KFLCC Kingdom Law 2nd Ed.

TERRA

1146

.1. HiJt&Jn.

if it be for bis interest to accept or reject the succession which has fallen to him. Civ. Code La. art 1033.— Term for years. An estate for years and the time during which such estate is to be held are each called a "term;" hence the term may expire before the time, as by a surrender. Co. Litt. 45.— Term in gross. A term of years is said to be either in gross (out standing) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattach ed or disconnected from the estate or inheri tance, as where it is in the hands of some third party having no interest in the inheritance; it is attendant, when vested in some trustee in trust for the owner of the inheritance. Brown. — Term of lease. The word "term," when used in connection with a lease, means the pe riod which is granted for the lessee to occupy the premises, and does not include the time be tween the making of the lease and the tenant's entry. Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356.— Term probatory. The period of time allowed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote, Ecc. Pr. 240, 241.— Term to conclude. In English ecclesiastical practice. An appointment by the judge of a time at which both parties are un derstood to renounce all further exhibits and allegations.— Term to propound all things. In English ecclesiastical practice. An appoint ment by the judge of a time at which both par ties are to exhibit all the acts and instruments which make for their respective causes. In the law of contracts and in court practice. The word is generally used in the plural, and "terms" are conditions; prop ositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the parties. Webster. See Hutchinson v. Lord, 1 Wis. 313, 60 Am. Dec. 381; State v. Fawcett, 58 Neb. 371, 78 N. W. 636; Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 323. —Special terms. Peculiar or unusual condi tions imposed on a party before granting some application to the favor of the court.— Under terms. A party is said to be under terms when an indulgence is granted to him by the court in its discretion, on certain conditions. Thus, when an injunction is granted ex parte, the party obtaining it is put under terms to abide by such order as to damages as the court may make at the hearing. Mozley & Whitley. Terms of the law. The name of a lexicon of the law French words and other technicalities of legal language in old times. This name is sometimes given to property of such a nature that its duration is not perpetual or indefinite, but is limited or liable to termi nate upon the happening of an event or the expiration of a fixed term; e. g., a leasehold, a life-annuity, etc. 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 TERMES DE LA LET. TERMINABLE PROPERTY. TERMINATING BUILDING SOCI ETIES.

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

OTEB AND TEBMINEB.

TERMINI.

La t

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 an t Spelman. TERMINUM QUI PRETERIIT, WRIT OF ENTRY AD. A writ which lay for the reversioner, when the possession was with held by the lessee, or a stranger, after the determination of a lease for years. Brown. "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 annornnt certus debet esse et determinatus. Co. Litt. 45. A term of years ought to be certain and determinate. Terminus et feodum non possunt eon stare simul in una eademqne persona. Plowd. 29. A term and the fee cannot both be in one and the same person at the same time. In English ec clesiastical practice. A time for the deter mination of appeals, shorter than the termi nus juris, appointed by the judge. Hallifax, Civil Law, b. 3, c. 11, no. 36. In English ecclesi astical 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. 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. TERRA. Lat Earth; soil ; arable land. Kennett Gloss. •—Terra affirmata. Land let to farm.— Ter ra boscalis. Woody land.— Terra culta. Cultivated land.— Terra debilis. Weak or TERMINUS. Boundary; a limit, either of space or time. The phrases "terminus a quo" and TERMINUS HOMINIS. TERMINUS JURIS. TERMOR.