of the apprentice, acknowledged before a justice of ter may asthe peace.

2 R. S., 160, § 41.

sign a contract of service.

by court.

$158. If an apprentice refuses consent to an assign- Assignment ment under the last section, the court of sessions may authorize such assignment without his consent, upon application after fourteen days' notice to the appren tice, or to his parents or guardian, if he has any in the county.

7

2 R. S., 160, § 42.

DIVISION SECOND.

PROPERTY.

PART I. Property in General.

II. Real, or Immovable Property.
III. Personal, or Movable Property.
IV. Acquisition of Property.

The following memorandum will show where the provisions of the Revised Statutes relating to property are inserted in this Division.

Sections 1, 3, and 4 of article I of Part II of the Revised Statutes, have been, in substance, embodied in the Constitution, and are therefore omitted here. Section 2 is embodied in the title on Succession. Sections 5-7 are superseded by Title IV of Part III of Division I. The provisions of article II of the same statute, entitled "Of the persons capable of holding and conveying land," are thus disposed of; - section 8 is extended to the case of all persons, and the provisions of the subsequent sections, and other statutes, extending the right of aliens, are omitted. This is in accordance with the recommendation of the governor, in his message of January, 1862.

The capacity of Indians is fixed by section 26 of Part I of Division I, on Persons, and reference to them is omitted in this part of the Code. Section 9 (like other saving clauses elsewhere) is omitted as being sufficiently provided for by the general clause of the

provision at the end of the Code, saving vested rights;

and section 10 is omitted as provided for in Part I on PERSONS.

Article I of title II of the same part of the Revised Statutes, entitled "Of the Creation and Division of Estates," is embodied partly in Title II of Part I of this division, and partly in Title II of Part II. Article II of that title, entitled "Of Uses and Trusts," is embodied in Title IV of Part II.

Article III, entitled "Of Powers," is embodied in Title V of the same.

Article IV, "Of Alienation by Deed," is embodied in the Title on Transfers.

Title III (p. 740) "Of Dower," is omitted, it being proposed to abolish Dower and Curtesy. The provisions of Title IV (p. 744) are inserted in title III of part II, except sections 1, 2 and 3, which are in the chapter on The Hiring of Real Property, and sections 4-6, and 26, which are to be inserted in the Code of Civil Procedure.

The provisions of title V (p. 748) are disposed as follows: Section 1 is inserted in the chapter on Transfers, and on Wills.

Section 2 is stated in the Division relating to Obligations,

as a general principle of interpretation.

Section 3, with important modifications, is embodied in the Title on Succession.

Sections 4 and 5 are inserted in the Title on Mortgage. Section 6 is embodied in the Code of Civil Procedure, as

reported complete, p. 750.

Sections 7-9, are embodied in title III of part II.

Chapter II (p. 751), of Descent, is superseded by the

chapter on Succession.

Chapter III (p. 756) is embodied in the article on Recording Transfers.

PART I.

PROPERTY IN GENERAL.

TITLE I. Nature of Property.
II. Ownership.

III. General Definitions.

TITLE I.

NATURE OF PROPERTY.

SECTION 159. Property, what.

160. In what property may exist.

161. Wild animals.

162. Real and personal,

163. Real property.

164. Land.

165. Fixtures.

166. Appurtenances.

167. Personal property.

what.

S 159. The ownership of a thing is the right of one Property, or more persons to possess and use it to the exclusion of others. In this Code, the thing, of which there may be ownership, is called property.

property

may exist.

$160. There may be ownership of all inanimate In what things which are capable of appropriation, or of manual delivery; of all domestic animals; of all obligations; of such products of labor or skill, as the composition of an author, the good will of a business, trade-marks and signs, and of rights created or granted by statute.

$161. Animals wild by nature are the subjects of wild ownership while living, only when on the land of the

animals.