20 



must not only be antecedent to the reign of 

 Richard I., but it must be produced and proved, 

 for it cannot (as in ordinary cases) be pre- 

 sumed, but the contrary, prima facie. 



The evidence then, with respect to a grant, 

 is extremely short, and if it possesses these 

 requisites, as to dates, &c., it appears from the 

 authorities I have before quoted, on its pro- 

 duction and proof it may succeed. 



His next claim is by Prescription, which 

 implies a former grant. 



Now, what is Prescription, and what are the 

 requisites necessary to support it ? and can it 

 in this case be implied ? 



1st. What is Prescription ? We are told 

 that " Prescription or custom presupposes an 

 original grant, which being lost by length of 

 time, immemorial usage is admitted as evi- 

 dence to show that it once did exist, and that 

 from thence such usage was derived." 2 Black. 

 Com. 30. 



Such appears to be Prescription or custom. 



2nd. What are its requisites ? 



We are told by another authority, that 



