Escheat occurs when unclaimed financial assets, such as those in a bank or investment account, have been dormant for a long period of time.
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"We're seeing a trend among states to shorten the dormancy period before deeming accounts to be abandoned," Salmon says, describing the escheat process for taking over funds.
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He also stipulated the escheat (reversion) of his Pomeranian lands, would he die without heirs.
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This is the main difference between escheat and bona vacantia, as in the latter, a grant takes place automatically, with no need to 'complete' the transaction.
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Roger went to the Court of Chancery to try to vindicate his position, supported by Joan and Harley. Richard II's lawyers argued that the properties should escheat to the Crown while the young Elizabeth was still a minor. In 1384, Richard II commissioned an inquisition by Robert Belknap and Robert Charleton, which seems to have decided for the escheat. Roger Corbet then took legal action to recover the estates and gained them in 1385.
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The great lords gained by ending the practice of subinfeudation with its consequent depreciation of escheat, wardship and marriage. History would indicate the great lords were winners as well as the Crown, since land bought from lowly tenants had a tendency to stay within their families, as has been noted above. Quia Emptores allowed freemen to sell their rights to tenancy or rights of inheritance in land. The process of escheat was affected by Quia Emptores.
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In hopes of finally solving the fractionation problem, Congress passed the Indian Land Consolidation Act in 1983.The modern version of the Indian Land Consolidation Act is currently codified at Title 25, Chapter 24, U.S. Code Section 207 of the act provided that: > No undivided fractional interest in any tract of trust or restricted land > within a tribe's reservation or otherwise subjected to a tribe's > jurisdiction shall descedent [sic] by intestacy or devise but shall escheat > to that tribe if such interest represents 2 per centum or less of the total > acreage in such tract and has earned to its owner less than $100 in the > preceding year before it is due to escheat. The statute did not make any provisions for the payment of compensation to the holders of the fractional interests which were to escheat to the tribe.
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Logically therefore it was in the occupation of the crown alone, that is to say in the royal demesne. This was the basic operation of an escheat (excadere), a failure of heirs. Escheat could also take place if a tenant was outlawed or convicted of a felony, when the King could exercise the ancient right of wasting the criminal's land for a year and a day, after which the land would revert to the overlord. (However, one guilty of treason (rather than mere felony) forfeited all lands to the King.
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An Inquisition post mortem (abbreviated to Inq.p.m. or i.p.m., and formerly known as an escheat)Maxwell-Lyte, Introduction, uses the term "inquisition post mortem" and states they were "formerly known as 'escheats'". Modern academic usage favours the term Inq.p.m.
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An Oregon resident died and their only heirs were residents of East Germany. When the heirs tried to claim their inheritance, the Stand Land Board attempted to escheat the funds because East Germany would not allow the inheritance if the countries involved were reversed.
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355–366, Cambridge University Press, 1968 Thus, under English common law, there were two main ways an escheat could happen: # A person's lands escheated to the immediate overlord if he was convicted of a felony (but not treason, in that event the land was forfeited to the Crown). If the person was executed for felony, his heirs were attainted, i.e. were ineligible to inherit. In most common-law jurisdictions, this type of escheat has been abolished outright, for example in the United States under Article 3 § 3 of the United States Constitution, which states that attainders for treason do not give rise to posthumous forfeiture, or "corruption of blood".
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Roger de Clifford died 13 July 1389, being then possessed of enormous estates, chiefly situated in Yorkshire, Northumberland, Cumberland, and Westmoreland, but spread over several other counties.(Dugdale, i. 341; Escheat Rolls, iii. 113) He was succeeded by his son Thomas de Clifford, 6th Baron de Clifford.
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The term "escheat" derives ultimately from the Latin ex-cadere, to "fall-out", via mediaeval French escheoir.Collins Dictionary of the English Language, London, 1986, p.520 The sense is of a feudal estate in land falling-out of the possession by a family into possession by the overlord.
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Later in 1529, an escheat of goods of Awlane Ardincapill of that Ilk is recorded. According to the 19th- century historian Joseph Irving, an early laird of Ardincaple was Alexander de Ardincaple, who in 1473, served on the inquest of the Earl of Menteith.Irving 1879, 2: pp. 294–302.
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Hodel v. Irving, 481 U.S. 704 (1987), is a case in which the U.S. Supreme Court held that a statute ordering the escheat of fractional interests in real property which had been bequeathed to members of the Oglala Sioux tribe was an unconstitutional taking which required just compensation..
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Texas v. New Jersey, 380 U.S. 518 (1965), is a United States Supreme Court decision handed down on February 1, 1965. Concerning the authority of the state to escheat, or take title to, unclaimed personal property, the Court was petitioned, under its power of original jurisdiction, to adjudicate a disagreement between three states, Texas, New Jersey, and the Commonwealth of Pennsylvania, over which state had the jurisdiction to escheat intangible personal property, such as debts. Recognizing the lack of any extant constitutional or statutory formula to decide jurisdiction, the Warren Court accepted the case, assigning a Special Master to compile evidence and recommend a solution that the states could use for similar cases in the future.
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A service was an obligation on the part of the tenant owed to the landlord. The most important were payment of rent (socage tenure), military service (Knight-service), the performance of some form of religious service (frankalmoin) and personal/official service, including in times of war (serjeanty tenure). Incidents, on the other hand, were rights conferred on the lord over the tenant's land or the tenant's person that arose in certain circumstances, most commonly on the death of the tenant. An important incident was that of escheat, whereby the land of the tenant by knight service would escheat to the Crown in the event either of there being no heirs, or the knight's being convicted of a felony.
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Adopting the Special Masters suggestions, the Court, in a decision authored by Justice Hugo Black, ruled that the authority to escheat intangible personal property lay with the state of the creditor's last known address, rather than the state of the debtor's incorporation or headquarters, a formula used in previous cases.
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After leaving the court, Garoute practiced law in San Francisco. In 1904, California Attorney General Ulysses S. Webb hired Garoute to pursue litigation concerning the state escheat fund. In 1908, he served as a member of the state Banking Commission. Following the San Francisco earthquake and fire of 1906, he moved to Berkeley, California.
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Any deposit unclaimed after seven years would escheat to the State. At the time of receipt, IPL did not treat the deposits as income for tax purposes. The Internal Revenue Service (IRS) audited the utility and assessed a tax deficiency. IPL appealed this assessment to the United States Tax Court, which sided with IPL.
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Three years later, in 1437 he confirmed to them the complete investiture of this territories by Escheat, so that upon the death of the childless Konrad VII they could reverted to the Kingdom. Two years later, Konrad V died of the plague. The guardianship of his minor sons was taken by his brother Konrad VII.
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In the United Kingdom, The Crown is held to be the ultimate owner of all real property in the realm. This fact is material when, for example, property has been disclaimed by its erstwhile owner, in which case the law of escheat applies. In some other jurisdictions (not including the United States), real property is held absolutely.
