TRADER. One who makes it his business to buy merchandise or goods and
chattels, and to sell the same for the purpose of making a profit. The quantum
of dealing is immaterial, when an intention to deal generally exists. 3 Stark.
56; 2 C. & P. 135; 1 T. R. 572.
2. Questions as to who is a trader most frequently arise under the bankrupt
laws, and the most difficult among them are those cases where the party follows
a business which is not that of buying and selling principally, but in which he
is occasionally engaged in purchases and sales.
3. To show who is a trader will be best illustrated by a few examples: A
farmer who in addition to his usual business, occasionally buys a horse not
calculated for his usual occupation, and sells him again to make a profit, and
who in the course of two years had so bought and sold five or six horses, two of
which had been sold after be bad bought them for the sake of a guinea profit,
was held to be a trader. 1 T. R. 537, n.; 1 Price, 20. Another firmer who bought
a large quantity of potatoes, not to be used on his farm, but merely to sell
again for a profit, was also declared to be a trader. 1 Str. 513. See 7 Taunt.
409; 2 N. R. 78; 11 East, 274. A butcher who kills only such cattle as be has
reared himself is not a trader, but if he buy them and kill and sell them with a
view to profit, he is a trader. 4 Burr. 21, 47. See 2 Rose, 38; 3 Camp. 233
Cooke, B. L. 48, 73; 2 Wils. 169; 1 Atk. 128; Cowp.745. A brickmaker who follows
the business, for the purpose of enjoying the profits of his real estate merely,
is not a trader; but when he buys the earth by the load or otherwise, and
manufactures it into bricks, and sells them with a view to profit, he is a
trader. Cook, B. L. 52, 63; 7 East, 442; 3 C. & P. 500; Mood. & M. 263 2
Rose, 422; 2 Glyn & J. 183; 1 Bro. C. C. 173. For further examples, the
reader is referred to 4 M. & R. 486; 9 B. & C. 577; 1 T. R. 34; 1 Rose,
316; 2 Taunt. 178; 2 Marsh. 236; 3 M. & Scott. 761; 10 Bing. 292 Peake, 76;
1 Vent. 270; 3 Brod. & B. 2 6 Moore, 56.
TRADITIO BREVIS MANUS. This term is used in the civil law to designate
the delivery of a thing, by the mere consent of the parties; as, when Peter
holds the property of Paul as bailee, and, afterwards, he buys it, it is not
necessary that Paul should deliver the property to Peter, and he should
re-deliver it to Paul, the mere consent of the parties transfers the title to
Paul. 1 Duverg. n. 252; 6 Shipl. R. 231; Poth. Pand. lib. 50, CDLXXIV.; 1 Bouv.
Inst. n. 944.
TRADITION, contracts, civil law. The act by which a thing is delivered
by one or more persons to one or more others.
2. In sales it is the delivery of possession by the proprietor with an
intention to transfer the property to the receiver. Two things are therefore
requisite in order to transmit property in this way: 1. The intention or consent
of the former owner to transfer it; and, 2. The actual delivery in pursuance of
3. Tradition is either real or symbolical. The first is where the ipsa
corpora of movables are put into the hands of the receiver. Symbolical tradition
is used where the thing is incapable of real delivery, as, in immovable
subjects, such as lands and houses; or such as consist in jure (things
incorporeal) as things of fishing and the like. The property of certain
movables, though they are capable of real delivery, may be transferred by
symbol. Thus, if the subject be under look and key, the delivery of the key is
considered as a legal tradition of all that is contained in the repository.
Cujas, Observations, liv. 11, ch. 10; Inst. lib. 2, t. 1, §40; Dig. lib. 41, t.
1, 1. 9; Ersk. Princ. Laws of Scotl. bk. 2, t. 1, s. 10, 11; Civil Code Lo. art.
2452, et seq.
4. In the common law the term used in the place of tradition is delivery. (q.
TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills,
money and the like.
