Page:The New International Encyclopædia 1st ed. v. 07.djvu/235

* ESCHEAT. 203 ESCHER VON DEB, LINTH. falls back or revolts to the immediate lord of whom the fee is held. In the common law system there is, in theory at Vast, no such thing as absolute ownership of real property. The most extensive estate which one ran have, the fee simple, is regarded as a derivative or subordinate estate, held of a superior landlord, to whom in eeliain I'Velll lial il ies il will lvluni The fad that in process of time most, if not all, inter- mediate or mesne lords have been eliminated, and that lands are now held in subordination only to the State, or, in England, to the Crown, does not vitally affect this principle. The claim of the Slate to take lands by escheat is still based upon the theory of a superior lordship or proprietor- ship, and the holder of land in fee simple is still properly described as a tenant. In order to com- plete the title acquired by escheat, it is neces- sary that the superior lord shall perform some act, such as entering and taking possession of the land or bringing an action at law for its recovery. The principle upon which he thus re- covers the property is that, since none but those who are of the blood of the person last seized can inherit, and there are no persons of that blood in being and capable of inheriting, the land must result back to the lord of the fee, of whom it is held. According to the law of England, escheat was either propter defectum sanguinis — i.e. because there were no heirs of the deceased tenant — or propter delictum tenentis — i.e. because the blood of the tenant was attainted or corrupted, so that those who were related to him as heirs could not inherit. Such corruption of blood occurred when the tenant was convicted of treason or felony. The rule applied to all felonies, and frequently produced much hardship. This form of escheat was peculiar to English law. It is to be care- fully distinguished from forfeiture of lands to the Crown for treason or felony, which has prevailed in other countries besides England. When this latter penalty was enforced for the crime of trea- son, the offender forfeited all his lands absolutely to the Crown ; when it was enforced for any other felony, the forfeiture to the Crown was of all the offender's estates for life absolutely, and of all his estates in fee simple for a year and a day, after which they escheated to his immediate lord. (See Forfeiture. ) In English law, escheat as a result of conviction of crime is now abrogated ; and all forfeiture for crime, except in cases of outlawry, is abolished. (Statute 33 and 34 Vict., c. 23.) It is provided by the Constitution of the United States that "Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted." (Art. iii. § 3.) This indicates the policy which has molded the laws of the va- rious States, so that escheat as the result of crime is practically unknown in this country. Though the feudal system of land tenure ex- isted only in its later and mitigated form in the United States, and though it has been expressly declared to be abolished in some of the States, it continues in many important respects to gov- ern the real property law and its incidents. By virtue of statutory provisions, generally found in the State constitutions, the title to the property of one who dies without heirs is still transferred to the State in which it is situated, and this Vol. VII— H. transfer is still denominated an escheat. It is the general rule that a proceeding known as 'in- quest of office' musi be instituted, and an office found in behalf of the State, in order to vesl in it the title to a decedent's realty. Bui this is not required in some of the States. See Estate; Iii ; REAL PROPERTY; TENUKEJ and the authori- ties there referred to. ESCHENBACH. 6sh'en-baG, Wolfram von. See Wolfram vox ESCHENBACH. ESCHENMAYER, esh'en-mi-er, Karl Au- gust vox (1768-1852). A German metaphysi- cian. He was horn at Neuenburg, and was professor oi practical philosophy at the Univer- sity of Tubingen from 1818 to 1836. He studied and taught philosophy from the standpoint of Schelling (q.v.), his mystical tendency express- ing itself in the assertion that one must advance beyond philosophy into non-philosophy, a realm where not 'speculation, but faith.' holds sway. He took a deep interest in animal magnet- ism. His feelings found expression in vio- lent polemics against the theories of Hegel and Strauss and in fanciful dreams of the spirit world. Among his writings are: Die Philo- sophie in ihrem Uebergange zur Nichtphilosophie (1S03) : Psychologie (1817) ; System der Moral- philosophie (1818); Religionsphilosophie (1818- 24); Mysterien des innern hebens (1830); and Grundriss der Naturphilosophie (1832). ESCHEB, esh'er. JoHANN HEINRICH Alfrkd (1810-82). A Swiss statesman, born at. Zurich. He studied law in his native town and at Bonn, Berlin, and Paris. In 1844 he was elected mem- ber of the Grand Council of the Canton. Even at that early period his sentiments were decidedly liberal. In January, 1845, together with six others, who shared his opinions, he published the famous summons to the popular assembly in Unterstrass, demanding the expulsion of the Jesuits. He was elected to the Council of the Interior in 1845, and to the Council of Educa- tion in 184G. The reorganization of the schools in the Canton of Zurich was his chief work, and he succeeded in introducing modem methods into the system of secondary education. In Decem- ber, 1847, he became president of the Grand Council, and the following year he was sent as a deputy to the Federal Diet. In December of the same year he became president of the newly elected Cantonal Administrative Council. His energies were directed to the promotion of educa- tion, but he also furthered railway enterprise and hanking institutions in Switzerland. He was president of the National Council in 1849. Vice- President of the Confederation in 1856-57 and 1801-62, and became subsequently several times President. He died December 6, 1882. at Zurich, where a bronze statue has been raised to his memory. ESCHER VON DER LINTH, esh'er fon der lent. Hans Konrad (1767-1823). A Swiss states- man, born at Zurich. After study at Gottingen (1786-88) and extensive travel., he entered Swiss politics, and was elected to the Legislative As*- sembly of the Belvetian "Republic. In 1802 he withdrew from political affairs, and from 1807 to its completion in 1822. as president of the board of inspection, directed the great work of improving the Li nth, the upper course of the Limmat. by means of a canal. A large tract of land was thus reclaimed to useful purposes.