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inventor,

§ 374. If the owner does not make it public, any other Subsequent person subsequently and originally producing the same author, &c. thing, has the same right therein, which is exclusive to the same extent, as against all persons except the prior author, or those claiming under him.

writings.

§ 375. Letters, and other private communications in Private writing, belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law.

See Woolsey a. Judd, 4 Duer, 389 and cases there cited;
Eyre a. Higbee, 22 How. Pr., 198.

CHAPTER V.

OTHER KINDS OF PERSONAL PROPERTY.

SECTION 376. Trade-marks and signs.

377. Good-will of business.

378. Title deeds.

§ 376. One who produces or deals in' a thing, or conducts a business, may appropriate to his exclusive use, as a trade-mark, any form, symbol or name, which has not been so appropriated by another, to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation or part of a designation, which relates only to the name, quality or description of the thing or business."

'Taylor a. Carpenter, 2 Sandf. Ch., 603.
'Howard a. Henriques, 3 Sandf., 725.

1 Amoskeag Manufacturing Co. a. Spear, 2 Sandf., 599;
Fetridge a. Wells, 4 Abbott's Pr., 144.

Trade

marks and

signs.

of business.

§ 377. The good-will of a business is the value of the Good will expectation of continued public patronage. This good will passes on a sale of the establishment, unless otherwise agreed.

378. Instruments essential to the title of real property, Title deeds. and which are not kept in a public office as a record pursuant to law, belong to the person in whom, for the time. being, such title may be vested, and pass with the title.

PART IV.

ACQUISITION OF PROPERTY.

TITLE I. Modes in which property may be acquired.

II. Occupancy.

III. Accession.

IV. Transfers.

V. Wills.

VI. Succession.

TITLE I.

MODES IN WHICH PROPERTY MAY BE ACQUIRED.

§ 379. Property is acquired by

1. Occupancy;

2. Accession;

3. Transfer;

4. Will; or

5. Succession.

TITLE II.

OCCUPANCY.

SECTION 380. Occupancy confers title.

381. Prescription.

confers

$380. Occupancy for any period confers a title good Occupancy against all except those who have title by accession, trans- title. fer, will or succession.

tion.

§ 381. Occupancy for the period prescribed by the CODE PrescripOF CIVIL PROCEDURE as sufficient to bar an action for the recovery of the property, confers a title thereto, denominated a title by prescription, which is good against all.

TITLE III.

ACCESSION.

CHAPTER I. To real property.
II. To personal property.

Fixtures.

Alluvion.

Sudden removal of bank.

CHAPTER I.

ACCESSION TO REAL PROPERTY.

SECTION 382. Fixtures.

383. Alluvion.

384. Sudden removal of bank.

385. Islands, in navigable streams.

386. In unnavigable streams.

387. Islands formed by division of stream.

388. Ownership of abandoned bed of stream.

§ 382. When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed belongs to the owner of the land, unless he chooses to require the former to remove it.

§383. Where, by natural causes, land forms in imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material,' or by the retiring of the stream,' the same belongs to the owner of the bank, subject to any existing rights of way over the bank.

'Halsey a. McCormick, 18 N. Y., 147.

* Code Napoleon, Art. 556, 557.

384. If a river or stream, navigable or not navigable, carries away, by sudden violence, a considerable and distinguishable part of a bank, and bears it to a lower or opposite bank, the owner of the part carried away may reclaim his property within a year after the proprietor of the land to which the part carried away has been united, takes possession thereof.

This and the four following sections are similar to those of the Code Napoleon, Arts. 559-563.

navigable

385. Islands, and accumulations of mud, formed in the Islands, in bed of rivers or streams which are navigable, belong to the streams. state, if there is no title or prescription to the contrary.

gable

§ 386. Islands and accumulations of mud formed in In unnavirivers and streams which are not navigable belong to the streams. owner of the shore on that side where the island is formed; if the island is not formed on one side only, it belongs to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river.

formed by

stream.

§ 387. If a river or stream, navigable or not navigable, Islands in forming itself a new arm, divides itself and surrounds division of lands belonging to the owner of the shore, and thereby forms an island, such owner retains the ownership of his land.

§ 388. If a river or stream, navigable or not navigable, forms a new course, abandoning its ancient bed, the owners of the land newly occupied take, by way of indemnity, the ancient bed abandoned, each in proportion to the land of which he has been deprived.

[blocks in formation]

CHAPTER II.

ACCESSION TO PERSONAL PROPERTY.

The provisions of this chapter, except § 157, are similar to those of the Code Napoleon and the Code of Louisiana.

SECTION 389. Accession by uniting several things.

390. Uniting materials and workmanship.

391. Separable materials.

392. Materials of several owners.

393. Willful trespassers.

394. Owner may elect between the thing and its value.
395. Wrong doer liable in damages and criminally.

389. When things of different owners, which have been united so as to form a whole, are of a nature to be separated again, the whole belongs to the owner of the thing which forms the principal part, and he must reimburse the value of the residue to the other owner.

Accession several

by uniting

things.

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