3 H. 7. c. 2. Stat. 3 H. 7. c. 2. (now repealed), reciting that "where women, Forcible abduc- as well maidens as widows and wives, having substances, some in tion of women, goods moveable, and some in lands and tenements, and some being &c. (repealed). heirs apparent unto their ancestors, for the lucre of such substances be oftentimes taken by misdoers, contrary to their will, and after married to such misdoers, or to others by their assent, or defiled," enacts, "that whatever person or persons from henceforth taketh any woman, so against her will, unlawfully, that is to say, maid, widow, or wife; such taking, procuring, and abetting to the same, and also receiving wittingly the same woman so taken against her will, and knowing the same, be felony; and that such misdoers, takers, and procurators to the same, and receivers, knowing the said offence in form aforesaid, be adjudged principal felons: provided that this act extend not to any person taking any woman, only claiming her as his ward or bond-woman." Though the statute of 3 H. 7. c. 2. is no longer in force, yet it may be proper to retain some of the decisions which have taken place upon the subject of this offence, as being applicable to cases which may now occur in courts of justice. In Fulwood's case, M. 13 C. 1. 1 Hale, 661. Cro. Car. 488., it was resolved that the woman taken away and married may be sworn and give evidence against the offender, who so took and married her, though she be his wife de facto. So it seems that she may be a witness even where the actual marriage is good by her having given her consent to it after the forcible abduction. 1 Russ. 576. So, where the marriage was against her will, though she gave a subsequent assent to it. Ib. 577. It seems, too, that on a trial for this offence the woman may be a witness for her husband as well as against him, although she has cohabited with him from the time of the marriage. Ib. 577. By 9 G. 4. c. 31. the statutes 3 H.7. c. 2. and 4 & 5 P. & M. c. 8. § 3. are repealed. The same statute, 9 G. 4. c. 31. § 19., enacts, "That where any woman shall have any interest, whether legal or equitable, present or future, absolute, conditional, or contingent, in any real or personal estate, or shall be an heiress presumptive or next of kin to any one having such interest, if any person shall, from motives of lucre, take away or detain such woman against her will, with intent to marry or defile her, or to cause her to be married or defiled by any other person; every such offender, and every person counselling, aiding, or abetting such offender, shall be guilty of felony, and being convicted thereof, shall be liable to be transported beyond the seas for life, or for any term not less than seven years, or to be imprisoned, with or without hard labour, in the common gaol or house of correction for any term not exceeding four years." § 20. enacts, "That if any person shall unlawfully take or cause to be taken any unmarried girl, being under the age of sixteen years, out of the possession and against the will of her father or mother, or of any other person having the lawful care or charge of her; every such offender shall be guilty of a misdemeanour, and being convicted thereof shall be liable to suffer such punishment, by fine or imprisonment, or by both, as the court shall award." By 4 & 5 P. & M. c. 8. § 3. (now repealed), the offence was 4 & 5 P. & M. made to consist in unlawfully taking, &c. a female unmarried c. 8. under sixteen, "out of the possession and against the will of her father or mother or guardian." Whether the child be legitimate or not made no difference on this section of the act. (now repealed.) R. v. Cornforth and others, 2 Str. 1162. The court granted an Natural information against the defendants, for taking away a natural daughter. daughter under sixteen, under the care of her putative father; being of opinion that it was within 4 & 5 P. & M. c. 8. § 3., (now repealed.) Marriage Act. By stat. 4 G. 4. c. 76. § 27., no suit shall be had in any eccle- 4 G. 4. c. 76. siastical court, in order to compel a celebration of marriage in facie ecclesiæ, by reason of any contract of matrimony whatsoever, whether per verba de præsenti, or per verba de futuro. By stat. 20 H. 6. c. 9., peeresses shall be tried as peers for treason or felony. 20 H. 6. c. 9. Peeresses, how to be tried. The judgment against a woman, in case of high treason, was not the same as against a man traitor, to be hanged, cut down Judgment in alive, have the bowels taken out and the body quartered, but it was to be drawn to the place of execution, and there burned. And this also was the judgment against a woman in case of petit treason; whereas the judgment against a man, for petit treason, was that he shall be hanged. By 9 G. 4. c. 31. § 2., petit treason is to be treated in all respects as murder. treason. In case of capital felony, the judgment is the same against both In capital man and woman, to be hanged by the neck till dead. 2 Haw. felony. c. 48. § 7. It is clear, that if a woman quick with child be condemned Plea of pregeither for treason or felony, she may allege her being with child nancy. in order to get the execution respited, and thereupon the sheriff shall be commanded