Page:Black's Law Dictionary (Second Edition).djvu/1171

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In French law. An easement consisting of the right to rest ladders upon the adjoining estate, when necessary in order to repair a part '-wall or buildings supported by it.

Also the vacant space suirounding a building left unoccupied in order to facilitate its reparation when necessary. Merl. Repert.

In old English law. A court of record. having criminal jurisillction, in each county, held before the sherifl’. twice a year. in one place after another, following a certahi circuit or rotation.

TOUT. Fr. All; whole; entirely. Tout lclnjla prlst, always ready.

Tout ee que 18. lot no defend pas est pernxis. Everything is permitted which is not forbidden by law.

TOUT TEMPS PRIST. L. Fr. Always ready. The emphatic words of the old plea of tender; the detendant alleging that he has aiwnys been ready, and still is ready, to diseluirge the debt. 3 Bl. Comm. 303; 2 Salk. 622.

TOUT UN SOUND. L. Fr. All one sound; sounding the same; {dam somms.

Touts exception non nurveillée tend B. premlre In place (In prineipe. Every cx- ception not watched tends to assume the piece of the principle.

TOWAGE.'''}} The act or service of towing shlps and vessels, usually by means of a sni.iil steamer called a "tug." That which is given for towing ships in rivers.

Fowagc is the drawing a ship or barge aiong the water by another ship or boat, fastened to her, or by men or horses, etc., on land. It is also money which is given by burgemcn to the owner of ground next a river, where they tow a barge or othcr vcsseL Jacob. .-\nd sce Rv-in v. Hook, 34 Hun (N. Y.) 191; The Kingaioch, 26 Fug. Law & Eq. 597‘. The Egypt §D. C.) 17 Fed. 370.—'l‘owa.ge lervioe, a udmiraity law. \ service rendered to a vessei, by towing, for the more purpose of expediting her voyngs, without reference to any circlimstilnces of danger. It is eunfincd to vessels that have received no injury or II iinuge. The Rcvvird, 1 W. R01). 177: The \lheni-in (D. C.) 3 Fed. 249: McCon1iochin v. Kcrr (D. C.) 9 Fed. 53; The Plymouth Rock (D. C.) 9 Fed. 416.

To-WIT. That is to say; namely: acm- cct; wridcllcet.

TOWN. In English law. Originally, a vill or tithing; but now a generic term, n hich comprehends under It the severai spe cies of cities, horoughs, and common towns. l Bl. Comm. 114.

In American law. A civil and political division of a state. varying in extent and importance, but usually one of the divisions of a county. In the New England states, the town is the political unit, and is a municipal

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corporation. In some other states, where the county is the unit, the town is merely one of its subdivlsions, but possesses some powers of local sell‘-government. In still other states, such subdivisions of a county are called "tovmshlps," and "town" is the mime of :1 village. borough, or smaller city. See I-Ierrman v. Guttenberg, 62 l\‘. J. Law, 605, 43 .-‘\tl. 703: Van Itlper v. Parsons, 40 N. J. Law, 1; State v. Denny, 118 Ind. 4-19, 21 N. E ..i, 4 L. R A 6.3: Sessions v. State. 115 Ga. 18, 41 S. E. 259: Miiford v. Godfrey, 1 Pick. (Mass) 97; Enfielil v. Jordan, 119 U. S. 690, 7 Sup. Ct. 358, 30 L. Ed. 5%; Rogers v. Galloway Female College. 64 Ark. 62 . 44 S. W. 454, 39 L. R. A. 636: Iluiiway Co. v. Oconto. 50 Wis. 189. 6 N. W. U07. 36 Am. Rep. 840: Lovejoy v. Foxcroft, 91 Me. 367, 40 Atl. 141; Bioumfield v. Charter Oak Bank, 121 U. S. 12]. 7 Sup. Ct. 865, 30 L. Ed. 923; Lynch v. Rutlsnd, 66 Vt. 570. 29 A121. 1015.

—Town agent. Under the prohibltory liquor laws in force in some of the New Engiund states a town agent is a person appointed in each tovsn to purchase intoxicating a uors for the town and having the exciusive fig I. to sell the same for the pvrruittcd purpuscs. mi-diczil. mechanical, scientific, etc. He eitber receives I fixed salary or is permitted to innke 11 small profit on his sales. The stock of liquors belongs to the town, and is bought with its mum-y. See Black, Intnx. Liq. §§ 204. 205.—Town cause. In English practice. A cause t1-icii at the sittings for London and Midiliesex. 3 Stcph

omm. 517.—'l.‘owu-clerk. In those states "here the town is the unit for local seif-government, the town~clerk is a principoi officer who keeps the records, issues calls for town-meetings. und performs generally the duties of a secretary to the politicai organization. See Simmons v. Fitts, 21 R. I. 236. 42 Ati. 8U3.—Town collect- or. One of the officers of a town charged with collecting the taxes assessed for town purpose-s. —Town commissioner. In some of the states where the town is the politieal unit the town commissioners constitute a board of ad|ninisl.'rative officers chnrged with the gcnnr.-ii management nf the town's hIisincss.—Tuwn-erler. An officer in a town whose business it is to make proclamntions.—'l.‘own-hall. The building maintained by a town for tovin-mectinss and the ofiircs of the municipal auLhnritii*.s.—'l.‘uwnmeeting. Under the municipal organization of the New England states, the town-meeting is a legal assembly of the qualified voters of II. town, heid at stated intervals or on call, for the purpose nf eiceting town ntlicers, and of disviissiiig and deciding on questions relating to the pnh- iic business. property, and ex-pnnses of the town. See In re Foley, 8 Misc. Rcp. " 28 N. Y. Supp. 608; Railroad Co. v. l\l'illn . 101 Ill. ERR; (‘omstock v. Lincoin School Committee. 17 R. I. 827, 2-1 Atl. 1 .—Town order or warrant. An official direction in writing by the auditing otlicers of :1 town. directing the treasurer to pay a sum of mnney.—'I‘own pound. A place of confinement maintained by a town for estr:i_vs.—'l.‘own purpose. When it is said that taxation by a town, or the expenditure of the town's mane, must be for town purposes. it is meant that e purposes must be public with respect to the town: i. e., concern the wcifare nnd advantage of the town as it whole.—'l.‘awu- reeve. The rpeve or chief umcer of a town.- Tawn tax. Such tax as a town may ievy for its peculiar expenses; as distinguished from s. county or state tax.—Town treasurer. The treasurer of a town which is an organized municipal corporation.