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Let

Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879

Dictionary of Terms and Phrases Used in American or English Jurisprudence

1.

In old English, as a verb, to hinder or obstruct; also a noun, a hindrance or obstruction; also an adjective, hindered, obstructed.

2.

In modern English, as verb or adjective (we have never met it as a noun), it signifies to allow or permit, and allowed, permitted. In law, it means, particularly, to allow the use of property for a compensation. Thus used, it is the antithesis of the verb to hire, and is nearly equivalent to lease. To lease, however, usually implies a longer and more formal engagement, and especially a demise of realty by a written instrument; while letting may be of chattels, and by parol, and informal. In a lease, the words " let and lease " do not make a covenant in law, or implied covenant.

Levering v. Levering, 13 N. H. 513.

The words " let " and " to freight " do not necessarily constitute the charter-party a mere contract of affreightment. The general owner is owner for the voyage, notwithstanding that by the charter-party the vessel is navigated at his expense, and by his master and crew, and he retains the tains a part of the vessel for his own use.

The Volunteer, 1 Sumn. 551.

3. " Let " and " letting " have a somewhat peculiar use, in connection with the subject of constructing public works, or rendering services to government, to signify the act of awarding contracts. Public notice is usually g^ven that proposals will be received for the work to be done; and the selection of one of the bidders, and execution of a contract to him, is often styled letting the contract. The letting, or putting out, is a different thing from the invitation to make proposals: the letting is subsequent to the invitation. It is the act of awarding the contract to the proposer, after the proposals have been received and considered. See Eppes v. Mississippi, &c.

E. R. Co., 35 Ala. 33, 55.

An exarnple of this use of the word is found in the act of congress of May 17, 1878, "to regulate the advertisement of mail lettings." The act above mentioned directs that, before making contracts for mail transportation, except, &c., the postmaster-general shall cause to be published, in not exceeding ten newspapers published in the state or territory in which such service is to be let, one of which shall be published at the seat of government of such state or territory, once a "week, for six consecutive weeks, preceding the time of letting, a noticfe in displayed type, not to exceed six inches of space in one column of a newspaper, of the following purport: