An indenture for an apprentice to learn the art of blowing and finishing glass, wherein the matter agrees to pay the apprentice a certain fum per week to An indenture of apprenticeship to a mariner, the apprentice to go in fuch fhips Between a merchant and his apprentice's father. The father covenants for his An indenture of apprenticeship to two merchants, partners, to go beyond That an apprentice shall be at his liberty to leave his master at the end of five years, and the mafter to make him free notwithstanding his indentures of That if an apprentice has not his health, he fhall be at liberty to come away from his matter, and the indentures to be cancelled. Between a father and master to find an apprentice cloaths, and to return part of the money if he dies in a certain time. Between the father of an apprentice and the mafter, (a merchant,) that after ib. That an apprentice fhall have liberty to occupy a flock of his own for the re- fidue of his term, as a recompence for his good fervices. Between a mother and a merchant, whereby in confideration of a fum paid he agrees to take her fon as fervant for feven years in a factory, with proper Between the mafter of a fhip and a furgeon for a voyage. For F. G. to go to Virginia, and there to practife phyfic and furgery, and to pay G. S. one half of his gains, and G. S. to find medicines, inftru- Between a purfer and his fervant, and his fervant's mother, whereby the mo- ther covenants that her fon fhall ferve, and account for what is committed to his care, and the purfer covenants to find him cloaths, and teach him na- Between a mafter and a fervant, wherein a third perfon covenants for the faith- ful fervice for a certain number of years; the matter to put away the fer- vant before the end of the term, if he fhall think fit. Between a mafter and a fervant for the management of a farm. An agreement for building a house according to a plan annexed, and with fuck aterials as fhall be found the builder by the owner of the houfe. 643 Agree ent for taking down an old house and building a new one, the builder To pu down an old farm house and build a new one, and to build a cellar, pantry and brewhoufe, with rooms over, pursuant to a plan annexed, with good defcriptions as to every particular part of the buildings; the money to to be paid at different times as the work is done, with a special agreement, to have the old materials, and ufe fuch as are found and good. Page 645 Another, with different deferiptions for the building a grander house in a town. 647 For leafing old houfes to be pulled down, and new ones to be built, of which leafes are to be granted as foon as built. Security to be given on pulling each old houfe down, that a new one fhall be built agreeable to a grant from the crown, which after a cenain time is to be renewed, and a further term granted to the builder. 651 By a carpenter and a bricklayer for erecting a new building in London fince the great fire, according to the act of parliament for re-building London. 654 Another for building houses to make a new fireet in Londen, pursuant to act of parliament. 657 That on finishing the building of two houfes, to grant a leafe of a piece of ground, and the builder is to lay out in fuch building a certain fum, of which he is to produce a juft account. 660 Articles of agreement touching building a work-fhop over coach-houfes belonging to an inn, with a life of the faid fhop and liberty of ingrefs, and a covenant for a farther term, if the letfor obtains a new leafe. For building a new court in one of the Inns of Court. 661 664 To take down the front of a houfe and build a new one, and to do other repairs. 668 Granting liberty to build an oven, with a provifo to pull the fame down on notice for that purpose to be given. 669 To keep the garden and the pales, &c. in a fquare in repair. To indemnify a perfon who had employed a bricklayer to build a houfe from being charged with other workmens bills. 670 For performing bricklayers and tilers work in building a house. 673 ib. For making of bricks (to be made at a certain price, and delivered at a certain time) towards fin:fbing of buildngs. 6:4 Between a malter fhipwright and his workmen for building a new fhip, purluant to articles of agreement between the matter fhipwright and the merchant or owner, 675 For fale of feveral parts of a fhip, and painting the fame, and that the purchafer will accept a bargain and fale of the remaining parts at fuch a price, if executed by fuch a time. 696 For fale of a new fhip, and for finishing the hull and launching the fame, &c. from the hipwright to the purchafer. To go, fet up and build a barge beyond fea. Concerning the digging and making a river navigable. per week. 677 6-8 679 For an Indian fervant to ferve another perfon to dive, to recover a wreck, and do other business at To engrave a fet of cuts for a book. For making a quantity of fhoes. Agreement to regulate Meafures. 680 681 ib. per annum. 682 Articles between glue-men touching the fize of a basket for the meafure of chippings, &c. 683 Agreements chant. Agreements concerning Ships. Agreement for freight to a place, between the mafter of a fhip and a merPage 685 For freight to a place, between one that has a charter-party for a certain number of tons to a merchant for part of that number. 