allotted to a person in respect of his former rights of common, and is allotted expressly as freehold, the fact of such allotment gives the allottee prima facie "the right of shooting game upon that freehold as fully as any owner of land in this country has the right of shooting game upon his own land" (y). But it frequently happens that the Inclosure Act contains words which seem to indicate that although the allottees were to have freeholds, they were not to have the right of shooting, and that it was intended to reserve the right to the lord. In such cases the question will depend solely upon the construction of the Inclosure Act, but the Act will in all cases be construed most strictly against the lord of the manor, the courts having held that when the lord claims the right of shooting, he must show that the Act reserves the right to him, either in express terms or by necessary implication (≈). On forfeiture to the Crown, the franchise is not merged in the prerogative (a).

Estrays.

The right of estrays is another franchise which the lords of manor may possess, either under a grant from the Crown, or by prescription (6). Estrays are defined by Blackstone as "such valuable animals as are found wandering in any manor or lordship, and no man knoweth the owner of them; in which case the law gives them to the King as the general owner and lord paramount of the soil, in recompense for the damage which they may have done therein; and they now most commonly belong to the lord of the manor by special grant from the Crown. But in

(y) Per Lord Esher, M. R., in Devonshire (Duke of) v. O'Connor, 24 Q. B. Div. 468, 473.

(z) Devonshire (Duke of) v. O' Connor, 24 Q. B. Div. 468; Sowerby v. Smith, L. R. 9 C. P. 524; Leconfield (Lord) v. Dixon, L. R. 3 Ex. 30;

Ewart v. Graham, 7 H. L. Cas. 331; Robinson v. Wray, L. R. 1 C. P. 490.

(a) Abbot of Strata Mercella's Case, Rep. 24 a; Heddy v. Wheelhouse, Cro. Eliz. 591.

(b) Co. Litt. 114 b.

order to vest an absolute property in the King or his grantees, they must be proclaimed in the church and two market towns next adjoining to the place where they are found, and then, if no man claims them after proclamation and a year and a day passed, they belong to the King or his substitute without redemption, even though the owner were a minor, or under any other legal incapacity" (e). As swans and cygnets are royal fowl, they may be taken as estrays (d), but no other animals feræ naturæ can be taken as estrays (e). If the owner of the estray claims it within the year and day, showing sufficient proof of his property in the animal, and offers a reasonable sum for the expense of feeding it, the lord is bound to deliver up the estray (f). During the year and day the lord cannot put the estray to any work (g). If the period of a year and a day elapses without any claim being made, the estray becomes the property of the lord, and he may bring an action for its recovery against any one who takes it from him (). On forfeiture to the Crown the franchise becomes extinct (i).

Waif.

A lord of a manor may claim to have waifs, either by grant from the Crown, or by prescription. Waifs, bona wariata, are goods which are stolen and waived by a thief in his flight, and they are forfeited to the King, or to the owner of the franchise, as a punishment to the owner for not having himself pursued the felon and taken away his goods from him (). But if the person robbed makes

fresh suit, that is, immediately follows and apprehends the thief or procures his conviction, the goods are not forfeited (1); and if the thief does not take to flight, but is apprehended with the goods, the owner will have them without question (m). Goods which are stolen but are left by the thief in his house, or in the custody of some other person, are not strictly waifs, even although the thief should afterwards take to flight, and accordingly may be re-taken by the owner without fresh suit (n). The lord of the manor must seize the goods as waifs before they can become his property (o). Forfeiture to the Crown extinguishes the franchise (p).

Wreck.

The right to have wreck of the sea is often claimed by the lords of manors on the sea coast, either by virtue of a grant from the Crown, or by prescription (q). The right to wreck may exist apart from the ownership of the foreshore on which the wreck is taken (). When the right is claimed as belonging to a manor by prescription, “it is a great presumption that the shore is part of the manor," because otherwise he who claims the wrecked goods could not get them (s). The grant of a manor on the sea coast by the Crown does not of itself include the right to take wreck, even though the grant expressly includes the shore as parcel of the manor, or although it is shown by evidence of acts of ownership that the shore is parcel of the manor, for the right to take wreck is a prerogative

(1) Dickson's Case, Hetl. 64; 24 & 25 Vict. c. 96, s. 100.

