Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/274

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CCUPANCY is the taking poeion of thoe things, which before belonged to nobody. This, as we have een, is the true ground and foundation of all property, or of holding thoe things in everalty, which by the law of nature, unqualified by that of ociety, were common to all mankind. But, when once it was agreed that every thing capable of ownerhip hould have an owner, natural reaon uggeted, that he who could firt declare his intention of appropriating any thing to his own ue, and, in conequence of uch intention, actually took it into poeion, hould thereby gain the abolute property of it; according to that rule of the law of nations, recognized by the laws of Rome, quod nullius et, id ratione naturali occupanti conceditur.

right of occupancy, o far as it concerns real property, (for of peronal chattels I am not in this place to peak) hath been confined by the laws of England within a very narrow compas; and was extended only to a ingle intance: namely, where a man was tenant pur auter vie, or had an etate granted to himelf only (without mentioning his heirs) for the life of another man, and died during the life of cetuy que vie, or him by whoe life it was holden: in this cae he, that could firt enter on the land, might lawfully retain the poeion o long as cetuy que vie lived, by right of occupancy. Rh