tradition


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tradition

same as TRADITIO.
Collins Dictionary of Law © W.J. Stewart, 2006

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.)

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
Here, tradition says, the prophet Samuel was born, and here the Shunamite woman built a little house upon the city wall for the accommodation of the prophet Elisha.
Everywhere among the cathedrals of France and Italy, one finds traditions of personages that do not figure in the Bible, and of miracles that are not mentioned in its pages.
Tradition says that one of these monsters lived in the Marsh of the East, and came up to a cave in Diana's Grove, which was also called the Lair of the White Worm.
Wace imparts to the whole, in a thorough-going way, the manners of chivalry, and adds, among other things, a mention of the Round Table, which Geoffrey, somewhat chary of the supernatural, had chosen to omit, though it was one of the early elements of the Welsh tradition. Other poets followed, chief among them the delightful Chretien of Troyes, all writing mostly of the exploits of single knights at Arthur's court, which they made over, probably, from scattering tales of Welsh and Breton mythology.
They belong peculiarly to English literature, because they are based on traditions of British history, but they have assumed a very prominent place in the literature of the whole western world.
Archer too would have preferred to escape their friends' hospitality: in conformity with the family tradition he had always travelled as a sight-seer and looker-on, affecting a haughty unconsciousness of the presence of his fellow- beings.
If her simplicity had been the simplicity of pettiness he would have chafed and rebelled; but since the lines of her character, though so few, were on the same fine mould as her face, she became the tutelary divinity of all his old traditions and reverences.
There is a tradition, only worth alluding to as lending a tinge of superstitious awe to a scene perhaps gloomy enough without it, that a voice spoke loudly among the guests, the tones of which were like those of old Matthew Maule, the executed wizard,--"God hath given him blood to drink!"
As none such is on record, it is safe to assume that none existed Tradition,--which sometimes brings down truth that history has let slip, but is oftener the wild babble of the time, such as was formerly spoken at the fireside and now congeals in newspapers,--tradition is responsible for all contrary averments.
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.
The whites have assisted greatly in rendering the traditions of the Aborigines more obscure by their own manner of corrupting names.
After the burning of Smolensk a war began which did not follow any previous traditions of war.