« AnteriorContinuar »
Pow. 150 (hunters and stealers of deer are bere to be inquired of
and presented). Disturbers.-See post, Noctivagancy. Doves: (Dovecotes.)—Stat. 18 Edw. 2 (of such as take doves in
winter by door-falls or engines). Vide also Stat. Wall. ; Shepp. 60; Kitch. 17 (taking doves in the dove-house in the night is felony and inquirable in leet, but not where they are taken in their roost out of the dove-house, cites Stamf. 25 C. 22 Ass. 29; 18 Hen. 8, 2). And see Pow. 64; Jenk. P. C. 11 (taking of doves out of a dovehouse in the night time is felony); Britt. c. 29 (of the takers of ano
ther's doves.) (a). Dozeins : (Direins.)-Stat. 18 Edw. 2 (“and if all the dozeins be
in the assise of our lord the king, and which not, and who received
them”). Ante, Chief Pledges. Drunkenness.-See post, Tiplers. Escape.-Stat. 18 Edw. 2 (of persons imprisoned, and after let go
without main prize); ib. (of escapes of thieves or felons); Kitch. 18, citing Stamf. 32 I. 33 B. (voluntary, i. e. if a person after taking another for felony allows him to escape, this is felony: negligent, i.e. if a person is arrested for felony, and afterwards escape through the negligence, though against the will, of his keeper, and if he be not freshly pursued and taken before the keeper lose sight of him, that is fineable, and inquirable in leet). Vide also Jenk. P. C. 12; Pow. 77; Greenw. 288; 1 Hale, H. P.C. 603 (“ an escape is presentable in a leet, but they cannot set a common fine or amercement there, but it ought to be sent to the next Eyre, &c., or may be removed into the King's Bench by certiorari, and there the common fine or amercement set, and this by the statute of Westm.
1, c. 3"). Escheat.—See post Forfeiture. Estray. Kitch. 22, (“ if any estray be it is inquirable”). And see
Shepp. 12, 43; ante, p. 647 et seq.
(a) It was held in Bowlston v. Hardy, Cro. Eliz. 548, (S. C. 5 Co. 104 b, Mo. 420, 453,) that dovecotes could be erected by the lord of a manor only, and that if a private person erected a dovecote, he was punishable in leet for a nuisance, but that an action on the case did not lie; and see Bond's case, Mo. 238, which supposes the right to exist not only in the lord of a manor, but in the parson of a parish. It is difficult, however, to imagine that a right could exist prescriptively in any individual, which, if exercised by another,
would be deemed a public nuisance. Indeed the above authorities appear to have been over-ruled, or more properly speaking, denied. See Dewell v. Sanders, Cro. Jac. 490, in which the court also held, that so far as the erecting of a dove-house (or rather the storing of it with pigeons) might be a nuisance, it extended itself beyond the boundary of any leet jurisdiction existing in the particular place, and therefore was not inquirable in the court leet, but by the justices of assise; vide also 1 Roll. Rep. 201.
Eve-droppers.-Jenk. 22; Kitch. 20 (such as stand under walls,
windows, at doors or other places to carry tales to others, thereby to cause debate or strife amongst their neighbours). Vide also
Scroggs, 20; Shepp. 48; Pow. 91. False Measures.-See Measures, post. Felonies.—Kitch. 15 (of all felonies at the common law, but not of
the death of a man, cites 22 Ed. 4, 22); Br. Leet, 26, cites S. C. And see ib. 2; 2 Inst. 181; Shepp. 10, 39; Pow. 53; 2 Hale, H. P. C. 71 (leets have power to receive indictments of felonies at common law, but not of felonies by act of parliament, unless spe
cially limited to them). See post, Treason. Fish.— Kitch. 27; Pow. 73 (the taking of fish feloniously out of
ponds, stews or trunks in the night; but when taken in the river it is not felony); Jenk. P. C. 29 (if any person shall either by day or by night break down the head or dam of any pond, pool or moat wherein the lord hath fish, with an intent to steal or destroy the said fish, he shall pay to the lord treble damages, and be imprisoned three months and be bound to good behaviour for seven years). Vide also 1 Eliz. c. 17, for preserving the spawn and fry
of fish, (post, Appendix); Shepp. 59, 60; Pow. 146. Forestalling, Regrating and Engrossing.—[See the 12 Geo. 3, c. 71,
repealing all the statutes concerning these offences.] Jenk. P. C. 18 (forestallers, regrators and ingrossers are here also to be presented or informed against); Shepp. 52, 53 (these are offences against the common law, and so to be inquired of still :-and the offender to be amerced). And see Kitch. 45; Pow. 104, 105;
Greenw. 293; 4 Bl. Com. 157, 158. Forfeiture.-Shepp, 43, 44 (“the escheats of all felonies did pertain
to lords, and therefore are inquirable here : you are to inquire, therefore, of all kinds of forfeitures to the state);" ante, pp. 631 et
Franchises. See post, Treasure Trove, Waif, Wreck.
lains fugitive dwelling otherwise than in the king's demesnes, and of such as be within the king's demesnes and have not abiden a
and a day"); ib., (“and if there be any of the lord's villains in franck-pledge otherwise than in this court,") [but it should seem that this latter section was not in the original]. Vide also Kitch. 19; Jenk. P. C. 14, 15 (the jury is to inquire of these offences and
present them). Gaming Houses (and playing at unlawful games). See 33 Hen. 8,
c. 9; Kitch. 32 ; Lex Man. 146; Scroggs, 20. Hamsoken, (Homesoken,) or the invasion of a house.-[Britt. c. 29;
Lee . Nuijences
Hares.—[Vide the stat. 14 and 15 Hen. 8, c. 10, (post, Appendix,)
against tracing and destroying hares in the snow. And see Kitch.
