of the witnesses, shall be delivered to the party indicted, ten days before the trial. 7 Ann. c. 21. s. 11.

But this is not to extend to any indictment of high treason for counterfeiting the coin, the great seal, privy signet, or the sign manual. 6 Geo. 3. c. 53. s. 3.

And such persons shall immediately, upon his or their re- Counsel. quest*, have assigned to them two such counsel as they shall lesire, who shall have access to them at all seasonable hours. 7 & 8 Will. 3. c. 3. s. 1.

And they shall be received and admitted to make their full lefence by counsel. Ibid.

Also persons impeached by the House of Commons of high reason, whereby corruption of blood shall be made, or for nisprision thereof, shall be admitted to make their full defence by two counsel, who shall be assigned for that purpose, in like nanner as upon indictments and other prosecutions. 20 Feo. 2. c. 30.

And they shall be allowed to make their defence by witnes- Witnesses. es upon oath. 7 & 8 Will. 3. c. 3. s. 1.

And they shall not be attainted, but on the oath of TWO WITTESSES, either both of them to the same overt act, or one of hem to one, and the other of them to another overt act, of the ame treason, unless they shall confess, or stand mute, or reuse to plead, or challenge peremptorily above 35 of the jury. ! & 8 Will. 3. c. 3. s. 2.

And if two treasons of divers kinds shall be alleged in one ill of indictment, one witness to prove one of the treasons, and nother witness to prove another of the said treasons, shall 1ot be deemed two witnesses within this act.

s. 3.

tried as on

By 39 & 40 Geo. 3. c. 93, in all cases of high treason in Certain acts of Compassing or imagining the death of the king, and of mis prision treason to be of such treason, where the overt act or overt acts, of such trea- indictments for on which shall be alleged in the indictment shall be assassina- murder. ion or killing of the king, or any direct attempt against his life, or direct attempt against his person whereby his life may be endangered or his person may suffer bodily harm,' the perou charged with such offence may be indicted, arraigned, tried, ind attainted, in the same manner and according to the same Course of trial, in every respect, and upon the like evidence, is if such person stood charged with murder; and none of the provisions contained in the terminer, or general gaol delivery for such last-mentioned county, by writs of habeas corpus, 10 cause any person who may be in the custody of any sheriff, or

In the case of lord George Gordon, it was moved, that counsel might be assigned the prisoner; hut Buller J. doubted whether the application ought not to be made by the prisoner himself at the bar, the words of the statute being upon his or their request; but the attorney general consenting, the motion, was allowed. 2 Doug. 8vo. ed. 591.

of the keepers of any gaol, charged with any offence committed within the county of any such city or town corporate, to be removed into the custody of the sheriff of such next adjoining county, in order that he may, for such offence, be tried in such last-mentioned county.

And the stat. 39 Geo. 3. c. 93, recites the stat. 7 Ann. c. 21, s. 10. whereby it was enacted, that after the decease of the per son who pretended to be Prince of Wales during the life of the late King James, and since pretends to be king of Great tain, and at the end of the term of three years after the iss diate succession to the crown, upon the demise of her said it majesty, should take effect, no attainder for treason shad "extend to the disinheriting of any heirs, nor to the prejudice d the right or title of any person,' other than the right or titt of the offenders during their natural lives only: and also ang. ther act 17 Geo. 2. c. 39, whereby it was further enacted, That the said provision so made by the aforesaid act should not take place, nor have any operation, force, or effect whatsoever, until after the deceases not only of the said pretender, but als of his cldest and all other sons: it is therefore enacted by the said stat. 39 Geo. 3. c. 93, that the said provisions in the said two several acts shall be repealed.

For the judgment in high treason, see JUDGMENT.
For the forfeitures, see ATTAINDER.

TREASURE TROVE.

TREASUR

REASURE trove, or treasure found, is where any mon or coin, gold, silver, plate, or bullion is found hidden in earth, or other private place, the owner thereof being known; in which case the treasure belongs to the king, or some other (as the lord of the manor by the king's grant, or pr scription); but if he that hid it be known, or afterwards f out, the owner and not the king is intitled to it. 1 Black. Cas 225.

Also if it be found in the sea, or on the surface of the earth it doth not belong to the king but the finder, if no owa appears. Ibid.

So that it seems it is the hiding, not the abandoning that gives the king a property. Ibid.

This difference arises from the different intentions which the law implies in the owner. A man that hides his treasure in secret place, evidently doth not mean to relinquish his prope

ty, but reserves a right of claiming it again when he sees occasion; and if he dies, and the secret also dies with him, the law gives it to the king, in part of his royal revenue. Ibid.

But a man that scatters his treasure into the sea, or upon the public surface of the earth, is construed to have absolutely abandoned his property, and returned it into the common stock, without any intention of reclaiming it; and therefore it belongs, as in a state of nature, to the first occupant, or finder, unless the owner appear and assert his right; which then proves that the loss was by accident, and not with an intention to renounce his property. Ibid.

Antiently this prerogative was thought to be of that conse- Concealment quence to the crown, that it is said the concealing of treasure punishable by trove was punished with death; but it is now only punishible with fine and imprisonment.* 3 Inst. 333. 1 Hale's Hist.

106.

fine and inprisonment.

And there is no doubt but that the coroner may, and ought Coroner to eno enquire of treasure trove; for by the stat. de officio coro-quire thereof. autoris, 4 Ed. 1, it is enacted, that a coroner, upon information, shall go to the places where treasure is said to be found; ind in a following part, that he ought also to enquire of treasure that is found, who were the finders, and likewise who is uspected thereof: and that may be well perceived, saith this old statute, when one liveth riotously, haunting taverns, and hath done so of long time; hereupon he may be attached for this suspicion by four, or six, or more pledges if he be found.

