KFLCC Kingdom Law 2nd Ed.

1179

TURPIS

TWA NIGHT GEST

bars, for the purpose of taking toll, and of re fusing the permission to pass along them to all persons who refuse to pay. Northam 'Bridge Co. v. London Ry. Co., 6 Mees. & W. 428. A turn pike road is a public highway, established by public authority for public use, and is to be re garded as a public easement, and not as pri vate property. The only difference between this and a common highway is that, instead of be ing made at the public expense in the first in stance, it is authorized and laid out by public authority, and made at the expense of individ uals in the first instance; and the cost of con struction and maintenance is reimbursed by a toll, levied by public authority for the purpose. Com. v. Wilkinson, 16 Pick. (Mass.) 175, 26 Am. Dec. 654. Lat. In the civil law. Base; mean; vile; disgraceful; infamous; unlaw ful. Applied both to things and persons. Calvin. — Turpis causa. A base cause; a vile or im moral consideration ; a consideration which, on account of its immorality, is not allowed by law to be sufficient either to support a contract or found an action; e. g., future illicit intercourse. —Turpis contractus. An immoral or iniqui tous contract TURPIS. Turpis est pars quae non contrenit cum suo toto. The part which does not agree with its whole is of mean account, [entitled to small or no consideration.] Plowd. 101; Shep. Touch. 87. Everything done contrary to justice, honesty, modesty, or good morals is said to be done with turpitude. TURPITUDE. Tuta est custodia quse sibimet cre ditor. Hob. 340. That guardianship is se cure which is intrusted to itself alone. In the civil law. Tu telage; that species of guardianship which continued to the age of puberty; the guard ian being called "tutor," and the ward, "ptt pillus." 1 Dom. Civil Law, b. 2, tit. 1, p. 260. — Tutela legitima. Legal tutelage; tutelage created by act of law, as where none had been created by testament. Inst. 1, 15, pr.— Tutela testamentaria. Testamentary tutelage or guardianship; that kind of tutelage which was created by will. Calvin. TUTELJB ACTIO. Lat. In the civil law. An action of tutelage; an action which lay for a ward or pupil, on the termination of tutelage, against the tutor or guardian, to compel an account Calvin. TUTELA. La t TURPITUDO. Lat Baseness; infamy; immorality; turpitude.

TUTEUR.

In French law. A kind of

guardian. — Tuteur officieux.

A person over fifty years of age may be appointed a tutor of this sort to a child over fifteen years of age, with the_ consent of the parents of such child, or, in their default, the conseil de famiUe. The duties which such a tutor becomes subject to are analo gous to those in English law of a person who puts himself in loco •parentis to any one. Brown.— Tuteur subroge. The title of a sec ond guardian appointed for an infant under guardianship. His functions are exercised in case the interests of the infant and his prin cipal guardian conflict Code Nap. 420; Brown. 3 Inst. 220. It is safer to err on the gentler side. Tutius semper est errare acquietando, quam in puniendo, ex parte misericor dise quam ex parte justitiae. It is always safer to err in acquitting than punishing, on the side of mercy than on the side of justice. Branch, Princ.; 2 Hale, P. C. 290; Broom, Max. 326; Com. v. York, 9 Mete. (Mass.) 116, 43 Am. Dec. 373. TUTOR. In the civil law. This term corresponds nearly to "guardian," (i. e., a person appointed to have the care of tne person of a minor and the administration of his estate,) except that the guardian of a minor who has passed a certain age is called "curator," and has powers and duties differing somewhat from those of a tutor. By the laws of Louisiana, minors under the age of fourteen years, if males, and un der the age of twelve years, if females, are, both as to their persons and their estates, placed under the authority of a tutor. Above that age, and until their majority or eman cipation, they are placed under the author ity of a curator. Civ. Code La. 1838, art 263. —Tutor alieuus. In English law. The name given to a stranger who enters upon the lands of an infant within the age of fourteen, and takes the profits. Co. Litt. 896, 90a.— Tutor proprius. The name given to one who js rightly a guardian in socage, in contradistinction to a tutor alienus. a tutor. —Tutorship by nature. After the dissolu tion of marriage by the death of either husband or wife, the tutorship of minor children belongs of right to the surviving mother or father. This is what is called "tutorship by nature." Civ. Code La. art. 250.— Tutorship by will. The" right of appointing a tutor, whether a relation or a stranger, belongs exclusively to the father or mother dying last. This is call ed "tutorship by will," because generally it is given by testament; but it may likewise be given by any declaration by the surviving father or mother, executed before a notary and two witnesses. Civ. Code La. art. 257. Tutius erratur ex parte mitiore. TUTORSHIP. The office and power of

TUTELAGE.

Guardianship; state of be

ing under a guardian.

TUTELAM REDDERE. In the civil law. To render an account of tutelage. Calvin. Tutelam reposcere, to demand an account of tutelage. Lat.

TUTRIX.

A female tutor.

TWA NIGHT GEST. In Saxon law. A guest on the second night By the laws of