KFLCC Kingdom Law 2nd Ed.

1167

TRANSIENT

TRANSCRIPT

TRANSFERENCE. In Scotch law. The proceeding to be taken upon the death of one of the parties to a pending suit, whereby the action is transferred or continued, in its then condition, from the decedent to his rep resentatives. Transference is either active or passive; the former, when it is the pur suer (plaintiff) who dies; the latter, upon the death of the defender. Ersk. Inst 4, 1, 60. The transferring of a legacy from the per son to whom it was originally given to an other; this is a species of ademption, but the latter is the more general term, and in cludes cases not covered by the former. TRANSFERROR. One who makes a transfer. Transferuntur dominia sine titnlo et traditione, per usucaptionem, soil, per longam continuant et pacificant posses sionem. Co. Litt. 113. Rights of dominion are transferred without title or delivery, by usucaption, to-wit, long and quiet possession. Lat. fn old Eng lish law. A crossing of the strait, [of Dover;] a passing or sailing over from England to France. The royal passages or voyages to Gascony, Brittany, and other parts of France were so called, and time was sometimes com puted from them. TRANSGRESSIO. In old English law. A violation of law. Also trespass; the ac tion of trespass. Transgressio est cum modus non serva tur nee mensura, debit enim quilibet in suo facto modum habere et mensuram. Co. Litt. 37. Transgression is when neither mode nor measure is preserved, for every one in his act ought to have a mode and measure. TRANSGRESSIONE. In old English law. A writ or action of trespass. Transgressione multiplicata, crescat posnse inflictio. When transgression is mul tiplied, let the infliction of punishment be Increased. 2 Inst. 479. TRANSGRESSIVE TRUST. See TBUST. TRANSHIPMENT. In maritime law. The act of taking the cargo out of one ship and loading it in another. TRANSIENT. In poor-laws. A "tran sient person" is not exactly a person on a journey from one known place to another, but rather a wanderer ever on the tramp. Middlebury v. Waltham, 6 Vt 203; London derry v. Landgrove, 66 Vt 264, 29 Atl. 256. In Spanish law. A "transient foreigner" is one who visits the country, without the TRANSFRETATIO.

TRANSCRIPT. An official copy of cer tain proceedings in a court. Thus, any per son interested in a judgment or other rec ord of a court can obtain a transcript of it. U. S. v. Gaussen, 19 Wall. 212, 22 L. Ed. 41 ; State v. Board of Equalization, 7 Nev. 95; Hastings School Dist. v. Caldwell, 16 Neb. 68, 19 N. W. 634; Dearborn v. Patton, 4 Or. 61. TRANSCRIPTIO PEDIS FINIS M2 VATI MITTENDO IN CANCELLARIUM. A writ which certified the foot of .a fine levied before Justices in eyre, etc., into the chancery. Reg. Orig. 669. TRANSCRIPTIO RECOGNITIONS TACTJE CORAM JUSTICIARIIS ITIN ERANTIBUS, Etc. An old writ to certify a cognizance taken by justices in eyre. Reg. Orig. 152. TRANSFER, v. To carry or pass over; to pass a thing over to another; to convey. TRANSFER, n. The passing of a thing or of property from one person to another; alienation; conveyance. 2 Bl. Comm. 294. Transfer is an act of the parties, or of the law, by which the title to property is con veyed from one living person to another. Civ. Code Oal. S 1039. And see Pearre v. Hawkins, 62 Tex. 437; Innerarity v. Mims, 1 Ala. 669; Sands v. Hill, 55 N. Y. 18; Pi rie v. Chicago Title & Trust Co., 182 U. S. 438, 21 Sup. Ct. 906, 45 L. Ed. 1171. In procedure, "transfer" is applied to an action or other proceeding, when it is taken from the jurisdiction of one court or judge, and placed under that of another. —Transfer of a cause. The removal of a cause from the jurisdiction of one court or judge to another by lawful authority.— Transfer tax. A tax upon transfers of property by will or inheritance; a tax upon the passing of the title to property or a valuable interest therein out of or from the estate of a decedent, by in heritance, devise, or bequest. See In re Hoff man's Estate, 143 N. Y. 327, 38 N. E. 311; In re Gould's Estate, 156 N. Y. 423, 51 N. E. 287; In re Brez's Estate, 172 N. Y. 609, 64 N. E. 958. Sometimes also applied to a tax on the transfer of property, particularly of an incor poreal nature, such as bonds or shares of stock, between living persons. TRANSFERABLE. A term used in a quasi legal sense, to indicate that the char acter of assignability or negotiability at taches to the particular instrument, or that it may pass from hand to hand, carrying all rights of the original holder. The words "not transferable" are sometimes printed up on a ticket, receipt, or bill of lading, to show that the same will not be good in the hands of any person other than the one to whom first issued. TRANSFEREE. He to whom a trans fer is made.