A New Law Dictionary and Institute of the Whole Law

TENANT-entioned.

be ample is called with refemore to each estate, a tenant in fee simple; if the estate with a person brides an estate tall be is then clei, with reference to such estate, a tenant in tall; if it is an estate for years, he is then called tenant for years. ad ca The word-tenant," therefore, when apt led to a person, ways jrxup poses its person to be the belier or pos sor of an estate of some kisi or other, but what kind of estate it is cannot be determined without worse ad iitional adjuncta being asociated with the word "tenant?" as the works in fee simple." in tall,"

- for life," for years," &c. which at once define the extent of interest which the tenant has in the lands or tenements.

See also titles ESTATE; TENURES; and succeeding titles.

Tenants in

TENANT IN COMMON. common are generally defined to be such as hold by several and distinct titles, but by unity of possession, because none knows his own severalty, and therefore they all occupy promiscuously.

See also title ESTATE.

TENANT BY THE CURTESY: See title CURTESY OF ENGLAND; also title ESTATE.

TENANT TO THE PRÆCIPE: See title RECOVERY.

TENANT AT SUFFERANCE: See title SUFFERANCE.

TENANT IN TAIL: See title TAIL.

TENANT IN TAIL AFTER POSSIBILITY OF ISSUE EXTINCT. The meaning of this title may be thus explained. Supposing lands to be given to a man and the heirs of his body on Mary his present wife to be begotten; such a man, with reference to the lands which he holds in such a restricted form is called a tenant in tail. Now, if his wife Mary should happen to die without leaving issue, or having left issue, such issue should die also, he would then be called a tenant in tail after possibility of issue extinct; that is, the possibility of his having issue which could inherit the lands, would, on account of the death of his wife, be extinct, or extinguished; or, in other words, such a possibility could no longer exist, because Mary his wife, who was the only source from which he could derive issue capable of inheriting according to the terms of the gift, was dead, and therefore he would now be a tenant in tail after the possibility this having issue (that is, by his wife Jary) had become extinct. Such a tenant not bar the estate tail; but in considerGion of the eminency of his estate, which greater than that of an estate for life,

TENANT IN TAIL AFTER POSSIBILITY OF ISSUE EXTINCT

be is deponatable for waste, not being wilful abi lodickscale.

TENANT IN TAIL EX PROVISIONE VIRI Where an owner of hands upon or previously to marrying a wife, settled labia upon himself and his wife, and the heirs of their two bodies begotten, and then died, the wife as survivor became tenant in tail of the Lasband's lands in eonsexy teace of the husband's provision (ez provisione viri). Originally she could bar the estate tail like any other tenant in tal; but the husband's intentia having been merely to provide for her during her widowhood, and not to enable her to bar his children of their inheritance, she was very early restrained from so doing by the stat. 32 Hen. 8, e. 36.

TENANT AT WILL: See title WILL, ESTATE AT.

TENDER. In order to a valid tender the money tendered must be actually produced, unless the creditor dispenses with the production of it at the time (Thomas v. Erans, 10 East, 101). The tender must also be unconditional; and for this purpose, in case a receipt is wanted, the debtor should bring a stamped receipt with him, and require the creditor to sign it, and to pay the amount of the stamp. Laing v. Meader, 1 C. & P. 257.

See also next title. TENDER, PLEA OF. Signifies a plea by which the defendant alleges that he has been always ready to pay the debt demanded, and before the commencement of the action tendered it to the plaintiff, and now brings it into Court ready to be paid to him, &c. (Steph. Pl. 247; Bull. & L. Prec. in Pl. 693.) The plea of tender must be accompanied by an actual payment of the amount into Court, such payment being in fact stated in the plea. The plea amounts to an admission of the cause of action.

