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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/> | |||
§. 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 &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, — conveyance and contract — <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 — 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 — 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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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
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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