TRAITOR, crimes. One guilty of treason.
2. The punishment of a traitor is death.
TRAITOROUSLY, pleadings. This is a technical word, which is essential
in an indictment for treason in order to charge the crime, and which cannot be
supplied by any other word, or any kind of circumlocution. Having been well laid
in the statement of the treason itself, it is not necessary to state every overt
act to have been traitorously committed. Vide Bac. Ab. Indictment, G 1; Com.
Dig. Indictment, G. 6; Hawk. B. 2, c. 25, s. 55; 1 East's P. C. 115; 2 Hale,
172, 184; 4 Bl. Com. 307; 8 Inst. 15; Cro. C. C. 87; Carth. 319; 2 Salk. 683; 4
Harg. St. Tr. 701; 2 Ld. Raym. 870; Comb. 259; 2 Chit. Cr. Law, 104, note
TRANSACTION, contracts, civil law. An agreement between two or more
persons, who for the purpose of preventing or putting an end to a law-suit,
adjust their differences by mutual consent, in the manner which they agree on;
in Louisiana this contract must be reduced to writing. Civil Code of Louis,
2. Transactions regulate only the differences which appear to be clearly
comprehended in them by the intentions of the parties, whether they be explained
in a general or particular manner, unless it be the necessary consequence of
what is expressed; and they do not extend to differences which the parties,
never intended to include in them. Id. 3040.
3. To transact, a man must have the capacity to dispose of the things
included in the transaction. Id. 3039; 1 Domat, Lois Civiles, liv. 1, t. 13, s.
1; Dig. lib. 2, t. 15, l. 1; Code lib. 2, t. 4, 1. 41. In the common law this is
called a compromise. (q. v.)
TRANSCRIPT. A copy of an original writing or deed.
2. In Pennsylvania, the act of assembly of March 20th, 1810, s. 10, calls a
copy of the proceedings before a justice of the peace in any case, a transcript:
the proper term would be an exemplification.
TRANSFER, cont. The act by which the owner of a thing delivers it to
another person, with the intent of passing the rights which he has in it to the
2. It is a rule founded on the plainest dictates of common sense, adopted in
all systems of law, that no one can transfer a right to another which he has not
himself: nemo plus juris ad alienum transfers potest quam ipse habet. Dig. 50,
17, 54 10 Pet. 161, 175; Co. Litt. 305.
3. To transfer means to change; for example, one may transfer a legacy,
either, 1st. By the change of the person of the legatee, as, I bequeath to
Primus a horse wliich I before bequeathed to Secundus. 2d. By the change of the
thing bequeathed, as, I bequeath to Tertius my History of the United States
instead of my copy of the Life of Washington. 3d. By the change of the person
who was bound to pay the legacy, as, I direct that the sun) of one bundred
dollars, which I directed should be charged upon my house which I gave to
Quartus, shall be paid by my executors.
TRANSFEREE. He to whom a transfer is made.
TRANSFERENCE, Scotch law. The name of an action by which a suit, which
was pending at the time the parties died, is transferred from the deceased to
his representatives, in the same condition in which it stood formerly. If it be
the pursuer who is dead, the action is called a transference active; if the
defender, it is a transference passive. Ersk. Prin. B. 4, t. 1, n. 32.
TRANSFEROR. One who makes a transfer.
TRANSGRESSION. The violation of a law.
TRANSHIPMENT, mar. law. The act of taking the cargo out of one ship
and loading it in another.
2. When this is done from necessity, it does not affect the liability of an
insurer on the goods. 1 Marsh. Ins. 166; Abbott on Shipp. 240. But when the
master tranships goods without necessity, he is answerable for the loss of them
by capture by public enemies. 1 Gallis. R. 443.
TRANSIRE, Eng. law. A warrant for the custom-house to let goods pass:
a permit. (q. v.) See, for a form of a transire, Harg. L. Tr. 104.
TRANSITORY. That which lasts but a short time, as transitory facts
that which may be laid in different places, as a transitory action.
