Page:Black's Law Dictionary (Second Edition).djvu/854

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OCCUPANCY

OCCUPANCY. Occupancy is a mode of acquiring property by which a thing which belongs to nobody becomes the property of the person who took possession or it, with the intention of acquiring a right of ownership in it. Civ. Code La. art. 3412; Goddard v. Winchell, 86 Iowa, 71. 52 N W. 1121. 17 L R. A. 789. 41 Am St. Rep. 48].

The taking possession of things which before belonged to nobody, with an intention of appropriating them to one's own use.

"Possession" and “occupancy," when applied to land, are nearly synonymous terms, and may exist through a tenancy. Thus. occupancy of a. homestead. such as will satisfy the statute, may be by means other than that of actual residence on the premises by the widow or child. Walters v. People. 21 Ill. 173.

' ‘hei-e is 11 use of the word in publickland laws. homestead laws, “occupying-claimant" laws. cases of landlord and tenant, and like connections. which seems to require the broader sense of possession. although there is. in most of these uses. a shade of meaning discarding any prior title as a foundation of right. Perhaps both uses or views may be harmonized, by saying that in ' 'is-prudence occupancy or occupation is pos- u. presented independent of the idea of a chain of title, of any earlier owner. Or "occu- pancy" and "occupant" might be used for assuming property which has no owner, and “oc-

-up-ition" and “occuDier" for the more general

idea of possession. Judge Boiivier's definitions seem partly founded on such a distinction, and there are indications of it in English usage. It does not appear generally drawn in American books. Abbott.

In international law. The taking possession of a newly discovered or conquered country with the intention or holding and ruiing it.

OCCUPANT. In a. general sense. One who takes possession of a thing, of which there is no owner; one ivho has the actual possession or control of a thing.

In a special sense. One who takes possession of lands held pur imtre rie, after the (loath of the tenant, and during the life of the ccstui que pic.

—Gene1-al occupant. At common law where a man was tenant par autre vie, or had an cstatc granted to hiniseit‘ only (without mentioning his heirs) for the life of another man, and died without alienation during the life of I-estwi quc vie, or him by whose life it was holden he that could first enter on the land might lawfully retain the possession, so long as ccstwi qua via lived, by right of occupancy, and was hence termed a “.=;eneral" or common "occupant." 1 Steph. Comm. 415.—Specia1 occupant. A person having a special right to enter upon and occupy lands granted par autre vie, on the death of the tenant, and during the life of ceatnri que vie. Where the grant is to a man and his heirs during the life of cestu/I que vie, the heir succeeds as special occupant, having a speci.-ii exclusive ' ht by the terms of the origi- zfil; grant. 2 Bi. mm. 259: 1 Steph. Comm.

Oconpantis flunt derelicts. Things abandoned become the property of the (first) occupant. Taylor v. The Cato. 1 Pet. Adm. 53, Fed. Cas. No. 13,786.

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OOCUPYING CLAIMANT ACTS

OCCUPARE. Lat. In the civil law. To seize or take possession of; to enter upon a vacant possession; to take possession be fore another. Calvin.

OCCUPATILE. That which has been left by the right owner, and is now possessed by another.

OCCUPATION. tenure ; use.

In its usual sense “occupation" is where a person exercises physical control over land. Thus. the lessee of a house is in occupation _ot‘ it so long as he has the power of entering into and staying there at pleasure, and of excluding all other persons (or all except one or more sped- fied persons) from the use of it. Occupation I! therefore the same thing as actual possess-Ion. Sweet.

The word "occupation," applied to real property, is. ordinarily. equivalent to "possession" In connection with other expressions, it may mean that the party should be living upon the premises; but. standing alone, it is satisfied Egtgual possession. Lawrence v. Fulton. 19 Ci.

1. Possession; control:

2. A trade; employment; profession; busi- nem; means of livelihood.

—Aetual occupation. [in open. visibie occu- pancy as distinguished from the constructive

one which follows the legal title. Patterson. 82 Minn. 375. 85 N. W. 17 ple v. Ambrecht. a Abb. Pmc. (N. Y. _ nett v. Burton, 44 Iowa. 550.—Ocr_:upntion tax. A tax imposed upon an occupation or_ the prosecution of a business, trade, or ]'li'(\_f€$SiDl.l£ not a tax on property, or even the capital employed in the business, but_ an _eXdse tax on the business itself: to be distinguished mm a "h- ccnse tax," which is ti fee or exaetinn for [be privilege of engaging in the business, not for its prosecution. See Adler v. Whitbccli. 44 Obio St. 539, 9 N. E. (372; Ap al of Banner. 109 Pa. 95; Pullman Palace ar Co. v. State. 64 Tex. 274, 53 Am. Rep. 758.


OGCUPATIVE. Possessed ; ploy ed.

used; em-

OCCUPAVIT. Lat. In old Imlish law. A writ that lay for one who was elected out of his land or tenement in time of war. Cowell.

OCCUPIER. An occupant; one who is to the enjoyment of a thing.

OCCUPY. To hold in possession; to hold or keep for use Missiuiiarv Soc, of M. E. Church v. Dalles City, 107 ll. S. 343. 2 Sup. Ct. 677, 27 L. Ed. 645: Jackson v. Gill, 11 Johns. (N. Y.) 214, (3 Am. Dec. 363,

OCCUPYING CLAIMANT ACTS. Statutes proiidmg for the ielrnburseuient of a bona fide occupant and claimant of land. on its recovery by the true owner, to the extent to which lasting improvements made by him have increased the vaine of the land. and generally giving him a lien therefor. Jones v. Great Southern Hotel Co., 86 Fed.

370, 30 C. C. A. 108.