The Land & Wealth of New South Wales: Including Some Economic Weapons for Political Warfare

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Central Press Agency, 1894 - 210 páginas
 

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Página 193 - ... there is no foundation in nature or in natural law, why a set of words upon parchment should convey the dominion of land: why the son should have a right to exclude his fellowcreatures from a determinate spot of ground, because his father had done so before him: or why the occupier of a particular field or of a jewel, when lying on his death-bed, and no longer able to maintain possession, should be entitled to tell the rest of the world which of them should enjoy it after him.
Página 195 - For, naturally speaking, the instant a man ceases to be, he ceases to have any dominion ; else, if he had a right to dispose of his acquisitions one moment beyond his life, he would also have a right to direct their disposal for a million of ages after him ; which would be highly absurd and inconvenient.
Página 196 - Almost all the real property of this kingdom is, by the policy of our laws, supposed to be granted by, dependent upon, and holden of, some superior lord, by and in consideration of certain services to be rendered to the lord by the tenant or possessor of this property. The thing holden is therefore styled a tenement, the possessors thereof, tenants, and the manner of their possession a tenure.
Página 195 - A man's children or nearest relations are usually about him on his death-bed, and are the earliest witnesses of his decease. They become therefore generally the next immediate occupants, till at length in process of time this frequent usage ripened into general law.
Página 196 - THE grand and fundamental maxim of all feodal tenure is this ; that all lands were originally granted out by the sovereign, and are therefore holden, either mediately or immediately, of the crown. The grantor was called the proprietor, or lord ; being he who retained the dominion or ultimate property of the feud or fee ; and the grantee, who had only the...
Página 196 - Thus all the land in the kingdom is supposed to be holden, mediately or immediately, of the king, who is styled the lord paramount, or above all. Such tenants as held under the king immediately, when they granted out portions of their lands to inferior persons, became also lords with respect to those inferior persons, as they were still tenants with respect to the king, and thus partaking of a middle nature, were called mesne, or middle lords.
Página 195 - It was clear that the earth would not produce her fruits in sufficient quantities, without the assistance of tillage : but who would be at the pains of tilling it, if another might watch an opportunity to seize upon and enjoy the product of his industry, art, and labour?

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