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1828 July
5.7 Intelligibiity indispensable
ar 1.
Intelligibility of the law.
Necessary to it is intelligibility
of it as to the
main points following
1. It's subject matter
2. The power and rights
in relation to it.
3. The titles
ar 2.
As to these points, essentially
unintelligible
is the existing language
ar 3.
1. Subject matter - it's
technical diversities
1. Real
2 Personal
ar 4.
Subject matters of property,
considered as to
it's natural and intelligible
diversifications
on many modifications
is either
1. Corporeal, or
2. Incorporeal.
ar 5.
Corporeal consists
of
1. Things
2. Persons.
ar 6.
The incorporeal is
composed of particular
benefits, groupes of
benefits, resulting from
particular uses of
things, in services of
persons, or both.
ar 7.
In so far as slavery
has place, entire persons
are signated as
subject matters of property:
where not, only
certain services as the
charge of persons.
ar 8.
Things considered
as subject matters
of property are either
1. Moveable: or
2. Immoveable.
ar 9.
Moveable require to
be considered before
immoveables: being
1. As to their bounds
determinate.
2. Capable of being considered
without reference
to things immoveable.
ar 10.
Nonsensical the division
into Things real
and things personal:
unsusceptible
of explanation but
through the above distinctions.
ar 11.
Per Blackstone, p.
31. Vol II. Things are
either
1. real, or
2. personal.
Things personal, II. 18.
p. 63, are chattels: and
chattels (ibid p. 64) are
distinguished into real
and personal. Chattels
real are thereupon
distinguished into
1. Things unmoveable
and
2. Things moveable.
ar 12.
The technical language
is a figure of nonsense,
of itself contradictory
as otherwise unintelligible:
intelligible, if at
all, no otherwise than
by reference to natural
and familiar language
ar 13.
Example Definition
of Tenant a fee simple,
he who has the
articles in question
to hold to him and
his heirs for ever.
This executes the
power of alienation:
whereas it is the characteristic
and peculiar
property of
this tenure to have
this power attached
to it.
ar 14.
Nearer to the interest
thus described
comes that possessed
by the Tenant on Fee
tail, whose interest
is carefully contradistinguished
from it.
Identifier: | JB/075/012/001 "JB/" can not be assigned to a declared number type with value 75.
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