TOUR D'ECHELLE, French law. Tour d'echelle is a right which the owner of an estate has of placing ladders on his neighbor's property to facilitate the reparation of a party wall, or of buildings which are supported by that wall. It is a species of servitude. Lois des Bat. part 1, c. 3, sect1. 2, art. 9, 1.
2. In another sense by this term, or echellage, is understood the space of ground left unoccupied around a building for the purpose of enabling the owner to repair it with convenience; this is not a servitude, but an actual corporeal2 property. Td. part 1, c. 3, sect. 2, art. 9, 2.
TOUT3 TEMPS PRIST, pleading. These old French words signify always ready. The name of a plea to an action where the defendant4 alleges5 that he has always been ready to perform what is demanded of him; and he adds that he is still ready, uncore prist. 3 Bl. Com. 303; 20 Vin. Ab. 306; Com. Dig. Pleader, 2 Y 5.
TOWAGE, contracts. That which is given for towing ships in rivers. Guidon de la Mer, ch. 16; Poth. Des Avaries, n. 147; 2 Chit. Com. Law, 16.
TOWN. This word is used differently in different parts of the United States. In Pennsylvania and some other of the middle states, it signifies a village or a city. In some of the northeastern states it denotes a subpision of a county, called in other places a township.
TRADE. In its most extensive signification this word includes all sorts of dealings by way of Bale or exchange. In a more limited sense it signifies the dealings in a particular business, as the India trade; by trade is also understood the business of a particular mechanic, hence boys are said to be put apprentices6 to learn a trade, as the trade of a carpenter, shoemaker, and the like. Bac. Ab. Master and Servant, D 1. Trade differs from art.
2. It is the policy of the law to encourage trade, and therefore all contracts which restrain the exercise of a man's talents in trade are detrimental7 to the commonwealth8, and therefore void; though he may bind9 himself not to exercise a trade in a particular place, for, in this last case, as he may pursue it in another place, the commonwealth has the benefit of it. 8 Mass. 223; 9 Mass. 522. Vide Ware10 R. 257, 260 Com. Dig. h. t.; Vin. Ab. h. t.
