CHAP. III. ΤΟ PERSONAL PROPERTY. Criminal inju ries wilful or malicious. was in remainder or reversion; an action of trespass is, in general, the proper remedy for a direct injury with force to a chattel in the actual or implied possession of the owner, but case is the only proper remedy when the injury was only consequential, or the owner's right of possession was in future; (r) and case is always the proper remedy for negligence or nonfeazance, or where the property affected is not tangible, and where it would be obviously an illogical statement of the injury to describe it as committed with force. (s) Injuries and damage to personal property, without taking the same out of the possession of the owner, and sometimes when committed by the owner himself, are also punishable, and, in some cases, compensated by proceedings under the criminal law, some by indictment, and others by summary proceedings before a magistrate. The principal statute against malicious or wilful injuries to property is the 7 & 8 Geo. 4, c. 30. (t) Thus, unlawfully and maliciously cutting, breaking, or damaging any goods or articles of silk, woollen, linen, or cotton, mixed or unmixed, and certain other specified manufactures in hose, lace, &c., is felony transportable for life; (u) destroying threshing machines, or other machines employed in any manufactory, is felony, and seven years transportation; (x) pulling down, or destroying or damaging any steam-engine for working a mine is felony, with transportation or imprisonment; so riotously and tumultuously destroying any machinery, whether fixed or moveable, prepared for or employed in any manufacture ; (y) setting fire to or destroying any ship or vessel, whether or not in an unfinished state, is punishable capitally, (2) and damaging otherwise than by fire is felony, punishable with transportation for seven years, or imprisonment for two years, and whipping, if a male; (a) and exhibiting false lights or signals, with intent to bring a ship into danger, is felony, punishable capitally. (b) Maliciously killing, maiming, or wounding any cattle, is a transportable felony; (c) setting fire to stacks of corn, grain, pulse, straw, hay, or wood, is felony, punishable capitally; and setting fire to any crop of corn, grain, or pulse, whether standing or cut, or to any part of a wood, coppice, or plantation of trees or heath, gorze, furze, or fern, is a transportable felony; (d) hop (r) 1 Chit. Pl. 193 to 200; 2 Bar. & C. 934; 11 East, 571. (s) Id. ibid. 1 Chit. Pl. 153 to 159; 3 Bla. C. 153, 154. (t) See in general Burn's J., Malicious Injuries. (u)7 & 8 Geo. 4, c. 30, s. 3. (r) Id. s. 4. (y) Id. s. 8. (z) Id. s. 9. How to describe the vessel and injury, and what a vessel, 4 Car. & P. 559, 569. (a) Id. s. 10. (b) Id. s. 11. (c) Id. s. 17; Burn's J., Cattle. (d) Id. s. 17; how to describe a stack of haulm, 4 Car. & P. 245 ; stack of barley, Id. 548. II. III. INJURIES binds and growing trees, vegetables, &c., are also protected by CHAP. III. the same act, (e) but which will be stated in the next chapter respecting real property. When in feloniously destroying a house, furniture or personal property therein is destroyed or damaged, the hundred is liable to make compensation for the whole of the injuries. (ƒ) In other cases of malicious injuries of various descriptions, punishments are provided; (g) and when the injury does not exceed 5., a justice may fine or afford compensation summarily. (h) Under the 24th section of the act just alluded to, it has been holden, that if a small dog run after and bark at a party, and he thereupon beat him with unreasonable violence, under colour of self-defence, and thereby materially injure the dog, he may be proceeded against summarily before a justice for such injury; and although he may have left the premises, and gone a mile off, he may nevertheless be immediately pursued and apprehended without warrant, and therefore such imprisonment will be lawful. (1) Cruelty to animals, committed even by the owner, is punishable under the 3 Geo. 4, c. 71 ; but bull baiting is not an offence within that act, which extends only to the enumerated animals. (k) The poisoning fowls by throwing poisoned food, was actionable at common law; and the attempt to poison game or destroy their eggs, is punishable by express enactment. () As one of the means of preventing or detecting the stealing or improperly killing horses, &c. slaughtering houses are placed under particular regulations. (m) Injuries to the British Plate Glass (n) and the English Linen Company, (o) and even mere threats to destroy