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TALES-(See also JURY AND JURY TRIAL, vol. 12, p. 340).If by means of challenges or other causes, a sufficient number of unexceptional jurors doth not appear at the trial, either party may pray a tales. A tales is a supply of such men as are summoned on the first panel, in order to make up the deficiency.1 Abduction.— (See ABDUCTION, vol. 1, is done by filing the papers, viz., the p. 22.)

petition and allowance of appeal "Taking” for Purposes of Prostitution (where there is such a petition and --(See also ABDUCTION, vol. 1, p. 22). allowance), the appeal bond, and the

– To bring an offender within a statute citation.” Credit Co. v. Arkansas against "taking" girls from the cus- Cent. R. Co., 128 U. S. 261. tody of their parents or guardians for "Taken as True.”—An instruction, purposes of prostitution, it is not nec- where the accused is examined on his essary that the "taking” should be by own behalf, that what he testified to force, but the statute is satisfied if it against his interest is to be “taken as is accomplished by improper solicita- true,” is not prejudicial error. The tions or inducements. People v. Mar- court said : “ To say that they are to be shall, 59 Cal. 388. See also Reg. v. 'taken as true,' as was done in this inMankletow, 22 L. J. M. C. 115; Reg. stance, is saying no more than that they v. Timmins, 30 L. J. M. C. 45; State v. are 'presumed to be true' or are conJameson, 38 Minn. 21.

clusive for the purposes of the case in “Taken” in the Act of Adultery.- Art. hand. i Greenl. Ev., 99 27, 32; Webst. 567 of the Penal Code of Texas reads Dict., tit. • Presume.'” State v. Brooks, as follows: " Homicide is justifiable 99 Mo. 137. whes committed by the husband upon “Take" in the sense of “Require."the person of any one tåken in the act An averment that “it will take ” all of of adultery with the wife, provided the specified property to pay the debts of killing take place before the parties to deceased is a sufficient averment of a the act of adultery have separated.” It necessity for ordering a sale. " Take” was held that a proper construction of in this sense, is equivalent to "require.” the term "taken in the act of adultery,” The sentence means that all the propas used in the statute, does not mean erty will be necessary. King v. Kent, that in order to avail himself of the 29 Ala. 542. protection afforded by the statute, and “ Taken" Held Equivalent to " Taken to justify the homicidalact, the husband in Invitum.”—A statute provided that should be an eye witness to the phys. an estate by curtesy should not "be ical act of coition between his wife and liable to be attached or in any way her paramour, but it will be sufficient taken for the debts of the husband.” if he sees the paramour in bed with It was held that“ taken” meant“ taken his wife, or leaving it, or in such a in invitum.The court, by Durfee, J., position as indicates with a reasonable said: “The word 'taken as used in certainty to a rational mind that they the statute means in our opinion taken had just then committed the adulter. in invitum; for instance, if a tenant by ous act, or were then about to commit curtesy initiate were to mortgage his it. But no knowledge otherwise ac- estate, the statute would not prevent quired by the husband, however posi- the mortgagee's enforcing his mort. tive, of the adulterous intercourse be- gage in so far as it could be enforced tween his wife and her paramour, will consistentlywith the rights of the wise.” bring the homicide, if he slay the lat- Briggs v. Ťitus, 13 R. I. 136. ter, within the purview of the statute. “Take effect,".

** be in force," "go Price v. State, 18 Tex. App. 474 ; 51 into operation, etc., are used inAm. Rep. 322.

terchangeably. See Effect, vol. 6, When an Appeal 18 “Taken"--"An p. 171. appeal cannot be said to be taken,' 1. 2 B1. Com. 365, followed in O'Conany more than a writ of error can be nor v. State, 9 Fla. 225. said to be · brought,' until it is in some Octo tales and decem tales were the way presented to the court which names at common law of the writs made the decree appealed from, there issued to summon such bodies of jurors. by putting an end to its jurisdiction In the case of octo tales, eight, and in over the cause and making it its duty the case of decem tales, ten men, were to send it to the appellate court. This summoned. 2 Bl. Com. 365.

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TALESMAN—(See also JURY AND JURY TRIAL, vol. 12, p. 340). - A talesman is a juror summoned to fill up a panel, for the trial of a particular cause.1

TALLAGE—(See also TAXATION).—Is a general word and includes all“ subsidies, taxes, tenths, fifteenths, impositions, or other burdens or charges put or set upon any man.

TARE—(See also DRAFT, vol. 6, p. 1).-See note 3.

