officers generally, pay the fee of 13 s. 4 a. upon the finding of the jury of a flight and no goods; without a finding of a neglect of hue and cry; which is a faving to parishes. Umfrev. 261. in not. Provided that no coroner of the king's household, and of the verge of the king's palaces, nor any coroner of the admiralty, nor of the county palatine of Durham, nor of the city of London and borough of Southwark, nor any of the franchifes belonging to the faid city, nor any coroner of any city, borough, liberty, or franchise which is not contributing to the rate directed by 12 Geo. 2. c. 29. or within which fuch rates have not been ufually affeffed, fhall be entitled to any fee, recompence, or benefit given to or provided for coroners by this act; but they fhell have fuch fee and falaries as they were allowed before this act, or as shall be allowed by the perfons by whom they have been appointed. fect. 5. 4. The coroners of franchifes, who do not contribute to the county-rates, are not entitled to the fees given by ftat. 25 Geo. 2. c. 29. or to any fees to be paid by the county. Rex v. The Juftices of the Weft Riding of Yorkshire, 7 Term Rep. 52. 5. If the coroner request the feffions to make an order for his fees, and they refufe, he mag apply for a mandamus, but he must allege in the writ all those facts which are necessary to shew that he was entitled to the relief prayed, and that he had a right to call on the magiftrates to do that for their non-performance of which he sued out this compulfory writ. Ib. (B) By Officers in Court. Detainers of the Body 13 Vin. 149. till paid, juftifiable in what Cafes.. ON Na motion against the warden of the Fleet it was held, that if an habeas corpus is brought he muft obey it, though the party refuses to pay his fees, for he has a remedy for them. Hopman v. Barber, 2 Stra. 814. See ante, (A) pl. 2. (A. 2) pl. 3. See Vin. Gaoler (C) (D) Warden of the Fleet (B). (C) In Courts. [Marshall, &c.] See ante, (A. 3) pl. 5. 13 Vin.149. (D) Punishment for taking more than ufual Fees. 13Vin. 151. See Coroner, ante Extortion. 13 Vin. 152. (D. 2) In what Cafes they may not infift, and Punishment of Officers infifting on prompt Payment, before they will do the Duty of their Office, 13 Vin. 154. 13 Vin. 154. See ante (B) and the references there. (G) Actions and Pleadings for Actions for Fees. 1. PLAINTIFF, as principal, having a remedy against deputy by covenant to account, cannot bring affumpfit for money had and received, the firft being a remedy of an higher nature. Bulfrode v. Gilburn, 2 Str. 1027. 2. A phyfician cannot maintain an action for his fees. Chorley v. Bolcott, Executor, 4 Term Rep. 317. 3. Nor a barrister. Semb. ib. 3 Blackft. Com. 28. 4. An action for money had and received to recover fees, has always been confidered as being substituted in the place of an affize. Per Lord Kenyon, C. J. Bayter v. Dodsworth, 6 Terms Rep. 683. 5. Money given to A. for fhewing the church, and claimed by B. the fexton, as a perquifite of his office, cannot be recovered in an action for money had and received, unless fuch perquifites be known and accustomed fees, fince otherwise it is a mere gratuity which the giver might withhold, and for which no affize will lie. Boyter v. Dodsworth. Ib. L (H) Actions fot Fees in what Court.、 IBEL in the fpiritual court for proctor's fees. And a prohibition was granted: for by the court, where there is remedy at law, the fpiritual court ought not to proceed; and this cafe depends upon a contract and retainer, which is triable at law. Davies v. Williams, Bunb. 170. Vide Prohibition (F). For more of the head of Fees, fee under the titles of the feveral officers. Feigned Adions, [G] (A) Feigned Action, or Iffue, in what Cases. T For more concerning feigned iffues, vide Suppl. tit. Cofts, (A. 2) 13 Vin.155. Felo be fe. [G] (E) Inquifition, by whom, and how to be taken. 