tradition

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tradition

same as TRADITIO.

TRADITION, contracts, civil law. The act by which a thing is delivered by one or more persons to one or more others.
     2. In sales it is the delivery of possession by the proprietor with an intention to transfer the property to the receiver. Two things are therefore requisite in order to transmit property in this way: 1. The intention or consent of the former owner to transfer it; and, 2. The actual delivery in pursuance of that intention.
     3. Tradition is either real or symbolical. The first is where the ipsa corpora of movables are put into the hands of the receiver. Symbolical tradition is used where the thing is incapable of real delivery, as, in immovable subjects, such as lands and houses; or such as consist in jure (things incorporeal) as things of fishing and the like. The property of certain movables, though they are capable of real delivery, may be transferred by symbol. Thus, if the subject be under look and key, the delivery of the key is considered as a legal tradition of all that is contained in the repository. Cujas, Observations, liv. 11, ch. 10; Inst. lib. 2, t. 1, Sec. 40; Dig. lib. 41, t. 1, 1. 9; Ersk. Princ. Laws of Scotl. bk. 2, t. 1, s. 10, 11; Civil Code Lo. art. 2452, et seq.
     4. In the common law the term used in the place of tradition is delivery. (q.v.)

References in classic literature ?
Whatever may be the truth, as respects the root and the genius of the Indian tongues, it is quite certain they are now so distinct in their words as to possess most of the disadvantages of strange languages; hence much of the embarrassment that has arisen in learning their histories, and most of the uncertainty which exists in their traditions.
Our acquaintance with the whole subject is derived chiefly from tradition.
To match an English and a Scottish author in the rival task of embodying and reviving the traditions of their respective countries, would be, you alleged, in the highest degree unequal and unjust.
The tradition generally received derives them from Cham, the son of Noah, and they pretend, however improbably, that from his time till now the legal succession of their kings hath never been interrupted, and that the supreme power hath always continued in the same family.
Had their defection from the traditions of the Tharks been discovered both would have paid the penalty in the great arena before Tal Hajus and the assembled hordes.
The impression I had was that we were leaving the West and entering the East; the most western of splendid bridges over the Danube, which is here of noble width and depth, took us among the traditions of Turkish rule.
And during these few revolutions all the activity, all the traditions, the complex organizations, the nations, languages, literatures, aspirations, even the mere memory of Man as I knew him, had been swept out of existence.
It was poetry that inculcated laws and maxims; it was by the harmony of its lines that traditions were handed down at a time when memory had to supply the place of writing; and it was the first language of wisdom and of inspiration.
asked the count; "are there any traditions respecting these dismal abodes, -- in which it is difficult to believe men can ever have imprisoned their fellow-creatures?
He was convicted by himself of many shameful crimes against the gods of traditions.
These bravoes who resuscitate in our epoch the traditions of another reign are troublesome; since there are two of them already there, let us add a third.
As if to allay their too sanguine hopes, they recurred to the Indian traditions that a spirit kept watch about the gem, and bewildered those who sought it either by removing it from peak to peak of the higher hills, or by calling up a mist from the enchanted lake over which it hung.