Laches

1 Neglect, negligence; default.^ Inexcusable delay in asserting a right.

ATI infant loses nothing by non-claim or neglect to demand his rights; nor, in general, shall any other " laches " or negligence be imputed to him.' Neglect to do something which by law a man is obliged to do.* Such neglect or omission to do what one should do as warrants the presumption that he has abandoned his claim, and declines to assert his right.s The term implies knowledge of one's rights.' The law of laches was dictated by experience, and is founded m a salutary policy. The lapse of time carries with it the memory and the life of witnesses, the muniments of evidence, and other means of proof. The law is necessary to the peace, repose, and welfare of society.' If the case of the plaintiff, as stated in his bill, will not entitle him to a decree, the judgment of the court maybe required by demurrer whether the defendant ought to be required to answer the bill,' Where, from delay, no correct account can be taken, and any conclusion the court may arrive at must at best be conjectural, and the original transaction has become so obscured by lapse of time, loss of evidence, and death of parties, as to render it difB- ■ F. lache, indolent, lax: L. laxus, loose. 5 [1 Bl. Com. 247; 3 id. 317; 4 id. 403. • [1 Bl. Com. 465. •Sebag V. Abitbol, 4 Maule & S. 463 (1816), Ellenborough, C. J. « Wissler v. Craig, 80 Va. 30 (1885), Eiohardson, J. » Massie v. Heiskell, 80 Va. 805 (1885). ' Brown v. County of Buena Vista, 95 U. S. 161 (1877), Swayne, J. See also 77 Va. 576, 688. cult to do justice, the case is one of " laches," and the court will not relieve the plaintiff. ^ The question is one of fact, is an equitable defense determinable by the particular facts.' Laches is not imputable to the government: upon considerations of public policy. The government acts through agents, and these are so numerous and scattered that the utmost vigilance would not save the public from serious loss, if the doctrine applied.* The rule Is essential to the preservation of the interests and property of the public. The state's agents have not the incentive of personal interest to prosecute her claims.* See Estoppel; Delay; Disability; Limitation, 3; Reform; Rescission; Stale.