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son from obtaining work or employment, or cheat and defraud such person, in its primacontinuing in his said work and employment, ry meaning, as given by Webster, is to get is synonymous with "continue.” The two hold of by effort. There is a difference bewords convey a conjunctive, and not a dis- tween frauds which are perpetrated by means junctive, meaning. Any other signification of the abuse of the forms of legitimate comthan that the conspiracy was to prevent the mercial transactions, and those which conperson from having employment would be sist of personations and so-called confidence forced and unnatural. State v. Dyer, 32 Atl. games and tricks. In either case, and by $14, 818, 67 Vt. 690.

whatever means accomplished, the crime con

sists in the obtaining of the property; getting As issuance of patent.

hold of the property. That is the corpus de "Obtain," as used in St. 5 & 6 Wm. IV, licti. In this case, the goods not being dec. 83, § 4, providing that "if any person who livered to defendants, they were held not now hath or shall hereafter obtain any let- to have obtained them. Ex parte Parker, 9 ters patent as aforesaid, shall advertise,” N. W. 33, 34, 11 Neb. 309. etc., on petition the crown may grant an extension of the patent, means to become pos

Retention. sessed of it either by original grant, by as An indictment for conspiracy to obtain signment, or by any other title, and does not from the Ansonia Clock Company, by false refer solely to those originally had from the pretenses, money, etc., is not sustained by

Russell v. Ledsam, 14 Mees. & W. proof that the accused was an agent of the 573, 588.

clock company, and as such collected money "Obtained,” as used in St. 5 & 6 Wm. iv, belonging to it, which he retained, and, by C. 83, § 1, authorizing any person who, as

falsification of his accounts, concealed the grantee, assignee, or otherwise, "hath ob- fact of such retention. The word “obtain," tained" letters patent for using an invention, in the statute and in the indictment, is not to disclaim any part of the title of such in- used in any antiquated and obsolete sense, vention or of the specification, means only but in its ordinary and popular signification, the party who obtains letters patent from as an active verb, meaning to acquire. Watthe crown, not simply one who has posses- son v. People, 27 Ill. App. 493, 497. sion of them by assignment or otherwise. Spillsbury v. Clough, 2 Q. B. 466, 471.

OBVIOUS. As obtaining in person.

Giving a copy of the writ to one of deCode, $ 4370, declaring that any person fendant's negro servants in the piazza of his who by any false pretense obtains from an- ! dwelling house is a good service, under a other any money, etc., is not limited in its statute requiring it to be left at some "obmeaning to an obtaining in person by the ac- vious" part of the house. Bowers v. Alsten's cused, but money paid to another at his re Ex'rs (S. C.) 1 Nott & McC. 458. quest is obtained, within the meaning of the

"Obvious" is defined as meaning readily statute. Sandy v. State, 60 Ala. 58, 60.

perceived by the eye. In an action for in"Obtains," as used in Comp. Laws 1879, juries alleged to have been caused by the p. 339, c. 31, $ 94, providing for the punish- absence of lights at an excavation in a street, ment of any one obtaining money by false a charge that, to render defendant free from pretenses, means getting possession of some negligence, the lights must have been such thing purposely by effort; that is, by false that the ditch could have been readily seen, pretense. It is not alleged that money was was equivalent to an instruction that the obtained when it is said that, upon false lights should have been sufficient to make the representations and pretenses, certain liens excavation obvious. Missouri, K. &T R. Co. and incumbrances were paid. State v. Lewis, v. Johnson, 67 S. W. 768, 769, 771, 95 Tex. 26 Kan. 123, 129.



