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Restitution of stollen Goods.
to award a Writ of Restitution for the Mony or Goods stollen, directed
to the party in whose hands the same Goods are, &c. 21 H.
8. cap. 11. Br.
Restit. 22. |
Chap. 164. |
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Also the Executors of the party robbed shall have
Restitution by
force of this Statute, viz. Upon Evidence given by them,
or by their
procurement against the Felon, whereby the Felon is attainted or found
guilty. |
Co. 6. 80.
Ben. 3. El. |
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If a Thief do rob or steal Goods from three Men
severally, and he be
indicted of the robbing or stealing from one of them, and arraigned thereupon;
in this case, though the other two would give Evidence against
the Offender, yet shall not they have Restitution of their Goods, by the
meaning of that Statute: for the Felon is not attainted of any
other felony,
saving of that whereof he was indicted. But if he be indicted of
all
the three Robberies or Felonies severally, and arraigned upon one of
them, and found guilty by the Evidence given by one of the parties robbed,
&c. yet shall he be after arraigned upon the other two Indictments,
to the intent he also may be found guilty by the Evidence of the other
two Persons robbed, and that so they may have Restitution of their Goods
stollen, according to the meaning of the said Statute. |
Stamf. 166.
P. R. 162. |
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And if a Man do steal Goods at divers times from
several Men, and he
is after attainted at the Suit of one of them only, for the Goods stollen
from him, but is not attainted at the Suit of the other; by this Attainder
the Felon shall forfeit to the King not only his own Goods, but also the
Goods stollen from those others at whose Suit he was not attainted,
though
the Felon had no property, but only a possession of those Goods; and the
property of the Goods which remaineth in the right Owner in this case is
forfeited (by the Owner) to the King, for default of the Owner pursuing
the Felon. |
44 Ed. 3.
44. |
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Also if there be divers of the Thieves, and but
one of the Principals
attainted, (as before) yet it seemeth the party robbed shall have Restitution. |
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| Market. |
But in these and the like cases of Restitution,
if the Felon hath sold
the Goods in a Fair or Market-overt, and after be attainted of the
felony,
(upon Evidence given by the party robbed) here the Owner shall not
have Restitution: For by Alienation in a Fair or Market-overt, the
property
of the Goods stollen is altered, 12 H. 8. 10. b. yet
if he that bought
the Goods in Market were privy to the felony, such Sale shall not alter
the property, quia particeps criminis. See 33 H.
6. 7. Co. 3. 78. Vide antea
tit. Horses. |
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' If any Goods of what nature, soever they be, be
Stollen, Purloyned,
' &c. and be Sold, Exchanged or Pawned to any Broker, &c. in London,
' Westminster, Southwark, or within two Miles of London,
the same shall
' alter no property, 1 Jac. 21. |
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A Man shall have Restitution of Mony stollen, &c.
though it cannot be
known, Br. Restit. 22. |
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§. 6.
Waifs. |
But if a Man hath a Horse or other Goods stollen
from him, and knoweth
not by whom; if the Felon waiveth the Goods, flieth and escapeth, and
the Kings Officer, or the Lord of the Mannor, &c. seizeth them, the
party
robbed shall have no Restitution, for that he cannot indict and attaint
the
Felon. And yet if the Felon had not the Goods in his possession,
and
with him at the time when he fled, but had formerly left them elsewhere,
(sc. in the Thieves own House, or in any other Mans House, or in
the custody
of any other, or had hid them) then are they no waived Goods, nor forfeit, |
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