TRANSITORY ACTION, pract., plead. Actions are transitory when the
venue may lawfully be laid in any county, though the cause of action arose out
of the jurisdiction of the court. Vide Actions, and 1 Chit. Pl. 273; Com. Dig.
Actions, N 12; Cowp. 161; 9 Johns. R. 67; 14 Johns. R. 134; 3 Bl. Com. 294; 3
Bouv. Inst. n. 2645. Vide Bac. Ab. Actions local and transitory.
TRANSITUS. The act of going, or of removing goods, from one place to
another. The transitus of goods from a seller commences the moment he has
delivered them to an agent for the purpose of being carried to another place,
and ends when the delivery is complete, which delivery may be by putting the
purchaser into actual possession of the goods, or by making him a symbolical
delivery. 2 Hill, S. C. 587; 5 John. 335; 2 Pick. 599; 11 Pick.. 352; 2 Aik. 79;
5 Ham. 88; 6 Rand. 473. See Stoppage in transitu.
TRANSLATION. The copy made in one language of what has been written,
or spoken in another.
2. In pleading, when a libel or an agreement, written in a foreign language,
must be averred, it is necessary that a translation of it should also be
3. In evidence, when a witness is unable to speak the English language so as
to convey his ideas, a translation of his testimony must be made. In that case,
an interpreter should be sworn to translate to him, on oath, the questions
propounded to him, and to translate to the court and jury his answers. 4 Mass.
81; 5 Mass. 219; 2 Caines' Rep. 155; Louis. Code of Pr. 784, 5.
4. It has been determined that a copyright may exist in a translation, as a
literary work. 3 Ves. & Bea. 77; 2 Meriv. 441, n.
5. In the ecclesiastical law, translation denotes the removal from one place
to another.; as, the bishop was translated from the diocese of A, to that of B.
In the civil law, translation signifies the transfer of property. Clef des Lois
Rom. h. t.
6. Swinburne applies the term translation to the bestowing of a legacy which
had been given to one, on another; this is a species of ademption, (q. v.) but
it differs from it in this, that there may be an ademption without a
translation, but there can be no translation without an ademption. Bac. Ab.
7. By translation is also meant the transfer of property, but in this sense
it is seldom used. 2 Bl. Com. 294. Vide Interpreter.
TRANSMISSION, civ. law. The right which heirs or legatees may have of
passing to their successors, the inheritance or legacy to which they were
entitled, if they happen to die without having exercised their rights. Domat,
liv. 3, t. 1, s. 10; 4 Toull. n. 186; Dig. 50, 17, 54; Code, 6, 51.
TRANSPORTATION, punishment. In the English law, this punishment is
inflicted by virtue of sundry statutes; it was unknown to the common law. 2 H.
Bl. 223. It is a part of the judgment or sentence of the court, that the party
shall be transported or sent into exile. 1 Ch. Cr. Law, 789 to 796: Princ. of
Pen. Law, c. 4 §2.
TRAVAIL. The act of child-bearing.
2. A woman is said to be in her travail from the time the pains of
child-bearing commence until her delivery. 5 Pick. 63; 6 Greenl. R. 460.
3. In some states, to render the mother of a bastard child a competent
witness in the prosecution of the alleged father, she must have accused him of
being the father during the time of her travail. 2 Root, R. 490; 1 Root, R. 107;
2 Mass. R. 443; 5 Mass. R. 518; 8 Greenl. R. 163; 3 N. H. Rep. 135; 6 Greenl. R.
460. But in Connecticut, when the state prosecutes, the mother is competent,
although she did not accuse the father during her travail. 1 Day, R. 278.
TRAVERSE, crim. law practice. This is a technical term, which means to
turnover: it is applied to an issue taken upon an indictment for a misdemeanor,
and means nothing more than turning over or putting off the trial to a following
sessions or assize; it has, perhaps with more propriety, been applied to the
denying or taking issue upon an indictment, without reference to the delay of
trial. Dick. Sess. 151; Burn's Just. h. t.; 4 Bl. Com. 351.