TARIFF--(See also REVENUE LAWS, vol. 21, p. 301).-The list or schedule of articles on which a duty is imposed upon their importation into the United States, with the rates at which they are severally taxed. Also the custom or duty payable on such article, and, derivatively, the system or principle of imposing duties on the importation of foreign merchandise.4

TAVERN—(See also INNS AND INN KEEPERS, vol. II, p. 5).A “tavern" is a house licensed to sell liquors in small quantities to be drunk on the spot. It denotes a house for the entertainment of travelers, as well as for the sale of liquors. Although the original definition of tavern was a place where liquor was sold

1. Shields v. Niagara Sav. Bank, 3 from the rough outside covering of it.” Hun (N. Y.) 479.

Napier v. Barney, 5 Blatchf. (U.S.) 192. 2. People v. Brooklyn, 9 Barb. (N. 4. Black's Law Dict. Y.) 550 ; quoting 2 Co. Ins. 532.

8. State v. Chamblyss, Cheves (S. 3. Draft and Tare Distinguished.- Car.) 220; 34 Am. Dec. 593 ; and in that “Draft and tare, in a conimercial sense case it was held that a license to keep and usage, have a separate and distinct a tavern includes the privilege of remeaning and application. The former tailing spirituous liquors. is an allowance to the merchant when In Re Schneider, 11 Oregon 288, the the duty is ascertained by weight, as in following definition was given : “A the present instance, to insure good tavern has been judicially defined to weight to him. As defined in some be 'a house licensed to sell liquors books, it is 'a small allowance in weigh- in small quantities.'” able goods made by the king to the A tavern is "a house licensed to sell importer. It is to compensate for any liquor to be drunk on the spot. In loss that may occur from the bandling some of the United States, tavern is of the scales in the weighing, so that, synonymous with inn or hotel, and dewhen weighed the second time, the ar- notes a house for the entertainment of ticle will hold out good weight. The travelers, as well as for the sale of latter, tare, is allowed for the outside liquors, licensed for that purpose.” or covering of the article imported, Webst., followed in Rafferty v. New whether it be box, barrel, bag, bale, Brunswick F. Ins. Co., 18 N.J. L. 484; mat, etc. Now, the tare in this case 38 Am. Dec. 525, where it was held was allowed, but the allowance for the that the mere retailing of spirituous draft was refused. I cannot perceive liquors without a license does not conany distinction between the two, as the stitute the occupant of a house a tavern right to the allowance of the one stands keeper. as express and explicit, on the statute, In its popular sense, as seen from the as the right to the allowance of the above definitions, the word tavern conother. Both might as well have been veys the idea of being a place where liqdenied as either; it is a mistake to sup- uors are sold. In its legal sense, this idea pose that the allowance of the tare has usually, though not uniformly, been covers that for the draft, for, as is seen, recognized. 2 Kent's Com. 597 (a); it is intended to cover a different loss, Bonner v. Welborn, 7 Ga. 296; Overone incident to the weighing of the ar- seers of the Poor v. Warner, 3 Hill (N. ticle, while the other relates to the loss Y.) 150; Wortham v. Com., 5 Rand.

in small quantities, in the United States any house for the entertainment of transient guests is commonly denominated a “tavern,” whether liquor is sold on the premises or not.

(Va.) 669; Com. v. Shortridge, 3 J. J. But in Overseers of the Poor v. Marsh. (Ky.) 638; Hirn i. State, i Warner, 3 Hill (N. Y.) 150; Bonner z'. Ohio St. 18; Linkous v. Com., 9 Leigh Welborn, 7 Ga. 296, it was held that (Va.) 608; State v. Chamblyss, Cheves houses of entertainment where liquor (S. Car.) 222; 34 Am. Dec. 593.

was not sold at retail were not taverns. License For a Tavern Includes Privi- Tavern, Hotel, and Public House Synonlege of Retailing Liquor.—Thus it has ymous.—“Tavern,"" hotel," and“ pubbeen generally held that a tavern li- lic house " are used synonymously in cense confers the privilege of retailing the United States; and while they enliquor upon the tavern keeper. Com. tertain the traveling public, and keep v. Kamp, 14 B. Mon. (Ky.) 309; Gray guests, and receive compensation there. 7. Com., 9 Dana (Ky.) 300; 35 Am. for, they do not lose their character, Dec. 136; State v. Chamblyss, Cheves though they may not have the privi(S. Car.) 222; 34 Am. Dec. 593.

lege of selling liquors. The distincIn Hirn v. State, 1 Ohio St. 18, it tion, as respects inn and tavern keepers, was held that "the license to keep a observed in England, under the comtavern carried with it and conferred mon law, does not exist with us, and the privilege of retailing spirituous liq- different names are applied to them, uors, as clearly as if the same had been though “ hotel” and "house " are positively expressed." It was there said used commonly to denote a higher orthat “a license to keep a tavern, in its der of public houses than the ordinary ordinary signification, was understood tavern or inn. St. Louis v. Siegrist, 46 to be a license to retail liquors, and to Mo. 593, where it was held that " tavkeep a house of entertainment.” But ern," in a charter provision authorizin State v. Cloud, 6 Ala. 630, it was ing municipal authorities to “ license held that a tavern license did not in- and regulate taverns," includes a hotel. clude the liquor license, the latter be- Gaming.-(See also GAMING, vol. 8, ing thirty dollars and the former only p. 1045.) ten.

