Take

With its inflections, has its popular, a quasi or a wholly technical sense.

1.

In the sense of being entitled to, procuring, acquiring, obtaining,' receiving, accepting, reserving, is of frequent use. As in the expressions: take a note; take by descent, by purchase, by devise, by will; take up a lease, or claim; take out a copyright, a patent, a caveat; take possession; take an oath; take words in their popular sense; take effect; take a rule, a nonsuit, an exception, a bill pro confesso, a verdict, a judgment, an appeal, a writ of error. That it will "take" all one's property to pay his debts means it will require all.' In a statute providing than an estate by curtesy should not " be liable to be taken " for the debts of the husband, " taken " was held to mean taken in invitum. ' 1 Story, Eq. § 413. ' See at length Marsh v. Lee, 1 Lead. Cas. Eq. *611- 29, cases; 1 W. & T. ib.

86S- ), cases; 3 Pom. Eq. § 768; 10 Conn. 261; 29 id. 324; 1 Johns. Ch. 399; 1 Dall. 153; 11 S. & R. 223; 30 Pa. 378; 13 Vt. 309. ' F. taille, a cutting. * 2 Bl. Com. 112. 6 Brann v. Elzey, 83 Ky. 442-43 (1885). 1 Washb. R. P. 9 -111; 4 Kent, 13-23.

Power in a bank to "take," realty -in payment of debts includes power to sell the same again.' Reserving interest as discount is the same as taking interest. But where there is a penalty, actual receipt is necessary. 2 Taker. The " first taker " under a will is presumed to have been a favorite of the deceased. See Devise, Executory.

3.

To take up a bill or note is to pay the amount thereof, and receive the paper back; to retire the bill or note by paying it or substituting other, paper for it. See Renewal; Retikb.

3.

To avail one's self of the provisions of a law; to take such action in court as will secure one's self the benefits of a particular law: as, to take the bankrupt or insolvent law.

4.

To apply for and secure; to procure: as, to "take out " a license, letters of administration or letters testamentary, a policy of insurance, a \vrit of any kind.

See Gkant, 4.

An appeal from a decree of a circuit court is not " taken " until it is some way presented to the court which made the decree, so as to put an end to its jurisdiction over the cause.* 5. The technical word in a precept ordering an arrest.

See Arrest, 3; Capere. 6.

The technical word charging felonious appropriation in embezzlement: in larceny the words are " take and carry away." "Take" and " steal " are not necessarily synonymous. The taking is actual when the seizing and carrying away is without pretense of an existing contract; and constructive, when, under such pretense, possession, with intent to convert, is obtained.

See Carry, 1; Embezzlement; Larceny; Bobbery. 7.

A mere attempt to seduce is not a taking within a statute against abduction: there must be some positive act to get the person away.* But a taking for purposes of prostitution need not be by force; it may be by improper solicitations or inducements.

8.

To appropriate to a public use, against the will of the owner: as, to take private property. ' Jackson v. Brown, B Wend. 594 (1830). " Bank of United States v. Owens, 2 Pet. *538 (1839). = Srim's Appeal, 89 Pa. 334 (1879). > Credit Co. v. Ai-kansas Central E. Co., 1S8 U. S. 261 (1888); R. S. § 1008. s Stone V. Stevens, 12 Co Bn. *229 (1837). The constitutions of all of the States provide, in substance, as follows: "Nor shall any person.. be deprived of.. property, without due process of law; nor shall private property be taken for public use, without just compensation." ' In this connection "taken" means, broadly, — occupied, used, diminished in value, injured, damaged, destroyed. The courts of some States hold, or have held, that the inhibition extends only to cases of actual appropriation — direct, physical seizure or dispossession; the courts of other States, that cases of indirect, consequential injury are also included. The later constitutions generally include the latter class of cases under such phrases as "property taken or damaged," damaged meaning injuriously affected.- '. When a public use causes to property, no part of which is taken, an injury of such a character that, if it accrued when a portion of the property was taken, it would form an element of the damages as to the part not taken, there is such damage as entitles the owner to compensation. Applied to the condemnation of land for railway use, " taken " means the exclusion of the owner from use and possession and the actual assumption of exclusive possession by the corporation at the termination and as the result of judicial proceedings.* Where the tracks of a street railway, which owned an exclusive franchise for that mode of carriage,, were paralleled by the tracks of a cable tram-way, the latter having obtained from owners of the soil the right to occupy the streets, the property of the former was held to be "damaged," and not " taken," within the meaning of the constitution of Nebraska. Under the Constitution of Illinois of 1870, in which the words used are "taken or damaged," a recovery may be had wherever private property has sustained a substantial injuiy from the making and use of any public improvement, whether the damage be directas when caused by trespass or physical invasion, or consequential, as in diminution of market value.* ' U. S. Constitution, Amd. V. See i Bl. Com. 139.,2 Eigney v. Chicago, 102 lU.

71, 75 (1882), cases; Mollandin u Union Pacific R. Co., 14 F. E. 394 (1888); Gottscholk V. Chicago, &c. E. Co., 14 Neb. 559 (1883); Hollingsworth v. Parish of Tensas, 4 Woods, 280(1883); Eocljette v. Chicago, &c. E. Co., 33 Minn. 203 (1884), cases; Pittsburgh Junction R. Co. v. Mc Cutcheon, 18-