英文法律词典 V-17

VIEW, DEMAND OF, practice. In most real and mixed actions, in order to ascertain¹ the identity of land claimed with that in the tenant²'s possession, the tenant is allowed, after the demandant has counted, to demand a view of the land in question; or if the subject of claim be rent, or the like, a view of the land out of which it issues; Vin. Abr. View; Com. Dig. View; Booth, 37; 2 Saund. 45 b; 1 Reeves' Hist 435, This, however, is confined to real or mixed actions; for in personal actions the view does not lie. In the action of dower unde nihil habet, it has been much questioned whether the view be demandable or not; 2 Saund. 44, n, 4; and there are other real and mixed actions in which it is not allowed. The view being granted, the course of proceeding³ is to issue a writ⁴, commanding the sheriff to cause the defendant⁵ to have a view of the land, It being the interest of the demandant to expedite the proceedings⁶, the duty of suing out the writ lies upon him, and not upon the tenant; and when, in obedience⁷ to its exigency⁸, the sheriff causes view to be made, the demandant is to show to the tenant, in all ways possible, the thing in demand with its metes⁹ and bounds. On the return of the writ into court, the demandant must count de novo; that is, declare again Com. Dig. Pleader, 2 Y 3; Booth, 40; and the pleadings proceed to issue.

2. This proceeding of demanding view, is, in the present rarity of real actions, unknown in practice.

VIEWERS. Persons appointed by the courts to see and examine certain matters, and make a report of the facts together with their opinion to the court. In practice they are usually appointed to lay out roads and the like. Vide Experts.

VIGILANCE. Proper attention in proper time.

2. The law requires a man who has a claim to enforce it in proper time, while the adverse¹⁰ party has it in his power to defend himself; and if by his neglect to do so, he cannot afterwards establish such claim, the maxim¹¹ vigilantibus non dormientibus leges subserviunt, acquires full force in such case. For example, a claim not sued for within the time required by the acts of limitation, will be presumed to be paid; and the mere¹² possession of corporeal¹³ real property, as if in fee simple, and without admitting any other ownership for sixty years, is a sufficient title against all the world, and cannot be impeached¹⁴ by any dormant¹⁵ claim. See 3 Bl. Com. 196, n; 4 Co. 11 b. Vide Twenty years.