Gambar halaman
PDF
ePub

TERMS

6923

TERMINAL POINT

fect—that is, by its terms-contains the , within 30 days thereafter was considered as avowed condition, stipulation, or contract. cash. Wellauer v. Fellows, 4 N. W. 114, 116, l'he precise character in which the word 48 Wis. 105. "terms" is used is in general of little consequence; for, when the instrument is pro

"Terins cash," as used in a bill of goods duced, as is generally done, the court deter- purchased, in which the words stand by mines the meaning of its covenants, condi-themselves, mean prima facie that the sale

is for cash, but may be shown to have tions, or agreement as matter of law.

been used in a different meaning by the parWalsh v. Mehrback (N. Y.) 5 Hun, 448, 449.

ties, in accordance with a usage by which The word “terms,” in the restricted and the word had a different meaning, as only legal sense, and as used generally in refer- requiring a cash payment after the expiraence to contracts, means the conditions, lim- tion of a given time. George v. Joy, 19 N. itations, and propositions which comprise H. 544, 546. and govern the acts which the contracting

By the use of the expression “terms parties agree expressly or impliedly to do or cash," all idea of credit is excluded, and a not to do. As employed in respect to leases, contract for the sale of goods, “terms cash the word “terms" embraces the covenants less 14 per cent.,” is an agreement for a and conditions which impose, confer, and cash sale at a specified price, and not an limit the respective obligations and rights of agreement for a credit sale subject to a disa landlord and tenant during the continuancy count for cash. Samuel M. Lawder & Sons of the tenancy. Hurd v. Whitsett, 4 Colo. Co. V. Albert Mackie Grocer Co., 54 Atl. 634, 77, 84.

635, 97 Md. 1.

“Terms cash,” in a contract, do not make TERMS AND CONDITIONS.

payment on delivery a condition precedent. The phrase "terms and conditions," as Nelson v. Patrick, 2 Car. & K. 641, 642. used in the Nebraska statute providing generally wbat a receiver of a bank .shall do, TERMS MOST ADVANTAGEOUS TO and, among other things, "sell all real and THE PUBLIC. personal property belonging to the bank on such terms and conditions as the court or

“Terms most advantageous to the pubjudge shall direct,” is perhaps ambiguous. lic,” as used in Code Civ. Proc. $ 211, proIf it means the time when and the manner viding that the Secretary of State, the Compof advertising, and the manner of making troller, and State Reporter, as a contracting the sale, then an order by the court providing sider proposals for the publication of the

board, shall advertise for, receive, and conesplicitly for all such matters is sufficient. If the phrase merely means the terms to the Reports for the Court of Appeals, and to purchasers, then an order providing a sale make a contract on terms most advantageous for cash, by deposit of a certain percentage to the public, does not mean that the conwith the bid and payment of the remainder tract should be made with the lowest bidon confirmation, is sufficient. State v. Faw. der, but implies that regard should be had to cett, 78 N. W. 636, 637, 58 Neb. 371.

the proper execution of the work. People v.

Carr, 23 N. Y. Supp. 112, 113, 5 Silvernail, "Terms and conditions," as used in a 302. fire policy forbidding the waiver or modification of any of the terms or conditions of this

TERMS OF SALE. policy, means "those conditions and provisions of thie policy which enter into and The phrase "terms of sale,” in a statute form a part of the contract of insurance, and authorizing the board of commissioners to are essential to make it binding contract sell county property, but requiring the giving between the parties, and which are properly of notice thereof, stating the terms of sale, designated 'conditions,' and has no reference means the essential ingredients of the conto those stipulations which are to be per-tract or transaction, and a notice which formed after a loss has occurred, such as

does not name a price or state what securigiving notice and furnishing proofs of loss.” |ty will be accepted for deferred payments is Rokes v. Amazon Ins. Co. of Cincinnati, 51 not sufficient, and a sale made on such notice Md. 512, 519, 34 Am. Rep. 323.

is void. Platter v. Elkhart County, 2 N. E.

544, 555, 103 Ind. 360. TERMS CASH

TERMINAL POINT. The words "terms cash," in a bill for goods, the bill not being receipted, sent from A terminal point of an interstate shipa wholesale to a retail dealer, cannot be held ment is the place of consignment, or the to imply that the goods were paid for be point at which the carriage of one common fore they were shipped; there being evidence carrier ends and that of another begins. that it was the custom with reference to Great Northern R. Co. v. Welsh (U. S.) 47 such bills that a payment on delivery or Fed. 406, 409.

