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Test Bank For Real Estate Law 11th Edition Jennings 1305579917 9781305579910
Test Bank For Real Estate Law 11th Edition Jennings 1305579917 9781305579910
9781305579910
Solution Manual:
https://testbankpack.com/p/solution-manual-for-real-estate-law-11th-edition-jennings-
1305579917-9781305579910/
TRUEFALSE
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (A)
5. Violation of a restriction in a fee simple subject to a condition subsequent results in an automatic
loss of interest.
False
Answer : (B)
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (A)
11. A life tenant has the right of undisturbed possession of the life estate.
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (B)
13. Waste is an act or omission that causes permanent loss to the life estate.
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (A)
15. A tenancy for years is properly terminated with one rental period's notice.
(A) True
(B) False
Answer : (B)
16. A tenancy for a period and a periodic tenancy are the same interests.
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (B)
18. A tenancy at sufferance exists after the termination of a prior lease but before acceptance of
rent by the landlord.
(A) True
(B) False
Answer : (A)
(A) True
(B) False
Answer : (A)
20. A tenancy at sufferance can continue even after the tenant pays rent.
(A) True
(B) False
Answer : (B)
21. Both the fee simple determinable and the fee simple subject to a condition subsequent are fee
simple defeasible estates.
False
Answer : (A)
(A) True
(B) False
Answer : (B)
(A) True
(B) False
Answer : (A)
24. "To A so long as the property is not used for a toxic waste dump" is an example of a fee simple
subject to a condition subsequent.
(A) True
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comes of age, the head-tuft is shaved with great ceremonies, the relations
being called together, priests being invited to recite prayers and wash the
head of the young man, and all the family resources being drawn upon
for the feast. The exact moment of the shaving is announced by a musket
shot. After the tuft is removed, the lad is sent to the pagodas to be taught
by the priests, and many of them never leave these quiet retreats, but
enter the ranks of the regular priesthood.
Even the women wear the hair-tuft, but in their case the hair is allowed
to grow to a greater length, and is carefully oiled and tended. The
woman’s head-tuft is said to represent the lotus flower opened. The head
is seldom covered, the cap worn by King S. Phra Mongkut being quite an
exceptional instance. As for clothing, the Siamese care but little for it,
though the great people wear the most costly robes on state occasions.
But even the highest mandarins content themselves during the warmer
months of the year with the single garment called the Pa-nung. This is a
wide strip of strong Indian chintz, generally having a pattern of stars
upon a ground of dark blue, green, red or chocolate. When worn, “the
Siamese place the middle of this, when opened, to the small of the back,
bringing the two ends round the body before, and the upper edges, being
twisted together, are tucked in between the body and the cloth. The part
hanging is folded in large plaits, passed between the legs, and tucked in
behind as before.” (See Bowring’s “Kingdom and People of Siam.”)
Sometimes the men have a white cloth hanging loosely over their
shoulders, and occasionally throw it over their heads. When walking in
the open air, a broad palm-leaf hat is used to keep off the sunbeams, and
is worn by both sexes alike.
There is very little difference in the dress of the sexes. When very
young, girls wear a light and airy costume of turmeric powder, which
gives them a rich yellow hue, and imparts its color to everything with
which they come in contact. Up to the age of ten or eleven, they
generally wear a slight gold or silver string round the waist, from the
centre of which depends a heart-shaped piece of the same metal, and,
when they reach adult years, they assume the regular woman’s dress.
This consists of the chintz or figured silk wrapper, which, however, falls
little below the knees, and a piece of lighter stuff thrown over one
shoulder and under the other. This latter article of dress is, however, of
little importance, and, even when used, it often falls off the shoulder, and
is not replaced. Even the Queen of Siam, when in state dress, wears
nothing but these two garments. As a rule, the feet are bare, embroidered
slippers being only occasionally used by great people.
The appearance of the king in his royal robes may be seen from the
portrait of a celebrated actress on the next page. In Siam, as in China, the
actors are dressed in the most magnificent style, and wear costumes
made on the pattern of those worn by royalty. To all appearance, they are
quite as splendid as the real dresses, for gilding can be made to look
quite as well as solid gold, and sham jewels can be made larger and more
gorgeous than real gems. The reader will notice that upon the fingers the
actress wears inordinately long nail-preservers, which are considered as
indicating that the nails beneath are of a proportionate length.
