英文法律词典 T-8

TAXING COSTS, practice. The act by which it is ascertained¹ to what costs a party is entitled.

2. It is a rule that the jury must assess the damages and costs separately, so that it may appear to the court that the costs were not considered, in the damages; and when the jury give costs in an amount insufficient² to answer the costs of the suit, the plaintiff may pray that the officer may tax the costs, and such taxation³ is inserted in the judgment⁴: this is said to be done ex assensu of the plaintiff, because at his prayer. Bac. Ab. Costs, K. The costs are taxed in the first instance, by the prothonotary or clerk of the court. See 2 Wend. R. 244; 1 Cowen, R. 591; 7 Cowen, R. 412; 2 Yerg. R. 245, 310; 6. Yerg. R. 412; Harp⁵. R. 326; 1 Pick. R. 211; 10 Mass. R. 26; 16 Mass. R. 370. A bill of costs having been once submitted to such an officer for taxation, cannot be withdrawn⁶ from him and referred to another. 2 Wend. R. 252.

TEAMSTER. One who drives horses in a wagon⁷ for the purpose of carrying goods for hire he is liable as a common carrier. Story, Bailm. §496.

TECHNICAL. That which properly belongs to an art.

2. In the construction of contracts, it is a general rule that technical words are to be taken according to their approved and known use in the trade in which the contract is entered into, or to which it relates, unless they have manifestly been understood in another sense by the parties. 2 B. & P. 164; 6 T. R. 320; 3 Stark⁸. Ev. 1036, and the article Construction.

3. Words which do not of themselves denote that they are, used in a technical sense, are to have their plain, popular, obvious and natural meaning. 6 Watts⁹ & Serg. 114.

4. The law, like other professions, has a technical language. "When a mechanic speaks to me of the instruments aud operations of his trade,", says Mr. Wynne, Eunom. Dial. 2, s. 5, "I shall be as unlikely to comprehend him, as he would me in the language of my profession, though we both of us spoke¹⁰ English all the while. Is it wonderful then, if in systems of law, and especially among the hasty recruits of commentators¹¹, you meet (to use Lord Coke's expression) with a whole army of words that cannot defend themselves in a grammatical war? Technical language, in all cases, is formed from the most intimate knowledge of any art. One words stands for a great many, as it is. always to be resolved into many ideas by definitions. It is, therefore, unintelligible¹², because it is concise¹³, and it is useful for the same reason." Vide Language.

TEINDS, Scotch¹⁴ Law. That liquid proportion of the rents or goods of the people, which is due to churchmen for performing divine service, or exercising the other spiritual functions proper to their several offices. Ersk. Pr. L. Scot. B. 2, t. 10, s. 2. See Tithes¹⁵.

TELLER¹⁶. An officer in a bank or other institution. He is said to take that name from tallier¹⁷, or one who kept a tally¹⁸, because it is his duty to keep the accounts between the bank or other institution and its customers, or to make their accounts tally. In another sense teller signifies a person appointed to receive votes. In England the name of teller is given to certain officers in the exchequer¹⁹.