Tales

Plural of talis, such, of such a kind: additional jurors. If, from any cause, a sufficient number of unexceptionable jurors do not appear at the trial, or if a panel is exhausted by challenges before a jury is obtained, either party, at common law, may pray a tales, that is, more of such men as were summoned upon the first panel, to make up the deficiency.

Talesman.

One of such additional jurors.'

1 Frankle v. Jackson, 30 F. E. 398 (1887), cases. 2 Pumpelly v. Green Bay Co., 13 Wall. 181, 179-80 (1871), cases, Miller, J.: l Uinoisconstitutionof 1848; 28 Minn. 540. ' Bonaparte I).

Camden, &c.

E. Co., Baldw. 835 (1830); Polly V. Saratoga, Ac. E. Co., 9 Barb. 457 (1850). 4 Kennedy v. Indianapolis, 103 U. S. 602 (1880). - County of Mobile v. Kimball, 102 U. S. 703 (1880). ' Attorney-General v. Jamaica Pond Aqueduct Corporation, 133 Mass. 365 (1882), cases. ' Cole V. La Grange, 113 U. S. 6 (1885), cases; Vnrner V. Martin, 21 W. Va. 651-53 (1883), cases.

As to one railroad condemning land for another, see 27 Cent. Law J. 207-12(1888), cases. 8 Oregon P.y. & Nav. Co. v. Oregon Eeal Estate Co., 10 Oreg. 445 (1882), cases. v. State, 9 At nisi prius, by virtue of 35 Hen. VHE (1544), o. 6, the judge is empowered to award a tales de circuvistantibus, of by-standers — persons present in court, to be.ioined to the other jurors to try the cause. They are subject to the same challenges as the principal jurors.^ By-standers may still he chosen, except in California. A jury so impaneled is regarded as a " jury of the county " where the offense was committed.^ Since a tales signifies a returning of as many men as will malie up the full complement of jurors, it is not granted where there is a total default; only where the number is deficient.^ " When, from challenges or otherwise, there is not a petit jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court in which such defect of jui'ors happens, return jurymen from the by-standers sufficient to complete the panel." * The act of June 30, 1879,.;. 52, § 3, prescribing the mode for drawing jurors, does not repeal the foregoing provision, nor affect the power, when a panel has become exhausted, to call in talesmen.^ Octo tales, eight such jurors, and decern tales, ten such jurors, were the names, at common law, of bodies of additional jm-ors, and Of the writs by which they were summoned.*