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Legal Term Dictionary

Search our free database of thousands of legal terms. The easiest-to-read, most user-friendly guide to legal terms.This dictionary is from the early 20th century and is not to be construed as legal advice.

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TESTATUM WRIT
In practice. A writ containing a testatum clause; such as a testatum capias, a testatum ft. fa., and a testatum ca. sa. See TESTATUM.

In practice. A writ containing a testatum clause; such as a testatum capias, a testatum ft. fa., and a testatum ca. sa. See TESTATUM. Less...
TESTATUS
Lat In the civil law. Testate; one who has made a will. Dig. 50, 17, 7.

Lat In the civil law. Testate; one who has made a will. Dig. 50, 17, 7. Less...
TESTE MEIPSO
Lat. In old English law and practice. A solemn formula of attestation by the sovereign, used at the conclusion of charters, and other public Instruments, and also of original writs out of chancery. Spelman.

Lat. In old English law and practice. A solemn formula of attestation by the sovereign, used at the conclusion of charters, and other public Instruments, and also of original writs out of chancery. Spelman. Less...
TESTED
To be tested is to hear the teste, (g. t.)

To be tested is to hear the teste, (g. t.) Less...
TESTE OF A WRIT
In practice. The concluding clause, commencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested. "Teste" is a word commonly used in the last part of every writ, wherein the date is contained, beginning with the words, "Teste meipso," meaning the sovereign, More...

In practice. The concluding clause, commencing with the word "Witness," etc. A writ which bears the teste is sometimes said to be tested. "Teste" is a word commonly used in the last part of every writ, wherein the date is contained, beginning with the words, "Teste meipso," meaning the sovereign, if the writ be an original writ, or be issued in the name of the sovereign; but, if the writ be a judicial writ, then the word "Teste" is followed by the name of the chief judge of the court in which the action is brought, or, in case of a vacancy of such office, in the name of the senior puisne judge. Mozley & Whitley. Less...
TESTES
Lat. Witnesses. -Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but this mode of trial, although it was common in the civil More...

Lat. Witnesses. -Testes, trial per. A trial had before a judge without the intervention of a jury, in which the judge is left to form in his own breast his sentence upon the credit of the witnesses examined; but this mode of trial, although it was common in the civil law, was seldom resorted to in the practice of the common law, but it is now becoming common when each party waives his right to a trial by jury. Brown. .Testes ponderantnr, non nnmerantnr. Witnesses are weighed, not numbered. That is, in case of a conflict of evidence, the truth is to be sought by weighing the credibility of the respective witnesses, not by the mere numerical preponderance on one side or the other. Testes qnl postnlat debet dare els anmptns oompetentes. Whosoever demands witnesses must find them in competent provision. Testibns deponentibiu in part numero, dignioribns est oredendnm. Where tbe witnesses who testify are in equal number, [on both sides,] the more worthy are to be believed. 4 Inst 279. Less...
TESTIFY
To bear witness; to give evidence as a witness; to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact See State v. Robertson, 26 S. C. 117, 1 S. E. 443; Gannon v. Stevens, 13 Kan. 459; Nash More...

To bear witness; to give evidence as a witness; to make a solemn declaration, under oath or affirmation, in a judicial inquiry, for the purpose of establishing or proving some fact See State v. Robertson, 26 S. C. 117, 1 S. E. 443; Gannon v. Stevens, 13 Kan. 459; Nash v. Hoxle, 59 Wis. 384, 18 N. W. 408; O'Brien v. State, 125 Ind 38, 25 N. E. 137, 9 L. R. A. 323; Mudge v. Gilbert 43 How. Prac. (N. Y.) 221. Testimonia ponderanda snnt, non immeranda. Evidence is to be weighed, not enumerated Less...
TESTIMONIAL
Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St 39 Eliz. c. 17, | 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, testifying the place and time when and where a More...

Besides its ordinary meaning of a written recommendation to character, "testimonial" has a special meaning, under St 39 Eliz. c. 17, | 3, passed in 1597, under which it signified a certificate under the hand of a justice of the peace, testifying the place and time when and where a soldier or mariner landed, and the place of his dwelling or birth, unto which he was to pass, and a convenient time limited for his passage. Every idle and wandering soldier or mariner not having such a testimonial, or willfully exceeding for above fourteen days the time limited thereby, or forging or counterfeiting such testimonial, was to suffer death as a felon, without benefit of clergy. This act was repealed, in 1812, by St 52 Geo. III. c. 31. Mozley A Whitley. Less...
TESTIMONIAL PROOF
In the civil law. Proof by the evidence of witnesses, i.e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof.

In the civil law. Proof by the evidence of witnesses, i.e., parol evidence, as distinguished from proof by written instruments, which is called "literal" proof. Less...
TESTIMONIO
In Spanish law. An authentic copy of a deed or other instrument ' made by a notary and given to an interested party as evidence of his title, the original remaining in the public archives. Guilbeau v. Mays, 15 Tex. 414.

In Spanish law. An authentic copy of a deed or other instrument ' made by a notary and given to an interested party as evidence of his title, the original remaining in the public archives. Guilbeau v. Mays, 15 Tex. 414. Less...

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