A word or phrase; an expression; particularly one which possesses a fixed and known meaning in some science, art or profession. In tbe civil law. A space of time granted to a debtor for discharging his obligation. Poth. Obi. pt 2, a 3, art 3, | 1; Civ. Code La.
More... A word or phrase; an expression; particularly one which possesses a fixed and known meaning in some science, art or profession. In tbe civil law. A space of time granted to a debtor for discharging his obligation. Poth. Obi. pt 2, a 3, art 3, | 1; Civ. Code La. art 2048. In estates. "Term" signifles the bounds, limitation, or extent of time for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his "term," and he himself Is called, with reference to the term he so holds, the "termor," or "tenant of the term." See Gay Mfg. Co. v. Hobbs, 128 N. C. 46, 38 S. E. 26, 83 Am. St Rep. 661; Sanderson v. Scranton, 105 Pa. 472; Hurd v. Whitsett, 4 Colo. 84 ; Taylor v. Terry, 71 Cal. 46, 11 Pac. 813. The word "term," when used with reference to a court, signifies the space of time during which the court holds a session. A session signifles the time during the term when the court sits for the trans* action of business, and the session commences when the court convenes for the term, and continues until final adjournment either before or at the expiration of the term. The term of the court is the time prescribed by law during which it may be in session. The session of the court is the time of its actual sitting. Lipari v. State, 19 Tex. App. 431. And see Horton v. Miller, 38 Pa. 271; Dees v. State, 78 Miss. 250, 28 South. 949; Conkllng v. Ridgely, 112 111. 36, 1 N. E. 261, 54 Am. Rep. 204; Brown v. Hume, 16 Grat. (Va.) 462; Brown v. Leet, 136 111. 208, 26 N. E. 639.----General term. A phrase used In some jurisdictions to denote the ordinary session of a court, for the trial and determination of causes, as distinguished from a special term, for the hearing of motions or arguments pr the despatch of various kinds of formal business, or the trial of a special list or class of cases. Or it may denote a sitting of the court in bane.* State v. Eggers, 152 Mo. 485, 54 S. W. 49&-Regnlar term. A regular term of court is a term begun at the time appointed by law, and continued, in the discretion of the court, to such time as it may appoint, consistent with the law: Wightman v. Karsner, 20 Ala. 451.------Special term. Iu New York practice, that branch of the court which is held by a single judge for hearing and deciding in the first instance motions and causes of equitable nature is called the "special term," as opposed to the "general term," held by three judges (usually) to hear appeals. Abbott; Grade v. Freeland, 1 N. Y. 232.------Term attendant en tbe inheritance. See ATTENDANT TERMS.-Term fee. In English practice. A certain sum which a solicitor is entitled to charge to his client, and the client to recover, if successful, from the unsuccessful party; payable for every term in which any proceedings subsequent to the summons shall take place. Wharton.-Term for deliberate ing. By "term for deliberating" is understood the time given to the beneficiary heirV to examine if it be for his interest to accept or reject the succession which has fallen to him. Civ. Code La. art. 1083.-----Term for years. An estate for years and the time during which such estate is to be held are each called a "term;" hence the term may expire before the time, as by a surrender. Co. Litt. 45.-------Term in gross. A term of years is said to be either in gross (outstanding) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattached or disconnected from the estate or inheritance, as where it is in the hands of some third party having no interest in the inheritance; it is attendant, when vested in some trustee in trust for the owner of the inheritance. Brown. --------Term of lease. The word "term," when used in connection with a lease, mean3 the period which is granted for the lessee to occupy the premises, and does not include the time between the making of the lease and the tenant's entry. Young v. Dake, 5 N. Y. 463, 55 Am. Dec. 356.-------Term probatory. The period of time allowed to the promoter of an ecclesiastical suit to produce his witnesses, and prove the facts on which he rests his case. Coote, Ecc. Pr. 240, 241.------Term to conclude. In English ecclesiastical practice. An appointment by the judge of a time at which both parties are understood to renounce all further exhibits and allegations.-Term to propound all things. In English ecclesiastical practice. An appointment by the judpe of a time at which both parties are to exhibit all the acts and instruments which make for their respective causes. In the law of contracts and in court practice. The word is generally used In the plural, and "terms" are conditions; propositions stated or promises made which, when assented to or accepted by another, settle the contract and bind the parties. Webster. See Hutchinson v. Lord, 1 Wis. 313, 60 Am. Dec. 381; State v. Fawcett, 58 Neb. 371, 78 N. W. 636; Rokes v. Amazon Ins. Co., 51 Md. 512, 34 Am. Rep. 323.
-Special terms. Peculiar or unusual conditions imposed on a party before granting some application to the favor of the court.-Under terms. A party is said to be under terms when an indulgence is granted to him by the court in its discretion, on certain conditions. Thus, when an injunction is granted ex parte, the party obtaining it is put under terms to abide by such order as to damages as the court may make at the hearing. Mozley A Whitley.
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