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<head>1828 July <lb/> | |||
5.7 Intelligibiity indispensable</head> | |||
<!-- Column One --> | |||
<p>ar 1. <lb/> | |||
Intelligibility of the law. <lb/> | |||
Necessary to it is intelligibility<lb/> | |||
of it as to the <lb/> | |||
main points following<lb/> | |||
1. <sic>It's</sic> subject matter <lb/> | |||
2. The power and rights <lb/> | |||
in relation to it. <lb/> | |||
3. The titles <lb/></p> | |||
<p>ar 2. <lb/> | |||
As to these points, essentially<lb/> | |||
unintelligible <lb/> | |||
is the existing language <lb/></p> | |||
<p>ar 3. <lb/> | |||
1. Subject matter - <sic>it's</sic> <lb/> | |||
technical diversities <lb/> | |||
1. Real <lb/> | |||
2 Personal <lb/></p> | |||
<p>ar 4. <lb/> | |||
Subject matter<del>s</del> of property,<lb/> | |||
considered as to <lb/> | |||
<sic>it's</sic> natural and intelligible<lb/> | |||
diversifications <lb/> | |||
on <unclear>many</unclear> modifications <lb/> | |||
is either <lb/> | |||
1. Corporeal, or <lb/> | |||
2. Incorporeal. <lb/></p> | |||
<p>ar 5. <lb/> | |||
Corporeal consists <lb/> | |||
of <lb/> | |||
1. Things <lb/> | |||
2. Persons. <lb/></p> | |||
<p>ar 6. <lb/> | |||
The incorporeal is <lb/> | |||
composed of particular <lb/> | |||
benefits, <sic>groupes</sic> of <lb/> | |||
benefits, resulting from <lb/> | |||
particular uses of <lb/> | |||
things, in services of <lb/> | |||
persons, or both. <lb/></p> | |||
<p>ar 7. <lb/> | |||
In so far as slavery <lb/> | |||
has place, entire persons<lb/> | |||
are signated as <lb/> | |||
subject matters of property:<lb/> | |||
where not, only <lb/> | |||
certain services as the <lb/> | |||
charge of persons. <lb/></p><pb/> | |||
<!-- Column Two --> | |||
<p>ar 8. <lb/> | |||
Things considered <lb/> | |||
as subject matters <lb/> | |||
of property are either <lb/> | |||
1. Moveable: or <lb/> | |||
2. Immoveable. <lb/></p> | |||
<p>ar 9. <lb/> | |||
Moveable require to <lb/> | |||
be considered before <lb/> | |||
immoveables: being <lb/> | |||
1. As to their bounds <lb/> | |||
determinate. <lb/> | |||
2. Capable of being considered<lb/> | |||
without reference<lb/> | |||
to things immoveable.<lb/></p> | |||
<p>ar 10. <lb/> | |||
Nonsensical the division<lb/> | |||
into Things real<lb/> | |||
and things personal:<lb/> | |||
<sic>unsusceptible</sic> <lb/> | |||
of explanation but <lb/> | |||
through the above distinctions. <lb/></p> | |||
<p>ar 11. <lb/> | |||
Per Blackstone, p. <lb/> | |||
31. Vol II. Things are <lb/> | |||
either <lb/> | |||
1. real, on <lb/> | |||
2. personal. <lb/> | |||
<!-- See Blackstone, Commentaries on the Laws of England, Vol. II, Ch. II, "Of Real Property; and First, of Corporeal Heriditaments" --> | |||
Things personal, II. 18. <lb/> | |||
p. 63, are chattels: and <lb/> | |||
chattels (ibid p. 64) are <lb/> | |||
<!-- See op. cit. Ch. XXIV, "Of Things Personal" --> | |||
distinguished into real <lb/> | |||
and personal. Chattels <lb/> | |||
real are thereupon <lb/> | |||
distinguished into <lb/> | |||
1. Things unmoveable <lb/> | |||
and <lb/> | |||
2. Things moveable. <lb/></p> | |||
<p>ar 12.<lb/> | |||
The technical language <lb/> | |||
is a figure of nonsense, <lb/> | |||
of itself contradictory <lb/> | |||
as otherwise unintelligible:<lb/> | |||
intelligible, if at <lb/> | |||
all, no otherwise than <lb/> | |||
by reference to natural <lb/> | |||
and familiar language <lb/></p><pb/> | |||
<!-- Column Three --> | |||
<p>ar 13. <lb/> | |||
Example Definition <lb/> | |||
of Tenant a fee simple,<lb/> | |||
he who has the <lb/> | |||
articles in question <lb/> | |||
to hold to him and <lb/> | |||
his heirs for ever. <lb/></p> | |||
<p>This <unclear>executes</unclear> the <lb/> | |||
power of alienation: <lb/> | |||
whereas it is the characteristic<lb/> | |||
and peculiar<lb/> | |||
property of <lb/> | |||
this tenure to have <lb/> | |||
this power attached <lb/> | |||
to it. <lb/></p> | |||
<p>ar 14. <lb/> | |||
Nearer to the interest<lb/> | |||
thus described <lb/> | |||
comes that possessed <lb/> | |||
by the Tenant on Fee <lb/> | |||
tail, whose interest <lb/> | |||
is carefully contradistinguished<lb/> | |||
from it. <lb/></p> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} |
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.
---page break---
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, on
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
---page break---
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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1828-07 |
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075 |
law amendment |
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012 |
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001 |
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marginal summary sheet |
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recto |
d2 / e2 |
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john flowerdew colls |
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24466 |
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