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In feudal England, escheat referred to the situation where the tenant of a fee (or "fief") died without an heir or committed a felony. In the case of such demise of a tenant- in-chief, the fee reverted to the King's demesne permanently, when it became once again a mere tenantless plot of land, but could be re-created as a fee by enfeoffment to another of the king's followers. Where the deceased had been subinfeudated by a tenant-in-chief, the fee reverted temporarily to the crown for one year and one day by right of primer seisin after which it escheated to the over-lord who had granted it to the deceased by enfeoffment. From the time of Henry III, the monarchy took particular interest in escheat as a source of revenue.
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The government owned large tracts of farmland (ager publicus) that it had gained through conquest or escheat (acquisition from owners who had died without heirs); this it rented out to large landholders who used their slaves to till it or who sub-leased it to small tenant farmers.Flower, pp. 90-91 There was some social mobility and limited suffrage.Flower, p.
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In a dissenting opinion Justice Potter Stewart adhered to the rule established in previous cases that the power to escheat lay with the state of the debtor's incorporation. Noting three previous cases in which this rule had been used, Standard Oil Co. v. New Jersey, 341 U.S. 428; Anderson Nat. Bank v. Luckett, 321 U.S. 233; Security Savings Bank v.
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When such lands become owner-less they are said to escheat; i.e., return to direct ownership of the Crown (Crown lands). Bona vacantia is the royal prerogative by which unowned property, primarily unclaimed inheritances, becomes the property of the Crown. The monarch is the living embodiment of the Crown and, as such, is regarded as the personification of the state.
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The ruling in Late Corporation would have directed federal escheat of substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the U.S. Attorney for The Utah Territory reported seizing only $381,812 in assets.Paul G. Kauper & Stephen C. Ellis, "Religious Corporations and the Law," 71 Mich. L. Rev. (1972-1973), 1499, 1517.
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As a result, on 5 July 1568, at Edinburgh, Casper Home was granted an escheat of the goods of Robert Lawder of The Bass, including his cattle and other goods on the steading and lands of Eddringtoun and the dues of the mill thereof, in the sheriffdom of Berwick, the said Robert being convicted, become in will, fugitive or at the horn for taking part with Archibald Earl of Argyll, Claud Hammiltoun, and others at Langsyde or for not finding surety to underlie the law for art and part in the slaughter there of one James Ballany. (Donaldson, 1963.) This escheat was later removed by a Precept of Remission. The next laird of Edrington of note was Robert Lauder of the Bass's 4th son, a cleric, George, then Rector of Auldcathy, a Lauder possession in Fife. In charter of The Great Seal (no.
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13 was the first of a long series directed against the acquisition of land by religious and charitable corporations. In 1285 the statute De Donis Conditionalibus13 Edw. I. c. 1 forbade the alienation of estates granted to a man and the heirs of his body, which before the statute usually became on the birth of an heir at once alienable, and so the lord lost his escheat.
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John M. Coffee in 1922 he was appointed Secretary to United States Senator C.C. Dill until 1924. He then became Secretary of the Advisory Board of the National Recovery Administration, 1933-1935. Coffee also served as Appraiser and examiner of Pierce County, Washington for the State Inheritance Tax and Escheat Division from 1933-1936 as well as Civil service commissioner for Tacoma, Washington, in 1936.
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Saudefaldene is a hydroelectric power company in Sauda, Norway. It was founded in 1913 to harness hydropower in the Sauda Watershed. Building of power plants started in 1914, and power was delivered from 1919. It was bought by Union Carbide in 1925, but after the national escheat came into effect in 1979 both Saudefaldene and the production company Sauda Smelteverk were bought by Norwegian company Elkem.
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A wardship would be of no value at all. An escheat of the land (a reclamation of the land by the overlord) would allow the owner to take control of the land. But the act of placing the land in frankalmoin left it in the hands of a group of lawyers or others who allowed the use of the land by a Church organization.
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Some say that before the creation of the Duchy, the assets of the Earl of Cornwall (including privileges such as bailiff rights, stannaries and wrecks) were subject to Crown escheat, as in the case of Edmund, 2nd Earl of Cornwall (died 1300).Calendarium Inquisitionum Post Mortem et Escaetarum published by command of King George III (1806) However, records contained within the foreshore dispute papers show that entry into Cornwall for the King's Escheator was often barred on grounds that the King's writ does not run in Cornwall. For example, records of the Launceston Eyre of 1284 show Edmund successfully resisting the King's attempted assertion of escheat rights over Cornwall. Edmund's advocate opened his plea with the words, "my liege lord hols Corrnwall above the Lord King in Chief ... so the Escheator of the Lord the King shall not intermeddle in anything belonging to the Sheriff of Cornwall".
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The case revolved around the question of what state had the right to escheat, or take title to, unclaimed intangible personal property, and on what grounds. While common law had for years recognized that tangible property, real or personal, could only be claimed by the state in which the property was located, there had never been a set rule for the escheat of intangible personal property, such as debts. By 1964, the Sun Oil Co. had on the books of its Texas offices intangible personal property, mainly checks unclaimed or uncashed by creditors, worth $26,461.65. These payments, which included unclaimed checks for wages and expenses, payments to suppliers or vendors, royalty checks for oil-and-gas producing lands, and payment for fractional mineral interests, dated from 7 to 40 years before the case was presented, and were owed to “approximately 1,730 small creditors” whose last known address was in Texas.
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The rights of the fee-simple owner are limited by government powers of taxation, compulsory purchase, police power, and escheat, and may also be limited further by certain encumbrances or conditions in the deed, such as, for example, a condition that required the land to be used as a public park, with a reversion interest in the grantor if the condition fails; this is a fee simple conditional.
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An administrative law judge of the Department of the Interior found that the land should escheat to the tribal government. It was first appealed to the Board of Indian Appeals, which stated it did not have jurisdiction to determine the constitutional claim. The devisees then brought suit seeking relief, which the U.S. District Court granted. The suit claimed that § 207 violated the Just Compensation Clause of the Fifth Amendment.
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The holder of his manor of Benhall, near Saxmundham, had died without heirs, and on his wife's death the estate would in the ordinary course escheat to Norwich, as lord of the fee. King Edward III of England, however had granted it to Robert d'Ufford, Earl of Suffolk, Norwich's sister's Margaret husband. He does not appear to have been successful in his petition. John was again summoned to parliament in 1360.
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The Castle of Saignes facade The Château de Saignes is a ruined castle in the commune of Saignes in the Lot département of France.Ministry of Culture: Château de Saignes The castrum of Saignes, with its ancient chapel outside the enceinte, became the property of the Lagarde family in the 14th century. Pierre de Lagarde, ambassadeur extraordinaire of Francis I, carried out a restoration of the estate. The castle fell into escheat during the 19th century.
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He did state that the cow had been placed there by his lord, so that the latter could get his land as an escheat for felony. The serjeant who arrested William stated that the lord's wife had arranged for his arrest. In such a case, the court simply asked the indictors for more information. They related the whole story; William was acquitted by the court and the lord was committed to gaol.
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Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the Crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.
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Occupatio or Occupation is a method of original acquisition of property in Scots law. It derives from the Roman law concept of the same name. Occupatio allows a occupier of an object (rem: 'a thing') with the intention to own the property to become the owner. As most property in Scotland is owned, and with the caduciary, or escheat, right that all ownerless property falls to the Crown, its application is uncommon.
