Blacks Law Dict. 1st ed

1160

TENDER OF AMENDS

TENNE

TENENDUM. Lat. To hold; to be holden. The 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 tenures have been converted into socage, the tenendum i» of no further use, and is therefore joined in the habendum, — "to have and to hold." 2 Bl. Comm. 298; 4Cruse, Dig. 26. TENENS. A tenant; the defendant In a real action. TENENTIBUS IN AS SIS A NON ONERANDIS. A writ that formerly lay for him to whom a disseisor had alienated the land whereof he disseised another, that he should not be molested in assize for damages, if the disseisor had wherewith to satisfy them. Beg. 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, thi* term expresses merely the fact of manual deten tion, or the corporal possession of any object, without involving the question of title; while habere (and especially possidere) denotes the maintenance of possession by a lawful claim; i. e., civil possession, as distinguished from mere nat ural possession. TENERI. The Latin name for that clause in a bond in which the obligor expresses that he is "held and firmly bound" to the obligee, his heirs, etc. TENET; TENTJIT. Lat. He holds; he held. In the Latin forms of the writ oi waste against a tenant, these words intro duced the allegation of tenure. If the ten ancy still existed, and recovery of the land was sought, the former word was used, (and the writ was said to be "in the tenet") If the tenancy had already determined, the lat ter term was used, (the writ being described as "in the tenuit,") and then damages only were sought. TENHEDED, or TIENHEOFED. In old English law. A dean. Co well. TENMENTALE. The number of ten men, which number, in the time of the Sax ons, was called a "decennary;" and ten decen naries made what was called a "hundied." Also a duty or tribute paid to the crown, consisting of two shillings for each plow land. Enc. Lond. TENNE. A term of heraldry, meaning orange color. In engravings it should be

TENDER OP AMENDS. An offer by a person who has been guilty of any wrong or breach of contract to pay a sum of money by way of amends. If a defendant in an ac tion make tender of amends, and the plain tiff decline to accept it, the defendant may pay the money into court, and plead the pay ment into court as a satisfaction of the plain tiff's claim. Mozley & Whitley. TENDER OF ISSUE. A form of words in a pleading, by which a party offers to refer the question raised upon it to the ap propriate mode of decision. The common tender of an issue of iact by a defendant is expressed by the words, "and of this he puts himself upon the country." Steph. PI. 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 be of a permanent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal, kind. Thus, liberum tenementum, frank tenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc. 2 Bl. Comm. 16. "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. Ita original meaning, according to some, was " house " or " homestead. " Jacob. In modern use it also signifies rooms let in houses. Webster. TENEMENTAL LAND. Land distrib uted by a lord among his tenants, as opposed to the demesnes 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 controversy touching the same. Beg. Orig. 244. TENENDAS. In Scotch law. The name of a clause in charters of heritable rights, which derives its name from its first words, "tenendas prcediczas terras;" it points out the superior of whom the lands are to be holden, and expresses the particular tenure. Ersk. Inst. 2, 3, 24.

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