PRESCRIPTION, in law, is the limit of time within which one may acquire certain terra] rights, by reason of the want of vindication by some other person of such rights, and putting in force his legal remedies. In England, however, it has a limited 'malting, confined to a certain class of rights relating to lands, such as rights of way, of water course, of fishing, shooting, etc.; while in Scotland it is a general term, applicable to all legal rights and to real property; and hence prescription in Scotland corresponds to prescription plus limitation (q.v.) in England. Prescription in England is thus a mode of acquiring a legal right, incident to land, by the mere force of claiming and exercising it, without dispute, for a certain length of time. Thus, if a neighboring owner has for 30 years, without interruption, actually enjoyed a right of common,. such as pasture, fishery, shooting, etc., over another's lands, he will be entitled to it as a legal right for ever after, unless in certain exceptional cases; .aud if he has enjoyed it for 60 years, his title forever after cannot be defeated. So, if a person has for 20 years enjoyed, without interruption, a right of way, or of water-course, or of watering cattle, and simi lar easements (q.v.) on another's lands, he will be entitled, forever thereafter, to enjoy these, except in a few exceptional cases; and if the enjoyment has been for 40 years, he is entitled in all circumstances. So, if a person whose house adjoins another's lands, and whose windows open upon such land, has enjoyed the light coming to these windows for 20 years, he can forever thereafter prevent his neighbor from building on his land, and thereby darkening such lights. In Scotland prescription includes such rights as have been already mentioned, and also the other substantive rights of property. With respect
to servitudes, such as right of way, water-course, fuel, lea], and divot, the right can be gained by the enjoyment for 40 years. Prescription is divided into positive andnegative. By the positive prescription whenever one enjoys lands for 40 years, and can show an infeftment, or a series of infeftments, during such time, though no previous title at the commencement of such period, such person obtains a right to the property. This enact ment applies to all kinds of heritable subjects, including leases and servitudes, which require no infeftment, and as to which mere possession for 40 years, without interrup tion, will give the right. By the negative prescription of 40 years, rights are cut off, unless sued for within that period as a debt due on a heritable bond, and on all contracts whatever. Servitudes are also lost by the lapse of 40 years without enjoyment. Besides these prescriptions there are others, called the lesser prescriptions. Thus, there is a ,ti.0 years' or vicennial prescription, applicable to certain written contracts; a 10 years' or decennial prescription, applicable to actions against tutors and curators; a 7 .years' or septennial prescription, applicable to actions against cautioners; a sexennial or 6 years' prescription, applicable to actions on bills of exchange; a quinquennial or 5 years' pre scription, applicable to actions for arrears of rent and verbal contracts; a 3 years' or triennial prescription, applicable to actions on ordinary merchants' accounts, for ser vants' wages, rent due on a verbal lease, and for work done by workmen, attorneys, etc. With regard to crimes, also, in Scotland but not in England, a 20 years' prescription applies, and no prosecution is competent after that period.