case HARWOODS case the court of alderman in London may impose a reasonable  fine on a person for marry a city orphan without their consent although he be  not a freeman and the marriage be out of the city and on refusal to pay the  fine to the court may commit the offender c ante S C keb S C vent S C lev S C  Tremain lev lev Ch Rep roll Rep   light Mod Mod Mod Abr Eq pale yellow Eq Rep  case tempt Talb stram Peer wms Peer wms Peer wms Harwood be remove out of  London by habeas corpus the return be that he be fine and commit there for  marry a cityorphan without the consent of the court of alderman first  exception they do not say that the party be a citizen or that the marriage be  within the city and they be not bind to take notice of a cityorphan out of the  ei for their custom extend only to citizen in the city your second exception  they have not show that we have reasonable time to show cause why we shall not  be fine Twisden justice these objection be overrule in Mr Waller case  afterward in the same term Weston speak to it there be two matter upon which  the validity of this return do depend videlicet the custom and the offence  within the custom first the custom be lie that time out of mind the court of  alderman have have power to set a reasonable fine upon such as shall marry a  orphan without their leave and upon refusal to pay it to imprison he I  conceive this custom as it be lie to be unreasonable it ought to be local  circumscribe and confine to the city Edward there be a action bring upon the  statute of labourer for retain one that be the plaintiff retain servant the  defendant plead in abatement that there be no place lie where the plaintiff  retainer be and this modern er p be hold a good plea for modern that if it be  in another county than where the defendant retain he it be impossible for the  defendant to take notice of a retainer in another county no more can we take  notice who be a cityorphan in the county of ken second they have return a  custom to imprison general but it shall have be that without reasonable cause  show they may imprison and the party have liberty to show cause to the c  ntrary three I conceive they have return the fact as defective as the custom  they say that he marry her without their consent they ought to have say that  he take her out of their custody and your lordship will not intend that she be  in their custody when she be out of the city Offley of the same side and cite  Edward Fitzherbert Guard more v Hussey hob the weaver company v brown cro  Elizabeth dean case cro Elizabeth Lander v brook cro car in all the case it be  return that they be freeman of the city Mr solicitor north on the same side  cite day v savage more Hobart Mr attorneygeneral on the other side say that  because it be impossible to give notice to all therefore ex necessitate rei  they must take notice at their peril hale chief justice the city have a  interest in the orphan wherever the orphan be a roll Rep side vent vern a and  for notice he may inquire there be no impossibility of his come to the  knowledge whether she be a orphan or no therefore if he take her he take her  at his peril Twisden justice and for the fine such a fine be set in Langhams  case and adjudge good b march b let a citizen of London live where be will his  child shall be orphan hale chief justice some thing be local in themselves  some thing adherent to the person and follow the person now this be a interest  which follow the person and be transmit to his child and the party must take  notice of it at his peril