See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

PAYMENT (Fr. paiement, from payer, to pay; See also:

• LAT

Lat. pacare, to appease, See also:

• PAX (Lat. for " peace ")

pax, See also:

• PEACE
• PEACE, BREACH OF THE

peace)  , the performance of an See also:

• OBLIGATION

obligation, the See also:

• DISCHARGE (adapted from the O. Fr. discharge, modern decharge, from a med. Lat. discargare, to unload, dis- and earn care, to load, cf. " charge ")

discharge of a sum due in See also:

• MONEY

money or the See also:

• EQUIVALENT

equivalent of money . In See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order that See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment may extinguish the obligation it is necessary that it should be made at a proper See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time and See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place, in a proper manner, and by and to a proper See also:

• PERSON, OFFENCES AGAINST THE

person . If the sum due be not paid at the appointed time, the creditor is entitled to See also:

• SUE, EUGENE [JosEPH MARIE] (1804—1857)

sue the debtor at once, in spite of the readiness of the latter to pay at a later date, subject, in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of bills and notes, to the See also:

• ALLOWANCE (from "allow,' derived through 0. Fr. alouer from the two Lat. origins adlaudare, to praise, and allocare, to assign a place; so that the English word combined the general idea of "assigning with approval")

allowance of days of See also:

• GRACE (Fr. grace, Lat. gratia, from grates, beloved, pleasing; formed from the root cra-, Gr. xav-, cf. xaipw, x6p,ua, Xapts)
• GRACE, WILLIAM GILBERT (1848– )

grace . In the See also:

• COMMON

common case of See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale of goods for ready money, a right to the goods vests at once upon sale in the purchaser, a right to the See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

price in the seller; but the seller need not See also:

• PART

part with the goods till payment of the price . Payment may be made at any time of the See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day upon which it falls due, except in the case of See also:

• MERCANTILE (or COMMERCIAL) AGENCIES

mercantile contracts, where the creditor is not See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to wait for payment beyond the usual See also:

• HOURS, CANONICAL

hours of mercantile business . If no place be fixed for payment, the debtor is bound to find, or to use reasonable means to find, the creditor, unless the latter be abroad . Payment must be made in money which is a legal See also:

• TENDER

tender (see below), unless the creditor waive his right to payment in money by accepting some other mode of payment, as a negotiable See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument or a See also:

• TRANSFER (from Lat. transferre, to bear across, carry over)

transfer of See also:

• CREDIT (Lat. credere, to believe)

credit . If the payment be by negotiable instrument, the instrument may operate either as an See also:

• ABSOLUTE (Lat. absolvere, to loose, set free)

absolute or as a conditional discharge . In the See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary case of payment by See also:

• CHEQUE, or CHECK

cheque the creditor accepts the cheque conditionally upon its being honoured; if it be dishonoured, he is remitted to his See also:

• ORIGINAL

original rights . If payment be made through the See also:

• POST

post, in a See also:

• LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter properly directed, and it be lost, the See also:

• DEBT (Lat. debitum, a thing owed)

debt is discharged if there was a direction so to transmit the money . The creditor has a right to payment in full, and is not bound to accept part payment unless by See also:

• SPECIAL

special agreement . Part payment is sufficient to take the debt out of the See also:

• STATUTE

Statute of See also:

• LIMITATION, STATUTES OF

Limitation .

It is a technical See also:

• RULE

rule of See also:

• ENGLISH

English law that payment of a smaller sum, even though accepted by the creditor in full See also:

• SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction, is no See also:

• DEFENCE
• DEFENCE (Lat. defendere, to defend)

defence to. a subsequent See also:

• ACTION

action for the. debt . The See also:

• REASON (Lat. ratio, through French raison)

reason of this rule seems to be that there is no See also:

• CONSIDERATION (from Lat. considerare, to look at closely, examine, generally taken to be from con-, and the base seen in sidus, sideris, a star, the word being supposed to be originally an astrological or astronomical term)

consideration for the creditor foregoing his right to full payment . In order that payment of a smaller sum may satisfy the debt, it must be made by a person other than the person originally liable, or at an earlier date, or at another place, or in another manner than the date, place, or manner contracted for . Thus a See also:

• BILL

bill or See also:

• NOTE
• NOTE (Lat. nota, mark, sign, from noscere, to know)

note may be satisfied by money to a less amount, or a money debt by a bill or note to a less amount; a debt of £See also:

• LOO (formerly called " Lanterloo," Fr. lanturlu, the refrain of a popular 17th-century song)

loo cannot be discharged by payment of £90 (unless the creditor execute a See also:

