TIARY

2 definitions found across Law Mind sources

TIARYAuthored
The Law Mind • 458 words
Definition
"Tiary" does not appear to be a recognized legal term. The Bouvier's Law Dictionary source material supplied under this heading is misattributed: the text describes the parole system and cites an 1898 American Bar Association report by Hon. J. Franklin Fort of Newark, N.J., followed by a list of states that enacted parole legislation. This content belongs to an entry on PAROLE or a related penitentiary/correctional law heading — not to any term called "tiary." The most probable explanation is a digitization or indexing error in which a fragment of a longer word (most likely "PENI-TIARY" or "PENITEN-TIARY," split across a page break or column) was captured as a standalone headword. The truncated source text itself supports this: it transitions immediately into subject matter — convict parole, executive pardon, and state correctional legislation — that is squarely within the scope of a PENITENTIARY entry. No authoritative legal dictionary, treatise, or body of case law recognizes "tiary" as an independent legal term with its own meaning. ---
Why It Matters in Research
Researchers working with digitized historical legal dictionaries — including Bouvier's — will encounter this class of artifact regularly. Page-break truncations, OCR errors, and column-splitting in nineteenth- and early twentieth-century sources can produce apparent headwords that are in fact word fragments. When a headword in a digitized source yields definition text that is topically coherent but terminologically misaligned, the researcher's first move should be to check whether the headword is the tail of a longer word split across a physical page. In this instance, the substantive content (parole, pardon power, and state correctional statutes circa 1898) is researchable and historically significant. The 1898 ABA report by J. Franklin Fort is a real document and reflects the period in which indeterminate sentencing and administrative parole release were being adopted across American jurisdictions. Researchers interested in that content should consult the PAROLE and PENITENTIARY entries directly. ---
Historical Dictionary Support
Bouvier's Law Dictionary is the sole source provided, and the text fragment it supplies contains no definition of "tiary." The passage is internally consistent as penal-law content — referencing Alabama, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, and other states in the context of parole legislation — but it does not define or describe any term called "tiary." No synthesis across historical dictionaries is possible because no such entry exists in the recognized legal lexicon. ---
Related Terms
PAROLE — the subject of the misassigned source text PENITENTIARY — the probable parent headword of which "tiary" is a fragment PARDON — discussed in conjunction with parole in the source passage INDETERMINATE SENTENCE — the doctrinal backdrop to the 1898 parole reform movement
TIARYmain
Bouvier's Law Dictionary • 1928
The subject of granting a parole to con- victs, independently of the exercise of the power of pardon, is the subject of an able report made to the American Bar Associa- tion, 1898, by Hon. J. Franklin Fort of Newark, N. J. Acts have been passed in Alabama, Cali- fornia, Colorado, Connecticut, Idaho, Illinois, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Utah, and Wisconsin. Iowa, Vermont, Virginia, and West Vir- ginia have a system of conditional pardon which has a very similar operation. Mary- land has a statute which permits the trial court to parole any person convicted of a crime not capital, by which he is not sen- tenced, but is subject to recall for sentence at any time. Nearly all of these acts have been passed within the last five years. None of them extend to any person con- victed of murder in the first or second degree, and most of them are limited to persons serving a term for a first offence. In some states there is a further limitation to persons between the ages of 16 and 25 or 30 at the time of their conviction. The committee report that the most carefully considered statute is that of Indiana passed in 1897. The same committee reports on indeter- minate sentences, which it defines as "sen- tences imposed by the court without fixing a definite period of limitation or term of imprisonment, but which simply directs that the convict be imprisoned or placed in the custody of the prison authorities to be held for not less than the minimum nor longer than the maximum fixed by law for the offence for which the prisoner stands convicted." New York, Massachusetts, Pennsylvania, Minnesota, Illinois, Ohic, and Indiana have passed such acts which have worked well in practice. They are mostly confined to prisoners who are first offenders and are between the ages of 16 and 30 years. The committee reported that it was not willing to give this system its unconditional approval, though it might prove successful in connection with the parole system provided the judge whosen- tenced the prisoner should fix a maximum term. Indeterminate sentences as defined by the committee have been sustained as constitutional in 43 Ohio 629; 148 Ill. 413; 167 id. 447; 49 N. E. Rep. (Ind.) 894; 167 Mass. 144. They have been held unconsti- tutional in 88 Mich. 249. The committee report that after careful investigation and correspondence with the executives of various states the system of paroling convicts has been beneficial. In England, by statute, a convict under- going a term of servitude may be set at large by a license granted by the home secretary, who may revoke the license at any time. It is subject to the conditions indorsed upon it, which generally are that the holder shall produce it when called upon to do so by a magistrate or police of- ficer, shall abstain from any violation of the law, shall not habitually associate with notoriously bad characters, and shall not lead an idle and vicious life without visible means of obtaining an honest livelihood. The holder is obliged to report his place of residence to the general officer of the dis- trict where he resides and report himself there once a month. When he removes from one district to another, he must no- tify his removal to the general officer of the old district and report his address to the general officer of the new district. If a licensed convict is indicted and convicted of any offence his license is forfeited there- by. When forfeited the convict is liable to undergo a term of penal servitude equal to the unexpired portion of his original term. See TICKET-OF-LEAVE; SENTENCE.

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