The Cyclopedic Law Dictionary

A short gown; a herald's coat; a sur coat.

One who wears a tabard or short govsm. The name is still used as the title of' certain bachelors of arts on the old foundation of Queen's College, Oxford. Enc. Lond. TABELLA (Lat.)

In Louisiana. A list of creditors of an insolvent estate, stating what each is entitled to. 4 Mart. (La.; N. S.) 535. TABULA IN NAUFRAGIO (Lat. a plank in a wreck). In English law.

Rents paid to bishops and other ecclesiastic Sj appropriated to their table or housekeeping. Jacob.

A synopsis in which many particulars are brought together in a general view, as, genealogical tables, which are composed of the names of persons belonging to a family. 2 Bouv. Inst

In civil law. Contracts and written instruments of all kinds, especially wills. So called because originally written on tablets and with wax. Calv. Lex.

In the civil law. A notary.

Free from payments, etc.; e. g., "tac free de omnibus propriis porcis suis infra metas de C," i. e., paying nothing for his hogs running within that limit. Jacob. TACIT (from Lat.

A law which derives its authority from the common consent of the people without any legislative enactment. 1 Bouv. Inst. 120.

In Scotch law. The tacit or implied renewal of a lease when the landlord, instead of warning a tenant, has allowed him to continue without making a new agreement. Bell, Diet. "Relo

See "Tacit Relocation." TACITA QUAEDAM HABENTUR PRO expressis. Certain things, though unexpressed, are considered as expressed. 8 Coke, 40. TACITE (Lat.) Silently; Impliedly; tacit

In Scotch law. A contract of location by which the use of land or any other immovable subject is let to the lessee or tacksman for a certain yearly rent, either in money, the fruit

Rent reserved upon a lease.

Of Securities. The union of securities given at different times, so as to prevent any intermediate purchaser's claiming title to redeem or otherwise discharge one lien, which is pr

In Scotch law. A tenant. TACTIS SACROSANCTIS (Law Lat.) In old English law. Touching the holy (evangelists). Pleta, lib. 3, c. 16, § 21. "A bishop may swear visis evangeliis (looki

See "Estates." TAIL AFTER POSSIBILITY OF ISSUE extinct The estate of a surviving tenant in special tail after the death, without surviving issue, of the person from whose body the

An estate tail limited to the female heirs of the donee.

An estate tall granted to one and the heirs of his body in general. 2 Bl. Comm. 113.

An estate tall limited to the male heirs of the donee.

An estate tail granted to one and certain only of the heirs of his body, as those to be begotten on his then wife. 2 Bl. Comm. 113. TAILLE (French). In Old Frencli Law. A tax or as

In the Scotch law, an arbitrary line of succession laid down by a proprietor, in substitution of a legal line of succession. A deed of tailzie creates a Scotch entail by which, unt

Attainder (q. v.)

A technical expression which signifies to receive; as, a devisee will take under the will. The devisee takes only when the possession of the testator has ceased. 41 N. J. Law, 70.

An element of "larceny"' (g. v.)

In English law. The ancient name of the declaration or count. 3 Bl. Comm. 293. TALES (Lat. talis, such, like). In practice. A number of jurors added to a deficient panel sufl Bcien

A person summoned to act as a juror from among the bystanders in the court. TALIO (Lat. from talis, such, like). In the civil law. Like for like; punishment in the same kind; the p

NAM NULlum simile est idem. What Is like is not the same, for nothing similar is the same. 4 Coke, 18.

VEL TALE RECTUM, QUAE vel quod non est in homine adtunc superstite sed tantummodo est et consistit In consideratione et intelligentia legis, et quod alii dixerunt talem rem vel tal

Upon pleading the judgment of an inferior court, the proceedings themselves, and this general judgment, and ofl which the same was founded, must, to some extent, appear in the plea

Tax or toll gatherers; mentioned by Chaucer. TALLAGIUM (perhaps from French taille, cut off). A term including all taxes. 2 Inst. 532; Stat, de tal. non Concedendo, temp. Edw. I.;

To give up accounts in the exchequer, where the method of accounting was by tallies.

A keeping account by tallies. Coweli.