The actors in the king’s theatre are all his own women, of whom he
has some six or seven hundred, together with an average of five
attendants to each woman. No male is allowed to enter this department
of the palace, which is presided over by ladies chosen from the noblest
families in the land. These plays are all in dumb show, accompanied by
music, which in Siam is of a much sweeter character than is usual in that
part of the world. Besides the chief actors, at least a hundred attendants
assist in the play, all being magnificently attired. The play is continued
ad infinitum. When any of the spectators become wearied, they retire for
a while, and then return, and it is thought a compliment to the principal
guest to ask him the hour at which he would like the play to be stopped.
KING OF SIAM.
(See page 1467.)
ARMOR.
(See page 1460.)
ACTRESS.
(See page 1468.)
The veritable crown is shaped much like the mock ornaments of the
actress. The King brought for the inspection of Sir J. Bowring the crown
used at his coronation. It is very heavy, weighing about four pounds, and
is of enormous value, being covered with valuable diamonds, that which
terminates the peak being of very great size and splendor. The King also
exhibited the sword of state, with its golden scabbard covered with
jewels. When the sword is drawn, it is seen to be double, one blade being
inserted into the other, as into a second sheath. The inner blade is of
steel, and the outer of a softer metal. The handle is of wood, and, like the
sheath, is profusely adorned with jewels.
The Siamese are among the most ceremonious people, and in this
respect equal, even if they do not surpass, the Chinese and Japanese.
Their very language is a series of forms, by which persons of different
rank address each other; and, although there may be no distinction of
dress between a nobleman and a peasant, the difference of rank is
marked far more strongly than could be done by mere dress. It is an
essential point of etiquette, for example, that the person of inferior rank
should always keep his head below that of his superior.
Should a man of low degree meet a nobleman, the former will stoop at
the distance of thirty or forty yards, sink on his knees as his superior
approaches, and finally prostrate himself on his face. Should he wish to
present anything to his superior, he must do so by pushing it along the
ground, and, indeed, must carry out in appearance the formal mode of
address in which he likens himself to a worm. Just as the peasants grovel
before the nobles, so do the nobles before the king; and if either of them
has a petition to offer, he must put it in a jar, and so crawl and push it
along the ground as humbly as if he were a mere peasant. Siamese artists
are fond of depicting the various modes of approaching a superior, and
never forget to indicate the great man by two points. In the first place, he
sits erect, while the others crouch; and, in the second, he leans on his left
arm, and bends the left elbow inward. This most strange and ungraceful
attitude is a mark of high birth and breeding, the children of both sexes
being trained to reverse the elbow-joint at a very early age.
As may be expected from the progress of civilization, the Siamese
have a tolerably complete code of laws, which are administered by
regularly appointed officers. The laws are rather severe, though not much
more so than were our own a century ago. Murder, for example, is
punished with death; and in every case of murder or suicide, the houses
within a circle of eighty yards from the spot on which the crime was
committed are considered responsible, and fined heavily. This curious
law forces the people to be very cautious with regard to quarrels, and to
check them before the two antagonists become sufficiently irritated to
seek each other’s life. This respect for human life contrasts strongly with
the utter indifference with which it is regarded in China and Japan.
Nobles of very high rank are exempt from capital punishment in one
way, i. e. their blood may not be shed; but, if guilty of a capital offence,
they are put into sacks, and beaten to death with clubs made of sandal
wood. Some punishments are meant to inflict ignominy. Such, for
example, is that of a bonze, or priest, who is detected in breaking his
vow of chastity. He is taken to a public place, stripped of his sacred
yellow robe, flogged until the blood streams down his back, and then
kept in the king’s stables for the rest of his life, employed in cutting grass
for the elephants.
Another similar punishment is inflicted on laymen. A cangue is
fastened round his neck, his hands and wrists are chained, and he is taken
round the city, preceded by drums and cymbals. The worst part of the
punishment is, that he is compelled to proclaim his crime aloud as he
passes through the streets; and if he ceases to do so, or drops his voice,
he is beaten severely with the flat of a sword. Prisoners are mostly
employed on public works, and at night they are all fastened together
with one long chain.
Of the religion of the Siamese it is impossible to treat, because
Buddhism is far too wide and intricate a subject to be discussed in a few
pages. There is, however, one modification of this religion which must
be mentioned; namely, the divine honors paid to the White Elephant.
