case the king against cross a feme covert may be convict on the Geo c for sell  gin without make her husband a party SC stram the defendant be convict by the  name and addition of mary Crofts dealer in spirituous liquor and wife of John  Crofts victualler c for that she of her own voluntary act sell gin contrary to  the statute Geo c c modern Bootle sergeant take a exception that the defendant  husband be no party to the conviction as he ought to have be for it shall be  presume that she sell the gin for the benefit of the husband and the  punishment be pecuniary and not corporal she can comply with the penalty  design by the Act if a wife do modern er p a illegal act in sell anything it  be for her husband benefit and therefore he must be make a party to the  indictment keb king v jordan side king v venner keb a Mr solicitor general  contra there have be a great number of femes covert convict upon this Act and  upon nonpayment of the penalty have undergo the discipline of a house of  correction the law indulge a woman only where she commit a offence or theft in  company with her husband but not where she do it by his command unless he be  actual in her company this have be hold in a great number of case Lord coke  Inst and in hale h pi Cr small edition and transcribe into hawk pi Cr vol p b  it be say that where a wife can offend alone the husband shall not be include  and the defendant be call the wife of John Crofts victualler do not imply her  husband coercion she be summon c and the court will not intend that she be  convict by the justice without be admit to make a full defence the word of the  conviction be that she do it voluntary which exclude the presumption of the  husband coercion in the case cite by Mr Bootle no judgement be give and it be  blind and lame report if the wife be indict for a scold the husband need not  be a party Mod hawk pi Cr vol p c a marry woman may be indict alone for a  forcible entry if the wife sell gin and the husband will not pay the penalty  must be go to Bridewell for his wife so that in this case there be a corporal  as well as a pecuniary punishment lee chief justice there be no doubt but that  the word of the statute be sufficient to include the defendant for the word be  very general the defendant must be consider as a person who have sell  spirituous liquor the objection be that the defendant be a marry woman the  husband ought to be join I do not know of any case where there be a  prosecution against a feme covert for a crime upon the breach of a Act for  which there be a pecuniary penalty inflict and for default of payment corporal  punishment that the husband be liable suppose she be compel by her husband it  be his act and be be liable to the penalty of the statute and that will have  be the wife defence before the justice there be several case like this upon  the statute Elizabeth that subject a person to a penalty for not go to church  whereupon a wife may be proceed against alone forster case   Bulst roll Rep d  dr Hussey caseHob e modern though it be say that a feme covert can pay damage  and law non think ad impossible and powerless excuse law yet as she be as  capable of forbear the crime forbid as a man those maxim do not extend to this  case accord to the reason in Hussey case the case in siderfin and Keble be no  determination at all and the authority in coke and Hobart govern this case if  the husband be no party to the crime it will be a odd construction to make he  a party to the conviction page justice a feme covert be indict alone for keep  a disorderly house in Essexstreet and though it be object that the husband  ought to be a party because of his power over her yet as it do not appear to  be by her husband coercion it be hold in the case of the king v Dixon Mod a in  Lord holt time that she be indictable alone and as this conviction be say to  be upon the wife voluntary act of sell the gin it can never be intend to have  be by the command of the husband probin justice absent near sickness chapel  justice the case of the king v jordan keb Leon b be unsupported by any  authority of the like nature and seem to be upon a compromise for the  judgement be stay and no judgement give in that matter in the case of the king  v venner side c the wife be name spinster alias diet and no judgement that the  wife be not liable but that she may not be guilty of convert so that neither  of these case be of authority to lead the court in this question the question  seem to be whether the offence be of such a nature as a marry woman may be  guilty of modern er p though the advantage of a contract be the husband yet it  be the intent of the Act to prevent the sell of spirituous liquor in private  place to the detriment of the revenue and the increase of immorality the wife  may be indict for keep a bawdyhouse salk hawk p c ch S d it do not appear but  that she may not be a marry woman at the time of sell the gin but only at the  time of the conviction for her character as a wife be append only by way of  addition the penalty can be recover against the husband by make he party but  the wife in this case may suffer the corporal punishment without make the  husband a party though upon the wife recusancy the husband land in her right  be liable cro James e the utility of the statute will be lose if marry woman  may by this mean escape the penalty of it page justice accord to sir Edward  coke a marry woman may be imprison for not take the oath see also king v Ellen  tailor easter term Geo where a marry woman be commit to the house of  correction for not perform a order for the maintenance of a bastardchild bad  before marriage and hold good burr f