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250; Fearne on Rem. iv.; Poth. on Obli. by Evans, vol. 2, p. 346; 8 Ves. 10; 14 Ves. 578; 17 Ves. 482; 6 Taunt. 213; Cowp. 257; 5 Ves. 485. Vide, generally, 2 Fonbl. Eq. 102; 8 Vin. Ab. 323; 20 Vin. Ab. 146; 8 Com. Dig. 475, 594; 1 Suppl. to Ves. jun. 115, 186, 407, 8, Suppl. to Ves. jun. 47, 296, 340, 391, 477; 1 Foderé, Méd. Lég. § 424-483.

4. Suspension of a right in an estate is
a partial extinguishment, or an extinguish-
ment for a time. It differs from an extin-
guishment in this. A suspended right may
be revived; one extinguished is absolutely
dead. Bac. Ab. Extinguishment, A.
2 5. The suspension of a statute for a
limited time operates so as to prevent its
operation for the time, but it has not the
effect of a repeal. 3 Dall. 365.

4. The right of survivorship among joint-tenants has been abolished, except as to estates held in trust, in Pennsylvania, New York, Kentucky, Virginia, Indiana, Missouri, Tennessee, Alabama, Georgia, North and South Carolina. Vide Estates in Joint-tenancy. In Connecticut it never existed. 1 Swift's Dig. 102; see 1 Hill. Ab. 440. As to survivorship among legatees, see 1 Turn. & R. 413; 1 Br. C. C. 574; 3 Russ. 217. See Death; Estates in Joint-tenancy; Joint-tenants; Partnership. SUS' PER COLL', Engl. law. In the English practice, a calendar is made out of attainted criminals, and the judge signs the calendar with their separate judgments in the margin. In the case of a capital felony, it is written opposite the prisoner's name, "let him be hanged by the neck," which, when the proceedings were in Latin, was, "suspendatur per collum," or, in the abbreviated form, "sus' per coll'." 4 Bl. Comm. 403.

SUSPENDER, Scotch law. He in whose favor a suspension is made.

2. In general a suspender is required to give caution to pay the debt in the event it shall be found due. Where the suspender cannot, from his low or suspected circumstances, procure unquestionable security, the lords admit juratory caution; but the reasons of suspension are in that case, to be considered with particular accuracy at passing the bill. Act. S. 8 Nov. 1682; Ersk. Prin. L. Scot. 4, 3, 6.

SUSPENSE. When a rent, profit a prendre, and the like, are, in consequence of the unity of possession of the rent, &c., of the land out of which they issue, not in esse for a time, they are said to be in suspense, tunc dormiunt, but they may be reCo. Litt. 313 a. vived or awakened. SUSPENSION. A temporary stop of a right, of a law, and the like.

2. In times of war the habeas corpus act may be suspended by lawful authority.

3. There may be a suspension of an officer's duties or powers, when he is charged with crimes. Wood's Inst. 510.

SUSPENSION, Scotch law. That form of law by which the effect of a sentence-condemnatory, that has not yet received execution, is stayed or postponed, till the cause be again considered. Ersk. Prin. L. Scotl. 4, 3, 5. Suspension is competent also, even where there is no decree, for putting a stop to any illegal act whatsoever. Id. 4, 3, 7.

2. Letters of suspension bear the form of a summons, which contains a warrant to Ib. cite the charger.

SUSPENSION, eccl. law. An ecclesiastical censure, by which a spiritual person is either interdicted the exercise of his ecclesiastical function, or hindered from receiving the profits of his benefice. It may be partial or total; for a limited time, or forever, when it is called deprivation or amotion. Ayl. Parerg. 501.

An agreement SUSPENSION OF ARMS. between belligerents, made for a short time or for a particular place, to cease hostilities between them. See Armistice; Truce The act by SUSPENSION OF A RIGHT. which a party is deprived of the exercise of his right, for a time.

2. When a right is suspended by operation of law, the right is revived the moment the bar is removed; but when the right is suspended by the act of the party, it is gone forever. See 1 Roll. Ab. tit. Extinguishment, L, M.

