5 Rep. 104 b.

A Court Leet.

45. The lord of a manor may erect a dove-cote de novo on his land, being parcel of the manor, and store it with pigeons.

46. There are a variety of other franchises usually annexed to manors: the principal of which are, the right to hold a court leet; and to have waifs, wrecks, estrays, treasure trove, royal fish, goods of felons, and deodands: all which were originally granted by the Crown to the persons entitled to those manors; and became appendant to them.

47. A court leet is a court of record, having the same jurisdiction, within some particular precinct, which the sheriff's tourn has in the county. It is < not necessarily incident to a manor, like a court baron; but is derived from the sheriff's tourn, being a grant from the Crown to certain lords of manors, Colebrook v. for the ease of their tenants, that they might administer justice to them at home.

Elliot,

3 Burr. 1859.

Waifs.
Foxley's
Case,

5 Rep. 109.

48. To every court leet is annexed the view of frankpledge; which means the examination or survey of the frankpledges, of which every man, not particularly privileged, was antiently obliged to have nine, who were bound that he should always be forthcoming, to answer any complaint.

49. Waifs are goods which have been stolen and waived; or left by the felon on his being pursued, for fear of apprehension. Thus, if a felon who is pursued waives the goods; or thinking that he is pursued, flies away, and leaves the goods behind him; the King's officer, or the bailiff of the lord of the manor, who has the franchise of waif, may seize the goods, to the King's or the lord's use, and keep them: unless the owner makes a fresh pursuit after the felon, and sues an appeal of robbery, within a year

and a day; or gives evidence against him, whereby he is attainted, &c.; in which case the owner shall have restitution of his goods so stolen and waived.

50. The reason that waifs are forfeited, and that 5 Rep. 109 a. the person from whom they were stolen shall lose his property in them, is on account of his default in not making fresh suit, to apprehend the felon; for which the law has imposed this penalty on the

owner.

51. Though waif is generally spoken of goods stolen, yet, if a person be pursued with hue and cry as a felon, and he flies and leaves his own goods, these will be forfeited as goods stolen. But they are properly fugitive's goods, and not forfeited till it be found before the coroner, or otherwise by record, 3 Hawk. that he fled for the felony.

P. C. 450.

52. If the thief had not the goods in his pos- 5 Rep. 109 a. session when he fled, there is no forfeiture: for if a felon steals goods, hides them, and afterwards flies, there is no forfeiture. So where he leaves stolen goods any where, with an intent to fetch them at another time, they are not waived. And in these cases, the owner may take his goods where he finds them.

Cro. Eliz.

694.

Case,

53. Wreck signifies such goods as, after a ship has Wreck. been lost, are cast upon the land; for they are not Constable's wrecks as long as they remain at sea, within the 5 Rep.106. jurisdiction of the Admiralty. And by the statute

of Westminster the first, 3 Edw. I. c. 4. it is enacted, 2 Inst. 166. that when a man, or any living creature, escapes alive

out of a ship that is cast away, whereby the owner of the goods may be known, the ship or goods shall not be a wreck.

54. If a ship is pursued by an enemy, and the Idem, 167. mariners come ashore, leaving the ship empty, and

Idem.

she comes to land without any person in her; yet she is not a wreck, but shall be restored to the

owners.

55. By the common law all wrecks belong to the King, in consequence of the dominion he has over the seas; for being sovereign thereof, and protector of ships and mariners, he is entitled to the derelict goods of merchants. This is the more reasonable, as it is a means of preventing the barbarous custom of destroying persons who in shipwrecks approach the shore, by removing the temptations to inhumanity. This right however may, and often does, belong to Vol. 2. 452. lords of manors, having the franchise of wreck, by grant from the Crown, or by prescription.

Cases and
Opinions,

2 Inst. 166.

5 Rep. 106 d.

56. The right to wreck is confirmed by the statute of Westminster the first, which enacts, that where 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 wrecks belong to another than the King, he shall have it in like manner.

57. Flotsam is where a ship is sunk, or otherwise perished, and the goods float on the sea. Jetsam is when the ship is in danger of being sunk; and to lighten her, the goods are cast into the sea, and afterwards the ship perishes. Lagan, or rather Ligan, is when the goods are so cast into the sea, and afterwards the ship perishes; and such goods are so heavy that they sink to the bottom; and the mariners, to the intent to have them again, tie to them a buoy or cork, or such other thing that will not sink, so that they may find them again. Et dicitur ligan a ligando. None of these goods which are called Jetsam, Flotsam,

or Ligan, are called wreck, so long as they remain in or upon the sea; but if any of them, by the sea, be put upon the land, then they shall be deemed wreck.

58. If a person has a right, either by grant or Anon. prescription, to wreck thrown upon another's land, of 6 Mod. 149. necessary consequence he has a right to a way over

the same land to take it: and the very possession of the wreck is in him that has such right, before any seisure.

59. An estray is a beast that is tame, found within Estray. a manor, owned by no one; in which case, if it be proclaimed according to law, at the two next markettowns, on two market-days, and is not claimed by the owner within a year and a day, it becomes the property of the lord of the manor, if entitled to this species of franchise.

contra

60. If the beast strays into another manor within Bro. Ab. the year, after it has been an estray, the first lord Estray, pl.11. cannot retake it; for till the year and day be past, 12 Rep. 101. and proclamations made, he has not acquired a

property in it; therefore the possession of the second

lord is good against him.

61. If the beast be not regularly proclaimed, the 1 Roll. Ab." time. And where a beast 879. owner may take it at any time.

is proclaimed as the law directs, if the owner claims

it within the year and day, he shall have it again, upon paying for its keep.

62. If the beasts of an infant, feme covert, or 5 Rep. 108 b. person in prison, or beyond sea, stray, and are proclaimed according to law; if none claim them within a year and a day, they shall be all bound, and become the property of the lord.

888.

63. If any animal belonging to the King strays 1 Roll. Ab. into the manor of a subject, it will not be liable to forfeiture for the grant of the King cannot be sup

Cro. Ja. 148.

Treasure

Trove.

3. 132.

posed to intend farther than his prerogative, which is, to take the cattle of common persons.

64. 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.

65. Treasure trove is where any money is found 2 Inst. 577. hid in the earth, and no one knows to whom it belongs; in which case it becomes the property of the lord of the manor, having this franchise. But if the owner may any ways be known, it belongs to him. As to the place where the finding is, it seems 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.

Idem.

2 Hawk.

P. C. 67.

Royal Fish.

Goods of
Felons.

66. Nothing is said to be treasure trove but gold and silver and it is the duty of every person who finds any treasure of this kind, to make it known to the coroners of the county: for the concealing of it is punishable by fine and imprisonment.

67. Royal fish consist of whale and sturgeon, to which the King, or those entitled by grant from him, or by prescription, have a right, when either thrown on shore, or caught near the coast. This right is declared by the stat. 17 Edw. II. c. 11. De prerogativa Regis.

68. Goods of felons who fly for felonies, are for5 Rep. 1106. feited to those lords of manors who have royal franchises; when the flight is found on record. These are usually called goods of persons put in exigent; for where a person is appealed or indicted of felony, and withdraws or absents himself for so long time that an exigent is awarded against him, he forfeits all the goods and chattels which he had at the time of the exigent awarded; although he renders himself on the exigent, and is acquitted.