Page:Prerogatives of the Crown.djvu/261

 Ch. XI. Sec. III.] Crown Property/. 241 arises from his property in his copy {a). So the King cannot, by law, grant an exclusive privilege to print any book which does not belong to himself. If there be no certain author, the property is not in the King, but is common and crown-copies are, as in the case of an author, civil property ; which is de- duced, as in the case of an author, from the King's right of original publication. The kind of property in the Crown, or a patentee from the Crown, is just the same, incorporeal, inca- pable of violation, but by a civil injury, and only to be vindi- cated by the same remedy, an action upon the case, or a bill in equity. The King's copyright continues after publica- tion (5). The rights of the Crown as to lands (c) and franchises {d)y and as to bona vacantia, as general occupant (^), have been already considered. There is this peculiar quality attached to the mo^e of ac- quiring property by prerogative, that the King cannot have a joint property with any person in one entire chattel, or such a one as is not capable of division or separation ; but where the titles of the King and a subject concur, the King shall have the whole ; in like manner as the King cannot, either by grant or contract, become a joint- tenant of a chattel real with another person {f) ; but by such grant or contract shall become en- titled to the whole in severalty. Thus, if a horse be given to the King and a private person, the King shall have the sole property : if a bond be made to the King and a subject, the King shall have the whole penalty, the debt or duty being one single chattel [g]. And so, if two persons have the property of a horse between them, or have a joint debt owing them on bond, and one of them assigns his part to the King or is at- tainted, whereby his moiety is forfeited to the Crown, the King shall have the entire horse and entire debt {Ji) ; for as it is not consistent with the dignity of the Crown to be partner with a subject, so neither does the King ever lose his right In any instance ; but where they interfere, his is always preferred (a) 4 Burr. 2332. 2401. (g') Fitzh. Abr. t. dette, 38. Plowd. (A) Ibid. 2401. 5Bac. Ab. 598. 243. (c) Ante, ch. U.S. 1. (A) Cro. Eliz. 263. Plowd. 323. (rf) Ante,ch. 8. s. 2, &c. Finch, Law, 178. 10 Mod. 245. See («) Ante, ch. 8. s. 2. div. 3. 1 Wightw. 50. (/) 2 Bla. Coin. 184, 409. to