TESTATUM - Steven J. Coker
Subject: TESTATUM
From: Steven J. Coker
Date: September 29, 1998

Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier
  CHILDS & PETERSON, PHILADELPHIA

TESTATUM, practice. The name of a writ which is issued by the court of one
county, to the sheriff of another county, in the same state, when the defendant
cannot be found in the county where the court is located; for example, after a
judgment has been obtained, and a ca. sa. has been issued, which has been
returned non est inventus, a testatum ca. sa. may be issued to the sheriff of
the county where the defendant is....

TESTATUM, conveyancing. That part of a deed which commences with the words "this
indenture witnesseth." 

TESTE, practice. The teste of a writ is the concluding clause, commencing with
the word witness, &c. 

TESTES. Witnesses. 

TO TESTIFY. To give evidence according to law; the examination of a witness who
declares his knowledge of facts. 

TESTIMONIAL PROOF, civ. law. This word is used in the same sense as we use parol
evidence, and, in contradistinction to literal proof, which is written evidence. 

TESTIMONY, evidence. The statement made by a witness under oath or
affirmation....

TESTMOIGNE. This is an old and barbarous French word, signifying in the old
books, evidence....

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