Commons in meat or drink; tax or tribute. TALLY (Fr. tailler; Ital. tagliare, i. e., scindere, to cut off). A stick cut into two parts, on each whereof is "marked, with notches or

A system of dealing, by which dealers furnish certain articles on credit, upon an agreement for the payment of the stipulated price by certain weekly or monthly installments. Mc Cu

A case reported in Y. B. 12 Edw. IV. 19-21, which is said to have established the foundation of common

A phrase used where a proceeding is applied or referred to two things or persons. A writ of error from inferior courts, when the error is supposed to be as well in giving the judgm

That which may be felt or- touched. It must necessarily be corporeal, but it may be real or personal. TANISTRY (athanis). In Irish law. A species of tenure founded on immemorial us

QUANTUM vendi possunt. Things are worth what they will sell for. 3 Inst. 305. TARDE VENIT (Lat.) In practice. The name of a return made by the sheriff to a writ, when it came into

An allowance in the purchase and sale of merchandise for the weight of the box, bag, or cask, or other thing, in which the goods are packed. It is also an allowance made for any de

Customs, duties, toll, or tribute payable upon merchandise to the general government are called "tariff." The rate of customs, etc., also bears this name, and the list of articles

A place of entertainment; a house kept up for the accommodation of strangers. Webster. Originally, a house for the retailing of liquors to be drunk on the spot. Webster. In almost

(Law Fr. and Eng.; Fr. tavernier, from taverne). In old English law. A seller of wine; one who kept a house or shop for the sale of wine. Et puis soit enquis de tavemers que aunt v

An innkeeper (g. u)

A contribution Imposed by government on individuals for the service of the state. 13 Pa. St. 104; 115 111. 109. It is distinguished from a subsidy, as being certain and orderly. Ja

Soldiers of a garrison or fleet, assigned to a certain station. Spelman. TAXATIO (Lat.) In the civil law. The modification by a judge of the amount of damages claimed or sworn to b

The valuation of ecclesiastical benefits made through every diocese in England, on occasion of Pope Innocent IV. granting to King Henry

The process of taxing or imposing a tax. Webster. In Practice. Adjustment. Fixing the

In practice. Fixing the amount of costs to which a party is entitled. It is a rule that the jury must assess the damages and costs separately, so that it may appear to the court th

See "Taxatio Ecclesiastica."

An instrument whereby the officer of the law undertakes to convey the title of the rightful proprietor to the purchaser at the tax sale, or sale of the land for nonpayment of taxes

Two officers yearly chosen in Cambridge, England, to see the true gauge of all the weights and measures.

Persons who engage in the business of searching for property omitted from taxation. 218 111. 477.

Officers of the English supreme court, who examine and allow or disallow items in" bills of costs. See 1 Chit. Archb. Prac. (12th Ed.) 507; Smith, Ch. Prac. 12, 62, 829; 2 Daniell,

Each house of parliament has a taxing officer, whose duty it is to tax the costs incurred by the promoters or opponents of private bills. May, Pari. Prac. 843.

The amount of tax to be raised, or the official act by which the amount is determined upon.

A statutory lien on lands to secure the payment of taxes, which exists in favor of the public.

The assessment roll; the list of persons or property against whom or which taxes are levied.

A sale of lands for the nonpayment of taxes assessed thereon. A sale made in a proceeding in rem. 108 111. 334.

A title to land derived through the sale of it for delinquent taxes, or through the foreclosure of a tax lien.

An annual payment made to a superior in Scotland, instead of the duties due to him under the tenure of wardholding. Abolished.

or THEAME. A royalty or privilege granted, by royal charter, to a lord of a manor, for the having, restraining, and judging of bondmen and villeins, with their children, goods, cha

One who drives horses in a wagon for the purpose of carrying goods for hire. He is liable as a common carrier. Story, Bailm. §496. See "Carrier."

That which properly belongs to an art. In the construction of contracts it is a general rule that technical words are to be taken according to their approved and known use in the t

In Scotch law. That liquidated proportion of the rents or goods of the people which is due to churchmen for performing divine service, or exercising the other spiritual functions p

Thainland (g. v.) TELEGRAPH lAE. Written evidence of things past. Blount. TELLER {tallier, one who keeps a tally). An officer in a bank or other institution; a person appointed to

In the language of parliament, the "tellers" are the members of the house selected to count the members when a division takes place. In the house of lords, a division is effected b

An Anglo-Saxon charter of land. 1 Reeve, Hist. Eng. Law, c. 1, p. 10.

