The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1880-01-17

country exercised the right of appointing
guardians for the persons and property ol
the minors. In the 18th century there
were established what were styled orphans
courts. They had jurisdiction over the.es-
tates Of deceased persons.
At that period cities acted as distinct SOW
ereignties to the extent Ct the authority be-
\ slowed.
In 1851 Phillip of Burgundy granted to
the city of the Hague such an orphans
court. To the city of Delft was granted the
same privilege by Count William of Bava-
ria on the 18th of May, 1855. Maximillian,
by statute proclaimed on the 10th of No
vember, 14s5, extended moro generally this
right. ,
Claims bf this class were settled under this
system until 1909, when all orphans courts
were abolished by the introduction of the
French civil law throughout the Kingdom
Of the Netherlands. The methods Of pro-
cedure under this code were concluded by
the principles laid down by Grotius and
Van Leuwen, who were to Dutch law what
Blackstone has been to English and Ameri-
can law.
Another chbnGo was made on the 18th of
March, 1852, when the staats general, or
parliament of the Netherlands, passed an
act providing for the organization of state
commission, whose duty it was made to de-
termine claims against the government All
the funds, thereto, under the care of the or
phans' court or other officers and undisposed
of, passed under the custody of this commits
sioni This act also provided that for any
sum not paid over, and which has been
within the Jurisdiction of the orpans' court
the municipality in which it was appointed
should still be liable to any one establishing
his right to it,
The rules of this commission require that
all persons making demand for funds un.
der its control shall make full statement
of the case in writing with proofs of de-
scent and identity. A receipt Is given for
the papers, and within two months the
commission announces its decision. If ad-
verse, the claimant has right to appeal of
the courts
This act also provides that as soon as prac-
ticable, after its taking effect, an advertise
ment shall be inserted in the official jour-
nal known as the "Staats Courant," notify
ing all claimants to any portion of the funds
in their hands TO make demand and proof
also, that after an interval of six months
from the first there should be a second ad-
vertisement, and that after the lapse of five
years from such second notice all estates to
which claims had not been established
should escheat to the state or the crown.
This law may readily be applied in the dis
posal Of such estates as are in the care of the
commissioner prior to 1852 It is scarcely
reasonable to expect that any government
would hold itself accountable, without limi-
tation as to time, for all waits that may have
fallen under its protection.
There are, however, many persons in the
United States who expend large sums upon
travel, upon ageuts and atttrneys,under the
belief that this government now holds vast
amounts IN its treasury, and is only waiting
to welc5h1e some one who will come and
claim it. However willing the government
might be, it would rot be practical for it to
pay one 1.-THE Of the demands asserted. l
remember the case of one claimant who
called upon me with advocates and briefs,
after having made an expensive trip from the
United States, who estimated the amount of
the demand, with interest for 200 years, as
greater than any government in Europe
could gather together, but expressed will
lingness to be satisfied with the principal
and to give further time for the interest.
Yet wien made inquiry learned that
this case had been decided adversely by the
courts years ago.
1t is but just to say chat if any citizen @
the United States has bona fde claim
against the government of the Netherlands,
that can be clearly and satisfactorily shown,
he may rely upon it there is no government
that will more promptly, fully and justly
meet the demand.
Hoping these hints may be of some SER
vice to those interested in the subject,
am, sir, very respectfully,
Your obedient servant,