Also it seems to be agreed, that all seizures of treasure trove So also may belonging to the king, may be enquired of in the sheriff's torn or the leet or torn. in the leet. 2 11awk. c. 10. s. 57, & c. 11. s. 1.

But it seems questionable, whether a prescription in a court leet, to enquire of the seizure of such things belonging to the lord of it, being a subject, be good or not, since it is against the general rule of the law, for the court leet to take conu sance of trespasses done to the private damage of the lord because that would make him his own judge. 2 Hawk. c. 10. 8.57.

Treasurer of the county.

Trees.

See COUNTY RATES.
and GAOLS, head IX.

See FELONY within clergy, s. Trees,
TRESPASS and WooD.

* For it is agreed that larceny cannot be committed by taking away treasure trove, before it be scized by the persons who have a right thereto; though the party may he punished for so doing by fine and also be subject to a special action on the case, at the suit of the person from out of whose franchise it was taken.

Pulling down inclosures.

TRESPASS.

BY 13 Ed. 1. st. 1. c. 46, where sometimes it chancett

'that one having a right to approve, doth then levy a dyke of
an hedge, and some by night or at another season, when they
suppose not to be espied, do overthrow the hedge or dyk
' and it cannot be known by verdict of the assize or jury, wh
' did overthrow the hedge or dyke, and men of the towns neg
' will not indict* such as be guilty of the fact; the towns
adjoining shall be distrained to levy the hedge or dyke at their
own cost, and to yield damages.'

And by 3 & 4 Ed. 6. c. 3, such person as shall bring an
size hereupon, and have judgment to recover, shall have h
damages trebled by the judgment of the court.'

Cutting grow
By 43 Eliz. c. 7, if any person shall cut, or unlawfully take
ing corn, rob-
away any corn growing, or rob any orchards or gardens, a
bing of or-
break or cut any hedge, pales, rails, or fence, or dig, pull up
chards or gar-
dens, breaking or take up, any fruit trees, to the intent to take the same away,
hedges, pulling or shall cut or spoil any woods or underwoods, poles or tres
up fruit trees, standing (the same not being felony by the laws of this realnt)
or spoiling
every such person, his procurors and receivers knowing
wood growing.
same, being convicted by confession, or one witness, b

* For by the indictment, the lord or party grieven skalle' know against whom to bring his action. 2 Inst. 476.

And according to my lord Coke, if the bordering towns de not within a year and a day indict the misdoers, then shall the lord or party grieved bring his action upon this branch of the statute against the bordering towns. 2 Inst. 477.

The taking away any of these things while growing up the freehold, is not felony, but only a trespass; for a ma cannot steal a part of a freehold; but if they be once severed therefrom, whether it be by the owner, or even by the thi himself, if he sever it at one time, and then come again and take it, it is felony. See 1 Hawk. c. 33. s. 21.

A conviction on this statute ought to set forth the parti cular number of trees cut down, in order that the party may able to defend himself against a second charge for the same of fence; for the number cut down is to be the measure of the damages; or if any action should be brought for the trespass, a conviction for cutting them down without mentioning their number, could not be pleaded in bar, because it would not ap pear that the conviction was for the same, therefore the number and quantity ought to be mentioned expressly in the conviction, as well as in an action. Q. v. Burnaby, Ěa. 2 Ann. 2 Lord Raym. 900. Comyns' Rep. 131.

one justice of peace, mayor, or other head officer, where the offence shall be committed, or the party apprehended, shall give such recompence for the damages as by such justice shall e appointed, for the first fault; and if such offenders shall be hought, in the discretion of the justice, not able, or do not ake satisfaction for the damages, the justice shall commit he offender to some constable or other inferior officer, where le offence shall be committed, or the party apprehended, to be hipped; and for every such offence for which the offenders all be eftsoons committed, to receive the said punishment of hippings. 1.

And if any constable; or inferior officer, do not at the comand of any such justice,execute by himself, or some other, the pu. shment limited by this statute, it shall be lawful for the juse to commit him to the common gaol, until the offenders be thim, or by his procurement, whipped. s. 2.

s. 3.

Hedge-break

But no such justice shall execute this statute for any offences
ne unto himself, unless he be assisted with one or more other
tices, whom the offence doth not concern.
By 15. Car. 2. c. 2, the constable may apprehend, or cause
be apprehended, every person he shall suspect having or
rying any burden of any kind of wood, underwood,, poles, pales, &c.
young trees, or bark, or bast of any trees, or any gates,
es, posts, and pales, rails or hedgewood, broom or furze :-
d by warrant of one justice (I) directed to any officer, such

For an

an approved form of a record of conviction under this sta, see the precedent at the end of this title.

(I) Form of a warrant to search for stolen wood.

}

To the constable of

nmouthshire,
to wit.
Whereas PG of, in the said county of M, yeoman,
ith this day made complaint+ upon oath before me J P,
quire, one of his majesty's justices of the peace in and for
e said county, that within the space of last past, di
rs quantities of wood have been cut, taken, and carried
vay off and from his lands at
in the said county [or

the case is]; and that he hath just cause to suspect, and
>th suspect that the said wood, or part thereof, is concealed
the dwelling-house of O O, of, labourer, or in the
it-houses, yards, gardens, or other places belonging to his
e said O O's dwelling house, at
aforesaid: These

e therefore in his majesty's name to authorise and require
Du, with necessary and proper assistants, to enter into the
id dwelling house of the said O O: and also the out-houses,
irds, gardens or other places belonging to such dwelling.

For the form of the complaint, see title SEARCH WARRANT. YOL. IV. 3 T

ers,and stealers of wood, gates,