A First Book of Jurisprudence for Students of the Common Law (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1896. Not illustrated. Excerpt: ... generally, so that the law and practice of the two countries are quite different. Light, or the benefit of light, is in itself not a thing at all in the legal sense any more than it is matter in the sense of the physicist; and the question is how far the enjoyment, in some definite manner and measure, of that which in itself is common to all the world can or does give rise to definite rights to be free from interruption in such enjoyment. Ownership. Ownership may be described as the entirety of the powers of use and disposal allowed by law. This implies that there is some power of disposal, and in modern times we should hardly be disposed to call a person an owner who had no such power.1 If we found anywhere a system of law which did not recognise alienation by acts of parties at all, we should say not that the powers of an owner were very much restricted in that system, but that it did not recognise ownership. The term, however, is not strictly a technical one in the Common Law,2 we shall presently see why. We must not suppose that all the powers of an owner need be exerciseable at once and immediately; he may remain owner though he' has parted with some of them for a time. He may for a time even part with his whole powers of use and enjoyment, and suspend his power of disposal, provided that he reserves, for himself or his successors, the right of ultimately reclaiming the thing and being restored to his power. This is the common case of hiring land, buildings, or goods. Again, the owner's powers may be limited in particular directions for an indefinite time by rights as permanent in their nature as ownership itself. Such is the case where the owner of Whiteacre has a right of vway over his neighbour's field of Blackacre. As this example shows, what is thus su...