TABELLIO. An officer among the Romans who reduced to writing and into
proper form, agreements, contracts, wills, and other instruments, and witnessed
their execution. The term tabellio is derived from the Latin tabula, seu
tabella, which in this sense, signified those tables or plates covered with wax
which were then used instead of paper. 8 Toull. n. 5; Delauriere, sur Ragneau,
2. Tabelliones differed from notaries in many respects: they had judicia
jurisdiction in some cases, and from their judgments there were no appeals.
Notaries were then the clerks or aiders of the tabelliones, they received the
agreements of the parties, which they reduced to short notes; and these
contracts were not binding until they were written in extenso, which was done by
the tabelliones. Encyclopedie de, M. D'Alembert, mot Tabellion; Jac. Law. Dict.
Tabellion; Merlin, Repertoire, mot Notaire, §1; 3 Giannone's Istoria di Napoli,
TABLEAU OF DISTRIBUTION. In Louisiana this is a list of creditors of
an insolvent estate, stating what each is entitled to. 4 N. S. 535.
TABLES. A synopsis in which many particulars are brought together in a
general view; as genealogical tables, which are composed of the names of persons
TABULA IN NAUFRAGIO, Engl. law. Literally a plank in a wreck. This
figure has been used to denote the condition of a third mortgagee, who obtained
his mortgage without any knowledge of a second mortgage, and then, being puisne,
takes the first encumbrance; in this case he shall squeeze out and have
satisfaction before the second. 2 Ves. 573; 2 Fonbl. Eq. B. 3, c. 2, §2; 2
Ventr. 337; 1 Ch. Cas. 162; 1 Story, Eq. §§414, 415; and Tacking.
TACIT. That which, although not expressed, is understood from the
nature of the thing, or from the provision of the law; implied.
TACIT LAW. A law which derives its authority from the common consent
of the people, without any legislative enactment. 1 Bouv. Inst. n. 120.
TACK, Scotch law. A contract of location by which the use of land, or
any other immovable subject, is, set to the lessee or tacksman for a certain
yearly rent, either in money, the fruits of tho ground, or services. Ersk. Prin.
Laws of Scot. B. 2, t. 6, n. 8; 1 Tho. Co. Litt. 209. This word is nearly
synonymous with lease.
TACKING, Engl. law. The union of securities given at different times,
so as to prevent any intermediate purchasers claiming title to redeem, or
otherwise discharge one lien, which is prior, without redeeming or discharging
other liens also, which are subsequent to his own title. Jer. Eq. Jur. B. 1, c.
2, §1, p. 188 to 191; 1 Story, Eq. Jur. §412.
2. It is an established doctrine in the English chancery that a bona fide
purchaser and without any notice of a defect in his title at the time of the
purchase, may lawfully buy any statute, mortgage, or encumbrance, and if he can
defend by those at law, his adversary shall have no help in equity to set those
encumbrances aside, for equity will not disarm such a purchaser. And as
mortgagees are considered in equity as purchasers pro tanto, the same doctrine
has extended to them, and a mortgagee who has advanced his money without notice
of any prior encumbrance, may, by getting an assignment of a statute, judgment,
or recognizance, protect himself from any encumbrance subsequent to such
statute, judgment or recognizance, though prior to his mortgage; that is, he
will be allowed to tack or unite his mortgage to such old security, and will by
that means be entitled to recover all moneys for which such security was given,
together with the money due on his mortgage, before the prior. mortgagees are
entitled to recover anything. 2 Fonbl. Eq. 306; 2 Cruise, t. 15, c. 5, s. 27;
Powell on Morg. Index, h. t.; 1 Vern. 188; 8 Com. Dig. 953; Madd. Ch. Index, h.
3. This doctrine is inconsistent with the laws of the several states, which
require the recording of mortgages. Caines' Cas. Er. 112; 1 Hop. C. R. 231; 3
Pick. 50; 2 Pick. 517.
