Butte record., 1854-08-05

and shrubs, and this was what terrified
Macbeth so, when he saw ''Birnam wood
coming to Dunsinane )" for when he
saw the "emblements7 moving, he was
lawyer enough to know that there was
Il change going on of landed proprietors,
that boded him no good.
The tenant for-ife also "takes" all the
catnlp and boneset on his place, because
they belong to the soil; but the law
would moi compel him to take them,
unless he wanted to, and if they were
made into tea, Spellman thinks he could
put in l.ttle milk and sugar. \ ten
ant-i0r-life is entitled to cut wood, and
il the landlord should.interfere and raise
Il muss, he would be compelled to cut
stick; bat, though 4 tenant-for-lifs is
entitled to cat wood, yet if his son
should white the fence, Or initiate the
parlos-chairs or throw down the book
case, and 60 to chopping it up with an
AK, and the landlord should come tt, and
they should have a regular pitched bat
tie over the fallen furniture, it would
cleasly be an faction on the case" and
the landlord would recover.
When man owns the soil, he owns it
clear up TO the sky, and down to the
''clher place - bus | can't bniId my
house 50 as to overhang my neighbor 5,
and if he has window built 50 long that
the memory OF man doesn't run any
where else, you cant stop that window
up; for it is an "ancient light" and
therefore, if you should 90 and look in at
that window, You would be guilty OF
constructing ancient lights" and he
could take your head off even with the
wiadow-sill, but no farther, using no
more force than was necessary and if
IA old man should die Of consumption.
;hat would be an ''obs!ruction Of ancient
hghts;" bat the law would not uader-
take to provide remedy, not being an
undertaken IN such circumstances. How
far the principle Of ancient lights ex-
tends is, perhaps, doubtless question,
as most legal questions are if } GU agree
TO let your neighbor keep his window
open, and he SO keeps it open for any
length of time, it does not become an
''ancient light. and you may shut the
shutters on hum any time but if he
opens it against your will, though you
should 90 and shake your fist at him ey-
cry day for twenty-one years, or there
abouts, it becomes an ''ancient light in
spite of you, and he could blow wads at
you out oft every morning before break
fast, ii he wanted to, and you'd have no
remedy
Every mans land is called bis aclose, ="
and is supposed to be surrounded by al
IDEAL, invisible boundary or wall, which
exists only in the "eye of the law," the
law being generally wall-eyed and be-
logged though nobody can see it, yet,
if any person oYersteps this boundary,
he is guilty Of a trespass and it's no
excuse for him to say he didn't see it,
for the Law says to him, OTIS all in my
eye, and this is ''trespass quare clau-
sun fregtt - and if man should be
chasing rabbit and the rabbit should
run over this line, every action of the
rabit thereafter would be void as no one
can take advantage of their own wrong,
and the law would not permit him to
move step farther, and the man could
easily catch him; SO, if man wore a
wig, and should sleep at a tavern, and
put his wig in his pantaloone' pocket
and thief should come and steal his
wig out Of his breeches, that would be
trespass square clausum fregit )" '.for
that he broke his close" and stole his
hares.
So, as every mans lot is thus fenced
in, it is fine old maxim of the English
law, that every mans house is his castle,
which, says the Magma Charta, "the
King cannot enter;' therefore, if the
King went out to see his market garden
er, simply for the purpose Of walking
about, and looking at the pigs and poul-
try, the market-gardener can slam the
front door in his face, and set the dogs
on him, and the King couldn't lift the
latch for, says GIanville. "Where the
King is concerned, there are no latch
es,n and so, under the old law, the
King was absolutely forbidden to enter
any house in the kingdom, SO that his
social intercourse was extremely limit
tied; and hence the maxim, "Nullum
tempus occurrit regi," or, the King
doesn't have any sort of a time and, as