See also:obligation, the
See also:discharge of a sum due in
See also:money or the
See also:equivalent of money . In
See also:law, in
See also:order that payment may extinguish the obligation it is necessary that it should be made at a proper
See also:time and place, in a proper manner, and by and to a proper
See also:person . If the sum due be not paid at the appointed time, the creditor is entitled to sue the debtor at once, in spite of the readiness of the latter to pay at a later date, subject, in the case of bills and notes, to the
See also:allowance of days of
See also:grace . In the
See also:common case of sale of goods for ready money, a right to the goods vests at once upon sale in the purchaser, a right to the price in the seller; but the seller need not
See also:part with the goods till payment of the price . Payment may be made at any time of the
See also:day upon which it falls due, except in the case of
See also:mercantile contracts, where the creditor is not bound to wait for payment beyond the usual
See also: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 (see below), unless the creditor waive his right to payment in money by accepting some other mode of payment, as a negotiable instrument or a transfer of
See also:credit . If the payment be by negotiable instrument, the instrument may operate either as an absolute or as a conditional discharge . In the ordinary case of payment by
See also:cheque the creditor accepts the cheque conditionally upon its being honoured; if it be dishonoured, he is remitted to his
See also:original rights . If payment be made through the
See also:post, in a
See also:letter properly directed, and it be lost, the
See also: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 agreement . Part payment is sufficient to take the debt out of the
See also:Statute of
See also:Limitation .
It is a technical
See also:rule of
See also:English law that payment of a smaller sum, even though accepted by the creditor in full satisfaction, is no defence to. a subsequent
See also:action for the. debt . The reason of this rule seems to be that there is no
See also: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 or 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 £loo cannot be discharged by payment of £90 (unless the creditor execute a
See also:release under seal), though it may be discharged by payment of Do before the day appointed, or by a bill for £1o . Payment must in general be made by the debtor or 1 s
See also:agent, or by a stranger to the 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 bona fide payment to an apparent agent may be
See also: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 to the debtor . The fact of payment may be presumed, as from lapse of time . Thus payment of a testator's debts is generally presumed after twenty years .
See also:receipt is only presumptive and not conclusive evidence of payment . By the
See also:Act 1891 a
See also:duty of one
See also:penny is imposed upon a receipt for or upon the payment of money amounting to £2 or upwards, and also a
See also: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 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 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 or extortion . For appropriation of payments see APPROPRIATION . Payment Into and Out of
See also:Court: Money is generally paid into court to abide the result of pending litigation, as where litigation has already begun, as security for
See also:costs or as a defence or partial defence to a claim . Payment into court does not necessarily (except in actions for
See also:libel and
See also:slander) operate as an
See also: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 . 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 petition or summons or otherwise, or simply on the
See also:request or the written authority of the person entitled to it . Payment of Wages.—The payment of wages to labourers and workmen otherwise than in
See also:coin is prohibited .
See LABOUR LEGISLATION:
See also: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 to the amount and not the mode of tender .
See also:Bank of England notes are legal tender for any sum above £5, except by the bank itself . Gold is legal tender to any amount,
See also:silver up to 40s.,
See also:bronze up to Is . (Coinage Act 1870) . Any gold coinage, whether
See also:British, colonial or
See also:foreign, may be made legal tender by 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 for the costs of his defence . Scotland.—The law of Scotland as to payment agrees in''m6st points with that of England .
Where a debt is constituted bywrit 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 of party . The
See also:term tender seems to be strictly applied only to a judicial offer of a sum for 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 .
See also: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 Congress passed acts making
See also:treasury notes legal tender (see
See also:GREENBACKS) . After much litigation, the Supreme Court of the United States decided in 1871 (Knox v .
See also: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 on the public debt . All gold coins and standard silver dollars are legal tender to any amount . Silver coins below the denomination of a
See also: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 thejurisdiction of Congress to declare paper or copper money a legal tender . By the constitution of the United States, " no state shall . .. make anything but gold and silver coin a tender in payment of debts " (
See also:art. i . § 1o) . (T . A .
SIR JOSEPH PAXTON (1801-1865)
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