Where the defendant in an action for a As used in an information charging that malicious prosecution claimed that, in order defendant obtained complainant's signature

to entitle plaintiff to a recovery, the malice by fraud, "obtain” means to get hold of, to of the defendant and the innocence of the get possession of, or to acquire, and hence plaintiff must be obvious to the jury, and includes the idea of delivery, so that an al- prayed the court so to instruct them, which legation of the delivery of the note contain- sion was no ground for a new trial, the in

was not done, it was held that such omising the signature was not necessary. People struction shown not being sufficiently pre v. Kinney, 67 N. W. 1089, 1090, 110 Mich. 97. cise and definite; the court saying: “The

"Obtain,” as used in a statute providing word ‘obvious' might have received different for the punishment of any person who by interpretations by different jurors. Some of false pretense or pretenses shall obtain from them might have supposed it meant the any other person any money, goods, merchan- highest attainable certainty; others, that it dise, or effects whatever, with intent to was to be understood to mean absolute cer


tainty; and others might suppose it meant, personal injury action against a railroad, reasonable certainty." Stone y. Stevens, 12 charge that "the only question, 80 far Conn. 219, 229, 30 Am. Dec. 611.

the negligence of the defendant was con

cerned, was, was the brake defective, out of OBVIOUS RISKS.

order, not in reasonable repair, not reason

able for the occasion ?" correctly used the The phrase "obvious risk," in an acci- word in either sense. Mackey v. Baltimore dent policy excepting an insurer from lia- & P. R. Co. 19 D. C. 282, 301. bility in case injuries result from exposure to an obvious risk, includes not only a risk

The use of the word “occasion” in the which may be readily perceived by the eye report of the viewers of a private road, that or senses, but one also that may be perceived there is occasion for it,” is a sufficient comby the intellect. Small v. Travelers' Protec pliance with the statute requiring them to tive Ass'n of America, 45 8. E. 706, 708, 118 report whether it is necessary, for, though Ga. 900, 63 L. R. A. 510.

mere convenience is perhaps not sufficient

to authorize such road, the report is never The obvious dangers of an employment drawn with the precision of an indictment, are those which are apparent. They are the and, in the apprehension of the mass, the apparent risks of the work. They are the terms “necessaryand “occasion" are conrisks which are apparent in the exercise of vertible. In re Pocopson Road, 16 Pa. (4 ordinary observation, and which are dis- Harris) 15, 17. closed by the use of the eyes and other senses. If the servant fails to observe what

Where the husband, without further conis obvious, and suffers, he cannot charge the sideration, conveyed land in trust that it consequences on his master. The risk SO

should be conveyed to his wife, and the taken is impliedly assumed by him. Dillen- trustee, without consideration, conveyed it berger v. Weingartner, 45 Atl. 638, 640, 64 N. to the wife accordingly, the conveyance to J. Law, 292; Foley v. Jersey City Electric the wife was occasioned by a payment or Light Co., 54 N. J. Law, 411, 24 Atl. 487; pledge of the property of the husband, withChandler v. Atlantic Coast Electric Ry. Co., in the meaning of those terms as used in 39 Atl. 674, 61 N. J. Law, 380.

the statute providing that every married

woman shall hold to her own use, and free In an action for an injury to a servant from the control of her husband, the propwhile operating a machine, in which defend- erty inherited by her, provided the conveyant contended the plaintiff had assumed the ance or bequest is not occasioned by payment risk, it was said that risks which are inci. or pledge of the property of the husband. dent to the business must not be confounded Vogt v. Ticknor, 48 N. H. 242. with such as are denominated obvious. “The former sort comprises those which accom- As directly or indirectly causo. pany or arise from the natural or usual method of conducting the particular busi

Webster defines an occasion, as disness, and has more special relation to perils unguished from a cause, to be that which which attend the business generally, while incidentally brings to pass an event, without the latter includes such as are manifest to being itself efficient cause or sufficient reathe sense of observation, open, and readily

Pennsylvania Co. Congdon, 33 N. discernible, whether they arise from the na

E. 795, 796, 134 Ind. 226, 39 Am. St. Rep. 251. ture of the business, the particular manner

The word “occasioned," as used in an in which it is conducted, or the use of de instruction in an action for injuries that, if fective or unsafe appliances.” Stager v. Troy the jury could find the injuries were occaLaundry Co., 63 Pac. 645, 647, 38 Or. 480, 53 sioned by the negligence of the defendant, L R. A. 459.

