The Pamphlet Collection of Sir Robert Stout: Volume 2

Changes of Law in the United States

Changes of Law in the United States.

Changes of Law in the United States.

Our colonies have dealt not less rudely with the principles of English land laws. The various States of North America retained them for many years, so long as they remained colonies, but after separation from the mother-country, commenced to amend them. By then new constitution the subject of the land laws was left to the discretion of the State legislatures. It is strong testimony to the strength of public opinion against these laws, and also to the result of the change, that every

Changes of Law in the United States.

State has in succession abolished primogeniture and has so restricted the power of settlement that what we call entail is impossible. They have universally, however, retained the freedom of willing. They have rejected the French system of compulsory division of property. They have preserved the parental authority intact. The universal custom, however, of testators is to distribute property on death equally among their children. Any preference not justified by exceptional circumstances is most rare, is condemned by public opinion, and where attempted not unfrequently leads to the will being disputed and upset on the ground of undue influence. Land transfer is exceedingly simple and uncostly; mortgages, which are almost a necessity for the existence of small properties, are effected with the greatest ease and at a most trifling cost, and the whole process of dealing with land is assimilated to that of personal property. Any legislation which tends to the monopoly of land or to reduce or curtail the free rights and dominions of its owners has everywhere been repudiated.