His authority is defined in regulation 55 of " The Hague Regulations " . [ . . . ] The State of Israel acts [ . . . ] as the administrator of the state property and as usufructuary of it ."
22.
The usufructuary may use and enjoy the property, which can be either movable or immovable, corporeal or incorporeal, and draw and acquire ownership of the property's fruits, which may be either natural ( like crops and the young of livestock ) or civil ( such as rental income and interest on a capital investment ).
23.
In 1572, Mr . Robert Richardson, as Usufructuary, and William Rutherford, as Commendator, granted to James Lidderdale ( c1545-1621 ), and Thomas ( 1570-1629 ), his son, the lands which belonged to the Priory, and formally became part of their entirely secular lordship in 1608, this grant was confirmed by a charter from the King, dated the 4th November 1573.
24.
Among those who are bound to recognise and continue the lease, now that the Roman-Dutch Law principle that lease takes precedence over sale ( " huur gaat voor koop " ) has been adopted, Van Leeuwen mentions purchasers and donees, while Voet lists " usufructuaries, legatees, donees and the like successors on particular title, " and says that their position is in no way distinguished from that of purchasers.
25.
The presumption in favour of a direct substitution does not arise if it is clear that the testator intended to grant different interests in the same property to two persons, not alternatively but either successively ( as in the case of a fideicommissum ) or concurrently ( as in the case where the ownership is left to one person subject to an usufruct in favour of another ); in other words, there is no presumption that the interest of the beneficiary first mentioned is an ownership subject to a direct substitution, nor is there a presumption that his interest is usufructuary and not fiduciary.
26.
While the First Nations understood the treaties to be between nations to share the land ( ownership of the land was not a concept in First Nation s cultures ), the Crown saw them as a way to ensure sovereignty over the land from a people who only had sovereignty as a " personal and usufructuary right, dependent upon the good will of the Sovereign " in the Royal Proclamation of 1763 ( " at the time of the discovery of America, and long after, it was an accepted rule that heathen and infidel nations were perpetual enemies, and that the Christian prince or people first discovering and taking possession of the country became its absolute proprietor, and could deal with the lands as such . " ) The Calder v British Columbia ( AG ) case in 1973 was the first case in Canadian law that acknowledged " a declaration that the aboriginal title, otherwise known as the Indian title, of the plaintiffs to their ancient tribal territory hereinbefore described, has never been lawfully extinguished . " This ruling has lead to more Aboriginal land claim negotiations, and overhauled much of the process of addressing Aboriginal title to land that existed prior to colonization and confederation, and whether that title had been extinguished.