That labor which a tenant was bound to do for his lord for a certain numbsr of days.

or TENEMENTALE. A tax of two shillings upon every ploughland; a decennary {q. v.) TEMERE (Lat.) In the civil law. Rashly; inconsiderately; without sufficient cause. A plaintiff was

A religious order of knighthood, instituted about the year 1119, and so called because the members dwelt in a part of the temple of Jerusalem, and not far from the sepulchre of our

The temporal affairs of a church are understood to be the revenues, lands and tenements, in other words, secular possessions, with which it is endowed. The hiring of a sexton to pe

The peers of England; the bishops are not in strictness held to be peers, but merely lords of parliament. 2 Steph. Comm. 330, 345. TEMPORALIS ACTIO (Lat.) An action which could onl

Which is to last for a limited time. A temporary statute, or one which is limited in its operation for a particular period of time after its enactment; the opposite of perpetual. 7

Half a year, and not six lunar months. Westminster II. c. 5. TEMPUS UTILE (Lat.) In civil law. A period of time which runs beneficially; i. e., feast days are not included, nor doe

In leases from the crown, corporations, or the church, it is usual to grant a further term to the old tenants in preference to strangers; and, as this expectation is seldom disappo

These "are in the same nature as tenants by copy of court roll [i. e., copyholders]. But the reason why they be called 'tenants by the verge' is, for that when they will surrender

Before the English fines and recoveries act, if land •was conveyed to a person for life, with remainder to another in tail, the tenant in tail in remainder was unable to bar the en

An ofliffl' by a person who has been guilty of any Wrong or breach of contract to pay a snm of money by way of amends. If a defendant in an action make tender of amends, and the pl

The conclusion of a pleading whereby the pleader offers to refer the averments thereof to a trial. The common tender of an issue of' fact is, "and of this he puts himself upon the

Land distributed by a lord among his tenants, as opposed to the demesnes which were occupied by himself and his servants. 2 Bl. Comm. 90.

An ancient writ, lying to the city of London, or any other corporation (where the old custom was that men might devise by will lands and tenements, as well as goods and chattels),

A tenant; the defendant in a real action. TENENTIBUS IN ASSISA NON ONERandis. A writ that formerly lay for him to whom a disseisor had alienated the land whereof he disseised anoth

or TIENHEOFED. A dean. TENHEVED (Saxon tienheofod, from tien, ten, and heofod, head). In old English law. The head of a tithing, or decennary; a tithingman, chief pledge, head boro

or TENIV1ANTALE. The number of ten men, which number, in the time of the Saxons, was called a "decennary;" and ten decennaries made what was called a "hundred." Also a duty or trib

A term of heraldy, meaning orange color. In engravings^ it should be represented by lines in bend sinister crossed by others bar-ways. Heralds who blazon by the names of the heaven

'In Pleading. A term used to denote that an exact copy is set out, 5 Wend. (N. Y.) 273; 14 Ohio St. 61; 1 Mass. 203; 1 East, 180, and the cases cited in the notes; and binds the pl

A writ whereby the record of an indictment, and the process thereupon, was called out of I another court into the Queen's (or king's) Bench. Reg. Orig. 69.

By the tenor of these presents, i. e., the matter contained therein, or rather the intent and meaning thereof. Cowell. TENSER lAE. A sort of ancient tax or military contribution. W

It is the tenor of the feudal grant which regulates its effect and extent. Craig, Jus Feud. (3d Ed.) 66. See Co. Litt. 19a; 2 Bl. Comm. 310; 2 Coke, 71; Broom, Leg. Max.

St. 9 Geo. IV. c. 14, extending the statutes of frauds to certain other contracts.

In English Law. A temporary aid issuing out of personal property, and granted to the.king by parliament; formerly the real tenth part of all the movables belonging to the subject.

See "Tenure;" "Term of Office."

In Scotch law. A life rent competent by law to widows who have not accepted of special provisions in the third part of the heritable subjects in which the husband died infeft. The

In the Scotch law, a widow that possesses the third part of her husband's land, as her legal jointure. 1 Kames, Eq. pref.

In Construction. Word; expression; speech. Terms are words or characters by which we announce our sentiments, and make known to others things with which we are acquainted. These mu

An estate for years, and the time during which such estate is to be held, is each called a "term"; hence the term may expire before the time, as,

Such property (e. g., leaseholds, terminable annuities, etc.), as has no permanent duration, but must and will end at a certain time, usually determined beforehand. TERMINARE (Lat.

Societies, in England, where the members commence their monthly contributions on a particular day, and continue to pay them until the realization of shares to a given amount for ea

A term of years Is said to be either in gross (outstanding) or attendant upon the inheritance. It is outstanding, or in gross, when it is unattached or disconnected from the estate

In Spanish law. A common; common land. Common because of vicinage. White, New Recop. bk. 2, tit. 1, c. 6, S 1, note. TERMINUM (Lat.) In civil law. A day set to the defendant. Spelm