Tales

I. Such, so many, — a term applied to jurors. Tales de circamstantibns: so many of the bystanders,— the emphatic words of the old writ commanding the sheriff to make up a deficiency of jurors out of persons present. »

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.*

;. Such; so many. Tales de many jurors as may be necessary to make from the bystanders, talesmen, v. Decern

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.