view

The common law right of prospect; the outlook or prospect from the windows of one's A species of urban servitude which prohibits the obstruction of such prospect. The act or proceeding by which tribunal goes to an object which cannot be produced in court because it is immovable or inconvenient to remove, and there observes it. Conner v. Parker, Tex.Civ.App., 181 S.W.2d 873, 874.

An inspection by the jury of property in controversy, of an accident scene, of a place where a crime has been committed, etc. An inspection by the fact finding tribunal which is a species of real evidence. The appropriate procedures to be followed in connection with views are widely regulated by state statute.

At common law, and generally in civil cases today, the presence of the trial judge at a view is not required, the more common practice being for the jury to be conducted to the scene by "showers," expressly commissioned for the purpose. Attendance at the view by the parties and their counsel is generally permitted though subject to the discretion of the trial judge.

In criminal cases, the rights of the defendant to have the judge present at the view, and to be present himself, are frequently provided for by statute.

See also inspection

- plain view doctrine

@ view and delivery

In old English law, when a right of common was exercisable not over the whole waste, but only in convenient places indicated from time to time by the lord of the manor or his bailiff, it was said to be exercisable after "view and delivery."

@ view, demand of

@ demand of view

At common law, in real actions, the defendant was entitled to demand a view, that is, a sight of the thing, in order to ascertain its identity and other circumstances. As, if a real action were brought against a tenant, and such tenant did not exactly know what land it was that the demandant asked, then he might pray the view, which was that he might see the land which the demandant claimed.

See also view

@ viewers

Persons appointed by a court to make an investigation of certain matters, or to examine a particular locality (as, the proposed site of a new road), and to report to the court the result of their inspection, with their opinion on the same

@ view of an inquest

A view or inspection taken by a jury, summoned upon an inquisition or inquest, of the place or property to which the inquisition or inquiry refers

@ view of frank-pledge

In old English law, an examination to see if every freeman above twelve years of age within the district had taken the oath of allegiance, and found nine freeman pledges for his peaceable demeanor

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