The American and English Encyclopedia of Law

TALES (See also JURY AND JURY TRIAL, vol. 12, p. 340).If by means of challenges or other causes, a sufficient number of unexceptional jurors doth not appear at the trial, either party may pray a tales. A tales is a supply of such men as are summoned on the first panel, in order to make up the deficiency.1

Abduction. (See ABDUCTION, vol. 1, p. 22.)

"Taking" for purposes of Prostitution --(See also ABDUCTION, vol. 1, p. 22). -To bring an offender within a statute against "taking" girls from the custody of their parents or guardians for purposes of prostitution, it is not necessary that the " taking" should be by force, but the statute is satisfied if it is accomplished by improper solicitations or inducements. People v. Marshall, 59 Cal. 388. See also Reg. v. Mankletow, 22 L. J. M. C. 115; Reg. v. Timmins, 30 L. J. M. C. 45; State v. Jameson, 38 Minn. 21.

"Taken ” in the Act of Adultery.-Art. 567 of the Penal Code of Texas reads as follows." Homicide is justifiable whed committed by the husband upon the person of any one taken in the act of adultery with the wife, provided the killing take place before the parties to the act of adultery have separated." It was held that a proper construction of the term "taken in the act of adultery," as used in the statute, does not mean that in order to avail himself of the protection afforded by the statute, and to justify the homicidal act, the husband should be an eye witness to the physical act of coition between his wife and her paramour, but it will be sufficient if he sees the paramour in bed with his wife, or leaving it, or in such a position as indicates with a reasonable certainty to a rational mind that they had just then committed the adulterous act, or were then about to commit it. But no knowledge otherwise acquired by the husband, however positive, of the adulterous intercourse between his wife and her paramour, will bring the homicide, if he slay the latter, within the purview of the statute. Price v. State, 18 Tex. App. 474; 51 Am. Rep. 322.

When an Appeal is "Taken"-"An appeal cannot be said to be 'taken,' any more than a writ of error can be said to be brought,' until it is in some way presented to the court which made the decree appealed from, there by putting an end to its jurisdiction over the cause and making it its duty to send it to the appellate court. This

is done by filing the papers, viz., the petition and allowance of appeal (where there is such a petition and allowance), the appeal bond, and the citation." Credit Co. v. Arkansas Cent. R. Co., 128 U. S. 261.

"Taken as True."-An instruction, where the accused is examined on his own behalf, that what he testified to against his interest is to be "taken as true," is not prejudicial error. The court said: "To say that they are to be 'taken as true,' as was done in this instance, is saying no more than that they are presumed to be true' or are conclusive for the purposes of the case in hand. 1 Greenl. Ev., §§ 27, 32; Webst. Dict., tit. Presume.' State v. Brooks, Mc. 137.

"Take" in the Sense of "Require.”— An averment that "it will take" all of specified property to pay the debts of deceased is a sufficient averment of a necessity for ordering a sale. "Take" in this sense, is equivalent to "require." The sentence means that all the property will be necessary. King v. Kent, 29 Ala. 542.

"Taken" Held Equivalent to "Taken in Invitum."-A statute provided that an estate by curtesy should not "be liable to be attached or in any way taken for the debts of the husband." It was held that "taken" meant "taken in invitum." The court, by Durfee, J., said: "The word 'taken as used in the statute means in our opinion taken in invitum; for instance, if a tenant by curtesy initiate were to mortgage his estate, the statute would not prevent the mortgagee's enforcing his mortgage in so far as it could be enforced consistently with the rights of the wife." Briggs v. Ťitus, 13 R. Ï. 136.

"Take effect," "be in force," "go into operation," etc., are used interchangeably. See EFFECT, vol. 6, p. 171.

1. 2 Bl. Com. 365, followed in O'Connor v. State, 9 Fla. 225.

Octo tales and decem tales were the names at common law of the writs issued to summon such bodies of jurors. In the case of octo tales, eight, and in the case of decem tales, ten men, were summoned. 2 Bl. Com. 365.

