Page:Black's Law Dictionary (Second Edition).djvu/1143

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ishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin.

Talia inter-pretntio semper fiends. est. ut evitctur ubsurdum et innouveniens, at no juiliclum sit illusox-ium. l Coke. 52. Interpretation is always to be made in such a manner that what is absurd and inconven- ient may be avoided, and the judgment he not illusory.

Tiilis non est eadem; nnm uullum simile est idem. 4 Cake, 18. What is like is not the same; for nothing similar is the same.

Talia rel, vel tale rectum, quin vel quad nun est in homine ndtuuc superstite led tnntummodo est et consistit in consider-atione et intelligentia. legis, at quad alii dixerunt talein rem vel tale rectum fore in nuhibus. Such a thing or such a right as is not vested in a person then living, but merely exists in the consideration and contemplation of law [is said to be in abeyance,] and others have said that such a thing or such a right is in the clouda. Co. Lltt. 342.

TALITER PROCESSUM EST. Upon pleading the judgment of an inferior court. the proceedings preliminary to such judgment, and on which ti1e same was founded, most, to some extent, appear in the pleading, but the rule is that they may -be alleged with a general allegation that “snch proceedings were had," instead of a detailed account of the pioceedmgs themselves, and this general allegation is called the “tower procession est." A like concise mode of stating former proceedings in a suit is adopted at the present day in chancery pinceedings upon petitions and in actions in the nature of bills of revivur and supplement Brown.

TALLAGE. A word used metaphorically for a share of i1 man's substance paid by way of tribute. toll, or tax. being: derived from the French “talLicr," which signifies to cut a piece out of the whole. Con ell. See Shite v. Switzier. 143 M0. 287. 45 S. W. 245. 40 L. R. A. 280, 65 Am St. Rep. 653: n.l:e Shore, etc., R. Co. v. Grand Rapids, 102 Mich. 374, 60 N. W. 767. 29 L. R. A. 195.

TALLAGERS. Tax or toll gatherers; mentioned by Chaucer.

TALLAGIUM. L. Lat. Aterm including ail taxes. 2 Inst. 532: People v. Brooklyn, 9 l’.arb. (N. Y.) 551; Bernards Tp. v. Allen. 61 N. J. Law. 228. 39 AIL 716.

—'1‘n.1la.gium fat.-ere. To give up account: in the exchcunei, where the method of accounting was by tallies.

TALLATIO. lies. Cowell.

A keeping account by tel-



TALLEY, or TALLY. A stick cut into

two parts, on each “hereof is marked, with notches or otherwise, what is due between debtor and creditor. It was the ancient mode of keeping accounts. One part was held by the creditor, and the other by the dehtor. The use of tallies in the exchequer was abolished by St 23 Geo. III. c. 82, and the old tallies were ordered to be destroyed by St. 4 & 5 Wm. IV. c. 15. Wharton. —Tsllies of loan. A term criglnally used in England to describe excheqner hills, which were issued by the officers of the exchequcr when a temporary loan “as necessary to meet the ex- igencies of the government, and charged on the credit of the exchequer in general, and made assignable from one person to another. Briscoe v. Bank of Kentucky. 11 Pet 328, 9 L. Ell. 709.—'1‘n1ly trade. A system of dealing by which dealers furnish cermin articles on credit. upon an agreement for the payment of the stipulated price by certain weekly or monthly installments. McCul. Dict.

TALLIA. L. Lat. A tux or tribute; Lallage; a share taken or out out of any one’s income or means. Spelman.

T.£LLTAR'lJM’s CASE. A case reported in Yenrb. 12 Edw. IV. 19-21, which is re- garded as having established the foundation of common recoveries.

TAM QUAM. A phrase used as the name or a writ of error from interior courts, when the error is supposed to be as well in giving the judgment as in awarding execution upon it. (Tam in redditione jurlicii. quam in ad- judicafiane ea-ecutianis.)

A reiiire tam. quam was one by which a jury was summoned, as well to try an issue as to inquire of the damages on a default. 2 Tidd. Pr. 722. 895.

TAME. Domesticated; accustomed to man; reclaimed from a natural state of wild- ness. In the Latin phrase. tame animals are described as domiziz naturiz.

TAM]-ZN. Lat. Notwithstanding; neverthelcss: yet.

TANGIBLE PROPERTY. Property which may he touched; such as is perceptible to the senses: corporeal property, whether real or personal. The phrase is used in opposition to such species of property as patents, franchises. copyrights. rents, ways, and incorporeal property generally.

TANISTRY. In old Irish law. A species of tenure. founded on ancient nsme. which allotted the inheritance of lands, castles, etc. to the “oldest and wortiiiest man of the deceused’s name and lilood." It was abolished in the reign of James I. Jacob; Wharton.

-ranasma. In old English law. Tunnery: the trade or business of a tanner

Fleta, lib. 2, c. 52, § 35.