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单词 IMPROVEMENT
释义

A valuable addition made to property (usually real estate) or anamelioration in its condition, amounting to more than mere repairs or replacement ofwaste, costing labor or capital, and intended to enhance its value and utility or to adaptit for new or further purposes. Spencer v. Tobey, 22 Barb. (N. Y.) 209; Allen v. McKay,120 Cal. 332, 52 Pac. 828; Simpson v. Robinson, 37 Ark. 132.In American land law. An act by which a locator or settler expresses his intention tocultivate or clear certain land; an act expressive of the actual possession of land; as byerecting a cabin, planting a corn-field, deadening trees in a forest; or by merelymarking trees, or even by piling up a brush- heap. Burrill. And see In re Leet Tp. Road,159 Pa. 72, 2S Atl. 238; Bixler v. Baker, 4 Bin. (Pa.) 217.An “improvement,” under our land system, doos not mean a general enhancementof the value of the tract from the occupant’s operations. It has a more limited meaning,which has in view the population of our forests, and the increase of agriculturalproducts. All works which are directed to the creation of homes for families, or aresubstantial steps towards bringing lands into cultivation, have in their results the specialcharacter of “improvements,” and, under the land laws of the United States and of theseveral states, are encouraged. Sometimes their minimum extent is defined as requisiteto convey rights. In other cases not. But the test which runs through all the cases isalways this: Are they real, and made bona fide, in accordance with the policy of thelaw, or are they only colorable, and made for the purpose of fraud and speculation?Simpson v. Robinson, 37 Ark. 137.In the law of patents. An addition to, or modification of, a previous invention ordiscovery, intended or claimed to increase its utility or value. See 2 Kent, Comm. 306-372. And see Geiser Mfg. Co. v. Frick Co. (C. C.) 92 Fed. 191; Joliet Mfg. Co. v. Dice,105 111. 050; Sehwarzwaelder v. Detroit (C. C.) 77 Fed. S91; Reese’s Appeal, 122 Ta.392, 15 Atl. 807; Rheem v. Holliday, 16 Pa. 352; Allison Bros. Co. v. Allison, 144 N. Y.21, 3S N. E. 956.

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更新时间:2024/10/27 7:24:26