KFLCC Kingdom Law 2nd Ed.

1173

TRINITY MASTERS

TRIAL

where issue is taken upon a plea of nul tiel record^ in which case the party asserting the existence of a record as pleaded is bound to produce it in court on a day assigned. If the record is forthcoming, the issue is tried by in spection and examination of it. If the record is not produced, judgment is given for his ad versary. 3 Bl. Comm. 330.— Trial by wager of battel. This was a species of trial intro duced into England, among other Norman cus toms, by William the Conqueror, in which the person accused fought with his accuser, under the apprehension that Heaven would give the victory to him who was in the right. 3 Bl. Comm. 337-341.— Trial by wager of law. In old English law. A method of trial, where the defendant, coming into court, made oath that he did not owe the claim demanded of him, and eleven of his neighbors, as compurgators, swore that they believed him to speak the truth. 3 Bl. Comm. 343. See WAGER OF LAW.— Trial by witnesses. The name "trial per testes" has been used for a trial without the interven tion of a jury, is the only method of trial known to the civil law, and is adopted by deposition* in chancery. The judge is thus left to form, in his own breast, his sentence upon the credit of the witnesses examined. But it is very rare ly used at common law. Tomlins.— Trial de novo. A new trial or retrial had in an appel late court in which the whole case is gone into as if no trial whatever had been had in the court below. See Karcher v. Green, 8 Housfc (Del.) 163, 32 Atl. 225; Ex parte Morales (Tex. Cr. Apn.) 53 S. W. 108; Shultz v. Lempert, 55 Tex. 277.— Trial jury. The jury participat ing in the trial of a given case ) or a jury sum moned and impaneled for the trial of a case, and in this sense a petit jury as distinguished from a grand jury— Trial list. A list of cases marked down for trial for any one term.— Trial with assessors. Admiralty actions involving nautical questions, e. a., actions of collision, are generally tried in England before a judge, with Trinity Masters sitting as assessors. Rose. Adm. 179. Triatio ibi semper debet fieri, ubi juratores meliorem possunt habere no titiam. Trial ought always to be had where the jurors can have the best informa tion. 7 Coke, 1. TRIBUNAL The seat of a judge; the place where he administers justice; a ju dicial court; the bench of judges. See Fos ter v. Worcester, 16 Pick.

TRIBUTE. A contribution which is rais ed by a prince or sovereign from his sub jects to sustain the expenses of the state. A sum of money paid by an inferior sover eign or state to a superior potentate, to se cure the friendship or protection of the lat ter. Brande. An ancient custom in a borough in the county of Hereford, so call ed because thirty burgesses paid Id. rent for their houses to the bishop, who was lord of the manor. Wharton. TRICESIMA. TRIDUUM. The space of three days. Fleta, lib. 1, c. 31, § 7. In old English law. TRIENNIAL ACT. An English statute limiting the duration of every parliament to three years, unless sooner dissolved. It was passed by the long parliament in 1640, and afterwards repealed, and the term was fixed at seven years by the septennial act, (St. 1 Geo. I. St 2, c 38.) uncice; the proportion of four-twelfths or one-third. 2 Bl. Comm. 462, note m. A copper coin of the value of one-third of the as. Brande. In feudal law. Dower or third. 2 Bl. Comm. 129. In old English law. One who has been thrice married; one who, at different times and successively, has had three wives; a trigamist 3 Inst 88. In Saxon law. A triple gild, geld, or payment; three times the value of a thing, paid as a composition or satisfac tion. Spelman. TRIENS. Lat. In Roman law. A sub division of the as, containing four TRIGAMUS. TRIGELD. or great-granddaughter's great-granddaughter. A female descendant in the sixth degree. Inst. 3, 6, 4. In English law. A society at Deptford Strond, incorporated by Hen. VIII. in 1515, for the promotion of commerce and navigation by licensing and regulating pilots, and ordering and erecting beacons, light-houses, buoys, etc. Wharton. TRINITY MASTERS are elder breth ren of the Trinity House. If a question aris ing in an admiralty action depends upon technical skill and experience in navigation, TRINITY HOUSE. TRINEPOS. Lat. In the civil law. A great-grandson's or great-granddaughter's great-grandson. A male descendant in the sixth degree. Inst. 3, 6, 4. TRINEPTIS. great-grandson's Lat. In the civil law. A TRIDING-MOTE. The court held for a triding or trithing. Cowell.