they should find for the plaintiff, is used as Under an accident insurance policy pro- a synonym of "caused,” and the jury would viding that it should be void if the accident not be misled thereby. Union Gold Min. Co. occurred from voluntary or unnecessary ex

V. Crawford, 69 Pac. 600, 603, 29 Colo. 511. posure to danger or to obvious risk of injury, it is held that jumping from a moving train

Where injunctions caused delay, and after it had passed a station was an ex

the delay resulted in loss, the loss was ocposure to obvious risk of injury, within the casioned by the injunctions, though they meaning of the policy. Smith v. Preferred might not be the direct cause of the loss. Mut. Acc. Ass’n, 104 Mich. 634, 635, 62 N. W. Meysenberg v. Schlieper, 48 Mo. 426, 434. 990.

The statute giving a right of action for

all damages occasioned by laying out, makOCCASION.

ing, and maintaining a railroad, etc., refers to

any damage which may be directly or indi. See "Solemn Occasion."

rectly caused by the railroad. Parker v. Bos

ton & M. R. Co., 57 Mass. (3 Cush.) 107, 50 The word "occasion" signifies necessity Am. Dec. 709; Rand v. City of Boston, 41 or need as well as a particular time. In a N. E. 485, 487, 164 Mass. 354.


The word "occasioned," in a statute im "Occupancy is the taking possession of posing a liability for damages occasioned by those things which before belonged to nothe failure of a railroad to construct and body. Whatever movables are found upon maintain a fence, means occasioned by that the surface of the earth or in the sea, and oniy, and therefore the contributory negli- are unclaimed by any owner, are supposed to gence of one allowing his stock to go on the be abandoned by the last proprietor, and as track is a defense to an action against a such are returned to the common stock and railroad for violation of the statute. “Of mass of things, and therefore they belong, course, the want of a fence cannot cause in- as in a state of nature, to the first occupant jury, but it gives occasion to the injury; or finder." An aërolite falling upon land causes it incidentally. The word was appar- cannot be acquired by occupancy, but be ently used in one sense of 'caused,' and ac comes a part of the soil. Goddard v. Win curately used. Dr. Johnson's first definition chell, 52 N. W. 1124, 86 Iowa, 71, 17 L. R. of the verb 'to occasion' is to cause occasion. A. 788, 41 Am. St. Rep. 481. ally; his second, simply to cause. Dr. Webster's is not substantially different-to give

Puffendorf, lib. 4, c. 6, 88 2, 10, defines occasion to; to cause incidentally; to cause.

occupancy of beasts feræ naturæ to be the Mr. Crabb appears to give a like construc actual corporeal possession of them; and tion to the word: 'What is caused, seems Bynkershock is cited as coinciding in this to follow naturally; what is occasioned, fol- definition. Barneyrac, in his notes on Puflows incidentally.'" Curry v. Chicago & N. fendorf, does not accede to the definition of W. Ry. Co., 43 Wis. 665, 676.

occupancy by the latter, but, on the contrary,

affirms that actual bodily seizure is not in all OCCASION OF PRIVILEGE.

cases necessary to constitute possession of

wild animals. He does not, however, deSee "Privileged Occasion."

scribe the acts which, according to his ideas,

will amount to an appropriation of such OCCASIONAL WEIGHER.

animals to private use so as to exclude the Where one was employed by the cus-claims of all other persons by title or octomhouse officials as an "occasional weigh- cupancy to the same animals, and he is far er,” and paid as such, the officials must have from averring that pursuit alone is sufficient

for that purpose. meant by the use of such term that the em

Actual bodily seizure is ployé's position was to be a different one

not indispensable to acquire a right to, or from that of customhouse weigher, within possession of, wild beasts. On the contrary, the meaning of Act July 28, 1866, fixing the the mortal wounding of such a beast by one salary of customhouse weighers.

