Itl 



TENANT-IN-TAIL. 



TK.vm:. 



141 



reduced to thin form : " I give this land to you and your heirx." 

 1 . 1 The addition of the word " heir* " U absolutely necessary 

 in a deed, and no other expression will serve ; for any such words as 

 " I give the land to you ; " or "to you for ever ; " or " to you in f<v- 

 ample," would carry to the grantee nothing more than an estate for 

 life. Hut words of limitation, such a* " heirs," are not now necesaary 

 to pass a fee-ample by devise. (1 Vi.-t.. c. 'Jo, s. 28.) 



Lands in fee-ample in the hands of the heir were subject at common 

 law to the debts of the ancestor due to the crown and to specialty 

 debta. By the 11 Oeo. IV. and 1 Win. IV.. c. 47, a complete remedy 

 was given for all kinds of specialty debU, both against the heir and 

 devisee; and by the 3 ft 4 Wm. IV., c. 104, estates in fee-simple are 

 made liable in the hands of the heir or devisee for payment of the 

 simple contract debts of the ancestor. 



Estate* in fee-simple are forfeited to the crown for high treason. 

 (Co. Litt, 390 b.) In CMC* of petty treason and felony the forfeiture 

 to the crown is only for a year and a day, called the anniu, diet 

 rt mutom; after which time the estate escheats (in cases of petty 

 treason and murder) to the lord. By the 84 Geo. III., c. 145, the 

 forfeiture and escheat consequent upon attainder for felony, except in 

 cases of high treason, petty treason, and murder, are limited to the 

 life-interest of the offender. It would seem that this statute leaves the 

 offender the power of disposing of the estate after his decease. Tnist- 

 estates in fee-simple may be forfeited to the crown, but are not liable 

 to escheat. 



An estate to a man and his heirs may be given upon conditions or 

 limitations, which are capable of abridging or defeating it. The estate 

 cannot then properly be called a fee-simple ; but is, according to the 

 circumstances, a conditional, qualified, or base fee. (Co. Litt., 1 b.) 



TENANT-IN-TAIL. The origin and general nature of estates tail 

 have been already described. [ESTATE ; REMAINDER ; SETTI.EIIFNT. ) 



The estate of the tenant-in-tail has some essential characteristics. 

 He has a right to commit waste of all kinds by felling timber, pulling 

 down houses, opening mines, and doing other like acts ; and this right 

 of the tenant-in-tail cannot in any manner be restrained. The tenant- 

 in-tail in also entitled to the custody of the title-deeds, which the Court 

 of Chancery will order to be delivered up to him. He is not bound to 

 pay off incumbrances affecting the fee of the estate, as he has only a 

 particular interest, and not the entire property in the land; and it 

 seems that he is not in general even bound to keep down the interest 

 on such incumbrances ; though if he do pay off such incumbrances, it 

 will in general be presumed to have been done in exoneration of the 

 estate. 



By the statute De Donii the tenant-in-tail was restrained from alien- 

 ating hU estate in any manner for a longer period than his own life, 

 that is to say, the estate of the alienee, though not ipto facto deter- 

 mined by the death of the tenant-in-tail, became thereupon defeasible 

 by bin issue or the remainder-man or reversioner. 



If the tenant-in-tail conveyed his estate by lease and release, cove- 

 nant to stand seised, or bargain and sale and grant, the right of entry 

 of the issue and remainder-men was not affected by the conveyance. 

 But a feoffment or fine made or levied by the tenant-in-tail in posses- 

 sion by virtue of the entail, caused what was called a discontinuance of 

 the. estate tail, whereby the issue and the persons in remainder and 

 reversion lost their rights of entry and were driven to their action. A 

 fine duly levied with proclamations was an absolute bar to the issue, 

 though not to the remainder-men, creating what was called a base fee ; 

 and by means of a common recovery duly suffered, the tenant-in-tail 

 might bar his issue and all the remainders over, and make an absolute 

 conveyance of the estate. [RECOVERY.] 



By the 3 ft 4 Wm. IV., c. 74, fines and recoveries were abolished ; 

 and by the Statute of Limitations (3 ft 4 Wm. IV., c. 27) it was enacted 

 " that no discontinuance or warranty should thereafter defeat any right 

 of entry or action for the recovery of land. It seems therefore that 

 no discontinuance, properly so called, can now be produced by any 

 mode of conveyance, for, whatever may be the form of discontin- 

 uance, the hut-mentioned statute takes away its effect [FINK; 



RlOOTERT.] 



In accordance with the principle which prevented a tenant-in-tail 

 from alienating his estate for more than his own lifetime, leases by 

 tenantfl-in-tail might be avoided after their death by the issue in tail. 

 But by the 32 Hen. VIII., c. 28, tenants in-tail were enabled to make 

 lesin* for three lives or twenty-one years, which should bind their 

 Utue, though not the persons in remainder or the reversioner. 



The estate of the tenant-in-tail is not subject to any of the debts or 

 incumbrance* of hi* ancestor, except debts due to the crown, by the 

 32 Hen. VIII., c. 39, s. 76. 



Estate* tail are subject to the bankrupt laws, and to forfeiture for 

 high treason by the 26 Hen. VIII., c. 13. By attainder for high treason, 

 the Mtate of the tenant-in-tail, of his issue, and of all such of hi* 

 collateral heirs as would have been entitled to take under the estate 

 tail, are forfeited, but not the estates in remainder or the reversion. 



