This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1827 edition. Excerpt: . CHAPTER XXII. PRESUMPTIONS OF FACT CONTINUED.

Of the presumed Waiver of Rights of Appropriation, --of Resumption on Forfeiture, Pre-emption, and Election;--of Rights under Executory Trusts, Devises in Equity, Agreements to Purchase, and Covenants for Renewal;--of the Responsibility of Executors, Administrators, and Trustees;--of the Liability of Purchasers to see the Application of the Purchase Money, and of other miscellaneous Rights and Equities. I. From long non-user, the grant of a privilege to appropriate land, not before capable of exclusive occupation, will be presumed to be abandoned. This was decided in a case, where it appeared that a grant had been made by the Crown, in 1629, of certain mud lands and lands overflowed with the sea, situate on each side of the town of Gosport, to the intent they might be recovered and embanked, but which right until 1734 was never exercised: on an information against the claimant under the grant, for making erections in a place which, adjoining the town of Gosport, was supposed to come within the terms of the grant, the Court of Exchequer first, and afterwards on appeal, the House of Lords, were of opinion, that the grantees, if they ever had a title to the locus in quo, had, by their long delay to use the right conferred, abandoned it; and that the title of the Crown, by the long possession of its subjects, had since revived (a). But the dereliction of rights affecting land is not in all cases held to be evidenced by mere non-user. Rights to mines and minerals, with the incidental privilege of boring for and working them, are an exception to this rule. When such rights are granted, their being continually exercised is never contemplated, nor when reserved, is it often with a view to immediate.