TENANT¹ OF THE DEMESNE², 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 remains³ in the reversioner. He is so called because in avowries and other pleadings, it is specially⁴ 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 tenants⁵ in preference to strangers, and, as this expectation is seldom disappointed, such tenants are considered as baying an ulterior interest beyond their subsisting⁶ 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 is made.

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 valid⁷ tender the following requisites⁹ 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 debtor¹⁰, it will be insufficient¹¹. Cro. Eliz. 48, 132; 2 M. & S. 86; Co. Lit. 206.

3. - 2. It must be made to the creditor¹² having capacity to receive it, or to his authorized¹³ agent. 1 Camp. 477; Dougl. 632; 5 Taunt¹⁴. 307; S. C. 1 Marsh¹⁵. 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 lawful¹⁶ 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; Stark¹⁷. 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 requisite⁸ that it should be transferred. Str. 504, 533, 579 .

5. - 4. If a term had been stipulated¹⁸ 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 entirely¹⁹ 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 ascertained²⁰ 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 dealer²¹ 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 unreasonable²² 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.