Page:Black's Law Dictionary (Second Edition).djvu/964

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PROPERTY

thnt they cannot be transferred from him. or lease to be his, without his own act or default. 2 Bl. (‘onnn. .;\‘9. In the l'i\\ of wills, a bequest or devise “to be the absolute pl‘0])el‘I3” of the bL'llLl.i("lJl)‘, may pass a title in fee. simple. My- ers v. Anderson, 1 Strob. E41. (S. C.) 344. 4 km. Dec " T: Fackler v. Berry. 93 Va. 565, ' S. E. 837. 57 Am. St Rep. 819. Or it may mean that the property is to be held free from any limitation or condition or free from any wntrol or d|K'I)0Sl[IDE| on the part of others. Wilson v. White. 133 Ind. 614. 33 N. E. 361 19 L. R. A. 551; Williams v. \"'n.icleave, '1‘. B. Mon. (Ky.) 388, .'393.—C-oin:iinn prop- erty. A term sometimes appiied to lands on ned by a municipal corporation and held in trust for the common use of the inhabitants. Comp. Laws N. Mex. 1897. § 2184. Also property owned jointly by husband and wife under the community system. See COMM‘UNITY.—Co'|nmnnity property. See CoMi.mNrrr.-—Genancinl property. See that title—C‘renera.1 roperty. The right and property in I ( ing enjoyed by the gen:-1-al owner. See OWN- r.n.—-Literary property. See IiITl-IRABY.—- Mixed property. Property which is personal in its essential nature, but is invested by the law with certain of the characteristics and features of real property. Heirlooms. tomb- stones, monuments m a church, and Litle deeds to an estate are of this nature. 2 Bl. Comm. 428: 3 Barn. & Adol. 174: 4 Bing. 106‘ l\Iiller v. Worrsll, 62 N. J. E . 776. 43 All 586, 90 Am. St Rep. 480: Minot v. Thompson. 106 Mass. 585.—Pei-sonnl property. Property of a personal or morabie nature, as opposed to property of a local or immovable character. (such as land or houses,) the Iattsr being _ealled “real property." This term is also applied to the rig.-ght or interest less than a freehold which a man has in realty. Boyd v. Selma. 9!} Ala. 144. 11 South. 393, 16 L. R. A. 7'2‘): v. I '-Ickett. 7 Cal. ' . Y. 24; Bellows v. Allen, 22 Vt. 108; In re Brut-kman.’s Estats, 195 Pa. 363. 45 At]. 1078; Atianta v. Chattanooga Foundry & Pipe 0)., (C. C.) 101 Fed. 907. That kind of property which nsually consists of things temporary and movable, but Includes all subjects of property not of a freehold nature, nor flescendible to the heirs at law. 2 Kent, Comm. 340. Personal prop- erty ls divisible into 1) corporeal personal prop- erty, which inciudes movable and tannible things. such as animals, ships. furniture. mer- chandise, etc.: and (2) incorporeal personal property, w h consists of such rights as personal annuities, stocks. shares. patents, and copy- rights. SWeet.—Px-ivnte property, as protected from being taken for public uses, is such property as belongs absolutely to an Individ- ual, and of which he has the exclusive right of disposition; property of a specific. fixed and tangible nature, capable of being: had in possession and transniitted to another. such as houses. lands, and chattels. Ilomochitto River Com'rs v. Withers. 29 Miss. 21. 64 Am. Dec. 126: Scranton v. Wheeler. 179 U. S. 141. 21 Sup. Ct. 48. 45 L. Ed. 126.—P1-ope:-ty tux. In English law, this is understood to be an icnome tax payable in respect to landed property. In America, it is a tax imposed on propertv. whether real or personal, as ilistinsmished from poll taxes, and taxes on succcssiuns. transfers and occupations, and from license taxes. See 11 rrett v. St. Louis, 25 M0. 510. 69 Am. Dec. 4 . In re Swift's Estate, 137 N. Y. 77. 33 N. E. 1098, I8 L. R. A. 709: Ilnhr v. Gray, SO i\Id. 274 30 At]. 632.—PIil:alie property. This term is cnmmoniy nscd as a (lesignation of those tbings which are public-i iuris, (q. 1)..) and therefore considered as being owned by “the public." the entire state or community, and not restricted to the dominion of a private person. It may also apply to any subject of property owned by a state, nation, or municipal corporation as snch.—Qnalified property. Property in chattels which is not in its nature perma-

956

PROPIOB

nent._ but may at some times subsist and not at other times; such for exziniple, as the prop- erty a man may have in wiid animals which he has caught and keeps, and uiuch s.re his only. so long as he retains possession of them. 2 BL Comm. 3S9.—Real property. A general term for hands. tenements, and hereditztments: prop- erty wlueh, up the death of the owner inlounla. passes to his heir. ReaJ property is either corporeal or incoi-poreal. See Code N. Y. § 462- Sepnrate property. The separate pI'0[J(.CJ of a married woman is that wluch she owns in her own right. Wlllfh is liable only for her mu: debts, and which she can incumber and dispose of at her own wil1.—Specis1 property. Prop- crty of a quniified, temporni v, or limited nature; as distinguished from absolute, general, or ucnonditional property. Such is the property of a bailee in the article bailed, of a sherili in goods tcn1pororiIv in his hands under a levy. of the finder of iosl: goods Vllllllz iouking for the owner, of a erson in wild unimais \\l.IlLlJ he has caught. gliet v. Hart, 1 N. I. 2 . Moul- ton v. Witherell. 52 Me. 242; Fisendrath v. Ixnnugr. 64 liL 402; Phelps v. Peopie, ‘T2 N.

PROPINQUI ET CONSANGUINEL Lat. The nearest of kin to a deceased person.

Pr-opinquior exclnrlit propinqnnmy pr-opinqnnn remotnm; et remotin remotinrem. Co. Lltt. 10. He who is nearer excludes him who is near: he who is near. him who is remote; he who is remote. him who is remoter.

PEOPINQUITY. Kindred: parentage.

PROPIOB. SOBEINO, PROPIOR S0- {{anchor+|.|BRINA. Lat. In the civil law. The son or daughter or a great-uncle or grenbaunt. paternal or maternal. Inst. 3, 6, 3.

PROPIOS, PROPRIOS. In Spanish law. Certain portions of ground laid off and reserved when a town was founded in Span- ish America as the unaiienable property of the town, for the purpose or erecting public buiiclings. markets, etc, or to be used in any other way. under the direction of the munic- ipality, for the advancement of the revenues or the prosperity of the place. 12 Pet 4-12, note.

Thus, there are salares, or house lots or Ii small size, upon which dwellings, shops, stores, etc., are to be buiit. There are enertes, or sowing grounds of a larger size, for cultivating or planting; as gardens, vino- yurds. orchards, etc. There are ejidos. which are quite well dsscrihed by our word "conimons,” and are lands used in common by the inhabitants of the place for pasture, wood. threshing ground, etc.: and particu- lar names are assigned to each, according to its particular use. Sometimes additional ejidos were allowed to be taken outside of the town limits. There are also propias or municipal lands. from which revenues are derived to defray the expenses of the municipal administration. Hart v. Burnett, 15

Cal. 554.