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Updated: May 13, 2025
Objectionable as many parts of the bill undoubtedly were, nobody who knew the House of Commons believed it to be possible to carry any amendment. The King flattered himself that a motion for leaving at his disposal a third part of the forfeitures would be favourably received. There can be little doubt that a compromise would have been willingly accepted twelve months earlier.
The justice and government of a town lay wholly in its master's hands; he appointed its bailiffs, received the fines and forfeitures of his tenants, and the fees and tolls of their markets and fairs. But in fact when once these dues were paid and these services rendered the English townsman was practically free. His rights were as rigidly defined by custom as those of his lord.
Ah! that was a time when the whilom "Cupid's" boast, "Civis Anglicanus sum," was not an empty claim, as it is in these days of poverty-stricken "retrenchments," and senile forfeitures of all that made England great and grand through five hundred years of history! But the Barnard case you must have heard of that, surely?
Practice, Pleading, and Evidence. 3. Crime and Forfeitures. 4. Natural and International law. 5. Constitutional Law. 6. Civil Law. 7. Persons and Personal Property. 8. The Law of Executors and Administrators. As introductory to this head, Lord Hale's History of the Common Law may be perused with advantage. It was perhaps a mere sketch, intended to be afterwards filled up and completed.
In the third Session of the Parliament, convened on the 2nd June, 1794, an Act was passed for the regulation of juries; a Superior Court of Civil and Criminal Jurisdiction was established, and a Court of Appeal regulated; a Court was established for the cognizance of small causes in every district; the Lieutenant Governor was empowered to license practitioners in the law; fines and forfeitures reserved to His Majesty for the use of the Province were to be accounted for; the Assessment Act for the payment of wages to the Assembly was amended; the militia was further regulated; horned cattle, horses, sheep, and swine were not to run at large; the Gaols and Court Houses Act was amended; a duty of one shilling and three pence per gallon was laid upon stills, and the manner of licensing public houses was regulated.
It is so in many other institutions in the histories of all nations. That such a penalty may have prevented a certain number of treasons and forfeitures we willingly admit, but one cannot expect it to preserve all the whole body of chivalry from that decadence from which no institution of human establishment can escape.
The very fulfillment of those functions which made the accumulation of capital possible, rendered it impossible for the government to do its work except at the expense of the capitalists. It was no longer possible to support armies by booty, or courts by fines and forfeitures. The expense of maintaining order had to be paid by its friends instead of by its enemies.
Whereas, with reference to said rebellion and treason, laws have been enacted by Congress, declaring forfeitures and confiscations of property and liberation of slaves, all upon terms and conditions therein stated, and also declaring that the President was thereby authorized at any time thereafter, by proclamation, to extend to persons who may have participated in the existing rebellion, in any State or part thereof, pardon and amnesty, with such exceptions and at such times and on such conditions as he may deem expedient for the public welfare; and
A perpetual revenue was provided from "stoppages and fines imposed by court-martial," "forfeitures on account of desertion," a certain portion of the hospital and post fund of each station, moneys belonging to the estates of deceased soldiers not claimed for three years; also a deduction of twenty-five cents per month with his consent from the pay of each enlisted man.
James seemed to take a pleasure in loading with wealth one whom he regarded as his own convert. All fines, all forfeitures went to Sunderland. On every grant toll was paid to him. If any suitor ventured to ask any favour directly from the King, the answer was, "Have you spoken to my Lord President?" One bold man ventured to say that the Lord President got all the money of the court.
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