TALESMAN (See also JURY AND JURY TRIAL, vol. 12, p. 340). -A talesman is a juror summoned to fill up a panel, for the trial of a particular cause.1

TALLAGE (See also TAXATION).—Is a general word and includes all "subsidies, taxes, tenths, fifteenths, impositions, or other burdens or charges put or set upon any man.'

TARE (See also DRAFT, vol. 6, p. 1).—See note 3.

TARIFF (See also REVENUE LAWS, vol. 21, p. 301).-The list or schedule of articles on which a duty is imposed upon their importation into the United States, with the rates at which they are severally taxed. Also the custom or duty payable on such article, and, derivatively, the system or principle of imposing duties on the importation of foreign merchandise.4

TAVERN (See also INNS AND INN KEEPERS, vol. II, p. 5).— A " tavern" is a house licensed to sell liquors in small quantities to be drunk on the spot. It denotes a house for the entertainment of travelers, as well as for the sale of liquors. Although the original definition of tavern was a place where liquor was sold

1. Shields v. Niagara Sav. Bank, 3 Hun (N. Y.) 479.

2. People v. Brooklyn, 9 Barb. (N. Y.) 550; quoting 2 Co. Ins. 532.

3. Draft and Tare Distinguished."Draft and tare, in a conımercial sense and usage, have a separate and distinct meaning and application. The former is an allowance to the merchant when the duty is ascertained by weight, as in the present instance, to insure good weight to him. As defined in some books, it is 'a small allowance in weigh able goods made by the king to the importer.' It is to compensate for any loss that may occur from the handling of the scales in the weighing, so that, when weighed the second time, the article will hold out good weight. The latter, tare, is allowed for the outside or covering of the article imported, whether it be box, barrel, bag, bale, mat, etc. Now, the tare in this case was allowed, but the allowance for the draft was refused. I cannot perceive any distinction between the two, as the right to the allowance of the one stands as express and explicit, on the statute, as the right to the allowance of the other. Both might as well have been denied as either; it is a mistake to suppose that the allowance of the tare covers that for the draft, for, as is seen, it is intended to cover a different loss, one incident to the weighing of the article, while the other relates to the loss

from the rough outside covering of it." Napier v. Barney, 5 Blatchf. (U.S.) 192. 4. Black's Law Dict.

5. State v. Chamblyss, Cheves (S. Car.) 220; 34 Am. Dec. 593; and in that case it was held that a license to keep a tavern includes the privilege of retailing spirituous liquors.

In Re Schneider, 11 Oregon 288, the following definition was given: "A tavern has been judicially defined to be a house licensed to sell liquors in small quantities.''

A tavern is "a house licensed to sell liquor to be drunk on the spot. In some of the United States, tavern is synonymous with inn or hotel, and denotes a house for the entertainment of

travelers, as well as for the sale of liquors, licensed for that purpose." Webst., followed in Rafferty v. New Brunswick F. Ins. Co., 18 N. J. L. 484; 38 Am. Dec. 525, where it was held that the mere retailing of spirituous liquors without a license does not constitute the occupant of a house a tavern keeper.

In its popular sense, as seen from the above definitions, the word tavern conveys the idea of being a place where liquors are sold. In its legal sense, this idea has usually, though not uniformly, been recognized. 2 Kent's Com. 597 (a); Bonner v. Welborn, 7 Ga. 296; Overseers of the Poor v. Warner, 3 Hill (N. Y.) 150; Wortham v. Com., 5 Rand.

in small quantities, in the United States any house for the entertainment of transient guests is commonly denominated a “tavern," whether liquor is sold on the premises or not.1

(Va.) 669; Com. v. Shortridge, 3 J. J. Marsh. (Ky.) 638; Hirn v. State, I Ohio St. 18; Linkous v. Com., 9 Leigh (Va.) 608; State v. Chamblyss, Cheves (S. Car.) 222; 34 Am. Dec. 593.

