im is specially conducive to the security of right and title?

7. What maxim applies where public interests and private rights conflict?

8. Of what does personal usually consist?

9. What is the particular division between personal and real property?

10. What kind of property took up most of the jurisprudence of the Middle Ages?

11. What does the term chattel include?

12. What is meant by fixtures?

13. Between what three classes of persons is the law of fixtures often called in question? What is an absolute right to property, and what a qualified right?

14. In what different ways may personal property be held by two or more persons?

15. In what three ways may title to personal property accrue ?

16. What is the first form of original acquisition?

17. Give examples of original acquisition by accession?

18. What products of intellectual labor come under the head of original acquisition?

19. What is a patent?

20. What kind of property is a patentright, and is it assignable ?

21. What is a copyright and what subject does it embrace?

Notes, Readings, and References.

With this number we enter upon the subject of personal property, that is treated by our author under the following heads:

History, progress, and absolute rights of property.

Nature and kinds of personal property.

Principal and agent.

Maritime law-Partnership-Negotiable Paper-Title to merchant vessels-Persons employed in navigation -Affreightment-Marine InsuranceMaritime loans Insurance of lives and against fire. This enumeration will give the student an idea of the comprehensiveness of the subject, covering as it does about 700 pages of our text.

Gibbon, in vol. iv, page 355, says: "The original right of property can only be justified by the accident of merit or prior occupancy; and on this foundation it is wisely established by the philosophy of the civilians. The savage who hollows a tree, inserts a sharp stone into a wooden handle, or applies a string to an elastic branch, becomes in a state of nature the just proprietor of the canoe, the bow or the hatchet. The materials were common to all, the new form, the produce of his time and simple industry, belongs solely to himself. His hungry brethren cannot, without a sense of their own injustice, extort from the hunter the game of the forest overtaken or slain by his personal strength and dexterity. If his provident care preserves and multiplies the tame animals, whose nature is tractable to the arts of education, he acquires a perpetual title to the use and service of their numerous progeny, which derives its existence from him alone. If he incloses and cultivates a field for their sustenance and his own, a barren waste is converted into fertile soil; the end, the manner, the labor, create a new value, and the rewards of harvest are painfully earned by the fatigues of the revolving year. In the successive states of society, the hunter,

the shepherd, the husbandman, may defend their possessions by two reasons which forcibly appeal to the feelings of the human mind; that whatever they enjoy is the fruit of their own industry; and that every man who envies their felicity, may purchase similar acquisitions by the exercise of similar diligence."

Blackstone, Book ii, chap. i. Of property in general. "There is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property: or that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe." * * * “ In the beginning of the world, we are informed by Holy Writ, the all-bountiful Creator gave to man 'dominion over all the earth, and over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth.' This is the only true and solid foundation of man's dominion over external things, whatever airy metaphysical notions may have been started by fanciful writers upon this subject. The earth therefore and all things therein are the general

property of all mankind, exclusive of other beings, from the immediate gift of the Creator. And while the earth continued bare of inhabitants it is reasonable to suppose that all was in common among them, and that every one took from the public stock to his own use such things as his immediate necessities required.

"These general notions of property were then sufficient to answer all the purposes of human life; and might perhaps still have answered them had it been possible for mankind to have remained in a state of primeval simplicity: *** but when mankind increased in number, craft, and ambition, it became necessary to entertain conceptions of more permanent dominion, and to appropriate to individuals not the immediate use only, but the very substance of the thing to be used."

Note. It will repay the student to look over the above chapter of Blackstone, and to bring to his aid all the studies he can upon the subject of property now at the outset of his work on this branch of the law. Such works as Maine's Ancient Law and Early Law and Customs.

T. ELLIOTT PATTERSON,