Title by occupancy is the taking possession of those things which before belonged to nobody.1 The foundation of property, of holding those things in severalty which by the law of nature, unqualified by that of society, were common to all mankind.¹ Thus, at common law, one may take to his own use goods of an alien enemy; movables returned into the common stock of things by abandonment; the benefits of the elements - light, air, water; and wild animals. Other examples of title acquired by first occupancy are: emblements; additions to property by accession, or by wrongful confusion of goods; an author's right in his literary composition; the right to the exclusive use of a trade-mark, or of a firm name.2 Lest this property should determine by the owner's dereliction, or death, whereby the thing would again become common, society has established contracts, conveyances, wills, and heirships, by which to continue the property of the first occupant. See DISCOVERY, 1. Occupant; occupier. The "first occupant" is he who first declared his intention to appropriate a thing to his own use, and actually took it into possession.4 An "occupant" has the actual use or possession of a thing.5 An "occupier" is one in the use and enjoyment of a thing.6 May imply that the person is in the actual bona fide possession of land as a resident." See ABANDON, 1; FIND, 1. Occupation. 1. Actual possession of real property. See USE, 2. 2. Employment at a particular business; engagement; vocation; calling; trade. See EMPLOYMENT; PROFESSION; TRADE; TAX, 2. 1. A proposition to do a thing.9 May be convertible with "attempt,” 10 q. v. ; but "offering" does not mean the same as promising" a reward to a voter.11 An offer of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter according to the terms in which the offer was made. Any qualification of, or departure from, those terms invalidates the offer, unless agreed to by the person who made it. Until the terms of the agreement have received the assent of both parties the negotiation is open and imposes no obligation upon either party. 12 An offer to sell, subject to acceptance, binds the party offering, but not the other party until acceptance. And so, also, as to an optional purchase, based upon a sufficient consideration. 13 An offer to do a thing, as, to insure property, made by mail, binds the person making the offer, according 1 Hannum v. Kingsley, 107 Mass. 361 (1871). 2 Davis v. State, 38 Ohio St. 506 (1882). See 1 Paine, 336; 21 Barb. 475. Spelled also offence. O. F. offence, offense: L. offensa: of-fendere, to dash against. • Moore v. Illinois, 14 How. 19 (1852). • People v. Police Commissioners, 39 Hun, 510 (1886). • Redfield v. Utica, &c. R. Co., 25 Barb. 58 (1851); City See also 1 Oreg. 192; 3 Tex. 314; 18 Gratt. 955. of Bangor v. Rowe, 57 Me. 439 (1869). • [Fleming v. Maddox, 30 Iowa, 242 (1870). Hussey v. Smith, 1 Utah, 132 (1873); 3 Op. Att.-Gen. 126 (1830); ib. 182 (1837); Abbott v. Upham, 13 Metc. 174 (1847); O'Neale v. Cleaveland, 3 Nev. 492 (1867). • Lawrence v. Fulton, 19 Cal. 690 (1862); McKenzie v. Brandon, 71 id. 211 (1886); Fleming v. Maddox, 30 Iowa, 242 (1870). • See Schuchardt v. People, 99 III. 506 (1881). 10 Johnson v. Humboldt Ins. Co., 91 Ill. 95 (1878). Hay v. Star Fire Ins. Co., 77 N. Y. 243 (1879). 7 [Wharton's Law Dict. 8 State v. Cantieny, 34 Minn. 9 (1885). • People v. Ah Fook, 62 Cal. 494 (1881). 10 Commonwealth v. Harris, 1 Pa. Leg. Gaz. R. 457 (1871). 11 State v. Harker, 4 Harring. 561 (1845). 12 Eliason v. Henshaw, 4 Wheat. 228 (1819), Washington, J. See also Tilley v. County of Cook, 103 U. S. 161 (1880), cases: 12 Mo. Ap. 384. 13 Butler v. Thompson, 92 U. S. 415-16 (1875); Langd. Contr. § 151.