same extent against all persons except the prior author, or those claiming under him. N. Y. C. C., Sec. 433. writings. SEC. 985. 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. N. Y. C. C., Sec. 434. CHAPTER IV. OTHER KINDS OF PERSONAL PROPERTY. SECTION 991. Trade marks and signs. 992. Good will of business. 993. Same. 994. Title deeds. and signs. SEC. 991. One who produces or deals in a particular Trade marks thing, or conducts a particular 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. N. Y. C. C., Sec. 435. SEC. 992. The good will of a business is the expecta- Good will of tion of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired. N. Y. C. C., Sec. 436. business. SEC. 993. The good will of a business is property, Same. transferable like any other. N. Y. C. C., Sec. 437. SEC. 994. Instruments essential to the title of real Title deeds. property, 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. N. Y. C. C., Sec. 438. PART IV. ACQUISITION OF PROPERTY. TITLE I. MODES IN WHICH PROPERTY MAY BE ACQUIRED. SEC. 1006. Occupancy for any period confers a title Simple sufficient against all except the State and those who have occupancy. Prescription title by prescription, mining rules or customs, accession, transfer, will or succession. N. Y. C. C., Sec. 440. NOTE.-"Mining rules or customs" is new. SEC. 1007. Occupancy for the period prescribed by the CODE OF 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 sufficient against all. Fixtures. Alluvion. 1015. Sudden removal of bank. 1016. Islands, in navigable streams. 1017. In unnavigable streams. 1018. Islands formed by division of stream. SEC. 1013. 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. N. Y. C. C., Sec. 442. SEO. 1014. Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank. N. Y. C. C., Sec. 443. moval of SEC. 1015. If a river or stream,. navigable or not navi- Sudden regable, carries away, by sudden violence, a considerable bank. and distinguishable part of a bank, and bears it to the opposite bank, or to another part of the same bank, the owner of the part carried away may reclaim it within a year after the owner of the land to which it has been united takes possession thereof. N. Y. C. C., Sec. 444. SEC. 1016. Islands and accumulations of land, formed Islands, in navigable in the beds of streams which are navigable, belong to streams. the State, if there is no title or prescription to the contrary. N. Y. C. C., Sec. 445. ble streams. SEC 1017. An island or an accumulation of land, In unnaviga. formed in a stream which is not navigable, belongs to the owner of the shore on that side where the island or accumulation is formed, or, if not formed on one side only, to the owners of the shore on the two sides, divided by an imaginary line drawn through the middle of the river. N. Y. C. C., Sec. 446. SEC. 1018. If a stream, navigable or not navigable, in forming itself a new arm, divides itself and surrounds land belonging to the owner of the shore, and thereby forms an island, the island belongs to such owner. N. Y. C. C., Sec. 447. Islands division of formed by stream. bed of stream. SEC. 1019. If a stream, navigable or not navigable, Abandoned 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. N. Y. C. C., Sec. 448. CHAPTER II. ACCESSION TO PERSONAL PROPERTY. NOTE. The provisions of this chapter, except Sec. 1031, are similar to those of the Code Napoleon and the Code of Louisiana. |