KFLCC Kingdom Law 2nd Ed.

1144

TENURA EST PACTIO

TENENS

of no further use, and is therefore joined in the habendum, —"to have and to hold." 2 Bl. Comm. 298; 4 Cruise, Dig. 26. TENENS. A tenant; the defendant in a real action. TENENTIBUS IN ASSISA NON ON ERANDIS. 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 dam ages, if the disseisor had wherewith to sat isfy 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 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; •. e., civil possession, as distinguished from mere natural 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; TENUIT. Lat He holds; he held. In the Latin forms of the writ of 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. Cowell. TENMENTALE. The number of ten men, which number, in the time of the Sax ons, was called a "decennary;" and ten de cennaries made what was called a "hundred." 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 represented by 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 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. (Mass.) 65; Dana v. State, 2 Ohio St 93; State v. Bonney, 34 Me. 384; State v. Atkins, 5 Blackf. (Ind.) 458; State v. Chinn, 142 Mo. 507, 44 S. W. 245. 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 in 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. TENORE INDICTAMENTI MITTEN DO. A writ whereby the record of an in dictment, and the process thereupon, was called out of another court into the queen's bench. Reg. Orig. 69. TENORE PR.SSENTIUM. By the ten or of these presents, i. e., the matter con tained therein, or rather the intent and meaning thereof. Cowell. TENSERIiE. A sort of ancient tax or military contribution. Wharton. TENTATES PANTS. 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 extension of the statute of frauds, and requires the reduction of contracts to writing. TENTHS. In English law. A tempo rary 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.^ 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 afterwards made a part of the fund called "Queen Anne's Bounty." 1 Bl. Comm. 23-1-286. 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, ' Tennra est pactio contra oommunem £endi natnrajm ac rationem, in contractu interposita. Wright, Ten. 21. Tenure is