113 



in the same year for which revenue is paid 

 Because a seller or giver may, by sale or gift, 

 annul his own property, and invest another with 

 similar property, but cannot create property of 

 another nature (for a sale by a subject cannot create 

 property of another nature, namely ro} 7 al property ;) 

 therefore, usufructuary property being raised by a 

 conditional gift to the subject, the king cannot 

 again create property in the same thing, by a gift to 

 another." 



ie But whence is it deduced, that such property 

 vests in the cultivator ? There is no proof of it. 

 His property is not by occupancy; for the king 

 being a more powerful owner, his occupancy cannot 

 be maintained : it is not by sale ; for no sale has 

 been made : it is not by gift from the king on con- 

 dition of revenue ; for, were it so, his property 

 cannot be annulled without the assent of the 



owner." 



" SOME hold, that the subject is invested with 

 ownership by a gift from the king on condition of 

 revenue. If he go elsewhere and revenue be not 

 paid, the gift is cancelled by the breach of the con- 

 dition. It should not be objected, that his interest 

 in the land would be equal to the king's ; for the 

 king's assent is not given in such a form. Thus, the 

 king assenting in these words, f let a subordinate 

 usufructuary property be held by thee, while my 

 property remains in this land, which belongs to 

 me;' such property is created, as is described by 



T 



