Page:Black's Law Dictionary (Second Edition).djvu/1169

Rh

Southern S. S. Co. v. New Orleans, 6 WalL 31, la L. lid. 74:). _ _

A tonnage tax is defined to be a duty levied on a u.-ss--l according to the tonnage or impurity. It is a in: upon the hunt as an instrument oi n:ii'i;otiun, and not 3 tax upon the pI‘0p(.:l‘l)_OE ll citizen of the state. The North Cape, b Biss. 505. Fed Gus l\o. 10.316.

When the rent reserved Iiy a inining lease or the like consists of .1 royalty on every ton of minerals gotten in the mine. it is often called 11 ‘tonnage- rent." 'l here is generally a derid rent in mi- dition. Sn eel;

TONNAGIUM. In old English law. A custom of linpost upon wines .in(l other iner- chandise exported or inipui-ieil, according to ii certain rate per ton. S1)(!llJ1al.l: Cowell.

TONNETIGI-IT. In old English law. the quantity of a ton or tun, hi 11 ships freight or bulk, for which tonnage or tunn.ige was paid to the king. Cowell.

TONODEEACH. In old Scotch law. A thief-taker. TONSURA. Lnt. In old English law.

A sharing, or polling: the having the crown of the head shaven; tonsure. One of the peculiar l)'.lLl.;&S of a clerk or clergyman.

TONSURE. In old English law. A being sli.i\ en; the having the bend shaven; n shaven head. 4 Bl. Comm. 367.

TONTINE. in French law. A species or association or parthership formed among persons who are in receipt of perpetual or life rinnnltles, with the agreement that the shares or annuities of those who die shall uccrue to the survivors. This plan is said to he thus named from Tomi, an Italian, who inventerl it in the seventeenth century. The principle is used in some forms of iire insurance. Meri. Report.

TOOK AND CARRIED AWAY. In cri.inlniil Dlelllillg. Technical words neces— siiry in an indictment for elmple isrceny.

TOOL. The usual meaning of the word "tool" is "an lnstriiruent of runnuiil operation 2" that is, an instinment to be used and managed by the hand instead or being moved and controlled by machinery. Loiewell v. lV'es1(-Iieslcr F. Ins. Co., 124 Mass. 420, 26 Am. Rep. (371.

TOP ANNUAL. In Scotch law. An annual rent out of :1 house built in a burgh. Whishnw. _-\ duty which. from the act 15:", c. 10, appears to have been due from cer- Liln lands in Edinburgh, the nature of which is not now known. Bell.

TORT. Wrong; injury; the opposite of right. So ciilled, according to Lord Coke, be-

1161

TORTURE

cause it is wrest:-.d, or Crooked, helng contrary to that which is right and straight. Co Lltt. 1581;.

In modern practice, tort is constantly used as an English word to denote a wrong or wrongful not, for which an action will lie, as distinguished from a contract. .3 Bl. Comm. 117.

A tort is a legal -wrong comiiiitted upon the person or property independent of contract. It may be either (1) a |1Il'e(T invasion of some legal right or the individual; (2) the infraction of some public duty by which special dziinrige accrues to the indi idual; (3) the vloliition of some prii-'.ite obligation by which like (lnmnge accrues to the individual. in the former cise. no special (lnniage is ne(-e's's:ii'y to entitle the party to recover. In the t\\ o latter cases, such diimage is necessary. Code Go. 1832, 5 2931. And see Hayes v. Insurance Co., 125 Ill. 6'26. 18 N. B. 322, 1 L R. A. 303; Railway Co. v. Hennegan, 33 Tex. Clv. App. 3l4. 76 S. W. -13"; Munitord v. Wright, 12 Colo. App. 214. 55 Piic. 744; ’1‘ni.nlin v. lzlildreth, 65 N. J. Law, -138. 47 Atl. 649; Merrill v. St. Louis. 8? M0. 255, 53 Am. Rep. 576; Denning v. State. 123 Cal. 316, 55 Pnc. 1000; Shirl: v. Mitchell. 137 Ind. 185, 36 N. E. 850; Western Union Tel. Co. v. Taylor, 84 Ga. 408, 11 S. E. 396, 8 L R. A. 189; Rich v. Railroad Co., 87 N. Y. 390.

as distinguished from an injury or dnmage to real ‘or personal property. ‘called a "property

tort.’ See Miiniforil v. Wright, 12 Colo. App. 214. 55 Pac. T44.—Quasi tort, though not ii recognized term of English law, may be con- venlcntly used in those cases where a man who has not coniniitted B. tort is liable as if he had. Thus, a master is Liable for wronzfui acts done by his servant in the course of his employnient. iraoni. Corn. Law. GJO; Underh. Torts. 29

TORT-FEASOR. A Wrong—duer; who commits or is guilty of a tort.

one

TORTIOUS. Wrongful; of the nature of a tort Formerly certain modes of con- veyiince (2. i7., feotfnieiita. fines. etc.) hail the effect of passing not merely the estate of the person making the com cyiince, but the whole fec—sln1ple. to the injury of the person really entitled to the fee; and they were hence cull- ed "tortlous conveyances." Litt. 5 611; C0. Lltt. 2711;. n. 1; 3301i, n. 1. But this operation hns been taken away. Sweet.

Tor-turn. leg-um pessima. The torture or Wresting of laws is the worst [kind of torture.) 4 Bacon's Works, 434.

TORTURE. In aid criminal low. The question: the infllction of violent bodily pain upon a person, by means or the rack, wheel. or other engine, under judicial sanction and super-intendence, in connection with the interrogation or examination of the person, as