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sume it on another occasion, as if he threw it on the ground, or other public place, or in the sea, the first finder is entitled to the property, as against every one bin: the owner, and the King's prerogative does not in this respect obtain (a). So that it is the hiding, and not the abandonment, of the property that entitles the King to it.

It is the duty of every person who finds any treasure, to make it known to the coroners of the county. The punishment for concealing it is fine and imprisonment (b).

.• .

14. By Deodands, which are also in general a franchise in the hands of lords of manors and others, are to be understood either animals or inanimate things, which occasion the death of a human being, and these are forfeited to the King or his grantee.

The superstition of former times designed them to be used as an expiation for the soul of the deceased, and in later times they were to be applied by his Majesty's almoner to pious uses (c). The forfeiture is rational, so far as it strengthens the natural sensations of the mind at the sudden destruction of human life.

The rule is, that omnia qua movent ad mortem sunt deodanda: the forfeiture extends not merely to the article which more immediately occasioned the death, but also to such things as contributed, though remotely, to it, or rendered the wound more dangerous (d). Thus, if a cart run over a person and kill him, not only the cart but the luggage, &c. are forfeited, though the wheels were the more immediate cause of the fatal event (e). But a thing which in no respect contributed to the death is not forfeited, though annexed to an article which occasioned it; and, therefore, where a person falls from the wheel of a carriage, which is not in motion, the wheel only is forfeited {/). So, if a man fall from the shafts of a waggon on which he was riding, the horses and waggon only are forfeited, and not the loading (g). And if a man riding on a horse over a river is

(a) Britton, c. 17. Finch L. 171. 1 (if) 1 Bla. dm. 301.

Bla. Com. 295. See Stra. 505. (e) Salk. 220..

(A) 3 Inst. 133. 1 Bla. Com. 236. (/) 3 Inst. 58.

(e) 3 Inst. 57. 5 Co. 110, b. 1 Bla. (g) Ibid. Com. 299.

6 drowned,

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 (6). 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 settled, that things fixed to the freehold, as the wheels of a mill, or forge, or bells hanging in a steeple, &c. by becoming entangled or caught in which a man loses his life, cannot be deodands (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 (f).

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 contrary (h). 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 (i). 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 (£);

(«) Oo. Jac. 483. 2 Rol. R. 23. Com. 501,2. Poph. 130. (/) Ibid.

(4) Salk. 220. (g) See 1 Bla. Com. 300. 2 Rae. Ab.

(c) 1 Bla. Com. 301,2. tit. Deodands. 1 Keb. 719, 806. And

(d) 2 Bac. Ab. 293, tit. Deodands. see Hawk- tibi supra. Hal. P. C. tit. DeoSid. 204. Lev. 136. Raym. 97. Keb. dands. Sed vide Staundf. P. C. 21. 723,744. 6 Mod. 187. 1 Hank. P. C (*) Hawk, ubi supra. Bae. Ab. tit. 161, be. B. I. c, 26. Stra. 61. Deodand.

{') 3 Inst. 58. Hal. P. C. 423. (i') "iid.

Slaundf. P. C. 20, b. and 21. 1 Bla. (*) Ibid. 5 Co. 110, b.

and and in default of their doing so, the inquisition cannot be taken by the grand jury under their general charge from the Judge of Assize (a). It seems, however, that on the coroner's default, it may be taken by the Justices of Oyer and Terminer, or of the Peace, or of the King's Bench (b). These inquisitions appear to be traversable (c).

This forfeiture might, if strictly enforced, be ruinous to an innocent individual, and being founded on the superstition of darker ages, it has been gradually discountenanced. The coroner's jury usually find the value of the article to be as small as possible, and sometimes find the value of a part only of an entire article occasioning death; a practice which the Court of King's Bench have tacitly sanctioned, by refusing to reform it, on application by the Crown or its grantee (d).




Of the King as Parens Patriae.
Sect. I.—As to Infants, Idiots, and Lunatics.

The King is in legal contemplation the guardian of his people; and in that amiable capacity is entitled, (or rather it is his Majesty's duty, in return for the allegiance paid him,) to take care of such of his subjects, as are legally unable, on account of mental incapacity, whether it proceed from 1st. nonage: 2. idiocy: or 3. lunacy: to take proper care of themselves and their property (e).

1. This superintending power over infants was originally in the King by the common law, and was by his Majesty delegated to the Lord Chancellor, who seems to exercise it as a

(a) 1 Burr. 17. (e) Staumlf. Prerog. 37. 2 Inst. 14.

(4) Ibid. 2 Ilale, P. C. 59. 4 Co. 12, b. Bac. Ab. Idiots, C. 1

(<) Ibid. 19. Bla. Com. 463. 1 FonbI.Tr. Eq. 3 ed.