corn, grain, hay, or straw, are punishable. (p) And at common law all conspiracies to injure the actual property of another person, or his trade, would be indictable; though not a mere conspiracy to commit a trespass, as to enter a preserve and destroy the game. (q) ΤΟ PERSONAL terest in remain In case of personal property, the general ownership, when Secondly. Inthe party is entitled to immediate possession, impliedly draws juries when into it the constructive possession, though we have seen that in der or reversion. some cases actual possession is essential, as in that of a gift, or Civil injuries. upon the assignment of goods, as against creditors, in which (e) 7 & 8 Geo. 4, c. 30. (f) Id. c. 31, post. (g) Id. c. 30. (h) Id. s. 24. (i) 2 Mood. & Malk. Ni. Pri. R. 15. (k) 3 Car. & P. 225; 1 Man. & R. Mag. Ca. 105. S. C.; Burn's J. Cattle, 569. (l) 1 & 2 W. 4, c. 32, s. 3 to 24. (0) 4 Geo. 3, c. 37, s. 16. (p) 4 Geo. 4, c. 54, s. 3. (1) 13 East, 228. CHAP. III. ΤΟ PERSONAL PROPERTY. Criminal injuries. cases actual possession is essential to perfect the right, with the exception of the mortgage or transfer of a ship. (r) In other cases the right suffices, and therefore the general owner of a personal chattel, though he has never had actual possession, may support trover or trespass for an injury, as if he were in fact in actual possession. (s) But if the general owner has not the right of possession, as where his interest by the terms of grant or bequest is to have it only after the death of another living person, or when on any other ground his possession is only in remainder or reversion, or where he has parted with his right of possession, as by letting furniture for an unexpired term, then the injury to such chattel is not immediate to him, but consequential only, and therefore he cannot for any injury sue in trespass or trover, but must declare specially in case for the injury to his reversionary interest. (t) And in these cases an indictment for larceny should state the felony to have been as against the property of the temporary owner, as of the occupier of a ready-furnished lodging; (u) and this was one reason why at common law a lodger could not be guilty of stealing the furniture of readyfurnished lodgings; (x) but that difficulty was removed by the statute 7 & 8 Geo. 4, c. 29, s. 45, which declares that such a taking shall be felony, punishable as simple larceny; and the indictment may state the goods to have been, at the time of the felony, the property of the landlord. (y) Where however a bailee himself commits an act putting an end to the continuance of his interest, as destroying the thing, trespass or trover may sometimes be sustained; (2) as where certain machinery, together with a mill, had been demised for a term to a tenant, and he without permission of his landlord severed the machinery from the mill, and it was afterwards seized and sold by the sheriff under a fieri facias, it was held that the landlord might support trover even during the continuance of the term. (a) The same rules apply to criminal proceeding; and in case of larceny of things demised by the owner, the indictment should therefore describe the property as that of the lessee, (b) (r) 5 Bar. & Ald. 918. (s) 2 Saund. R. 47, and notes; 1 T. R. 480; 7 T. R. 12. (t) 4 T. R.; 7 T. R. 9; 1 Ry. & M.99; 1 Price, 53; 5 Bar. & Ald. 826; 2Campb. 464; 3 Lev. 209. (u) R. & R. C. C. 411; R. & M. C. C. R. 26. (a) Kel..24; Show. 50. (y) Burn's J. Larceny, 556, 557; Collyer's Stat. 334. (2) 2 Campb. 464; 3 Campb. 187; 5 Esp. R. 55; see in general 1 Chit. Pl. 174, 175. (a) 5 B. & Ald. 826; 3 Stark. R. 130. (b) R. & R. C. C. 411; R. & M. C. C. R. 26. II. III. INJURIES TO PERSONAL PROPERTY. unless he himself were the criminal, in which case, by express CHAP. III. enactment, he may be indicted for larceny as of the goods of the lessor; (c) or except in the case of fixtures, when, although the use of them has been demised, they may by express enactment be described as the property of the lessor. (c) It should seem that justices have summary power to fine and award compensation for wilful or malicious injuries, not exceeding 57., as well to personal property in remainder or reversion as in possession. (d) And we have seen that if a tenant or lodger be guilty of larceny, it may be treated as a common larceny, though in truth the offence is to property in reversion. (e) Where the owner of personal property in remainder or reversion has reasonable ground to fear that the property will not be forthcoming at the time when his interest will vest in possession, he