Select Letters On the Trade And Government of America And the Principles of La
Select Letters On the Trade And Government of America And the Principles of La
Francis Bernard
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The new jurifdiftions eftabliflied by the King, until they are confirmed by Parliament, are only tem- porary provifions. 23. The King has a right to grant to private perfons goods or lands which have been acquired by, or have fallen to the general eftate, fo that fuch grants be agree- able to law; in which cafe, they are prefumed to be be- neficial to the community. 24. Such grants may be enquired into legally by the courts of law, and difcretionally by the Parliament; and if they (hall be foun...d to be illegal, exorbitant, or preju- dicial to the community, they may be avoided, upon a prefumption that the King was deceived. 25. A grant upon a condition performed, or to be performed, is a grant upon a valuable confideration : if the condition is performed, the grantee becomes a pur- chafer for value; if it is not performed, the grant is void, 26. JurifdicYion, being a matter of public truft, and not of private property, cannot be claimed as granted for a valuable confideration. 27. If a grantee profefles to hold a jurifdiflion as a property yielding profit, he proves that he ought not to C 75 ] hold it; as the profit mud arife from fomething or other prejudicial to the public ; for whofe fake only jurifdic- tions are or ought to be created or exercifed.
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