Page:Black's Law Dictionary (Second Edition).djvu/1142

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


TAIL, ESTATE IN

the word “general." in such case. implying that there is no other restriction upon the descent of the estate than that it must go in the male line. So an estate in tail female izene-rol is an estate in tail female. The word “generzLl." in the phrase. expresses a purely negative idea, and may denote the absence of any restriction, 0 or the absence of some given restriction which IS tacitly understood. Mazlev & Whitie_s.—Tni.1 nrnle. “bcn lands are givcn to a person and the male heirs of his or her body. this is called an “estate tail male." and the female heirs are not capable of inheriting it.—Ta.il special. An estate in tail where the succession is restricted to certain heirs of the doncc’s body, and does not go to all of them in general: 9. 17., where lands and tenements are given to a man and “the heirs of his body on Mary, his now wife. to be hegotten;" here no issue can inherit but such spr‘('inl issue as is cmxcnrlered between those two. not such as the husband may have IV another wife, and therefore it is called ‘special tail." 2 Bl. (‘.-nmm. 113. It is defined by Cowell as the limitation of lands and tens- ments to s l]]'llJ and his wife and the heirs of their two bodies. But the phrase need not be thus restricted Tail special. in lts largest sense. is where the gift is restrained to certain B heirs of the donor's body, and does not go to all of them in general. Mozley Sr Whitley.

TAILAGE. A piece cut out of the whole; a share of one's substance paid by way of tribute; a toll or tax. Cowell.

TAILLE. F1‘. In old French law. A tax or ussessuient levied by the king, or by any great lord, upon his sulijects, usually taking the form of an imposition upon the

owners of real estate. Brande.

In old English law. The fee which is opposed to fee-simple, because it is so minced or pained that it is not in the owner's free power to dispose of it, but it is, by the first gi\ er, cut or divided from all other, and tied to the issue of the donee,—in short, on estate-taii. Wharton.

TAILZIE. In Scotch law. An entail. A tailzied fee is that which the owner, by exer- cising his inherent right of disposing of his property, settles upon others than those to whom it would have dcscendad 'by luw. 1 Forb. Inst. pt 2, p. 101.

TAINT. A conviction of felony, or the person so convicted. Cowell.

TAKE. 1. To lay hold of; to gain or receive into possession; to seize; to deprive one of the possession of: to assume ownership. Thus. it is a constitutional provision that a man's property shall not be taken for public uses without just compensation. Ev- ansviiie & C. R Co. v. Dick. 9 Ind. 433

2. To obtain or assume possession of a chattel unlmvfully, and without the owner's consent; to i1]\[i1'O[)l'L1l:e things to one's own use with felonious intent Thus, an actual ta.k*iu(,7 is essential to constitute larceny. 4 Bl. Comm. 430.

3. To seize or apprehend a person; to arrest the body of a person by virtue of lawful

1134

TA LIO

process. Thus, :1 cupias commands the officer to take the body of the defendant

4. To acquire the title to an estate: to receive sn estate in lands from another person by virtue of some species of tit'e Thus, one is said to “take by purchase." “lake by descent." “take a llte-interest under the devise." etc.

5. To receive the verdict of a jury; to su- perintend the delivery of a verdict; to hold a court. The commission of nssize in England empowers the judges to lake the ass:-3; that is, according to its ancient meaning. to take the verdict of a peculiar species of jury called an "assi7.e:" but. in its present meaning. “to hold the assizes.” 3 BL Comm. 5!). 185.

—Tnke up. A party to a negotiuhie instru- ment, particuiurly un lndorser or acceptor. is said to "take up" the paper, or to "retire“ it, when he pays its amount, or substitutes other security for it, and receives it sg '11 into his own hands. See Hartzell v. Mcclurg, 5-i Neb 316, 74 N. W. 626.

TAKER. One who takes or acquires; particularly, one who takes an estate by do vise. When on estate is granted subject to a remainder or executory devise, the derisee of the immediate interest is called the "first taker."

TAKING. In criminal law and torts. The act or laying hold npou an article, with or without removing the same.

TALE. In old pleading. The pl:1ini'iii"s count, declaration, or narrative of his case. 3 Bl. Comm. 293.

The count or counting of money. Said to be derived from the same root as “talJy."

Cowell. Whence also the modern word “tali- er." TALES. Lat Such; such men. When,

by means of cluillenges or any other cause. 11 sufficient number of unexceptionable jurors does not appear at the trial. either party may pray at “roles." as it is termed; that is, a supply of such men as are summoned on the first panel in order to make np the deficiency. Brown. See State v. Mccrystoi, 43 La. Ann. 907. 9 South. 922; Railroad Co. v. Mask. 64 Miss. 7238, 2 South. 360.

TALES DE CIRCUMSTANTIBUS. SO many of the by-standers. The emphatic words of the old writ awarded to the sherlii to make up a deficiency of jurors out of the persons present in court 3 Bl. Comm. %.

TALESMAN. A person summoned to act as a juror from among the by-standers in the court. Lineh.-in v. State. 113 Ala. 70. 21 South. 497; shields v. Niagara County Sav. Bank, 5 Thomp. Sr C. (N. Y.) 587.

TALIO. Lat. In the civil law. Like for

like; punishment in the same kind; the pun-