72 PROTECTION AGAINST MAN. 



(a) It may be iialmalb/ : as where the dominant estate dis- 

 appears {e.[i. river dihivion), or where the personal right-holder 

 dies without heirs. 



(b) It may be that the forest is mia)»le to satisfy the require- 

 ments of the right; here the right must remain in abeyance, 

 till the forest has recovered from the calamity which caused 

 the inability. Where the rights are permanently in excess of 

 the yield-power of a normal forest, then the law usually provides 

 express terms for dealing with the difficulty.* 



(c) When the right-holder becomes (l)y will, purchase, etc.) 

 owner of the servient estate, or where the dominant estate 

 is acquired by the servient estate, the lesser right merges into 

 the greater. 



(d) Where the right-holder .Hiihinits to an interruption, or 

 acquiesces in an act on the part of the servient owner who pre- 

 vents the exercise (of course having notice of the interruption), 

 the right will be lost if no action is taken for one year A It 

 may be that the right-holder himself discontinues or intermits 

 the exercise of his right. In England, it is a question of fact 

 for the jury, whether the discontinuance was long enough or 

 under such circumstances, as to give rise to a conclusion that 

 the right was abandoned. In India, the matter has been settled 

 by legislation (Act XV. of 1877, sect. 26 Exp.). Two years' 

 intermission (under the conditions stated in the Act) will cause 

 the right to terminate. 



Of course in all cases, as a right can be gained by prescription 

 so it can be lost by complete non-user for the whole legal i)eriod 

 of prescription. 



(e) Lastly, the right may terminate when, either by friendly 

 agreement, or (if the law prescribes) by compulsory process, 

 the right is commuted or bought-out on paying compensation.! 



* See Baden-rowell, "Forest Law," pj). 2!t3, 'MV.), :{7S. 



t For England, see 2 & H Will. 4, c. 71. The Indian law is similar: see 

 sect. 2G, Act XV. of 1877. 



I Explained in Danckclmann's " Die Ablosung und Rcgolung der Waldgrund- 

 gerechtigkeiten." Cooke's " Wingrove on Enclosures," 1864 (referring to the 

 multitudinous and complicated Enclosure Acts). Baden-I'owell, " Forest Law," 

 pp. 367 — 893 (where an aljstract of the German law is given). Meaume, "Usage 

 Forestier " (reprinted from the " Repertoire de Legislation," Nancy, 1861). 