CONDITION.

One

SUSPENSIVE which prevents a contract from going into operation until it has been fulfilled; as if I promise to pay you one thousand dollars on condition that the ship Thomas Jefferson shall arrive from Havre, the contract is suspended until the arrival of the ship. 1 Bouv. Inst. n. 731.

SUSPICION. A belief to the disadvantage of another, accompanied by a doubt.

2. Without proof, suspicion, of itself, is evidence of nothing. When a crime has been committed, an arrest may be made when, 1st. There are such circumstances as induce a strong presumption of guilt; as being found in possession of goods recently

stolen, without giving a probable account | in many cases, in its legal effects, to actual of having obtained the possession honestly. delivery; as, for example, the delivery of the 2d. The absconding of the party accused. keys of a warehouse in which goods are depo3d. Being found in company of known sited, is a delivery sufficient to transfer the offenders. 4th. Living an idle, disorderly property. 1 Atk. 171; 5 John. 335; 2 T. life, without any apparent means of support. R. 462; 7 T. R. 71; 2 Campb. 243; 1 East, In such cases the arrest must be made as in R. 194; 3 Caines, 182; 1 Esp. 598; 3 B. other cases. Vide 20 Vin. Ab. 150; 4 Bl. & C. 423. Com. 290.

SUTLER. A man whose employment is to sell provisions and liquor to a camp.

2. By the articles of war, art. 29, no sutler is permitted to sell any kind of liquor or victuals, or to keep his house or shop open for the entertainment of soldiers, after nine at night, or before the beating of the reveillée, or upon Sundays during divine service or sermon, on penalty of being dismissed all future sutling. And by art. 60, all sutlers are to be subject to orders according to the rules and discipline of war.

SWAINMOTE COURT, Engl. law. The court within the forest to which all the freeholders owe suit and service. Bac. Ab. Courts of the Forest, 2.

TO SWEAR. To take an oath, judicially administered. Vide Affirmation;

Oath.

2. To swear also signifies to use such profane language as is forbidden by law. This is generally punished by statutory provisions in the several states.

SWINDLER, criminal law. A cheat; one guilty of defrauding divers persons. 1 Term Rep. 748; 2 H. Blackst. 531; Stark. on Sland. 135.

2. Swindling is usually applied to a transaction, where the guilty party procures the delivery to him, under a pretended contract, of the personal property of another, with the felonious design of appropriating it to his own use. 2 Russel on Crimes, 130; Alison, Princ. Cr. Law of Scotland, 250; 2 Mass. 406.

SYMBOL. A sign; a token; a representation of one thing by another.

2. A symbolical delivery is equivalent,

SYNALLAGMATIC CONTRACT, civil law. A synallagmatic or bilateral contract is one by which each of the contracting parties binds himself to the other; such are the contracts of sale, hiring, &c. Poth. Ob. n. 9. Vide Contract.

SYNDIC.

A term used in the French law, which answers in one sense to our word assignee, when applied to the management of bankrupts' estates; it has also a more extensive meaning; in companies and communities, syndics are they who are chosen to conduct the affairs and attend to the concerns of the body corporate or community; and in that sense the word corresponds to director or manager. Rodman's Notes to Code de Com. p. 351; Civ. Code of Louis. art. 429; Dict. de Jurisp. art. Syndic.

SYNGRAPH. A deed, bond, or other instrument of writing, under the hand and seal of all the parties. It was so called because the parties wrote together.

2. Formerly such writings were attested by the subscription and crosses of the witnesses; afterwards, to prevent frauds and concealments, they made deeds of mutual covenant in a script and rescript, or in a part and counterpart, and in the middle between the two copies they wrote the word syngraphus in large letters, which being cut through the parchment, and one being delivered to each party, on being afterwards put together, proved their authenticity.

3. Deeds thus made were denominated syngraphs by the canonists, and by the common lawyers chirographs. (q. v.) 2 Blackstone's Commentaries, 296.