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Judging by excavations done on oyster pits, it would seem that Native Americans have inhabited the area of modern-day Colonial Beach since at least the Early Woodland Period (500 B.C.- A.D. 900). The town area now known as ‘The Point’ was originally patented by John Lancelott and S. Lancelott [Odyer and Sturman Escheat] on October 29, 1651.David Wolfe Eaton. "Historical Atlas of Westmoreland County, Virginia" The Dietz Press, Richmond Virginia, 1942.
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However, the Supreme Court held that land owned by British subjects, made aliens due to the Revolutionary War, was protected from confiscation per the Treaty of Paris. To reclaim land possessed by British subjects, each state had to pass applicable legislation and then complete escheat proceedings for individual cases. Virginia did not enact such law. As of 1794, under the protection afforded by the Jay Treaty, British subject Sutherland retained title to his 1,000 acres in question.
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Earl Godwin (father of Harold Godwinson) is the first known lord of the manor. In 1086, it was held by Gilbert de Aquila, either the son or grandson of Engenulf de Aquila (L'Aigle), the only prominent Norman nobleman known to have been killed at Hastings. Then Richer de Aquila forfeited his land to the crown for complicity in the rebellion of William Clito against the crown. Malden reveals the legal term then used, one still used today, escheat.
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On information to a magistrate—sometimes by a jealous neighbor—hoarded land might be reclaimed by the Crown. The Sutherland family appears to have fallen behind on its labour, and somehow was notified in 1818 that a procedure to remove their grant from them had begun. The escheat and re-grant to another depended on a paperchase in Fredericton. It was thus that Charlotte and her brother were prompted to trek overland to Fredericton, snowshoed and in the midst of winter.
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The future devolution of Siston depends entirely on the possession by Margaret of the two tenancies-in-chief of Alveston and Earthcott. These were held directly from the Crown, unlike all the others, held from mesne lords. A tenancy-in- chief without a male tenant was likely to escheat, that is revert to the Crown. The king relied on his tenants-in-chief to be his agents in the shires, to raise troops for him and to perform knight service.
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Acquinsicke takes its name from a tract of escheat land patented by Anthony Neale in 1704.Patents, DD#5:240 (Annapolis). Originally known as White's Ford and renamed Acquinsicke by Neale, the had formerly been granted to Jerome White in 1669. White had immigrated to Maryland from England as a free adult about 1661. A Catholic, apparently well educated, he held a number of important and influential positions, including that of deputy governor in 1669 and the colony's Surveyor General, 1661–1671.
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Mortagne-sur-Gironde is a commune in the Charente-Maritime department in southwestern France. Its inhabitants are called the Mortagnais and Mortagnaises. Bordering the banks of the Gironde estuary, this small town was for centuries a principality, as it acquired after the Hundred Years War, but ended up losing by escheat. Military stronghold important, it also became a leading port in the 18th century, Gironde port ranked third (after Bordeaux and Blaye) in the middle of the 20th century, before declining gradually.
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Plucknett, p. 541–542, ibid. The Great Charter, not being a Statute but a mere administrative proclamation by the King, was binding only on the King's subjects, not on the King himself. In 1258 at the Parliament in Oxford, the barons sought to preclude men of religion from entering into ownership of fees held from earls, barons and other lords without their consent, whereby the overlord lost forever the rights of wardship, marriage, relief and escheat,Petition of the Barons, chap.
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Margaret Lyon and John Hamilton, like other Scottish landowners, were frequently involved in lawsuits over their properties, rights, and incomes. Margaret Lyon (and Lord Hamilton) wrote letters to Sir Patrick Vans of Barnbarroch who was a Lord of Session encouraging him to act in their favour. She wrote on behalf of her "good friend" James Maxwell of Calderwood in July 1588. He had obtained the royal gift of the forfeited "escheat" of some people in Clydesdale and this gift was to be discussed by the Exchequer.
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Jury finding from Kentucky County, Virginia County Court from an inquest of escheat. A twelve-man panel adjudged John Connolly and Alexander McKee to be British citizens within the meaning of the Virginia Assembly Act of 1779 concerning British subjects and their rights under Virginia law. (The Assembly had seized Connolly's claims prior to the inquest.) The jury found that the lands of Connolly and McKee were forfeited as they were British (and not American) citizens. Daniel Boone was listed as member of jury.
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The king therefore instated new rules in the Tsa Yig, which he justified in terms of Buddhist precepts. Foremost, the king made laws on the collection of taxes and accountability of collectors to the king, prohibited the combining of raiyat (peasant) holdings, retroactively annulled such prior combinations, and provided for the escheat of the property of lamas upon death or retirement in order to curtail their number and power. Regulations on conduct within dzongs was also refined. Taxation in the form of labor remained an important institution.
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A complete inventory of his estate has yet to be quantified. The court appointed temporary administrators of his estate because there were no probate laws in California at that time. By 1854, when the California State Legislature considered escheat to take control of the property, Leidesdorff's estate was worth well over one million dollars and multiple of millions of dollars in gold was mined off his land. When the Leidesdorff-Folsom partitioned estate was auctioned off in 1856, the property brought more than $1,445,000.
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Bjølvo kraftverk, the hydroelectric plant originally built to power industrial production was returned to state ownership by escheat in 1964, and is now owned by Statkraft. The current, modernised plant, Nye Bjølvo, was completed in 2006 and at that time had the highest free-fall pressure shaft of any European hydroelectric plant, at more than 600 m. It has a yearly output of about 390 GWh. The plant exploits the reservoir Bjølsegrøvatnet, which has a regulated surface at 850–879 meters above sea level.
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The origins of serfdom in Russia (, ) may be traced to the 12th century, when the exploitation of the so-called zakups on arable lands (, ) and corvée smerds (Russian term for corvée is , ) was the closest to what is now known as serfdom. According to the Russkaya Pravda, a princely smerd had limited property and personal rights. His escheat was given to the prince and his life was equated with that of the kholop, meaning his murder was punishable by a fine of five grivnas.
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68 Certain freehold and copyhold hereditaments and leasehold tenements of Henry Belward Ray were left in his will to infants with whom he – (the testator) – had no blood relation. To ensure that Ray's land would not escheat to the Crown, in March 1860, his trustees presented a petition to the Lord High Chancellor of Great Britain to create an Act of Parliament which would legally allow Arthur Lupton, Esq. of Potternewton Lodge undivided moiety, i.e. the rights of a mesne lord of the manor of Potternewton, and not the exclusive ownership of a lord paramount.
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The strategic location of the Earldom of Chester; the only county palatine on the Welsh Marches.Wrexham County Borough Council: The Princes and the Marcher Lords The earldom passed to the Crown by escheat in 1237 on the death of John the Scot, Earl of Huntingdon, seventh and last of the Earls. William III de Forz, 4th Earl of Albemarle, claimed the earldom as husband of Christina, the senior co-heir, but the king persuaded them to quitclaim their rights in 1241 in exchange for modest lands elsewhere. The other co-heiresses did likewise.
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Government property sold at public auction may include surplus government equipment, abandoned property over which the government has asserted ownership, property which has passed to the government by escheat, government land, and intangible assets over which the government asserts authority, such as broadcast frequencies sold through a spectrum auction. Public auctions of government property may be conducted by whichever agency is auctioning the property. Some substantial items have been sold at public auction. For example, the United States Navy cruiser Philadelphia was sold at such an auction at the Puget Sound Navy Yard in 1927.