4. The doctrine of tacking seems to have been acknowledged in the civil law,
Code, 8, 27, 1; but see Dig. 13, 7, 8; and see 7 Toull. 110. But this tacking
could not take place to the injury of intermediate encumbrancers. Story on Eq.
§1010, and the authorities cited in the note.
TAIL. An estate tail is an estate of inheritance, to a man or a woman
and his or her heirs of his or her body, or heirs of his body of a particular
description, or to several persons and the heirs of their bodies, or the heirs
generally or specially of the body or bodies of one person, or several bodies.
Prest. on Estates, 355; Cruise, tit. 2, c. 1, s. 12.
2. Estates tail, as qualified "in their limitation and extent, are of
sev-eral sorts. They have different denominations, according to the
circumstances under which, or the persons to whom they are limited. They are
usually divided into estates tail general or special.
3. But they may be more advantageously arranged under the following
4. - 1. As to the extent of the degree to which the estates may descend, they
are, 1st, general; 2d, qualified.
5. - 2. As to the sex of the person who may succeed, they are, 1st. General,
as extending to males or females of the body, without exception. 2d. Special, as
admitting only one sex to the succession, and excluding the other sex.
6. - 3. As to the person by whom or by whose body those heirs are to be
begotten, they are either, 1st. General, as to all the heirs of the body of a
man or woman. 2d. Special, as to the heirs of the body of a man or woman
begotten by a particular person, or to the heirs of the two bodies of a man and
woman. On the several species of estates tail noticed under this division, it
may be observed, that the samer estate may at the same time, be general in one
respect; as, for example, to all the heirs of the body in whatever degree they
are related; and may be, special in another respect, as that these heirs shall
be males, &c. Prest. on Estates, 383, 4.
7. The law relating to entails is diversified in the several states. In
Indiana and Louisiana they never existed they are unknown in Illinois and
Vermont. In Ohio, Virginia, Tennessee, Kentucky, and New York, estates tail are
converted into estates in fee simple by statute; and they may be barred by a
simple conveyance in Pennsylvania. In Alabama, Missouri, Mississippi, New
Jersey, Connecticut and North Carolina, they have been modified, and in Georgia,
they have been abolished without reservation. Griff. Reg. h. t. Vide, generally,
8 Vin. Ab. 227 to 272; 10 Id. 257 to 269; 20 Id. 163; Bac. Ab. Estate in tail; 4
Com. Dig. 17; 4 Kent, Com. 12; Bouv. Inst. Index, h. t.; and. 1 Bro. Civ. Law,
188, where an attempt is made to prove that an estate resembling an estate tail
was not unknown to the Romans.
TAKE. This is a technical expression which signifies to be entitled
to; as, a devisee will take under the will. To take also signifies to seize, as
to take and carry away.
TAKING, crim. torts. The act of laying hold upon an article, with or
without removing the same; a felonious taking is not sufficient without a
carrying away, to constitute the crime of larceny. (q. v.) And when the taking
has been legal, no subsequent act will make it a crime. 1 Moody, Cr. Cas.
2. The taking is either actual or constructive. The former is when the thief
takes, without any pretence of a contract, the property in question.
3. A constructive felonious taking occurs when, under pretence of a contract,
the thief obtains the felonious possession of goods; as, when under the pretence
of hiring, he had a felonious intention at the time of the pretended contract,
to convert the property to his own use. The court of criminal sessions for the
city and county of Philadelphia have decided that in the case of a man who found
a quantity of lumber, commonly called a raft, floating on the river Delaware and
fastened to the shore, and sold it, to another person, at so low a price. as to
enable the purchaser to remove it, and did no other act himself, but afterwards
the purchaser removed it, that thls was a taking by the thief, and he was
actually convicted and sentenced to two years imprisonment in the penitentiary.
Hill's case, Aug. Sessions, 1838. It cannot be doubted, says Pothier, Contr. de
Vente, n. 271, that by selling and delivering a thing which he knows does not
belong to him, the party is guilty of theft.