• RELEASE (O.Fr. reles, variant of relais, from relaisser, to release, let go, Lat. relaxare)

release under See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

seal), though it may be discharged by payment of Do before the day appointed, or by a bill for £1o . Payment must in See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general be made by the debtor or 1 s See also:

• AGENT (from Lat. agere, to act)

agent, or by a stranger to the See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract with the assent of the debtor . If payment be made by a stranger without the assent of the debtor, it seems uncertain how far English law regards such payment as a satisfaction of the debt . If the debtor ratify the payment, it then undoubtedly becomes a satisfaction . Payment must be made to the creditor or his agent . A See also:

• BONA (BONE)
• BONA, JOHN (1609-1674)

bona fide payment to an apparent agent may be See also:

• GOOD, JOHN MASON (1764-1827)

good, though he has in fact no authority to receive it . Such payment will usually be good where the authority of the agent has been countermanded without See also:

• NOTICE

notice to the debtor . The fact of payment may be presumed, as from See also:

• LAPSE (Lat. lapses, a slip or departure)

lapse of time . Thus payment of a testator's debts is generally presumed after twenty years .

A written See also:

• RECEIPT (M.E. receite, derived through Fr. from Lat. recepta, participle of recipere, to receive)

receipt is only presumptive and not conclusive See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence of payment . By the See also:

• STAMP (from " to stamp," to strike or tread heavily, hence to impress, O. Eng. stempen, Du. stampen, Ger. stampfen, whence, O. Fr. estamper, mod. etamper)

Stamp See also:

• ACT (Lat. actus, actum)

Act 1891 a See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty of one See also:

• PENNY (Mid. Eng. peni or peny, from O. Eng. form penig, earlier penning and pending; the word appears in Ger. Pfennig and Du. penning; it has been connected with Du. pand, Ger. Pfand, and Eng. " pawn,". the word meaning a little pledge or token, or with G
• PENNY, GIANFRANCESCO (1488–1528)

penny is imposed upon a receipt for or upon the payment of money amounting to £2 or upwards, and also a See also:

• FINE

fine of £Io upon any person who, in any case where a receipt would beliable to duty, refuses to give a receipt duly stamped . If payment be made under a See also:

• MISTAKE (i.e. take amiss)

mistake of fact, it may be recovered, but it is otherwise if it be made under a mistake of law, for it is a See also:

• MAXIM, SIR HIRAM STEVENS (184o- )

maxim of law that ignorantia legis neminem excusat . Money paid under compulsion of law, even though not due, cannot generally be recovered where there has been no See also:

• FRAUD (Lat. fraus, deceit)

fraud or See also:

• EXTORTION (Lat. extorsio, from extorquere, to twist out, to take away by force)

extortion . For See also:

• APPROPRIATION (from Lat. appropriare, to set aside)

appropriation of payments see APPROPRIATION . Payment Into and Out of See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

Court: Money is generally paid into court to abide the result of pending litigation, as where litigation has already begun, as See also:

• SECURITY (Lat. securus, free from care, safe)

security for See also:

• COSTS

costs or as a defence or partial defence to a claim . Payment into court does not necessarily (except in actions for See also:

• LIBEL

libel and See also:

• SLANDER

slander) operate as an See also:

• ADMISSION

admission of liability . Payment into court is regulated by the Rules of the Supreme Court, O. xxii . The fact that money has been paid into court may not be mentioned to a See also:

• JURY

jury . Money may sometimes be paid into court where no litigation is pending, as in the case of trustees . Payment of money out of court is obtained by the order of the court upon See also:

• PETITION (Lat. for " seeking " or " praying ")

petition or See also:

• SUMMONS (Fr. semonce, from semonner or semondre, Lat. summonere, summonitio)

summons or otherwise, or simply on the See also:

• REQUEST, LETTERS OF

request or the written authority of the person entitled to it . Payment of See also:

• WAGES (the plural of " wage," from Late Lat. wadium, a pledge, O. Fr. wagier, gagier)

Wages.—The payment of wages to labourers and workmen otherwise than in See also:

• COIN
• COIN (older forms of the word are coyne, quoin and coign, all derived through the O. Fr. coing, and cuigne from Lat. cuneus, a wedge)

coin is prohibited .

