Page:Prerogatives of the Crown.djvu/170

150 Franchises.-^Wrecks. [Ch.VIIL prerogative to the prejudice of merchants. The act relates as well to flotsam, jetsam, and ligan, as to wreck, properly so called [a) ; and the instance of a dog or cat is only put in the statute by way of example (5), and therefore in every case where the owner of the ship or goods can come forward and prove his property, the King has no claim to them. Therefore if a ship be pursued by enemies, and the mariners come on shore and leave the empty floating ship, which comes to land without any person in it, yet if the mariners can prove the property in the ship, the King is not entitled to it (c). Not- withstanding the statute, the interest in property shipwrecked vests in the King or his grantee, even before seizure and without office found, against all but the right owTier [d). The statute only divests this interest in cases where the owner, or his executor or administrator, if he die within the year and day {e pursues the course pointed out by the statute. The owner must therefore apply for the return of his property within a year and a day from the time of the seizure of it, by the persons mentioned in the statute {f). But if he sue for its return before the expiration of the year and a day it is suffi- cient, although the verdict be not given within that time, for the delay of the law must do no man an injury [g). The King is not restricted to the year and day mentioned in the statute, and consequently if the grantee of wrecks take the King's goods as wreck, the King may claim them after that period (Ji). If goods wrecked be bona peritura^ the King or Lord may sell them, even before the year and day be past; for the statute shall not be understood to compel them to keep those things which of their own nature cannot be kept {i). It should seem, however, that the produce of the articles so sold would be governed in all respects by those rules which would have applied to the articles themselves. Where the King is entitled to wrecked property, he is en- titled to a right of way over any man's grounds to obtain it(^). (a) 5 Co. 107. 2 Inst. 167. (g) Ibid. 108. {b) Ibid. {h) 2 Inst. 168. (c) Ibid. Molloy, 239. (i) Ibid. Plowd. Com. 465, 6. 1 2 (rf) 5 Co. 107. Co. R.73. Parker's R. 72. And see {e) 2 Inst. 168. same principle, 1 Ventr. 313. (f) 5 Co. 107. (A) 6 Mod. 149. per Curiam. " Quando