TRAVERSE, pleading. This term, from the French traverser, signifies to
deny or controvert anything which is alleged in the declaration, plea,
replication or other pleadings; Lawes' Civ. Plead. 116, 117 there is no real
distinction between traverses and denials, they are the same in substance.
Willes. R. 224. however, a traverse, in the strict technical meaning, and more
ordinary acceptation of the term, signifies a direct denial in formal words,
"without this that," &c. Summary of Pleadings, 75; 1 Chit. Pl. 576, n.
2. All issues are traverses, although all traverses cannot be said to be
issues, and the difference is this; issues are where one or more facts are
affirmed on one side, and directly and merely denied on the other; but special
traverses are where the matter asserted by one party is not directly and merely
denied or put in issue. by the other, but he alleges some new matter or
distinction inconsistent with what is previously stated, and then distinctly
excludes the previous statement of his adversary. The new matter so alleged is
called the inducement to the traverse, and the exclusion of the previous
statement, the traverse itself. Lawes' Civ. Pl. 117. See, in general, 20 Vin.
Abr. 339; Com. Dig. Pleader, G; Bac. Abr. Pleas, H; Yelv. R. 147, 8; 1 Saund.
22, n. 2; Gould. on Pl. ell. 7 Bouv. Inst. Index, n. t.
3. A traverse upon a traverse is one growing out of the same point, or
subject matter, as is embraced in a preceding traverse on the other side. Gould
on Pl. ch. 7, §42, n. It is a general rule, that a traverse, well tendered on
one side, must be accepted on the other. And hence it follows, as a general
rule, that there cannot be a traverse upon a traverse, if the, first traverse is
material. The meaning of the rule is, that when one party has tendered a
material traverse, the other cannot leave it and tender another of his own to
the same point upon the inducement of the first traverse, but must join in that
first tendered; otherwise the parties might alternately tender traverses to each
other, in unlimited succession, without coming to an issue. Gould on Pl. ch. 7,
4. In cases where the first traverse is immaterial, there may be a traverse
upon a traverse. Id. ch. 7, §43. And where the plaintiff might be ousted of some
right or liberty the law allows him, there may be a traverse upon a traverse,
although the first traverse include what is material. Poph. 101; Mo. 350; Com.
Dig. Pleader, G 18; Bac. Abr. Pleas, H 4; Hob. 104, marg.; Cro. Eliz. 99, 418;
Gould on Pl. ch. 7, 44.
5. Traverses may be divided into general traverses, (q. v.) and special
traverses. (q. v.) There is a third kind called a common traverse. (q. v.)
TREASON, crim. law. This word imports a betraying, treachery, or
breach of allegiance. 4 Bl. Com. 75.
2. The constitution of the United States, art. 3, s. 3, defines treason
against the United States to consist only in levying war (q. v.) against them,
or in adhering to their enemies, giving them aid or comfort. This offence is
punished with death. Act of April 30th, 1790, 1 Story's Laws U. S. 83. By the
same article of the constitution, no person shall be convicted of treason,
unless on the testimony of two witnesses to the same overt act, or on confession
in open court. Vide, generally, 3 Story on the Const. ch. 39, p. 667; Serg. on
the Const. ch. 30; United States v. Fries, Pamph.; 1 Tucker's Blackst. Comm.
Appen. 275, 276; 3 Wils. Law Lect. 96 to 99; Foster, Disc. I; Burr's Trial; 4
Cranch, R. 126, 469 to 508; 2 Dall. R. 246; 355; 1 Dall. Rep. 35; 3 Wash. C. C.
Rep. 234; 1 John. Rep. 553 11 Johns. R. 549; Com. Dig. Justices, K; 1 East, P.
C. 37 to 158; 2 Chit. Crim. Law, 60 to 102; Arch. Cr. Pl. 378 to 387.