in which case the party asserting the existence of a record as pleaded is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by inspection and examina tion of it. If the record is not produced, judgment is given for his adversary. 3 Bl. Comm. 330. TRIAL BY WAGER OF BATTEL. This was a species of trial introduced into England, among other Norman customs, by "William the Conqueror, in which the person accused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 Bl. Comm. 337-341. TRIAL BY WAGER OP LAW. In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as com purgators, swore that they believed him to speak the truth. 3 Bl. Comm. 343. See WAGER OF LAW. TRIAL BY WITNESSES. The name "trial per testes" has been used for a trial without the intervention of a jury, is the only method of trial known to the civil law, and is adopted by depositions in chancery. The judge is thus left to form, in his own breast, his sentence upon the credit of the witnesses examined. But it is very rarely used at common law. Tomlins. TRIAL LIST. A list of cases marked down for trial for any one term. TRIAL WITH ASSESSORS. Admi ralty actions involving nautical questions, «. g., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 179. Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere no titiam. Trial ought always to be had where the jurors can have the best information. 7 Coke, 1. TRIBUERE. Lat. In the civil law. To give; to distribute. TRIBUNAL. The seat of a judge; the place where he administers justice; a judicial court; the bench of judges.

In Roman law. An elevated seat occu pied by the praetor, when be judged, or heard causes in form. Originally a kind of stage made of wood in the form of a square, and movable, but afterwards built of stone in the form of a semi-circle. Adams, Rom. Ant. 132, 133. TRIBUNAUX DE COMMERCE. In French law. Certain courts composed of a president, judges, and substitutes, which take cognizance of all cases between merchants, and of disagreements among partners. Ap peals lie from them to the courts of justice. Brown. TRIBUTE. A contribution which is raised by a prince or sovereign from his sub jects to sustain the expenses of the state. A sum of money paid by an inferior sover eign or state to a superior potentate, to se cure the friendship or protection of the latter. Brande. TRICESIMA. An ancient custom in a borough in the county of Hereford, so called, because thirty burgesses paid Id. rent for their houses to the bishop, who was lord of the manor. Wliarton. TRIDING-MOTE. The court held for a triding or trithing. Cowell. TRIDUUM. In old English law. The space of three days. Fleta, lib. 1, c. 31, § 7. TRIENNIAL ACT. An act limiting the duration of every parliament to three years, unless sooner dissolved. It was passed by the long parliament in 1640, and after wards repealed, and the term was fixed at seven years by the septennial act, (St. 1 Geo. I. St. 2, c. 38.) TRIENS. Lat. In Roman law. A sub division of the as, containing four uncice; the proportion of four-twelfths or one-third. 2 Bl. Comm. 462, note m. A copper coin of the value of one-third of the as. Brande. In feudal law. Dower or third. 2 Bl. Comm. 129. TRIGAMUS. In old English law. One who has been thrice married; one who, at different times and successively, has had three wives; a trigamist. 3 Inst. 88. TRI GILD. In Saxon law. A triple gild, geld, or payment; three times the value of a thing, paid as a composition or satisfaction. Spelman. TRINEPOS. Lat. In the civil law. A great-grandson's or great-granddaughter's

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