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Right

rights, property, person and action

RIGHT, in legal language, is that kind of interest or connection with a subject-matter which serves as a foundation for an action or suit, or other protection of a court of law or equity; and hence it means an interest that can be enforced, for if it is such as a court of law or equity cannot take. notice of, it may be called a natural or moral, hut it is not a legal right. Strictly speaking, right merely means a relation between external nature and some person or other, and therefore there is no such thing as abstract riglIts, for a right is only intelligible when predicated of some person who can exercise or enforce it. There is an old practical division of all rights into rights of the person end rights of things. In the former class are included such divisions as rights of 7.ersonal security and liberty; rights connected with marriage, infancy, etc.; in toe .latter class are included the general rights arising out of the possession of real perpanal property. There are various subjects which do not fall under either division el,clusively; indeed, none of the usual divisions of rights can be said to be more than vnguely descriptive of their subjects.. It might naturally be expected that the correlsoive legal expression for rights should be wrongs, but this is not the case, the word wreng being used technically to mean only that class of infringements of one's rights which are connected with the person or the personal use of property. Thus, the refusing or withholding payment of

a debt is not correctly called a legal wrong; but an assault cr injury to one's person, or to one's property, iinaspective of any contract, is properly called a wrong or a tort.' The word right is also used, more or less technically, in a narrower sense. An action called a writ of right had for its object to establish the title to real property; but it was abol ished, the same object being secured by the order of ejectment. A petition of right is a proceeding resembling an action by which a subject vindicates his rights against the crown, and recovers debts and claims, the first step being a petition, which is allowed by the home secretary, and referred for trial to a court of law. Alright of way is a right of a private owner or occupier to a way over the land of an adjoining proprietor, as incidental to his possession of a house, or premises, or land. Right of action means simply a right to commence an action in one of the courts of law to recover damages or property. Right of common means a right of one who is not the owner or occupier of waste land, to send cattle to graze upon it, or to cut turf, or exercise some partial right of property over it. Right of entry is a right to possess and use land or premises, etc.