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That was a significant shift in the rules regarding burden of proof in state escheat cases involving land. The state used to be required to prove its case, the defendant now had to prove that the purchased land was a bona fide gift, rather than an attempt at getting around the land ownership restrictions. Another, even more stringent, provision introduced in the 1920 law prohibited assigning persons ineligible for naturalization as guardians of an estate. The California Supreme Court, however, invalidated that prohibition in the 1922 Yano case (Estate of Tetsubmi Yano, 188 Cal. 645).
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Despite a requirement pursuant to Alien Land Law for all guardians of agricultural land belonging to minor children of ineligible aliens, Kajiro Oyama did not do so until the date of the trial. In 1942, Fred and his family were displaced along with all other Japanese persons in the area. In 1944, the State of California filed a petition to declare an escheat of the eight acres (32,000 m²) of land on the ground that the purchases made in 1934 and 1937 had been made with intent to violate and evade the Alien Land Law.
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Wardship of minor heirs of a tenant in chief was one of the king's ancient "feudal incidents" (amongst escheat, marriage, relief, custody of an "idiot",Richardson, 1952, p.167 etc.), that is to say a right of royal prerogative dating back to the feudal principle of seigneurial guardianship.Richardson, 1952, p.118 Such right entitled the king to all the revenues of the deceased's estate, excluding those lands, generally one third of the estate, allocated to his widow as dower, until the heir reached his majority of 21, or 14 if a female.
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Brown & Sons In 1997, Bankers Trust acquired Alex. Brown & Sons, founded in 1800 and a public corporation since 1986, in an attempt to grow its investment banking business. The bank suffered major losses in the summer of 1998 due to the bank having a large position in Russian government bonds. Shortly before the Deutsche Bank acquisition in November 1998, BT pleaded guilty to institutional fraud due to the failure of certain members of senior management to escheat abandoned property to the State of New York and other states.
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Calendar State Papers Scotland, vol. 9 (Edinburgh, 1915), pp. 653-6. William and John Stewart of Rosland, both royal servants, were rewarded with the escheat, the forfeited property, of James Hall of Foulbar in 1591.David Masson, Register of the Privy Council of Scotland: 1585-1592, vol. 4 (Edinburgh, 1881), p. 833. James VI wrote on 29 May 1591 to Mure of Caldwell, requesting him to ask Lord Ross of Halkhead to pay annual rents owed to the royal servants John Stewart of Rosland and William Stewart for the lands of Foulbar.
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There is no direct evidence that Owen, a son of Emma and Dafydd, ever held the manor but an inquisition in the Hundred Rolls for 1273 states that when John granted the estate to the abbey he had acquired it per escoetam cuisdam nomine Oweyn — "through escheat of someone called Owen." The name of the manor often took the suffix Owen or similar by the mid-13th century.The suffix "Owen" was generally separated or hyphenated until the 20th century. Cf Holliday's article, which still used the form "Hales Owen" in 1872.
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An escheat of the land (reclaiming the land by the overlord, for want of an heir to inherit it) would allow the overlord to re-take control of the land. But by placing the land in frankalmoin it was left in the hands of a group of lawyers or others, who allowed the use of the land by a religious organisation. The overlord would have only nominal control of this corporation, as it had never entered into a feudal homage arrangement, hence the corporation owed nothing to the overlord. Bracton was sympathetic to this arrangement.
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Because of this ceiling, the law also provides a grace period to dispose of inherited land, or alternatively, intestate succession to the second in line. Under Bhutanese law, all mineral rights are vested in the state, and the Mines and Minerals Management Act and other laws regulate their use and management. Contiguous lots of land under common ownership may be merged only with local government approval. Further limits on land ownership include escheat in the event of intestacy ("tsatong" lands), non-use of land for 3 years, and non- payment of land taxes.
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Justice Brennan and Justice Scalia each wrote a brief, single-paragraph concurring opinion, both of which analogized the rights lost by the plaintiffs in this case to those lost under the Eagle feather law. Justice Stevens concurred in the judgment, and wrote the longest concurrence. His chief objection to the statute is that it afforded no opportunity for the plaintiffs' decedents to avoid escheat by consolidating their property through voluntary inter vivos transfers (for example, by providing a grace period before the statute came into force), thus violating their due process rights.
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FW Maitland, Equity (1936) 25. WS Holdsworth, A History of English Law (1923) vol 4, 415 Uses or trusts were also employed to avoid the payment of feudal dues. If a person died, the law stated a landlord was entitled to money before the land passed to heir, and the whole property under the doctrine of escheat if there were no heirs. Transferring title to a group of people for common use could ensure this never happened, because if one person died he could be replaced, and it was unlikely for all to die at the same time.
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In the late 1800s, United States Congress initiated a program to allot Indian (Native American) tribal land to individual members of the tribes. Over the ensuing years, the ownership of the land became increasingly fractionalized as the original owners passed their interests onto multiple heirs. About 100 years later, Congress passed the Indian Land Consolidation Act in 1983 to deal with the problem. Section 207 of the act provided that the land would pass, or escheat, to the tribe when the interest was 2 percent or less and earned less than $100 in the preceding year.
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In about 1174 Henry II deprived William of all his titles and lands in England and granted the Earldom of Huntingdon to Simon III de Senlis. Simon acknowledged the Priory's claim to Piddington but continued to hold the overlordship himself, even ignoring a Papal bull upholding the Priory's rights. Joan of Piddington had held the manor of Simon II de Senlis, and in about 1183 she married Aubrey de Dammartin, son of Albéric I de Mello and Dammartin, Grand Chamberman of France. After Aubrey's death the Crown held Piddington in escheat foir several years before it passed to his heir, Reynold de Dammartin.
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There Walpole was tortured on the rack and suspended by his wrists for hours, fourteen sessions spaced out so as not to cause his accidental death under interrogation. His father was in failing health, and, as Henry was his heir, the estate would escheat to the crown if Henry were condemned for treason.Jessopp, Augustus. "Walpole, Henry (1558-1595)", The Dictionary of National Biography, (Leslie Stephen, ed.), Macmillan, 1899 While incarcerated in the Salt Tower, Jesuit priest Henry Walpole carved his name in the plaster along with those of saints Peter, Paul, Jerome, Ambrose, Augustine, and Gregory the Great.
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After this, construction of the Bjølvefossen hydroelectric plant commenced. The construction was however stalled due to concession disputes, as it was claimed that the work on the plant had begun before Norwegian escheat laws had been put in force in 1907. The disputes were solved in 1916 and both the plant and factories were completed by 1919, producing calcium carbide for a brief time. The village's population briefly rose by 500 workers, but most left shortly thereafter, as financial problems and an accident destroying the pipelines that supplied water from the hydroelectric reservoir brought production to a halt.
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Prior to the enactment of this statute, land could be passed by descent only if and when the landholder had competent living relatives who survived him, and it was subject to the rules of primogeniture. When a landholder died without any living relatives, his land would escheat to the Crown. The statute was something of a political compromise between Henry VIII and English landowners, who were growing increasingly frustrated with primogeniture and royal control of land. The Statute of Wills created a number of requirements for the form of a will, many of which, , survive in common law jurisdictions.
