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72 PATTERSON v. M'CAUSLAND.
probability, the expectation, and the average duration of human
life, have always been, in like manner, admitted as evidence; or,
as a ground from which presumptive evidence of the existence of
other facts may be fairly deduced, (d) 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 animals. The only point of difficulty, as
to both, being the establishment of the truth of that which is
alleged 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; (e) 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 pur-
pose 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 an-
cients limited its existence to two hundred years, but modern authors
assert, that, in climates suited to its constitution, it survives its
fifth century, (f) 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.
By the common law of England, where the owner of a forest, in
which others had a right of common for their cattle, felled the tim-
ber trees, he was allowed to inclose it so as to exclude such com-
monable cattle for three years thereafter, to prevent them from
browzing and eating down the young spring before it had grown
up beyond their reach; which term of inclosure was, by a statute
passed in the year 1482, extended to seven years, for the more
effectual preservation of the young growth; (g) which new growth,
it has been held in England, will attain a sufficient size to be cut
as timber fit for many uses at twenty years of age. (h) But the
plantations which have been made in modern times, in England, so
(d) Doe t. Jesson, 6 East 84; Doe 9. Griffin, 15 East. 293; Doe v. Deakin, 6
Com. Law Rep. 476.—(e) Richard Lifford's case. 11 Co. 49; Ayres r. Falkland, 1
Ld. Raym. 326; Com, Dig. tit Estates by grant, A. 6; 2 Blac. Com. 109.—{f) 2
Michaux Amer. Sylva, 57.~-(g) 22 Ed. 4, c. 7; Sir Francis Barrington's case, 8 Co.
27l 6 Jac. Law Dic.. 450 v. Wood—(h) 35 Hen. 8, c. 17; 13 Eliz, c, 12, F. N. B.
59; 2 Inst. $42; Bac. Abr. tit. Tythes, C. 4; Richard Lifford's case, 11 Co.47; 2
Mich, Am. Sylva, 144.
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