Pound. Keeper's Notice to view and appraise damages. To A. B., C. D., and E. F., of the township of, in the county of , yeomen. instant, at next, Pursuant to the statute in such case made and provided, I do hereby give you notice, and require you and each and every of you to attend at the premises of G H., situate and being on lot number, in the — concession of the township of - in the said county, on the day of o'clock in the forenoon, then and there to appraise the damages done to the said premises by reason of the trespassing of certain cattle therein, to wit [here describe the cattle trespassing], belonging to J. K., of the aforesaid township, yeoman, and which have been in consequence impounded at the common pound, situate at in the said township; and also then and there to judge of the sufficieney of the fence enclosing the ground where the said animals were found doing damage, and to determine whether the same be a lawful fence. Given under my hand, at the township of 18. day of County of to wit. aforesaid, the E. H., Pound-keeper of the said township. Form of the Award. We, the undersigned A. B., C. D., E. F., resident freeholders of the township of · —, in the county of ——, having viewed the premises of G. H., situate and being on lot in the concession of the said township, and the fence enclosing the ground where certain cattle of J. K., to wit, [describing the animals] were lately found trespassing and are now impounded, and also the damage done thereat by the same, do hereby adjudge the said fence to be a good, lawful, and sufficient fence; and we do hereby ap praise the damages done to the said premises by reason of the trespassing of the said cattle, at the sum of Witness our hands, the day of pounds. A. B. C. D. E. F. Information against a person notified, and not attending. County of to wit. man, one of the oath this day of the- day of yeo The information and complaint of E. H., of the township of in the county of pound-keepers of the said township, taken on before me, esq., one of her Majesty's justices of the peace for the said county: the said informant saith that he did on now last past, duly notify A. B. of the said township, yeoman, to attend at the premises of G. H., situate and being [as in the notice to the end, concluding with the words lawful fence] by delivering to the said A. B. a true copy of the notice in writing hereunto annexed; and this informant further saith that the said A. B. did not attend at the time and place mentioned in the said notice, but made default, whereby the said A. B. hath forfeited the sum of five shillings, pursuant to the statute in such case made and provided; and the said informant prayeth that the said A. B. may be summoned to answer the premises and make his defence thereto. Sworn before me, &c. For the form of summons and conviction, see titles "Summons," "Conviction." PRÆMUNIRE. The offence of pramunire was so called from the words of the writ issued preparatory to the prosecution thereof, “præmunire facias A. B. quod tunc sit coram nobis," &c., the word being a barbarous corruption in the law Latin of the word præmoneri. This writ commanded that the defendant should be forewarned to appear to answer the contempt with which he stood charged. It took its origin from the exorbitant power claimed and exercised in England by the Pope, which, even in the former days of bigotry and blind zeal, was too heavy for our ancestors to bear; the words pramunire facias being thus used to command a citation of the party, have denominated in common speech, not only the writ, but the offence itself, of maintaining the papal power, by the name of præmunire: and this was originally ranked as an offence immediately against the king, because it consisted in introducing a foreign power into the land, and creating an imperium in imperio, by paying that obedience to papal process which constitutionally belonged to the king alone.-4 Bl. Com. 103. By statute 16 Rich. II. c. 5, which is usually called the statute of præmunire, and is generally referred to by all subsequent statutes-it is enacted, that whosoever procures at Rome, or elsewhere, any translations, processes, excommunications, bulls, instruments or other things, which touch the king, against him, his crown and realm, and all persons aiding therein, shall be put out of the king's protection, their lands and goods be forfeited to the king's use, and they shall be attached by their bodies to answer to the king and his crown; a process of præmunire facias shall be made out against them, as in other cases of provisors. By these, says Sir W. Blackstone, the usurped civil power of the bishop of Rome was pretty well broken down, as his usurped religious power was, in about a century afterwardsthe spirit of the nation being so much raised against foreigners, that in the reign of H. V. the alien priories, or abbeys for foreign monks, were suppressed, and their lands given to the crown, and no further attempts were afterwards made in support of these foreign jurisdictions.-4 Bl. Com. 112. After the Reformation, the penalties of pramunire were ex tended to mere papal abuses. Thus, by 24 H. VIII. c. 12, and 25 H. VIII. c. 19, 21, to appeal to Rome from any of the king's courts; to sue to Rome for any license or dispensation; or to obey any process from thence, are made liable to the pains of præmunire. By 5 Eliz. c. 1, to refuse the oath of supremacy, incurs the pains of præmunire; and to defend the pope's jurisdiction in this realm, is also a præmunire for the first offence, and high treason for the second. Thus far the penalties of pramunire seem to have kept within the proper bounds of their original institution, namely, the depressing the power of the pope; but being pains of no inconsiderable consequence, it has been thought fit to apply them to other heinous offences, some of which bear more, and some less relation to this original offence, and some no relation at all.