13 Vin.157 A Felony under Colour of Law. 1. AT the Old Bailey, in May Seffions 1772, two perfons were convicted of stealing fix pair of filk ftockings: but a doubt arifing whether the offence was not rather a fraud than a felony, the judgment was refpited, and the queftion referred to the confideration [G] 13 Vin, 158. See alfo Ma cafe, fame confideration of the judges on the following cafe; which stated, that S. G., one of the prifoners, in the character of fervant to 7. S. (the other prisoner) left a note at the fhop of the profecutor, defiring that he would fend an affortment of filk stockings to his master's lodgings; the profecutor took a variety of filk ftockings according to the direction; S. G. opened the door to him, and introduced him into a parlour, where 7. S. was fitting in a dreffing-gown, his hair juft dreffed, and rather more powder all over his face than there was any neceffity for; the wares being opened, 7. S. looked out fix pair, the price of which the profe cutor told him was 14 s. a-pair: 7. S. then defired the profecutor to fetch fome filk pieces for breeches and fome black filk stockings with French clocks; the profecutor hung the fix pair of stockings, which 7. S. had looked out, on the back of the chair, and went home for the other goods; but no pofitive agreement had taken place respecting the ftockings. During the profecutor's abfence, both the prisoners decamped with the fix pair of stockings, which were proved to have been afterwards pawned by J. S. and one D. an accomplice in fome other tranfactions of the fame kind. The Judges were of opinion, that the conviction was right; for the whole of the prifoner's conduct manifested an original and preconceived defign to obtain a tortious poffeffion of the property. The verdict of the jury imports, that in their belief the evil intention preceded the leaving of the goods; but, independent of their verdict, there does not appear a fufficient delivery to change the poffeffion. Sharplefs and Greatrix's Cafe, Leach's Caf. in Crown Law, 2d edit. 88. 2. If a man obtaining a horse under the pretence of hiring it jor Semple's to go to a particular place and back again, instead of purbook, p. 327. fuing his journey, goes into the market, and fells the horfe, and Charle- he is guilty of felony, if the jury find the hiring to be animo wood's cafe, furandi. Pear's Cafe, Old Bailey, in September session 1779. Ib. 189. and the cafes there cited. ibid. 317. and the King v. Aickles, ibid. 239. and Wilkins' cafe, ibid. 417. Vide alfo 1 Hawk. pl. 6. c 33. f. 5. [D] 13 Vin. 159. I. Feme. (A) Capable of what. ANNE, countess of Pembroke, Dorfet, and Montgomery, had the office of hereditary fheriff of Westmorland, and exercifed it in perfon. At the afflizes of Appleby the fat with the judges on the bench. Harg. n. Co. Litt. 326. 2. A woman may be appointed overfeer of the poor. Rex v. A. Stubbs, 2 Term Rep. 395. 3. There are many inftances wherein officers of an higher nature (i. e. than overfeers of the poor) women are held not to be difqualified, as in the cafe of the office of high chamberlain, high conftable, and marshal, and that of a common conftable, which is both an office of truft, and likewise in a degree judicial. Per Afbhurf, J. Ib. 406. Note, the cafe of Olave v. Ingram, reported 13 Vin. 159. is better reported 2 Stra. 1114., the reporter then being of counfel in the cause. (B) Feme fole Merchant; who is, and of her being 13Vin. 250. a separate Trader in general. 1. ACTION brought in B. R. by plaintiff, then a widow, for goods fold and delivered by her while covert, fhe being a fole trader within the city of London, and a nonfuit entered, for the right claimed by the wife only arifes by the custom of London, of which the fuperior courts can take no notice in the action; and therefore the action fhould have been brought by the reprefentatives of the husband. Cundell v. Shawe, 4 Term Rep. B. R. 361. 2. Where a feme fole trader gave a bond and warrant of attorney to enter up judgment in B. R. on which the plaintiff afterwards took out execution, the court fet the judgment afide, as entered up without authority, on the motion of the affignees of the wife, (who had become bankrupt) with the confent of the husband, which was also entered in the rule. Read v. Jewfon, 13 Geo. 3. B. R. cited per Buller, J. Ib. 362. See ante, tit. Baron and Feme, ante, I Suppl. 446. &c. Fences. (C) Actions for want of repairing Fences. 1. ACTION on the cafe against the defendant, who was owner of the fee, for not repairing the fences of a clofe, whereby the plaintiff was damaged, &c. At the trial, it appeared that another perfon was tenant in poffeffion under the defendant; wherenpon it was objected that the action did not lie against the prefent defendant. However a verdict was taken. [G] 13 Vin. 162. for |