to take her into a private room, and to impanel a jury of matrons, to try and examine whether she be quick with child or not; and if they find her quick with child, the execution shall be respited till her delivery. But it is agreed that a woman cannot demand such respite of execution, by reason of her being quick with child more than once. 2 Haw. c. 51. § 9. whipping shall not be awarded on female offenders; but instead thereof imprisonment or solitary con By stat. 1 G. 4. c. 57. § 2. judgment or sentence shall in no case 1 G. 4. c. 57. whatever be given and awarded against any female or females con- Judgment or victed of any offence whatsoever, that such female offender or sentence of offenders do suffer the punishment of being whipped, either publicly or privately; any law, statute, or usage to the contrary notwithstanding. § 3. In all cases where the punishment of whipping, either publicly or privately, on female offenders, has hitherto formed the whole or part of the judgment or sentence to be pronounced, or has in any other case been inflicted, it shall and may be lawful for the court or justice of the peace before whom any such offender shall be tried or convicted, to pass sentence of confinement to hard labour in the common gaol or house of correction, for any space of time not exceeding six months, nor less than one month, or of solitary confinement therein for any space not exceeding the space of seven days at any one time, in lieu of the sentence of being publicly or privately whipped, as to the said court or justice finement. Attending the torn and leet. Serving the office of con stable by deputy, or over seer. shall seem most proper: Provided, that nothing herein contained shall extend, or be construed to extend, in any manner to change, alter, or affect any punishment whatsoever, which may now be by law inflicted in respect of any offence, save and except only the punishment of publicly or privately whipping on female offenders, in manner as herein-before is enacted. Women are not obliged to appear at the torn or leet. 2 Hau. c. 10. § 11. Mr. Hawkins seems to be of opinion, that a custom of the inhabitants serving the office of constable by turns, is good; and that when it comes to the turn of a woman inhabitant, she must procure one to serve for her. 2 Haw. c. 10. § 37. And she may be appointed an overseer of the poor. R. v. Stubbs, 2 T. R. 395. Statutes repealed. WOOD. [41 G. 3. c. 109.-52 G. 3. c. 71. c. 72.—7 & 8 G. 4. c. 30.] BY 7 & 8 G. 4. c. 27. a variety of statutes enacted for the preservation and encouragement of woods, plantations, and trees, and for the punishment of offences against that species of property, commencing from 13 Ed. 1., and extending to the reign of G. 4., 7 & 8 G.4. c.29. have been repealed, and by 7 & 8 G. 4. c. 29., for consolidating the laws relating to larceny, &c. and 7 & 8 G. 4. c. 30., for consolidating the laws relating to malicious injuries to property, enactments have been framed to meet offences of this description, which will be found under the titles Larceny, p. 453. et seq. and Malicious Injuries, § II. p. 551. et seq. c. 30. Setting fire to woods, &c. Punishment. 52 G. 3. c.72. Alice Holt forest. Penalties on persons da maging trees in the forest of Alice Holt. Penalties for breaking down inclosures. By 7 & 8 G. 4. c. 30. § 17., if any person shall (int. al.) unlawfully and maliciously set fire to any part of a wood, coppice, or plantation of trees, or to any heath, gorse, furze, or fern, where. soever the same may be growing, every such offender shall be guilty of felony, and be liable at the discretion of the court to be transported for seven years, or to be imprisoned not exceeding two years, and in addition (if a male), to be once, twice, or thrice publicly or privately whipped (if the court shall think fit). By stat. 52 G. 3. c. 72., the king is allowed to inclose not exceeding 1600 acres of land in the forest of Alice Holt, in the county of Southampton. And by 6., for the better preservation of the trees, woods, underwoods, heritors, and standils growing, or which may hereafter be planted and nourished to grow or be growing in or upon any part of the said inclosures, all persons whomsoever who shall, from and after the passing of this act, unlawfully cut down, split, bark, peel, damage, deface, destroy, or carry away any timber tree or other tree, woods, or covert, green stick, or any heritor or standil within the said forest as aforesaid, shall be subject to all such pains, penalties, and punishments, as are imposed upon any person committing the like offence in the lands, grounds, woods or coppices, being inclosed, and the private property of any of H. M.'s subjects. And by 7., every person who shall wilfully destroy or take away, or shall break down any fence or inclosure, or any part 52 G. 3. c. 72. thereof, made for the protection of any nursery of wood and timber as aforesaid, shall for the first offence forfeit the sum of 10., and for the second offence the sum of 20%. and for the third offence shall be deemed guilty of felony, and may be transported to any part beyond the seas for the term of seven years, or be subject to such other punishment by fine, imprisonment, or otherwise, as the court before which such person shall be convicted may direct; and such penalties may be recovered, and on nonpayment thereof the person who shall forfeit the same may be committed to prison, in the manner and for the same periods as is specified in stat. 6 G. 3. c. 48., in relation to the penalties of 201. and 301. respectively, for wilfully cutting or breaking down any timber under the said act. And by stat. 52 G. 3. c. 71., similar provisions are enacted respecting the forest of Woolmer, in the county of Southampton; where the king is allowed to inclose 2000 acres. 