KFLCC Kingdom Law 2nd Ed.

1166

TRANSACTION

TRADITIO

TRAISTIS. In old Scotch law. A roll containing the particular dittay taken up up on malefactors, which, with the porteous, is delivered by the justice clerk to the coroner, to the effect that the persons whose names are contained in the porteous may be at tached, conform to the dittay contained in the traistis. So called, because committed to the traist, [trust,] faith, and credit of the clerks and coroner. Skene; BurrilL TRAITOR. One who, being trusted, be trays ; one guilty of treason. TRAITOROUSLY. In criminal pleading. An essential word in indictments for treason. The offense must be laid to have been com mitted traitorously. Whart. Crim. Law, 100. TRAJECTITIUS. Lat In the civil law. Sent across the sea. TRAM-WATS. Rails for conveyance of traffic along a road not owned, as a railway is, by those who lay down the rails and con vey the traffic. Wharton. TRAMP. A strolling beggar; a vagrant or vagabond. See State v. Hogan, 63 Ohio St. 202, 58 N. E. 572, 52 L. R. A. 863, 81 Am. St Rep. 626; Miller v. State, 73 Ind. 92; Railway Co. v. Boyle, 115 Ga. 836, 42 S. E. 242, 59 L. R. A. 104. TRANSACT. In Scotch law. To com pound. Amb. 185. TRANSACTIO. Lat. In the civil law. The settlement of a suit or matter in con troversy, by the litigating parties, between themselves, without referring it to arbitra tion. Hallifax, Civil Law, b. 3, c. 8, no. 14. An agreement by which a suit, either pend ing or about to be commenced, was forborne or discontinued on certain terms. Calvin. TRANSACTION. In the civil law. A transaction or compromise is an agreement between two or more persons, who, for pre venting or putting an end to a lawsuit, ad just their differences by mutual consent in the manner which they agree on, and which every one of them prefers to the hope of gaining, balanced by the danger of losing. This contract must be reduced into writing. Civ. Code La. art. 3071. In common law. Whatever may be done by one person which affects another's rights, and out of which a cause of action may arise. Scarborough v. Smith, 18 Kan. 406. "Transaction" is a broader term than "con tract." A contract is a transaction, but a transaction is not necessarily a contract. See Ter Kuile v. Marsland, 81 Hun, 420, 31 N. T. Supp. 5; Xenia Branch Bank v. Lee, 7 Abb. Prac. (N. Y.) 372; Roberts v. Donovan, 70 Cal. 113, 11 Pac. 599.

the transferor places the article in the hands of the transferee, or, on his order, delivers it at his house. Mackeld. Rom. Law, § 284.— Traditio rei. Delivery of the thing. See 5 Maule & S. 82. Traditio loqui facit chartam. Delivery makes a deed speak. 5 Coke, la. Delivery gives effect to the words of a deed. Id. Traditio nihil amplins transferre de bet vel potest, ad enm qui accipit, qnam est apnd enm qni tradit. Delivery ought to, and can, transfer nothing more to him who receives than is with him who delivers. Dig. 41, 1, 20, pr. TRADITION. Delivery. A close trans lation or formation from the Latin "tradi tio." 2 Bl. Comm. 307. Tbe tradition or delivery is the transfer ring of the thing sold into the power and pos session of the buyer. Civ. Code La. art. 2477. In the rule respecting the admission of tra dition or general reputation to prove bound aries, questions of pedigree, etc., this word means knowledge or belief derived from the statements or declarations of contemporary witnesses and handed down orally through a considerable period of time. See Westfelt v. Adams, 131 N. C. 379, 42 S. B. 823; In re Hurlburt's Estate, 68 Vt. 366, 35 Atl. 77, 35 L. B. A. 794. In old English law. A traitor; one guilty of high treason. Fleta, lib. 1, c. 21, § 8. TRADITUR IN BALLIUM. In old prac tice. Is delivered to bail. Emphatic words of tie old Latin bail-piece. 1 Salk. 105. Commerce; trade; dealings in merchandise, bills, money, and the like. See In re Insurance Co. (D. C.) 96 Fed. 757; Levine v. State, 35 Tex. Cr. R. 647, 34 S. W. 969; People v. Hamilton, 17 Misc. Rep. 11, 39 N. Y. Supp. 531; Merriam v. Langdon, 10 Conn. 471. TRAHENS. Lat. In French law. The drawer of a bill. Story, Bills, § 12, note. Justices of trail-bas ton were justices appointed by King Edward I., during his absence in the Scotch and French wars, about the year 1305. They were so styled, says Hollingshed, for trailing or drawing the staff of justice. Their office was to make inquisition, throughout the king dom, of all officers and others, touching extortion, bribery, and such like grievances, of intruders into other men's lands, barrators, robbers, breakers of the peace, and divers other offenders. Cowell; Tomlins. TRAINBANDS. The militia; the part of a community trained to martial exercises. TRADITOR. TRAFFIC. TRAIL-BASTON.