Take

A technical expression which signifies to be entitled to: as, a devisee will take under the will. To seize: as, to take and carry away, either lawfully or unlawfully. In an indictment for larceny, a charge that defendant did feloniously take implies a trespass; State v. Friend, 47 Minn. 449, 50 N. W. 692. Under a statute making it an offence to take up and use a horse without the consent of the owner, the taking a horse bridled, saddled, and hitched to a tree will not constitute the offence; Cochran v. State, 36 Tex. Cr. R. 115, 35 S. W. 968. The word may be synonymous with arrest; Com. v. Hall, 9 Gray (Mass.) 267, 69 Am. Dec. 285; but take and steal were held not to be synonymous; Stone v. Stevens, 12 Conn. 229, 30 Am. Dec. 611. It has been held equivalent to require.

King v. Kent’s Heirs, 29 Ala. 542.

A devisee takes under a will only when the possession and- control of the devisor has ceased; Jersey City v. Banking Co., 41 N. J. L. 70. Poison administered externally (poison ivy) is not a taking of poison under a benefit certificate; Dent v. Mail Ass’n, 183 Fed. 840. To retain money illegally collected at Bremen from an immigrant within the excluded classes was held not a taking in the United States; U. S. v. Nord Deutscher Lloyd, 186 Fed. 391. As to talcing silk, see Silk. In its usual signification the word taken implies a transfer of dominion, possession, or control. Id. To choose: e. g. ad capicndas assisas f to choose a jury. To obtain: c. g. to take a verdict in court, to get a verdict.