not abandoning his pursuit may with the ut

Pray v. United States, 14 Ct. Cl. 256, 262.

most propriety be deemed possession of him, since thereby the pursuer manifests an un

equivocal intention of appropriating the aniOCCUPANCY.

mal to his individual use, has deprived him

of his natural liberty, and brought him In relation to building in insurance, see within his certain control. So, also, encom"Vacant"; "Unoccupied."

passing and securing such animals with nets “ 'Occupancy' is defined by Blackstone and toils, or otherwise intercepting them so as the taking possession of those things as to deprive them of their natural liberty which before belonged to nobody, and mov. and render escape impossible, may justly be ables found on the surface of the earth or deemed to give possession of them to those in the sea, and unclaimed by any owner, are persons who by their industry and labor supposed to be abandoned by the last pro

have used such means of apprehending them. prietor, and, as such, are returned into the But the mere pursuit of a fox by a hunter common stock and mass of things, and there with his dogs is not such possession or ocfore they belong, as in a state of nature, to cupancy as gives such hunter a right to the the first occupant or founder.” Goodard fox as against another who killed it and Winchell, 52 N. W. 1124, 86 Iowa, 71, 17 L.

took it away. Pierson v. Post (N. Y.) 3 R. A. 788, 41 Am. St. Rep. 481; Peabody v. Caines, 175, 177, 178, 2 Am. Dec. 264. Proceeds of Twenty-Eight Bags of Cotton (U. S.) 19 Fed. Cas. 39, 43.

"Occupancy" means possession, and may

be used with reference to personal property Occupancy is a mode of acquiring prop- as well as real estate. Herman v. Katz, erty by which a thing which belongs to no 47 8. W. 86, 87, 101 Tenn. 118, 41 L. R. A. body becomes the property of the person who 700. took possession of it with the intention of ac

Act Feb. 19, 1849, $ 10, authorizing a quiring a right of ownership upon it. Civ. Code La. 1900, art. 3412.

railroad company to determine and locate

its road as may be deemed expedient, except Occupation is ownership, with a preg- as to "dwelling houses in the occupancy of ent, aceive use.

New England Hospital v. the owner," means dwelling houses which City of Boston, 113 Mass. 518, 520.

are occupied in good faith by the owner.

''The Legislature meant to protect the man Neighbors frequently run up fences withwho owned bis land and occupied it in good in or beyond the boundary lines or joint faith. Their protection cannot extend to the fences with the knowledge and understandman who becomes an occupant for the mere ing that such acts are merely temporary, and purpose of defeating public improvements, or done with reference to the right of both to for the purpose of extorting excessive com- ultimately ascertain and fix the rights by an pensations." Hagner v. Pennsylvania S. v. action of boundary or by a formal legal surR. R., 25 Atl. 1082, 1084, 154 Pa. 475.

vey, and, until this happens, such land is

held in occupancy. The term “occupancy," as used in a fire 25 South. 411, 415, 51 La. Ann. 115.

Williams v. Bernstein, insurance policy, requires a living in, and not a supervision over, so that where the as.

Actual occupancy or residenco. sured, a farmer, rented his place to a tenant, and left the house four weeks before the fire,

Occupancy implies that a person is in visiting it at intervals, and removing all actual, bona fide possession of the land as the stock, but leaving most of the wearing a resident. One who has never had actual apparel and a portion of the household ar possession cannot be an occupant.

Gill v. ticles, there was no occupancy. Craig v.

Wallis (N. M.) 70 Pac. 575, 579. Springfield Fire & Marine Ins. Co., 34 Mo.

"Occupy" is to hold or keep for use, to App. 481,

possess, and to cover or fill. So to say that

one occupies or has occupied land continuOCCUPANCY -OCCUPATION-OCCUPY ously is tantamount to saying that he has (Of Land).

or has had actual possession of the same.

