TRUTH. The actual state of things.
2. In contracts, the parties are bound to toll1 the truth in their dealings, and a deviation2 from it will generally avoid the contract; Newl. on Contr. 352-3; 2 Burr. 1011; 3 Campb. 285; and even concealment3, or suppressio veri, will be considered fraudulent in the contract of insurance. 1 Marsh4. on Ins. 464; Peake's N. P. C. 115; 3 Campb. 154, 506.
3. In giving his testimony5, a witness is required to tell the truth, the whole truth, and nothing but the truth; for the object in the examination of matters of fact, is to ascertain6 truth.
4. When a defendant7 is sued civilly for slander8 or a libel, he may justify9 by giving the truth in evidence; but when a criminal prosecution10 is instituted by the commonwealth11 for a libel, he cannot generally justify by giving the truth in evidence.
5. The constitutions of several of the United States have made special provisions in favor of giving the truth in evidence in prosecutions12 for libels, under particular circumstances. In the constitutions of Pennsylvania, Delaware, Tennessee, Kentucky, Ohio, Indiana and Illinois, it is declared, that in publications for libels on men in respect to their public official conduct, the truth may be given in evidence, when the matter published was proper for public information. The constitution of New York declares, that in all prosecutions or indictments13 for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous14, is true, and was published with good motives15 and for justifiable16 ends, the party shall be acquitted17. By constitutional provision in Mississippi and Missouri, and by legislative18 enactment19 in New Jersey20, Arkansas, Tennessee, Act of 1805, c. 6: and Vermont, Rev21. Stat. tit. 11, c. 25, s. 68; the right to give the truth in evidence has been more extended; it applies to all prosecutions or indictments for libels, without any qualifications annexed22 in restraint of the privilege. Cooke on Def. 61.
TUB, measures. In mercantile law, a tub is a measure containing sixty pounds weight of tea; and from fifty-six to eighty-six pounds of camphor. Jacob's Law Dict. h. t.
TUB-MAN, Eng. law. A barrister who has a pre-audience in the Exchequer23, and also one who has a particular place in court, is so called.
TUMBREL, punishment. A species of cart; according to Lord Coke, a dung-cart.
2. This instrument, like the pillory24, was used as a means of exposure; and according to some authorities, it seems to have been synonymous with the trebucket or ducking stool. 1 Chit. Cr. Law, 797; 3 Inst. 219; 12 Serg. Rawle, 220. Vide Com. Dig. h. t.; Burn's Just. Pillory and Tumbrel.