See LABOUR LEGISLATION: See also:

• TRUCK

Truck . Domestic or agricultural servants are excepted . Payment of wages in public-houses (except in the case of domestic servants) is illegal . Tender.—This is payment duly proffered to a creditor, but rendered abortive by the act of the creditor . In order that a tender may be good in law it must as a rule be made under circumstances which would make it a good payment if accepted . The money tendered must be a legal tender, unless the creditor waive his right to a legal tender, as where he See also:

• OBJECTS

objects to the amount and not the mode of tender . See also:

• BANK

Bank of See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England notes are legal tender for any sum above £5, except by the bank itself . See also:

• GOLD
• GOLD [symbol Au, atomic weight 195.7(H = 1),197.2(0 =16)]

Gold is legal tender to any amount, See also:

• SILVER

silver up to 40s., See also:

• BRONZE

bronze up to Is . (Coinage Act 1870) . Any gold coinage, whether See also:

• BRITISH

British, colonial or See also:

• FOREIGN

foreign, may be made legal tender by See also:

• PROCLAMATION (Lat. proclamare, to make public by announcement)

proclamation . The effect of tender is not to discharge the debt, but to enable the debtor, when sued for the debt, to pay the money into court and to get See also:

• JUDGMENT

judgment for the costs of his defence . See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland.—The law of Scotland as to payment agrees in''m6st points with that of England .

Where a debt is constituted by See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

writ payment cannot be proved by witnesses; where it is not constituted by writ, payment to the amount of Doc) Scots may be proved by witnesses; beyond that amount it can only be proved by writ or See also:

• OATH (0. Eng. ddh)

oath of party . The See also:

• TERM

term tender seems to be strictly applied only to a judicial offer of a sum for See also:

• DAMAGES (through O. Fr. damage, mod. Fr. dommage, from Lat. damnum, loss)

damages and expenses made by the defender during litigation, not to an offer made by the debtor before litigation . Bank of England notes are not a legal tender in Scotland or in See also:

• IRELAND
• IRELAND, CHURCH
• IRELAND, CHURCH OF
• IRELAND, JOHN (1761-1842)
• IRELAND, JOHN (1838- )
• IRELAND, WILLIAM HENRY (1777-1835)

Ireland . See also:

• UNITED

United States.—In the United States the law as a rule does not materially differ from English law . In some states, however, money may be recovered, even when it has been paid under a mistake of law . The question of legal tender has been an important one . In 1862 and 1863 See also:

• CONGRESS (Lat. congressus, coming together, from congredi; cum, with, and gradus, step)

Congress passed acts making See also:

• TREASURY

treasury notes legal tender (see See also:

• GREENBACKS

GREENBACKS) . After much litigation, the Supreme Court of the United States decided in 1871 (See also:

• KNOX, HENRY (1750-1806)
• KNOX, JOHN (c. 1505–1572)
• KNOX, PHILANDER CHASE (1853– )

Knox v . See also:

• LEE
• LEE (or LEGIT) ROWLAND (d. 1543)
• LEE, ANN (1736–1784)
• LEE, ARTHUR (1740–1792)
• LEE, FITZHUGH (1835–1905)
• LEE, GEORGE ALEXANDER (1802-1851)
• LEE, HENRY (1756-1818)
• LEE, JAMES PRINCE (1804-1869)
• LEE, NATHANIEL (c. 1653-16g2)
• LEE, RICHARD HENRY (1732-1794)
• LEE, ROBERT EDWARD (1807–1870)
• LEE, SIDNEY (1859– )
• LEE, SOPHIA (1950-1824)
• LEE, STEPHEN DILL (1833-1908)

Lee) in favour of the constitutionality of these acts, both as to contracts made before and after they were passed . These notes are legal tender for all purposes except duties on imports and See also:

• INTEREST

interest on the public debt . All gold coins and See also:

• STANDARD
• STANDARD, BATTLE OF THE

standard silver dollars are legal tender to any amount . Silver coins below the See also:

• DENOMINATION (Lat. denominare, to give a specific name to)

denomination of a See also:

• DOLLAR

dollar are legal tender up to $Io, and cent and 5-cent pieces legal tender to an amount not exceeding 25 cents .

It falls exclusively within the See also:

• JURISDICTION
• JURISDICTION, CRIMINAL LAW, DIVORCE

jurisdiction of Congress to declare See also:

• PAPER
• PAPER (Fr. papier, from Lat. papyrus)

paper or See also:

• COPPER (symbol Cu, atomic weight 63.1, H=1, or 63.6, O = 16)

copper money a legal tender . By the constitution of the United States, " no See also:

• STATE
• STATE, GREAT OFFICERS OF

state shall . .. make anything but gold and silver coin a tender in payment of debts " (See also:

• ART

art. i . § 1o) . (T . A .