A Treatise of the Exchequer and Revenue of Ireland, Volume 1

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J.A. Husband, 1776 - Finance - 440 pages

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Page 146 - Latin thesaurus inventus, which is where any money or coin, gold, silver, plate, or bullion, is found hidden in the earth, or other private place, the owner thereof being unknown; in which case the treasure belongs to the king; but if he that hid it be known, or afterwards found out, the owner, and not the king, is entitled to it.
Page 153 - The natural justice of forfeiture or confiscation of property, for treason, is founded in this consideration: that he who hath thus violated the fundamental principles of government, and broken his part of the original contract between king and people, hath abandoned his connexions with society: and hath no longer any right to those advantages, which before belonged to him purely as a member of the community: among which social advantages the right of transferring or transmitting property to others...
Page 160 - I. ; which provided, that no person, religious or other whatsoever, should buy, or sell, or receive under pretence of a gift, or term of years, or any other title whatsoever, nor should by any art or ingenuity appropriate to himself, any lands or tenements in mortmain : upon pain that the immediate lord of the fee, or, on his default for one year, the lords paramount, and, in default of all of them, the king, might enter thereon as a forfeiture. THIS...
Page 153 - ... if a traitor dies before judgment pronounced, or is killed in open rebellion, or is hanged by martial law, it works no forfeiture of his lands; for he never was "attainted of treason...
Page 153 - But though, after attainder, the forfeiture relates back to the time of the treason committed, yet it does not take effect unless an attainder be had, of which it is one of the fruits ; and therefore, if a traitor dies before judgment...
Page 145 - ... and ligan. Jetsam is where goods are cast into the sea, and there sink and remain under water ; flotsam is where they continue swimming on the surface of the waves ; ligan is where they are sunk in the sea, but tied to a cork or buoy, in order to be found again.
Page 150 - ... case of other felony, for only a year and a day ; after which time it goes to the lord in a regular course of escheat...
Page 152 - ... to his posterity, in all cases where they are obliged to derive their title through him from any remoter ancestor. The channel which conveyed the hereditary blood from his ancestors to him, is not only exhausted for the present, but totally dammed up and rendered impervious for the future. This is a refinement upon the ancient law of feuds, which allowed that the grandson might be heir to his grandfather, though the son in the intermediate generation was guilty of felony.
Page 156 - ... time ; and no buyer could be fafe, if he were liable to return the goods which he had fairly bought, provided any of the prior vendors had committed a treafon or felony.
Page 148 - The last consequence of tenure in chivalry was escheat; which is the determination of the tenure, or dissolution of the mutual bond between the lord and tenant, from the extinction of the blood of the latter by either natural or civil means: if he died without heirs of his blood, or if his blood was corrupted and stained by commission of treason or felony ; whereby every inheritable quality was entirely blotted out and abolished. In such cases the land escheated, or fell back, to the lord of the...

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