8 WDS. & P.-9

TERMINALS

6924

TERRE-TENANT

TERMINALS.

of the word "terminated," as used in an

agreement to pay an attorney for services A fuse, as used in an electric car, con- when two suits pending against the party sists of a piece of metallic alloy similar in were terminated. Hubbard v. Woodbury, 89 nature to soft solder, one or more inches in Mass. (7 Allen) 422, 424 length, connected at each end with a small circular piece of copper. These pieces of

Voyage. copper are called the “terminals," and they

The “termination of a voyage" is underare so cut that they can be easily slipped stood to be when the vessel arrives at her under the thumbscrews and clamped in place. port of destination and has been moored The fuse and thumbscrews are held in what there in safety for 24 hours. Gracie is called the "fuse box." Cassady v. Old Marine Ins. Co. of Baltimore, 12 U. S. (8 Colony St. Ry. Co., 68 N. E. 10, 184 Mass. Cranch) 75, 82, 3 L. Ed. 492. 156, 63 L. R. A. 285.

A final port of discharge or “termina

tion of the voyage" of a vessel is a port TERMINATE-TERMINATION.

where either cargo or ballast are discharged,

or some other act done which in effect terEmployment.

minates the voyage. Schermacher . Yates Two persons entered into a contract (U. S.) 57 Fed. 668, 669. whereby one was to enter into the service of the other as collector and salesman, and he was to deposit $100 with his employer

TERMINATING SOCIETY. to secure the honest and faithful perform The simplest form of a building and ance of his duty as collector, salesman, and loan association was one in which all the otherwise; this sum to be returned to him stock matured at the same time, and was within 60 days after the termination of his known as a “terminating society." The face employment. Held, that “termination of his value was paid to the members, and the oremployment,” as here used, was intended to ganization thereupon came to an end. Cook mean final termination of his employment, v. Equitable Building & Loan Ass'n, 30 S. E. and a mere change from one branch of his 911, 914, 104 Ga. 814. employer's service to another would not constitute a "termination of his employment." Edelsohn v. Singer Mfg. Co., 20 N. Y. Supp. TERMINUS. 655, 1 Misc. Rep. 166.

See “Final Terminus." Lease.

The ending of a lease, by the exercise TERMINUS A QUO. of a landlord's option after condition broken, is the "termination of a lease," not the ex- from which the grantee of a private right

“Terminus a quo" is the point or place piration of it. Kramer v. Amberg, 4 N. Y. of way is to set out any order to use the Supp. 613, 15 Daly, 205.

way. Garrison v. Rudd, 19 Ill. 558, 563. The term "expire and terminate,” as used in a lease providing that it should ex- TERMINUS AD QUEM. pire and terminate for nonpayment of rent, is merely equivalent to the expression “shall “Terminus ad quem" is the place where become void." Bowman v. Foot, 29 Conn. a private right of way ends. Garrison F. 331, 338.

Rudd, 19 Ill. 558, 563.

Prosecution or suit.

TERRE-TENANT. The suspension of sentence indefinitely by the court on conviction of misdemeanor, Not everyone who happens to be in and the allowing of defendant to be dischar- possession of land is a "terre-tenant." There ged from his recognizance and to go without can be no terre-tenant who is not a purday, constitute a termination of the prose- chaser of the estate, mediately or immedicution, within Act 1887 (P. L. 138), which ately, from the debtor while it was bound by provides that the costs of prosecution in the judgment; and, when he has taken title every case of misdemeanor shall, on the thus bound, he must in ejectment show how termination of the prosecution by verdict of the lien of it has been discharged, whether a traverse jury and sentence of the court, be by payment, release, or efflux of time. Deng. immediately chargeable to and paid by the ler v. Kiehner, 13 Pa. (1 Harris) 38, 41, 53 proper county. Wright v. Donaldson, 27 Atl. Am. Dec, 441. 867, 868, 158 Pa. 88.