— 4 Bl. Com. 116. By 13 Car. II. c. 1, it is also declared a præmunire to assert maliciously and advisedly, by speaking or writing, that both or either of the houses of parliament have a legislative authority without the king. By the Habeas Corpus Act 31 Car. II. c. 2, it is made a pramunire and incapable of the king's pardon, to send any subject of this realm to parts beyond the seas. By 7 & 8 W. III. c. 24, serjeants, counsellors, proctors, attorneys, and all officers of courts, practising without having taken the oath of allegiance and supremacy, and without having subscribed the declaration against popery, are guilty of a pramunire, whether the oaths be tendered or not. But these provisions are now modified by provincial statute. See ante title, "Oaths of Office," p. 495. By 6 Anne, c. 7, to assert that any person, other than according to the acts of settlement and union, hath any right to the throne of these kingdoms; or that the king and parliament cannot make laws to limit the descent of the crown, is likewise declared a præmunire. Numerous as the statutes are on this subject, prosecutions for this offence have been seldom instituted. PRESCRIPTION. By 10 & 11 Vic. c. 8, § 1, claims at common law or by prescription, to real estate, of thirty years' standing, shall not be defeated by shewing that such title first began at any time prior to such thirty years; and after sixty years, such title shall be indefeasible. § 2. And so the right to any watercourse shall not be defeated after twenty years' possession, by shewing commencement prior thereto; and after forty years', such title shall be indefeasible. § 3. 20 years' uninterrupted use of any light to any dwelling-house, workshop, or other building, shall give an absolute right thereto, unless held under some deed or writing. PRESENTMENT. A presentment generally taken is a very comprehensive term, including not only presentments, properly so called, but also all inquisitions of office, and indictments by a grand jury. But a presentment, as commonly understood, is the notice taken by a grand jury of any offence from their own knowledge or observation, without any bill of indictment laid before them at the suit of the king; as the presentment of a nuisance, a libel, and the like; upon which the officer of the court must afterwards frame an indictment, before the party presented can be put to answer for it.-2 Inst. 739. See further on this subject, ante title "Grand Jury," p. 338.. PRISON BREAKING. Prison breaking is the offence of a party, who is in legal custody upon any charge, effecting his own escape by force. This, by the common law, was anciently accounted felony, for whatever cause, criminal or civil, the party was lawfully imprisoned. But by 1 Edw. II. stat. 2, it is declared that none that should from thenceforth break prison should have judgment of life or member for breaking of prison only; except the cause for which he was taken and imprisoned required such a judgment if he had been convicted thereupon, according to the law and custom of the realm; therefore, although to break prison and escape, when lawfully committed for any treason or felony, still remains felony as at common law, the breaking of prison when lawfully confined upon any inferior charge, is punishable only as a high misdemeanor, by fine and imprisonment.-4 Bl. Com. 130. In whatever place a person is restrained of his liberty under a lawful arrest for a supposed crime, whether it be in the stocks or the street, or in the common gaol, or the house of a constable, or private person, such place is properly a prison within the meaning of the statute.-2 Inst. 589; Haw. c. 18, § 4. But if no felony whatever has been committed, and the party is merely in custody on a mittimus, without being indicted, then he is not guilty within the statute, by breaking the prison, his imprisonment being, in this instance, unjustifiable. There must be an actual, and not merely a constructive breaking, to make the offence felony; therefore, if through the negligence of the gaoler, the prison doors are left open, and the party escapes without using any kind of force or violence, he is only guilty of a misdemeanor.-2 Inst. 590; 1 Hale, 611. The breaking must be by the prisoner himself, or by his procurement; for if other persons, without his privity or consent, break the prison, and he escape through the breach so made, he cannot be indicted for the breaking, but only for the escape. -2 Haw. c. 18. § 10. But no breach of prison will amount to felony, unless the prisoner actually escape.-2 Haw. c. 18, § 12; 2 Inst. 590; 1 Hale, 611. PRISONER. If the gaoler keep the prisoner more strictly than he ought of right, whereof the prisoner dieth, this is felony in the gaoler, by the common law; and this is the cause, that if a prisoner die in gaol, the coroner ought to hold an inquest.—3 İnst. 91. Money found upon a prisoner when he is apprehended, will, in general, be directed to be restored to him before trial, if it appear by the depositions that it is in no way material to the charge on which he is tried.-R. v. Barnett, 3 C. & P.. 600. By 4 & 5 V. c. 24, § 9, all prisoners tried for felonies shall be admitted after the close of the case for the prosecution to make full answer and defence thereto by counsel, or by attorney, in the courts where attornies practise as counsel. 11. When the attendance of any person confined in any gaol or prison in this province, or upon the limits thereof, shall be required in any court of assize and nisi prius, or oyer and terminer or general gaol delivery, or other court, it shall be lawful for the court before whom such prisoner shall be required to attend, in its discretion, to make order upon the sheriff, gaoler, or other person having the custody of such prisoner, to deliver such prisoner to the person named in such order to receive him, which person shall thereupon instantly convey such prisoner to the place where the court issuing such order shall be sitting, there to receive and obey such further order as to the said court shall seem meet: Provided always, that no prisoner confined for any debt or damages in any civil suit shall be thereby removed out of the district where he shall be confined. § 12. All persons held to bail, or committed to prison for any offence against the law, shall be entitled to require and have on demand (from the person who shall have the lawful custody thereof and who is hereby required to deliver the same), copies of the examinations of the witnesses, respectively, upon whose depositions they have been so held to bail, or committed to prison, on payment of a reasonable sum for the same, not exceeding three pence for each folio of one hundred words; Provided always, that if such demand shall not be made before the day appointed for the commencement of the assize or sessions at which the trial is to take place, such person shall not be entitled to have any copy of such examination of witnesses, |