| 释义 |
▪ I. ‖ tales Law.|ˈteɪliːz|
[L. pl. of tālis such, in the phrase tales de circumstantibus ‘such (or the like) persons from those standing about’, occurring in the order for adding such persons to a jury; whence used as a n.]
Originally, in plural, Persons taken from among those present in court or standing by, to serve on a jury in a case where the original panel has become deficient in number by challenge or other cause, these being persons such as those originally summoned; loosely applied in Eng. as a singular (a tales) to the supply of people (formerly even one person) so provided. Also contextually applied to the order or act of supplying such substitutes, as to pray, grant, award a tales. In English use now restricted to such summoning of jurors; orig. and still in U.S. of jurors (collectively) and the practice of summoning them.
[c1250Bracton 238 b (Rolls IV. 8). 1345Year-Bk. 19 Edw. III (Rolls) 146 Ou le panel par le Habeas corpora et Octo Tales fuit retourne devant luy. 1346Ibid., 20 Edw. III 490 Par quei il avoit briefe a Vicounte de feire venir præter les deux que furent jurez xii tales. 1370Ibid., 44 Edw. III Mich. pl. 62 f. 25 Pur que il [the counsel] pria xii tales et les serjeants d'autre part disoient que a autrefois il avoit ewe x tales. 1479Year-Bk. 18 Edw. IV Pasch. pl. 31 p. 6 Home n'avera xii tales en nul cas forsque in appeal tantum. 1531Registr.omn. Brev. Judic. (Rastell) 75.]
1495Act 11 Hen. VII, c. 21 Upon every tales graunted, the seid Maire and Aldermen shall impanell the seid Persones. 1607Cowell s.v., A supply of men empaneled vpon a iury or enquest, and not appearing, or at their apparance, chalenged by..either partie..the Iudge vpon petition graunteth a supply to be made by the Shyreeue of some men there present, equall in reputation to those that were impaneled. And herevpon the very act of supplying is called a Tales de Circumstantibus. Ibid., The first Tales must be vnder [i.e. fewer than] the principall panell, except in a cause of Appeale, and so euery Tales lesse then other. a1680Butler Rem. (1759) II. 69 He is chosen..like a Tales in a Jury, for happening to be near in Court. 1768Blackstone Comm. III. xxiii. 364 Either party may pray a tales. A tales is a supply of such men as are summoned upon the first panel, in order to make up the deficiency. 1837Dickens Pickw. xxxiv, It was discovered that only ten special jurymen were present. Upon this, Mr. Sergeant Buzfuz prayed a tales; the gentleman in black then proceeded to press into the special jury two of the common jurymen. 1863H. Cox Instit. ii. iii. 355 In criminal cases it is not the practice to award a tales.
b. Comb. tales-book, a name for the entry-book of persons summoned on a tales: see quots.
[1604Coke Reports iv. 93 b, Le liuer appel les Tales. 1607Cowell, Tales, is the proper name of a booke in the Kings bench office [citing Coke]. ]1670Blount Law Dict., Tales, is also the name of a Book in the Kings Bench Office Of such Jury-men as were of the Tales. ]1823Crabb Techn. Dict., Tales-book. Hence in mod. Dicts.
▪ II. tales, taleshide
see tallith, talshide. |