RIGHT PATENT. The name of an ancient writ, which, Fitzherbert says, " ought to be brought of lands and tenements, and not of an advowson, or of common, and lieth only of an estate of fee-simple, and not for him who has a lesser estate, as tenant in tail, tenant in frank-marriage, or tenant for life." Fitzherbert, Nat. Brev. 1.
In Criminal Law. A phrase applied in England to a trick frequently practised in committing lar cenies. It is difficult to define it: it will be sufficiently exemplified by the folliming cases. The prisoner, with some accomplices, being in company with the prosecutor, pre tended to find a valuable ring wrapped up in a paper;.appearing to be a jeweller's receipt for "a rich brilliant diamond ring." They offered to leave the ring with the prosecutor if lie would deposit some money and his watch as a security. The prosecutor, having accordingly laid down his watch and money on a table, was beckoned out of the room by one of the confederates, while the others took away his watch and money. This was held
to amount to a larceny. 1 Leach, Cr. Cas. 238 ; 2 East, Pl. Cr. 678. In another case, under similar circumstances, the prisoner procured from the prosecutor twenty guineas, pro mising to return them the next morning, and leaving the false jewel with him. This was also held to be larceny. 1 Leach, Cr. Cas. 314 ; 2 East, Pl. Cr. 679. In these cases the prosecutor had no intention of parting with the property in the money or goods stolen. It was taken, in the first case, while the transaction was proceeding, without his know ledge ; and in the last, under the promise that it should be returned. See 2 Leach, Cr. Cas. 640.