(m) Davies' Case, Cro. Eliz. 611. (n) Foxley's Case, 5 Rep. 109 a. (0) Blackst. Comm. i. 297. (p) Abbot of Strata Mercella's Case, 9 Rep. 24 a. As to the rights of the owner of stolen goods to recover his property not withstanding

a sale by the thief, see 24 & 25 Vict. c. 96, s. 100; Lee v. Bayes, 18 C. B. 599; and Wells v. Abraham, L. R. 7 Q. B. 554.

(a) Sir Henry Constable's Case, 5 Rep. 106 a.

(r) Dickens v. Shaw, reported in Hall, Sea Shore (ed. 1875), App. (s) Hale, De Jure Maris, c. vi.

right, and will not pass without express words used for that purpose (t). Reputation is not admissible to prove that a lord has a prescriptive right to all wreck within the boundaries of his manor (u). If the manor is forfeited to the Crown, the right to take wreck, whether expressly granted along with the manor or appendant by prescription, will be extinguished, and will not pass on a re-grant of the manor without express words (x). In order to constitute legal wreck it is necessary that the goods should come to land; and if within a year (formerly a year and a day) the owner of the goods lays claim to them and proves his right of property, they will not be forfeited as wreck (y). Formerly it was held that the grantee of a right to take wreck had a special right of property in all goods stranded within his liberty, even before he had taken possession of them, and although the owners might claim them within a year and a day, and accordingly could maintain an action, either of trespass or of trover, against any person who took them away (≈); but now all proceedings in the case of wreck are governed by the provisions of the Merchant Shipping Acts (a). All wrecks are now to be reported to the person who has been appointed by the Board of Trade as receiver of wreck for the district, and he is to take possession of the same, and within forty-eight hours of his taking possession he has to send a description of the wreck and of any marks by which it is distinguished to the lord of the manor within the district who claims to be entitled for his use to unclaimed wreck, and who has already furnished him with particulars of the title under which the claim is made (b).

(t) See Scratton v. Brown, 4 B. & C. 485, 497; and Hall, Sea Shore (ed. 1875), 19, 20.

(u) Talbot v. Lewis, 1 C. M. & R. 495.

(x) Abbot of Strata Mercella's Case, 9 Rep. 24 a, 25 b; Northumberland (Duke of) v. Houghton, L. R. 5

Exch. 127, 130.

(y) Blackst. Comm. i. 291. (z) Dunwich (Bailiffs, &c. of) v. Sterry, 1 B. & Ad. 831.

(a) 17 & 18 Vict. c. 104; 18 & 19 Vict. c. 91; 25 & 26 Vict. c. 63; 43 & 44 Vict. c. 22.

(b) 17 & 18 Vict. c. 104, s. 454.

If no person establishes a claim to the wreck within a year of its coming into the possession of the receiver, the wreck will then be given up to the lord on payment of all expenses, fees, and salvage (c).

Fairs and Markets.

Lords of manors may claim the franchise of holding fairs and markets, either by grant from the Crown, or by prescription (d). It has been held that uninterrupted user for twenty years gives a prima facie right to hold a fair or market, and furnishes an answer to an indictment for a nuisance to a highway, but will not exempt the person who asserts the right from proceedings for usurpation of the franchise (e). If the grant is in general terms, the fair or market may be held at any place within the manor which is most convenient, and the lord as owner may change the site as may be necessary (ƒ), provided that he does not thereby interfere with the rights of other persons (g). The right to take tolls for the goods which are sold is not necessarily incident to a market or fair, but the owner of the franchise usually has such a right, either by express grant, or by prescription. The dues charged must be reasonable, for it has been held that a grant of tolls which are excessive is void (h). If no toll is due, either by grant or prescription, or if the duties granted are held to be unreasonable, the market or fair is accounted a free market or fair, and any person may buy or sell goods therein without paying any toll, and it has been held that the Crown cannot afterwards grant the right to take tolls to the owner of such a market or fair without some proportionable benefit to the subject (i); but the

(c) 17 & 18 Vict. c. 104, s. 471. (d) 2 Inst. 220; Co. Litt. 114 b; see Trotter v. Harris, 2 Y. & J. 285. (e) Rex v. Smith, 4 Esp. 111. (f) Rex v. Cotterill, 1 B. & Ald. 67.

(g) Ellis v. Bridgnorth (Mayor, fc. of), 15 C. B. N. S. 52. (h) Heddy v. Wheelhouse, Cro. Eliz. 558, 591, 592.

(i) 2 Inst. 220, citing Case