Page:Every Woman's Encyclopedia Volume 1.djvu/812

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WOMAN'S LAW boo: By G. D. LYNCH (Barrister-at-Law) . > Legal terms and legal language make the law a mystery to most people. Yet there need be no mystery surrounding the subject, and in this section of Every Woman's Encyclop/EDIA only the simplest and clearest language will be used, so that readers may understand every aspect of the law with regard to : Property Money Mailers Employer^ s Liability Taxes Children Servants Lodgers Willi Landlords Pets Sanitation Wife's Debts, etc., etc. PROPERTY IN LAND True Meaning of the Term Landowner — Real and Personal Estate — How Money can be Land— Emblements — Local Customs — Holding during Widowhood IN dealing with a subject such as land and neighbour if it escapes, he keeps it at his the ownership of land it is impossible peril. And, proceeding on this principle, to avoid legal technicalities, because right the county surveyor brought an action of property in land arises through a creation against the lady for allowing her lakes to of law. escape and damage the bridges. And un- The EngUsh law does not recognise doubtedly the lady would have had to absolute ownership in land in the case of make good the damage if it had not been a subject ; he must hold his estate of the king either directly or indirectly through some intermediate lord. Land is the object of tenure ; and he who has it is said to hold rather than own it. The largest property in land which a subject can hold is an estate in fee simple, to which are now incident the rights of free enjoyment and free disposition, so that such an estate is well-nigh equivalent to absolute property. Ownership Ownership comprises the possession, use, and enjoyment of the thing, either imme- diately or at a future time, and usually also the power of disposing of it. A right of ownership entitles the owner to deal with the subject of the right as he may think fit, provided he does not in so dealing with it infringe upon the rights of any other person. And this has given rise to shown that the lakes had been carefully constructed and maintained, and that the downpour of rain was so exceptional as to amount to an act of God. Real and Personal The terms " real and personal " were first applied to actions which were real, personal, or mixed. Real actions were in connection with realty, or land, for recovery of free tenements ; personal, to obtain compensa- tion for a violation of a right by way oi damages ; and mixed, partaking of the nature of both a claim for damages along with a claim for specific recovery of some tenement, as in an action for ejectment. Realty The word realty was originally equivalent to freehold. Real estate, or "things real," mean real hereditaments, or things inherit- a celebrated legal maxim, which may be able. Realty given by will passes at death translated : " Make such use of your own property as not to injure your neighbour's." There once lived a lady who was the proprietor of some ornamental lakes in Chester, which had existed time out of mind. One summer, owing to a tremen- dous storm, the floods came, the lakes overflowed and swept away two or three of the county bridges. Now the rule of law is that when a person brings on to his land anything that will do damage to his immediately to the person to whom it is given. On the death without a will of a person who has an inheritable interest in things real, the interest passes directly to the heir at law. In other words, if " you inherit an estate it becomes yours immedi- ately. Personalty Whereas personalty, or personal property, whether given by will or passing on the death of a person who dies without making