Page:Black's Law Dictionary (Second Edition).djvu/1151

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TENANT—RlGHT

distinguished from copyhold by many of its lncidenm.

2. The so-called tenant-right of renewal is the expectation of a lessee that his lease will be renewed. in cases where it is an established practice to renew leasa from time to ti.uie, as in the case of leases from the crown. from ecclesiastical corporations, or other coliefiate bodies. Strictly speaking, there can he no right of renewal against the lessor without an exprem compact by him ,to that elicct. though the existence of the custom often influences the price in sales.

3. The Ulster tenant-right may he de scrilued as a right on the tenant's part to sell his holding to the highest bidder. sub- ject to the existing or a reasonable increase of rent from time to time, as circumstances may require, with a reasonable Veto reserved to the landlord in respect of the incoming

teiiant’s character and solvency. Mozley 5: Whitley. TENAJNTS FIXTURES. This phrase

signifies things which are fixed to the free- hold of the demised premises, but which the tenant may detach and take away, provided he does so in season. Wall v. Hinds, 4 Gray (Mass) 256, 270, 64 Am. Dec. 64.

TENAINTABLE REPAIR. Such a repair as will render a house lit for present habitation.

TENCON. rel Kelham.

L. Fr. A dispute: :1 quar-

TEND. or offer.

In old English law. To tender Cowell.

TENDER. An offer of money; the act hy which one produces and offers to a person holding a claim or demand against him the amount of money which he considers and ad- mits to be due, in satisfaction of such claim or demand, without any stipulation or condition. Salinas v. Ellis. 26 S. C. 337. 2 S. E. 121; Tompkins v. Batie, 11 l\'cb. 147. 7 N. W. 747. 38 Am. Rep. 361; llolmes V. Holmes. 12 Barb. (N. Y.) 144; Smith v. Lewis. 26 Conn. 119; Noyes v. Wyckoff. 114 N. Y. 204. 21 N. E. 1338.

Tender. in pleading, is a plea by defend- ant 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. etc. Brown.

—Lega1 tender. That kind of coin. money, or circulating medium which the law compels a creditor to accept in payment of his debt, when tendered by the debtor in the right amount.- Tender of amends. An offer by a person who has been guilty of any wrong or breach of contract to pay .\ sum of money by wav of amends. If a defendant in an action make tender of amends, and the plaintiff decline to_ accept it, the defendant may pay the money into court. and plead the payment lnto court as a satis-

1143

TENENDUM

faction of the plaintiffs claim. Mozley dz Whit- ley.—Tender of issue. A form of words in a pleading, by which a party offers to refer the question raised upon it to the appropriate mode of decision. The common tender of an issue of fact by a defendant is expressed by the words. "and of this be puts himself upon the country.’ Staph. Pl. 54, 230.

TENEMENT. This term. in its vulgar acceptation. is only applied to houses and other buildings, but in its original, proper, and legal sense it signifies everything that may be holden. provided it he of a perma- nent natnre, whether it he of a substantial and sensible, or of an unsubstantial, ideal, kind. Thus. hbci-um tencmentiim, frank tenement, or freehold, is applicable not only to lands aud other solid objects, but also to offices. rents, conunoiis, ailvowsons. fracnhises. peerages. etc. 2 Bl. Comm. 16; Mit- cheil v. Warner, 5 Conn. 517: Oslmloosa Water Co. v. Board of Equalization. 84 Iowa. 407. 51 N. W. 18. 15 L. R. A. 296; Field v. Higgins. 35 Me. 341: Racket v. Wheaten, 17 Pick. (Mass) 105: Lenters v. Henlze. 73 Ill. 408. 24 Am. Rev. 203.

“Tenement" is a word of greater extent than "land." including not only land, but rents. commons, and several other rights and interests issuing out of or concerning land. 1 Steph. Comm. 158, 159.

Its original meaning, according to some, was ‘‘house’' or “homestcad." Jacob. In modern

use it also signifies rooms iet in houses. Web- ster.

—Doniixis.nt tenement. One for the benefit or advantage of which an easement exists or is enjo.\'ed.—Sex-vient tenement. One which is subject to the burden of an easement existing for or enjoyed by anoilier tenement. See EASE- MENT.

TENEMENTAL LAND. Land distrib- uted by a lord among his ienants, as opposed to the demesna which were occupied by him- self and his servants. 2 Bl. Comm. 90.

TENEMENTIS LEGATIS. An ancient writ, lying to the city of London, or any other corporation. (where the old custom was that men might devise by will lands and tenements, as well as goods and chattels.) for the hearing and determining any contro- versy touching the same. Reg. Orig. 244.

TENENDAS. In Scotch law. The name of a clause in charters of heritable rights. which derives its name from its first words. “tenendoa prwddefas tei~ras,"’ it points out the superior of whom the lands are to he holden, and expresses the particular tenure Eisk. Inst. 2, 3. 24.

TENENDUM. Lat. To hold: to be bold en. "he name of that formal part of a deed which is characterized 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 tenurcs have been converted into socage, the tcnemlum is