Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/418

 402 ƒ⅔port, and have continued a night intra praeidia, in a place of afe cutody, o that all hope of recovering them is lot.

, as in the goods of an enemy, o alo in his peron, a man may acquire a ort of qualified property, by taking him a prioner in war ; at leat till his ranom be paid. And this doctrine eems to have been extended to negro-ervants, who are purchaed, when captives, of the nations with whom they are at war, and continue therefore in ome degree the property of their maters who buy them : though, accurately peaking, that pro- perty conits rather in the perpetual ervice, than in the body or peron of the captive. ,

2. Thus again, whatever moveables are found upon the urface of the earth, or in the ea, and are unclaimed by any owner, are uppofed to be abandoned by the lat proprietor; and, as uch, are returned into the common tock and mas of things : and therefore they belong, as in a tate of nature, to the firt occupant or fortunate finder, unles they fall within the decription of waifs, or etrays, or wreck, or hidden treaure ; for thee we have formerly een are veted by law in the king, and form a part of the ordinary revenue of the crown.

3. Thus too the benefit of the elements, the light, the air, and the water, can only be appropriated by occupancy. If I have an antient window overlooking my neighbour's ground, he may not ered: any blind to obtruct: the light : but if I build my houe cloe to his wall, which darkens it, I cannot compel him to demolih his wall ; for there the firt occupancy is rather in him, than in me. If my neighbour makes a tan-yard, o as to annoy and