Pow. 150 (hunters and stealers of deer are here 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 another's doves.) (a). Dozeins: (Dizeins.)—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 mainprize); 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 specially 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 seq., 638. Franchises. See post, Treasure Trove, Waif, Wreck. Fugitives-Stat. 18 Ed. 2 (" and if there be any of the king's villains fugitive dwelling otherwise than in the king's demesnes, and of such as be within the king's demesnes and have not abiden a year 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; Stat. Wall.] And see Kitch. Hares.-[Vide the stat. 14 and 15 Hen. 8, c. 10, (post, Appendix,) Hostlers.-See post, Innholders. Hue and Cry.-Stat. 18 Ed. 2 (of cries levied and not pursued); Scroggs, 10 (all who shall levy a hue and cry without cause, or neglect to levy one where they ought, or to pursue one rightly levied). And see Stat. Wall. Kitch. 33, 99; Jenk. P. C. 30; Pow. 158. Innholders.-[See the stat. 21 Jac. 1, c. 21, (post, Appendix); Pow. 113.] Larceny. - Stat. 18 Ed. 2 (of petty larons, as of geese, hens or sheafs); ib. (of thieves that steal clothes, or of thieves that do pilfer clothes through windows and walls); ib. (of such as go in message for thieves); Jenk. P. C. 13 (petit larceny is also here to be inquired of); ib. 23 (also if any go in message for thieves, knowing them to be thieves). Vide also Kitch. 18, 20; Pow. 64. Letherwite.-See Adultery. Maiming, (Mutilation).—[Jenk. P. C. 10.] Malt.-[See stat. 2 and 3 Ed. 6, c. 10, post, Appendix.] Manslaughter.-Jenk. P. C. 9 (is here to be inquired of as bloodshed); Kitch. 16 (manslaughter is here inquirable). And see Pow. 55. Measures: (False Measures and Weights).-Stat. 18 Ed. 2 (of false measures, as bushels, gallons, yards and ells); ib. (of false balances and weights); ib. (of such as have double measure, and buy by the great and sell by the less). And see Kitch. 21 (cites 8 Hen. 6, 5; Mag. Ch. c. 25; 51 Hen. 3, 5; 27 E. 3, 10); ib. 45 (cites Britt. f. 32, 71); Jenk. P. C. 23, 24; Shepp. 16, 52; Pow. 119; Scroggs, 10; Greenw. 295; 55 Geo. 3, c. 43; 5 Burn, J., 545; 5 Geo. 4, c. 74; 6 Geo. 4, c. 12; Willcock v. Windsor, 3 Barn. & Adol. 43. Ante, p. 722. [N. B. The punishment of knavish bakers was anciently to stand in the pillory, and of knavish brewers to stand in the tumbrel or dung cart. Vide Stat. Judicium Pillorie; 51 Hen. 3, stat. 6; 3 Inst. 219; 4 Bl. Com. 157.] Miller.-Kitch. 22 (if any miller within the lordship change the corn which he hath to grind it is inquirable). See also Jenk. P. C. 23. And see post, Toll. Murder.-Kitch. 43 (you may inquire in leet of all felonies at com- Musters. See the act 4 and 5 P. and M. c. 3, post, Appendix ; Noctivagancy. Stat. 18 Ed. 2 (of such as sleep by day and watch Nuisances.-Stat. 18 Ed. 2 (of walls, houses, dykes and hedges set up or beaten down to annoyance); ib. (of bounds withdrawn and taken away); ib. (of ways and paths opened or stopped); ib. (of waters turned or stopped or brought from their right course). And see Stat. Wall. Kitch. 41, 44 (of ways and paths taken away or stopped; of waters wrong turned or stopped or taken away, of corrupters of water by lime, flax, &c.). And see Jenk. P. C. 21 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); ib. (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 VOL. II. N Pollocks & Mailland Early English Law Vel # M. 519, 520 general understanding Leems to have allowed the sheriff in ies tamus, and the winds of franchises in their lects" to demand presentments about any matter that concerned the kings rights or his peace ".... "Articles of the "Turn" or "Artides of "the view of ей шалу Frautkledge will drawn wh. The different copies which harse came of highways OF THE JURISDICTION [PART III. speaking of grauts it is a wrong but not a common nuisance, for that must be to the of view of Franckledge (they say 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. 44; Pow. 81, 82; 1 Anders. Rep. 234, ca. 251, where the pretu and sentment was held void, being for diverting the highway, and not for stopping or obstructing it. Towards the and of the 13tho cratary "Leat-" have spread us which decues to Officers: viz. aleconners, constables, tithing-men, &c.-Jenk. P. C. 20, 25 (their neglect is to be inquired of and presented in leet). outwards from the And see Pow. 18, 157; Shepp. 49; ante, pp. 688, 714, et seq., parEast Anglian ticularly the act referred to at p. 715 of 5 and 6 Vict. c. 109. Counties - 11 Outlaws.-Stat. 18 Ed. 2; Stat. Wall. (of persons outlawed returned, becoming a commen not having the king's warrant); Britt. c. 29; Flet. I. 2, c. 52 (of name for such a Court, but to the outlaws and those who have abjured the realm returned, and of last visus their goods and receivers). And see Mirr. c. 1, s. 17; Jenk. P. C. franciplegic 27. Kitch. 23 (if any person be outlawed in debt, trespass or other remained the personal action, his goods are forfeited, and the king shall have Emost formal and them, unless they be granted unto the lord by charter; this is also cored of titles here inquirable). And see Shepp. 12; Pow. 160, &c. Peacocks.-See Swans. Pheasants and Partridges.-See the act 23 Eliz. c. 10, for their 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 in leet, cites 14 Hen. 8; 18 Ed. 4, 8). And see Jenk. P. C. 11; Pow. 64; Greenw. 287. Pillory, Tumbrel, &c.-Jenk. 28 (the jury are to inquire whether there be within the leet a pillory, and tumbrel and stocks, to punish offenders according to law: in every town where there is a leet there ought to be stocks, and in default thereof the town shall forfeit 51). And see Kitch. 24; Pow. 156; Shepp. 16. [Vide also ante, p. 688; and quare if it is not the duty of the lord to provide a pillory, tumbrel and the like instruments of punishment; and note the distinction there as to stocks. And see False Measures 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 |