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1825. Decr. 18 +
Constitutional Code
Ch. XXVI Local Registrars
§. V Conveyance VI Contract-recording
function
Instructions
2
5
Art. 5. Of conveyances
and contracts the exposition
and relation belongs
to non-penal &c
Codes
Useful a common
appellation.
Say, obligatory transaction
Transactionist, the functionary
To give a correct exposition of the import of these
two words, — conveyance and contract — shewing in that sense
in what it is they agree and in what they differ
belongs to the penal or say wrong repressing as well as the un — non-penal or say
right conferring Code. A denomination For clearness
correctness and comprehensiveness of conception not inconsiderable
would be the use of a common appellation by which the
import of both might be comprehended For want of a
sufficiently expressive singleworded appellation,
obligatory transaction or c might perhaps serve, transactionalist transactionist
might in that case be the appellation of the functionary
by whose care written instruments of both sorts are
prepared.
6
Art. 6. Contract a
species of conveyance:
right conveyed by it
are rights: viz. to call
conveyor's appropriate
service.
By a conveyance at
large sole services the
right to which is necessarily conveyed
are the negative services,
of persons at large as
well as conveyor's: to
wit services of forbearance
to occupy the article
conveyed
Conveyance seems to leave some claim to be considered
as the name of a gain to which that denoted by the
word contract is subordinate. For by a every contract are
conveyed a right to the services whatever they are which
by the contract a person stands bound to render.
What distinguishes from a contract a conveyance
which is not a contract is that by the conveyance what
is not a contract the right to services at the hands of those
persons — of all persons is disposed of: to wit witness the service
conceding or abstaining from all acceptance of the
article conveyed.[+]
[+] Of the engagement to
render
On these services which on the
of the conveyance the conveyer, undertakes for the performance
of the appropriate denomination the word c: so, of those for which the
conveyer undertakes binds himself for the performance
7
Art. 7. Certain
Covenants are contracts usually
appended to conveyance
of things unmovable
Say subsidiary contracts
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