TOOK AND CARRIED AWAY, pleadings. In an indictment¹ for simple larceny², the words "feloniously took and carried away" the goods stolen, are indispensable. Bac. Abr. Indictment, GI; Com. Dig. Indictment, G 6; Cro. C. C. 37; 1 Chit. Cr. Law, 0244. Vide Taking.

TOOLS. The Massachusetts act of assembly of 1805, c. 100, which provided that "the tools of any debtor³ necessary for his trade and occupation, should be exempted⁴ from execution," was held to designate those implements⁵ which are commonly used by the hand of one man, in some manual labor⁶ necessary for his subsistence. The apparatus⁷ of a printing office, such as types, presses, &c. are not therefore included under the term tools. 13 Mass. Rep. 82; 10 Pick. 423; 3 Verm. 133; and see 2 Pick. 80; 5 Mass. 313.

2. By the forty-sixth section of the act of March 2, 1789, 1 Story's Laws U. S. 612, the tools or implements of a mechanical trade of persons who arrive in the United States, are free and exempted from duty.

TORT. An injury; a wrong; (q. v.) hence the expression an executor de son tort, of his own wrong. Co. Lit. 158.

2. Torts may be committed with force, as trespasses⁹, which may be an injury to the person, such as assault, battery, imprisonment¹⁰; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal¹¹ or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance. 1 Chit. Pl. 133-4. Vide 1 Fonb. Eq. 4; Bouv. Inst. Index, h. t.; and the article Injury.

TORTFEASOR. A wrong-doer, one who does wrong; one who commits a trespass⁸ or is guilty of a tort.

TORTURE, punishments. A punishment inflicted¹² in some countries on supposed criminals to induce them to confess their crimes, and to reveal their associates.

2. This absurd and tyrannical practice never was in use in the United States; for no man is bound to accuse himself. An attempt to torture a person accused of crime, in order to extort¹³ a confession¹⁴, is an indictable offence. 2 Tyler, 380. Vide Question.