Blacks Law Dict. 1st ed

1161

TENURE

TENOR

In English ecclesiastical law. The tenth part of the annual profit of every liv ing in the kingdom, formerly paid to the pope, but by statute 26 Hen. VIII. c. 3, transferred to the crown, and afterward* made a part of the fund called " Queen Anne's Bounty." 1 Bl. Comm. 284-286. TENUIT. A term used in stating the tenure in an action for waste done after the termination of the tenancy. See TENET. TENURA. In old English law. Tenure. Tenura est pactio contra communem feudi naturam ac rationem, In con tractu interposita. Wright, Ten. 21. Tenure is a compact contrary to the common nature and reason of the fee, put into a con tract. TENURE. The mode or system of hold ing lands or tenements in subordination to some superior, which, in the feudal ages, was the leading characteristic of real property. Tenure is the direct result of feudal ism, which separated the dominium directum, (the dominion of the soil,) which is placed mediately or immediately in the crown, from the dominium utile, (the possessory title,) the right to the use and profits in the soil, designated by the term "seisin," which ia the highest interest a subject can acquire. Wharton. Wharton gives the following list of tenures which were ultimately developed: LAY TENUBES. I. Frank tenement, or freehold. (1) The mili tary tenures (abolished, except grand serjeanty, and reduced to free socage tenures) were: Knight service proper, or tenure in chivalry; grand ser jeanty; cornage. (2) Free socage, or plow-serv ice; either petit sorjeanty, tenure in burgage, or gavelkind. II. Villeinage. (1) Pure villeinage, (whence copyholds at the lord's [nominal] will, which is regulated according to custom.) (2) Privileged villeinage, sometimes called "villein socage," (whence tenure in ancient demesne, which is an exalted species of copyhold, held according to cus tom, and not according to the lord's will,) and is of three kinds: Tenure in ancient demesne; priv ileged copyholds, customary freeholds, or free copyholds; copyholds of base tenure. SPIRITUAL TENURES. I. Frankalmoigne, or free alms. II. Tenure by divine service. Tenure, in its general sense, is a mode of holding or occupying. Thus, we speak of the tenure of an office, meaning the manner in which it is held, especially with regard to time, (tenure for life, tenure during good be havior,) and of tenure of land in the sense of occupation or tenancy, especially with refer

represented ty lines in bend sinister crossed by others bar-ways. Heralds who blazon by the names of the heavenly bodies, call it "dragon's head," and those who employ jewels, "jacinth." It is one of the colors called "stainand." Wharton. TENOR. A term used in pleading to de note that an exact copy is set out. 1 Chit. Crim. Law, 235. By the tenor of a deed, or other instru ment in writing, is signified the matter con tained therein, according to the true intent and meaning thereof. Cowell. "Tenor," in pleading a written instru ment, imports that the very words are set out. "Purport" does not import this, but is equivalent only to "substance." 5 Blackf. 458; 1 Cush. 46; 5 Wend. 271. 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 chancery pleading. A certified copy of records of other courts removed into chan cery by certiorari. Gres. Eq. Ev. 309. Tenor est qui legem dat feudo. It is the tenor [of the feudal grant] which regu lates its effect and extent. Craigius, Jus Feud. (3d Ed.) 66; Broom, Max. 459. TEN ORE INDICTAMENTI MIT TENDO. A writ whereby the record of an indictment, and the process thereupon, was called out of another court into the queen's bench. Reg. Orig. 69. TENORE PRJESENTIUM. By the tenor of these presents, i. e., the matter con tained therein, or rather the intent and mean ing thereof. Cowell. TENSERI2E. A sort of ancient tax or military contribution. Wharton. TENTATES PANIS. The essay or as say of bread. Blount. TENTERDEN'S ACT. In English law. The statute 9 Geo. IV. c. 14, taking its name from Lord Tenterden, who procured its enactment, which is a species of exten sion of the statute of frauds, and requires the reduction of contracts to writing. TENTHS. In English law. A tem porary aid issuing out of personal property, and granted to the king by parliament; for merly the real tenth part of all the mov ables belonging to the subject. 1 Bl. Comm. 308 j

Archive CD Books USA