KFLCC Kingdom Law 2nd Ed.

TALIS INTERPRETATIO

1135

TANNERIA

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, nt evitetur absurdnm 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 inconven ient may be avoided, and the judgment 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 reetum, quae vel quod non est in homine adtune super stite sed tantummodo est et consistit in eonsideratione et intelligentia legis, et quod alii dizerunt talem rem vel tale reetum fore in nubibus. 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 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 stat ing former proceedings in a suit is adopted at the present day in chancery proceedings upon petitions and in actions in the nature of bills of revivor and supplement. Brown. TALLAGE. A word used metaphorically 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. See State v. Switzler, 143 Mo. 287, 45 S. W. 245, 40 L. R. A. 280,65 Am. St. Rep. 653; Lake 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 A term including all taxes. 2 Inst. 532; People v. Brooklyn, 9 Barb. (N. T.) 551; Bernards Tp. v. Allen, 61 N. J. Law, 228, 39 Atl. 716. — Tallagium faeere. To give up accounts in the exchequer, where the method of account ing was by tallies. TALLATIO. A keeping account by tal lies. Cowell.

TALLEY, or TALLY. A stick cut into two parts, on each whereof 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 debtor. 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. — Tallies of loan. A term originally used in England to describe exchequer bills, which were issued by the officers of the exchequer when a temporary loan was 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. Ed. 709.— 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 TALLIA. L. Lat A tax or tribute; tal lage; a share taken or cut out of any one's income or means. Spelman. TALTARUM'S CASE. A case reported in Yearb. 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 of a writ of error from inferior courts, when the error is supposed to be as well in giving the judgment as in awarding execution upon i t (Tom in redditione judicii, quam in ad judication executionis.) A venire tarn 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 domitv natures. TAMEN. Lat. Notwithstanding; never theless ; yet. TANGIBLE PROPERTY. Property which may be touched; such as is perceptible to the senses; corporeal property, whether real or personal. The phrase is used in op position to such species of property as pat ents, franchises, copyrights, rents, ways, and incorporeal property generally. TANISTRY. In old Irish law. A spe cies of tenure, founded on ancient usage, which allotted the inheritance of lands, cas tles, etc., to the "oldest and worthiest man of the deceased's name and blood." It was abolished in the reign of James I. Jacob; Wharton. TANNERIA. In old English law. Tan nery; the trade or business of a tanner Fleta, lib. 2, c 52, § 35.