Blacks Law Dict. 1st ed

1150

TAIL FEMALE

TAKE UP

any great lord, upon his subjects, 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 pared that it is not in the owner's free power to dispose of it, but it is, by the first giver, cut or divided from all other, and tied to the issue of the donee,—in short, an es tate-tail. Wharton. TAILZIE. In Scotch law. An entaiL A tailzied fee is that which the owner, by exercising his inherent right of disposing of his property, settles upon others than those to whom it would have descended by law. 1 Forb. Inst. pt. 2, p. 101. TAINT. A conviction of felony, or th» person so convicted. Cowell. TAKE. 1. To lay hold of; to gain or re ceive 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 pub lic uses without just compensation. 9 Ind. 433. 2. To obtain or assume possession of a chattel unlawfully, and without the owner's consent; to appropriate things to one's own use with felonious intent. Thus, an actual taking 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 process. Thus, a capias commands the of ficer to take the body of the defendant. 4. To acquire the title to an estate; to re ceive an estate in lands from another per son by virtue of some species of title. Thus, one is said to "take by purchase," "take by descent," "take a life-interest under the de vise," etc. 5. To receive the verdict of a jury; to su perintend the delivery of a verdict; to hold a court. The commission of assize in England empowers the judges to take the assizes; that is, according to its ancient meaning, to take the verdict of a peculiar species of jury called an "assize;" but, in its present mean ing, "to hold the assizes." 3 Bl. Comm. 59, 185. TAKE UP. A party to a negotiable in strument, particularly an indorser or accept or, is said to "take up" the paper, or to "re tire" it, when he pays its amount, or substi tutes other security for it, and receives it again into his own hands.

limitation over to a third person on default of such descendants, when it vests in such tkird person or remainder-man. Wharton. TAIL FEMALE. When lands are given to a person and the female heirs of his or her body, this is called an "estate tail female," and the male heirs are not capable of inheriting it. TAIL GENERAL. An estate in tail granted to one "and the heirs of his body begotten," which is called "tail general" because, how often soever such donee in tail be married, his issue in general by all and every such marriage is, in successive order, capable of inheriting the estate tail per for tnam doni. 2 Bl. Comm. 113. This is where an estate is limited to a man and the heirs of his body, without any restriction at all; or, according to some authorities, with no other restriction than that in relation to sex. Thus, tail male general is the same thing as tail male; 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 general is an estate in tail female. The word "general,"in the phrase, expresses a purely negative idea, and may denote the absence of any restriction, or the absence of some given restriction which is tacitly under stood. Mozlev & Whitlev. TAIL MALE. When lands are given 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. TAIL SPECIAL. An estate in tail where the succession is restricted to certain heirs of the donee's body, and does not go to all of them in general; e. g., where lands and tenements are given to a man and "the heirs of his body on Mary, his now wife, to be begotten;" here no issue can inherit but such special issue as is engendered between them two, not such as the husband may have by another wife, and therefore it is called "special tail." 2 Bl. Comm. 113. It is defined by Cowell as the limitation of lands and tenements to a man and his wife and the heirs of their two bodies. But the phrase need not be thus restricted. Tail special, in its largest sense, is where the gift is restrained to certain heirs of the donor's body, and does not go to all of them in general. Mozley & 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. Fr. In old French law. A tax or assessment levied by the king, or by

Archive CD Books USA