OCCUPANT or OCCUPIER. One who has the actual use or possession of a thing.
2. He derives1 his title of occupancy either by taking possession of a thing without an owner, or by purchase, or gift of the thing from the owner, or it descends2 to him by due course of law.
3. When the occupiers of a house are entitled to a privilege in consequence of such occupation, as to pass along a way, to enjoy a pew, and the like, a person who occupies a part of such house, however small, is entitled to some right, and cannot be deprived of it. 2 B. & A. 164; S. C. Eng. C. L. R. 50; 1 Chit. Pr. 209, 210; 4 Com. Dig. 64; 5 Com. Dig. 199.
OCCUPATION. Use or tenure3; as, the house is in the occupation of A B. A trade, business or mystery; as the occupation of a printer. Occupancy. (q. v.)
2. In another sense occupation signifies a putting out of a man's freehold in time of war. Co. Litt. s. 412. See Dependeney; Posession.
OCCUPAVIT. The name of a writ4, which lies to recover the possession of lands, when they have been taken from the possession of the owner by occupation. (q. v.) 3 Tho. Co. Litt. 41.
OCCUPIER. One who is in the enjoyment5 of a thing.
2. He may be the occupier by virtue6 of a lawful7 contract, either express or implied, or without any contract. The occupier is, in general, bound to make the necessary repairs to premises8 he occupies the cleansing9 and repairing of drains and sewers10, therefore, is prima facie the duty of him who occupies the premises. 3 Q. B. R. 449; S. C. 43 Eng. C. L. R. 814.
OCHLOCRACY. A government where the authority is in the hands of the multi- tude; the abuse of a democracy. Vaumene, Dict. du Language Politique.
ODHALL RIGHT. The same as allodial.
OF COURSE. That which may be done, in the course of legal proceedings11, without making any application to the court; that which is granted by the court without further inquiry12, upon its being asked; as, a rule to plead is a matter of course.
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