TECHNICAL. That which properly belongs to an art.
2. In the construction of contracts, it is a general rule that technical
words are to be taken according to their approved and known use in the trade in
which the contract is entered into, or to which it relates, unless they have
manifestly been understood in another sense by the parties. 2 B. & P. 164; 6
T. R. 320; 3 Stark. Ev. 1036, and the article Construction.
3. Words which do not of themselves denote that they are, used in a technical
sense, are to have their plain, popular, obvious and natural meaning. 6 Watts
& Serg. 114.
4. The law, like other professions, has a technical language. "When a
mechanic speaks to me of the instruments aud operations of his trade,", says Mr.
Wynne, Eunom. Dial. 2, s. 5, "I shall be as unlikely to comprehend him, as he
would me in the language of my profession, though we both of us spoke English
all the while. Is it wonderful then, if in systems of law, and especially among
the hasty recruits of commentators, you meet (to use Lord Coke's expression)
with a whole army of words that cannot defend themselves in a grammatical war?
Technical language, in all cases, is formed from the most intimate knowledge of
any art. One words stands for a great many, as it is. always to be resolved into
many ideas by definitions. It is, therefore, unintelligible, because it is
concise, and it is useful for the same reason." Vide Language.
TEINDS, Scotch Law. That liquid proportion of the rents or goods of
the people, which is due to churchmen for performing divine service, or
exercising the other spiritual functions proper to their several offices. Ersk.
Pr. L. Scot. B. 2, t. 10, s. 2. See Tithes.
TELLER. An officer in a bank or other institution. He is said to take
that name from tallier, or one who kept a tally, because it is his duty to keep
the accounts between the bank or other institution and its customers, or to make
their accounts tally. In another sense teller signifies a person appointed to
receive votes. In England the name of teller is given to certain officers in the
TEMPORARY. That which is to last for a limited time; as, a temporary
sta-tute, or one which is limited in its operation for a particular period of
time after its enactment the opposite of perpetual.
TENANCY or TENANTCY. The state or condition of a tenant; the estate
held by a tenant, as a tenant at will, a tenancy for years.
TENANT, estates. One who holds or possesses lands or tenements by any
kind of title, either in fee, for life, for years, or at will. See 5 Mann. &
Gr. 54; S. C. 44 Eng. C. L. Rep. 39; 5 Mann. & Gr. 112; Bouv. Inst. Index, h
2. Tenants may be considered with regard to the estate to which they are
en-titled. There are tenants in fee; tenants by the curtesy; tenants in dower;
tenants in tail after. possibility of issue extinct; tenants for life tenants
for years; tenants from year to year; tenants at Will; and tenants at suffrance.
When considered with regard to their number, tenants are in severalty; tenants
in common; and joint tenants. There is also a kind of tenant, called tenant to
the praecipe. These will be separately examined.
3. Tenant in fee is he who has an estate of inheritance in the land. See
4. Tenant by the curtesy, is where a man marries a woman seised of an estate
of inheritance, that is, of lands and tenements in fee simple or fee tail; and
has by her issue born alive, which was capable of inheriting her estate. In this
case he shall, on the death of his wife, hold the lands for life, as tenant by
the curtesy. Co. Litt. 29, a; 2 Lilly's Reg. 656; 2 Bl. Com. 126. See
5. Tenant in dower is where the hushand of a woman is seised of an estate of
inheritance, and dies; in this case, the wife shall have the third part of the
lands and tenements of which he was seised at any time during the coverture, to
hold to herself during the term of her natural life. 2 Bl. Com. 129; Com. Dig.
Dower, A 1. See Dower.
6. Tenant in tail after possibility of issue extinct, is where one is tenant
in special tail, and a person from whose body the issue was to spring, dies
without issue; or having issue, becomes extinct; in these cases the survivor
becomes tenant in tail after possibility of issue extinct. 2 Bl. Com. 124; and
vide Estate tail after possibility of issue extinct.
7. Tenant for life, is he to whom lands or tenements are granted, or to which
he derives by operation of law a title for the term of his own life, or for that
of any other person, or for more lives than one.