By the Siamese, these animals are thought to be the incarnations of
some future Buddha, and are accordingly viewed with the deepest
respect. The fortunate man who captures a white elephant sends the news
to the capital, and in return for the auspicious news is thenceforth freed,
with his posterity, from all taxation and liability to military service. A
road is cut through the forest, and a magnificent raft is built on the
Meinam River, for the reception of the sacred animal. When the elephant
reaches the raft, he is taken on board under a splendid canopy, and kept
in good temper by gifts of cakes and sweetmeats. Meanwhile, a noble of
the highest rank, sometimes even the First King himself, goes in a state
barge to meet the elephant, accompanied by a host of boats with flags
and music, and escorts the sacred animal to the capital, each boat trying
to attach a rope to the raft. When arrived, the animal is taken to the
palace, when he receives some lofty title, and is then led to the
magnificent house prepared for him, where, to the end of his life, he is
petted and pampered and has everything his own way, the king himself
deeming it an honor if the sacred beast will condescend to feed out of his
hand. On the head of the elephant is placed a royal crown, his tusks are
encircled with precious rings, and a royal umbrella is carried over him
when he goes to bathe.
When the animal dies, the hairs of the tail are reserved as relics of a
divine incarnation, and the body is buried with royal honors. The hairs of
the tail are set in golden handles, profusely adorned with precious stones;
and the reader may possibly remember that the First King, Somdetch
Phra Mongkut, sent one of these tufts to Queen Victoria, as a priceless
proof of the estimation in which he held her. The King also gave the
ambassador, Sir J. Bowring, a few hairs from the tail, as a gift about
equal to that of the Garter in England, and when, to the great grief of the
nation, the elephant died in 1855, the King sent Sir J. Bowring, as a
further mark of his favor, a small piece of the skin preserved in spirits of
wine.
The color of the elephant is not really white, but a sort of pale, brick-
dust red. Albino animals of all kinds are venerated by the Siamese, the
white monkey being in rank next to the white elephant. This veneration
is so marked that a talapoin—a sort of preaching fakir—who will not
condescend to salute the King himself, bows humbly if he should see
even a white cock, much more a white monkey.
The architecture of Siam deserves a brief notice. It possesses some of
the characteristics of Chinese, Japanese, and Burmese, but has an aspect
that belongs peculiarly to itself. Ordinary houses are of comparatively
small dimensions, but the temples are often of enormous size, and in
their way are exceedingly beautiful. They are full of lofty and gabled
roofs, five or six of which often rise above each other, in fantastic beauty,
so as to lead the eye upward to the central tower. This is always a sort of
spire or pinnacle, which is made of a succession of stories, and is
terminated by the slender emblem of sovereignty, namely, an ornament
that looks like a series of spread umbrellas placed over each other, and
become less and less as they approach the summit. The whole of the
tower is profusely adorned with grotesque statues in strange attitudes,
and there is scarcely a square foot which is undecorated in some way or
other.
The palaces are built on much the same model, and their gates are
often guarded by gigantic figures carved in stone. At the door of the Hall
of Audience at Bangkok are two figures made of granite. They are sixty
feet in height, and represent men with the tails of fish projecting from the
spine. In fact, they are almost exact reproductions of the Assyrian
Dagon, as it is represented on the Nineveh sculptures.
The funeral pile on (or rather in) which is burned the body of a king or
any of the royal family, is built on the same principle as the temples, and
is in fact a temple, though made of combustible materials. There is
before me a photograph of the funeral pile which was made for the body
of the First King’s son, and another of a pile erected for the purpose of
consuming the body of his wife. They are very similar in appearance,
being temples made of wood and canvas, covered with gilt paper. They
are about a hundred and twenty feet in height, and on the photograph,
where the nature of the material is not shown, look like magnificent
specimens of Siamese architecture.
The central spire, terminated with its royal emblem, rises in the centre,
and round it are clustered gables, roofs, pinnacles, and pillars, in
bewildering profusion.
The door is guarded by two gigantic statues, and the body lies in the
centre of the building, hidden by curtains. On account of the flimsiness
of the materials, to all the pinnacles are attached slight ropes, which are
fastened firmly to the ground, so that they act like the “stays” of a ship’s
mast. Inflammable as are the wood, paper, and canvas of which the
edifice is made, they are rendered still more so by being saturated with
oil, tar, and similarly combustible substances. Vast, therefore, as is the
building, a very short time suffices to consume it, and the intense heat
reduces the corpse to a mere heap of ashes, which are gathered together,
and solemnly placed in the temple dedicated to that purpose.
