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And Cry

hue, person and county

AND CRY. A pursuit of one who had committed felony, by the highway.

The meaning of hue is said to be shout, from the Saxon hoer; but this word also means to foot, and it may be reasonably questioned whether the term may not be up foot and cry, in other words, run and cry after the felon. We have a mention of hue and cry as early as Edward I.; and by the Statute of Winchester, 13 Edw. 1., "immediately upon rob beries and felonies committed, fresh suit shall be made from, town to town, and county to county, by horsemen and footmen, to the seaside. The con stable (the person being described, etc.) is to call upon the parishioners to assist him in the pursuit in his precinct; and to give notice to the next con stable, who is to do the same as the first, etc. If the county will not answer the bodies of the of fenders, the whole hundred shall be answerable for the robberies there committed, etc." A-person en gaged in the hue and cry apprehending a felon was, on the felon's conviction, entitled to forty pounds, on a certificate of the judge or justice be fore whom there was conviction, as well as to the felon's horse, furniture, arms, money, and other goods taken with him, subject to the rights of other persons therein ; Wood, Inst. 370. See 2 Hale, P1.

Cr. 100.

The person who has lost his property must raise the bus and cry. All who refused to assist were liable. When the owner found his property be could seize and claim it. The person In whose possession it was found must either give it and pay a .1ine or appear before the court. If the prop erty was found by the following of the hue and cry, be could claim it at once ; 2 Holdew. Hist. E. L. 99.

From the fourteenth to the seventeenth centuries summons and warrants took the place of hue and cry, which practically fell into disuse.

Where one ran from his place of business to join the hue and cry and shot the fugi tive, his conviction was reversed ; People v. Lillard, 18 Cal. App. 343, 123 Pac. 221.