8. He is called tenant for life, except when he bolds the estate by the life
of another, when he is called tenant er autre vie. 2 Bl. Com. 84; Com. Dig.
Estates, E 1; Bac. Ab. Estates, See Estate for life; 2 Lilly's Reg. 557.
9. Tenant for years, is he to whom another has let lands, tenements and
hereditaments for a term of certain years, or for a lesser definite period of
time, and the lessee enters thereon. 2, Bl. Com. 140; Com. Dig Estates by grant,
10. A tenant for years has incident to, and unseparable from his estate,
unless by special agreement, the same estovers to which a tenant for life is
entitled. See Estate for life. With regard to the crops or emblements, the
tenant for years is not, in general, entitled to them after the expiration of
his term. 2 Bl. Com. 144. But in Pennsylvania, the tenant is entitled to the way
going crop. 2 Binn. 487; 5 Binn. 285, 289 2 S. & R. 14. See 5 B. & A.
768; this Diet. Distress; Estate for years; Lease; Lessee; Notice to quit.;
11. Tenant from year to year, is he to whom another has let lands or
tenements, without any certain or determinate estate; especially if an annual
rent be reserved Com. Dig. Estates, R 1. And when a person is let into
possession as a tenant, without any agreement as to time, the inference now is,
that he is a tenant from year to year, until the contrary be proved; but, of
course, such presumption may be rebutted. 3 Burr. 1609; 1 T. R. 163; 3 T. R. 16;
5 T. R. 471; 8 T. R. 3; 3 East 451. The difference between a tenant from year to
year, and a tenant for years, is rather a distinction in words than in
substance. Woodf., L. & J. 163.
12. Tenant at will, is when lands or tenements are let by one man to another,
to have and th bold to him at the will of the lessor, by force of which the
lessee is in possession. In this case the lessee is called tenant at will.
13. Every lease at will must be at the will of both parties. Co. Lit. 55; 2
Lilly's Reg. 555; 2 Bl. Com. 145., See Com. Dig. Estates, H 1; 12 Mass. 325; 1
Johns. Cas. 33; 2 Caines' C. Err. 314; 2 Caines' R. 169; 17 Mass. R. 282; 9
Johns. R. 331; 13 Johns. R. 235. Such a tenant may be ejected by the landlord at
any time. 1 Watt's & Serg. 90.
14. Tenant at suffrance, is he who comes into possession by a lawful demise,
and after his term is ended, continues the possession wrongfully, and holds
over. Co. Lit. 57, b; 2 Leo. 46; 3 Leo. 153. See 1 Johns. Cas. 123; 5 Johns. R.
128; 4 Johns. R. 150; Id. 312.
15. Tenant in severalty, is he who holds land and tenements in his own right
only, without any other person being joined or connected with him in point of
interest, during his estate therein. 2 Bl. Com. 179.
16. Tenants in common, are such as hold by several and distinct titles, but
by unity of possession. 2 Bl. Com. 161. See Estate in common; 7 Cruise, Dig.
Ind. tit. Tenancy in Common; Bac. Abr. Joint-Tenants and Tenants in Common; Com.
Dig. Abatement, E 10, F 6; Chancery, 3 V 4 Devise, N 8; Estates, K 8, K 2 Supp.
to Ves. jr. vol. 1, 272, 315; 1 Vern. It. 353; Arch. Civ. Pl. 53, 73.
17. Tenants in common may have title as such to real or personal property;
they may be tenants of a house, land, a horse, a ship, and the like.
18. Tenants in common are bound to account to each other; but they are bound
to account only for the value of the property as it was when they entered, and
not for any improvement or labor they put upon it, at their separate expense. 1
McMull. R. 298. Vide Estates in common; and 4 Kent, Com. 363. Joint tenants, are
such as hold lands or tenements by joint tenancy. See Estate in joint tenany; 7
Cruise, Dig. Ind. tit. Joint Tenancy; Bac. Abr. Joint Tenants and Tenants in
Common; Com. Dig. Estates, K 1; Chancery, 3 V 1; Devise, N 7, N 8; 2 Saund. Ind.
