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QUALITIC
It is the sentiment of a distinguishedwriter
"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 this by
an authority, which, (as all
authority is with some men) a
much better better than any reason
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ART 1 D34. Qualification Ambiguity of the terms.
Possessional Proprietary
the expressiondescription of it
Whoever considers this matter of Qualifications will be sorry
to see it involvedwrapped 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 man would go
beyond this may see how the descriptionDivision of property how it teems
with confusion & contradictions (not of(which the excellent
A nomenclature
fixequestionable readingd 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 & anymeans arising from the
same terms" being indiscriminably applicable to
denote, sometimes the natureQuality 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 manyover parts of
the St Lawcollection
Freehold is opposed to Leasehold; but Freehold is also
opposed to Copyhold. now as Copyholda man may
Chattels
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 yearsa 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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Identifier: | JB/095/073/001"JB/" can not be assigned to a declared number type with value 95. |
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art. i qualification ambiguity of the terms |
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jeremy bentham |
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