KFLCC Kingdom Law 2nd Ed.

1153

THIRTY-NINE ARTICLES

THINGS

THINGUS. In Saxon law. A thane or nobleman; knight or freeman. Cowell. In a special finding by a Jury, this word is equivalent to "believe," 'and ex presses the conclusion of the jury with suffi cient positiveness. Martin v. Central Iowa Ry. Co., 59 Iowa, 414, 13 N. W. 424. By the laws of St. Edward the Confessor, if any man lay a third night in an inn, he was called a "third-night-awn-hinde," and> his host was answerable for him if he committed any offense. The first night, forman-night, or uncouth, (unknown,) he was reckoned a stranger; the second night, twa-night, a guest; and the third night, an awn-hinde, a domestic. Bract. 1. 3. Following next after the sec ond; also, with reference to any legal in strument or transaction or judicial proceed ing, any outsider or person not a party to the affair nor immediately concerned In it. —Third opposition. In Louisiana, when an execution is levied on property which does' not belong to the defendant, but to an outsider, the remedy^ of the owner is by an intervention called a "third opposition," in which, on his giving security, an injunction or prohibition may be granted to stop the sale. See New Orleans v. Louisiana Const. Co., 129 U. S. 45, 9 Sup. Ct. 223, 32 L. Ed. 607.— Third parties. See PABTY.— Third penny. A portion (one third) of the amount of all fines and other profits of the county court, which was reserved tor the earl, in the early days when the juris diction of those courts was extensive, the re mainder going to the king.— Third possessor. In Louisiana, a person who buys mortgaged property, but without assuming the payment of the mortgage. Thompson v. Levy, 50 La. Ann. 751, 23 South. 913. THINK. THIRD-NIGHT-AWN-HINDE. THIRD. THIRDBOROUGH, or THIRD BO ROW. An under-constable. Cowell. The third part of the corn growing on the land, due to the lord for a heriot on the death of his tenant, with in the the manor of Turfat, in Hereford. Blount. The designation, In colloquial language, of that portion of a decedent's personal estate (one-third) which goes to the widow where there is also a child or chil dren. See Yeomans v. Stevens, 2 Allen (Mass.) 350; O'Hara v. Dever, 46 Barb. (N. Y.) 614. In Scotch law. A servi tude by which lands are astricted or "thirled" to a particular mill, to which the possessors must carry the grain of the growth of the astricted lands to be ground, for the pay ment of such duties as are either expressed or implied in the constitution of the right. Ersk. Inst 2, 9, 18. THIRD IN GS. THIRDS. THIRLAGE.

persona things, and actions. Civ. Code La. art. 448. Such permanent objects, not being persons, as are sensible, or perceptible through the senses. Aust Jur. § 452. A "thing" is the object of a right; i. e., what ever is treated by the law as the object oyer which one person exercises a right, and with reference to which another person lies under a duty. Holl. Jur. 83. Things are the subjects of dominion or prop erty, as distinguished from persons. They are distributed into three kinds: (1) Things real or immovable, comprehending lands, tenements, and hereditaments; (2) things personal or mov able, comprehending goods and chattels; and (3) things mixed, partaking of the character istics of the two former, as a title-deed, a term for years. The civil law divided things into corporeal (tangi possunt) and incorporeal (tangi non possunt.) Wharton. —Things In action. A thing in action is a right to recover money or other personal prop erty by a judicial proceeding. Civ. Code Cal. i 953. See CHOSE IN ACTION.— Things per sonal. Goods, money, and all other movables, which may attend the owner's person where ever he thinks proper to go. 2 Bl. Comm. 16. Things personal consist of goods, money, and all other movables, and of such rights and profits as relate to movables. 1 Steph. Comm. 156. See People v. Holbrook. 13 Johns. (N. Y.) 90; U. S. v. Moulton, 27 Fed. Cas. 11; People v. Brooklyn, 9 Barb. (N. T.) 546.— Things real. Such things as are permanent, fixed, and immovable, which cannot be carried out of their place; as lands and tenements. 2 Bl. Comm. 16. This definition has been ob jected to as not embracing incorporeal rights. Mr. Stephen defines things real to "consist of things substantial and immovable, and of the rights and profits annexed to or issuing out of these." 1 Steph. Comm. 156. Things real are otherwise described to consist of lands, tene ments, and hereditaments. See Bates v. Spar rell, 10 Mass. 324; People T. Brooklyn, 9 Barb. (N. Y.) 546.

Things accessory are of the natnre of the principal. Finch, Law, b. 1, c. 3, n. 25.

Things are construed according to that -which was the cause thereof. Finch, Law, b. 1, c. 3, n. 4.

Things are dissolved as they be Con tracted. Finch, Law, b. 1, c. 3, n. 7.

Things grounded upon an ill and void beginning cannot have a good perfec tion. Finch, Law, b. 1, c. 3, n. 8. Things in action, entry, or re-entry cannot be granted over. Van Rensselaer v. Ball, 19 N. Y. 100, 103.

Things incident cannot be severed. Finch, Law, b. 3, c. 1, n. 12.

Things incident pass by the grant of the principal. Seymour v. Canandaigua & N. F. R. Co., 25 Barb. (N. Y.) 284, 310. Things incident shall pass by the grant of the principal, but not the principal by the grant of the incident. Co. Litt 152a, 1516; Broom, Max. 433. BL.LAW DICT.(2D ED.)—73

THIRTY-NINE ARTICLES.

See AR

TICLES OF RELIGION.