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Those who withhold them will be excommunicated. #If a cleric who formerly kept a concubine renews the interrupted connection or takes another concubine, they shall be excommunicated. #Dueling shall be exterminated from the Christian world. Any emperor, king, duke, prince, marquess, count or temporal lord by any other name who grants a place in their territory for single combat between Christians will be excommunicated and deprived of jurisdiction and dominion over any city, castle or place in which they permitted the duel to take place which is held from the church; if the place is held as a fief, they will escheat it to their overlord.
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If the tenant-in-chief was found to have no heir, for example if he was unmarried or childless, the lands held would "escheat" (i.e. revert to the demesne of the king) to be re-granted as a valuable reward to a favoured courtier or official, or sold for cash proceeds. This aspect of the process was the origin of their former appellation by early Victorian antiquarians of "escheats". If the tenant-in-chief left a minor son as heir, that is to say one aged under 21, his wardship escheated likewise to the king, who was able to sell or award his marriage to a third party.
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During the Middle Ages in countries such as England, the church acquired a substantial amount of real estate. As the church and religious orders were each recognised as a legal person separate from the office holder who administered the church land (such as the abbot or the bishop), the land would not escheat on the death of the holder, or pass by inheritance, as the church and the religious orders would not die. The land was held in perpetuity. This was in contrast to feudal practice in which the nobility would hold land granted by the king in return for service, especially service in war.
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As with his former suits, Oxford was again unsuccessful; during this time he was listed on the Pipe rolls as owing £20 for the subsidy. After the abortive Essex rebellion in February 1601, Oxford was 'the senior of the twenty-five noblemen' who rendered verdicts at the trials of Essex and Southampton for treason. After Essex's co- conspirator Sir Charles Danvers was executed on in March, Oxford became a party to a complicated suit regarding lands which had reverted to the Crown by escheat at Danvers's attainder, a suit opposed by Danvers's kinsmen. De Vere continued to suffer from ill health, which kept him from court.
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The high value and reach of the Leidesdorff estate made Folsom's "purchase" extremely controversial. In 1854, Governor Bigler, recommended the escheat of the estate, then worth a million and a half, to the state legislature, and suggested that proceedings be commenced for its recovery from Folsom.Journal of the Senate of California, 1854 The courts refused to admit the title of the West Indian mixed-race relatives because there may have been "other heirs, who had never conveyed away their rights in the estate", from Europe.Sweasy, Early Days and Men of California These "other heirs" from Leidesdorff's father's family lived in Europe at Altona and Copenhagen, and in the Caribbean Islands.
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The principal incidents of a seignory were an oath of fealty, a quit or chief rent; a relief of one year's quit rent, and the right of escheat. In return, for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation. The word "fee" is associated with the Norman feudal system and is in contradistinction to the Anglo-Saxon allodial system. At the time of the Conquest, William the Conqueror granted fiefs to his lords in the manner of a continental or feudal benefice which assured little beyond a life tenure.
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Pollock and Maitland give the following example: In the case of subinfeudation, the old tenant was liable for services to the lord. If A enfoeffed to B to hold a knight's service, and then B enfoeffed C to hold as a rent of a pound of pepper per year; B dies leaving an heir within age; A is entitled to a wardship; but it will be worth very little: instead of being entitled to enjoy the land itself until the heir is of age, he will get a few annual pounds of pepper. Instead of enjoying the land by escheat, he will only receive a trifling rent.Pollock and Maitland, p.
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The final decision ruled that when Western Union does not know who the purchaser or the person who redeemed it is and a money order is never redeemed, the money escheats to the state where Western Union is incorporated, e.g. New York. Where Western Union does know who the purchaser or redeemer is, and a money order is never redeemed or is underreedemed, the remaining money escheats to the state where that purchaser resides, subject to that state's rules for escheat of unclaimed money or property. The Special Master decided to rely on the logic of the previous decision of the U.S. Supreme Court in Texas v.
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Osbert was no longer archdeacon by 1158, as his successor is attested by that point. Osbert, however, continued to call himself "archdeacon" even though he held land as a secular lord, including lands in Lacy and Skipton. He also acted as a steward for Hugh de Tilly. Osbert was still alive in 1184, as he was a witness to a document at York then, and may have been alive as late as 1194, when Hugh Bardulf was responsible for the farm of Osbert's lands, as the record of that transaction in the escheat roll is unclear if Osbert was alive at that time or dead.
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Under provision of the State Constitution these funds were required to be applied to the support of a public library, but had been diverted to the payment of expenses of the courts and to other uses. Their recovery to the Board laid the foundation for the present magnificent public library system of Detroit. Commencing with 1881 Colonel Duffield served two terms as City Counselor, and represented the municipality in all its litigation during that period. Both in his official capacity, and in private practice, he has had very many important cases, including, in the latter, the famous Reeder farm escheat cases, and the Stroh-WinsorHudson crooked paper case, in which he defeated the holders of the paper.
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Smith also dismissed a number of appointed officials who he believed were conspiring against him including James Bardin Palmer, William Johnston and John Frederick Holland and attempted to govern without convening the island's assembly. He also appointed his relatives to several public offices. Smith attempted to deal with the ongoing issue of land ownership on the island by initiating escheat proceedings against several property owners which remained largely vacant and also by attempting to collect quitrents which he believed would encourage land owners to make more productive use of their properties. His son-in-law John Edward Carmichael, by attempting to collect unpaid quitrents, triggered a series of meetings calling for Smith's recall as governor.
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In addition to the above, the bill contains provision calling for restitution of property even if the owners died without leaving any descendants - the so- called heirless property. It is an accepted customary international law that heirless property becomes property of the state."Under the internationally recognized process of escheat, property of a decedent who has neither a will nor any legal heirs reverts to the state." Cardozo journal of international and comparative law page Volume 13 689 2010 The Terezin declaration states that "in some states heirless property could serve as a basis for addressing the material necessities of needy Holocaust (Shoah) survivors and to ensure ongoing education about the Holocaust (Shoah), its causes and consequences".
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The trial court found that Kajiro Oyama, the father, had enjoyed the beneficial use of the land and that the 1934 and 1937 land transfers had been subterfuges done with intent to avoid the escheat procedure. The court ruled in favor of the state, stating that pursuant to the Alien Land Law, the parcels had vested in the state as of the date of illicit transfers in 1934 and 1937. The Supreme Court of California upheld the trial court's finding as justified by the evidence. It further ruled that California was permitted to exclude ineligible aliens from purchasing, transferring, and owning agricultural land and that Fred Oyama was deprived of no constitutional guarantees.
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In English law, seignory or seigniory (; French seigneur, lord; Latin senior, elder), is the lordship (authority) remaining to a grantor after the grant of an estate in fee simple. Nulle terre sans seigneur ("No land without a lord") was a feudal legal maxim; where no other lord can be discovered, the Crown is lord as lord paramount. The principal incidents of a seignory were a feudal oath of homage and fealty; a "quit" or "chief" rent; a "relief" of one year's quit rent, and the right of escheat. In return for these privileges the lord was liable to forfeit his rights if he neglected to protect and defend the tenant or did anything injurious to the feudal relation.
