Tales

The name of a writ, derived from the plural of the Latin talis, such, (jr. V. It denotes a summoning of additional persons to serve as jurors upon a panel which has become exhausted. These additional jurors must be of like qualifications with thg jurors on the deficient panel. They are either summoned by the sheriff, or selected from the by-standers or persons in court, the practice varying in different jurisdictions. The additional jurors, however selected, are called talesmen; if taken from the by-standers, that fact is sometimes expressed by terming them tales de circumstantibus. When, by means of challenges or any other cause, a sufiicient number of unexceptional jurors do not appear at the trial, either party may pray a tales, as it is termed; that is, a further supply of such men as were summoned on the first panel. For this purpose, a writ of de.cem tales, octo tales, and the like, used to be issued to the sheriff at common law, and must be still, at a trial at bar, if the jurors make default. But at the assises or nisi prius, by virtue of statutes, the judge is empowered by statute to award, at the prayer of either party, a tales de circumstantibus, i.e. of the by-stanilers or of persons present in the court, to be joined to the other jurors to try the cause, who, however, are liable to the same challenges as the principal jurors. This is usually done toti.es quoties, till the legal number of twelve is completed. Brown. Talesman. An additional venire man; a man such as the person.s already sumhas become exhausted without forming a jury.