A house of public entertainment, 1. St. Louis v. Siegrist, 46 Mo. 592; used both as a boarding house and Curtis v. State, 5 Ohio 324; Foster v. tavern, though unlicensed, is within State, 84 Ala. 451.

the prohibition of the Alabama statute An inn, tavern, or hotel, is a place against playing cards at a “tavern, for the general entertainment of all inn, public house,” etc. Foster v. State, travelers or strangers who apply, pay- 84 Ala. 451. In that case the opinion ing suitable compensation.” Bish. Št. of the court was delivered by Somer. Cr. (2d ed.), § 297, followed in Comer ville, J., who said: “An inn is a house v. State, 26 Tex. App. 509.

of entertainment for travelers-being In State v. Fletcher, 5 N. H. 258, it synonomous in meaning with hotel or

5 is said : “ It is the business of the tavern. It was formerly defined to taverner to provide food, drink, lodg- mean a house where a traveler is fur: ing and other accommodations for his nished with everything which he has guests, but this business may be ex- occasion for while upon his way.' ercised without selling spirits or wine Thompson v. Lacy, 3 B. & Ald. 283 ; in small quantities, and the sale of People v. Jones, 54 Barb. (N. Y.) 311. mixed liquors is, without doubt, a part But this definition has necessarily been of the common business of a taverner; modified by the progress of time, and but it is not necessarily so. It is there. the mutations in the customs of society fore clear, we think, that when this and modes of travel in modern times. defendant admits that he is guilty, as An inn, however, was always, and may charged in the indictment, of exercis- now, when unlicensed, be distinguished ing the business of a taverner without from a boarding house, the guest of a license, we are not at liberty to un- which is under an express contract, ata derstand this as an admission that he is certain rate, and for a specified timeguilty of selling spirits, or wine, or the right of selecting the guest or mixed liquor illegally, and to sentence boarder, and fixing full terms, being the him to pay the penalty prescribed by chief characteristic of the boarding the statute for that offense.”

house as distinguished from an inn."

TAXATION.-(See also titles indicated by cross-references in the following analysis and throughout the article.) 1. Taxes and Taxation Defined,

(d) Duties of TonII. Nature, 12.


nage, 43 1. Taxes Distinguished From

(e) Impairment of Debts, 12.

Contract Obliga2. Taxes Distinguished From

tions, 47 Other Impositions, 14.

u Due Process of III. Classification of Taxes, 16.

Law (See also IV. The Power to Tax, 18.

Due Process OF 1. Its Extent and Nature, 18.

Law, vol. .6, p. a. Distinguished From Em

43), 54. inent Domain, 18.

(3) Restrictions in State b. Distinguished From Po

Constitutions, 55. lice Power, 20.

(a) Equality and 2. Constitutional Restrictions

Uniformity, 55. (See also CONSTITUTIONAL

(6) Taxation by Val. LAW, vol. 3, p. 670), 21.

ue, 65. a. Upon Federal Taxation,

(c) Double Taxation, 21.

66. Upon State Taxation, 22.

(d) Rate of Taxation, (1) Generally, 22.

69. (2) Restrictions in Fed

(e) Form of the Eneral Constitution, 23.

actment (See (a) Upon Export and

Statutes, vol. Import Taxation;

23, pp. 140, 258), Inspection Laws,

71. 23

3. Restriction" by Treaty (See (6) Regulation of

also TREATIES), 71. Commerce (See 4. Legislative Exercise of also INTERSTATE

71. COMMERCE, vol.

a. The "Legislative Func11, p. 539), 27.

tion, 71. (1) Generally,

b. Mode of Exercise, 75. 27.

Delegation of the Power, 79. (2) Taxes Upon 6. Waiver or Relinquishment Passengers,

of the Power, 83. 31.

V. Purposes of Taxation, 87. (3) Taxes Upon 1. Must be Public, 87. Freight, 31.

2. General Rule of Construc(4) Taxes Upon

tion, 88.

[90. the Means

3. What Purposes are Public, by which 4. What Purposes are Not PubInterstate Commerce is 5. Musi Benefit the Locality Transacted,

Taxed, 98. 32.

VI. Things Taxable, 100. (5) Taxes Upon

1. Polls, 100. Privileges,

2. Property, 101. Franchises,

a. In General, ior. Gross Re

b. Personal Property, 102. ceipts, Capi

c. Really, 104. tal of Cor- 3. Occupations and Privileges poration,

(See infra, this title, Occupa

tion, Business, and Privilege (6) Direct Tax

Taxes), 106. ation Upon 4. Instrumentalities of Govern. Property as

ment, 106. Such, 38.

a, In General, 106. (c) Equal Privileges

b. Offices and Officers, 106. and Immunities,

c. Property Used as a Means 40.

of Government, 107.

lic, 97

etc., 33.

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