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Updated: May 5, 2025
"It is said they intend, in reply to Major Broadfoot's remonstrance, to allege that the fact of our having collected so large a force, with all the munitions of war, on the frontier, is the cause of the concentration of their forces on the Sutlej; that they intend to demand the reasons of our preparations; to insist on the surrender to the Lahore government of the treasure which belonged to the late Rajah Soocheyt Singh; the restoration by the Rajah of Nabba of the village of Mowran, escheated by the Rajah, and the escheat confirmed by us; and henceforth the free passage of their troops into the Lahore possessions on this side the Sutlej.
"And furthermore," he proceeded, "M. Casanova's suspicion that you were going to assassinate him is justified by your giving a false name, for the plaintiff maintains that you are not Count Marazzani at all. He offers to furnish surety on this behalf, and if M. Casanova does you wrong, his bail will escheat to you as damages.
In another letter, he observes "The King has been pleased, this very day, to give me a gift of all Fraserdale's escheat." Still, however, one thing was wanting; the rapacious Lovat had not obtained his former enemy's plate; General Wightman had taken possession of it as from the person with whom it was deposited; and he was celebrated for his unwillingness to part with what he had gained.
The extension of British rule to the Punjab became inevitable after a Sikh rising compelled him to complete what his predecessor, Lord Hardinge, had begun, and break once and for all the aggressive power of the Sikh Confederacy; but the rigorous application to the native States of the doctrine of lapse or escheat whenever the ruler died without a recognised heir, and the forcible annexation of the kingdom of Oudh as a penalty incurred by the sins, however gross, of the reigning dynasty have been often condemned as grave errors of judgment.
Had there been descendants of females, even, to interfere, no such opinion would have existed; but, as between an escheat, or a devise in favour of a filius nillius, or of the descendant of a filius nullius, the half-blood possessed every possible advantage.
He was to use his endeavors to dispose of their lands; but to take nothing less than twenty pounds for a thousand acres; and, in all future grants to make them escheat to the Proprietors, unless a settlement be made on them within the space of four years.
Lincoln, not yet convinced of the danger and magnitude of the crisis, was endeavoring to persuade himself of Union majorities at the South, and to carry on a war that was half peace in the hope of a peace that would have been all war, -while he was still enforcing the Fugitive Slave Law, under some theory that Secession, however it might absolve States from their obligations, could not escheat them of their claims under the Constitution, and that slaveholders in rebellion had alone among mortals the privilege of having their cake and eating it at the same time, the enemies of free government were striving to persuade the people that the war was an Abolition crusade.
And upon refusal of said bond, they were to be put to the horn, and their escheat or forfeiture given to their masters.
And therefore it would seem that in such a case the tenant could refuse to pay him rent, and that payment to him would be no defence against the true owner. /1/ Nevertheless, if the tenant recognized him, the disseisor would be protected as against persons who could not show a better title. /2/ Furthermore, the rent was so far annexed to the land that whoever came by the reversion lawfully could collect it, including the superior lord in case of escheat. /3/ Yet escheat meant the extinction of the fee of which the lease and rent were parts, and although Bracton regarded the lord as coming in under the tenant's title pro herede, in privity, it was soon correctly settled that he did not, but came in paramount.
Then the forfeited estate of the Temple, presenting ready access by water, at once struck the advocates of the Court of Common Pleas at Westminster, and the students who were candidates for the privilege of pleading therein, as a most desirable retreat, and interest was made with the Earl of Lancaster, the king's first cousin, who had claimed the forfeited property of the monks by escheat, as the immediate lord of the fee, for a lodging in the Temple, and they first gained a footing there as his lessees.
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