laches

Laches is not, like limitation, a mere matter of time; but principally a question of the inequity of permitting the claim to be enforced,—an inequity founded upon some change in the condition or relations of the property or the parties.

lachesse, lasches, I fr. and something which by law one is asserting a right

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.

Negligence.

Slackness; neglect; remissness; delay or neglect in making a claim or enforcing a right, which, if not excused, as by ignorance or legal disability, will operate to bar a remedy which it is discretionary with the court to afford. Jacob (Dict.) considers that "probably it may be an old English word; for when we say there is laches of entry, it is all one as if it were said there is a lack of entry; and in this signification it is used." In modern law-books, laches is most frequently found in discussions upon the effect of a party's delay to assert his claim to some equitable right or remedy. The time within which a plaintiff may sue at law is quite definitely fixed by statutes of limitations, which cover the ground so fully that the only question mooted as to loss of the right to bring a legal action is whether it is "barred" by the statute. Courts of equity generally follow the statutes of limitations, in cases to which they apply. There is, however, a broad field of equitable jurisdiction, in which the appeal of the complainant is so far to the discretion or conscience of the chancellor, that he may refuse relief, upon the ground that, under the circumstances of the case, the complainant's delay to proceed has been so great that it would be inequitable to disturb defendant in his possession. It is in this class of cases that the doctrine of laches is chiefly discussed and applied; and, in this connection, the word signifies such a delay to sue, to make a demand or a tender, to take possession, or the like, as warrants a court of equity in refusing relief which it might probably have granted had the party taken seasonable steps to secure his rights. A similar question is often raised in objection to a suit in admiralty, in reference to claims as to which no statute of limitations prescribes a definite rule. Admiralty courts exercise a discretion in refusing to entertain a suit, where unreasonable delay, operating to defendant's prejudice, has occurred. The word laches is sometimes used in connection with this feature of admiralty practice; but the phrase more commonly employed is to say that the claim has become "stale."