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of necessary confequence he has a right to a way over the same land to take it.

Secondly, the very possession of the wreck is in him, that has such right before any seizure.

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 same privilege goes to the grantee thereof.

$ 16. The statute of Westminster enacts that, where 2 Inst. 166. the ship or goods are deemed a wreck, they shall belong to the king, and be seized by the sheriffs, coroners, or bailiffs, and shall be delivered to them of the town; who shall answer before the justices, of the wreck belonging to the king. And, where wreck belongeth to another than the king, he shall have it in like manner.

$ 17. An estray is a beast, that is not wild, found Efray. within a lordship, and not owned by any man; in which case, 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 species of franchise.

$ 18. If the beast strays 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

in

. § 18—23. in it: and, therefore, the possession of the second lord is good against him.

į Roll. Ab. 879.

§ 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 shall have it again, but must pay the lord for its keep.

5 Rep. 108 b.

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

1 Roll. Ab. 888.

§ 21. It should 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 supposed to intend farther than his prerogative, which is to take the cattle of common persons.

Cro. Jac. 148.

$ 22. A beast estray is not to be used in any manner, except in case of necessity, as to milk a cow, but not to ride a horse.

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$ 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.

S 24. As S 24. As to the place where the finding is, it seems 3 Inf. 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.

S 25. Nothing is said to be treasure-trove, but gold Idem. and silver : 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 imprisonment.

§ 26. Royal fish consist of whale and sturgeon, to Royal Filh. which the king, or those who have a royal franchise, Plowd. 315. are entitled, when either thrown on the shore, or caught near the coast. This right is claimed and allowed by the statute de prerogativá regis : and Plowden observes, that this was not a new law, but a declaration of the common law, as it stood before that statute.

$ 27. Goods of persons, 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 usually called goods of persons put Idem. in exigent, bona et catalla in exigendo positorum : for, where a person is appealed or indicted of felony, and withdraws or absents himself for so 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

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

Deodands.

§ 29. Where a person comes to a violent death by 3 Inft. 57. 5 Rep. 110b. mischance, the animal or thing, which was the cause

of his death, becomes forfeited, and is called a deodand;

if given to God to appease his wrath : and the forfeiture accrues to the king, or to the lord of the manor, having this franchise, from the king; and it ought to be sold, and the money given to the poor.

as,

S 30. If the person wounded does not die within a

year and a day, after receiving the wound, nothing Hawk. P.C. shall be forfeited; for the law does not look on such Ch. 67, s.7.

a wound as the cause of the person's death. But, if the person dies within that time, the forfeiture shall have relation to the time when the wound was given ; and cannot be saved by any alienation, or other act whatever, in the meantime.

Idem, f. 8.

S 31. Nothing can be forfeited as a deodand, nor be seised as such, till found by the coroner's inquest to have caused the death of a person. But, after such inquisition, the sheriff is answerable for the value of it, and may levy the same on the town where it fell ; and, therefore, the inquest ought to find the value of it.

Fairs and Markets.

2 Inst. 220.

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

the

the king, or by prescription, which supposes such a grant.

$ 33. If, therefore, any private person sets up a fair Id. or market, without the king's authority, a quo war- den, z Burr.

Rex v. Martranto lies against him, and the persons who frequent R. 1812. such fair, may be punished by fine to the king.

S 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 scire facias. For, though such fairs and markets are a benefit to the public, yet too great a number of them

may

become a nuisance, as well as a detriment, to those who have more antient

grants.

$ 35. If a writ of quod damnum is deceitfully or improperly executed, it is void: as, where 7. S., intend. Rex y. But

ler, 2 Vent. ing to get a patent for a market every Tuesday at Chat.

344. ham, took out a writ of quod damnum, which was executed on the same day on which it was tefed, without notice to the mayor of Rochester; it was held void, and repealed by writ of scire facias.

4

S 36. If the king grants unto one a fair or market, 3 Inst. 220.

Inst. c. 60. he shall 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 supporting and maintenance of the fair or market.

S 37. Owners

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