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<head>QUALITIC</head><lb/> | <head>QUALITIC</head><lb/> | ||
<p>It is the | <p>It is the sentiment of a distinguished <add>writer</add><lb/> | ||
"In a country where <lb/> | "In a country where <lb/> | ||
the right of election <lb/> | the right of election <lb/> | ||
| Line 9: | Line 9: | ||
must testify upon oath <lb/> | must testify upon oath <lb/> | ||
the distinguishing mark <lb/> | the distinguishing mark <lb/> | ||
of that | of that tenure should <lb/> | ||
be clear & precise, beyond<lb/> | be clear & precise, beyond<lb/> | ||
any possibility of doubt<hi rend="superscript">d d</hi><lb/> | any possibility of doubt<hi rend="superscript">d d</hi><lb/> | ||
| Line 16: | Line 16: | ||
in Law Trusts,</p> | in Law Trusts,</p> | ||
<p>- confirm -<lb/> | <p>- confirm -<lb/> | ||
to | to prove this by<lb/> | ||
an authority, which, (as all<lb/> | an authority, which, (as all<lb/> | ||
authority is with some men) a<lb/> | authority is with some men) a<lb/> | ||
much better better than any reason</p><pb/> | much better better than any reason</p><pb/> | ||
<head>ART 1 | <head>ART 1 §34. Qualification Ambiguity of the terms.</head> | ||
<note>Possessional Proprietary<lb/> | <note>Possessional Proprietary<lb/> | ||
the expression<add>description</add> of it</note> | the expression <add>description</add> of it</note> | ||
<p>Whoever considers this matter of Qualifications will be sorry<lb/> | <p>Whoever considers this matter of Qualifications will be sorry<lb/> | ||
to see it <add>involved</add>wrapped up in difficulties, which are not <lb/> | to see it <add>involved</add> wrapped up in difficulties, which are not <lb/> | ||
to be removed, without great accuracy in the choice of <lb/> | to be removed, without great accuracy in the choice of <lb/> | ||
<note>without inordinate accumulation of | <note>without inordinate accumulation of words</note> words, & what is unfortunate, an inordinate multiplication <lb/> | ||
of them. - In the Commentaries we<lb/> | of them. - In the Commentaries we<lb/> | ||
<note>if <del> | <note>if <del>no</del> man would go<lb/> | ||
beyond this</note> may see how the description<add>Division</add> of property how it teems<lb/> | beyond this</note> may see how the description <add>Division</add> of property how it teems<lb/> | ||
with confusion & contradictions (not of<add>(which</add> the excellent<lb/> | with confusion & contradictions (not of<add>(which</add> the excellent<lb/> | ||
<note>A nomenclature<lb/> | <note>A nomenclature<lb/> | ||
fixed by Law, &<lb/> | |||
which need ad<gap/>ment<lb/> | which need ad<gap/>ment<lb/> | ||
of above 6 or 8<lb/> | of above 6 or 8<lb/> | ||
| Line 40: | Line 40: | ||
writers making<add>found indeed not made</add> but of his finding;( <unclear>tho</unclear> perhaps it might<lb/> | writers making<add>found indeed not made</add> but of his finding;( <unclear>tho</unclear> perhaps it might<lb/> | ||
have been wished that for the consolation of the Student<lb/> | have been wished that for the consolation of the Student<lb/> | ||
he had noticed) contradictions & <del>any</del><add>means</add> arising from the <lb/> | he had noticed) contradictions & <del>any</del> <add>means</add> arising from the <lb/> | ||
same terms" being <sic>indiscriminably</sic> applicable to<lb/> | same terms" being <sic>indiscriminably</sic> applicable to<lb/> | ||
denote, <del>sometimes</del> the <del>nature</del><add>Quality</add> of the subject matter,<lb/> | denote, <del>sometimes</del> the <del>nature</del> <add>Quality</add> of the subject matter,<lb/> | ||
<note>Classification & Nomenclature<lb/> | <note>Classification & Nomenclature<lb/> | ||
of this subject<lb/></note> | of this subject<lb/></note> | ||
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tenure by which it is holden </p> | tenure by which it is holden </p> | ||
<note><add>As</add>this topic spreads<lb/> | <note><add>As</add>this topic spreads<lb/> | ||
in many<add>over</add> parts of<lb/> | in many <add>over</add> parts of<lb/> | ||
the St Law<add>collection</add></note><lb/> | the St Law <add>collection</add></note><lb/> | ||
