Page:Prerogatives of the Crown.djvu/172

W3 Frar^iises. — Treasure Trove. [Ch.VIII. the year and day, but his Majesty has a property in it by possession thereof, within the year and day, against all but the right owner {a). If however it wander again within that period, and a subject who is entitled to estrays (which he may be either by the royal grant or by prescription, which supposes such grant (Z>),) seize it, the King has no claim (c). The right of the subject to seize in such case, clearly proves that the property in the estray was not completely vested in the Sovereign, for it is laid down as clear law that no one can take the King's beasts as estrays {d). The King or his grantee should, so long as the estray is in his possession, feed and preserve it from injury [e), and can- not legally use it by way of labour {/) ; though, it seems, diat he may milk a cow, which js an estray, or do any act of a simi- lar nature, which tends to the preservation and benefit of the animal, and, consequendy, to the advantage of the owner (g). If the owner reclaim the estray, he must, it seems, pay the charges of finding, keeping, and proclaiming it (h) ; and though an unreasonable sum, by way of compensation for expenses incurred, be demanded, yet if the owner do not tender suf- ficient amends, the detainer of the estray is lawful {i), 13. Treasure trove, is where any gold or silver in coin, plate, or bullion is found concealed in a house, or in the earth, or other private place, the owner thereof being unknown, in which case the treasure belongs to the King or his grantee, having the franchise of treasure trove ; but if he that laid it be known or afterwards discovered, the owner and not the King is enti- tled to it ; this prerogative right only applying in the absence of jui owner to claim the property (k). If the owner, instead of hiding the treasure, casually lost it, or purposely parted with it, in such a manner that it is evident he intended to abandon the property altogether, and did not purpose to re- («) Yelv,96. (fr) Ibid. 148. Nov. 119. lb) See44Edw. 3, 19. 3 Co. 105. (h) Dalt. Sheriff, 79. 1 Rol. Abr. Kitch. 80, 2. 5Bac. Ab. 517. 879. 1 Bla. Com. 297. See 1 Hen. (c) Finch L. 177. 1 Bla. Com. 298. Bla. 254. (d) Year Books, 44 Edw. 3. 19. 5 (?) 1 Rol. Abr. 879. pi. 5. See Bro. Co. 105. 1 Rol. Abr. 888. Kitch. 80. Ab. tit. Estray and Waif, pi. 1. 44 5 Bac. Ab. 517. tit. Prerogative, B. 9. Edw. 3. 14. (e) 1 Rol. Ab. 889. (k) 3 Inst. 1 32, 3. Dalt. of Sheriffs, {/) Cro. Jac, 147. c. 16. 1 Bla. Coin. 295. same