A terre-tenant, in a general sense, is The entry of judgment in one party's one who is seised of the actual possession of favor, without costs, he consenting, is a lands, as the owner thereof. In a scire termination of the suits within the meaning facias sur mortgage or judgment, a terre

TERRE-TENANT

6925

TERRITORY

tenant is in a more restricted sense one other, risdiction on either side of the said lines as than the holder who becomes seised or pos- hereby established are accordingly confirmsessed of the holder's lands subject to the ed to the said city and town, respectively, lien thereof. Those only are terre-tenants, the term "territory” was properly used, and therefore, in a technical sense, whose titles it fixed the civil and political rights of those are subsequent to the incumbrance. Hulett who might build and become inhabitants on v. Mutual Life Ins. Co., 6 Atl. 554, 555, 113 the one or other side of the line, but had no Pa. 142, 18 Wkly. Notes Cas. 374, 375 (citing bearing on the question of property. ComChahoon v. Hollenback (Pa.] 16 Serg. & R monwealth v. City of Roxbury, 75 Mass. (9 425, 16 Am. Dec. 587).

Gray) 451, 501. Where a husband deeded land to his The term "territory,” as used in Comp. wife, and subsequently, but prior to the re- St. Dak. $ 1115, which provides that on a cording of the deed, mortgaged it to a third petition signed by not less than three-fourths person, and after the mortgage the land was of the legal voters and by the owners of not deeded to a child of the husband and wife, less than three-fourths of the property in in which conveyance both joined, such child any territory within any incorporated city, may be named as a terre-tenant in a scire and being on the border and within the limfacias to foreclose the mortgage. Hulett its thereof, the city council may disconnect v. Mutual Life Ins. Co., 6 Atl. 554, 555, 114 and exclude such territory from the city, Pa. 142.

includes all the various pieces or parcels of

land sought to be excluded; and it is sufTERRIBLE.

ficient that the territory described lies upon

the border of such city, and that any piece The word "terrible,” in its ordinary sig- or parcel of land is within that territory. nification, means "frightful, adapted to ex. It is not necessary, therefore, that each cite terror, or dreadful." Denver & R. G. R. particular tract or parcel of land sought to Co. v. Roller, 100 Fed. 738, 754, 41 a a A. be excluded is upon the border of the city, 22, 49 L R. A. 77.

provided it is a part of the territory sought to be excluded. Oehler V. Big Stone City

(S. D.) 91 N. W. 450, 451. TERRITORIAL JURISDICTION.

The words "territory of a state," in a reThe tract of land or district within solve of January 24, 1839, authorizing and which a judge or magistrate has jurisdic- requiring a land agent to prevent trespasstion is called his “territory," and his power ing on the territory of the state as bounded in relation to his territory is called his “ter- and established by the treaty of 1783, means ritorial jurisdiction.” Every act of jurisdic- the territory that is comprised within the tion exercised by a judge outside of his ter- limits of the state; and the resolve is equally ritory, either by pronouncing sentence or car- applicable to such as may commit trespass rying it into execution, is null. Phillips on the lands of private persons and to such v. Thralls, 26 Kan. 780, 781.

as trespass upon the public lands of the state. Plummer V. Jarvis, 23 Me. (10 Shep.)

297, 301. TERRITORIAL PRISON. “Territorial prison," used in the

As jurisdiction, Penal Code, includes territorial prisons; The tract of land or district within also any other prison, in any other terri- which a judge or magistrate has jurisdiction tory or state, in which this territory has the is called his “territory.” Phillips v. Thralls, right, by contract or otherwise, to incar- 26 Kan. 780, 781. cerate persons convicted of crime in this territory; also county jails and every place describes a jurisdiction and district of a

“The word 'territory,' as generally used, designated by law for the keeping of persons country. Thus we speak of the territories held in custody under process of law or un. of the United States, of the Northwest Terder any lawful arrest. Rev. St. Okl 1903, 8 ritory, and the territory of Alaska, etc. The 2068.

word refers to the jurisdiction. It is not

limited, when speaking of any particular disTERRITORY.

trict as territory, to the line of high-water

mark along the shores of navigable rivers or See "Foreign Territory."

bays or straits. The territory of a jurisdicLike territory, see "Like."

tion of our country extends to its bounda

ries. It describes the possessions of a counThe word "territory” is used as synony- try." The Danube (U. S.) 55 Fed. 993, 995. mous with "country" and "domain,” and lexicographers so define it. Plummer V. Jar As locality. Vis, 23 Me, (10 Shep.) 297, 301.