{d) Foster of Honi. 266. 1 Bla. Com. 52 and 53. 2 Ibid. 223, 227, note (a).

SOt. 2 Barnardiston's R. 82. 3d cd.

branch branch of his general jurisdiction (a); and no separate commission is necessary to legalize the chancellor's jurisdiction in this respect (b).

By virtue of this power the chancellor may appoint guardians to such infants as are without them (c). And though his lordship cannot remove a testamentary guardian appointed according to the statute, or consider his misconduct a contempt, unless the infant be a ward of court (d); yet he may impose restrictions which will prevent such guardian from prejudicing the interests of his award (e). And it seems to be admitted that guardians at common law may be removed or be compelled to give security if there appear to be any danger of their abusing either the infant's person or estate (f). It is also a general rule that if a person appointed guardian be attainted, or otherwise become incapable, the trust devolves on the great seal, as the general guardian of all infants (g). The care of infants is so peculiarly a prerogative of the Crown, delegated to and exercised by the Court of Chancery, that it has also been laid down that the Court may interpose even against that authority and discretion which it father has in general in the education and management of his child (h). Though perhaps in this case it is necessary that such child should be a ward of the Court (t).

The Chancellor may, generally speaking, cause the performance of any thing essential to the welfare or benefit of infants and their properties (&); and will protect their rights. Therefore if a man marry a ward of the Court without the consent of the Court, he shall be committed for such contempt, though it appear that he knew not that she was a ward of the Court (I) : and there must be a proper settlement made on the

(a) See Ibid. 1 Fonbl. Ill, 8, note. Eq. 230, note (o), 3rd ed. and 235, 6.

10 Ves. 59. See however Co. Lit. 88, b. (/) Ibid. 1 Bla. Cum. 463.

note (1(5). Ilargr. K. B. has no part (g) I P. Wms. 706.

of the delegated power over infants. 10 (A) Ibid. 702. Other cases cited, 2

Yes. 59. Fonbl. 230, note.

(A) Ibid. (0 See Ibid. 4 Bro. Ch. Rep. 101,

(c) Basis. Ab. Guardians, C. 2 Fonbl. ]02.

235, 3rd ed. (*) See 2 Foribl. 230, note.

(d) 2 P. Wmt.561. See next note. (/) Herbert's Case, 3 P. Wms. 116.

(e) 2 Ch. Cas. 237. 1 Vez. 160. 1 Butler v. Freeman, Arobl. 303. Chas

Vern. 442. Dick. 88. 2 Fonbl. Tr. saing c. Parsonage, 5 Ves. 15.

- - . wife

wife before such contempt can be cleared (a). So the Court will allot maintenance to infants out of their fortunes suitable to their rank and circumstances (6). But though it is one of the peculiar duties of a Court of Equity to protect the rights of infants, still it will not at any period or under any circumstances act upon such indulgent disposition; and therefore even in equity an infant may be bound by the statute of limitations (c).

On the other hand the Court of Chancery will assist guardians in compelling their wards to obey their legal desires. Therefore where an infant went to Oxford contrary to the orders of his guardian, who wished him to go to Cambridge, the Court sent a messenger to carry him from Oxford to Cambridge; and, on his removing to Oxford, another messenger was sent to carry him to Cambridge, and keep him there (d).

2. The superintendence of idiots, who are persons devoid of understanding from their births, and are presumed never likely to attain any, is also vested in the King, not however it seems by the common law, but by statutes for the benefit of the subject on the party being found an idiot by a jury of twelve men on the old common law writ de idiota inquirendo (e).

The statute 17 Ed. 2. st. 2. c . 9. provides, that the King shall " have the custody of the lands," (and according to many books, " of the person, goods and chattels" ( f)). of natural fools; taking the profits of them without waste and destruction (g), and shall find them their necessaries, of whose fee soever the lands be holden; and after the death of such idiots his Majesty shall render them to the right heirs, so that by such idiots no alienation shall be made, nor shall their heirs be disinherited.

This statute is not introductive of a new right of the Crown (h); though it is certainly doubtful whether the pro-

(a) 1 Ves. Jun. 154. (/) 4 Co. 126,149. F. N. B. 232.

(b) See 2 Fonbl. 232. note. (g) Which words •' waste and de

(c) Prec. Ch. 518. 1 Fonbl. Tr. Eq. struction" must be construed in their" 3rd cd. 159, note. ordinary not their technical sense. 2

(rf) Stra. 1G7. 3 Atk. 721. Ves. Jim. 71.

(0 F. N. B. 232. 1 Bla. Com. 303. (A) 4 Co. 126. Bac. Ab. title Idiots,

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