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Tenor

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

The language of a writing. By the tenor of a deed, or other instrument in writing, is signified the matter contained therein, according to the true intent and meaning thereof. Cowel. The action of proving the tenor, in Scotland, is an action for proving the contents and purport of a deed which has been lost. Bell. The word tenor, in reference to writs and records, signifies a copy or transcript.

Tomlins.

Tenor, in its technical sense, means an exact copy; but, in popular use, may mean the substance and effect of an instrument. Where a statute prescribing the mode of entering judgment on an instrument required the date and tenor to be entered, this was held satisfied by entering the substance of the instrument; for if an exact copy were intended, this would include the date, and calling for the date in addition was superfluous.

Beeson v. Beeson, 1 Harr. 466.

Tenor, in pleading a written instrument, imports that the very words are set out. "Purport" does not import this, but is equivalent only to "substance."

State v. Atkins, 5 Blackf. 458; Commonwealth v. Wright, 1 Cush. 46. s. p. People v. Warner, 5 Wend. 271.

Tenor, in an indictment for forgery of a bank-note, binds the pleader to a strict recital.

Commonwealth v. Stevens, 1 Mass. 203.

Tenore indictamenti mittendo

For sending the tenor of an indictment. The name of a writ by which an indictment might be called from another court into the chancery. (Reg. of Writs, 214; Cowel.) Holthouse.