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Many state and federal statutes provide that when property is used in certain prohibited ways, ownership of the property passes to the government. Often, the statutes allow these forfeitures to be declared in civil proceedings against the property itself, without the normal safeguards of the criminal process. Indeed, if no one claims the property after proper notice, the government’s assertion of ownership can become incontestable without any judicial proceedings at all. Statutes authorizing such civil or administrative forfeiture might seem like egregious violations of both property rights and criminal-procedure rights guaranteed by the federal Constitution. But while forfeiture statutes may be unfair and unwise, this Feature cautions originalists not to assume that they are unconstitutional. The Feature concludes that the original meaning of the Constitution (as liquidated by historical practice) does not foreclose the three key features of forfeiture
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McPherson, Christopher (ca. 1763–1817) – Encyclopedia Virginia encyclopediavirginia.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from encyclopediavirginia.org Daily Mail and Mail on Sunday newspapers.
Under the military government instituted by Sir Thomas Dale after he arrived in Virginia in May 1611, military commanders were responsible for civil administration and local defense in the old and new Virginia settlements. Dale established at least five settlements by early in the 1610s, located from the present-day Richmond area to the Eastern Shore. Because no ecclesiastical courts existed in the colony, the governor and his Council proved and recorded wills and settled the estates of people who died. They also tried criminals and attended to all other business conducted by the various courts in England. By 1622, however, the population of the colony had grown to such an extent that early in the year, as the early American historian William Stith wrote in ....
Harvey, Sir John (ca. 1581 or 1582–by 1650) – Encyclopedia Virginia encyclopediavirginia.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from encyclopediavirginia.org Daily Mail and Mail on Sunday newspapers.