justices of the county, to be applied to the use of the count where the offence shall be committed; and shall commit the offender to gaol until the same shall be paid. And further, if it appear to the county court by the verdict of the petit jury, that the offender altered, lessened, or shortened his or her steelyards, weights or measures, or caused the same to be done, or used such steelyards, weights or measures, knowingly, af. ter they were so altered, lessened or shortened, with an intent to defraud any person; in such case the court shall, besides, and notwithstanding the said fine, sentence such offender to stand publicly, during the sitting of the court, two hours in the pillory, with his offence written over his or her head: Any law, custom, or usage to the contrary, notwithstanding.

The naval officer of each and every port within this government, shall affix up, in a public part of his office, and there constantly keep affixed, an advertisement of the law, that traders coming into this government, may have notice thereof, upon pain of forfeiting five shillings, for every twenty-four hours the same shall be neglected; to be recovered by any person who shall sue for the same, and applied, one half to the informer, and the other half to the use of the said county.

The justices of every county respectively, shall have power to take and receive into their custody, all such weights and measures as have been already provided by their respective county or parish, and shall also demand and receive from all and every person or persons whatsoever, all such sums of money as have been already raised to purchase such weights and measures, and dispose of and apply the same, according to the directions of this law.

By act of 1779. c. 10. if any person shall sell and deliver any kind of grain, salt or other article, in a less measure than the standard established by law, such person shall forfeit for each offence the sum of £500 (10 by the scale) to the use of the person suing for the same.

WIDOWS.

The widow of any intestate may at the same court when letters of administration are granted, petition the said court to appoint one justice of the peace and three freeholders, unconnected with the said widow; whose duty it shall be to view the estate of such intestate, and to allot and point out such part of the crop, stock, and provisions as they may conceive necessary and adequate for the support of the widow and fami

Ay for the space of one year; and under their hands and seals. make returns to the next succeeding court, of the quantity and articles by them laid off, and allotted to the widow and family; having first taken an oath, that they will faithfully and impartially, to the best of their knowledge and ability, give and apportion to said widow and family, so much or such part of the crop, stock and provisions as they may deem necessa ry for the support of the widow and family for one year and

no more.

Such apportionment or allotment shall vest in the said wid ow an absolute right therein to her own use and the use of her children, where there may be children; but shall nevertheless be returned in the inventory of said estate by the administrator therein notifying that the same has been allowed and given the widow for her support; which notification and return of the person so appointed by the said court, shall exonerate such administrator from being accountable for the same, either to the claimants upon the estate of the deceased or creditors, and shall not be considered as assets in their hands for which they shall be liable or accountable; and that the said part or portion of the estate so given to the widow shall not debar her from the distributive share now allowed by law. -Acts 1796. c. 29.

In all cases where a person dies intestate, leaving a widow who shall petition for her year's provision according to the laws now in force, the commissioners to be appointed, shall inquire whether there is on hand, a crop, stock, and provisions, out of which a sufficient provision can be made for the widow for one year, and if so, shall allot to the widow thereout a provision for one year; and if there shall be no crop, stock, or provisions, or not a sufficiency to afford such allowance, the commissioners, shall proceed to estimate the value of a year's provision for the said widow and family, and make return under their hands and seals of the said estimate to the next court of pleas and quarter sessions, whereupon it shall be the duty of the court to decree that the same be paid by the administrator, who shall be allowed the same in the settlement of his account, and may plead the same or give it in evidence under the plea of fully administered,' to any claim which may be brought against him; and such sum shall not be taken into account so as to bar the widow of any part of her distributive share.-1813. c. 14.

(

WIFE.

A wife cannot be guilty of a felony in taking her husband's goods; and if she delivers them to a stranger it is no felony in the stranger.

A married woman by her own act in person, may commit a forcible entry or detainer, and she may be punished for so doing as others may; but the fine set upon her for so doing, shall not be levied upon the husband; for he shall never be charg ed for the act or default of his wife, but when made a party to the action, and judgment given against both.

If the wife, without the husband, be indicted for any trespass, riot, or any other wrong indictable, she shall answer, and bẹ party to the judgment only, and the fine set upon her shall not be levied upon the husband-after the husband's death such fine shall be levied upon herself-and as for imprisonment, or other corporeal pain, it shall be inflicted upon the wife only, and not upon the husband for her fault.

A wife cannot be bound herself in recognizance but by her sureties.

