KFLCC Kingdom Law 2nd Ed.

1178

TURNPIKE

TRUSTEE

der a will ; one appointed to carry out a trust created by a will. The term does not ordinarily include an executor or an administrator with the will annexed, or a guardian, though all of these are in a sense trustees, except when they act in the execution of a trust created by the will and which is separable from their functions as executors, etc. See In re Haz ard, 51 Hun, 201, 4 N. Y. Supp. 701; In re Valentine's Estate, 1 Misc. Rep. 491, 23 N. Y. Supp. 289; In re Hawley, 104 N. Y. 250, 10 N. E. 352.— Trustee acts. The statutes 13 & 14 Vict c. 60, passed in 1850, and 15 & 16 Vict. c. 55, passed in 1852, enabling the court of chancery, without bill filed, to appoint new trustees in lieu of any who, on account of death, lunacy, absence, or otherwise, are unable or unwilling to act as such; and also to make vesting orders by which legal estates and rights may be transferred from the old trustee or trustees to the new trustee or trustees so appointed. Mozley & Whitley— Trustee ex maleficio. A person who, being guilty of wrongful or fraudulent conduct, is held by equity to the duty and liability of a trustee, in relation to the subject-matter, to prevent him from profiting by his own wrong.— Trustee in bankruptcy. A trustee in bankruptcy is a person in whom the property of a bankrupt is vested in trust for the creditors.— Trustee pro cess. The name given, in the New England states, to the process of garnishment or for eign attachment.— Trustee relief acts. The statute 30 & 11 Vict. c. 96, passed in 1847, and statute 12 & 13 Vict. c. 74, passed in 1849, by which a trustee is enabled to pay money into court, in cases where a difficulty arises respect ing the title to the trust fund. Mozley & Whit ley. TRUSTOR. A word occasionally, though rarely, used as a designation of the creator, donor, or founder of a trust. To examine judicially; to examine and investigate a controversy, by the legal method called "trial," for the purpose of de termining the issues it involves. TUAS RES TIBI HABETO. Lat Have or take your things to yourself. The form of words by which, according to the old Ro man law, a man divorced his wife. Calvin. In mercantile law. A measure con taining sixty pounds of tea, and from fifty six to eighty-six pounds of camphor. Jacob. In English law. A barrister who has a preaudience in the exchequer, and also one who has a particular place in court, is so called. Brown. Objections or exceptions to witnesses. White, New Re cop, b. 3, tit. 7, c 10. TRY. TUB. TUB-MAN. TUCHAS. In Spanish law. TRUSTER. In Scotch law. The maker or creator of a trust. TRUSTIS. In old European law. Trust; faith; confidence; fidelity.

TUG.

A steam vessel built for towing;

synonymous with "tow-boat."

TULLIANUM. In Roman law. That part of a prison which was under ground. Supposed to be so called from Servius Tullius, who built that part of the first prison in Rome. Adams, Rom. Ant 290. A castigatory, trebucket, or ducking-stool, anciently used as a punish ment for common scolds. Un der St 13 Car. II. St. 1, c. 5, this was a misdemeanor, and consisted in more than twenty persons signing any petition to the crown or either house of parliament for the alteration of matters established by law in church or state, unless tlje contents thereof had been approved by three justices, or the majority of the. grand jury at assizes or quarter sessions. No petition could be de livered by more than ten persons. 4 Bl. Comm. 147; Mozley & Whitley. Lat. TUMBREL. TUMULTUOUS PETITIONING. TURBA. Lat In the civil law. A mul titude; a crowd or mob; a tumultuous as sembly of persons. Said to consist of ten or fifteen, at the least. Calvin. Turbary, or common of tur bary, is the right or liberty of digging turf upon another man's ground. Brown. TURN, or TOURN. The great court-leet of the county, as the old county court was the court-baron. Of this the sheriff is judge, and the court is incident to his office; where fore it is called the "sheriff's tourn;" and it had its name originally from the sheriff making a turn of circuit about his shire, and holding this court in each respective hun dred. Wharton. TURNED TO A RIGHT. This phrase means that a person whose estate is divested by usurpation cannot expel the possessor by mere entry, but must have recourse to an action, either possessory or droitural. Moz ley & Whitley. TURNKEY. A person, under the super intendence of a jailer, who has the charge of the keys of the prison, for the purpose of opening and fastening the doors. TURNPIKE. A gate set across a road, to stop travelers and carriages until toll is paid for the privilege of passage thereon. — Turnpike roads. These are roads on which parties have by law a right to erect gates and TURBARY. TUN. A measure of wine or oil, con taining four hogsheads. TUNGREVE. A town-reeve or bailiff. Cowell.

TUERTO.

Tort.

In Spanish law.

Las

Partidas, pt 7, tit 6, L 5.