Page images
PDF
EPUB

4 Inft. c. 61.

S 37. Owners and governors of fairs are to take care, that every thing be sold according to just weight and measure ; and, for that, and other purposes, they may appoint a clerk of the fair or market, who is to mark and allow all such weights; and for his duty therein, can only take his reasonable and just fees.

2 Inst. 219.

$ 38. A right of taking toll is usually annexed to
a fair or market, though, in many instances, no toll

is due; in which case, it is called a free fair or market :
Heddy v. for toll is not incident to a fair or market, and can
Wheelhouse,
Cro.kliz.558. only exist by special grant from the king, or by pre-

fcription; and, if the toll be unreasonable, the grant
will be void.

2 Iust. 219.

1

$ 39. By the statute of Westminster, 1 Ch. 1., it is enacted, that, where persons take outrageous toll, contrary to the common custom of the realm, in market towns, if they do so in the king's town, the king shall seize the franchise into his own hands. And, if it be in another's town, and the same be done by the lord of the town, the king shall do in like manner.

Dixon v. Robinson, 3 Mod. 107

S 40. Where the king grants a fair generally, the grantee may keep it where he pleases, or rather, where he can most conveniently. And if granted to be held in a town, he may keep it in any place in the town.

§ 41. Queen Elizabeth, by her charter, granted to Henry Curwen, lord of the vill and manor of Workington, that he and his heirs might hold within the said vill a market every Wednesday for ever. By another

Curwen v.

ilkeld, 3Laft. R.588.

charter

charter of the 2 Jac. 2., after reciting the former charter, and that the market thereby granted had not, for many years, been used, the king proceeds to grant, ratify, and confirm the same to Henry Curwen Esq. and his heirs, in the same words, and in as ample a manner as before, infra villam de Workington. The question was, whether the lord of the manor had a right to remove the market-place from one situation to another within the precincts of the vill of Work. ington.

Lord Ellenborough." If the lord have a grant of “ a market within a certain place, though he have at

one time appointed it in one situation, he may cer

tainly remove it afterwards to another situation, « within the place named in his grant. This was long Ante:

ago settled in Dixon v. Robinson, and, in modern

times, has been acted upon, in the case of Manchester market. There is nothing in reason to pre

vent the lord from changing the place, within the “ precin&t of his grant, taking care, at the same time,

to accommodate the public. Neither is there any

authority which says, that, having once fixed it, “ he is compellable ever after to keep it in the same place. In many instances there

may

be

great public “ convenience in the owner having liberty to remove “ it; for the buildings in a growing town may take a “ different direction, away from the old market-place. “ If the lord, in the exercise of his right, be guilty of

any abuse of the franchise, there may be a remedy “ of another nature. The right of removal, however, “ is incident to his grant, if he be not tied down to a VOL. III.

U

« particular

[ocr errors]

particular spot by the terms of it. Till it be re

moved, the public have a right to go to the place “ appointed, without being deemed trespassers : but “ after the lord has removed it, of which public no“ tice was given in this case, the public have no longer a right to go

there
upon

his soil. If a private injury “ has been sustained by any individual, who has been " deceived by the lord having holden out to him a “ particular site for the market-place, in order to “ induce him to purchase, or build there, for the « convenience of it, that may be the subject of an “ a&ion, to recover damages for the particular injury “ sustained by that individual; but does not preclude “ the lord's general right to remove the market.”

A Forest.

S 42. Another franchise, annexed to real property, 4 Inft. c. 73. is that of having a forest, chase, park, or warren, with a right of killing all sorts of

game therein.

2 Comm.415

Upon the establishment of the Normans in England, it became a principle of law, that the right of pursuing and taking all beasts of chase or venary, and such other animals as were accounted game, belonged to the king, or to those persons only, who were authorized by him.

Lib. 2. c. 24. f. 1.

S 43. Thus, Bractón fay: “ Habet etiam (Rex) de jure gentium in manu fuâ, qua de jure naturali deberent elle communia ; ficut feras beftias, et aves non domesticas.

S 44. In § 44. In consequence of this right, the first kings of the Norman line not only reserved to themselves the sole and exclusive property of the antient forests, but also created others of greater extent, particularly the New Forest in Hampshire ; and placed them under the 1 Inst. 300. jurisdiction of particular courts, and established a variety of officers, for the purpose of preserving the game in those forests.

S 45. Manwood has defined a forest to be “a cer. Treat. of the

Forest Laws, “ tain territory or circuit of woody grounds and Ed. 1717. “ pastures, known in its bounds and privileges, for “ the peaceable being and abiding of wild beasts and “ fowls of forest, chase, and warren, to be under “ the king's protection, for his princely delight, re

plenished with beasts of venary and chase, and great * coverts of vert, for succour of the said beasts: for pre“ servation whereof, there are particular laws, privi

leges, and offices, belonging thereunto.”

S 46. Manwood says, that vert and venison are the 345, 350, two great ornaments of a forest. The word vert is 4 last. 316. derived à viriditate, greenness ; and comprehends all trees and underwood, growing in a forest, and bear. ing green leaves, which may cover or feed the deer. The word venison comprises every beast of the forest or chase, which is taken by hunting: and all the pleas of the forest are, vel de viridi, vel de venatione.

S 47. It is well known, that the laws, which were made for the preservation of the game in the king's forests were so cruel, that the repeal of them was most

U 2

anxiously

anxiously required : and that the charta de forestå, by which their vigour was mitigated, gave as much fatisfaction to the people, as even magna charta.

355.

S 48. Several of these forests were, in course of time, granted by the crown to great lords, as a reward for their services; by which means, they acquired the royal franchise of a forest. And Manwood says that, where the king, being feised of a forest, granted it by letters patent to a subject, by the name of a forest, habendum cum omnibus incidentibus, appendiciis, et per. tinentiis, the grantee took it as a forest; and all the officers who belonged to the forest remained as they were before, excepting only a chief justice in eyre.

$ 49. The same author also says, it appears from 153 4 inft. 314.

the records of the court of the Dutchy of Lancaster, that, in the reigns of Edw. 2. and Edw. 3., the Earl

of Lancaster had a forest in the counties of York and i Inft. 233 a. Lancaster, and executed the forest laws there, as largely

as ever any king did before.

Idem.

S 50. Lord Coke fays, that beasts of forest are properly hart, hind, buck, hare, boar, and wolf, but legally all wild beasts of venary; and that it was resolved by the king's counsel, that capreoli, (that is) roes, non funt beftia de forestá, co quòd fugant alias feras.

A Free
Chale.

S 51. A free chase is a right of hunting and killing game over a certain district, derived from a royal grant,

Or

« PreviousContinue »