If a wife incur the forfeiture of a penal statute or act of as sembly, the husband may be made a party to an action or information for the same, and he shall be liable to answer what shall be recovered therein.

A prosecution for conspiracy, is not maintainable against husband and wife, because they are esteemed but as one person one in law.

See Accessory, Feme Covert, Women, Behaviours

WILLS

No person shall be capable of disposing of chattels by will, until he or she shall have attained the age of eighteen years. This act shall be in force from and after the passage thereof.→ 1811. ch. 27.

To dispose of real estate by will, the testator must be twent ty-one years of age.

See Executors and Administrators.

WITNESSES.

Every witness summoned to appear in court and give evi dence, who shall fail therein, shall forfeit and pay to the par

at whose instance the subpoena issued, the sum of £20 and shall be further liable to the action of such party for dam ages.

During the attendance of any person summoned as a witness & during his travel to & from the place of such attendance, allowing one day for every 30 miles, he is privileged from the service of any writ or other process, except for treason, felony, rescous, breach of the peace, or upon an escape out of prison or custody, or a subpoena. Any witness who shall have failed to appear, on making satisfactory proof to the suc ceeding court, that he or she was by some unavoidable accident or other cause prevented from attending, whereby the court may exempt such witness from the forfeiture, such witmess so exonerated shall not be subjected to any costs that may have accrued. And every witness for the state, whose for feiture for non-attendance shall be remitted by the court, shall be wholly exempt from all costs.

Witnesses are entitled, in civil and criminal cases, for ate tending the superior courts each day, and for every 30 miles travelling to and from said courts, if in their own county six shillings, if out of their county, ten shillings-and for attending the courts of pleas and quarter sessions, eight shillings for every 30 miles travelling to and from court, and four shillings for each day's attendance on court.

In civil cases, the witness may either demand and by war rant recover of and from the party at whose instance he shall have been summoned, after each and every court, the amount of his pay then due according to the clerk's certificate, or he may wait till the cause be finally disposed of and then file his certificates of attendance, to be collected by execution from the party cast.

*

Where witnesses are required to attend any commissioners, referees or order of survey, a summons shall be issued by the clerk of the court, at the request of either party, or their agent, expressing the day and place where they are to appear, the names of the parties to the suit, and in whose hehalf summoned. And all witnesses so summoned, shall be entitled to the same privileges, and receive the same pay for their attendance, and be subjected to the same pains and penalties for non-attendance, as witnesses summoned to attend the courts of pleas and quarter sessions.

In all state prosecutions, where the state shall be liable for the costs, whether in the superior or county courts, such costs are to be discharged out of the fund provided for that purposę

and paid into the hands of the county trustees for which Taxes for County Uses.

See Evidence, Depositions, Debt and Debtar

WOMEN.

If any person shall for lucre take any woman, maid, widow or wife, having substance either in goods or lands, or being heir apparent to her ancestors, contrary to her will; and after wards she be married to such misdoer, or by his consent to others, or defiled, such person, and all his accessories, shall be deemed principak felons; and the benefit of clergy is taken away from all such felons, except accessories after the offence 2 H. 7. ch. 2. 30 Eliz. ch, 9.

that

The indictment must allege, that the taking was for lucre, for such are the words of the statute. 2. In order to shew this, it must appear that the woman has substance, either rea! or personal, or is an heir apparent. 3. It must appear she was taken away against her will. 4. It must also appear that she was afterwards married, or defiled-and though pos sibly the marriage or defilement might be by her subsequent consent, being won thereunto by flatteries of the taker, yet this is felony if the first taking were against her will. And so, vice versa, if the woman be originally taken away with her own consent, yet if she afterwards refuses to continue with the of fender, and be forced against her will, she may from that time, as properly be said to be taken against her will as if she never had given any consent at all; for till the force was put upon her she was in her own power. 5. It is held that a woman thus taken away and married, may be sworn and give evidence, against the offender, though he is her husband de facto, con trary to the general rule of law; because he is no husband de jure, in case the actual marriage was also against her will. In cases indeed where the actual marriage is good, by consent, of the inveigled woman, obtained after her forcible abduction, Sir Matth. Hale seems to question how far her evidence should be allowed-but other authorities seem to agree, that it should even then be admitted; esteeming it absurd, that the offender should thus take advantage of his own wrong, and that the very act of marriage, which is a principle ingredient of his crime, should (by a forcible construction of law) be made use of to stop the mouth of the most material witness against him. If any person above the age of fourteen, unlawfully shall convey or take away, any woman child unmarried (which is