TENDERING ISSUE. If in the pleadings in an action the defendant traverses or denies some allegation of fact put forward by the plaintiff in his declaration or other pleading, it is evident that a question is at once raised between the parties as to the existence or non-existence, truth or falsehood, of the fact to which the traverse or denying is directed. A question being thus raised, or, in other words, the parties having arrived at a specific point, or matter affirmed on the one side and denied on the other, the defendant (as the party traversing) is obliged to offer to refer this question to the proper mode of trial, which he does by annexing to the traverse an appropriate formula indicative of such

TENDERING ISSUE-continued. offer, and in so doing he is said to "tender issue." Where the question for trial is one of fact, the formula is simply as follows: and of this the defendant puts himself upon the country," &c., meaning that, with regard to the question in issue, he throws himself upon a jury of his country. It must be observed, however, that other issues besides those of fact are frequently tendered. Steph. Pl. 59, 60, 5th ed.

See also title ISSUE. TENEMENT. This word has a very comprehensive signification in law, including within its compass every species of real property which may be held, or in respect of which a person may be a tenant. The word is used in the following manner by Blackstone. "Almost all the real property of this kingdom is by the policy of our laws supposed to be granted by, dependent upon, and holden of, some superior lord, by and in consideration of certain services to be rendered to the lord by the tenant or possessor of his property. The thing holden is, therefore, styled a tenement, the possessor thereof a tenant, and the manner of his possession a tenure." As thus used, the word "tenement " extendeth to land and messuages of all three varieties, whether freehold, copyhold, or leasehold. It is the most general word for all real property subjects. Sometimes, and not uncommonly in popular usage, it denotes simply a house, e.g., in the phrase "all that messuage or tenement."

See also title TENURE.

TENENDUM. That formal part of a deed which is characterised by the words "to hold." It was formerly used to express the tenure by which the estate granted was to be held; but since all freehold tenures have been converted into socage, the tenendum is of no further use, and is therefore joined in the habendum. 4 Cruise, 26.

TENTERDEN'S ACT (LORD). The 9 Geo. 4, c. 14, is so called, which is declared to be "An Act for rendering a written memorandum necessary to the validity of certain promises and engage

ments.

These are four in number, that is to say:

(1.) A promise to bar the Statute of Limitations (s. 1);

(2.) A promise by an adult to pay a debt contracted by him during infancy (s. 5); *

By Infants' Relief Act, 1874 (37 & 38 Vict. c. 62), this section of Lord Tenterden's Act seems to be in effect repealed.

TENTERDEN'S ACT (LORD)-contd.
(3.) Representations of ability in trade,

upon the strength of which credit is intended to be given (s. 6); and (4.) Contracts for the sale of goods amounting in price to £10 or upwards, notwithstanding such goods have yet to be made or finished (s. 7).

TENTHS. Tenths and fifteenths were temporary aids issuing out of personal property, and granted to the King by Parliament. They were formerly the real or actual tenth or fifteenth part of all the moveables belonging to the subject; where such moveable or personal estates were a very different and much less considerable thing than they are at present (see further, title TAXATION). Ecclesiastical tenths were of a somewhat different nature, being the tenth part of the annual profit of each living, which, with the first fruits (or the first year's profit of the living), was claimed by the Holy See from the clergy of the English Church, under the supposed authority of a precept of the Levitical law. At the time of the Reformation the clergy continued to pay the same tax, but then paid it to the king, who had become head of the church; but upon the accession of Queen Anne, that queen abandoned this source of revenue, and allotted it to trustees for the purpose of augmenting poor livings.

See titles FIRST FRUITS; QUEEN

ANNE'S BOUNTY.

