PRESCRIBE
A Law Dictionary · 1910 · p. 19
To a ert a right or title to the enjoyment of a thing, on the ground of having hitherto had the uninterrupted and immemorial enjoyment of it. To direct; define; mark out. ·In modern statutes relating to matters of an administrative nature, such as procedure, registration, etc., it is usual to indicate in general terms the nature of the proceedings to be adopted, and to leave the details to be prescribed or regulated by rules or orders to be made for that purpose in pursuance of an authority contained in the act. Sweet. And see Mans field v. People, lot Ill. 611, 45 N. E. 976; Ex parte Lothrop, 118 u. S. 113, 6 Sup. Ct. 984, 30 L. Ed. 108; Field v. Marye, 83 Va. 882, S S. E. 707. PRESCRIPTION, A ·mode of acquiring title to incorporeal hereditaments grounded on the fact of immemorial or long-continued enjoyment. See Lucas v. Turnpike Co., 36 w. Va. 427, 15 S. E. 182; Gayetty v. Bethune, 14 Ma . 52, 7 Am. Dec. 188; Louisville & N. R. Co. v. Hays, 11 Lea (Tenn.) 388, 47 Am. Rep. 291; Clarke v. Clarke, 133 Cal. 667, 66 Pac. 10.; Alhambra Addition Water Co. v. Richardson, 72 Cal. 598, 14 Pac. 379; Stevens v. Dennett, 51 N. H. 329. Title by pi;escriptlon is the right which a po e or acquires to property by reason of the continuance of his po e ion for a period of time fixed by the laws. Oode Ga. 1882, I 2678. "Prescription" is the term usually applied to incorporeal her!l9it aments, while "adverse po e ion" is applied to lands. Hindley v. Metropolitan El. R. Co., 42 Misc. Rep. 56, 85 N. Y. Supp. 561. In Louisiana, prescription is defined as a manner of acquiring the ownership of property, or discharging debts, by the effect of time, and under the conditions regulated by law. Each of these prescriptions has its special and particular definition. The pre- [s. 939]
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