Hall v. Roberts (Ky.) 74 S. W. 199, 200. See "Actual Occupancy"; "Actual Occupation”; “Actually Occupy"; "Cease

The term “occupancy,” as used in the to Occupy"; "Constructive Occupancy.”

homestead exemption laws of this state, has Change in occupation, see “Change."

invariably been construed as meaning an Occupied for unlawful purpose, see “Un actual occupancy of the premises. Quehl v.

Peterson, 49 N. W. 390, 391, 47 Minn. 13. lawful Purpose." Otherwise occupied, see "Otherwise.". A will providing that the testator's wife

should hold, use, occupy, and enjoy his en"Occupy,” as used in General Indian tire estate, both real and personal, as he had Protection Act March 2, 1889 (25 Stat. 980, done before, during her natural life, means 1005), relating to the opening to settlement that she is to live on it with her children, of certain Oklahoma lands, and providing servants, and employés. Rountree v. Dixon, that, until such lands are open for settlement 11 S. E. 158, 159, 105 N. 0. 350. by proclamation of the President, no person shall be permitted to enter upon and occupy

“Occupy" as used in the possessory act the same, and no person violating such pro- (St. 1852, p. 158), relating to actions for the vision should ever be permitted to enter recovery of possession of real estate, and any of said lands or acquire any right there- providing that no person can maintain an to, are used in the ordinary sense of the action thereunder unless be occupy the land, words, and have no technical significance. is equivalent to the term "reside upon." Smith v. Townsend, 13 Sup. Ct. 634, 635, 148 Wolfskill v. Malajowich, 39 Cal. 276, 279. D. S. 490, 37 L. Ed. 533.

The term “occupy," as used in the homeOne’s occupancy of land being in its stead statutes, does not require continuous nature a continuing act, every day's oc- actual possession. In discussing the meancupancy thereof by him is, in legal contem- | ing of the term, the court says: “What is plation, a new and independent act of oc

the meaning of 'occupy,' or 'continuing to cupation, so that under Pen. Code, $ 250, occupy,' within the meaning of the Legismaking it an offense to occupy land under lature? In common parlance, and in refera forged title, knowing the same to be forged, ence to housekeeping, we at once attach the a prosecution is not barred if the accused idea of actual residence, dwelling, abiding was in possession of the land within the time on; the place of bed, board, and washingof the statute of limitations, though the oc- three acts of constant recurrence to supply cupancy was taken first prior to such time. the necessaries of life and renew the physical

This is the second sense given it by Coker v. State, 41 S. E. 684, 115 Ga. 210.

Webster, but it is used also in the sense of "Occupy,” as used in 11 Geo. III, c. 12, possess generally; and Webster also uses the § 36, relating to rates to be paid by any word ‘possess' in the same variety of senses, person who sball "inhabit, hold, occupy, be in the main, as is given to 'occupy' or 'ocin possession of, or enjoy" any lands, etc., cupancy.' Turn to 2 Bouv. Law Dict. 240, would include water or gas companies in 'Occupancy,' 336, 'Possess, and we find the respect of their pipes which are laid beneath words used and understood in the same great the soil. Reg. v. Waterworks Co., 18 Q. B. variety of senses. If a man go abroad, animo 705, 715.

revertendi, and reside for temporary pur.


poses of trade or business, he will not lose Under a statute requiring seven years' his domicile, and yet we know that the par- residence by adverse possession to give title, ty's domicile follows his actual residence. seven years' occupancy was not a bar. An So it is with foreign ministers and diplomatic occupancy may exist without a residence. agents. In contemplation of law, they con- Chiles v. Jones, 34 Ky. (4 Dana) 479, 484. tinue to occupy their mansions or dwellings in their own country, though actually resis when the lands of two persons join, and

Under Gen. St. c. 39, $ 1, providing that dent a broad for years.