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An enthusiastic supporter of Canadian Confederation, he left the PEI cabinet in 1864 when the government rejected Confederation outright, but continued to press for union. The allocation of land was a key issue for Islanders in the 1860s; Pope opposed the idea of escheat, a common idea at the time. After this was accomplished in 1873 under the leadership of his brother, PEI Premier James Colledge Pope, he was appointed a county court judge. His son, Joseph Pope, became the private secretary to Canada's first Prime Minister Sir John A. Macdonald and later wrote his biography The Day of Sir John Macdonald Ardgowan, Pope's residence, was designated a National Historic Site of Canada in 1966.
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An overlord had various rights under the feudal system, including receipt of either feudal relief or heriot on the succession of the tenant's heir. Also the right of escheat, namely to receive back seizin of the estate on the death of the tenant without a legal heir (transfers of estates to third parties by testaments or wills were not part of the early feudal system). The right to the loyalty of his tenant was central to the feudal contract and was enshrined in the infeudation process in which the tenant swore loyalty to the overlord. In the event of disloyalty the feudal contract would be broken and the estate would become forfeit and return to the overlord.
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At the death of his grandfather, Richard Harthill, there was still a male heir in the family, a ten-year-old grandson called William, who was intended to inherit the majority of the estates. Richard had appointed feoffees to ease the transition, although there were reports that the tenants had no connection with the feoffees and an inquisition post mortem decided that Pooley and the rest ought to escheat to the king during William's minority.Calendar of Inquisitions Post Mortem, Richard II, volume 16, nos. 863-5. In March 1401 an inquiry was held at Tamworth, Staffordshire, into the age of William and it transpired that he was 21, old enough to take over his estates, although he his wardship was still held by Roger Sapurton.
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John and his heirs frequently insisted on seizing as terrae Normannorum (i.e. "lands of the Normans") the English lands of those lords with holdings in Normandy who preferred to be Normans rather than Englishmen, when the victories of Philip II of France forced them to make a proclamation of allegiance to France.) Since disavowal of a feudal bond was a felony, lords could escheat land from those who refused to perform their feudal services. On the other hand, there were also tenants who were merely sluggish in performing their duties, while not being outright rebellious against the lord. Remedies in the courts against this sort of thing, even in Bracton's day, were available, but were considered laborious and were frequently ineffectual in compelling the desired performance.
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The bankruptcy of the original owner means that the freehold is no longer the bankrupt's legal property, and the disclaimer destroys the freehold estate, so that the land ceases to be owned by anyone and effectively escheats to become land held by the Crown in demesne. This situation affects a few hundred properties each year. Although such escheated property is owned by the Crown, it is not part of the Crown Estate, unless the Crown (through the Crown Estate Commissioners) 'completes' the escheat, by taking steps to exert rights as owner. However, usually, in the example given above, the tenants of the flats, or their mortgagees would exercise their rights given by the Insolvency Act 1986 to have the freehold property transferred to them.
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The sepoys were also disillusioned by their low salaries and the racial discrimination practised by British officers in matters of promotion and privileges. The indifference of the British towards leading native Indian rulers such as the Mughals and ex- Peshwas and the annexation of Oudh were political factors triggering dissent amongst Indians. The Marquess of Dalhousie's policy of annexation, the doctrine of lapse (or escheat) applied by the British, and the projected removal of the descendants of the Great Mughal from their ancestral palace at Red Fort to the Qutb Minar (near Delhi) also angered some people. The final spark was provided by the rumoured use of tallow (from cows) and lard (pig fat) in the newly introduced Pattern 1853 Enfield rifle cartridges.
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The crown's powers in the Marches were normally limited to those periods when the king held a lordship in its own hands, such as when it was forfeited for treason or on the death of the lord without a legitimate heir whereupon the title reverted to the Crown in escheat. At the top of a culturally diverse, intensely feudalised and local society, the Marcher barons combined the authority of feudal lord and vassal of the King among their Normans, and of supplanting the traditional tywysog among their conquered Welsh. However, Welsh law was sometimes used in the Marches in preference to English law, and there were disputes as to which code should be used to decide a particular case. From this developed the distinctive March law.
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272 and in English common law the term ancient demesne refers to the land that was held by the Crown at the time of the Domesday Book. The royal demesne was not a static portfolio: it could be increased, for example, as a result of escheat or forfeiture where a feudal tenure would end and revert to its natural state in the royal demesne, or it could be reduced by later grants of land. During the reign of King George III (1760–1820), Parliament appropriated most of the royal demesne, in exchange for a fixed annual sum thenceforth payable to the monarch, called the Civil List. The position of the royal estate of Windsor, still occupied by the monarch and never alienated since 1066, may be a rare remnant of the royal demesne.
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Escheat can still occur in England and Wales, if a person is made bankrupt or a corporation is liquidated. Usually this means that all the property held by that person is 'vested in' (transferred to) the Official Receiver or Trustee in Bankruptcy. However, it is open to the Receiver or Trustee to refuse to accept that property by disclaiming it. It is relatively common for a trustee in bankruptcy to disclaim freehold property which may give rise to a liability, for example the common parts of a block of flats owned by the bankrupt would ordinarily pass to the trustee to be realised in order to pay his debts, but the property may give the landlord an obligation to spend money for the benefit of lessees of the flats.
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The Agricultural Holdings Acts 1883 and 1900, and other acts, gave the tenant of a tenancy within the acts a general right to compensation for improvements, substituted a year's notice to quit for the six months' notice previously necessary, enlarged the tenant's right to fixtures, and limited the amount of distress. By the Intestate Estates Act 1884 the law of escheat was extended to incorporeal hereditaments and equitable estates. Among other subjects which have been dealt with by legislation in the 19th century may be mentioned land transfer, registration, mortgage, partition, excambion, fixtures, taking of land in execution, declaration of title and apportionment. The Law of Property Act 1925 was meant to reduce the number of legal estates to two, and to make easier the transfer of interests in land.
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It was found that the company was well-run, but that the poor results were due to the market conditions. On 13 November the company filed for bankruptcy, but the company was allowed to continue with production using 200 staff. The company was refinanced and left bankruptcy protection on 17 August 1927. At the same time a new agreement with the state was signed, which insured that only Norwegian citizens were permitted to work for the company, and that the mining rights would escheat to the state after 99 years. The new shareholders issued NOK 700,000 for a number of welfare investments in Kirkenes, such as a library and sports facilities. Lundh retired as chairman in 1927. To reduce the conflicts between the company and employees, Sydvaranger started using single-person contracts.
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Originally, in Roman law, confiscation was the seizure and transfer of private property to the fiscus (treasury) by the emperor; hence the appropriation, under legal authority, of private property to the state. In modern English law, confiscation embraces forfeiture in the case of goods, and escheat in the case of lands, for crime or in default of heirs (see also Eminent domain). Goods may also be confiscated by the state for breaches of statutes relating to customs, excise or explosives. In the United Kingdom a confiscation order is a court order made under part 2 (England & Wales), part 3 (Scotland) or part 4 (Northern Ireland) of the Proceeds of Crime Act 2002 requiring a convicted defendant to pay a specified sum of money to the state by a specified date.
