TENDER (from N E. tender. OF., Fr. tendre, from Lat. traticre, to stretch, extend: eonnected with Gk. TelenP, teincinn. Skt. tan. Guth. nf-pan jun, AS. OHG. (knelt, denncn. Ger. dchnen, to stretch out). Asa legal term, the formal offer to perform some legal obligation incumbent on the person tendering performance under such circumstances as to make no further act neces sary from the party making the tender. The term is most .frequently used with reference to the payment of money due, but it is not limited to that application. If the obligation is simply to pay money, all that the debtor is required to do is to plead that Ile duly tendered the money; and if he pay into court the sum formerly ten dered, the other party must discontinue the ac tion or proceed with it at his own risk. See MORTGAGE: PLEME.
In some States the rule that a tender must be made in lawful money has been relaxed and a tender made by a check or bill of exchange is good unless the debtor rejects the tender on the ground that negotiable paper is tendered instead of lawful money. The creditor may also dispense with the necessity of tender on the part of the debtor by preventing a tender. In many States there are statutory provisions permitting a debt or in case action is brought against 111111 by the creditor, to pay the sum due into court, or to offer to permit the creditor to take judgment for the amount due, the effect being, as in case of tender, to stop the running of interest and to prevent the creditor from recovering further costs.
United States notes issued under act of Con gress of 1862 are legal tender for all public and private dues except duties on imports and inter est- on the public debt. Those issued under act of July 14th, 1590, are legal tender in payment of public and private debts. Gold and silver cer tificates of the United States are legal tender under the same condition as gold and silver coinage respectively. Notes issued for circulation by national banks are legal tender in payment of all debts and dues, public or private, except duties due the United States on imports, and in terest clue on the public debt and in payment upon redemption of the national currency. They are generally not legal tender for any debt due any national banking association. See LEGAL TENDER.