SYNOD. An ecclesiastical assembly.

TAC

TAC

T.

TABELLIO. An officer among the | people, without any legislative enactment. Romans, who reduced to writing and into 1 Bouv. Inst. n. 120. proper form agreements, contracts, wills, and other instruments, and witnessed their execution. The term tabellio is derived from the Latin tabula, seu tabella, which, in this sense, signified those tables or plates covered with wax which were then used instead of paper. 8 Toull. n. 53; Delaurière, sur Ragneau, mot Notaire.

2. Tabelliones differed from notaries in many respects they had judicial jurisdiction in some cases, and from their judgments there were no appeals. Notaries were then the clerks or aiders of the tabelliones, they received the agreements of the parties, which they reduced to short notes; and these contracts were not binding until they were written in extenso, which was done by the tabelliones. Encyclopédie de M. D'Alembert, mot Tabellion; Jac. Law. Dict. Tabellion; Merlin, Répertoire, mot Notaire, 1; 3 Giannone's Istoria di Napoli, p. 86.

TACK, Scotch law. A contract of location by which the use of land, or any other immovable subject, is set to the lessee or tacksman for a certain yearly rent, either in money, the fruits of the ground, or services. Ersk. Prin. Laws of Scot. B. 2, t. 6, n. 8; 1 Tho. Co. Litt. 209. This word is nearly synonymous with lease.

TACKING, Engl. law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. Jer. Eq. Jur. B. 1, c. 2, § 1, p. 188 to 191; 1 Story, Eq. Jur. § 412.

2. It is an established doctrine in the English chancery that a bonâ fide purchaser and without any notice of a defect in his title at the time of the purchase, may lawfully buy any statute, mortgage, or encumTABLEAU OF DISTRIBUTION. In brance, and if he can defend by those at Louisiana this is a list of creditors of an in-law, his adversary shall have no help in solvent estate, stating what each is entitled 4 N. S. 535.

to.

TABLES. 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. n. 1963-4. Vide Law of the Twelve Tables.

TABULA IN NAUFRAGIO, Engl. law. Literally a plank in a wreck. This figure has been used to denote the condition of a third mortgagee, who obtained his mortgage without any knowledge of a second mortgage, and then, being puisne, takes the first encumbrance; in this case he shall squeeze out and have satisfaction before the second. 2 Ves. 573; 2 Fonbl. Eq. B. 3, c. 2, § 2; 2 Ventr. 337; 1 Ch. Cas. 162; 1 Story, Eq. §§ 414, 415; and Tacking.

TACIT. That which, although not expressed, is understood from the nature of the thing, or from the provision of the law; implied.

TACIT LAW. A law which derives its authority from the common consent of the

equity to set those encumbrances aside, for
equity will not disarm such a purchaser.
And as mortgagees are considered in equity
as purchasers pro tanto, the same doctrine
has extended to them, and a mortgagee who
has advanced his money without notice of
any prior encumbrance, may, by getting an
assignment of a statute, judgment, or re-
cognizance, protect himself from any encum-
brance subsequent to such statute, judgment
or recognizance, though prior to his mort-
gage; that is, he will be allowed to tack or
unite his mortgage to such old security, and
will by that means be entitled to recover all
moneys for which such security was given,
together with the money due on his mort-
gage, before the prior mortgagees are en-
titled to recover anything. 2 Fonbl. Eq.
306; 2 Cruise, t. 15, c. 5, s. 27; Powell
on Morg. Index, h. t.; 1 Vern. 188; 8 Com.
Dig. 953; Madd. Ch. Index, h. t.

3. This doctrine is inconsistent with the laws of the several states, which require the recording of mortgages. Caines' Cas. Er. 112; 1 Hop. C. R. 231; 3 Pick. 50; 2 Pick. 517.

4. The doctrine of tacking seems to have been acknowledged in the civil law, Code, 8, 27,1; but see Dig. 13, 7, 8; and see 7 Toull. 110. But this tacking could not take place to the injury of intermediate encumbrancers. Story on Eq. § 1010, and tho authorities cited in the note.

