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i&ges which the system confers , though no one can deny that it is a heavy tax and one which ought to be reduced . The modern distinction introduced by the English lawyers between an equitable and a marketable title , and the delay and expense thereby inflicted on a seller , together with the necessity , and at times enormous cost of getting-in outstanding terms , are entirely
avoided . Public and repeated notices , with sufficient time to make them available , are given for the purpose of considering and admitting any hostile claim , or of making known and valid any prior mortgage ; and few persons are to be now found in France who , previously to advancing money either on mortgage or on purchase of land , do not examine the records at the Bureau Hypoth&ques . * There is a custom in France which , at first sight ,
would appear to be confined to the usage of dealers in wine , but the seller of land is also entitled to his * pot de vin . ' In the items of the sales of M . Marchant de Verriere ' s wines , made year after year at his vineyards near Orleans , genuine particulars of which were obligingly communicated to me without reserve , a certain sum per hogshead is mentioned as the sale price , and in addition , so much for 4 pot de vin ; ' for instance , c 8 November
1816 , sold 64 hogsheads of white wine at 60 francs , ' and 60 francs de pot de vinJ ^ This * pot de vinj which is arbitrary , and bears no fixed proportion to the price of the article sold , is applicable to other articles as well as to wine , even to land , a considerable amount of the purchase money being sometimes paid under that denomination , and is seldom included in the gross sum to be hypothequed . It bears great resemblance to the per centage
generally paid down by way of deposit in England , which constitutes a portion of the purchase money of an estate on which the ad va * loretn stamp duty is levied ; the * pot de urn' is not subjected to the operation of the hypotheque , and not being taxed is of course not protected by it . This singular custom is not of modern origin in France . Under the old regime , whenever a bargain relating to the monopolies and other sources of revenue was struck between
the king and the fermiers generaux , every minister received a gift called 4 un pot de vrn 9 ' which pottle of wine was of the value of 100 , 000 livres . The favourite sultana procured these places for her friends , or for those recommended by her friends ; and these ladies were known to be particularly fond of this kind of wine , —they drank with great avidity repeated pottles . To indemnify themselves for these presents , the fermiers generaux oppressed the people in the most dreadful manner . To save themselves from this
excessive tyranny the people were naturally driven to commit many frauds in return , or as they deemed it , in self-defence , so that the ferme generate exercised the most unceasing vigilance , and un-* Hypothdque , t . f . Droit acquis par un cr 6 ancier sur Ie » biens qvie ion dlbitetir lui a affect 6 s pour la surety de sa dette . —Dictionnaire de FAvadimie Kra / ifour , cinquteme E dition , f In a future notice the whole of these interesting particulars will be given .
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Notices of France . 10 T
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Citation
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Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), Feb. 2, 1833, page 107, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/mruc/issues/vm2-ncseproduct2608/page/39/
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