4. When property is left through inadvertence with a person and he conceals
it animo furandi, he is guilty of a felonious taking and may be convicted of
larceny. 17 Wend. 460.
5. But when the owner parts with the property willingly, under an agreement
that he is never to receive the style indentical property, the taking is not
felonious; as, when a person delivered to the defendant a sovereign to get it
changed, and the defendant never returned either with the sovereign or the
change, this was not larceny. 9 C. & P. 741. See 1 Moody, C. C. 179; Id.
185; 1 Hill. R. 94; 2 Bos. & P. 508; 2 East, P. C. 554; 1 Hawk. c. 33, s. 8;
1 Hale, P. C. 507; 3 Inst. 408; and Carrying away; Finder; Invito Domino;
6. The wrongful taking of the personal property of another, when in his
actual possession, or such taking of the goods of another who, has the right of
immediate possession, subject the tort feasor to an action. For example, such
wrongful taking will be evidence of a conversion, and an action of trover may be
maintained. 2 Saund. 47, h. t.; 3 Willes, 55. Trespass is a concurrent remedy in
such a case. 3 Wils. 336. Replevin may be supported by the unlawful taking of a
personal chattel. 1 Chit. Pl. 158. Vide Bouv. Inst. Index, h. t.
TALE, comm. law. A denomination of money in China. In the computation
of the ad valorem duty on goods, &c. it is computed at one dollar and
forty-eight cents. Act of March 2, 1799, s. 61, 1 Sto. L. U. S. 626. Vide
TALE, Eng. law. The declaration or count was anciently so called in
law pleadings. 3 Bl. Com. 293.
TALES, Eng. law. The name of a book kept in the king's bench office,
of such jurymen as were of the tales. See Tales de circumstantibus.
TALES DE CIRCUMSTANTIBUS, practice. Such persons as are standing
round. When ever the panel of the jury is exhausted the court order that the
jurors wanted shall be selected from among the bystanders which order bears the
name of tales d circumstantibus. Bac. Ab. Juries, C.
2. The judiciary act of Sept. 24, 1789, 1 Story, L. U. S. 64, provides, §29,
that When from challenges, or otherwise, there shall not be a jury to determine
any civil or criminal cause, the marshal or his deputy shall, by order of the
court where such defect of jurors shall happen, return jurymen de talibus
circumstantibus sufficient to complete the panel; and when the marshal or his
deputy are disqualified as aforesaid, jurors may be returned by such
disinterested persons as the court shall appoint. See 2 Hill, So. Car. R. 381; 2
Penna. R. 412; 4 Yeates, 236; Coxe, 283; 1 Blackf. 63; 2 Harr. & J. 426; 1
Pick. 43, n.
TALLAGE. This word is derived from the French tailler, and signifies
liter-ally to cut. In England it is used to signify subsidies, taxes, customs,
and indeed any imposition whatever by the government for the purpose of raising
a revenue. Bac. Ab. Smuggling, &c. B; Fortesc. De Laud. 26; Madd. Exch. ch.
17; 2 Inst. 531, 532 Spelm. Gl. h. v.
TALLIES, evidence. The parts of a piece of wood out in two, which
persons use to denote the quantity of goods supplied by one to the other. Poth.
Obl. pt. 4, c. 1, art. 2, §7.
TALZIE, HEIR IN. Scotch law. Heirs of talzie or tailzie, are heirs of
estates entailed. 1 Bell's Com. 47.
TANGIBLE PROPERTY. That which may be felt or touched; it must
necessarily be corporeal, but it may be real or personal. A house and a horse
are, each, tangible property. The terni is used in contradistinction to property
not tangible. By the latter expression, is; meant that kind of property which,
though in possession as respects the right, and, consequently, not strictly
choses in action, yet differ; from goods, because they are neither tangible nor
visible, though the thing produced from the right be perfectly so. In this class
may be mentioned copyrights and patent-rights. 1 Bouv. Inst. n. 467, 478.