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The plantation of Munster got off to a slow start in the face of lawsuits brought by landowners associated with the Geraldine rebels. In the west Perrot did have success in 1585 by perfecting a composition of the province of Connaught, an unusually even- handed contract between Crown and landowners by which the Queen received certain rents in return for settling land titles and tenant dues. In the same year a parliament was convened at Dublin, the first since 1569, with great hopes expressed upon the attendance of the Gaelic lords. The sessions proved a disappointment: although the act for the attainder of Desmond (clearing the escheat of the rebel's estates to the Crown) was passed, the ambitious schedule of legislation ran into difficulty, particularly over the suspension of Poynings' Law.
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Nova Scotia (Speaker of the House of Assembly), the Supreme Court of Canada ruled that parliamentary privilege is a part of the unwritten convention in the Constitution of Canada, which means that Parliament may use parliamentary privilege to take certain actions even though they violate another part of the constitution. Most of these procedures have never been addressed by the Supreme Court, so it is not clear which ones form part of the constitution. The second type of unwritten source is the royal prerogative: reserve powers of the Canadian Crown, being remnants of the powers once held by the British Crown, reduced over time by the parliamentary system. Primarily, these are the Orders in Council, which give the government the authority to declare war, conclude treaties, issue passports, make appointments, make regulations, incorporate, and receive lands that escheat to the Crown.
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His elder brother James was also been a cleric, the Dean of Restalrig, and was murdered by a cousin. George Lauder of Bass was awarded the escheat of the goods of "Walter Lauder, son lawful of the deceased Alexander Lawder of Umboquhy [Ummachie], convicted, become in will, fugitive or at the horn for not compearing to underlie the laws for the slaughter of James Lawder of Bass, committed within his (James's) awin place of Beil on 4th October last, or throw being justifiet thairfoir" on 16 December 1580. Walter was subsequently executed for this crime. On 15 August 1583, a Precept was made to George Lauder of the Bass, as son and heir of Robert Lauder of Bass, of a Temple-land in "Lewinsbrig" (Leven's bridge) in Fife, a Temple-land in North Berwick, and a Temple-land in Tyninghame.
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In some jurisdictions, escheat can also occur when an entity, typically a bank, credit union or other financial institution, holds money or property which appears to be unclaimed, for instance due to a lack of activity on the account by way of deposits, withdrawals or any other transactions for a lengthy time in a cash account. In many jurisdictions, if the owner cannot be located, such property can be revocably escheated to the state. In commerce, it is the process of reassigning legal title in unclaimed or abandoned payroll checks, insurance payouts, or stocks and shares whose owners cannot be traced, to a state authority (in the United States). A company is required to file unclaimed property reports with its state annually and, in some jurisdictions, to make a good-faith effort to find the owners of their dormant accounts.
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The agreement contained a clause whereby in the event of an escheat, the crown would pay the Montforts 150,000 Saracen bezants as an indemnity towards the costs of fortifying and defending Tyre for all the years of Philip's lordship. As an indication of their independence, Philip and John minted copper coins and made treaties with the Muslims. The numismatist D. M. Metcalf suggests that the coinage may have originated in 1269, when Philip's position was regularized, but it could have come earlier, since Philip had been making his own policy since at least 1258. In 1271, John made a separate treaty with the Mamluk sultan Baybars to cover Tyre, a year before Hugh III made a similar treaty to cover the area around Acre. John and Margaret had no children, and upon John's death in 1283 Tyre escheated to the crown.
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World War II tensions contributed significantly to the development of those issues, as anti-Japanese sentiments grew more heated and the internment of Japanese persons took place. California tightened its Alien Land Laws even further and actively began pursuing escheat procedures. Kajiro Oyama, a Japanese citizen, was one of the individuals thus targeted. In the case of Oyama, Kajiro Oyama, a Japanese citizen ineligible for naturalization, purchased six acres (24,000 m²) of land in 1934 in Chula Vista, California, in the old Rancho de la Nación land grant. He paid $4,000 for the land (), and the seller executed a deed to Fred Oyama, Kajiro’s son (who was six years old at this time). Six months later, Kajiro petitioned the Superior Court of San Diego County to be appointed Fred’s guardian, stating that Fred owned the six acres (24,000 m²).
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In this, it would be seen, the dukes were well- suited to the task: none were remarkable or outstanding men who swept all opposition away before them; rather, they were persevering, methodical, realistic, able and willing to seize any opportunity presented to them. They used the Law of Escheat to their advantage: Auxois and Duesmois fell into ducal hands through reversion, these feudatories having no heir able to administer them. They purchased both land and vassalage, which built up both the ducal demesne and the number of vassals dependent upon the dukes. They made an income for themselves by demanding cash payments in exchange for recognition of a lord's feudal rights within the duchy, by skillful management of loans from Jewish and Lombard bankers, by the careful administration of feudal dues and by the ready sale of immunities and justice.
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The descendants of William Fairfax continued to assert back claims against the estates of Lord Fairfax, which had been rendered by William Fairfax prior to 1757. In order to absolve himself of these back claims, Denny Fairfax renounced his appointments of Martin and Jones, and instead appointed Bryan Fairfax, 8th Lord Fairfax of Cameron as the sole steward of the proprietary in an official transposition in London on September 21, 1784. Because Denny Fairfax was a British subject residing in England, he had no legal rights under American jurisdiction; thus, he and his British relatives were considered "alien enemies" and his landholdings were confiscated under escheat laws. In 1785, the Virginia General Assembly ordered that all records, books, and documents pertaining to the proprietary's lands be confiscated by the state of Virginia and removed to the Virginia State Land Registrar's Office in Richmond.
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If a person died, the law stated a landlord was entitled to money before the land passed to an heir, and the landlord got all of the property under the doctrine of escheat if there were no heirs. Transferring title to a group of people for common use could ensure this never happened, because if one person died he could be replaced, and it was unlikely for all to die at the same time.Martin (2012) 10 King Henry VIII saw that this deprived the Crown of revenue, and so in the Statute of Uses 1535 he attempted to prohibit uses, stipulating all land belonged in fact to the cestui que use.Martin (2012) 11 Henry VIII also increased the role of the Court of Star Chamber, a court with criminal jurisdiction that invented new rules as it thought fit, and often this was employed against political dissidents.
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In practice, there have been three sources of unwritten constitutional law: ; Conventions: Constitutional conventions form part of the constitution, but they are not judicially enforceable. They include the existence of a prime minister and Cabinet, the fact that the Governor General in most circumstances is required to grant royal assent to bills adopted by both houses of parliament, and the requirement that the prime minister either resign or request a dissolution and general election upon losing a vote of confidence in the House of Commons. ; Royal prerogative: Reserve powers of the Canadian Crown, being remnants of the powers once held by the British Crown, reduced over time by the parliamentary system. Primarily, these are the Orders in Council, which give the government the authority to declare war, conclude treaties, issue passports, make appointments, make regulations, incorporate, and receive lands that escheat to the Crown.
