KFLCC Kingdom Law 2nd Ed.

1157

TITLE

TITHER

TITIUS. In Roman law. A proper name, frequently used in designating an indefinite or fictitious person, or a person referred to by way of illustration. "Titius" and "Seius," in this use, correspond to "John Doe" and "Richard Roe," or to "A. B." and "C. D." TITLE. The radical meaning of this word appears to be that of a mark, style, or designation; a distinctive appellation; the name by which anything is known. Thus, in the law of persons, a title is an appella tion of dignity or distinction, a name denot ing the social rank of the person bearing it; as "duke" or "count" So, in legislation, the title of a statute is the heading or pre liminary part, furnishing the name by which the act is individually known. It is usually prefixed to the statute in the form of a brief summary of its contents; as "An act for the prevention of gaming." Again, the title of a patent is the short description of the in vention, which is copied in the letters pat ent fr.om the inventor's petition; e. g., "a new and improved method of drying and preparing malt" Johns. Pat Man. 90. In the law of trade-marks, a title may become a subject of property; as one who has adopted a particular title for a newspaper, or other business enterprise, may, by long and prior user, or by compliance with statutory provisions as to, registration and notice, ac quire a right to be protected in the exclusive use of it Abbott The title of a book, or any literary compo sition, is its name; that is, the heading or caption prefixed to it, and disclosing the dis tinctive appellation by which it is to be known. This usually comprises a brief de scription of its subject-matter and the name of its author. "Title" is also used as the name of one of the subdivisions employed in many literary works, standing Intermediate between the di visions denoted by the term "books" or "parts," and those designated as "chapters" and "sections." In real property law. Title is the means whereby the owner of lands has the just possession of his property. Co. Litt 345; 2 Bl. Comm. 195. Title is the means whereby a person's right to property is established. Code Ga. 1882, §2348. Title may be defined generally to be the evi dence of right which a person has to the posses sion of property. The word "title" certainly does not merely signify the right which a per son has to the possession of property; because, there are many instances in which a person may have the right to the possession of property, and at the same time have no title to the same. In its ordinary legal acceptation, however, it gen erally seems to imply a right of possession also. It therefore appears, on the whole, to signify the outward evidence of the right, rather than the mere right itself. Thus, when it is said that the "most imperfect degree of title consists in the mere naked possession or actual occupa tion of an estate," it means that the mere cii-

TITHER.

One who gathers tithes.

TITHES. In English law. The tenth part of the increase, yearly arising and re newing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants. 2 Bl. Comm. 24. A species of Incorporeal hereditament, being an ecclesias tical inheritance collateral to the estate of the land, and due only to an ecclesiastical person by ecclesiastical law. 1 Crabb, Real Prop. § 13S. —Great tithes. In English ecclesiastical law. Tithes of com, pease and beans, hay and wood. 2 Chit. Bl. Comm. 24, note; 3 Steph. Comm. 127. —Mixed tithes. Those which arise not im mediately from the ground, but from those things which are nourished by the ground, e. g., colts, chickens, calves, milk, eggs, etc. 3 Burn, Ecc. Law, 380; 2 Bl. Comm. 24.— Minute tithes. Small tithes, such as usually belong to a vicar, as of wool, lambs, pigs, butter, cheese, herbs, seeds, eggs, honey, wax, etc— Personal tithes are tithes paid of such prof its as come by the labor of a man's person; as by buying and selling, gains of merchandise, and handicrafts, etc. Tomlins.— Predial tithes. Such as arise immediately from the ground; as, grain of all sorts, hay, wood, fruits, and herbs.— Tithe-free. Exempted from the pay ment of tithes.— Tithe rent-charge. A rent charge established in lieu of tithes, under the tithes commutation act, 1836, (St 6 & 7 Wm. IV. c. 71.) As between landlord and tenant, the tenant paying the tithe rent-charge is enti tled, in the absence of express agreement, to de duct it from his rent, under section 70 of the above act And a tithe rent-charge unpaid is recoverable by distress as rent in arrear. Moz ley & Whitley. TITHING. One of the civil divisions of England, being a portion of that greater di vision called a "hundred." It was so called because ten freeholders with their families composed one. It is said that they were all knit together in one society, and bound to the king for the peaceable behavior of each other. In each of these societies there was one chief or principal person, who, from his office, was called "teothing-man," now "tith ing-man." Brown. This was the name of the head or chief of a decennary. In modern English law, he is the same as an under-constable or peace-of ficer. In modern law. A constable. "After the Introduction of justices of the peace, the offices of constable and tithing-man became so similar that we now regard them as pre cisely the same." Willc. Const. Introd. In New England. A parish officer an nually elected to preserve good order in the church during divine service, and to make complaint of any disorderly conduct. Web ster. In Saxon and old English law. Money paid to the sheriff by the several tithlngs of his county. Cowell. TITHING-MAN. In Saxon law. TITHING-PENNY.