TENURE. Tenure signifies the system of holding lands or tenements in subordination to some superior, and which in the feudal ages was the leading characteristic of real property. The king, who was at once the source of property and the fountain of justice and honour, had bestowed large territories on the great barons who immediately surrounded the throne, and these again had distributed his bounty through the channels of their numerous dependants. In legal contemplation, at least, all the landowners of the kingdom thus derived their estates. On this hypothesis, so consonant to the genius and history of feuds, the system of tenure was built; a system which linked every feudatory, by a chain more or less extended, to the Crown, and rendered his fief eventually liable to resumption by the Sovereign power from which it had, or was assumed to have, originally emanated. The nature of the tenure, or, in other words, the manner in which lands were held, was characterised by appropriate terms; thus, lands held by the honourable tenure of military service, that is, in consideration of attending or assisting the lord in the wars, &c., were distinguished

TENURE-continued.

by the corresponding term of tenure by knight service, &c. Out of this system arose the relation of lord and vassal, corresponding to a certain extent with the landlord and tenant of the present age. To this system we may also refer the origin of the present legal assumption, that every possessor of real property is a tenant in respect of that property; that he is still considered as holding it of some superior lord, and therefore is a tenant in reference to such lord. To this system may also be referred the origin of the present freehold and copyhold tenures, into the one or the other of which nearly all the various tenures which existed during the period of feudal rigour have merged. Such is a general idea of the nature of tenure; the different kinds of tenure will be found under their respective titles; and see also titles, ESTATES, FEUDAL TENURES, and next following title.

TENURE OF LAND, HISTORY OF. is a disputed question whether tenure existed in Anglo-Saxon times. It is the opinion of Spelman, Madox, Wright, Blackstone, and Williams, that no tenure existed till 1066. On the other hand, Hallam mentions that writers of equal authority (whose names, however, he significantly does not give) have held a different theory; and he himself is of opinion, that if actual tenure did not exist, at least something very closely analogous to it did exist in Anglo-Saxon times.

It is true that in Anglo-Saxon times all lands were subject to services or burdens; namely,

(1.) Military services in defensive war; (2) The repair of roads and bridges; and

(3.) The maintenance of royal fortresses; these being the three burdens comprised in the trinoda necessitas. But it appears that for the neglect to render these services the Anglo-Saxon owner did not forfeit his lands, but at the most was liable in damages only; whereas in AngloNorman times the holder in case he neglected the services that were due and owing from him forfeited the lands, and was not liable in damages merely, these services being the condition of his continuing to hold the lands. In brief, the Anglo-Norman services were annexed to the tenure of the lands, whereas the Anglo-Saxon services were annexed to the lands themselves; and therein precisely consists the distinction between feudal estates and allodial ownerships.

It is true that the lands of England, being subject in Anglo-Saxon times to the rvices of the trinoda necessitas, were itted to receive readily and naturally the

TENURE OF LAND, HISTORY OF -continued.

peculiar impress of feudalism; the difference between annexing the services to the tenure and annexing them to the lands was very slight. That, however, is no reason for confounding two distinct things, or for saying that things which were analogous merely are identical; and the English lawyer knows, therefore, of no tenure prior to 1066.

TERM. The word "term" is commonly used in two senses; (1.) As signifying those four periods of the year during which the Courts at Westminster sit to hear and determine points of law, and transact other legal business of importance, and which are called respectively Hilary, Easter, Trinity, and Michaelmas Terms. It was proposed by the Judicature Act, 1873, to abolish the distinction of terms from sittings after term; but the proposed abolition is rather nominal than real, like most of the other proposed changes of that Act; and the Act itself has been postponed in its operation. (2.) As signifying the bounds, limitation, or extent of time, for which an estate is granted; as when a man holds an estate for any limited or specific number of years, which is called his term, and he himself is called, with reference to the term he so holds, the termor, or tenant of the term. A term of years, considered as an estate or interest in lands, is but a particle, or portion, of some larger or greater estate or interest in the same lands, and hence is, with reference to such larger estate, termed a particular estate. The largest estate or interest which a person can have is obviously the entire ownership or inheritance, which may be termed the root or stock from which all particular estates or limited interests in the same lands are derived. A term of years is said to be either outstanding, i.e., in gross, or attendant upon the inheritance. It is outstanding or in gross when it is unattached or disconnected with the estate or inheritance, as where it is in the hands of some third party having no interest in the inheritance; it is attendant when vested in some trustee in trust for the owner of the inheritance. Thus, supposing A. to be the owner of the inheritance, and to have occasion for a loan of £1000, which B. is willing to advance. A. may lease the land to B. for a term of 1000 years, not reserving any rent, or reserving only a nominal rent, the lease containing a clause that if A. repays the sum of £1000 with interest to B. on a given day, the term shall cease; the payment is not, in fact, made on the day, so that the clause of cesser becomes wholly nugatory; but on a subsequent day A. pays B. the principal

