a. Dtr, and a
Bait.
A porch over
a road, connected
with a
houfe, is not
included in
the fale of it,
unlefs it be
exprefsly fpe-
cified.
“ awes,”—-or, Ifj with every thing great and fmall upon it, in it, or
“ of it.”_If, on the other hand, a perfon purchafe a Bait above
which there is another Bait, with a ftipulation of all its-rights, {fill
he is not entitled to the upper Bait. But if a perfon purchafe a Ddr
(that is, a ferai) with its enclofure, he is entitled to the upper ftories
and the offices; : becaufe the term Ddr fig-nifies a placecompiehended
within an enclofure, which is confidered as the original fubjeft, and
of which the upper flory is a dependant -part. Bait, on the contrary,
limply dignifies any place ‘of residence-, and as the upper flory of a
houfe is-of-this nature as -well as the under, it cannot be included
in the purchafe of a Bait, ainlefs -by an exprefs fpecifica-
tion, fince a thing cannot-be a dependant of its fellow. A Manzil,
on the other hand, is a mean that is, it is greater than a Bait,
and fmaller than :a Ddr-, — for although it comprehends every
thin°* neceflary to a dwelling-place, Bill it is deficient in having no
place for cattle; a Manzil, therefore, is in one refpedt fimilar to a
Ddr, and in another refpeft fimilar to a B ait; and hence, from its
limilarity to a Ddr, the upper houfe is included in virtue of its being a
fubordinate part, whenever a fpecification of the rights is made; and,
from its limilarity to a B a it, the upper houfe is not included in the
fale, unlefs a fpecification of'the rights be made;— Some have faid that,
in the pra&ice of the prefent age, the upper houfe is neceflarily included
in all the above cafes; becaufe a Bait (which means -a
houfe in the Perjian language) does -neceffaTily include the upper
flory.
A torch over a *road, of which -the beams in -one end are laid
upon a Ddr [or houfe'] which is the fubjeft of a fale, and in the other
end upon the oppofite houfe, or upon a pillar, is not included in the
fale of the houfe, unlefs a fpecification of rights be made in the fale;
becaufe the porch-covering the road is held to be of the lame nature as
a read.— The two difciples have obferved that if the faid porch
Ihould form the entrance into the houfe, it is then virtually included
in the fale.
If
If a perfon purchafe a room [Bait] in a houfe [Ddr] or dwelling- *
place [Manzil,] he is not entitled to the ufe' of the road, unlefs he
have ftipulated the rights and appendages, or the great and fmall belonging
to it.— In the fame manner, in the fale of land, a well or
drain is not included, unlefs by a fpecification of the rights or appendages;
becaufe-they are not confidered as a part of the ground^
but as a dependant*on it.— It is otherwi-fe with refpedt ta zlea fei for
that virtually includes the well and road-without’ any fpecification,
becaufe the'objedt of a leafeis an ufufrudt,. which is not to be obtained
but by the ufe of the road and well; and- it. is-not a cnftom .amongft
farmers, to rent a road, or a welli But the ofejedt of* a* fale may be
anfwered without the neceffity of.including the road or well, fince it
is cuftomary, amongft purchafers,. to - fell and.trade with the fubje&s-
of their purchafe, and to difpofe of them into the hands of another;
whence an advantage is derived from the tranfaftion,. without the.
road or other appendage being included.
C H A P. X .
Of Claim of Right (preferred by other tö the
Subject of a Sale )
I f a female Have, being fold, bring forth a child whilft in the pur-
chafer’ s pofleffion, and another perfon afterwards eftabliffi, by wit-
neffes, that ffie was originally his property, and had not belonged to
the feller, fuch perfon is entitled to the female Have, and alfo to the
child.
The avehue
is not included
in the
purchafe of
an apartment
of a houfe,—
nor wells or
drains in the
purchafe of
lands, unlefs
the appendages
be ex-
preffed in the
contract.
A female •
flave,claimed
after having
produced a
child whilft
in the pur