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Updated: June 5, 2025
It is difficult to make foreigners understand those legal distinctions between the effects of forfeiture of escheat, and of conveyance, on which the professors of the law might build their opinions in this case.
"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.
Nae man's character is safe in their keeping; and they're sae fu' o' mischief that they hae even blawn into the king's lug that my tower o' Gilnockie was escheat to the king by the death o' my ancestor, who was hanged at Carlenrig. They say a' the mischief that has come on the Borders sin' the guid auld times, has its beginning in that coterie o' weazened gimmers.
The French refugees were uneasy that there was no provincial law to secure their estates to the heirs of their body, or the next in kin, and afraid that their lands at their death would escheat to the Proprietors, and their children become beggars, notwithstanding their utmost industry and application; and, in such a case, the sooner they removed from the colony the better it would be for themselves and their posterity.
"Yes, if he were anything but an American, I might wish he were my heir," returned Sir Wycherly, in a melancholy tone; "but it would be worse than to let the lands escheat, as you call it, to place an American in possession of Wychecombe. The manors have always had English owners, down to the present moment, thank God!" "Should they have any other, it will be your own fault, Wycherly.
In the latter case, the Chevalier de Mezieres, a subject of France, stands foremost, as being made capable of the inheritance by the treaty between this country and the United States. Under the regal government, it was the practice with us, when lands passed to the crown by escheat or forfeiture, to grant them to such relation of the party as stood on the fairest ground.
Does not Spenser gather many a metaphor from these weeds, that are most apt to grow in fattest soil? Has not Spenser his law-terms: his capias, defeasance, and duresse; his emparlance; his enure, essoyn, and escheat; his folkmote, forestall and gage; his livery and seasin, wage and waif?
An Act passed in 1830 provides and declares that all lands within the State "are allodial, so that, subject only to the liability to escheat, the entire and absolute property is vested in the owners according to the nature of their respective estates." By this Act "all feudal tenures of every description, with all their incidents," were "abolished."
"Being the fountain of honour, he will be rather indifferent about the baronetcy." "I should care less if it went to the next sovereign, who is English born. Wychecombe has always belonged to Englishmen." "That it has; and ever will, I trust. You have only to select an heir, when I am gone, and by making a will, with proper devises, the property will not escheat.
A Protest against Law Taxes, printed in 1793, was published in 1795 together with Supply without Burthen, or Escheat vice Taxation, written in 1794. During this period Bentham was also occupied with the Panopticon, and some writings refer to it. About 1802 Bentham returned to jurisprudence.
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