Page:Encyclopædia Britannica, Ninth Edition, v. 23.djvu/622

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TSA — TSC


register, does not apply to Scotland. A trustee, a member of a joint-stock company, though entered on the register as a trust disponee, may incur personal liability as a partner, unless the contrary be expressed. Liability under such circumstances was established in the litigation which followed the suspension of the City of Glasgow Bank in 1878.[1] A sheriff court has jurisdiction over actions of declarator, relating to questions of heritable right or title, where the value of the subject in dispute does not exceed £50 by the year or £1000 in value (40 and 41 Vict. c. 50). A judicial factor may be appointed by the sheriff court where the yearly value of the estate does not exceed £100 (43 and 44 Vict, c. 4). Fraudulent trustees are criminally liable at common law, not by statutory enactment, as in England. Adjudication on a trust bond is a mode of obtaining the decision of the Court of Session on a bond by a fictitious creditor, for the purpose of giving title to the heir, by preventing his liability to possible passive representation. It is regulated by 1695, c. 24.[2]

United States.—In New York and some other States uses and trusts have been abolished (with certain exceptions), and every estate, subject to those exceptions, is deemed a legal right cognizable in courts of law. The exceptions are in New York implied trusts and express trusts to sell land for the benefit of creditors, to sell, mortgage, or lease lands for the benefit of legatees, or for the purpose of satisfying any charge thereon, to receive the rents and profits of lands and apply them to the use of any person during the life of such person or any shorter term, or to receive such rents and profits, and accumulate the same within the limits allowed by the law. Trusts of personalty for public purposes are very generally allowed in States where private trusts do not exist. Provisions similar to those of the English Statute of Frauds have been generally adopted by the States which recognize private trusts. Some States go further than the statute and allow the creation of trusts (other than those arising by implication or operation of law) only by means of will or deed. Where the trust is of real estate, the deed must generally be registered (see Registration). Forms of deeds of trust are given in the Statutes of Virginia and other States. The English doctrine of cy près seems to have been adopted only in Pennsylvania. Conveyances in trust for the settlor are generally void against creditors by the policy of the Acts of Elizabeth. By the legislation of some States a freehold may commence in futuro without the operation of the Statute of Uses. Societies of professional trustees, receiving a percentage of the income of the property as payment for their trouble and liability, are frequently recognized by law. Such societies are generally under an obligation to make periodical returns of their receipts and expenditure. A public trustee as a corporation sole exists in some States. Trustee process in the New England States is what is generally known as garnishee process in England, that is, a means of reaching property and credits of a debtor in the hands of third persons for the benefit of an attaching creditor.[3](J. W†.)

TSARITSYN, a district town of the government of Saratoff, Russia, situated on the right bank of the lower Volga where it suddenly turns towards the south-east, only 40 miles distant from the Don. It is the terminus of a railway line which begins at Riga and, running southeastwards, crosses all the main lines which radiate from Moscow to the south. It is also connected by rail with Katatch on the Don, where merchandise from the Sea of Azoff is disembarked and transported by rail to Tsaritsyn, to be sent thence by rail or steamer to different parts of Russia. Corn from Middle Russia for Astrakhan is trans ferred from the railway to boats at Tsaritsyn; timber and wooden wares from the upper Volga are unloaded here and sent by rail to Katatch; and fish, salt, and fruits sent from Astrakhan by boat up the Volga are here unloaded and despatched by rail to the interior of Russia. The town has grown rapidly since the completion of the rail way system, and has a large trade in naphtha from Baku, which is shipped up the Volga to Tsaritsyn and sent thence by rail to the interior of Russia. The railway between the Baskunchak salt lakes of Astrakhan and the Volga has made Tsaritsyn also a depot for the salt trade. In 1882 10,000,000 cwts. of merchandise, valued at one million sterling, were lauded at Tsaritsyn, and since then the figures have notably increased. In addition Tsaritsyn is the centre of the trade connected with the mustard plantations of Sarepta, Dubovka, and the neighbourhood; 170,000 cwts. of mustard seed are either ground or con verted into oil annually, the exports being 70,000 cwts. of mustard and half the corresponding quantity of oil (valued at 250,000). The fisheries of the place are also important. The population (6750 in 1861) numbered 31,220 in 1882. It is still larger in summer, Tsaritsyn having become the gathering -place of poor people in search of work, and the misery and filth in its poorer quarters are very great. The buildings of the town do not improve proportionately with the increase of wealth. They include a (wooden) theatre, a public library, and two gymnasia for boys and girls. The old church of St John (end of 16th century) is a fine specimen of the architecture of its period.

