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1
Indiect
Corpus delicti
Deeds written
§ I. Requiring the tenor of evidences of title to be committed
to writing.
[One reason is that] It is in this case only
that there is any fixt standard to appeal to: verbal
un transfers and undertakings unless they be of the
very simplest kind are subject liable to interminable disputes.
Another reason is given in a heuristick
which the company of Scriveners in London have taken for their
motto: litera scripta manet. Even Mahomet recommends
to his followers the observation of this precaution. It is
almost the only passage in the Coran that has a glimmering
of common sense.
Ch. Of the Cow. Salis Koran
Vol. 2 1. 8vo. p. 53.
It is one thing to require that witnesses shall
have been present at the execution of a deed; it is
another thing to require that a memorandum of their
being present at and taking notice of such attestation
should be register'd upon the face of it. It is a farther
stretch of ingenuity to require that such an account a description
shall be given of those witnesses such as may enable
whereby their testimony in the event of their its being wanted they
may be found out. recurred to. the ingenuity for of Mahomet the Arabian
lawgiver went as far as the first point, but stopt short
of the second: the practise of the English law has
not yet got the length of the third. One solitary act of
parliament
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