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was committed, and the nature and amount of the damage, in the same manner as in the preceding form.] Given under my hand this day of in the year of our Lord (Signed)

A. B.

Hearing and order.] And it shall be lawful for the justices, not being less than two, at such petty session or any adjournment thereof, to hear and examine upon oath or affirmation the claimant, and any of the inhabitants of the hundred or other like district, and their several witnesses, concerning any such offence, and the damage sustained thereby; and thereupon the said justices, or the major part of them, if they shall find that the claimant has sustained any damage by means of any such offence, shall make an order for payment of the amount of such damage to him, together with his reasonable costs and charges, and also an order for payment of the costs and charges (if any) of the high constable or inhabitants,and shall direct such order or orders to the treasurer of the county, riding, or division in which such hundred or district shall be situate. Id. s. 2.

Proceedings against the Hundred, where the Damage is to a Church or Chapel.

Every action or summary claim to recover compensation for the damage caused to any church or chapel by any of the offences in this Act mentioned, shall be brought in the name of the rector, vicar, or curate of such church or chapel; or in case there be no rector, vicar, or curate, then in the names of the church or chapel wardens, if there be any such; and if not, in the name or names of any one or more of the persons in whom the property of such chapel may be vested; and the amount recovered in any such case shall be applied in the rebuilding or repairing of such church or chapel. Id. s. 11.

Proceedings against the Hundred, where the Damage is in a City, Town, &c.

How, and before what justices, &c.] Where any of the offences in this Act mentioned shall be committed in a county of a city or town, or in any liberty, franchise, city, town, or place, the inhabitants thereof shall be liable to yield compensation in the same manner, and under the same conditions and restrictions in all respects, as the inhabitants of the hundred; and every thing in this Act in anywise relating to a hundred, or to the inhabitants thereof, shall equally apply to every county of a city or town, and to every such liberty, franchise, city, town,

and place, and to the inhabitants thereof; and where the justices of the peace of the county, riding, or division are excluded from holding jurisdiction in any such liberty, franchise, city, town, or place, in every such case, all the powers, authorities, and duties by this Act given to or imposed on such justices, shall be exercised and performed by the justices of the peace of the liberty, franchise, city, town, or place in which the offence shall be committed; and where the offence shall be committed in a county of a city or town, all the like powers, authorities, and duties shall be exercised and performed by the justices of the peace of such county of a city or town; and in every summary claim to be preferred under this Act against the inhabitants of a county of a city or town, or of any such liberty, franchise, city, town, or place, the notice required shall be served upon some one peace-officer of such county, liberty, franchise, city, town or place; and all matters which by this Act the high constable of a hundred is authorized or required to do in either of such cases, shall be done by the peace-officer so served, who shall have the same powers, rights, and remedies as such high constable has by virtue of this Act, and shall be subject to the same liabilities; and shall, notwithstanding the expiration of his office, continue to act for all the purposes of this Act until the termination of all proceedings in and consequent upon such action or claim; but if he shall die before such termination, his successor shall act in his stead. Id. s. 12.

Justices' order, and how directed.] In such liberties, franchises, cities, towns, and places as contribute to the payment of the county rate, but not being part of any hundred, every order of justices for payment to the party damnified, by virtue of this Act, shall be directed to the treasurer of the county, riding, or division in which such liberty, franchise, city, town, or place shall be situate, who is hereby required to pay the same; and the justices of the peace of such county, &c., at their next general or quarter sessions of the peace, or any adjournment thereof, shall direct such sum or sums of money as shall have been so paid or ordered to be paid by the treasurer, to be raised on such liberty, franchise, city, town, or place, over and above the general rate to be paid by the same in common with the rest of the county, &c., under the Acts relating to county rates, and paid over to the treasurer. Id. s. 14.

And in counties of cities and towns, and in such liberties, franchises, cities, towns, and places as do not contribute to the payment of the general county rate, all sums of money payable by virtue of any order arising out of any summary claim against the inhabitants of any county of a city or town, or of any such liberty, franchise, city, town, or place, shall be paid

out of the rate, (if any) in the nature of a county rate, or out of any fund applicable to similar purposes, where there is such a rate or fund therein, by the treasurer or other officer having the collection or disbursement of such rate or fund; and where there is no such rate or fund in such county, liberty, franchise, city, town, or place, the same shall be paid out of the rate or fund for the relief of the poor of the particular parish, township, district, or precinct therein, where the offence was com.. mitted, by the overseers or other officers having the collection or disbursement of such last-mentioned rate or fund; and in every such case the warrant and orders shall be directed and delivered to such treasurer, overseers, or other officers respectively, instead of the treasurer of the county, riding, or division. Id. s. 15.

HUSBAND AND WIFE.

Their liability for crime.] If the husband be present at the time his wife commits a felony (except murder and robbery), the law presumes that the wife acts under the coercion of her husband, excuses her, and punishes the husband only. 1 Hawk. c. 1, 8. 2. But if she commit it in his absence, even although it be proved that he incited her to it, she is as amenable to punishment as if she were a feme sole. 1 Hale, 45. Staundf. 26. So if a wife commit treason, murder, or robbery, even in the company of her husband, the law, on account of the odiousness and dangerous consequences of these crimes, will not excuse her. 1 Hawk. c. 1, s. 9, 1 Hale, 47. So if a wife commit an offence under felony, even in company of her husband, she is liable to punishment, as if she were not married. 1 Hawk. c. 1, s. 13; but see R. v. Price, 8 Car. & P. 19 semb. cont. So, she and her husband, or she alone, may be indicted for keeping a disorderly house, 1 Hawk. c. 1, s. 12, or gaminghouse, R. v. Dixon and Wife, 10 Mod. 335, or for forcible entry, Dalt. 126, riot, conspiracy, &c. But a wife cannot be charged with having conspired with her husband alone; for conspiracy must be between two persons at least, and husband and wife are but one person in law. 1 Hawk. c. 72, s. 8. Nor is she deemed accessary after the fact, in receiving her husband, although she may know at the time of his having committed a felony; for she is in his power, and is obliged to receive him. 1 Hale, 47.

A woman, also, can never be deemed guilty of stealing the goods of her husband, 1 Hale, 514. 1 Hawk. c. 33, s. 19, or of her husband and others, R. v. Willis, Ry. & M. 375, unless she

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