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2, and take them away at to take them. a Danu. C. 93.

sons who shall steal, or rip Intent to steal, any Lead, alifadoe, or Iron Rail, fix'd

or other Building, or in d, Fence, c. thereto beof Felony; and the Court 1s shall be tried, shall have m for seven Years: And affifting in Stealing, or in or Breaking any Lead, Iron em to be stolen, shall be hment as for Stealing the

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do it before the End of the Term. Tenant for Years made an Under-lease of a House in Holborn to one who was by Trade a Sope-boiler, and he for the Convenience of his Trade, put up Fats, Coppers, Tables, Partitions, and paved the Backfide, &c. And by Holt Chief Justice it was held, that during the Term the Sope-boiler might well remove the Fats and other Things he fet up in Relation to Trade, and that by the Common Law, (not by Virtue of any special Custom) in Favour of Trade and to encourage Industry: But after the Term, they become a Gift in Law to him in Reversion, and are not removable. That there was a Difference between what the Sope-boiler did to carry on his Trade, and what he did to compleat the House, as making Hearths and Chimney-pieces, which he held not to be removable. Mich. 2 Ann. Poole's Cafe, 1 Salk. 368.

This was where upon a Writ of Fieri facias issued on a Judgment in Debt against the Undertenant, the Sheriff took up al these Things, and left the House stripp'd and in a ruinous Condition; so that the first Lessee was liable to make it good, and he thereupon brought a special Action on the Cafe against the Sheriff and those that bought the Goods, for the Damage done to the House: But it was ruled, that the Sheriff might take them in Execution in this Cafe, as well as the Under-lessee might remove them. Ibid.

Any Thing fixed to the Freehold, as a Furnace, the Doors or Windows of a House, or fuch like, may not be distrained for Rent. Though by the Common Law, it is not Felony to steal Lead from a Church or House; Corn or Grass growing on the Ground, Apples upon a Tree, &c. for this is only Trespass: But if they are severed from the Freehold, whether by the Owner or the Thief, if he

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fever them at one Time, and take them away at another, it is Larceny to take them. 2 Danv. Abr. 641. 1 Hawk. P. C. 93.

By a late Act, all Persons who shall steal, or rip off, cut or break, with Intent to steal, any Lead, Iron Bar, Gate, Iron Palisadoe, or Iron Rail, fix'd to any Dwelling-house, or other Building, or in any Garden, Court-yard, Fence, &c. thereto belonging, shall be guilty of Felony; and the Court before whom such Persons shall be tried, shall have Power to transport them for seven Years: And Persons that shall be assisting in Stealing, or in such Ripping, Cutting, or Breaking any Lead, Iron Bar, &c. knowing them to be stolen, shall be liable to the like Punishment as for Stealing the same. 4 Geo. 2. C. 32.

From Freeholds in general, I come to Freeholders, as to their Privileges and Qualifications to be chose Members of Parliament, Electors of Parliament Men, Justices of Peace, Jurymen, &c.

The Qualification of Freeholders to be Members of Parliament.

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N ancient Statute enacts, that Knights of the Shire shall be resident in the County for which they are chosen; as likewise Citizens and Burgesses elected are to be residing in and free of the same Cities and Boroughs, the Day of the Date of the Writ of Summons to Parliament, and they ought to be notable Knights of the County, and notable Esquires and Gentlemen, &c. 1 Hen. 5. cap. 1.

And a much later Statute than this hath enacted, That no Person shall be a Member of Parliament, who hath not an Estate of Freehold or Copyhold for Life,

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Life, or fome greater Estate, to his own Ufe, either in Law or Equity, viz. a Knight of a Shire 600 l. a Year, over and above what will fatisfy all Incumbrances, and a Citizen and Burgess and Baron of the Cinque Ports, 300l. per Annum; of which particular Oath is to be made at the Request of any other Candidate, at the Time of Election, or of two or more Persons who have a Right to vote, and of the Parishes or Places where the Lands lie, &c. and if any Person shall be elected and return'd to serve in Parliament, not being so qualified, the Return shall be void. 9 Ann. cap. 5.

It is provided that none shall be qualified by Virtue of any Mortgage on such Estate, whereof the Equity of Redemption is in another, unless the Mortgagee shall have been in Poffeffion seven Years before the Election: Though the eldest Son of a Peer, or of any Person qualify'd by the Act to serve as Knight of the Shire, shall not be incapable of being elected, and fitting and voting in any Parliament. Stat. ibid.

By another Act, Persons having Pensions, for Terms of Years, &c. are not capable to be elected; and such Pensioners presuming to fit and vote, to forfeit 201. a Day. 1 Geo. 1. с. 56.

All Members of Parliament, when chosen out of Freeholders, &c. that they may attend the publick Service of their Country, have Privilege of Parliament for themselves and their menial Servants, to be free from Arrests, Citations, &c. and for their Horses and Goods to be free from Distresses: And this Privilege doth generally hold in all Cafes, except in Treason, Felony, and for Breach of the Peace; also it is claimed for the Space of forty Days before the Sitting of the Parliament, and forty

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