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of neceffary confequence he has a right to a way over the fame land to take it.

Secondly, the very poffeffion of the wreck is in him, that has fuch right before any feizure.

Originally, all wrecks were in the crown, and the king has a right to way over any man's ground for his wreck; and the fame privilege goes to the grantce thereof.

§ 16. The ftatute of Westminster enacts that, where 2 Inft. 166. the fhip or goods are deemed a wreck, they fhall belong to the king, and be feized by the fheriffs, coroners, or bailiffs, and fhall be delivered to them of the town; who shall answer before the juftices, of the wreck belonging to the king. And, where wreck belongeth to another than the king, he fhall have it in like manner.

§ 17. An estray is a beast, that is not wild, found Eftray. within a lordship, and not owned by any man; in which cafe, if it be proclaimed according to law, at the two next market towns, on two market days, and is not claimed by the owner, within a year and a day, it belongs to the lord of the manor, if entitled to this fpecies of franchise.

§ 18. If the beaft ftrays into another manor within Cro. Eliz.716. the year, after it has been an estray, the first lord cannot retake it for, until the year and day be past, and proclamations made, he has not acquired a property

1 Roll. Ab.

879.

5 Rep. 108 b.

I Roll. Ab. 888.

Cro. Jac. 148.

Treafuretrove.

2 Init. 577.

3 Inft. 58.

in it: and, therefore, the poffeffion of the fecond lord is good against him.

S 19. If the beast be not regularly proclaimed, the owner may take him at any time; and, where a beast is proclaimed, as the law directs, if the owner claims it within the year and day, he fhall have it again, but must pay the lord for its keep.

§ 20. If the goods of an infant, feme covert, or person in prison or beyond sea, eftray, and are proclaimed according to law, if none claim them within a year and a day, they fhall be all bound.

§ 21. It fhould be observed, that, if any animal belonging to the king strays into the manor of a subject, it will not be liable to forfeiture: for the grant of the king cannot be fuppofed to intend farther than his prerogative, which is to take the cattle of common perfons.

§ 22. A beast eftray is not to be used in any manner, except in case of neceffity, as to milk a cow, but not to ride a horse.

§ 23. Treasure-trove is, where any money is found hid in the earth, but not lying upon the ground, and no man knows to whom it belongs; in which case, it becomes the property of the king, or of the lord of the manor having the franchise. But, if the owner may any ways be known, it belongs to him.

§ 24. As

§ 24. As to the place where the finding is, it feems 3 Inft. 132. not material, whether it be hidden in the ground or

in the roof or walls, or other part of a castle, house, building, ruins, or elsewhere, so as the owner is unknown.

§ 25. Nothing is faid to be treasure-trove, but gold Idem. and filver and it is the duty of every person, who finds any treasure in the earth, to make it known to the coroners of the county. For the concealing of 2 Hawk. P. C. 67. treasure-trove may be punished by fine and imprifonment.

§ 26. Royal fish confift of whale and fturgeon, to which the king, or those who have a royal franchife, are entitled, when either thrown on the fhore, or caught near the coast. This right is claimed and allowed by the statute de prerogativá regis: and Plowden obferves, that this was not a new law, but a declaration of the common law, as it ftood before that statute.

Royal Fish.

Plowd. 315.

S 27. Goods of perfons, who fly for felonies, are Forfeitures. forfeited to those lords of manors, who have royal 5 Rep. 110 b. franchises, when the flight is found upon record.

§ 28. These are ufually called goods of perfons put Idem. in exigent, bona et catalla in exigendo pofitorum: for, where a person is appealed or indicted of felony, and withdraws or absents himself for fo long a time, that an exigent is awarded against him, he forfeits all the goods and chattels which he had at the time of the

exigent

Deodands.
3 Inft. 57.
Rep. 1106.

exigent awarded; although he should render himself on the exigent, and be found not guilty.

§ 29. Where a perfon comes to a violent death by mifchance, the animal or thing, which was the caufe of his death, becomes forfeited, and is called a deodand; as, if given to God to appease his wrath and the forfeiture accrues to the king, or to the lord of the manor, having this franchife, from the king; and it ought to be fold, and the money given to the poor.

§ 30. If the perfon wounded does not die within a year and a day, after receiving the wound, nothing Hawk. P. C. fhall be forfeited; for the law does not look on fuch Ch. 67. f. 7. a wound as the cause of the perfon's death. But, if the perfon dies within that time, the forfeiture shall have relation to the time when the wound was given; and cannot be faved by any alienation, or other act whatever, in the meantime.

Idem, f. 8.

Fairs and Markets.

2 Inft. 220.

§ 31. Nothing can be forfeited as a deodand, nor be feifed as fuch, till found by the coroner's inquest to have caufed the death of a perfon. But, after fuch inquifition, the fheriff is anfwerable for the value of it, and may levy the fame on the town where it fell; and, therefore, the inqueft ought to find the value of it.

S.32. Another right, frequently annexed to a manor, is that of holding a fair or market; which is derived from the royal prerogative: for no perfon can claim a fair or market, except it be by grant from

the

the king, or by prescription, which fuppofes fuch a grant.

$ 33. If, therefore, any private perfon fets up a fair or market, without the king's authority, a quo warranto lies against him, and the perfons who frequent fuch fair, may be punished by fine to the king.

Id.

den, 3 Burr.

Rex v. Marf

R. 1812.

§ 34. If the king grants a patent, for holding a fair 3 Lev. 222. or market, without a writ of ad quod damnum executed and returned, the fame may be repealed by fcire facias. For, though fuch fairs and markets are a benefit to the public, yet too great a number of them may become a nuifance, as well as a detriment, to those who have more antient grants.

ler, 2 Vent.

344.

§ 35. If a writ of quod damnum is deceitfully or improperly executed, it is void: as, where 7. S., intend- Rex v. Buting to get a patent for a market every Tuesday at Chatham, took out a writ of quod damnum, which was executed on the fame day on which it was tefted, without notice to the mayor of Rochester; it was held void, and repealed by writ of fcire facias.

S 36. If the king grants unto one a fair or market, a Inft. 220. 4 Inft. с. бо. he fhall have, without any words to that purpose, a court of record, called a court of pie-powders, as incident thereunto; for that is for advancement and expedition of justice, and for the fupporting and maintenance of the fair or market.

§ 37. Owners

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