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 ?
At the moment of execution--with the halter about his neck, and while Colonel Pyncheon sat on horseback, grimly gazing at the scene Maule had addressed him from the scaffold, and uttered a prophecy, of which history, as well as fireside tradition, has preserved the very words.
Think what the word "Paris" means to the emancipated intellect, to the political government, to the humanised morals, of the world; not to speak of the romance of its literature, the tradition of its manners, and the immortal fame of its women.
However some tradition they dispers'd Among the Heathen of thir purchase got, And Fabl'd how the Serpent, whom they calld OPHION with EURYNOME, the wide- Encroaching EVE perhaps, had first the rule Of high OLYMPUS, thence by SATURN driv'n And OPS, ere yet DICTAEAN JOVE was born.
The Eastern tale-teller has for his theme the disguised expeditions of Haroun Alraschid with his faithful attendants, Mesrour and Giafar, through the midnight streets of Bagdad; and Scottish tradition dwells upon the similar exploits of James V.
He said "it was very reasonable to think, not only that the species of men were originally much larger, but also that there must have been giants in former ages; which, as it is asserted by history and tradition, so it has been confirmed by huge bones and skulls, casually dug up in several parts of the kingdom, far exceeding the common dwindled race of men in our days.
However, there was a tradition amongst the wise men of the country that the Dragon might be overcome by one who possessed King Solomon's signet-ring, upon which a secret writing was engraved.
This is the place, if the report of the inhabitants deserves any credit, where the Israelites miraculously passed through the Red Sea on dry land; and there is some reason for imagining the tradition not ill grounded, for the sea is here only three leagues in breadth.
Have not your worships," replied Don Quixote, "read the annals and histories of England, in which are recorded the famous deeds of King Arthur, whom we in our popular Castilian invariably call King Artus, with regard to whom it is an ancient tradition, and commonly received all over that kingdom of Great Britain, that this king did not die, but was changed by magic art into a raven, and that in process of time he is to return to reign and recover his kingdom and sceptre; for which reason it cannot be proved that from that time to this any Englishman ever killed a raven?
Colour, if Tradition speaks the truth, once for the space of half a dozen centuries or more, threw a transient splendour over the lives of our ancestors in the remotest ages.
In this respect it is different from the general run of roads in the Carpathians, for it is an old tradition that they are not to be kept in too good order.
Very probably the canal which united the Nile to the Red Sea was begun by Sesostris, if we may believe tradition.
He said, as if in excuse for this hope, that previously the army had encountered great defeats and in a few months had shaken off all blood and tradition of them, emerging as bright and valiant as a new one; thrusting out of sight the memory of disaster, and appearing with the valor and confidence of unconquered legions.