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 proprietor1 with an intention to transfer the property to the receiver. Two things are therefore requisite2 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 symbolical3. 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 incapable4 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, §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.)
TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money and the like.
TRAITOR5, crimes. One guilty of treason.
2. The punishment of a traitor is death.
TRAITOROUSLY6, pleadings. This is a technical word, which is essential in an indictment7 for treason in order to charge the crime, and which cannot be supplied by any other word, or any kind of circumlocution8. Having been well laid in the statement of the treason itself, it is not necessary to state every overt9 act to have been traitorously committed. Vide Bac. Ab. Indictment, G 1; Com. Dig. Indictment, G. 6; Hawk10. B. 2, c. 25, s. 55; 1 East's P. C. 115; 2 Hale, 172, 184; 4 Bl. Com. 307; 8 Inst. 15; Cro. C. C. 87; Carth. 319; 2 Salk. 683; 4 Harg. St. Tr. 701; 2 Ld. Raym. 870; Comb. 259; 2 Chit. Cr. Law, 104, note (b).
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