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History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.235

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.235

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English

v4.c63.235

⁴⁵⁵ Under the Law of England 'Time immemorial or time whereof the memory of man runneth not to the contrary' was considered to include the whole period of time from the reign of Richard I. This was a very inconvenient and absurd rule which was abrogated by sec. 1 of the Prescription Act of 1832 (2 and 3 William IV, chap. 71) whereby the rights to any land became absolute and indefeasible by sixty years' uninterrupted enjoyment before that Act (except when the enjoyment was by some consent or agreement made under a deed). By French Law the time of memory was held to extend for one hundred years as done by the Mit. and other Sanskrit digests. Vide Salmond's Jurisprudence (9th ed. of 1937) p. 265-note *y*.