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

seq., 638.

year

Franchises. See post, Treasure Trove, Waif, Wreck.
Fugitives -Stat. 18 Ed. 2 (" and if there be any of the king's vil-

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;

Stat. Wall.]

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-
ing the highways contrary to the statute 2 and 3 P. and M. c. 8).
[The liability to repair and the want of reparation should appear in
the presentment; Ret v. Johnson, 1 Keb. 527 ; et vide Broughton
v. Bennet, 2 Keb. 514; in which the court of B. R. held, that lessee
for years was not bound to repair ratione tenure. Neglect of
scouring a ditch in a public highway is punishable in leet, although
the act of 18 Eliz. c. 10, gives the forfeitures for highways to the

surveyors; Stephens v. Hayns, Sir T. Raym. 250.]
Horsebread.—See post, Innholders.
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 blood-

shed); 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-

mon law, but not of the death of a man, cites 22 Ed. 4, 22). Yet
see Kitch. 16; Stat. Wall. Britt. c. 29; Flet. 2, c. 52; Br. Leet,
18 (a steward in leet cannot take indictment of the death of a man,
and if he do the lord shall be punished for contempt, cites 41 Ass.
30). And see Fitz. Tourne de Vis. 5; ib. Lete et Hundr. 10;
Shepp. 17. But see Jenk. P. C. 9 (murder to be inquired of in

leet as bloodshed). And see Pow. 53, 54.
Musters.-See the act 4 and 5 P. and M. c. 3, post, Appendix ;

Kitch. 36, 43; Pow. 153.
Noctivagancy.--Stat. 18 Ed. 2 (of such as sleep by day and watch

by night, and eat and drink well and have nothing); ib. (of such
as continually haunt taverns and no man knoweth whereon they
do live). And see Jenk. P. C. 22; Kitch. 20 (also if there be any
vagabonds or wanderers, and those which walk by night and sleep
by day, and if there be any which are common haunters of taverns
or ale-houses, and go about having nothing to live of); ib. 44, 45
(night walkers are inquirable in leet, cites 4 Hen. 7, 1); Shepp. 48
(he that sleepeth by day and walketh by night). Vide also Rastal,

Leet, 2; Poph. 208; Pow. 93, 96.
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 cor-
rupters 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; (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

Pollock a laillaud Early Suglish Law hd is 51, 520 " a perunat wudlerstanding Leeus have allcurd Pre theriff tu cuj falseed, aud Itie lerds of frauclusio i Urui"lelö" a demand frucutusele about any qualter Thiet cruauud the keugs right;

articles of the Turu" "Articles of The view

VOL. II.

02

or his peace

aul Vol 1. p. seo

OF THE JURISDICTION

they say

Mwamed ttie

7laut hlarge veu drauu ah. The differcul cosuis voluirle buoe cecue

nu te as teagh tay dear cue geuesal ekaracter cliffer ci lacey cletail. The au lunsauces whecially die straightening, of highway, Utrue cau ke davuurika waunud m adduned 738

(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.

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 for-
feit 5l). 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