KFLCC Kingdom Law 2nd Ed.

TESTIMONY

THEFT

1151

evidence. Testimony Is the evidence given by witnesses. Evidence is whatever may be given to the jury as tending to prove a case. It includes the testimony of witnesses, docu ments, admissions of parties, etc. Mann v. Higgins, 83 Cal. 66, 23 Pac. 206; Carroll v. Bancker, 43 La. Ann. 1078, 10 South. 192; Columbia Nat. Bank v. German Nat. Bank, 56 Neb. 803, 77 N. W. 346; Harris v. Tom linson, 130 Ind. 426, 30 N. E. 214. See EVI DENCE. —Negative testimony. Testimony not bear ing directly upon the immediate fact or oc currence under consideration, but evidencing facts from which it may be inferred that the act or fact in question could not possibly have happened. See Barclay v. Hartman, 2 Marv. (Del.) 351, 43 Atl. 174. TESTIS. Lat. A witness; one who gives evidence in court, or who witnesses a docu ment. Testis de visn prseponderat aliis. 4 Inst. 279. An eye-witness is preferred to others. Testis lupanaris siifflcit ad factum in lnpanari. Moore, 817. A lewd person is a sufficient witness to an act committed in a brothel. Testis nemo in sna eansa esse potest. No one can be a witness in his own cause. Testis ocnlatns irons pins valet qnam anxiti decern. 4 Inst. 279. One eye-wit ness is worth more than ten ear-witnesses. TESTMOIGNE. An old law French term, denoting evidence or testimony or a witness. Testmoignes ne poent testifier le nega tive, mes l'afflrmative. Witnesses cannot testify to a negative; they must testify to an affirmative. 4 Inst. 279. TEXT-BOOK. A legal treatise which lays down principles or collects decisions on any branch of the law. TEXTUS ROFFENSIS. In old English law. The Rochester text An ancient manu script containing many of the Saxon laws, and the rights, customs, tenures, etc., of the church of Rochester, drawn up by Ernulph, bishop of that see from A. D. 1114 to 1124. Cowell. THALWEG. Germ. A term used in topography to designate a line representing the deepest part of a continuous depression in the surface, such as a watercourse; hence the middle of the deepest part of the chan nel of a river or other, stream. See Iowa v. Illinois, 147 U. S. 1, 13 Sup. Ct 239, 37 L. Ed. 55; Keokuk & H. Bridge Co. v. People, 145 111. 596, 34 N. E. 482. THANAGE OF THE KING. A certain 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. THANE£ANDS. 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 office and dignity of a thane; the seigniory of a thane. That which I may defeat by my entry I make good by my confirmation. Co. Litt 300. THAVIES INN. An inn of chancery. See INNS OF CHANCEET. THE. An article which particularizes the subject spoken of. "Grammatical niceties should not be resorted to without necessity; but it would be extending liberality to an unwarrantable length to confound the arti cles 'a' and 'the.' The most unlettered per sons understand that 'a* is indefinite, but 'the' refers to a certain object." Per Tilgh man, C. J., Sharff v. Com., 2 Bin. (Pa.) 516 The fund which has received the ben efit shonld make the satisfaction. 4 Bouv. Inst note 3730. THEATER. Any edifice used for the purpose of dramatic or operatic or other representations, plays, or performances, for admission to which entrance-money is re ceived, not including halls rented or used occasionally for concerts or theatrical repre sentations. Act Cong. July 13, 1866, § 9 (14 St at Large,- 126). And see Bell v. Mahn, 121 Pa. 225, 15 Atl. 523, 1 L. R. A. 364, 6 Am. St. Rep. 786; Lee v. State, 56 Ga. 478; Jacko v. State, 22 Ala. 74. THEFT. An unlawful felonious taking away of another man's movable and per sonal goods against the will of the owner. Jacob. Theft is the fraudulent taking of corporeal personal property belonging to another, from his possession, 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 benefit of the person taking. Quit zow v. State, 1 Tex. App. 65, 28 Am. Rep. 396; Mullins v. State, 37 Tex. 338; U. S. v. Thomas (D. C.) 69 Fed. 590; People v. Dono hue, 84 N. Y. 442. In Scotch law. The secret and felonious abstraction of the property of another for sake of lucre, without his consent Alls. Crim. Law, 250.