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'What sort of a thing, he asked, 'is a natural right, and where does the maker live, particularly in Atheist's Town, where they are most rife? Escheat vice Taxation, Bentham's Works, vol. ii. p. 598. Bentham himself believed that he had found the standard in the fact that all men seek pleasure and avoid pain. In that respect men were measurable and comparable.
At Cardiff Castle the Lord had his chancery, like the royal chancery on a small scale issuing writs, recording services and grants of privileges, and legal decisions: practically the whole of these records have been lost and our knowledge of the organisation of the Lordship is mainly derived from the royal records at times, when owing to minority or escheat, the Lordship was under royal administration.
In a word, this branch of the family of Wychecombe would be extinct, when Sir Wycherly died, and the entail become useless. Not a female inheritor, even, or a male inheritor through females, could be traced; and it had become imperative on Sir Wycherly to make a will, lest the property should go off, the Lord knew where; or, what was worse, it should escheat.
And a young gallant, Neerbale by name, who by reckless munificence had wasted all his substance, having discovered that she was alive, addressed himself to the pursuit of her, and, having found her in time to prevent the confiscation of her father's estate as an escheat for failure of heirs, took her, much to Rustico's relief and against her own will, back to Capsa, and made her his wife, and shared with her her vast patrimony.
It is true that the ostensible ground of Canning's dissatisfaction was the violation of a promise, but what title had he to claim this promise, or to exact its fulfilment, if the escheat belonged as of right to Scindiah?
Complaints had arisen that the Jews, by purchase, or probably foreclosure of mortgage, might become possessed of all the rights of lords of manors, escheat wardships, even of presentation to churches. They might hold entire baronies with all their appurtenances. The whole was swept away by one remorseless clause.
Dejected at the thoughts of labouring they knew not for whom, if their children could not reap the fruits of their labours, or if their estates should escheat to the proprietors at their decease, they could consider themselves only as deceived and imposed upon by false promises and prospects.
The repeal of the law of entailments all those acts that control the alienation of property, its disposal by will, its passing to heirs by descent, with the question, who shall be heirs, and what shall be the rule of distribution among them, or whether property shall be transmitted at all by descent, rather than escheat to the state these, with statutes of limitation, and various other classes of legislative acts, serve to illustrate the acknowledged scope of the law-making power, even where property is in every sense absolute.
But property, property! the right of escheat over lands which one neither occupies nor cultivates, who had authority to grant it? who pretended to have it? "Agriculture alone was not sufficient to establish permanent property; positive laws were needed, and magistrates to execute them; in a word, the civil State was needed.
Of course, a single heir in each of three generations would carry the title down clear till to-day; provided, of course, that there was no escheat to the government that all the taxes had been kept up. Very well. That means that it is at least a legal possibility for a living heir to-day to have title to those Loisson lead mines, which are very valuable.
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