| 372 |
Theft.
suarum, pretit tanti, super in eodem bosca nidificantium cepit &
asportavit.
And to take these away, is Felony as aforesaid, 18 E. 4. fol.
8. Stamf. 25. c.
Fitz. 86. l. & 89. k. |
Chap. 156. |
|
Also note, That my Hawk which is flying at a Fowl,
and my Deer that
is chased out of my Park, so long as my Servant or Keeper maketh fresh
suit after them, they still remain in my possession, and the property is
still in me: But if they stray, it is lawful for any Man to take
them.
Fi. 45. |
|
|
But when a man hath Beasts or Bowl (that be savage,
and in their Wilderness)
ratione privilegii, sc. by reason of a Park or Warren, &c. (as
Deer,
Hares, Conies, Phesants or Partridges, or the like, which be things of
Warren) he hath no property in them: And therefore in an Action,
Quare
Parcum, or Warrenam, &c. fregit & intravit & 3 damas,
lepores, cuniculos,
phasianos, perdices, &c. ibidem invent cepit, & asportavit, he
shall not say
suos, for that he hath no property in them, but they belong unto
him ratione
prezilegii, (for his Game and Pleasure) so long as they remain in the
place priviledged. And if the Owner of the Park die, his Heir shall
have
them, and not his Executors or Administrators, for that without them the
Park (which is an Inheritance) is not compleat: neither can Felony
be
committed by taking of them, Fit. 86. m. |
|
§. 7.
Dogs. |
Neither can Larceny be committed by taking of Dogs
of any kind,
Apes, Parrats, Squirrels, singing Birds, or such like thing (kept only
for
pleasure, and not for any profit) though they be in the House, and made
tame. |
Lamb. 270. |
|
No not by taking a Blood-hound or Mastiff, although
there is good
use of them, and that a man may be said to have a property in them,
so as an Action of Trespass lieth for taking them; yet in regard they
are things of so base a nature, no Felony can be committed by taking
them. |
Co. 7. 18.
12 H. 8. 2.
Br. Tresp.
407. |
|
But yet to take a Dog of any kind, or other thing
of pleasure, from the
person of another, or out of the possession of another, and in his presence,
if it be done with force or violence, it amounteth to the breach of the
Peace. And if it be done with force, and by the number of three person
or more, it will amount to a Riot, as it seemeth. |
|
|
Also it is Felony to steal the Flesh of any tame
or wild Fowl, or of any
Deer or other Beast that is dead, out of the possession of another
man. |
Stamf. 37.
a. |
|
So it is to pull the Wool from the Sheeps back,
or to kill them, and to
take the skin, and leave the body behind. |
|
|
' So it is to clip or shear another Mans Sheep,
and to carry away the
' Wool; and to brand or mark with his own brand, or mark another Mans
' Sheep. |
|
|
But note, that in all these cases of Felony aforesaid,
the thing so taken
or stollen must exceed the value of 12 d. ' though some opinions
' have been otherwise; also it must be of a thing personal, and not
' real. |
Cromp. 36. |
|
For the taking of any real Chattel or Thing is no
Felony: As, |
|
§. 8.
Things
real. |
If one cuts down my Tree, or my Corn, and carrieth
it away, or pulleth
and stealeth my Apples hanging on a Tree, and carrieth them away;
these are no Felonies, for these things be part of my Free-hold, till they
be
severed. |
Stamf. 25.
10 E. 4. 17.
1.
Co. 4. 19. |
|
But if I gather mine Apples, or cut down a Tree
or Corn of mine own,
then it is Felony, if another Man shall carry them away feloniously. |
|
|
And by the opinion of Mar. if a stranger
cuts down my Tree or Corn
without Title, and another time after he fetches it away, that will prove |
Stamf. 25. |
|
 |