Joint Tenants; Preston on Estates, 2 Bl. Com. 179.
19. Tenants to the praecipe, is be against whom the writ of praecipe is
brought, in suing out a common recovery, and must be the tenant or seised of the
freehold. 2 Bl. Com. 362.
TENANT OF THE DEMESNE, Eng. law. One who is tenant of a mesne lord; as
where A is tenant of B, and C of A; B is the lord, A the mesne lord and C tenant
of the demesne. Ham. N. P. 392, 393.
TENANT BY THE MANNER. One who has a less estate than a fee in land,
which remains in the reversioner. He is so called because in avowries and other
pleadings, it is specially shown in what manner, he is tenant of the land, in
contradistinction to the veray tenant, who is called simply, tenant. Hamm. N. P.
393. See Veray.
TENANT PARAVAIL, English law. The tenant of a tenant; and is so called
because he has the avails or profits of the land. Ham. N. P. 892, 393.
TENANT RIGHT, Eng. law. In leases from the crown, corporations or the
church, it is usual to grant a further term to the old tenants in preference to
strangers, and, as this expectation is seldom disappointed, such tenants are
considered as baying an ulterior interest beyond their subsisting term; and this
interest is called the tenant right. Bac. Ab. Leases and Terms for years, U.
TENDER, contracts, pleadings. A tender is an offer to do or perform an
act which the party offering, is bound to perform to the party to whom the offer
2. A tender may be of money or of specific articles; these will be separately
considered. §1. Of the lender of money. To make la valid tender the following
requisites are necessary: 1. It must be made by a person capable of paying: for
if it be made by a stranger without the consent of the debtor, it will be
insufficient. Cro. Eliz. 48, 132; 2 M. & S. 86; Co. Lit. 206.
3. - 2. It must be made to the creditor having capacity to receive it, or to
his authorized agent. 1 Camp. 477; Dougl. 632; 5 Taunt. 307; S. C. 1 Marsh. 55;
6 Esp. 95; 3 T. R. 683; 14 Serg. & Rawle, 307; 1 Nev. & M. 398; S. C. 28
E. C. L. R. 324; 4 B. & C. 29 S. C. 10 E. C. L. R. 272; 3 C. & P. 453 S.
C. 14 E. C. L. R. 386; 1 M. & W. 310; M. & M. 238; 1 Esp. R. 349 1 C.
& P. 365
4. - 3. The whole sum due must be offered, in the lawful coin of the United
States, or foreign coin made current by law; 2 N. & M. 519; and the offer
must be unqualified by any circumstance whatever. 2 T. R. 305; 1 Campb. 131; 3
Campb. 70; 6 Taunt. 336; 3 Esp. C. 91; Stark. Ev. pt. 4, page 1392, n. g; 4
Campb. 156; 2 Campb. 21; 1 M. & W. 310. But a tender in bank notes, if not
objected to on that account, will be good. 3 T. R. 554; 2 B. & P. 526; 1
Leigh's N. P. c. 1, S. 20; 9 Pick. 539; see 2 Caines, 116; 13 Mass. 235; 4 N. H.
Rep. 296; 10 Wheat 333. But in such case, the amount tendered must be what is
due exactly, for a tender of a five dollar note, demanding change, would not be
a good tender of four dollars. 3 Campb. R. 70; 6 Taunt. R. 336; 2 Esp. R. 710; 2
D. & R. 305; S. C. 16 E. C. L. R. 87. And a tender was held good when made
by a check contained in a letter, requesting a receipt in return which the
plaintiff sent back demanding a larger sum, without objecting to the nature of
the tender. 8 D. P. C. 442. When stock is to be tendered, everything must be
done by the debtor to enable him to transfer it, but it is not absolutely
requisite that it should be transferred. Str. 504, 533, 579 .
5. - 4. If a term had been stipulated in favor of a creditor, it must be
expired; the offer should be made at the time agreed upon for the performance of
the contract if made afterwards, it only goes in mitigation of damages, provided
it be made before suit brought. 7 Taunt. 487; 8 East, R. 168; 5 Taunt. 240; 1
Saund. 33 a, note 2. The tender ought to be made before day-light is entirely
gone. 7 Greenl. 31.
