PATTERSON v. M'CAUSLAND.—3 BLAND. 57

the growth of trees, a concentric layer of wood under the bark
is a regular and invariable annual formation or not? This is a
question involving an inquiry into the physiology of forest trees,
which merits a most careful consideration.

The law respects the regular course of nature in every way;
and, consequently, in all cases, in so far as the course of nature is
known, all such facts, as well in regard to the revolution of the
seasons, as to animals and vegetables; as the mating of birds, and
their co-operation in rearing their young, the blooming time of
roses, and the like, are received as being in themselves, entirely
trustworthy; or as facts from which inferences as to the truth of
other facts may be safely drawn. Co. Lilt. 40, 92, 197; 1 Stark.
Evid, 472, note; 4 Stark. Evid. 1244; The Cane of Swans, 7 Co. 89.
In questions of bastardy, the time of access being proved, the
known term of gestation, reckoning from the time of birth, is
always received as a most satisfactory kind of presumptive evi-
dence. Co. Lift. 123, b, note; The King v. Luffe, 8 East, 193. So
too, in all the various questions in relation to the right of property,
connected with a continuance of life, facts, so far as they are
known, in regard to the * probability, the expectation, and ,
the average duration of human life, have always been, in 72
like manner, admitted as evidence; or, as a ground from which pre-
sumptive evidence of the existence of other facts may be fairly
deduced. Doe v. Jesson, 6 East, 84; Doe v. Griffin, 15 East, 293;
Doe v. Deakin, 6 Com. Law Rep. 476. And there can be no doubt,
that the regular and known course of nature in the formation of
vegetables may be as safely relied on as direct, or as presumptive
evidence, as in that of annuals. The only point of difficulty , as
to both, being the establishment of the truth of that which is al-
leged to be the uniform and regular course of nature.

Little seems to be known as to the duration of the lives of trees
of any kind; and yet, as a man may have an inheritance in fee
simple, in lands as long as such tree shall grow, Richard Lifford's
Case, 11 Co. 49; Ayres v. Falkland, 1 Ld. Raym. 326; Com. Dig.
Tit. Estates by Grant, A. G; 2 Bac. Com. 109; it might become as
important to ascertain the expectation of the life of such a tree, in
order to set a present value upon such a base fee. as to ascertain
the expectation of the life of a cestui que vie, for the purpose of
putting a present value upon an estate for life. The olive tree, so
highly valued for its fruit from the most remote ages to the present
time, is said to be remarkable for its longevity. The ancients
limited its existence to two hundred years, but modern authors
assert, that in climates suited to its constitution, it survives its
fifth century. 2 Michaux Amer. Sylva. 57. But it is believed, that
few of the common fruit trees of our country, apple, pear or cherry,
live to an hundred years of age.