traditio loqui facit chartam

It was resolved, that 'from henceforth' should be accounted from the day of delivery of the indentures, and not from the day of their date; for the words of an indenture are not of any effect until delivery—traditio loqui facit chartam.

Delivery makes the deed speak. 5 Coke, 1. TRADITIO NIHIL AMPLIUS TRANSferre debet vel potest, ad eum qui accipit, quam est apud eum qui tradit. Delivery cannot and ought not to transfer to him who receives more than was in possession of him who made the delivery. Dig. 41. 1. 20. TRADITIO REI (Lat.) Delivery of the thing. See 5 Maule & S. 82. TRADITION (Lat. trans, over, do, dare, to give).

In civxl law. The act by which a thing is delivered by one or more persons to one or more others. 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, — ^the intention or consent of the former owner to transfer it, and the actual delivery in pursuance of that intention. Tradition is either real or symbolicaL Real tradition takes place where the ipsa corpora of movables are put into the hands of the receiver. Symbolical tradition la 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 lock and key^ the delivery of the key is considered as a legal tradition of all that is 41. 1. 9; Ersk. Inst. 2. 1. 10. 11; Civ. Code La. art. 2452 et seq. See "Delivery" TRADITOR (Law Lat.)

In old English law. A traitor; one guilty of high treason. Fleta, lib. 1, c. 21, § 8. TRADITOR IN BALLIUM (Law Lat.)

In old practice. Is delivered to bail. Emphatic words of the old Latin bail piece. 1 Salk. 105.