View

DEMAND OF. In real actions, the defendant was entitled to demand a view, that is, a sight of the thing, in order to ascertain its identity and other circumstances; as, if a real action were brought against a tenant, and such tenant did not exactly know what land it was that the demandant asked, then he might pray the view, which was that he might see the land which the demandant claimed. Brown.

Inspection; a prospect See Ancient Lights; Nuisance; Viewers; 16 Am. L. Rev. 628; Wakefield v. R. R., 63 Me. 385.

^ Seeing, sight, examination by the eye; ocular inspection or survey: as, that a sheriff may arrest upon view, without process. See Akeest, 3 (3, 3). "Whence view of, and to view, a body. See Coroner. Whence also view, re-view, viewer, board of viewers, etc., as applied to an ocular examination, with report, upon the proposed route of a highway. See Review, 1; EoAB, 1. Whence, again, the views had by juries, of the spot where a crime is alleged to have been committed, of the location of a railroad upon property alleged to be damaged thereby, and the like. See Compensation, 3. In many States statutes provide for a view in civil and criminal cases. The first English statute was 4 Anne (1T06), c. 16. The general practice is to have the view after the jury has been impaneled. The ruling of Lord, Mansfield has been followed, that a view; T^ill be allowed only when, in the sound discretion of the court, it appears to be necessary or proper. From the enactments of the greater number of States it would appear that the court has power of its own motion to order the view. In a few States, however, the rule is otherwise. In Massachusetts, New Hampshire, South Carolina, Virginia, West Virginia, and Wisconsin, the authority to order the view seems to be confined to cases where it is asked by either party, and in Indiana, in criminal cases, it can only be allowed " with consent of all parties."; " The purpose is to enable the jury, by view of the premises, the better to understand the testimony and thereby the more intelligently to apply it to the issues; not to mal^e them silent witnesses, burdened with testimony unknown to the parties, and in respect to which no opportunity for cross-examination or correction of error, if any, could be afforded.'* In some States, the statutes provide for a special jury in cases involving the condemnation of land. At common law a view could not be allowed except by consent of parties. Under the constitutional right of the accused to be confronted with the witnesses against him, a view can only be had in his presence. The particular stage of the proceedings at which the view may be ordered seems to be left to the discretion of the court. 1 " With a view to a rehearing " means for the purpose of a rehearing. 2 VIGrlLANS. L. Awake: watchful, circumspect; attentive to one's own interests; vigilant; active. Vigilantibus, non dormientibus, leges subveniunt — or jura subveniunt or succurrunt. Those awake, not those asleep, the laws assist. Relief is not given to such as sleep on their lights. Legal remedies are for the active and vigilant. Another form is less vigilantibus favet: the law favors the vigilant. Applies to a surety who fails to know what ought to be known before he enters into a contract. Along with the maxim interest reipublicce, etc., expresses the principle of statutes for the limitation of actions. 3 See Laches; Stale.