CHAPTER CLIX.
ANCIENT EUROPE.
THE SWISS LAKE-DWELLERS.
THE MAKONDÉ.
When this work was published, the celebrated explorer, Dr. David
Livingstone, who had done so much in opening to the civilized world the
great continent of Africa, had disappeared in its interior. In the beginning
of 1866 he started from Zanzibar, on the East Coast, on that journey
which at length terminated with his life in the village of Ilala, in April,
1873. By the providential preservation of his journal we are favored with
the results of his explorations, and learn of the tribes and peoples whom
he visited, and has described with so truthful and fascinating a pen.
No inconsiderable portion of this work is derived from the travels of
Dr. Livingstone. It seems important, therefore, that his contribution to a
knowledge of the uncivilized races, made since this work was issued,
should, so far as our space will permit, be appended to it.
In March, 1866, Dr. Livingstone, having left Zanzibar, arrived in
Mikindany Bay, which is about twenty-five miles north of the Rovuma
River. Starting from Pemba, on the north side of the bay, April 4th, he
entered the country of the Makondé.
The path lay in a valley with well-wooded heights on each side; and
with the tall grass towering over the head, and now and then a jungle to
be cleared, and no air stirring, the entrance upon his seven years’
journeying was difficult and oppressive.
In passing through the jungles, though they offered no obstruction to
foot-passengers, it was necessary to heighten and widen the paths for the
tall camels. The Makondé of the village were very willing to aid
Livingstone in this work, as wood-cutters or carriers. He organized a
party of about ten jolly young men, paying each a yard of calico per day.
Being accustomed to make clearing-places for their gardens, they
worked with a will. They were perfectly satisfied with their small
compensation. Using tomahawks, climbing and young trees disappeared
before their steady and vigorous blows like clouds before the sun. This
work, however, told upon them in two or three days. The tallest men
became exhausted soonest. Not being a meat-eating people, except one is
fortunate enough to kill a wild hog or antelope, their physical strength
was not equal to any prolonged demand for hard work. They will not eat
the flesh of beasts like that of the leopard and lion, which is readily eaten
by other tribes, and the reason they give is, that these animals devour
men. Such a fact refutes the allegation that this tribe are guilty of
cannibalism.
In the open spaces were cleared gardens for maize, cassava, and
sorghum. The soil being very fertile and with no rocks, very heavy crops
of these products are obtained. The cassava bushes grow to the height of
six or seven feet. Food is very plenty and cheap. Just before
Livingstone’s visit, they had been ravaged by the Mazitu, who had
carried away many of their people as slaves. The Mehambwé, a branch
of the Makondé tribe, had also three months before been invaded, and
robbed of all their food, so that they were obliged to send in every
direction for provisions.
The Makondé have been very greatly diminished in numbers since the
slave trade was introduced, one village making war upon another,
kidnapping as many as possible to sell them to the Arab slave-dealers.
They ascribe diseases and death to witches, and when one of a village
dies, the whole population move off, saying “That is a bad spot.” They
pray to their mothers when dying or overtaken by any disaster.
Livingstone’s Somalie guide, Ben Ali, represented that they had no idea
of a deity or a future state, and believe in nothing but medicine. All the
head men of the villages pretend to be or are really doctors. Livingstone,
however, discovered some consciousness of the existence of a God. They
get large quantities of the gum-copal, which attracts the coast Arabs as
an article of commerce. The people have the belief that in the vicinity of
the kumbé, or gum-copal trees, the more ancient trees stood and must
have dropped their gum upon the ground. They therefore dig for it, and
will give as a reason for want of success at any time, “In digging, none
may be found one day, but Mulungu (God) may give it to us on the
next.”
Bhang, which is a species of hemp, is not smoked, but only tobacco.
They raise no sheep or goats, but only fowls, pigeons, and ducks. Honey
is so abundant that a gallon-pot and four fowls were given for two yards
of calico. One of their modes of salutation is to catch each others’ hands
and say, “Ai! ai!” but the more common custom is to take hold of the
right hand and say, “Marhaba” (welcome).
The Makondé are all independent of each other, and have no
paramount chief. Their physical characteristics are well-formed limbs
and body, small hands and feet, medium height, and manly bearing.
Their lips are full but not excessively thick; their foreheads are compact,
narrow, and low; the alæ nasi are expanded laterally.
THE WAIYAU.