TRIPARTITE. Consisting of three parts, as a deed tripartite, between A of the first part, B of the second part, and C of the third part.

TRIPLICATION, pleading. This was formerly¹ used in pleading instead of rebutter. 1 Bro. Civ. Law, 469, n.

TRITAVUS. The male ascendant in the sixth degree was so called among the Romans. For the female ascendant in the same degree, the term is tritavia. In forming genealogical tables this convenient term is still used.

TRIUMVIRI CAPITALES or TREVIRI or TRESVIRI, Rom, civ. law. Officers who had charge of the prison, through whose intervention² punishments were inflicted³. Sallust in Catalin. They had eight lictors to execute their orders. Vicat, ad voc.

TRIVIAL. Of small importance. It is a rule in equity⁴ that a demurrer will lie to a bill on the ground of the triviality of the matter in dispute, as being below the dignity of the court. 4 Bouv. Inst. n. 4237. See Hopk. R. 112; 4 John. Ch. 183; 4 Paige, 364.

TRONAGE, Engl. law. A customary duty or toll⁵ for weighing wool, so called because it was weighed by a common trona, or beam. Fleta, lib. 2, c. 12.

TROVER, remedies. Trover signifies finding. The remedy is called an action of trover; it is brought to recover the value of personal chattels⁶, wrongfully converted by another to his own use; the form supposed that the defendant⁸ might have acquired the possession of the property lawfully⁹, namely, by finding, but if he did not, by bringing the action the plaintiff waives¹¹ the trespass¹²; no damages can therefore be recovered for the taking, all must be for the conversion¹³. 17 Pick. 1; Anthon, 156; 21 Pick. 559; 7 Monr. 209; 1 Metc. 172.

2. It will be proper to consider the subject with reference, 1. To the thing converted. 2. The plaintiff's right. 3. The nature of the injury. 4. The pleadings. 5. The verdict and judgment¹⁴.

3. - 1. The property affected¹⁵ must be some personal chattel⁷; 3, Serg. & Rawle, 513; and it has been decided¹⁶ that trover lies for title deeds; 2 Yeates, R. 537; and for a copy of a record. Hardr. 111. Vide 2 T. R. 788; 2 Salk. 654; 2 New Rep. 170; 3 Campb. 417; 3 Johns. R. 432; 10 Johns. R. 172; 12 Johns. R. 484; 6 Mass. R. 394; 17 Serg. & Rawle, 285; 2 Rawle, R. 241. Trover will be sustained for animals ferae naturae, reclaimed¹⁷. Hugh. Ab. Action upon the case of Trover and Conversion, pl. 3. But trover will not lie for personal property in the custody¹⁸ of the law, nor when the title to the property can be settled only by a peculiar¹⁹ jurisdiction²⁰; as, for example, property taken on the high seas, and claimed as lawful¹⁰ prize, because in such case, the courts of admiralty have exclusive jurisdiction. Cam. & N. 115, 143; but see 14 John. 273. Nor will it lie where the property bailed²¹ has been lost by the bailee, or stolen from him, or been destroyed by accident or from negligence²² case is the proper remedy. 2 Iredell, 98.

4.-2. The plaintiff must at the time of the conversion have had a property in the chattel either general or special; 1 Yeates, R. 19; 3 S. & R. 509; 15 John. R. 205, 349; 16 John. R. 159; 1 Humph. R. 199; he must also have had actual possession or right to immediate²³ possession. The person who has the absolute or general property in a personal chattel may support this action, although he has never had possession, for it is a rule that the general property of personal chattels creates a constructive²⁴ possession. 2 Saund. 47 a, note 1; Bac. Ab. Trover, C; 4 Rawle, R. 185. One who has a special property, which consists in the lawful custody of goods with a right of detention²⁵ against the general owner, may maintain trover. Story, Bailm. 93 n.

5. - 3. There must have been a conversion, which may have been effected, 1st. By the wrongful taking of a personal chattel. 2d. By some other illegal assumption of ownership, or by illegally using or misusing²⁶ it; or, 3d. By a wrongful detention., Vide Conversion.

6. - 4. The declaration should state that the plaintiff Was possessed²⁷ of the goods (describing them) as of his own property, and that they came to the defendant's possession by finding; and the conversion should be properly averred²⁸, as that is the gist²⁹ of the action. It is not indispensable to state the price or value of the thing converted. 2 Wash. 192. See 2 Cowen, 592 13 S. & R. 99; 3 Watts³⁰, 333; 1 Blackf. 51; 1 South 211; 2 South. 509. Vide form, 2 Chitty's Pl. 370, 371. The usual plea is not guilty, which is the general issue. Bull. N. P. 48.

7. - 5. The verdict should be for the damages sustained, and the measure of such damages is the value of the property at the time of the conversion, with interest. 17 Pick. 1; 7 Monr. 209; 1 Mete³¹. 172; 8 Port. R. 191; 2 Hill, 132; 8 Dana, 192. The judgment, when for the plaintiff, is that he recover his damages and costs; 1 Chit. Pl. 157; when for the defendant, the judgment is that he recover his costs. Vide, generally, 1 Chit. Pl. 147 to 157 Chit. Pr. Index, h. t.; Bac. Ab. h. t.; Dane's Ab. h. t. Vin. Ab. h. t.; Com. Dig. Action upon the case upon trover; Id. Pleader, 2 I; Doct. Pl. 494; Amer. Digests, h. t.; Bouv. Inst. Index, h. t. As to the evidence to be given in actions of trover, see Rose. Civ. Ev. 395 to 412.