Blacks Law Dict. 1st ed

1151

TALLY TRADE

TAKER

thing or such a right as Is not vested in » 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 clouds. Co. Litt. 342. TALITER PROCESSUM EST. Upon pleading the judgment of an inferior court, the proceedings preliminary to such judg ment, and on which the same was founded, must, to some extent, appear in the plead ing, but the rule is that they may be alleged with a general allegation that "such pro ceedings were had," instead of a detailed account of the proceedings themselves, and this general allegation is called the " taliter processum est." A like concise mode of stating former proceedings in a suit is adopted at the present day in chancery pro ceedings upon petitions and in actions in the nature of bills of revivor and supplement. Brown. TALLAGE. A word used metaphorical ly for a share of a man's substance paid by way of tribute, toll, or tax, being derived from the French "tattler," which signifies to cut a piece out of the whole. Cowell. TALLAGERS. Tax or toll gatherers; mentioned by Chaucer. TALLAGIUM. A term including all taxes. 2 Inst. 532. TALLAGIUM FACERE. To give up accounts in the exchequer, where the method of accounting was by tallies. TALLATIO. A keeping account by tal lies. Cowell. TALLEY, or TALLY. A stick cut in to two parts, on each whereof is marked, with notches or otherwise, what is due be tween debtor and creditor. It was the an cient mode of keeping accounts. One part was held by the creditor, and the other by the debtor. The use of tallies in the excheq uer was abolished by St. 23 Geo. III. c. 82, and the old tallies were ordered to be de stroyed by St. 4 & 5 Wm. IV. c. 15. Whar ton. TALLIA. L. Lat. A tax or tribute; tallage; a share taken or cut out of anyone's income or means. Spelman. TALLY TRADE. A system of dealing by which dealers furnish certain articles on credit, upon an agreement for the payment of the stipulated price by certain weekly or monthly installments. McCul. Diet.

TAKER. One who takes or acquires; particularly, one who takes an estate by de vise. When an estate is granted subject to a remainder or executory devise, the devisee of the immediate interest is called the "first taker." TAKING. In criminal law and torts. The act of laying hold upon an article, with or without removing the same. TALE. In old pleading. The plaintiff's count, declaration, or narrative of his case. 8 Bl. Comm. 293. The count or counting of money. Said to be derived from the same root as "tally." Cowell. "Whence also the modern word " tell er." TALES. Lat. Such; such men. When, by means of challenges or any other cause, a sufficient number of unexceptionable jurors does not appear at the trial, either party may pray a "tales," as it is termed; that is, a sup ply of such men as are summoned on the first panel in order to make up the deficiency. Brown. TALES DE CTRCUMSTANTIBUS. So many of the by-standers. The emphatic words of the old writ awarded to the sheriff to make up a deficiency of jurors out of the persons present in court. 3 Bl. Comm. 365. TALESMAN. A person summoned to act as a juror from among the by-standers in the court. TALIO. Lat. In the civil law. Like for like; punishment in the same kind; the pun ishment of an injury by an act of the same kind, as an eye for an eye, a limb for a limb, etc. Calvin. Talis interpretatio semper fienda est, at evitetur absurdum et inconveniens, et ne judicium sit illusorium. 1 Coke, 52. Interpretation is always to be made in such a manner that what is absurd and in convenient may be avoided, and the judg ment be not illusory. Talis non est eadem; nam nullum simile est idem. 4 Coke, 18. What is like Is not the same; for nothing similar is the same. Talis res, vel tale rectum, quse vel quod non est in nomine adtunc super Btite sed tantummodo est et consistit in consideratione et intelligentia legis, et quod alii dixerunt talem rem vel tale rectum fore in nubibus. Such a

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