“Territory," as used in Rev. St. U. S. $ In an act settling the boundaries be- 5134 (U. S. Comp. St. 1901, p. 3454), requirtween towns, providing the territory and ju- ing national banking associations in their

as

TERRITORY

6926

TERRITORY

on.

certificates to name the place where their territory or other property belonging to the operations of discount and deposit are to be United States." Ex parte Morgan (U. S.) carried on, designating the state, territory, 20 Fed. 298, 304. or district, means simply the place, the lo

“Territories" are cality, in which the business is to be carried visions of the outlying dominion of the Uni

but political suhdi. Silver Bow County Com’rs v. Davis, 12

ted States. Their relation to the general govPac. 688, 690, 6 Mont. 306.

ernment is much the same as that which

counties bear to the respective states, and Conquered or ceded territory.

Congress may legislate for them as a state The clause in the Constitution of the does for the municipal organizations. ConUnited States authorizing Congress to make gress may not only abrogate laws of the terall needful rules and regulations for the gov- ritorial Legislatures, but may legislate diernment of its territory and other property rectly for the local government. It may applies only to territory within the chartered make a void act of the territorial Legislalimits of some one of the states when they ture valid, and a valid act void. Per Wait, were colonies of Great Britain, and which C. J., in First Nat. Bank of Brunswick v. was surrendered by the British government Yankton County, 101 U. S. 129, 133, 25 L to the old confederation of the states in the Ed. 1046. treaty of peace. It does not apply to territory acquired by the present federal govern

The term “territories" is frequently used inent by treaty or conquest from a foreign as not including all of the territorial possesnation. Dred Scott v. Sandford, 60 U. S. (19 sions of the United States, but only the porHow.) 393, 395, 15 L. Ed. 691.

tions thereof organized and exercising governmental functions under act of Congress. It is

so used in Act Cong. Feb. 9, 1889, c. 120, 25 TERRITORY.

Stat. 658 (U. S. Comp. St. 1901, p. 3630), makSee “Indian Territory."

ing certain acts criminal, but exempting the

territories from the operation of such act. In “A territory, under the Constitution and re Lane, 10 Sup. Ct. 760, 761, 135 U. S. 443, laws of the United States, is an inchoate 34 L. Ed. 219. state; a portion of the country not included within the limits of any state, and not yet

As dependent governments. admitted as a state into the Union, but or Of the status and rank of territorial ganized under the laws of Congress, with a governments the Supreme Court of the United separate Legislature, under territorial gov- States, in the case of Snow v. United States, ernor and other officers appointed by the 85 U, S. (18 Wall.) 317, 21 L. Ed. 784, said: President and Senate of the United States. "The government of the territories of the The word 'territory,' when used to designate United States belongs primarily to Congress, a political organization, has a distinctive, and secondarily to such agencies as Congress fixed, and legal meaning under our political may establish for that purpose. During the institutions. We find a continental resolu- term of their pupilage as territories they are tion of October 10, 1780, to be the foundation mere dependencies of the United States. of our territorial system. This declares the Their people do not constitute a sovereign demesne or territorial lands shall be dis- power. All political authority exercised posed of for the common benefit of the Uni- therein is derived from the general govern. ted States, and be settled and formed into ment. It is, indeed, the practice of the govdistinct republican states, which shall be- ernment to invest these dependencies with a come members of the federal Union and limited power of self-government as soon as have the same rights of sovereignty, free- they have sufficient population for that purdom, and independence other states. pose. The extent of the power thus granted Schouler, U. S. Hist. 98. Again, in 1784, an depends entirely upon the organic act of Conordinance was adopted by the Congress of gress in each case, and is at all times subject the federation, providing for the division of to such alterations as Congress may see fit to all the country ceded, or to be ceded, into adopt." A territorial government is an agenstates, with boundaries ascertained by ordi- cy employed by Congress to aid in governing nance. This plan for the establishment of people of the territory in the same way as a governments for the territories provided for municipal government is employed by the their temporary government by the laws of Legislature of a state to aid in the governany one of the states. This ordinance was ment of the population of a city. The Susuperseded three years later by the ordinance preme Court further said of them, in the case of 1787, restricted in its application to the of First Nat. Bank v. Yankton County, 101 territory northwest of the River Ohio. These U. S. 129, 25 L. Ed. 1046: "All territory with. ordinances were all adopted prior to the adop- in the jurisdiction of the United States, not tion of the Constitution. Then came the included in any state, must necessarily be clause of the Constitution giving to Con- governed by or under the authority of Copgress the power to dispose and make all gress. The territories are but political subneedful rules and regulations respecting the divisions of the outlying dominion of the

as

[blocks in formation]
[ocr errors][ocr errors]