6. - 5. The condition on which the debt was contracted must be fulfilled.
7. - 6. The tender must be made at the place agreed upon for the payment, or,
if there be no place appointed for that purpose, then to the creditor or his
authorized agent. 8 John. 474; Lit. Sel. Cas. 132; Bac. Ab. h. t. c.
8. When a tender has been properly made, it is a complete defence to the
action but the benefit of a tender is lost, if the creditor afterwards demand
the thing due from the debtor, and the latter refuse to pay it. Kirby, 293.
9. - §2. Of the tender of specific articles. It is a rule that specific
articles maybe tendered at some particular place, and not, like money, to the
person of the creditor wherever found. When no place is expressly mentioned in
the contract, the place of delivery is to be ascertained by the intent of the
parties, to be collected from the nature of the case and its circumstances. If,
for example, the contract is for delivery of goods from the seller to the buyer
on demand, the former being the manufacturer of the goods or a dealer in them,
no place being particularly named, the manufactory or store of the seller will
be considered as the place intended, and a tender there will be sufficient. When
the specific articles are at another place at the time of sale, that will be the
place of delivery. 2 Greenl. Ev. §609 4 Wend. 377; 2 Applet. 325.
10. When the goods are cumbrous, and the place of delivery is not designated,
nor to be inferred from the circumstances, it is presumed that it was intended
that they should be delivered at any place which the creditor might reasonably
appoint; if the creditor refuses, or names an unreasonable place, the debtor may
select a proper place, and having given notice to the creditor, deliver the
goods there. 2 Kent, Comm. 507; 1 Greenl. 120; Chip. on Contr. 51 13 Wend. 95; 2
Greenl. Ev. §610. Vide, generally, 20 Vin., Ab. 177; Bac. Ab. h. t.; 1 Sell.
314; Com. Dig. Action upon the case upon Assumpsit, H 8-Condition, L 4 Pleader,
2 G 2-2 W, 28,49-3 K 23-3 M 36; Chipm, on Contr. 31, 74; Ayl. Pand. B. 4, t. 29;
7 Greenl. 31 Bouv. Inst. Index, h. t.
TENEMENT, estates. In its most extensive signification tenement
comprehends every thing which may be holden, provided it be of a permanent
nature; and not only lands and inheritances which are holden, but also rents and
profits a prendre of which a man has any frank tenement, and of which he may be
seised ut de libero tenemento, are included under this term. Co. Litt. 6 a; 1
Tho. Co. Litt. 219; Pork. s. 114; 2 Bl. Com. 17. But the word tenements simply,
without other circumstances, has never been construed to pass a fee. 10 Wheat.
204. In its more confined and vulgar acceptation, it means a house or building.
Ibid. an 1 Prest. on Est. 8. Vide 4 Bing. 293; S C. l1 Eng. C. L. Rep. 207; 1 T.
R. 358; 3 T. R. 772; 3 East, R. 113; 5 East, R. 239; Burn's Just. Poor, 525 to
541; 1 B. & Adolph. 161; S. C. 20 Engl. C. L. Rep. 36 8; Com. Dig. Grant, E
2; Trespass, A 2; Wood's Inst. 120; Babington on Auctions, 211, 212.
TENENDAS, Scotch law. The name of a clause in charters of heritable
rights which derives its name from its first words tenendus praedictas terras,
and expresses the particular tenure by which the lands are to be holden. Ersk.
Prin. B. 2, t. 3, n. 10.
TENENDUM, conveyancing. This is a Latin word, which signifies to
2. It was formerly that part of a deed which was used to express the tenure
by which the estate granted was holden; but since all freehold tenures were
converted into socage, the tenendum is of no further use even in England, and is
therefore joined to the habendum in this manner, "to have and to hold." The
words "to hold" have now no meaning in our deeds. 2 Bl. Com. 298. Vide
TENERI, contracts. That part of a bond where the obligor declares himself
to be held and firmly bound to the obligee, his heirs, executors,
administrators and assigns, is called the teneri. 3 Call, 350.