guardian and ward was strictly observed by the Romans. They made a distinction between the right to govern a person, and the right to manage his estate, although the tutor could do both. If the pupil was an infant, the tutor could act without the intervention of the pupil; if the pupil was above seven years of age, he was considered to have an imperfect will. The tutor managed the estate of the pupil, but was liable for loss occasioned by bad management. He could sell movable property when expedient, but not real estate, without judicial authority. The tutor named by the father was preferred to all others. [Sidenote: Real rights.] The Institutes of Justinian pass from persons to things, or the law relating to real rights; in other words, that which pertains to property. Some things, common to all, like air, light, the ocean, and things sacred, like temples and churches, are not classed as property. Originally, the Romans divided things into _res mancipi_, and _res nec mancipi_. The former comprehended houses, lands, slaves, and beasts of burden, and could only be acquired by certain solemn forms, which, if not observed, the property was not legally transferred. The latter included all other things, and admitted of being transferred by simple tradition. [Sidenote: Occupancy.] Occupancy, one of the original modes of acquiring property, was applied to goods and persons taken in war; to things lost by negligence, or chance, or thrown away by necessity; to pearls, shells, and precious stones found on the sea-shore; to wild animals, to fish, to hidden treasure. Acquisition, by accession, pertained to the natural and industrial fruits of the land, the rents of houses, interest on money, the increase of animals, lands gained from the sea, and movables. [Sidenote: Transfer of property.] [Sidenote: Testaments and legacies.] [Sidenote: Laws of succession.] [Sidenote: The laws in inheritance.]