Page:Prerogatives of the Crown.djvu/174

1.54 Franchises. — Deodands: [Ch.VIII. drowned, through the violence of the river, the horse is not forfeited, because, not that but the waters caused his death {a) ; but the horse would be forfeited if it threw its rider into the river (b). The forfeiture is incurred in the case of a person falling from any thing standing still ; nor is it material whether the owner was to blame or not (c). It appears to be now set- tled, that things fixed to the freehold, as the wheels of a mill, or forge, or bells hanging in a steeple, &c. by becoming en- tangled or caught in which a man loses his life, cannot be deo- dands (d). And it was always considered, that the forfeiture in these cases takes place at land only, and does not extend to the seas, where accidents are so frequent (e); though it is laid down, that a ship, from which a person falls and is drowned in fresh water, is forfeited {J'), A forfeiture may take place of an article which occasioned the death of a person within the years of discretion, by running over or falling on him, but not, it seems, in case he falls from any thing not in motion (g). The death of the unfortunate sufferer, within a year and a day from the time he met with the accident, is necessary to vest the deodand in the Crown, or his grantee ; and if he die after that period, the law concludes that he died from some other cause, and will not, it should seem, admit evidence to the con- trary (//). If he happen to die within a year and a day, the article becomes a deodand, by relation back to the time when the wound was received, and no intermediate alienation of it can bar or prejudice the King's claim (/ ). However, nothing is forfeited, or can be legally seized, as a deodand, until it be found by a coroner's jury to have caused a person's death ; but after the inquisition, the sheriff is answerable for the value of it, and, therefore, the inquest ought to find the value (k) ; (a) Cro. Jac. 483. 2 Rol. R. 23. Com. 301,2. Poph. 136. (/) Ibid. (b) Salk. 220. (g) See 1 Bla. Com. 300. 2 Rac. Ab. (c) 1 Bla. Com.301,2. tit. Deodands. 2 Keb. 719, 806. And (rf) 2 Bac. Ab. 293, tit. Deodands. see Hawk, ubi supra. Hal. P. C. tit. Deo- Sid. 204. Lev. 136. Raym. 97. Keb. dands. Sed vide Staundf. P. C. 21. 723, 744. 6 Mod. 1 87. 1 Hawk. P. C. (h) Hawk, ubi supra, Bac. AD. tit. 161, &c. B. I.e. 26. Stra. 61. , Deodand. (e) 3 Inst. 58. Hal. P. C. 423. (0 Ibid. Staundf. P. C. 20, b. and 21. 1 Bla. (^) Ibid. 5 Co. 110, b. • and