Page:The New International Encyclopædia 1st ed. v. 06.djvu/125

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95
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DELIVERY. 95 DELMENHORST. least atteuded with its legal effects aiiJ always tends in practice to supersede the more abstract right. L nder such circumstances, there is only one way in which the title to property can be transferred, and that is by the actual tran^fcr of the physical control over the property, and hence delivery of possession becomes the important fact in the assignment of legal rights over jjhysi- cal objects. It is easy to see how this simple process, so convenient and appropriate in llie case of chat- tels, came to be transferred to the conveyance of interests in lands. There was no way in which these interests, however temporary and limited in character, could be vested in another but by I'.utting liim into possession of the land itself, and thus we find the early method of conveyanc- ing to be the transfer of the land by delivery. See Feoffmext; Livery of Seisin : Seisin. Though this method of conveying real prop- erty has been superseded on both sides of the Atlantic by more convenient methods, the notion of the significance of delivery has been transferred to the written instrument by which lands are now universally conveyed, and has even been extended to other transactions in which similar instru- ments are employed; while in the case of chattels delivery of possession is still the usual, and in many cases the essential mode of transfer. See Deeo; Gift; Sale While delivery usually contcmi)lates the actual handing over of the subject matter of the trans- action by the transferror, or party to be bound, to the transferee, or party to be benefited, it may equally be etTected by any appropriate and mani- fest act whereby the deliveree is put in the same position of control over the thing as that which the deliveror held prior to the act. The posses- sion thus assumed may be inuncdiate and per- sonal, or it may be by an agent or servant. The transfer of title to a house may, if so intended, carry with it the possession of the chattels therein, and the actual phvsical delivery of a key may constitute a delivery of securities in a strong box, or of a horse in a stable. So there may be a symbolical delivery, as of goods, by the transfer of the bill of lading or warehouse receipt describing them, or of money on deposit in a savings bank, by passing over the bank- book. There is also what is called a 'construc- tive' delivery, as where a part of a bill of goods is delivered for the whole, or where, a thing having been placed by the owner in the custody of a third person, the custodian agrees to hold it for the deliveree. It will be noticed, however, that in no case is there a legal delivery by mere words indicating an intention to transfer the title, without some overt and significant act on the part of the donor or vendor, whereby he surrenders his control over the article. The nearest approach to such a case is that referred to in the article on Deed, where such a declaration of intention accom- panies and explains an equivocal act. such as the laying down of an instrument on the desk of the deliverer or his inclosing it in an envelope addressed to the deliveree. See Possession. Consiilt: Pollock and Wright, .!» Eisni/ on PosscDsion i» the Commiin Lnir (Oxford, 1888), and the authorities referred to under such titles as Sai.e; Possession: Title: etc, DELIVERY. See Orstetrics. DEL'LA CRUS'CAN SCHOOL. About the year 1785, a number of English residents in Florence endeavored to beguile their leisure hours by writing verses, which they published under the title of The I'loninc M iaeelhiiiy. The insipidity, all'ectalion, and fantastic silliness of these jiroilnctions transcend belief; yet such was the poetic destitution of the period that they soon found a crowd of admirers and imitators. Taking the name of an academy in Florence (see Academy), the Delia Cruscans presently began to print their lucubrations in England, ehieliy in two daily newspapers called The World and The Onicle. "While the epidemic malady was s])reading from fool to fool," as Gilford pungently says, "one of the brotherhood, a Sir, Robert ilerry, came over from Florence, and inunediatel,v announced himself by a sonnet to Love," It was answered by a certain Anna ila- tilda, who (as was the custom) praised it im- moderately in language even more absurd than ilerry"s own. .-Vccording to tiifl'ord, "the fever now turned to a frenzy; Laura, Maria, Carlos, Orlando, .delaide, and a thousand other name- less names, caught the infection; and from one end of the kingdom to the other all was nonsense and Delia t'rusca." Retribution, however, came, for in 17!I4 (iitTord produced his Baiiad. and in ITt't) his Maiiad. Rarely has literature wit- nessed such an excoriation. It completely killed the "school,' and, indeed, it is only in these two poems that the memory of most of the unhappy Delia Cruscau songsters has been preserved. BELLINGER, del'ling-er. RtooLF (1857—). A German composer of operettas. He was born at Graslitz, Bohemia, and was educated at the Conservatory of Prague. After conducting opera in Hamburg for a number of years, he was in 1S!I3 appointed leader of the Court Opera in Dresden, His operettas entitled Don Cesar (1885), Capita)! Fracasse (1880), and Die Chaiisoniirttc (1805), are deservedly popular. DELLYS, del-lez' (Kabyle TedUs, Lat. liasu- euiTiis). A seaport town and important mili- tfli'v post of Algeria, situated 40 miles east of Algiers, with which it is connected by rail (ilap: Africa, El). It is divided into a European and a native port, and has a good roadstead. It con- tains a mosque and an industrial school, and car- ries on a considerable trade in grain, olives, and wine. Population of commune, in 1001, 13.977, including over 1000 French residents. DEL'MAR, Alexander (1836—), An Ameri- can political economist, born in Xew York City, and eilucated at Xew York University. He founded the fiocial fieieiwe A'eriVic. and was its editor in lSfi4 to 1866, and in the latter j-ear organized and was director of the United States Bureau of Statistics. In 1870 he was appointed mining conunissioner of the United States Mone- tary Connnission. His publications, dealing chiefly with the history of money, comprise: Gold Motiri/ and Paper- Money (1802); The ational Baiiliuq fill-item (1863) ; Letter on the Finances ( 1808)'; The Hislorii of Precious Metals ( 1880) ; The Uiston/ of Moneii in Ancient Countries (1884): The ftcience of Money (ISS.'i); Money and Cirili::ation (1886): and The History of Money in America (1800). DEL'MENHORST. A town in the Grand Diihy of i)ldciil>urg, 10 miles southwest of Bremen (Map: Germany, C 2). Wool-carding,