KFLCC Kingdom Law 2nd Ed.

1039

RIGHT OF HABITATION

RIGHT

created by law and depend upon civilized society; or they are those which are plainly assured by natural law (Borden v. State, 11 Ark. 519, 44 Am. Dec. 217); or those which, by fair deduction from the present physical, moral, social, and religious characteristics of man, he must be invested with, and which he ought to have realized for him in a jural society, in order to fulfill the ends to which his nature calls him. 1 Woolsey, Polit Sci ence, p. 26. Such are the rights of life, lib erty, privacy, and good reputation. See Black, Const. Law (3d Ed.) 523. Civil rights are such as belong to every citizen of the state or country, or, in a wider sense, to all its inhabitants, and are not con nected with the organization or administra tion of government. They include the rights of property, marriage, protection by the laws, freedom of contract, trial by jury, etc. See Winnett v. Adams, 71 Neb. 817, 99 N. W. 681. Or, as otherwise defined, civil rights are rights appertaining to a person in virtue of his citizenship in a state or community. Rights capable of being enforced or redressed in a civil action. Also a term applied to certain rights secured to citizens of the Unit ed States by the thirteenth and fourteenth amendments to the constitution, and by vari ous acts of congress made in pursuance there of. Iowa v. Railroad Co. (C. C.) 37 Fed. 498, 3 L. R. A. 554; State v. Powers, 51 N. J. Law, 432, 17 Atl. 969; Bowles v. Habermann, 95 N. Y. 247; People v. Washington, 36 Cal. 658; Fletcher v. Tuttle, 151 111. 41, 37 N. E. 683, 25 L. R. A. 143, 42 Am. St Rep. 220; Hronek v. People, 134 111. 139, 24 N. E. 861, 8L.R.A, 837, 23 Am. St Rep.652. Political rights consist in the power to par ticipate, directly or indirectly, in the estab lishment or administration of government, such as the right of citizenship, that of suf frage, the right to hold public office, and the right of petition. See Black Const Law (3d Ed.) 524; Winnett v. Adams, 71 Neb. 817, W N. W. 681. Personal rights is a term of rather vague import, but generally it may be said to mean the right of personal security, comprising those of life, limb, body, health, reputation, and the right of personal liberty. As an adjective, the term "right" means just, morally correct, consonant with ethical principles or rules of positive law. It is the opposite of wrong, unjust illegal. "Right" is used in law, as well as in eth ics, as opposed to "wrong." Thus, a person may acquire a title by wrong. In old English law. The term denoted an accusation or charge of crime. Fitzh. Nat Brev. 66 F. See, also, DROIT; JUS; RECHT. Other compound and descriptive terms. '—Base right. • In Scotch law, a subordinate right; the right of a subvassal in the lands held by him. Bell.— Bill of rights. See BILL, 6.— Common right. See COMMON.— Declaration of rights. See Bill of Rights,

under BILL.— Marital rights. TAL.— Mere right. In the law of real es tate, the mere right of property in land; the right of a proprietor, but without possession or even the right of possession; the abstract right of property.— Patent right. See PATENT.— Petition of right. See PETITION.— Private rights. Those rights which appertain to a particular individual or individuals, and relate either to the person, or to personal or real prop erty. 1 Chit Gen. Pr. 3.— Real right. In Scotch law. That which entitles him who is vested with it to possess the subject as his own, and, if in the possession of another, to demand from him its actual possession. Real rights af fect the subject itself; personal are founded in obligation. Erskine, Inst. 3, 1, 2.— Right heir. See HEIR.—Riparian rights. See RIPARI AN.—Vested rights. See VESTED. And see also the following titles. RIGHT CLOSE, WRIT OF. An abol ished writ which lay for tenants in ancient demesne, and others of a similar nature, to try the right of their lands and tenements in the court of the lord exclusively. 1 Steph. Comm. 224. RIGHT IN ACTION. This is a phrase frequently used in place of chose in action, and having an identical meaning. See MARI RIGHT IN COURT. See RECTUS H» CUBIA. RIGHT OF ACTION. The right to bring suit; a legal right to maintain an action, growing out of a given transaction or state of facts and based thereon. Hibbard v. Clark, 56 N. H. 155, 22 Am. Rep. 442; Web ster v. County Com'rs, 63 Me. 29. By the old writers, "right of action" is commonly used to denote that a person has lost a right of entry, and has nothing but a right of action left Co. Litt 3636. In Scotch law. The right which the cautioner (surety) has to insist that the creditor shall do his best to compel the performance of the con tract by the principal debtor, before he shall be called upon. 1 Bell, Comm. 347. RIGHT OF DIVISION. In Scotch law. The right which each of several cautioners (sureties) has to refuse to answer for more than his awn share of the debt To entitle the cautioner to this right the other caution ers must be solvent, and there must be ho words in the bond to exclude it. 1 Bell, Comm. 347. RIGHT OF ENTRY. A right of entry is the right of taking or resuming possession of land by entering on It in a peaceable man ner. RIGHT OF HABITATION. In Louisi ana. The right to occupy another man's house as a dwelling, without paying rent or other compensation. Civ. Code La. art 623. RIGHT OF DISCUSSION.