TENDER, as a legal term, means the formal offer to perform some obligation incum bent on the person tendering. It is more frequently used in reference to the payment of money which is due. a tender of the debt is properly made, the legal con sequence is this, that if the money is refused, the creditor will have to pay the costs of any action he may bring to recover it, and cannot claim interest afterward. In case such an action is brought, the debtor has nothing to do but to plead that he duly tendered the money, and if he then pay into court the sum which he had formerly tendered, the other party must stop the action, or continue it at his own risk. In order, however, that a tender should have the above 'effect, it must have been duly made—that is to say, it must have been made without imposing any conditions on the creditor, and at the proper time and place. The tender must be in money, and not by bill of exchange; but Bank of England notes are a good tender for all sums above £5. If the debt is beyond 40s., it ought to be in gold, so far as it goes. Though other bank-notes than Bank of Eng land notes are often tendered, the creditor is not bound to accept them; but if he take them without any specific objection, then it will be a sufficient discharge. A tender of
a larger sum than is due is good, but must not require change to be given, which the creditor is not obliged to find. Nor must any condition be annexed to the tender, not even the condition of giving a stamped receipt, though on other grounds, by statute, a person receiving payment is bound to fill up a stamped receipt on its being tendered to him, and to pay the stamp; and his refusal to fill up the receipt subjects him to a penalty of £10. A tender of payment must, in general, be made to the creditor at the place he has indicated, and it is the duty of the debtor to find out and pay the creditor. With regard to payment of rent, however, it is enough that the tenant be ready to pay the rent on the premises at the time it is due, it being the landlord's duty to send or call for it, for the land is the proper debtor, and that is the place to apply to in the first instance.