TAIL. An estate tail is an estate of inheritance, to a man or a woman and his or her heirs of his or her body, or heirs of his body of a particular description, or to several persons and the heirs of their bodies, or the heirs generally or specially of the body or bodies of one person, or several bodies. Prest. on Estates, 355; Cruise, tit. 2, c. 1, s. 12.

2. Estates tail, as qualified in their limitation and extent, are of several sorts. They have different denominations, according to the circumstances under which, or the persons to whom they are limited. They are usually divided into estates tail general or special.

3. But they may be more advantageously arranged under the following classes.

4.-1. As to the extent of the degree to which the estates may descend, they are, 1st, general; 2d, qualified.

5.-2. As to the sex of the person who may succeed, they are, 1st. General, as extending to males or females of the body, without exception. 2d. Special, as admitting only one sex to the succession, and excluding the other sex.

man

6.-3. As to the person by whom or by whose body those heirs are to be begotten, they are either, 1st. General, as to all the heirs of the body of a man or woman. 2d. Special, as to the heirs of the body of a or woman begotten by a particular person, or to the heirs of the two bodies of a man and woman. On the several species of estates tail noticed under this division, it may be observed, that the same estate may at the same time, be general in one respect; as, for example, to all the heirs of the body in whatever degree they are related; and may be special in another respect, as that these heirs shall be males, &c.

Prest. on Estates, 383, 4.

7. The law relating to entails is diversified in the several states. In Indiana and Louisiana they never existed; they are unknown in Illinois and Vermont. In Ohio, Virginia, Tennessee, Kentucky, and New York, estates tail are converted into estates in fee simple by statute; and they may be

barred by a simple conveyance in Pennsylvania. In Alabama, Missouri, Mississippi, New Jersey, Connecticut and North Carolina, they have been modified, and in Georgia, they have been abolished without reservation. Griff. Reg. h. t.

Vide, generally, 8 Vin. Ab. 227 to 272; 10 Id. 257 to 269; 20 Id. 163; Bac. Ab. Estate in tail; 4 Com. Dig. 17; 4 Kent, Com. 12; Bouv. Inst. Index, h. t.; and 1 Bro. Civ. Law, 188, where an attempt is made to prove that an estate resembling an estate tail was not unknown to the Romans.

TAKE. This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away.

TAKING, crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny. (q. v.) And when the taking has been legal, no subsequent act will make it a crime. 1 Moody, Cr. Cas. 160.

2. The taking is either actual or constructive. The former is when the thief takes, without any pretence of a contract, the property in question.

3. A constructive felonious taking occurs, when, under pretence of a contract, the thief obtains the felonious possession of goods; as, when under the pretence of hiring, he had a felonious intention at the time of the pretended contract, to convert the property to his own use. The court of criminal sessions for the city and county of Philadelphia have decided that in the case of a man who found a quantity of lumber, commonly called a raft, floating on the river Delaware and fastened to the shore, and sold it to another person, at so low a price as to enable the purchaser to remove it, and did no other act himself, but afterwards the purchaser removed it, that this was a taking by the thief, and he was actually convicted and sentenced to two years' imprisonment in the penitentiary. Hill's case, Aug. Sessions, 1838. It cannot be doubted, says Pothier, Contr. de Vente, n. 271, that by selling and delivering a thing which he knows does not belong to him, the party is guilty of theft.

4. When property is left through inadvertence with a person and he conceals it animo furandi, he is guilty of a felonious

taking and may be convicted of larceny. 17 Wend. 460.

5. But when the owner parts with the property willingly, under an agreement that he is never to receive the same indentical property, the taking is not felonious; as, when a person delivered to the defendant a Sovereign to get it changed, and the defendant never returned either with the sovereign or the change, this was not larceny. 9 C. & P. 741. See 1 Moody, C. C. 179; Id. 185; 1 Hill. R. 94; 2 Bos. & P. 508; 2 East, P. C. 554; 1 Hawk. c. 33, s. 8; 1 Hale, P. C. 507; 3 Inst. 408; and Carrying away; Finder; Invito Domino; Larceny; Robbery.