TARDE VENIT, Practice. The name of a return made by the sheriff to a
writ, when it came into his hands too late to be executed before the return
2. The sheriff is required to show that he has yielded obedience to the writ,
or give a good excuse for his omission; and he may say, quod breve adeo tarde
venit quod exequi non possunt. It is usual to return the writ with an
indorsement of tarde venit. Com. Dig. Return, D 1.
TARE, weights. An allowance in the purchase and sale of merchandise,
for the weight of the box, bag, or cask, or other thing, in which the goods are
packed. It is also an allowance made for tiny defect, waste, or diminution in
the weight, quality or quantity of goods. It differs from tret. (q. v.)
TARIFF. Customs, duties, toll. or tribute payable upon merchandise to
the general government is called tariff; the rate of customs, &c. also bears
this name and the list of articles liable to duties is also called the
2. For the tariff of duties imposed on the importation of foreign
merchan-dise into the United States.
TAVERN. A place of entertainment; a house kept up for the
accommodation of strangers.
2. These are regulated by various local laws. For the liabilities of tavern
keepers, Vide Story on Bailm. art. 7; 2 Kent, Com. 458; 12 Mod. 487; Jones'
Bailm. 94; 1 Bl. Com. 430; 1 Roll. Ab. 3, F; Bac. Ab. Inn, &c.; 1 Bouv.
Inst. 1015, et seq.; and the articles Inn; Inn-keeper.
TAXES. This term in its most extended sense includes all contributions
imposed by the government upon individuals for the service of the state, by
whatever name they are called or known, whether by the name of tribute, tithe,
talliage, impost, duty, gabel, custom, subsidy, aid, supply, excise, or other
2. The 8th section of art. 1, Const. U. S. provides, that "congress shall
have power to lay and collect taxes, duties, imposts, and excises, to pay,"
&c. "But all duties, imposts and excises shall be uniform throughout the
3. In the sense above mentioned, taxes are usually divided into two great
classes, those which are direct, and those which are indirect. Under the former
denomination are included taxes on land or real property, and under the latter
taxes on articles of consumption. 5 Wheat. R. 317.
4. Congress have plenary power over every species of taxable property, except
exports. But there are two rules prescribed for their government, the rule of
uniformity and the rule of apportionment. Three kinds of taxes, namely, duties,
imposts and excises are to be laid by the first rule; and capitation and other
direct taxes, by the second rule. Should there be any other species of taxes,
not direct, and not included within the words duties, imposts or customs, they
might be laid by the rule of uniformity or not, as congress should think proper
and reasonable. Id.
5. The word taxes is, in a more confined sense, sometimes applied in
contradistinction to duties, imposts and excises. Vide, generally, Story on the
Const. c. 14; 1 Kent, Com. 254; 8 Dall. 171; 1 Tuck. Black. App. 232; 1 Black.
Com. 308; The Federalist, No. 21, 36; Woodf. Landl. and Ten. 197, 254.
TAXING COSTS, practice. The act by which it is ascertained to what
costs a party is entitled.
2. It is a rule that the jury must assess the damages and costs separately,
so that it may appear to the court that the costs were not considered, in the
damages; and when the jury give costs in an amount insufficient to answer the
costs of the suit, the plaintiff may pray that the officer may tax the costs,
and such taxation is inserted in the judgment: this is said to be done ex
assensu of the plaintiff, because at his prayer. Bac. Ab. Costs, K. The costs
are taxed in the first instance, by the prothonotary or clerk of the court. See
2 Wend. R. 244; 1 Cowen, R. 591; 7 Cowen, R. 412; 2 Yerg. R. 245, 310; 6. Yerg.
R. 412; Harp. R. 326; 1 Pick. R. 211; 10 Mass. R. 26; 16 Mass. R. 370. A bill of
costs having been once submitted to such an officer for taxation, cannot be
withdrawn from him and referred to another. 2 Wend. R. 252.
TEAMSTER. One who drives horses in a wagon for the purpose of carrying
goods for hire he is liable as a common carrier. Story, Bailm. §496.