Page:Black's Law Dictionary (Second Edition).djvu/1048

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RIGHT OF POSSESSION

RIGHT OF POSSESSION. The right possession which may reside in one man, while another has the actual possession, being the right to enter and turn out such actual occupant; e. 9., the right of a disseisee. An apparent right of possession is one which may he def0:1l.Ld by a better; an actual rmht of possession, one which will stand the test against all opponents. 2 Bl. Comm. 196.

RIGHT OF PROPERTY. The mere right of property 11.] land; the abstract right whuh remains to the owner alter he has lost the right of pU5\e5Sl0D, and to recover which the ’\\ t or light was given. United with possession, and the right of possession, this right constitutes a complete title to lands, tenements, and heredilnnieuts. 2 Bl. Gomni. 197.

RIGHT OF REDEMPTION. The right to disiucuniber propeity or to tree it from a claim or lien; spev:iJ:'ica11y, the right (granted by statute only) to tree property from the l.ncunibraiic'e of a foreclosure or other judicial sale, or to recover the title passing thereby, by paying what is due, with interest. costs, etc, but to be confounded with the "equity of redemption," which exists independently of statute but must be exercised before sale. See Mayer v. Farmers‘ Bank, 44 Iowa, 216: lililiett v. Mullen, 95 Me. 400, 49 Atl. 871; Case v. Spelter Co., 622 Rain. 69, 61 Pac. 406.

RIGHT 0!‘ RELIEF. In Scotch law. The right of a eautioner (surety) to demand reimbursement from the principal debtor when he has been compelled to pay the debt. 1 Bell, Comm. 347.

RIGHT OF REPILESENTATION AND PERFORMANCE. By the utts 3 B: 4 Wm. IV. c. 15, and 5 B: 6 Vict. c. -15, the author of a play, opera, or musical composition, or his assiguee. has the sale right of representing or causing it to be represented in public at any place in the British dominions during the same period as the copyright in the work exists. The right is distinct from the copyright, and requires to be separately registered. Sweet.

RIGHT 0!‘ SEARCH. In international law. The right of one vessel. on the high seas, to stop :1 vessel of another nationality and examine her papers and (in some cases) her cargo. Thus. in time of war, a ve$cl of either belligerent has the right to search a neutral ship, encountered at sea. to ascertain whether the latter is carrying contraband goods.

RIGHT 0!‘ WAY. The right of passage or of uay is a servitude imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or

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RIGHTS OF THINGS

in a vehicle, to drive beasts of burden or carts, through the estate of another. Wbea this sersitude results from the law, the ex- ercise of it is confined to the wants of the person who has it When it is the result of a contract, its extent and the made of using it is regulated by the contract. Civ. Code La. art. 722.

_‘ glut of way." in its strict meaning. is the right of passage over another man's ground; and in its legal and generally accepted ineaui , in reference to a railway, it is a mere easeaimt in the lands of others, obtained by iimfui cou- demnation to public use or by purchase. It would be_ using the temi in an unusual sense, by applying it to an absoluie purchase of the fee-simple of lands to be use-l for a riiilivuy or any other kind of a wag. Williams v. Western Union Ry. Co., 50 Wis. 76, 5 N. W. 482. And see lxripp 7. Curtis, Cal. 62, 11 Pac. 379; Johnson v. Lewis, 4 Ark. 66. 2 S. W. . ; Boiliish v. Bodiish. 105 Mass. 317; New Mex- If!) v. United States Trust Co.. 112 U. S. 171, 19 Sup. Ct. 128, -13 L. Ed. 407. Stuyvesant v. Woodruif, 21 N. J. Law. 136, 57 Am. Dec. 150.

RIGHT PATENT. An obsolete writ, which was brought for lands and tenements, and not for an advowson, or common, and lay only for an estate in teesiniple, and not for him who had a lesser estate; as tenant in tail, tenant in frank marriage, or tenant for life. Fitzh. Nat. Brev. l.

RIGHT TO BEGIN. On the hearing or trial of a cause, or the argiunent of a do murrer. petition, etc., the right to begin is the right or first addressing the court or Jury. The right to begin is frequently of importance, as the counsel who begins has also the right of replying or having the last Word after the counsel on the opposite side has addressed the court or jury. Sweet.

RIGHT TO REDEEM. The term "right of redeniption.” or “right to redeem," is familiarly used to describe the estate of the debtor when under mortgage, to be sold at auction, in contradistinction to an absolute estate, to be set oif by appraisenient It would be more consonant to the legal char- acter of this interest to call it the "debtors estate subject to mortgage." White v. Whit« ney, 3 Meta. (Mass) 86.

RIGHT, WRIT 0!‘. A procedure for the recovery or real property after not more than sixty years‘ adverse possession; the highest writ in the law, sometimes called, to distinguish it from others of the droiturai class, the “writ of right proper." Abolisbed by 3 B: 4 Wm. IV. c. 27. 3 Steph. Comm. 392.

RIGHTS OF PERSONS. Righte which concern and are annexed to the persons of. men. 1 Bl. Comm. 122.

RIGHTS OF THINGS. Such as a man may acquire over externai objects, or things unconnected with his person. 1 BL Oonini.

122.