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These writs, however, in cases of misdemeanour, are not allowed, of course, but on probable cause shown to the Attorney General; and then they are understood to be grantable of common right, and ex debito justitiæ. The crown, if every other resource has failed the prisoner, has always the power of exercising the most amiable of its prerogatives.
Lands that were not cultivated by the proprietor within a limited time were declared grantable to any other person. In Pennsylvania there was no right of primogeniture, and in the provinces of New England the eldest had only a double share. There were no tithes in any of the States, and scarcely any taxes.
The colony law, which imposes upon every proprietor the obligation of improving and cultivating, within a limited time, a certain proportion of his lands, and which, in case of failure, declares those neglected lands grantable to any other person; though it has not perhaps been very strictly executed, has, however, had some effect.
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