ESTRAYS and WAIFS. Estrays are any valuable beasts, not wild, found with in a lordship, whose owner is not known ; such as are commonly impounded and not claimed. They are then to be pro claimed in „the church and two nearest market towns on two market days, and not being claimed by the owner, belong to the King, and now commonly, by grant of the crown, to the lord of the manor, or the liberty. Beasts, fere natant., cannot be estrays. Swans, hut no other fowl, may be estrays. The estray is not the absolute property of the lord till the year and day, with proclamation ; and there fore if it escape from the lord before, to another manor, he cannot reclaim it. If proclamation is neglected, the owner may claim it without paying the expenses, and may do so at all times within the yearand day, upon paying them ; but afterwards it is vested in the lord absolutely. The owner may seize it without telling the marks, or proving the property, till the trial ; the lord should demand a sum for the keeping it, and the owner may then tender any reasonable sum; the propriety of which, if it is not received, may be as certained by the jury upon the trial. A
mends may be tendered generally, with out a particular sum, before the lord fixes the amount. An estray must not be used, but a cow may be milked of necessity. The King's cattle cannot be estrays. The year and day runs from the first pro clamation, not the seizure.
Waifs, are goods which are stolen, and waved, or left by the felon on his being pursued, for fear of being apprehended ; and forfeited to the King or lord of the manor: and though waifs are generally spoken of things stolen, yet if a man be pursued with hue and cry as a felon, and he flies and leaves his own goods, these will be forfeited as goods stolen ; but they are properly the fugitive's goods, and not forfeited till it be found before the coroner, or otherwise of record, that he fled for the felony.