License For a Tavern Includes Privilege of Retailing Liquor.—Thus it has been generally held that a tavern license confers the privilege of retailing liquor upon the tavern keeper. Com. v. Kamp, 14 B. Mon. (Ky.) 309; Gray v. Com., 9 Dana (Ky.) 300; 35 Am. Dec. 136; State v. Chamblyss, Cheves (S. Car.) 222; 34 Am. Dec. 593.

In Hirn v. State, 1 Ohio St. 18, it was held that "the license to keep a tavern carried with it and conferred the privilege of retailing spirituous liquors, as clearly as if the same had been positively expressed." It was there said that "a license to keep a tavern, in its ordinary signification, was understood to be a license to retail liquors, and to keep a house of entertainment." But in State v. Cloud, 6 Ala. 630, it was held that a tavern license did not include the liquor license, the latter being thirty dollars and the former only

ten.

1. St. Louis v. Siegrist, 46 Mo. 592; Curtis v. State, 5 Ohio 324; Foster v. State, 84 Ala. 451.

"An inn, tavern, or hotel, is a place for the general entertainment of all travelers or strangers who apply, paying suitable compensation." Bish. St. Cr. (2d ed.), § 297, followed in Comer v. State, 26 Tex. App. 509.

In State v. Fletcher, 5 N. H. 258, it is said: "It is the business of the taverner to provide food, drink, lodging and other accommodations for his guests, but this business may be exercised without selling spirits or wine in small quantities, and the sale of mixed liquors is, without doubt, a part of the common business of a taverner; but it is not necessarily so. It is there fore clear, we think, that when this defendant admits that he is guilty, as charged in the indictment, of exercising the business of a taverner without a license, we are not at liberty to understand this as an admission that he is guilty of selling spirits, or wine, or mixed liquor illegally, and to sentence him to pay the penalty prescribed by the statute for that offense."

But in Overseers of the Poor v. Warner, 3 Hill (N. Y.) 150; Bonner v. Welborn, 7 Ga. 296, it was held that houses of entertainment where liquor was not sold at retail were not taverns.

Tavern, Hotel, and Public House Synonymous.-"Tavern,"" hotel," and" public house" are used synonymously in the United States; and while they entertain the traveling public, and keep guests, and receive compensation therefor, they do not lose their character, though they may not have the privilege of selling liquors. The distinction, as respects inn and tavern keepers, observed in England, under the common law, does not exist with us, and different names are applied to them, though "hotel" and "house" used commonly to denote a higher order of public houses than the ordinary tavern or inn. St. Louis v. Siegrist, 46 Mo. 593, where it was held that "tavern," in a charter provision authorizing municipal authorities to "license and regulate taverns," includes a hotel. Gaming. (See also GAMING, vol. 8, p. 1045.)

are

A house of public entertainment, used both as a boarding house and tavern, though unlicensed, is within the prohibition of the Alabama statute against playing cards at a "tavern, inn, public house," etc. Foster v. State, 84 Ala. 451. In that case the opinion of the court was delivered by Somerville, J., who said: “An inn is a house of entertainment for travelers-being synonomous in meaning with hotel or tavern. It was formerly defined to mean 'a house where a traveler is furnished with everything which he has occasion for while upon his way.' Thompson v. Lacy, 3 B. & Ald. 283; People v. Jones, 54 Barb. (N. Y.) 311. But this definition has necessarily been modified by the progress of time, and the mutations in the customs of society and modes of travel in modern times. An inn, however, was always, and may now, when unlicensed, be distinguished from a boarding house, the guest of which is under an express contract, at a certain rate, and for a specified timethe right of selecting the guest or boarder, and fixing full terms, being the chief characteristic of the boarding house as distinguished from an inn."

TAXATION. (See also titles indicated by cross-references in the following analysis and throughout the article.)