TRANSFEREE. He to whom a transfer is made.
TRANSFERENCE, Scotch1 law. The name of an action by which a suit, which was pending2 at the time the parties died, is transferred from the deceased to his representatives, in the same condition in which it stood formerly3. If it be the pursuer who is dead, the action is called a transference active; if the defender4, it is a transference passive. Ersk. Prin. B. 4, t. 1, n. 32.
TRANSFEROR. One who makes a transfer.
TRANSGRESSION5. The violation6 of a law.
TRANSHIPMENT, mar7. law. The act of taking the cargo8 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 Marsh9. 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. 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 venue10 may lawfully11 be laid in any county, though the cause of action arose out of the jurisdiction12 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 symbolical13 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.