may, in some cases, by filing a bill in equity, secure the property against waste. (f) property is in or tenancy in common. When personal chattels belong to several owners, and one of Thirdly. Inthem injures the same, in general the remedy against him juries where the cannot be by the ordinary actions of trespass or trover, unless joint tenancy the thing be destroyed; (g) as if one tenant in common destroy the whole flight of a dove-cote, or all the deer in their park, in which case trespass might be sustained; (h) but otherwise the remedy would be only by action on the case. (i) In the case of ships, or other property of considerable value, a Court of Equity will interfere to prevent injury, and regulate the exercise of ownership by each party. (k) Fourthly. Injuries to things in possession, but With respect to injuries to things not tangible, the right to which is in possession, they may be to copyrights in books or music, busts and sculptures, engravings and prints, inventors not tangible. of patterns for linen, calicoes, &c., and the ownership in patents in general. Injuries against these are usually compensated by penalties and actions particularly provided by the statutes, which create or protect the exclusive right of the author or inventor, and will be found in the statutes before referred to. It has also been considered that an action might be sustained at common law. But although not noticed in the statutes, the (c) 7 & 8 Geo. 4, c. 29, s. 45; Burn's J. Larceny, 556, 557; ante, 138. (d) 7 & 8 Geo. 4, c. 30, s. 24, sed quære. (e) Id. c. 29, s. 45; ante, 138. (f) See post, ch. viii.; Chit. Eq. Dig. Chattels Personal and Estate, IX. (g) Com. Dig. Estate, K. 8; 8 T. R. II. III. INJURIES CHAP. III. preventive remedy by injuction, obtained by filing a bill in equity, is by far the most efficacious, and therefore will hereafter be very fully considered. ΤΟ PERSONAL PROPERTY. Fifthly. In juries to choses medies, and punishments. II. The civil injuries to choses in action are principally breaches of contract; but there are some unconnected with contract, as in action, and re- the nonpayment of legacies, &c.; and there are some injuries of a criminal nature, as forgery, &c. Contracts, we have seen, may be of record, as recognizances and judgments; or by specialty, as bonds, &c. under seal; or simple contracts not under seal, and whether written or verbal. The subjects of the contract may be infinitely various, and the injuries or breaches equally so. In general the injuries are nonpayment of money, or the omitting to perform or improperly performing some other act, or the doing some act that ought not to have been performed at all, such as deceitful representation. (1) It would be beyond the scope of this summary to enumerate all the contracts and injuries which may affect choses or rights of action. Civil remedies. The remedies in cases of nonpayment of debts may be by set-off under the statutes introducing the right of applying cross demands in discharge or satisfaction of each other; (m) but these do not enable a party to set off a simple contract debt against a judgment, (n) though upon motion the courts will, when the parties are the same, or the cross demands due in the same rights, upon motion, allow one judgment to be set off against the other, (o) and sometimes will even suspend execution in one action until the judgment has been perfected in the cross action, so as to be capable of being set off upon motion. (p) The Bankruptcy Act directs that mutual credits, as well as mutual debts, shall be set off against each other; (g) but the mutual credit must be of a nature that would at, maturity end in a debt, and not in a claim for unliquidated damage. (r) Debts for rents, when due under an actual demise, and when the creditor has a reversionary interest, may be distrained for, but not otherwise. (s) If payment of money can only be obtained by suit, then the (1) To sustain an action for falsely representing a third person proper to be credited with money or goods, there must have been a written guarantee stating the consideration, pursuant to the statute against frauds, or a written deceitful representation under 9 Geo. 4, c. 14, post, 142. (m) 2 G. 2, c. 22, s. 13; 8 G. 2, c. 24, s.4. (n) 6 Taunt. 176; 8 Bing. 202; 7 Bing. 29, 61. (0) Tidd, 9 ed. 911; and see 7 Bing. 435, et id. (p) 7 Bing. 435. (q) 6 G. 4, c. 16, s. 50; 8 Bar. & Cres. 105. (r) 9 Bar. & Cres. 744. (s) But not if the occupation be under a mere agreement for a prospective demise, Taunt.; or where the claimant has no reversion. See chap. vii. |