United States. Their relation to the general is certainly not a foreign territory, but is a government is much the same as that which part of the United States territory, using counties bear to the respective states, and 'territory' in its general sense. It is not a Congress may legislate for them as a state state in the sense in which the other states does for its municipal organizations.” Peo- are called, nor yet is it a recognized territory ple v. Daniels, 22 Pac. 159, 160, 6 Utah, 288, as the other recognized territories are, and 5 Li R. A. 444.

yet it is a territory of the United States, set

apart for the Cherokee Nation, with a recog. A territory is a distinct political society, nized government, legislative, executive, and and therefore sovereign in its action, except judicial, under the protection of the United as limited by the organic act; but its action States government, and under its tutelage and is subject to approval or disapproval by Con- guardianship, and for the purposes now ungress. To the people of a state in the Union der consideration it must be considered a teris secured the right of self-government, while ritory within the United States." Whitsett v. the people of the territories have not this Foreband, 79 N. C. 230, 232. right, and depend for their government on the will of Congress. The state regulates its own

As state. internal concerns, while Congress directs the

See “State." internal affairs of a territory. In a territory the courts have no final jurisdiction. The power of the executive and the tenure of his TERROR. office are likewise subject to this sovereign power and will of Congress and of the Presi See "Circumstances of Terror." dent, and in nothing pertaining to the existence, organization, or power of a territory is "Terror" signifies more than "alarm" or it sovereign and master of itself, and it has ' "force.” It is agitating or excessive fear, no authority to impose disabilities upon which usually benumbs the faculties. It is aliens within its limits, and much less has it one of the passions the existence of which the right to confiscate to its own use and ben- will sometimes reduce a homicide from murefit their property. Therefore an act by the der to manslaughter, but it is never necesLegislature of the territory of Montana “to sarily an element of self-defense. Arto y. provide for the forfeiture to the territory of State, 19 Tex. App. 126, 136. placer mines held by aliens," was void. Ter-1 ritory v. Lee, 2 Mont. 124, 133, 134.

TEST. "The territories are not the political subdivisions of the outlying dominion of the

“Test," as used in the Constitution, proUnited States. Their relation to the general viding for giving the form of an official government is much the same as that which oath, that no other oath, declaration, or test counties bear to the respective states, and shall be required as a qualification for any Congress may legislate for them as a state office of public trust, includes inquiries into does for its municipal organizations. It is party afliliation or religious opinions, but certainly now too late to doubt the power of does not include other qualifications often reCongress to govern territories. There have quired for public services, such as education been some differences of opinion as to the and scientific knowledge required in surveyparticular clause of the Constitution from

ors and other specialists, and legal knowlwhich the power is derived, but that it exists edge in all the officers of the law. Attorney has always been conceded.” First Nat. Bank General v. Detroit Common Council, 24 N. W. of Brunswick v. Yankton County, 101 U. s. 887, 889, 58 Mich. 213, 55 Am. Rep. 675. 129, 133, 25 L. Ed. 1046.

"Test," as used in Const. art. 5, 8 25, re

quiring all officers to take and subscribe a District of Columbia.

certain prescribed oath, and providing that The term "territory," when used general. no other oath, declaration, or test shall be ly to include every territory of the United required as a qualification, refers to the EngStates, includes also the District of Colum- lish test act, passed in the reign of Charles bia. Laws N. 1. 1892, c. 677, 8 23.

II, directing “all officers, civil and military, Whenever the word "territory” shall be to take the oaths and make the declaration used in the civil practice act, it shall be held against transubstantiation, in any of the to include and apply to the District of Colum- king's courts” and to “receive the sacrament bia. Comp. Laws Nev, 1900, $ 3687.

of the Lord's supper, according to the usage

of the Church of England, in some public Indian nation.

church, immediately after divine service,"

and deliver into court a certificate thereof. In holding that the term "territory,” in People v. Hoffman, 5 N. E. 590, 605, 116 III. the statute in reference to a certificate by the 587, 56 Am. Rep. 793. Governor of a state or territory annexed to certain deeds, included the Cherokee Nation, The examinations provided for in the the court said: “This term is anomalous. It civil service act are not such "tests” as are

« SebelumnyaLanjutkan »