Page:Black's Law Dictionary (Second Edition).djvu/1047

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RIGHT

created by law and depend upon civilized society; or they are those which are plainly assured by natural law (Borden v. State, 11 Ark. 19, 44 Am. Dec. 217); or those which, by fair deduction from the present Dhyslcili. moral, social, and religious characteristics of man. he must be invested with, and which he ought to have realized for him in a jural society. in order to fulfill the ends to which his nature calls him. 1 Wooisey, Polit. Sci- ence, p. 26. Such are the rights of life, liberty, privacy, and good reputation. See Black, Coast. Law (3d Ed.) 523.

Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not connected «with the organization or admniistra1- tion of govei'ni.nei.it. They include the rights of property, marriage, protection by the laws, freedom of contract, trial by Jury, etc. See Winnett v. Adams, 71 Neb. 817, 99 N. W. 681. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capuhie of being enforced or redressed in a civil action. Also a term applied to ceitain rights secured to citizens of the United States by the thirteenth and fourteenth amendments to the constitution, and by various nuts of congress made in pursuance there of. iowa v. llailroad 00. (C. C.) 37 Fed. 4215, .5 L. It A. 554; State v. Poweis, 51 N. J. Law, 432, 17 Atl. 913:); Bowles v. Hi-ihei-mann, 95 N. Y. 2-.17; People v. Washington, 36 0211. I758; Fletcher v. Tuttle, 151 Ill. 41, 37 N. E. 6815, 25 L. R. A. 143. 42 Am. St. Rep. 220; Hi-onel; v. People, 134 ill. 139, 24 N. E. 861, 3 L. R. A. 837, 23 Am. St. Rep. 652.

Political rights consist in the power to participate, directly or indirectly, in the estab- iishiiieiit or administration of governineut, such as the rmht of citizenship, that of surfrage, the right to hold public office, and the right of petition. See Black Const. Law illd Ed.) 524; Winnett v. Adams, 71 1\'eb. S17, ‘J9 N. W. (SS1.

Pcrsmiul rights is a term of rather vague import, but generally it may be said to mean the right of ziei-sonal security, comprising those of life, limb, body, health. reputation. and the right of personal liberty.

in an adjective, the term "right" means Just, morally correct, consonant with ethical principles or rules of positive law. It is the opposite of wrong. unjust, illegal.

"ltight" is used in law, as well as in eth- ics, ns opposed to “wrong." Thus, a person may acquire a title by wrong.

In old English law. The term denoted an accusation or charge of crime. Fitzh. Nat. Brev. 66 F.

See, also, Daorr; Jns; Racnr.

Other compound and delcriptive terms. —Base right. In Scotch law, a subordinate right; the right of a suiivassal in the lands held by birn. Beil.-—Bi1l of rights. See RIIL. 6.—Gommon right. Sec (.‘osriioN.— Declaration of rights. See Bill of Rights,

1039

RIGHT OF HABITATION

under BILL.—lVIa1-ital tights. See MARI- 'raL.—lVIe:i-e right. In the law of real estate, the mere right of propeny in lsnd; the light of a proprietor, but without possession or even the right of possession; the abstract right of pi-opert_v.—Pateni: right. See PA’I'ENT.— Petition of right. Sec l:‘i:1'i'rIoN.—Privnte rights. Those rights which nppertain to ii paitjcular individual or individuals, and relate either to the peisnn, or to personal or real prop- eity. 1 ChiL Gen. Pr. 3.—Real right. In Scotch law. That which entitles him who is Vested with it to possess the subject as his own. and, if in the possession of another, to demnnd from him its actual possession. R4:-.ul rights at- fect the subject itself; PFTSMWI are founded in obligation. Erskine, Inst. 3, 1, 2.—Rlghthei1-. See Hi:in.—R.iparlnn rights. See Rumm- Aiv.—Vested rights. Bee Vnsmn.

And see also the following titles.

RIGHT CLOSE, WRIT OF. An abolislicd writ which lay for tenants in ancient denicsne, and others of a similar nature, to try the right of their lands and tenements in the court of the lord exciusively. 1 Steph. Comm. 224.

RIGHT IN ACTION. This is a phrase frequently used in place of chase in action, and having an ldenticai meaning.

RIGHT IN COURT. Coma.

See Rnorua IN

RIGHT OF ACTION. The right to bring suit; a legal right to maintain an action, growing out of a given transaction or state of facts and based thereon. Hlbbard v. Clark, 56 N. H. 155, 22 Am. Rep. 4-12; Web- ster v. County Com’rs, 63 Me. 29.

By the old writers, “right of action" is commonly used to denote that a person has lost a right of entry, and h.is nothing but a right of action left. Go. Litt. 3631:.

RIGHT OF DISCUSSION. In SC(.-tcli law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the perrorniance of the contract by the principal debtor, before he shall be called upon. 1 Bell, Comm. 347.

RIGHT OF DIVISION. In Scotch law. The right which each of several cautioners (sureties) has to refuse to answer for more than his own share of the debt. To entitle the cautioner to this right the other cautioners must be solvent, and there must be no words in the bond to exclude it. 1 Bell. Comm. 347.

RIGHT OF ENTRY. A right of entry is the right of taking or resuming possession of land by entering on it in a peaceable IDEl.i.l- ner.

RIGHT OF HABITATION. In Louisi- ana. The right to occupy another man's house as a dwelling, without paying rent or

other compensation. Clv. Code La. art. 623.