Page:Black's Law Dictionary (Second Edition).djvu/1152

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TENENS

of no further use, and is therefore joined in the hobmdum,—“to have and to hold." 2 Bl. Comm. 298: 4 Cruise, Dig. 26.

TENENS. real action.

A tenant: the defendant in a

TENENTIBUS IN ASSISR NON ON- ERANDIS. A writ that formerly lay for him to whom a disseisor had alienated the land whereof he disseised another, that be

should not be molested in assize for dam- ages, it the disseisor had wherewitb to satisfy them. Reg. Orig. 214.

TENERE. Lat. In the civil law. To hold; to hold fast; to have in possession; to

retain.

In relation to the doctrine of possession, this term e.\‘prc-sses merely the fact of manual detention, or the corporai possession of any object, without involving the question of title; while Imbcre (and especially possidero) denotes the maintenance of possession by a lawful claim;

I‘. e., civil possession, as distinguished from more rmtwrul possession.

TEN]-JRI. The Latin name for that clause in a bond in which the ohligor expresses that he is “held and firmly bound" to the obligee, his he s. etc.

TENET; '.I‘:l-:NU1"1‘. Lat. He holds; he held. In the Latin forms of the writ of waste against a tenant, these words intro-

dur.-ed the allegation of tenure. If the tenancy still existcd, and recovery or the land was sought, the former word was used, (and the writ was said to be “in the tcnct.”) If the tenancy had already determined, the latter teun was used. (the writ being described as "in the tcrmlt,") and then damages only were sought.

TENHBDED, or TIENIIEOFED. In old English law. A dean. Cowell. TENMENTALE. The numher or ten

men, which number, in the time of the Sox- ons, was called a “dccennary;” and ten deceunsnes made what “as called :1 “bumlred." Also ti duty or tiibute paid to the crown, consistlm: of two shillings for each plow- lnnd. Enc. Lond.

TENNIS. A term of heraldry, meaning orange color. In engravings it should he re]-rnst-uteri by lines in bend sinister crossed hr others bar-wavs. Heralds who hlazon by the names of the heavenly bodies, call it “all-agon‘s head." and those who employ jewels, "jaciuth." It is one of the colors called “stnin1nd." Wharton.

TENOR. A term used in pleading to de- note that an exact copy is set out. 1 Chit. Clim. Law. 235.

By the tenor of a deed, or other instru- ment in writing, is signified the matter can- Inined therein, according to the true intent and meaning thereof. Cowell.

1144

TEN URA EST PACTIO

“Tenor,” in pleading :1 written instrument. imports that the very words are set out "Purport" does not import this, but 'is equiv- alent only to “substance.” Com. v. Wright, 1 Cush. (.\Iass.) 65; Dana v. State, 2 Ohio St 93: State v. Bonney, 34 Me. 384; State v. Atkins, 5 Blackt. (Ind.) 458; State v. China, 142 Mo. 50?, 44 S. W. 215.

The action of proving the tenor. in Scot land, is an action for proving the contents and purport of a deed which has been lost. Bell.

In clumcex-y pleading. A certified copy of records of other courts removed in chacnery by oertiarnri. Gres. Eq. Ev. 309.

Tenor est 4111! legem dst feudo. It is the tenor [of the feudal grant] which regu- lates its effect and extent. Crnigius, Jus Feud. (3d Ed.) 66; Broom, Max. 459.

TENORE INDICTAMENTI MIITTEN- DO. A writ whereby the record of an indictment, and the process thereupon, was called out of another court into the queen's bench. Beg. Orig. 69.

TENORE PRESENTIUM. By the ten- or of these presonts_ i. e., the matter contained therein, or rather the intent and meaning thereof. Cowell.

TENSERIE. A sort of ancient tax or military contribution. Wharton.

TENTAT1-IS I-‘ANIS. The essay or assay of bread. Blount.

TENTEIRDI-}N'S ACT. In English law. The statute 9 Geo. IV. c. 14. taking its name trom Lord Tenterden, who procured its enactment, which is a species of extension of the statute of frauds, and requires the reduciion of contracts to writing.

TENT]-IS. In English law. A tempo- rary aid issuing out of peisonal property. nnd granted to the king by parliament; formerly the real tenth part of .1li the mov- ahles belonging to the subject 1 BL Comm. 308.

In English ecclesiastical law. The tenth part of the annual profit of every living in the kingdom, formerly paid to the pope, but by statute 26 Hen. VIII. c 3, transferred to the crown, and afterwards made a part of the fund call:-xi “Queen Anne's Bounty." 1 Bl. Comm. 281-286.

TENUIT. A term used in stating the tenure in an action for waste done after the termination of the tenancy. See Tnnnr.

'.l'1-INURA. In old English law. Tenure.

Tenure. est pnotio cnntrn. communem feudi natnram no rationem, in contract“

interposita. Wright, Ten. 21. Tenure is