TAKE

1. To lay hold of; to gain or receive into possession; to seize; to deprive one of the possession of; to assume ownership. Thus, it is a constitutional provision that a man’s property shall not be taken for public uses without just compensation. Evansville A C. R. Co. v. Dick, 0 Ind. 433. 2. To obtain or assume possession of a chattel unlawfully, and without the owner’s consent; to appropriate things to one’s own use with felonious intent Thus, an actual taking is essential to constitute larceny. 4 Bl. Comm. 430. 3. To seize or apprehend a person; to arrest the body of a person by virtue of lawful process. Thus, a capias commands the officer to take the body of the defendant 4. To acquire the title to an estate; to receive an estate in lands from another person by virtue of some species of title. Thus, one is said to “take by purchase,” “take by descent” “take a life-interest under the devise,” etc. 5. To receive the verdict of a jury; to superintend the delivery of a verdict; to hold a court. The commission of assize in England empowers the judges to take the assizes; that is, according to its ancient meaning, to take the verdict of a peculiar species of Jury called an “assize;” but in Its present meaning, “to hold the assizes.” 8 Bl. Comm. 59, 185.” Take up. A party to a negotiable instrument, particularly an indorser or acceptor, is said to “take up” the paper, or to “retire” it when he pays its amount or substitutes other security for it, and receives It again into his own hands.