Common. Way. Light and air. Since 2 & 3 In cases of common, the ceasing to turn on cattle may be explained by the fact that there were not at the time commonable cattle to turn on. No necessary inference arises from a cesser during two, three, or seven years (c). The non-user of a way by the claimant for thirtyeight years, by reason of his having during that period a shorter and more convenient one over land of his own, was held not to affect the right (d). The only inference that could be reasonably drawn from the non-user was, that he had not occasion for the way (e). But in the case of light and air, which are acquired by mere occupancy, the right continues so long only as the claimant continues, or shows his intention to continue, the enjoyment, and is lost when discontinued and no act is done to show an intention to resume it within a reasonable time, which is not defined, and may be lost in a much less period than twenty years; and as the right is acquired by mere user, it may be lost by mere non-user (ƒ). As, however, after the several periods of enjoyment Will. 4, c. 71. prescribed by the 2 & 3 Will. 4, c. 71, the several rights to which it is applied are made absolute and indefeasible, they cannot, therefore, it would seem, be lost or defeated by a subsequent temporary interruption of enjoyment, not amounting to abandonment (g), of less than such periods (h), or, at least, twenty years. Modification of this law as to, -profits à prendre, -easements, Prescription at common law, in relation to all rights of common or other profits or benefits to be taken and enjoyed from or upon any land (except tithes, rent and services), and all ways or other easements, all watercourses, or the use of any water, to be enjoyed or derived upon, over or from any land, and which may be lawfully (c) 3 Q. B. 588. (d) Ward v. Ward, 7 Ex. 839. B. 31. (g) See Taplin v. Jones, 11 Jur., N. S. 309. (h) See Moore v. Rawson, supra. claimed at the common law, by custom, prescription or grant, and also the access and use of light to and for any dwelling-house, workshop, or other building, has been modified by the legislature, as will be hereafter shown. As to all such matters beyond that modification, and also as to all other prescriptive rights, prescription at common law is still in force. Prescriptions and claims of or for any modus deci- -moduses, mandi, or of or to any exemption from or discharge of -exemption tithes by composition real or otherwise, have also been from tithes, the subject of legislation, and placed on a different foundation, as will be also hereafter shown. &c. Tithes, as an inheritance, other than those belonging tithes, rent, to a spiritual or eleemosynary corporation sole, rent, services for which a distress may be made, and all periodical sums of money payable out of any land, except moduses or compositions belonging to a spiritual or eleemosynary corporation sole, have been transferred to the statute law of limitation, as will also be hereafter shown. BOOK IV. TIME OF LIMITATION. Statutes of TIME of Limitation, the subject of this Book, as distinguished from prescription at common law, the subject of the last Book, is prescription by legislative enactment, fixing times certain within which claims are to be asserted (a); or, says Lord Coke, as taken in law, a certain time prescribed by statute, within which the demandant in the action must prove himself, or some of his ancestors, to have been seised (b). -affecting different parts of the kingdom. CHAPTER I. THE TERRITORIAL OPERATION OF THE LAWS THE SUBJECT OF THIS BOOK. THE specific laws here to be considered are those contained in such of the several statutes to which reference has been made (c), as are now in operation, and affect, directly or indirectly, real property. Inasmuch, however, as these laws were not originally applicable in the whole of the United Kingdom, and as some of them are even now in some parts of it only, and even in those parts not everywhere the same, some notice of the ter (a) Litt. s. 170; Co. Litt. 113 a, b, 114 b, 115 b. (b) 1 Rob. Ab. 685; Co. Litt. 114 b. (c) Book I. Chap. II. ritorial operation of these different laws, before considering the laws themselves, will be appropriate. The earlier statutes relating to the possessions of England. the Crown (d) were applicable in England only. After the union of England and Ireland, a statute (e), Ireland. containing substantially the same provisions as those in the later statute for England, was made and intro duced into Ireland. These statutes do not extend to Not Scotland. Scotland. The statute for shortening the time of prescription in certain cases (f), and the statute for shortening the time required in claims of modus decimandi, or exemption from or discharge of tithes (g), did not originally extend to Ireland, but the former statute has been extended and applied there from the 1st of January, 1859 (h); and provisions similar to, but with some modifications of, those of the latter statute have also been made for Ireland (i). The statute for the limitation of actions and suits relating to real property, aud for simplifying the remedies for trying the rights thereto (k), in all its provisions, with one exception, originally extended to Ireland. The exception was, so far as this statute related, to any right to present to, or bestow any church, vicarage or other ecclesiastical benefice in that part of the United Kingdom. In the year 1843 it was abolished, and the statute was extended and applied to Ireland, as to the matters excepted, as fully and effectually as in England (7). The dominion of Wales of ancient time has be- Wales, longed to the Crown of England. And it is said that King Henry the Third made Edward the First his (d) 21 Jac. 1, cc. 2, 14; 9 Geo. 3, c. 16. (e) 48 Geo. 4, c. 47. (f) 2 & 3 Will. 4, c. 71. (g) 2 & 3 WiH. 4, c. 100. (h) 21 & 22 Vict. c. 42. 23. (i) 1 & 2 Vict. c. 109, ss. 18— (k) 3 & 4 Will. 4, c. 27, (1) 6 & 7 Vict. c. 54, explained and amended by 7 & 8 Vict. c. 27. Scotland, eldest son, Prince of Wales, and gave him the dominion and dignity thereof; and the eldest sons of the kings of of England have ever since been Princes of Wales (1). Some writers mention a grant of the principality to, but no creation of the title in, him (m). The son and heir apparent of this Prince was so styled, and some say was the first bearing the title (n). But Selden has said that the first charter of creation of the title he had seen was that of Edward III. to his son and heir apparent about six years after creating him Duke of Cornwall (o). Thus Wales, which before was under the order and government of the King of England, became subject to the order and government of the prince of England. The statute 27 Hen. 8 ordains, that the country or dominion of Wales shall from thenceforth for ever be and continue incorporated, united, and annexed to and with the realm of England; and that the people of Wales shall have, enjoy, and inherit all and singular rights, privileges, and laws within the realm of England, as other the king's subjects naturally born within the same have and inherit (p). In the reign of George the Second (q) the legislature declared and enacted, that in all cases where the kingdom of England, or that part of Great Britain called England, has been or shall be mentioned in any act of parliament, the same has been and shall from henceforth be deemed and taken to comprehend and include the dominion of Wales and town of Berwick-upon-Tweed. Scotland, since the union, although within the meaning of the writ ne exeat regno, the operation of which was not affected by the union (r), is a part of Eng (1) Plowd. 126. (m) Capgrave's Lib. de Illus. Hen. 90, 91; Chronica Johan, de Oxenedes, 198. (n) 1 Walsingham's Hist. Anglicana, 83; Rishanger's Chronica et Annales, 464. (0) 3 Selden's Works, 631, 632. (p) Plowd. 126. (7) 20 Geo. 2, c. 47, s. 3. (r) Done's case, 1.P. W. 262; Bernal v. Marquis of Donegal, 11 Ves. 46. |