39, 43; Jenk. P. C. 32; Pow. 149.] Highways.—[See 2 and 3 P. and M. c. 8; 18 Eliz. c. 10; post, Ap
pendix.] Lex Man. 146 (such who do not their day's work in mend-
surveyors; Stephens v. Hayns, Sir T. Raym. 250.]
Scroggs, 10 (all who shall levy a hue and cry without cause, or
sheafs); ib. (of thieves that steal clothes, or of thieves that do
knowing them to be thieves). Vide also Kitch. 18, 20; Pow. 64.
shed); Kitch. 16 (manslaughter is here inquirable). And see
measures, as bushels, gallons, yards and ells); ib. (of false balances
in the tumbrel or dung cart. Vide Stat. Judicium Pillorie; 51
Hen. 3, stat. 6; 3 Inst. 219; 4 Bl. Com. 157.]
which he hath to grind it is inquirable). See also Jenk. P. C. 23.
And see post, Toll.
mon law, but not of the death of a man, cites 22 Ed. 4, 22). Yet
leet as bloodshed). And see Pow. 53, 54.
Kitch. 36, 43; Pow. 153.
by night, and eat and drink well and have nothing); ib. (of such
Leet, 2; Poph. 208; Pow. 93, 96.
up or beaten down to annoyance); ib. (of bounds withdrawn and
X Shepp. 45; Kitch. 44 (stopping the highway is there inquirable, 27 Hen. 8, 32, for that is a common annoyance to all the king's subjects; (common nuisances, as ditches and hedges made to the disturbance of the people, cites 9 Hen. 6, 44; 10 Hen. 6, 7). And see Br. Leet, 2, 26; Flet. 2, c. 52; Britt. c. 29; Co. Lit. 56. Kitch. 44 (purprestures in highways are inquirable there, and presentment may be in leet for not cleansing a ditch adjoining the highway); cites 1 R. 3,1; 3 Hen. 7, 1; 47 E 3, 12. And see Jenk. P. C. 20; Shepp. 12, 13; Flet. 2, c. 52. Jenk. P. C. 21 (if any walls, houses, pales or hedges be made or erected within the jurisdiction of this conrt to the annoyance of the people); Br. Leete, 30 (presentment in leet of the inclosure of a common is void, for
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(PART III. dhearing of qlauló it is a wrong but not a common nuisance, for that must be to the of l'iew of Pianthidae
injury of a great number of people, as the destruction of a highway,
or the neglect to repair a bridge, cites 27 Ass. 6). And see Shepp. Towards the end
44; Pow. 81, 82; 1 Anders. Rep. 234, ca. 251, where the preccalauj te un sentment was held void, being for diverting the highway, and not "Leck-" (leta)
for stopping or obstructing it. atrice decus to Officers : viz. aleconners, constables, tithing-men, &c.—Jenk. P. C.
Leave thread 20, 25 (their neglect is to be inquired of and presented in leet). cut-waids pioru tle And see Pow. 18, 157 ; Shepp. 49; ante, pp. 688, 714, et seq., parSant Cugliau
ticularly the act referred to at p. 715 of 5 and 6 Vict. c. 109. Couutico - 4 u Outlaws. Stat. 18 Ed. 2; Stat. Wall. (of persons outlawed returned, asecuring a crusuan
not having the king's warrant); Britt. c. 29; Flet. I. 2, c. 52 (of name for such a Court, tut to the outlaws and those who have abjured the realm returned, and of Last visas
their goods and receivers). And see Mirr, c. 1, s. 17; Jenk. P.C. pauciflegic
27. Kitch. 23 (if any person be outlawed in debt, trespass or other
personal action, his goods are forfeited, and the king shall have Juoul ferrual augthem, unless they be granted unto the lord by charter; this is also corud of tiltes here inquirable). And see Shepp. 12; Pow. 160, &c.
preservation, in the Appendix ; Kitch. 31 ; Jenk. P. C. 33 ; Pow. 148. Pigeons.-Kitch. 17 (taking of young pigeons or young goshauks
[goss hawks] in their nests in the night is felony and inquirable
Pow. 64; Greenw. 287.
there be within the leet a pillory, and tumbrel and stocks, to punish
and Weights, ante.] Pound-breach.-- Kitch. 20 (if any break the common pound or take
distress from thence present their names); ib. 41 (of breaking the common pound); Jenk. P. C. 21 (inquiry is also to be made of all pound breakers, such as break the common pound to take any distress out of the same, their names are to be presented). And see Stat. Wall. ; Pow. 89; Scroggs, 21 (you are to inquire of all poundbreach and rescous : if any cattle be put in the lord's pound, and taken out by force otherwise than by due course of law, this is called pound breach, and by you inquirable, &c.). [But note, according to Sanderson's case, 4 Leo, 12, pound-breach is not inquir