Tsaritsyn was founded in the 16th century, when a fort was erected to prevent the incursions of the free Cossacks and runaway serfs who gathered on the lower Volga, as also those of the Kalmucks and Circassians. In 1606 Tsaritsyn took part in the rising in favour of the false Demetrius, and Razin took the town in 1670. The Kalmucks and Circassians of the Kuban attacked it repeatedly in the 17th century, so that it had to be fortified by a strong earthen and palisaded wall, traces of which are still visible.

TSARSKOYE SELO, a district town of Russia, in the government of St Petersburg, and an imperial residence, 18 miles to the south of the capital, is situated on the Duderhof Hills and consists of the town proper, surrounded by several villages and a German colony, which are summer resorts for the inhabitants of St Petersburg, and the imperial parks and palaces. The town is built according-to a regular plan, and its houses, a great number of which have been erected by the crown, are nearly all surrounded by gardens. The cathedral of St Sophia is a miniature copy of that at Constantinople. The town has two gymnasia for boys and girls. The imperial parks and gardens cover 1680 acres; the chief of them is the "old" garden containing the "old palace," built by Rastrelli, the gallery of Cameron adorned with fine statues, and numerous pavilions and kiosks. The population numbered 15,000 in 1885.

When Peter I. took possession of the mouth of the Neva a Finnish village, Saari-mois, stood on the site now occupied by the town, and its Russified name Sarskaya was changed into Tsarskoye when Peter I. presented it to his wife Catherine. It was especially embellished by Elizabeth. Under Catherine II., a town, Sophia, was built close by, but its inhabitants were transferred to Tsarskoye Selo under Alexander I. The railway connecting the town with St Petersburg (1838) was the first to be constructed in Russia.

TSCHUDI, or Schudy, the name of one of the oldest and most distinguished families of the land of Glarus, Switzerland. From 1029 to 1253 a member of the clan held the office of steward of the abbess of Säckingen on the Rhine, the lady of the manor; and after Glarus joined the Swiss Confederation in 1352 various members of the family held high political offices at home, and were distinguished abroad as soldiers and in other ways. In literature, its most eminent member was Giles or Ægidius Tschudi (1505-1572), who, after having served his native land in various offices, in 1558 became the chief magistrate or "landammann." Originally inclined to moderation, he became later in life more and more devoted to the cause of the counter-Reformation. It is, however, as the historian of the Swiss Confederation that he is best known; by incessant wanderings and unwearied researches amongst original documents he collected material for three great works, which therefore can never wholly lose their value, though his researches have been largely supplemented and corrected by those of more recent students. In 1538 his book on Rhaetia, written in 1528, was published in Latin and in German—De prisca ac vera Alpina Rhætia, or Die uralt wahrhafftig Alpisch Rhätia.

His other works were not published until long after his death.


  1. The principal case was Muir v. City of Glasgow Bank, Law Reports, 4 Appeal Cases, 337.
  2. See G. J. Bell, Principles, §§ 1991-2001; R. Bell, Law Dict., s.v. "Trust" and "Trustee."
  3. See Washburn, Real Property, vol. ii., bk. ii., chaps. ii., iii.; Stimson, American Statute Law, §§ 1700-1754.