nomine poenae

1 definition found

nomine poenae - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  NOMINE POENAE, contracts. The name of a penalty incurred by the lessee to 
  the lessor, for the non-payment of rent at the day appointed by the lease or 
  agreement for its payment. 2 Lill. Ab. 221. It is usually a gross sum of 
  money, though it may be any thing else, appointed to be paid by the tenant 
  to the reversioner, if the duties are in arrear, in addition to the duties 
  themselves. Ham. N. P. 411, 412. 
       2. To entitle himself to the nomine paenae, the landlord must make a 
  demand of the rent on the very day, as in the case of a reentry. 1 Saund. 
  287 b, note; 7 Co. 28 b Co. Litt. 202 a; 7 T. R. 11 7. A distress cannot be 
  taken for a nomine paenae, unless a special power to distrain be annexed to 
  it by deed. 3 Bouv. Inst. n. 2451. Vide Bac. Ab. Rent, K 4; Woodf. L. & T. 
  253; Tho. Co. Litt. Index, h.t.; Dane's Ab. Index, h.t.