686 For freight of timber, purluant to an agreement with the commiffioners of the navy. For freight from a place. For freight if the merchant procures the mafter a paffport, and to feal a charter-party. ib. For freight of goods to a place, and the mafter to fell them for the purchase of other goods, which he is to bring home. 688 689 690 ib. Another. For freight from a place between two freighters and a merchant for two feveral numbers of tons. Another. For tonage on a fhip's returning home. For freight lafts of pot-afhes from D. 691 692 ib. 693 For freight from a place, (the fhip to fail with a convoy) and to feal a charter party. ib. Partof among merchants, freighters of a fhip for their factors buying and fitting up, and lading the ship. Agrement between feveral tenants who had been ferved with declarations in ejectment for non-payment of ground rent, to depofit their proportious in the tenant's hands, that he may pay the faid rent to prevent future eject ments. 696 About bearing equal charges in a law-fuit to be brought for the recovery of 698 an eftate. Agreement to fettle two houfes in London to feveral uses, if they be recovered at law, and to pay charges. ́ ib. 701 Between two affignees of a commiffion of bankruptcy to bear the expences of feveral fuits pro et con. in proportion to their refpective debts. Articles of, to pay a proportionable part of the costs in an action of ejectment, according to the value of each tenant's lands. Between watermen to pay a penny a piece per week into a perfon's hands to defray expences of profecuting hoymen obftructing and damaging their boats 702 704 To redress abufes in the making and dealing in butter, and for raifing and depofiting money for profecuting offenders. 706 To To end fuits by conveying feveral manors, &c. to trustees to make fale thereof for payment of debts, and the profits of the premiffes before fale to be received by trustees for payment of the intereft of the debts, and for fettling fuch lands as fhall remain after the debts paid, as alfo of other lands to feveral ufcs, and for building a capital meffuage, with power to make leafes for years or lives as tenants in tail have by law. Page 708 For ending and concluding all matters of accounts and differences in a caufe in chancery, with covenants for payment of money, fealing of leafes, and vacating a recognizance given to abide by the accounts to be taken by a mafter. 714 To end a fuit in chancery (brought in purfuance to a claim by various fettlements, &c. in which an iffue at law was directed to try the legitimacy of one of the parties) whereby the premiffes in queftion are fettled, and an act of parliament covenanted to be procured for confirmation. 716 To end fuits, an ejectment having been brought by a widow for her jointure made by her husband by a fettlement in purfuance of his father's will, the premiffes are fold, and the bargainee in poffeffion; an ejectment brought and verdict therein, an order of affize, judges divided, a further debate, judgment for the plaintiff, error brought, judgment affirmed, a bill in chancery and injunétion, anfwer, injunction diffolved, and the jointure and marriage proved; after which the parties agree as to the charges and fettling the eftate, &c. 721 Between a father and his inteflate fon's widow, (where the father had entered a caveat to prevent her administration) where the father is to have his fon's cloaths and money, if the widow be not brought to bed in a limited time. 727 Articles of, to end differences about watering of meadows and keeping of flood-hatches. 729 Agreement for laying in water in a county town, and to pay for the same. Agreement for providing a fubfcription plate to be run for. 730 732 INTRODUCTION. INTRODUCTION. Of Things, and the Rights therein. HE Foundation of property is Occupancy, which may be Tdivided into Natural Occupancy, and Civil Occupancy. Natural Occupancy is founded upon a corporal poffeffion only, and is the confequence of a corporal act; namely, the act of taking poffeffion of any external thing which lies in common, and to which no man has a better right, unless by virtue of fome act of his own he appropriate it to his own ufe exclufively, than every man had, antecedent to fuch appropriation. Property therefore, taken in its fimple and natural fenfe, is the right which a man procures to himself, in certain external things by the act of taking poffeffion only, which is fuppofed to have been attended with fome bodily labour. Bat this kind of title by occupancy, not being adequate to the general purposes of mankind, in the ufe of things capable of ownership, in a state of fociety; occupancy has been enlarged and extended beyond the duration to which it was naturally limited, namely, the continuation of adual corporal poffeffion, and ufe; by the introduction of a virtual or ideal poffeffion, exifting in the contemplation of the mind alone (a). Occupancy, thus extended, I diftinguish by the name of Civi. Occupancy: which is the occupancy of external things, according to thofe rules that every diftinct fociety or nation has, by confent or agreement among its members or people, established (by proper laws) to guide and determine mens interefts in all things, admitted by the laws of each particular ftate to be capable of ownership. (b) (1) Poffeffionum, alia civilis, quæ animo tantum retinetur; et alia raturals, que folo corpore. Fleia, Lib. 3. cap. 15. fol. 200. (5) In England wild beafts, fowls in the air, fifhes in the fea, beasts upon the earth, and generally all fowl of warren, pheefants, parfridges, deers, conies, hares and fuch like are not fubjects of property until tamed, and then only fo long as in poffeffion. Finch's Law, 176. So it is of treafure trove, eftray, goods wrecked, &c. Ibid. VOL. I. B Things, |