6. The wrongful taking of the personal property of another, when in his actual possession, or such taking of the goods of another who has the right of immediate possession, subject the tort feasor to an action. For example, such wrongful taking will be evidence of a conversion, and an action of trover may be maintained. 2 Saund. 47, h. t.; 3 Willes, 55. Trespass is a concurrent remedy in such a case. 3 Wils. 336. Replevin may be supported by the unlawful taking of a personal chattel. 1 Chit. Pl. 158. Vide Bouv. Inst. Index, h. t. TALE, comm. law. A denomination of money in China. In the computation of the ad valorem duty on goods, &c. it is computed at one dollar and forty-eight cents. Act of March 2, 1799, s. 61, 1 Sto. L. U. S. 626. Vide Foreign Coins.

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or his deputy are disqualified as aforesaid, jurors may be returned by such disinterested persons as the court shall appoint. See 2 Hill, So. Car. R. 381; 2 Penna. R. 412; 4 Yeates, 236; Coxe, 283; 1 Blackf. 63; 2 Harr. & J. 426; 1 Pick. 43, n.

TALLAGE. This word is derived from the French tailler, and signifies literally to cut. In England it is used to signify subsidies, taxes, customs, and indeed any imposition whatever by the government for the purpose of raising a revenue. Bac. Ab. Smuggling, &c. B; Fortesc. De Laud. 26; Madd. Exch. ch. 17; 2 Inst. 531, 532; Spelm. Gl. h. v.

TALLIES, evidence. The parts of a piece of wood cut in two, which persons use to denote the quantity of goods supplied by one to the other. Poth. Obl. pt. 4, c. 1, art. 2, § 7.

TALZIE, HEIR IN. Scotch law. Heirs of talzie or tailzie, are heirs of estates entailed. 1 Bell's Com. 47.

TANGIBLE PROPERTY. That which may be felt or touched; it must necessarily be corporeal, but it may be real or personal. A house and a horse are, each, tangible property. The term is used in contradistinction to property not tangible. By the latter expression, is meant that kind of property which, though in possession as respects the right, and, consequently, not strictly choses in action, yet differs from goods, because they are neither tangible nor visible, though the thing produced from the right be perfectly so. In this

TALE, Eng. law. The declaration or count was anciently so called in law plead-class may be mentioned copyrights and ings. 3 Bl. Com. 293.

TALES, Eng. law. The name of a book kept in the king's bench office, of such jurymen as were of the tales. See Tales de circumstantibus.

TALES DE CIRCUMSTANTIBUS, practice. Such persons as are standing round. When ever the panel of the jury is exhausted, the court order that the jurors wanted shall be selected from among the bystanders, which order bears the name of tales de circumstantibus. Bac. Ab. Juries, C.

patent-rights. 1 Bouv. Inst. n. 467, 478.

TARDE VENIT, practice. The name of a return made by the sheriff to a writ, when it came into his hands too late to be executed before the return day.

2. The sheriff is required to show that he has yielded obedience to the writ, or give a good excuse for his omission; and he may say, quod breve adeo tarde venit quod exequi non possunt. It is usual to return the writ with an indorsement of tarde venit. Com. Dig. Retorn, D 1.

TARE, weights. 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 defect, waste, or diminution in the weight, quality or quanIt differs from tret. (q. v.)

2. The judiciary act of Sept. 24, 1789, 1 Story, L. U. S. 64, provides, § 29, that when from challenges, or otherwise, there shall not be a jury to determine any civil or criminal cause, the marshal or his deputy shall, by order of the court where such defect of jurors shall happen, return jury-tity of goods. men de talibus circumstantibus sufficient to TARIFF. Customs, duties, toll or tricomplete the panel; and when the marshal bute payable upon merchandise to the

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