PARTIAL LIST OF CONTRIBUTORS, VOL. XXV. FRANK H. BOWLBY, of the Rochester Bar. GEORGE E. BEERS, of the New Haven Bar. CHARLES C. BINNEY, of the Phila- W. H. MICHAEL, of the Editorial DAVID S. GARLAND, of the Editorial EVANS WOOLLEN, of the Indianapolis DAVID S. GARLAND, of the Editorial H. DENT MINOR, of the Memphis TABLE OF TITLES AND DEFINITIONS. See index for numerous sub-titles and definitions contained in the notes. Real Property. Tenant, 895 Tenant's Fixtures, 896 Landlord and Tenant. TENDER, 897 Tenor, 946 Tent, 947 THINGS IN ACTION. See Choses in Action. Think, 1058 Third or Thirds, 1059 Thread, 1060 THREATS AND THREATENING LETTERS, 1060 See Estates; Three Story, 1073 THE AMERICAN AND ENGLISH ENCYCLOPÆDIA OF LAW. TAKE. Take and its inflections have in many phrases in law a meaning but little apart from the vernacular; but in the law of eminent domain, wills, etc., they are used in technical or quasi technical senses.1 1. See Abb. Law Dict.; Anderson's L. Dict. "Taken" Implies a Transfer of Dominion or Control.-"In its usual sig. nificance, the word taken implies a transfer of possession,dominion, or control. A thing is not taken unless such a change of status is effected. In trespass, trover, or replevin, the taking is not accomplished until the goods are within the power or control of the defendant. A devisee takes under a will only when the possession and control of the devisor has ceased." Jersey City v. Morris Canal, etc., Co., 41 N. J. L. 70. What Constitutes a "Taking" for Public Use. For numerous decisions determining what constitutes a taking of property within the meaning of constitutional provisions requiring that property shall not be taken for public use without compensation, see EMINENT DOMAIN, vol. 6, p. 542 et seq. "Take" in the Sense of "Arrest.""Take" is the technical word used in all writs and precepts by which a sheriff or other officer is commanded to arrest the body. As thus used, the term is synonymous with "arrest." Com. v. Hall, 9 Gray (Mass.) 267; 69 Am. Dec. 285. "Take" not Synonymous with "Steal." -In an action for malicious arrest, it was held no error to refuse an instruction for defendant that if such circumstances existed as would create 25 C. of L.-1 a 1 suspicion in a reasonable mind that the plaintia had "taken" the articles, it would amount to probable cause. The court said: "To 'take' an article from another, and to 'steal' it, are not necessarily synonymous expressions." Stone v. Stevens, 12 Conn. 229; 30 Am. Dec. 611. Take and carry away are the technical words used in charging larceny. See LARCENY, vol. 12, p. 762. Game is "taken when it is snared, though it is neither killed nor removed. Rex v. Glover, Russ. & Ry. C. C. 269. "Taking" and Destroying.-A penalty for " taking or destroying" the spawn of fish, or for taking or killing fish, means an improper killing and not for, e. g., removing spawn from one bed to another. Bridger v. Richardson, 2 M. & S. 568; Rex v. Mallinson, 2 Burr. 679. Power to "Take" Realty.-That the charter power of a bank to "take real estate in payment of its debts, involves the power of subsequently selling the same, see Jackson v. Brown, 5 Wend. (N. Y.) 590. Held to Apply to Personalty.-The words "taking" and "converting," as used in a statute authorizing arrest, in actions for taking or converting property, apply to personal property only. Merritt v. Carpenter, 3 Abb. App. Dec. (N. Y.) 285. What "Taking" Will Amount to |
