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Occupancy
OccupancyThe taking possession of those things corporeal which are without an owner, with an intention of appropriating them to one's own use. Pothier defines it to be the title by which one acquires property in a thing which belongs to nobody, by taking possession of it, with design of acquiring. RELATED TERMS-------------------------------------- Taking 1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny. Possession International law. By possession is meant a country which is held by no other title than mere conquest. Things By this word is understood every object, except man, which may become an active subject of right. Code du Canton de Berne, art. 332. In this sense it is opposed, in the language of the law, to the word persons. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Owner Property. The owner is he who has dominion of a thing real or person-al, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right. Intention A design, resolve, or determination of the mind. Use 1) Estates. A confidence reposed in another, who was made tenant of the land or terre tenant, that he should dispose of the land according to the intention of the cestui que use, or him to whose use it was granted, and suffer him to take the profits. 2) Civil law. A right of receiving so much of the natural profits of a thing as is necessary to daily sustenance; it differs from usufruct, which is a right not only to use but to enjoy. Title 1) Estates. A title is defined by Lord Coke to be the means whereby the owner of lands hath the just possession of his property. 2) Legislation That part of an act of the legislature by which it is known, and distinguished from other acts the name of the act. 3) Rights. The name of a newwpaper a book, and the like. Property Property is commonly thought of as a thing which belongs to someone and over which a person has total control. But, legally, it is more properly defined as a collection of legal rights over a thing. These rights are usually total and fully enforceable by the state or the owner against others. It has been said that "property and law were born and die together. Before laws were made there was no property. Take away laws and property ceases." before laws were written and enforced, property had no relevance. Possession was all that mattered. There are many classifications of property, the most common being between real property or immoveable property (real estate such as land or buildings) and "chattel", or "moveable" (things which are not attached to the land such as a bicycle, a car or a hammer) and between public (property belonging to everybody or to the state) and private property. SIMILAR TERMS-------------------------------------- Occupant Occupant or occupier. One who has the actual use or possession of a thing. He derives his title of occupancy either by taking possession of a thing without an owner, or by purchase, or gift of the thing from the owner, or it descends to him by due course of law. Occupation 1) Use or tenure; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of a printer. Occupancy. 2) In another sense occupation signifies a putting out of a man's freehold in time of war. Occupational safety and health act (OSHA) A federal law designed to develop and promote occupational safety and health standards. Occupational safety and health review commission The agency established by OSHA to adjudicate enforcement actions under the Act. Occupavit The name of a writ, which lies to recover the possession of lands, when they have been taken from the possession of the owner by occupation. Occupier Occupier or occupant. One who has the actual use or possession of a thing. He derives his title of occupancy either by taking possession of a thing without an owner, or by purchase, or gift of the thing from the owner, or it descends to him by due course of law. PREVIOUS AND NEXT TERMS-------------------------------------- Obsolescence One of the causes of depreciation: an impairment of desirability and usefulness caused by new inventions, current changes in design, improved processes of production, or external factors that make a property less desirable and valuable for a continued use. Obsolete This term is applied to those laws which have lost their efficacy, without being repealed. Obstructing justice An act which tends to impede or thwart the administration of justice. Examples include trying to bribe a witness or juror or providing law enforcement officers with information known to be false. Obstructing process Criminal law. The act by which one or more persons at- tempt to prevent, or do prevent, the execution of lawful process. Obstruction of justice Impeding a lawful Investigation by such acts as providing false documents, false testimony, destruction of evidence, and intimidating witnesses. Occupancy Occupant Occupant or occupier. One who has the actual use or possession of a thing. He derives his title of occupancy either by taking possession of a thing without an owner, or by purchase, or gift of the thing from the owner, or it descends to him by due course of law. Occupation 1) Use or tenure; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of a printer. Occupancy. 2) In another sense occupation signifies a putting out of a man's freehold in time of war. Occupational safety and health act (OSHA) A federal law designed to develop and promote occupational safety and health standards. Occupational safety and health review commission The agency established by OSHA to adjudicate enforcement actions under the Act. Occupavit The name of a writ, which lies to recover the possession of lands, when they have been taken from the possession of the owner by occupation. We thank you for using the Juridical Dictionary to search for Occupancy. If you have a better definition for Occupancy than the one presented here, please let us know by making use of the suggest a term option. This definition of Occupancy may be disputed by other professionals. Our attempt is to provide easy definitions on Occupancy and any other medical topic for the public at large.
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