Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-05-13

which It prescribes, imposing conditions not ex,ressed
tine contrac', or dispensing with the performance OF
thosc which, are however minute or apparently inmate
rial, impairs its obligation.
Let us again examine the act Of 1917. 1t declares.
"That hereafter no lands or lots shah be exposed 10 sale
Tor any arrears OF taxes and damages due thereon. ex-
cept in the manner hereafter TO be provided 10, Inv law.
but such arrears Of taxes and damages shall continue TO
be a lien upon the lands and lots on which they are
chargeabie." Here are mutual obligation. The PEG.
pie are bound TO pay the taxes, and il they neglect il.
it is upon the condition of paying ten per eentuus-4
per cent. in addition TO the common interesO-A condi-
ton chosen by the Legislature. The Government has
agreed with the people. that upon giving this indefinite
time, there shall be a lien, but that the land shall not
be sold until after a public law be passed for that pur-
pose. The Legislature holds the lien, clearly for the
taxes and damages, and nothing more.
The owner of land upon which another holds a lien
Jor de6f, according to principles of equity, is a trustee
for the benefit OF the debtor, unless a trustee he ex.
pressly appointed by the parties and in the event of
his falling, for an unreasonable length of time, to pay
the debt, the Court OF Chancery will order a sale OF so
much Of the land as will be necessary to paw the debt.
interest and costs, and appoint some person to make the
sale. This was all the Legislature intended by the act.
The tax is a debt-the owner of the land a trustee for
the ommonwealth-an if he will not otherwise pay
so much OF tho land must be sold, as will be necessary
TO make the debt, ten per cent. interest, and the costs
Of sale. An Officer must be appointed by law 10 make
The sale. This Is perfectly equitable, AMI this is what
the Legislature has agreed and pledged itself to do. 1t
is extremely doubtful how far the Legislature can en-
force the lien, where the lands have passed into the
hands oil innocent purchasers, without notice of the de-
linquency. Take the case of two individuals, one hav-
ing a lien on lands worth $4,000, for a debt of 800
due from the other Does any gentleman believe
that the Legislature could pass an act to forfeit absolute
ly the whole estate to the creditor, for the 800! No
man can believe it. Or will any one believe, that the
Legislature could forfeit il, by passing an act, that nu-
less the money was paid by November, 1893, il should
be forfeited I, And il this cannot be done, how is il pos
sible that the State can be put upon better footing than
individuals ! The Constitution applies alike 10 both
aud so do the principles of justice and equity.
lsit not obvious, that the absolute forfeiture of these
lands, Is a clear, plain, and open violation of the terms
OF the lien mentioned in the act of 1917? 1t is USE
less 10 gu te cases decided in the Courts, upon mortga-
ges, and other liens, to show the absurdity of the idea,
that a lien amounts to a forfeiture. The prohibition i'm
Inc Constitution, applying 10 the agrcemen and obliga-
ticns oil States, and the Legislature making this agree
ment and pledge TO the people, by the use of words
well understood by the Courts OF Chancery and the
people, the Government is bound by them and n, state
oil necessity will justly the Legislature in changing the
meaning and construction. with a view of effecting am
object not intended, when the words were used. View-
ing the question in the mildest aspect, as 2 mere ef-
fort on The part of the Legislature. n ompted nv The
best motives, 10 change the right of property between
many individuals, for the public COOL, and the best in
terests oil the Western people, still it $ a violation OF
the Constitution.
Itisprobable the Courts of Justice will consider the
sections prop rsed TO be stricken out, er post facto in
their operation.
L. is proposed TO divesi the owner Of his properly.
by the use OF the sttons term forfeiture. Itis no, un
worthy Of remark, that There Is no cnms kno vn to our
laws, Tor which we iutIct go obi Jus a punt hmeni. a
that OF iorf iIuee OF lands aud teuements. Not even for
treason, murder, feiory y, or OH. e etime! Yet tor the
non. payment OF taxes, which was no crime at the lime
the fact Of delinquency occurred, we propoBe 10 in
&c. this sev,re and Obsolete putt thmen'. Ii is ca most
|Jdcto Forfeiture depends upon a kind of implied con.
tract between the government and eople: Bscauie it is
the. condition fixed ty public law, under which the
people do, or neglectto do, what he law reqlir-s; end
hence the maxim OF 10 common law, thai who,oeyer
takes by forfeiture, Is a pur. haser. Tbs natural
jushce OF forfeiture or cor fisca.ion of property for ir a.