The 21 Hen. VIII. extends only to cases of high treason, and there- 

 fore as to felonies the statute /* Dmii is still in force, and the for- 

 feiture by attainder for felony extends only to the life interest of the 

 tenant-in-tail. (Co. Litt, 3!2 b.) 



TKNANTS ..r TENANCY IN COMMON. [COMMON, TEHAHCT 

 is.] 



TKNDKK. A tender is the offer to perform some act In practice 

 it generally consists in an offer to pay money on behalf of a party 

 indebted, or who has done some injury, to the creditor, or to the party 

 injured. 



A tender to the amount of 40. may be in silver ; but beyond that 

 amount it must be in gold, or in Bank of England notes payable to 

 bearer on demand for any sum above 61. (3 & 4 Wm. IV. c. 0.) If a 

 tender be made of a larger amount in silver, or in country bank-notes, 

 and no objection be taken at the time to the silver or notes, the objec- 

 tion to the tender on that ground is waived, and the tender is good to 

 the amount to which it is made. The money must be produced and 

 shown, or the bag or other thing which contains it shown, to the party 

 to whom it is intended to be given, unless this is dispensed with l.y 

 some declaration or act of the creditor. This is insisted upim with 

 such strictness, that even though a party tell his creditor that he is 

 about to pay him so much, and put his hand into his pocket to pro- 

 duce the money, yet if the creditor leave the presence of thed<-l,tr 

 before the money is actually produced, no tender will have been made : 

 but if the creditor refuse to receive the money mentioned on the 

 ground that it is insufficient in amount, the actual production of it is 

 not necessary to constitute a valid tender. The offer must be absolute 

 and without conditions. An offer of a larger amount with a request 

 of change; an offer with a request of a receipt, or on condition that 

 something shall be done on the part of the creditor, are not valid 

 tenders ; but an offer of a larger sum absolutely without a demand of 

 change is good. A tender may be made either to the party actually 

 entitled to receive it, or to an agent or servant authorised to receive 

 it, or to a managing clerk ; and a tender will not be invalidated -. n 

 though before it is made the creditor has put the matter into the 

 hands of his attorney and the managing clerk of the creditor refuses to 

 receive it, and assigns that circumstance as his reason for doing BO. If 

 the attorney write to the debtor demanding the money, a tender 

 afterwards made to him or to his managing clerk is good, unless at the 

 time when it is made they disclaim authority to receive the money. 

 A tender ought to be made on behalf of the party from whom the 

 money is due ; if the agent appointed by him to make the tender ..ilcr 

 a larger sum than he is authorised to do, the tender will nevertheless 

 be good for the full amount to which the tender is made. 



If the defendant in an action plead a tender, he must state that he 

 has always been ready to pay the money, and he must also pay it into 

 court The effect of the plea is to admit the existence of a cause of 

 action in the plaintiff. The plea goes only in bar of damages. The 

 plaintiff, therefore, in such case can never be nonsuited : but if issue is 

 taken on the mere fact whether or not the tender has been made, 

 and that fact is found for the defendant, it is a good defence to the 

 action. 



By various statutes, magistrates, officers of excise, Ac., are em- 

 powered, after notice of action to be brought against them, to tender 

 amends ; and if the amount tendered is sufficient, the tender is a 

 defence to the action. 



TENEMENT, in its usual and popular acceptation, is applied only 

 to houses and other buildings ; but in its original, proper, and legal 

 meaning it includes everything of a permanent nature that may be an 

 object of tenure, or may be held in the legal sense, whether corporeal 

 or incorporeal. It is sometimes applied in a more confined sense to 

 objects of feudal tenure ; in general, however, it includes not only land, 

 but every modification of right concerning it Thus the !.! 

 " Liberum tenementum," frank-tenement, or freehold, is applicable not 

 only to lands and other solid objects, but also to offices, rents, com- 

 mons, and the like. [ESTATK; TENURE,] (Harg., 'Co. Litt', 154, 

 a. n. 7.) 



TENNIS, a game in which a ball is driven to and fro by several 

 persons striking it alternately, cither with the palm of the hand, naked 

 or covered with a thick glove, or with a small bat called a racket, held 

 in the hand ; the aim being to keep the ball in motion as long as 

 possible without allowing it to fall to the ground. Perhaps the first 

 historical notice of the game in England is that which Shakspere has 

 introduced, almost in the words of Holinshed (who, however, called 

 them Paris balls) in his ' Henry V.' (act i., sc. 2), where the Dauphin 

 sends a present of tennis-balls in answer to Henry's demand for the 

 sovereignty of France. Henry VII. was a tennis-player ; and, as an 

 entry in a MS. register of his expenditure in the thirteenth year of 

 his reign mentions an item of twelve-pence for his loss at tennis and 

 three-pence for the loss of balls, it may bo inferred that the game was 

 played abroad, aa the loss of balls is not likely to have happened in a 

 tennis-court Be this as it may, in the 16th century teuuis-courta 

 were common in England, and the game was very popular with the 

 nobility, which it continued to be down to the reign of Clurl.- II., 

 who frequently diverted himself by playing at tennis with his 

 courtiers. A similar game was sometimes played with a hollow 

 leather ball, inflated with air, and called a balloon, which was driven 

 from one player to another by striking with the hand, or with a wooden 

 bracer fixed upon the hand and lower arm. Further particulars 

 respecting these and other old games played with a ball may be found 

 in Strati's ' Sports and Pastime*.' 



TKNolt, the name of the most common of adult male voices, that 

 which is between the extremes of highest and lowest, or Contratenor 

 [ALTO] and Base. [BASE-VOICE.] The compass of the Tenor is from 