A person may have a constructive possession or occupancy, and both parties shall occupy the land, it shall be

the duty of each party to build one-half of he may have a possessio pedis by tenants or actual inclosures, and, in contemplation and the line fence, the word “occupy” does not within the meaning of the law, he may have mean actual residence upon the land, but

only such occupation as makes it necessary actual possession, actual occupation, without residence.” Tumlinson v. Swinney, 22 Ark. or advantageous for the purpose thereof to

fence the land. Maudlin v. Hanscombe, 20 400, 405, 76 Am, Dec. 432.

Pac. 619, 620, 12 Colo. 204.
The occupancy contemplated by the laws

Occupation of land is a fact. The efrequiring notice to the occupant before a tax fect of it, when its nature and extent are title could exclude a redemption is consti- shown, is a matter of law; and a witness tuted by the building of a house thereon, and using it as a home. People v. Wemple, 39 may testify to the fact of occupation and its

extent, as to time and space, without stat. N. E. 397, 398, 144 N. Y. 478.

ing the particular acts of which it consists. "Occupied," as used in Laws 1849, re

Child v. Kingsbury. 46 Vt 47, 55. lating to homesteads, and exempting from execution, as such, premises occupied, means

Adverso possession distinguished. something more than what is known in law Distinguished from adverse possession, as "constructive possession,” as contradis

see "Adverse Possession." tinguished from "actual possession." It also means more than such possession as arises Constructive occupancy. where land is cultivated, or being fenced

To occupy means to take; to hold pos. and improved. It means premises which are session of; to hold or keep for use; to posused and occupied as a home; a place to sess; to use; to hold possession. The popuabide in; a place for the family. Charless lar idea of a homestead is uniformly assoV. Lamberson, 1 Iowa (1 Clarke) 435, 443, 63 ciated with that of the occupancy of the Am, Dec. 457.

place so designated, either in the past, the "Occupied,

The nature of the as used in the statute ex. present, or the future. empting every homestead owned and oc- occupancy by which land may be impressed cupied by any resident, means actual oc

with the homestead character should always cupancy; possession of the premises as a

be carefully distinguished from possession home. McConnaughy v. Baxter, 55 Ala. 379, such as may be sufficient to serve as evi382,

dence of notice of title in the owner. The

latter may be constructive, while the former "Occupied,” as used in Comp. St. p. 569, must in every instance be actual, in the sense $92, exempting from execution the home that it should not depend upon paper evistead occupied by a debtor and his family, dence, the mere erection of improvements, should be construed to require actual resi- the payment of taxes, or the exercise of perdence on the premises, and not as meaning sonal control over the property to be affected. "use, tenure, possession,” though such is the Occupancy is essential to the existence of the frequent meaning of the word. Tillotson v. homestead right, but when the premises have Millard, 7 Minn. 513, 518 (Gil. 419, 420), 82 become invested with the homestead charAm, Dec. 112.

acter, and the homestead has once been ac

quired, a constructive occupancy may be sufThough the word "occupy," applied to a ficient to retain it. Ball v. Houston, 66 Pac. house, conveys to any man the meaning of 358, 359, 11 Okl. 233. living in the house, yet, in a statement of grounds of appeal made under an act of Constructivo possession. Parliament, the word "occupy" does not mean “reside in.” Even actual occupation law relative to adverse possession, includes

The term “occupancy," as used in the would not necessarily mean residence,' be constructive possession of land adjoining a cause a man might dwell in one parish, and line acquiesced in. Child v. Kingsbury, 46 then rent a house and and in the adjoining

Vt, 47, 55. one, occupying it by his servant. Some other words, therefore, are necessary to show resi- Occupied," as used in a notice to terdence. Per Patteson, J. A man may occupy minate a lease as provided by Rev. St. c. 80, either land or dwelling house without re $ 10, which notice spoke of “the premises siding. Per Whitman, J. Reg. v. West Rid- now occupied by you” (referring to the preming Justices, 2 Q. B. 705, 711.

ises occupied by the lessor), is used in the

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