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Land

river, law, close, property, sense, called, common, formed and carries

LAND, in English law, in its most restricted signification is confined to arable ground. In this sense the term is con strued in original writs, and in this sense it is used in all correct and formal plead ings.

By the statute of Wills, 1 Victoria, c. 26, s. 26, a devise of the Land of the tes tator generally, or of the land of the tes tator in any place or in the occupation of any person mentioned in the will, is to be construed to include customary, copy hold, and leasehold estates to which the description will extend, as well as free hold estates, unless a contrary intention appear by the will. In its more wide legal signification land includes meadow, pasture, woods, moors, waters, &c. ; but in this wider sense the word generally used is lands: the term land or lands is taken in this larger sense in conveyances and contracts.

In conveying the land, houses and other buildings erected thereon, as well as mi nerals under it, will pass with it, unless specially excepted. A grant of the ves ture of certain land transfers merely a particular or limited right in such land, and the houses, timber, trees, mines, and other real things, which are considered as part or parcel of the inheritance, are not conveyed, but only such things as corn, grass, and underwood. Other limited rights, as fishing and cutting turf, may be granted, which confer no interest in the land itself, or, as it is called, the realty, but only the benefit of such particular privileges. But a grant of the fruits and profits of the land conveys also the land itself. Absolute ownership of land carries with it the right to the possession down wards of the minerals, waters, &c., and also upwards, agreeably to the maxim, "cujus est solum, ejus est usque ad ccelum." He who carries the worliugs of his mine from out of his own land into the land of his neighbour is guilty of trespass as much as if he disturbed the surface of his neigh bour's land.

Land held in absolute ownership is expressed by the term real property, in contradistinction to personal property, which consists in money, goods. and other moveables. Land held for a number of years or other determinate time, is a chattel interest, but it is distinguished from other chattels by the name of Chat tels Real. [CHATTELS.] In some parts of England the word " land " is frequently used to denote the fee simple as distinguished from a less estate, without reference to the nature of the property. Thus it is usual to say, A has a lease of such an estate or such a house, but B has the land, i. e. the rever sion or remainder in fee.

Laud is legally considered as enclosed from neighbouring land, though it lie in the middle of an open field, and it may therefore be called a close ; and the owner may subdivide this ideal close into as many ideal parcels as he pleases, and may, in legal proceedings, describe each of these parcels, however minute, as his close.

An illegal entry into the land of another is called, in law, breaking and entering his close, and the remedy is by the action of trespass ' Quare clausum fregit;' it having been necessary, when writs were framed in Latin and all common law pro ceedings were entered on the rolls of the court in that language, to insert the words • Quare clausum fregit ' in the king's writ, or the party's plaint, by which the action was commenced, and also in the declaration wherein the nature of the injury was more circumstantially detailed.

Land Derelict, or left dry by the sudden receding of the sea, or of the water of a navigable river, belongs to the king by his prerogative. Land formed by Allu vion, that is, by gradual imperceptible receding of any water, or by a gradual deposit on the shore, accrues to the owner of the adjoining land. The rules of Eng lish law as to Alluvion as stated in Brae ton (fol. 9), are chiefly copied from the ' Digest' (41 tit. i. s. 7).

(Doctor and Student; Co. Litt. ; Co myn's Dig.) The definition of Allavio by Gaius (ii. 70) is as follows—" that may be considered as added by Alluvio, which a river adds to our land so gradually, that we cannot calculate how much is added in each small interval of time ; or, according to the common expression, what is added in such small portions as to escape our eyes." The English rule of law is the same. Land formed on the coast by the deposition of matter from the sea, is Alluvio, when the increase is so slow that it cannot be ob served, though there may be a visible increase at the end of each year, and in the course of years a large piece of land may be thus formed (Rex v. Lord Yar borough, 2 B. & C. 91). Gains proceeds to add—" but if a river carries off any part of your farm and brings it to mine, this part continues to be yours. If an island rise in the middle of a river, it is the common property of all those who on each side of the river possess farms near the bank ; but if it is not in the middle of the river, it belongs to those who have farms beside the hank on that side which is nearest." (Compare A ggenus Urbicus, Comment. in Frontinum, Pars Prior.) LANDING•WAlTER, an officer of the customs whose duties consist in taking !inaccurate account of the numher, weight, measure, or quality of the various descrip tions of merchandise landed from foreign countries or colonial possessions. Land ing-waiters likewise attend to the ship ment of all goods in respect of which bounties or drawbacks are claimed. These officers are likewise called search ers.