52G. 3. c. 71. Woolmer forest Woolmer. Stat. 52 G. 3. c. 71. contains provisions respecting the forest of Penalties for Woolmer, and the timber growing there, and certain inclosures breaking down to be there made; and by § 7., every person who shall wilfully inclosures in destroy or take away or shall break down any fence or inclosure, the forest of or any part thereof, made for the protection of any nursery of wood and timber as aforesaid, shall for the first offence forfeit 10., and for the second offence 201. and for the third offence shall be accounted guilty of felony, and may be transported for seven years, or be subject to such other punishment by fine, imprisonment, or otherwise, as the court before which such person shall be convicted may direct; and such penalties shall be recovered, and on non-payment thereof, the person who shall forfeit the same may be committed to prison in the manner and for the same periods as are specified in stat. 6 G. 1. c. 48., intituled An act for the better preservation of timber trees, and of woods and underwoods, and for the further preservation of roots, shrubs, and plants, in relation to the penalties of 201. and 30l. respectively for wilfully cutting or breaking down any timber under the said act. The General Inclosure Act 41 G. 3. (U. K.) c. 109. § 28. imposes a forfeiture not exceeding 51. on any person who shall wilfully and unlawfully break down, destroy, carry away, or damage any fence, stile, post, rail, gate, bridge, or tunnel, put up under the authority and for the purposes of any inclosure act, upon conviction before a justice for the county, &c. 41 G.3. (U.K.) ture for de up under inclosure acts. Wreck, what. Jetsam, flotsam, and ligan. 3 Ed. 1. c. 4. Living creature escaping. Where the ownership of the goods is ascertained, it that any live animal come ashore. Wreck. [3 Ed. 1. c. 4. - 17 Ed. 2. st. 1. c. 11. 12 Ann. st. 2. c. 18.- WR RECK of the sea, in legal understanding, is applied to such goods as after shipwreck at sea are by the sea cast upon the land; and therefore the jurisdiction thereof pertaineth not to the lord admiral, but to the common law. 2 Inst. 167. None of those goods which are called jetsam (from being cast into the sea while the ship is in danger, and which there sink and remain under water), or those called flotsam (from floating on the surface of the water), or those called ligan (which lie in the bottom of the sea, but tied to a cork or buoy, in order to be found again), are to be esteemed wreck, so long as they remain in or upon the sea, and are not cast upon the land by the sea; but if any of them are cast upon the land by the sea, they are wreck. 1 Black. Com. 292. Also by stat. 3 Ed. 1. c. 4., where a man, a dog, or a cat, escape quick out of the ship, the ship or any thing therein shall not be adjudged a wreck. A man, a dog, or a cat.] Which statute being but declaratory of the common law, these three instances are only put for examples; for besides these two kinds of beasts, all other beasts, fowls, and other living things are understood, whereby the property of the goods may be known. 2 Inst. 167. And it is now holden, that not only if any live thing escape, but if proof can be made of the property of any of the goods or lading which came on shore, they shall not be forfeited as wreck. 1 Black. Com. 290. As in the case of Hamilton v. Davis, 5 Burr. is not necessary 2732. The ship was lost. The goods cast on shore were sufficiently marked, so as that the owner might be known. But the lord of the manor refused to deliver them up, insisting that they were forfeited as wreck, because no living creature had come alive from the ship to the shore.-By Ld. Mansfield C.J. No case hath been produced in the argument of this cause, to prove that the goods were forfeited, because no dog or cat or other animal came alive to shore. I will therefore presume that there never was any such determination; and that no case could have been determined, so contrary to the principles of law, justice, and humanity. The very idea of it is shocking. And there is no ground for such a forfeiture, upon the distinction that hath been so much urged, between a man or other animal coming to shore alive or not alive. The coming to shore of a dog or a cat alive can be no better proof, than if they should come ashore dead. The escaping alive makes no sort of difference. If the owner of the animal were known, the presumption of the goods belonging to the same person would be equally strong whether the animal were living or not. And the court were clear and unanimous that the owner was entitled to his goods again, on his paying or tendering a reasonable salvage. |