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<head>1825. Dec<hi rend="superscript">r</hi>. 18 <add>+</add><lb/>
Constitutional Code</head>
 
<note>Ch. XXVI Local Registrars<lb/>
&sect;. V Conveyance <add>VI Contract</add>-recording<lb/>
function<lb/>
Instructions</note>
 
<p>2</p>
 
<note>5<lb/>
Art. 5. Of <hi rend="underline">conveyances</hi><lb/>
and contracts the exposition<lb/>
and relation belongs<lb/>
to non-penal &amp;c<lb/>
Codes<lb/>
<lb/>
Useful a common<lb/>
appellation.<lb/>
Say, <hi rend="underline">obligatory transaction</hi><lb/>
Transactionist, the functionary</note>
 
<p>To give a correct exposition of the import of these<lb/>
two words, &#x2014; conveyance and contract &#x2014; <sic>shewing</sic> in that <unclear>sense</unclear><lb/>
in what it is they <del><gap/></del> agree and in what they differ<lb/>
belongs to the penal <add>or say wrong repressing</add> as well as the un &#x2014; non-penal or say<lb/>
right conferring Code. <del>A denomination</del> For clearness<lb/>
<add>correctness</add> and comprehensiveness of conception not inconsiderable<lb/>
would be the use of a common appellation by which the<lb/>
import of both might be comprehended For want of a<lb/>
<del><gap/></del> sufficiently expressive singleworded appellation,<lb/>
<hi rend="underline">obligatory transaction</hi> <add>or c<gap/></add> might perhaps serve, <del><hi rend="underline">transactionalist</hi></del> <add>transactionist</add><lb/>
might in that case be the appellation of the functionary<lb/>
by whose care written instruments of both sorts are<lb/>
prepared.</p>
 
<note>6<lb/>
Art. 6. Contract a<lb/>
species of <hi rend="underline">conveyance</hi>:<lb/>
<del>right</del> conveyed by it<lb/>
are <hi rend="underline">rights</hi>: viz. to <unclear>call</unclear><lb/>
conveyor's appropriate<lb/>
service.<lb/>
<lb/>
By a conveyance at<lb/>
large sole services the<lb/>
<add>right to which is</add> necessarily conveyed<lb/>
are the negative services,<lb/>
of persons at large as<lb/>
well as <hi rend="underline">conveyor's</hi>: to<lb/>
wit services of forbearance<lb/>
to occupy the article<lb/>
conveyed</note>
 
<p><hi rend="underline">Conveyance</hi> seems to leave <del><gap/></del> <add>some</add> claim to be considered<lb/>
as the name of a <unclear>gain</unclear> to which that denoted by the<lb/>
word <hi rend="underline">contract</hi> is subordinate. For by a <add>every</add> contract are<lb/>
conveyed a right to the services whatever they are which<lb/>
by the contract a <del><gap/></del> person stands <unclear>bound</unclear> to render.<lb/>
What distinguishes <del><gap/></del> from a contract a conveyance<lb/>
which is not a contract is that by the conveyance what<lb/>
is not a contract the right to services at the hands of those<lb/>
persons &#x2014; of <hi rend="underline">all</hi> <gap/> persons is disposed of: to wit <add>witness</add> the service<lb/>
conceding or abstaining <unclear>from</unclear> all acceptance of the<lb/>
<del><gap/></del> article conveyed.<add>[+]</add><lb/>
<note><add>[+]</add> Of the <unclear>engagement</unclear> to<lb/>
render</note><lb/>
On these services which <del><gap/></del> on the <gap/><lb/>
of the conveyance the conveyer, undertakes for the performance<lb/>
of the appropriate denomination <add>the word <hi rend="underline">c<gap/></hi></add>: so, of those for which the<lb/>
conveyer undertakes <add>binds himself</add> for the performance</p>
 
<note>7<lb/>
Art. 7. <del><gap/></del> Certain<lb/>
<hi rend="underline">Covenants</hi> are <add>contracts</add> usually<lb/>
appended to conveyance<lb/>
of things unmovable<lb/>
Say <hi rend="underline">subsidiary contracts</hi></note>






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Latest revision as of 17:43, 20 October 2023

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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




Identifier: | JB/042/802/001"JB/" can not be assigned to a declared number type with value 42.

Date_1

1825-12-18

Marginal Summary Numbering

5-7

Box

042

Main Headings

constitutional code

Folio number

802

Info in main headings field

constitutional code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

e2

Penner

jeremy bentham

Watermarks

j whatman turkey mill 1824

Marginals

jeremy bentham

Paper Producer

admiral pavel chichagov

Corrections

Paper Produced in Year

1824

Notes public

ID Number

13725

Box Contents

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