TERM-continued.

and interest. What is now to become of the term? The purpose for which it was granted has been satisfied, but still the term continues to exist, and resides in B., who by virtue thereof is entitled in a Court of Law to recover the possession of the land for the remaining portion of the term. In point of conscience, it is true that B. ought to restore, and in a Court of Equity he would be compelled to restore, the land to A. The only mode, therefore, of withdrawing from B. the legal ownership in the land, which he has now, in an equitable point of view, no longer any right to enjoy, is either to induce B. to surrender the term to A., by which, by the operation of a legal doctrine termed "merger" (see that title), the term would be absorbed in the inheritance, and would cease to have any continued existence; or to procure him to make a transfer or assignment of his interest in the term to some third party as a trustee for A., to the intent that such third party shall hold the term solely for the benefit of A.'s inheritance. This latter course is that which for many reasons is frequently had recourse to in preference to the former, and when a term has been thus transferred or assigned, it is technically said to "attend upon the inheritance," because whosoever becomes entitled to the inheritance would be equitably entitled to such term as belonging to it, and the term itself is thence called an "attendant term."

Such attendant terms were frequently of great use in protecting the estate of a purchaser against prior unknown incumbrances; but being also liable to abuse, it has been provided by the Satisfied Terms Act (8 & 9 Vict. c. 112), that terms already attendant on the 31st of December, 1845, and also terms becoming attendant subsequently to that date, shall absolutely cease; but as to the former, where they are attendant by express declaration only, they are to continue (although non-existing) to afford the old protection.

TERM FEE. A small fee or allowance which an attorney in a cause is entitled to for every term in which any step is taken in the cause, from the time of the delivery of the declaration until final judgment. The term for this purpose is considered as including the following vacation, so that if any step in the cause is taken between one term and another, as, for instance, between Michaelmas and Hilary Terms, i.e., in Michaelmas vacation, the attorney will be entitled to his fee for Michaelmas Term the same as if the step had been actually taken in the term itself. The amount of the fee varies from 138. to 208.

TERMINUM QUI PRETERIIT, WRIT OF ENTRY AD. A writ which lay for the reversioner, when the possession was withheld by the lessee, or a stranger, after the determination of a lease for years.

TERRE-TENANT. He who is literally in the occupation or possession of the land, as distinguished from the mere owner of the same. The phrase also denotes sometimes the owner of the legal estate, e.g., the trustee's estate; and in that sense, although the cestui que trust should die without heirs, the lands will not escheat to the lord for want of a tenant (per defectum sanguinis), for the trustee is the terre-tenant. Burgess v. Wheate, 1 Eden,

177.

ACTS.

TEST AND CORPORATION Were Acts passed for the better securing the Established Church against perils from Nonconformists of all denominations, infidels, Turks, Jews, heretics, Papists, and sectaries. By the latter Act no person could be legally elected to any office relating to the government of any city or corporation unless within the previous twelvemonth he had received the Sacrament of the Lord's Supper according to the rites of the Church of England; and he was also enjoined to take the oaths of allegiance and supremacy at the same time that he took the oath of office. The former Act, or Test Act, directed all officers, civil and military, to take the oaths, and make the declaration against transubstantiation in any of the King's Courts at Westminster, or at the quarter sessions, within six calendar months after their appointment, and also within the same time to receive the Sacrament of the Lord's Supper, according to the usage of the Church of England, in some public church immediately after Divine Service and sermon, and to deliver into the Court a certificate thereof, signed by the minister and churchwarden, and also to prove the same by two credible witnesses, under a forfeiture of £500, and disability to hold the office.

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