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[001] the donor nor his heirs may ever again re-enter etc. Though there is no livery
[002] the ratification of the donor,15 if he is still of his first mind and compos mentis,16
[003] suffices for livery. 17Livery must be clothed and not bare, that is, there must be a
[004] preceding true or putative causa by which dominium may pass. It is immaterial
[005] whether the lord himself makes delivery or another with his consent,18 nor does it
[006] much matter whether his consent precedes or follows, as where a procurator having
[007] full charge of all [his lord's] business sells and transfers; he makes the thing the
[008] recipient's by his lord's subsequent consent. Dominium is sometimes transferred
[009] contrary to the will of the lord, for example, by a judge, for judgment falls upon the
[010] unwilling.19 And it may not only be transferred inter vivos but also in a last will,
[011] provided the donor is of sound mind. Some things, as rights and appurtenances,
[012] pass with an inheritance though no special mention is made of them, as ordinarily
[013] occurs inter vivos.20 [Without livery things pass] to unascertained persons, as
[014] money thrown to the populace. A thing taken to be abandoned passes without
[015] livery, where the lord at once ceases to be lord; but if it is cast away for lightening
[016] ship it is not derelict, for he does not cast it away with the intention of ceasing to
[017] be lord or of no longer wishing to be. But if [he disposes of it] with that intention
[018] it will be otherwise.21 A thing may be transferred without livery if one wishes that
[019] a thing in your possession by disseisin or intrusion be yours and remain to you as
[020] though sold or given.>22 23<He may be put in seisin in person or through a procurator
[021] (any man whatever, his own or another's) who takes seisin in his name,
[022] whether, when the lord is absent, [or present], he knows of it, or [if] he does not,
[023] provided he consents when notice reaches him.24 [[He may acquire seisin] whether
[024] he is absent or present, knows of it or does not.]25 [Also] if he who is in seisin for a
[025] term of life or years is attorned to the donee, when he voluntarily attorns himself26
[026] to him and does him service, so that the donee is in seisin through him as27 by his
[027] attorney, provided this is publicly done28 so that the truth may be proved, so that
[028] if he is ejected by the donor he will recover.29 If by a stranger and the donee brings
[029] the assise, the donor must be summoned, and if he ratifies the gift the donee will



Notes

15. Infra 129-30

16. Supra 126

17-21. Azo: supra 128, n. 5

18. Reading: ‘an alius eius voluntate,’ as Azo

19. Drogheda, 109, 129, 142, 191; not D. 45.1.83.1

20. ‘sicut fieri solet inter vivos,’ from line 13

21. Infra 339

22. Supra 104, 126, 128

23. Supra i, 379; belongs infra 135

24. Reading: ‘sive cum absens dominus sit hoc sciat, vel si ignoret dum tamen’; infra 133

25. ‘absens ... ignorans,’ from line 26, as supra 87, 96, infra 136

26. ‘se,’ as 128 last line

27. ‘ut’

28. ‘ita quod hoc’

29. The words ‘by the assise’ apparently deleted; supra 103, 106, 128; by an action on the agreement: supra 56, 103


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