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Bracton considered the outcome of this, in a case where the tenant made a gift into frankalmoin – a gift of land to the Church. A feudal right of wardship would now be of no value at all, as no minority (ownership of the land by a minor) could thereafter arise. An escheat of the land (reclaiming of the land by the overlord, for want of an heir) theoretically allowed the lord to take back control of it; but placing the land in frankalmoin left it in the hands of a group of lawyers or others who allowed the use of the land by a religious foundation: the overlord would have only nominal control of this corporation, as it had never entered into a feudal homage arrangement with him; the corporation thus owed nothing to the overlord, so did not pay him homage. Bracton was sympathetic to this arrangement.
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The medieval settlement of Sheldon, first mentioned in 803, no longer exists, having been deserted by 1582; a 1976 survey confirmed its remains to lie to the rear of the Manor, which itself stands on the site of an older habitation known as "The Holloway". The manor of Sheldon was granted to Sir William de Beauvilain in about 1180; on his death, as a Norman, it was forfeit to The Crown as an escheat and then granted to the de Godarville family in 1231 by Henry III. In 1250 it passed to Sir Geoffrey Gascelyn on his marriage to Joan de Godarville. In 1424 the Manor was sold to Sir Walter Hungerford, and after some time was eventually granted to Catherine Parr temporarily until the Hungerford heir achieved majority. For many years, the property was tenanted until Sir Edward Hungerford sold the Manor in 1684 and in 1711 it was bought by William Norris, whose last survivor died in 1828.
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Summary in Boehm, The Career of Guy Ferre the Younger, and sources cited. Gilbert Pecche, Margery de Crioll's half-brother, was Seneschal in GasconySee 'The Gascon Rolls Project, 1317-1468', Research Tools, "Principal Office Holders in the Duchy: Seneschals of Gascony" (gasconrolls.org). when, in 1317, Ferre was sent to John of Brittany, king's Lieutenant in Gascony, then negotiating for the ransom of Aymer de Valence. In 1320 he was bidden to assume a place in the royal retinue at Amiens, where Edward paid liege homage to Philip V for the Duchy of Aquitaine.Summary in Boehm, The Career of Guy Ferre the Younger, and sources cited. Sir Guy died without heir male in 1323 and (as stipulated in the 1289 grant of Gestingthorpe) his manors, except his entails of 1308, passed by reversion or escheat. But as Elianore Ferre held Benhall with him jointly, it remained wholly to her for her life under the Honour of Eye.'422.
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In order to promote marriage, various penalties were imposed on those who lived in a state of celibacy after a certain age. Caelibes could not take an hereditas or a legacy (legatum); but if a person was caelebs at the time of the testator's death, and was not otherwise disqualified (jure civili), he might take the hereditas or legatum, if he obeyed the law within one hundred days, that is, if he married within that time (Ulp. Frag. xvii.1). If he did not comply with the law, the gift became caducum (subject to escheat). The Lex Julia allowed widows a term of one year (vacatio) from the death of a husband, and divorced women a term (vacatio) of six months from the time of the divorce, within which periods they were not subject to the penalties of the lex: the Lex Papia extended these periods respectively to two years, and a year and six months (Ulp. Frag. xiv).
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In terms of doctrine, al-Mu'tadid sided firmly with Sunni traditionalist orthodoxy from the outset of his reign, forbidding theological works and abolishing the fiscal department responsible for property in escheat, which Hanbali legal opinion regarded as illegal. At the same time he also tried to maintain good relations with the Alids, to the point of seriously considering ordering the official cursing of Mu'awiya, the founder of the Umayyad Caliphate and main opponent of Ali; he was dissuaded only at the last moment by his advisers, who feared any unforeseen consequences such an act might have. Al-Mu'tadid also maintained good relations with the breakaway Zaydi imams of Tabaristan, but his pro-Alid stance failed to prevent the establishment of a second Zaydi state in Yemen in 901. Al-Mu'tadid also actively promoted the traditions of learning and science that had flourished under his early 9th-century predecessors al-Ma'mun (), al-Mu'tasim, and al- Wathiq ().
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Here the service to be performed is known and fixed, and not of a base or servile nature; the "lord of the fee" is the State itself, and the service due to this "lord" is payment of the taxes upon the real estate. The major consequences, in the modern world, of this feudal approach, as distinguished from ownership, are, first, the forfeiture of the tenement upon failure to perform the service (that is, non-payment of taxes), and second, the doctrine of eminent domain, whereby the "lord of the fee" might take back the estate, provided he make just compensation. Also existing in a vestigial form is the concept of escheat, under which an estate of a holder without heirs returns to the ownership of the state. An interesting side effect of this is that government entities do not pay real estate taxes to other government entities since government entities own the land rather than hold the land.
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Where estates were subinfeudated, the practice of mortmain was detrimental to the overlord's rights. It was difficult or impossible for an overlord to extract any services (such as knight service, rent, or homage) from the new tenant, who had no bond to the overlord. Pollock and Maitland give the following example: in a case of subinfeudation, the old tenant was liable for services to the lord. If A enfoeffed to B, to hold on a knight's service (a form of military service), and then B enfeoffed C to hold at a rent of a pound of pepper per year, if B then dies leaving an under-age heir A is entitled to a wardship, but it will be worth very little: instead of being entitled to enjoy the land itself until the heir is of full age, the overlord will get only a few annual pounds of pepper, because C is in possession, not B. Instead of enjoying the land itself, by wardship or by escheat, he will only receive a trifling peppercorn rent.
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On 5 July 1568, at Edinburgh, Gasper Home was granted an escheat of the goods of Robert Lauder of The Bass, including his cattle and other goods on the steading and lands of Eddringtoun and the dues of the mill thereof, in the sheriffdom of Berwick, the said Robert being convicted as a fugitive for taking part with Archibald, Earl of Argyll, Claud Hamilton, and others in the battle of Langside in support of Mary, Queen of Scots. On 22 September 1568, at Edinburgh, a Precept of Remission was granted to Robert Lauder of Bass, Sir Robert Lauder of Popill, his son and heir apparent, John and Patrick Lauder, his sons, William Aslowane, servitor of the said laird ('servitoris dicti domini'), Charles Lauder, servitor of the said Robert in The Bass, and Archibald Lauder, also servitor of the said Sir Robert, for taking part with others at Langside, and for the treasonable keeping of the castle and fortalice of The Bass against the King (sic) and his authority after the said Robert had been commanded to deliver it.
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On 2 December 1905 Norsk Hydro- Elektrisk Kvælstofaktieselskab (now Norsk Hydro) was founded, and plans to start a new plant in Rjukan were initialized; moving closer to the source of power would improve efficiency and not make it possible for the newly independent Government of Norway to hinder construction of hydroelectric power by foreign investors—a major political issue at the time. Rjukanfos applied for permission to build a power line from Rjukan to Notodden, but on 18 June 1907 the Norwegian Parliament did not accept the application, despite an offer from Eyde that the state would receive escheat after eighty years, in part because the state would have to guarantee for the project.Payton and Lepperød, 1995: 24–27 In the meantime, the issue of a pure industrial versus a general purpose railway line had stirred local protests, since Norsk Hydro had indicated they were not interested in building a railway to serve the general public. At the time it was common that lines built primarily for single- company freight transport would involve the subsidized operation of passenger and general cargo trains, at the expense of the railway owner.
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