son, is foun ed in this confederation: that he WHO hath
thus violated the fundamental prinoii LEI of government,
and broken his par; OF the original contract between
* Fnn n aOrla "a a h.nlAn - - III
society aud ha h no longer any risht to hose advan
tsges which be'Gre belong, I'd t. him purely a, a mem
Der OF The cominnnf y: amorg which social advantages.
the right OF transfer ng or transmitting pope :ty TO 9th RS
Is one Of the Chief Such forieitures, moreover, where
by his posterity must suffer a, veil as himself, will helm
to restrain a man, not only by tn, sense of hi, duty
and Or, al oil perfonal punisbmen', but also by hs pas
sione and natural sfec inns" (I:h Blackstone 3S2 }
:" F,r'e.ture is a punishment annexed by law to some
Illegal act, or negligence" " At present l sha all oh
serve in general, tina, the offences which induce a for
TEXTURE OF lands aud tenements % the Crown, are prip-
cipaliy the following six: l.. Treason; 2 Felony; 3.
Misprison of Trea'on; 4. Premunire; 5. Drawing a
weapon on a Judge, or sticking any one in the presence
oil the Kings principal G aurts VI Justice; 6. Pspi.h re-
cusancy, o. non.obi rvarce Of certain laws 10 restraint
OF papists." I'll Black, 27l. We propose to il ct the
same punishment. for non.paymentot taxs', which is
found necessary TO enforce obedience TO the B.iish
G o"p; and not only 30. but to make 1t &c pest Iacto.
Yes, we propose TO make this omission OF duty oauaI TO
A tloGy! Blackstone, in adopting Sir Henry Speiman'.
Teulonic or German derivation OF the word felon shows
most clearly, that felony is hat off nee or OMISSION OF
Nu'y' VI NuiCn a maj may 1850 MS lands and lpnF-
ments. He says, "FELoN then acco-diog 10 him,
CSpslmaDo is derived from two northern gond: Fee
which signifies I'VE we'll know the 6et, fenf. or he
nehcia,y estA e: and LON, which isnihes p,ice or va.
lue. Felony ia therefore the sans a, DTetit,m feudi
The consideration for which a man gives up hi. Fl f. A,
we say In 20 nmon speech, such an act is az much as
your lite or estate il worth. In thii sapse IL win clear.
ly signify Inc feudal forfei,nrss, or acts by which an
estate is forfeited, or escheat d to The lord" We are
rot. however, lett to speculate al ogeihrr on Englrh
authority. Our own Court of Appeals has dsetded on
more than one occasion, thot The did acts of Assemble
Tor the foi feIture and sale OF lands for nor pawn, Mt Of
take, were, highly pendi and so are the provisions o
this bill.
TIE caseo' Kenaey VS. B VERY. 81 Hep. and AIua'd.
and 1892. A tract of lis. 49I acre. of latd Gas grant
ell TO VIM. B'vetiy and Sir j I'm Randolph on he 6 h
September, 1886 a pat OF ,his land vas laid out in
town 10 : IN S:aun'on, and the r gNt of X ,nlolph ibtr..
IN released to b verify, who afierwards died. and The
tile descended 10 Robert Beverly. The Defendant.
lie had an sgen, In S'auP'on to attend 10 the oaymont
OF the taxes, but the agen' refused to have In lo,s
assessed and taxed according TO the express.aS!r ot the
land old~rs under the la@. No taxes were p5d on
the lots for more than three v a,s, during the Tim,
the acts oil 1870 and '92 wer, in fcrce which declared
that in cas- the taxes 90 any tract of land shoulJ
not be paid for The space Of three year., il should be
forfeited and su'Jett 10 location. Kinney loca'ed, pa
tented, and Tor poIsession Of The lots az forfeit. d lauds
Beverley brought his action and Ia, case came w 10
the Curt OF Appeals. Judge RJdne remarked, "
%haSbeen said, that the omission t. return lands TO tbo
omission to pay the taxes: While this might be safely
admitted, yet, in the case Of an highly penal act, W.
canhot extend the cons ruc;ion thereof, beyond the
actual case which lie provided for" The case went of
mainly upon tue grounds, that the lots had no, been
listed by the Commi'tioner, returned to the Auditor,