LACHES, 15sh'ez (OF. Jac/1(7,38e, remissness, from (ache, lasehc, Fr. Niche, lax, remiss, from Lat. fusus, slack). Such an unreasonable delay in asserting, or omission to assert a right, or prosecute a remedy, as will be available as a defense in a court of equity, to a person preju diced thereby. For the defendant to make out a defense of ladles on the part of the plaintiff, lie must prove (1) that the plaintiff, knowing all the facts concerning his alleged rights, has negli gently or willfully neglected to prosecute his claim; (2) that the defendant has never recog nized any rights in the plaintiff to the subject matter in question; (3) that. the defendant, rely ing on the apparent acquiescence of the plaintiff or in ignorance of his claims, has altered his posi tion in consequence of the delay, to such an ex tent that lie will suffer loss if the plaintiff's alleged rights are sustained, It is a defense resting in the discretion of the court. and in this respect differs from that of the statutes of limitations of actions. which pro vide arbitrary and fixed limits of time within which the various classes of actions must be commenced. Therefore, a reasonable excuse for
delay or apparent neglect will always lie con sidered by the court. Thus, severe illness of the plaintiff, the fact that he was theretofore igno rant of his rights. that negotiations for settle ment had been pending between the parties bona fide as to the plaintiff, or that the delay was caused by fraud or concealment on the part of the defendant, have all been held to be reasonable excuses for delay in enforcing equitable rights. A person under a legal disability. as an infant, an idiot or lunatic, a married woman in some States. or other person legally ineompetent to bring an action. will not he considered as guilty of 'Inches until the disability ceases.
Tn comets of admiralty substantially the same principles as the above are followed, but the court is not bound by preeedents in State courts. See LIMITATION OF ACTIONS, and consult the au thorities referred to tinder PRACTICE: EQUITY.