<p>Freehold is opposed to Leasehold; but Freehold is also<lb/> | <p>Freehold is opposed to Leasehold; but Freehold is also<lb/> | ||
opposed to Copyhold. <del>now</del> as <del>Copyhold</del><add>a man</add> may</p> | opposed to Copyhold. <del>now</del> as <del>Copyhold</del> <add>a man</add> may</p> | ||
<note>Chattels | <note>Chattels real<lb/> | ||
reckon into personal<lb/> | reckon into personal<lb/> | ||
Estate</note><lb/> | Estate</note><lb/> | ||
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no otherwise ambiguous,<lb/> | no otherwise ambiguous,<lb/> | ||
that it is<lb/> | that it is<lb/> | ||
generical<lb/></note><lb/> | |||
<p>When we speak of a Term<hi rend="superscript">+</hi> - we mean as- Estate for<lb/> | <p>When we speak of a Term<hi rend="superscript">+</hi> - we mean as- Estate for<lb/> | ||
Years: yet we speak also of a Term of<add>for</add> life.<lb/> | Years: yet we speak also of a Term of<add>for</add> life.<lb/> | ||
When we speak of a Leasehold Estate, we mean an Estate<lb/> | When we speak of a Leasehold Estate, we mean an Estate<lb/> | ||
<del>for years</del><add>a certain</add> continuance, not dependent upon lives: & yet <del>the</del><lb/> | <del>for years</del> <add>a certain</add> continuance, not dependent upon lives: & yet <del>the</del><lb/> | ||
the old books are full of <del><gap/></del> leasing for less, & we speak now continually<lb/> | the old books are full of <del><gap/></del> leasing for less, & we speak now continually<lb/> | ||
about leases for three lives.</p><pb/> | about leases for three lives.</p><pb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Click Here To Edit
QUALITIC
It is the sentiment of a distinguished writer
"In a country where
the right of election
depends upon a mode of
, which the election
must testify upon oath
the distinguishing mark
of that tenure should
be clear & precise, beyond
any possibility of doubtd d
Volu Considr in
Copyholders - Preface
in Law Trusts,
- confirm -
to prove this by
an authority, which, (as all
authority is with some men) a
much better better than any reason
---page break---
ART 1 §34. Qualification Ambiguity of the terms.
Possessional Proprietary
the expression description of it
Whoever considers this matter of Qualifications will be sorry
to see it involved wrapped up in difficulties, which are not
to be removed, without great accuracy in the choice of
without inordinate accumulation of words words, & what is unfortunate, an inordinate multiplication
of them. - In the Commentaries we
if no man would go
beyond this may see how the description Division of property how it teems
with confusion & contradictions (not of(which the excellent
A nomenclature
fixed by Law, &
which need adment
of above 6 or 8
Articles, would be
of unspeakable use
writers makingfound indeed not made but of his finding;( tho perhaps it might
have been wished that for the consolation of the Student
he had noticed) contradictions & any means arising from the
same terms" being indiscriminably applicable to
denote, sometimes the nature Quality of the subject matter,
Classification & Nomenclature
of this subject
the duration of the Interest in it, & the [nature of the]
tenure by which it is holden
Asthis topic spreads
in many over parts of
the St Law collection
Freehold is opposed to Leasehold; but Freehold is also
opposed to Copyhold. now as Copyhold a man may
Chattels real
reckon into personal
Estate
Therefore 2 persons may say, the one that a man has
a Freehold Estate, the other that he has not: both meaning
the same thing
+ But "Term" is
no otherwise ambiguous,
that it is
generical
When we speak of a Term+ - we mean as- Estate for
Years: yet we speak also of a Term offor life.
When we speak of a Leasehold Estate, we mean an Estate
for years a certain continuance, not dependent upon lives: & yet the
the old books are full of leasing for less, & we speak now continually
about leases for three lives.
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art. i qualification ambiguity of the terms |
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jeremy bentham |
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