H U. E A 
ltferabered. that in cafe of breaking open a door, there 
mufl be a frit notice given to them within of his bufmefs ; 
and a demand of entrance, and a ref'ui'al, before doors can 
be broken. 2 Hal.- P. C. 103. 
If the hue and cry be not againit a perfon certain, but 
by the defcription of his ftature, perfon, clothes, horfe, 
Sec., the hue and cry doth jullify the conftable, or other 
perfon, following it, in apprehending the perfon fo de- 
feribed, whether innocent or guilty, for that is his war¬ 
rant; it is a kind of procefs that- the law allows, (not 
ufual in other cafes,) viz. to arreft a perfon by defcription. 
2 Hal. P. C. 103. But if the hue and cry be upon a rob¬ 
bery, burglary, manf!aughter, or other felony committed, 
but the perfon that did the faft is neither known nor de- 
feribed by perfon, clothes, or the like ; yet fuch a hue and 
cry is good, and mull: be purfued, though no perfon cer¬ 
tain be named or deferibed. 2 Hal. P.C. 103. And there¬ 
fore .in this cafe', all that can be done is, for thole who 
purfue the hue and cry, to take fuch perfons as they have 
probable caufe to iufpeft; as for inftance, fuch perfons as 
are vagrants, that cannot give an account where they live, 
whence they are, or fuch fulpicious perfons as come late 
into their inn or lodgings, and give no reafonable account 
where they had been, and the like. 2 Echo. IV. c. 8. Both 
by the common-law, .as alfo by the feveral ftatutes which 
enjoin the levying of hue and cry, thofe who negleft to 
levy one, (whether officers of jultice or others,) or who 
negleft to purfue it when rightly levied, are punilhable 
by indiftfnent, and may be lined and imprifoned for fuch 
negleft. 2 Hal. P. C. 104. 
By flat. 27 Eiiz: c. 13,-it is enafted, “That the inhabi¬ 
tants and refiants of every hundred (with the franchises 
within the precinft thereof) wherein negligence, fault or 
deleft of purfuit, and frelh fuit after hue and cry made, 
lliall happen to be, lhall anfvverand fatisfy the one moiety 
of ail fuch money and damages as lhall be recovered againit 
the hundred, with the franchifes therein, in which any 
robbery or felony lhall be committed, to be recovered by 
aftion of debt, &c. by and in the name of the clerk of 
the peace for the time being, of or in every fuch county; 
and recovery by the party or parties robbed lhall be, with¬ 
out naming, the chuftian naiiTe or furname of the faid 
clei'k of the peace; which moiety fo recovered lhall be fo 
the ul'e of the inhabitants of the hundred where any fuch 
robbery, &c. lliall be committed.” 
It feems to-be admitted, that no kind of robbery will 
make the hundred liable, but that which is done openly, 
and with force and violence ; and that therefore the pri¬ 
vate Healing, or taking any thing from the party,' does not 
come within the llatutes which make the hundred liable, 
becaufe the hundred is not liable for not preventing the 
robbery, but becaufe they did not apprehend the robf rs, 
which in private felonies, and of which they had no no¬ 
tice, it would be difficult, if not impollible, for them to 
do. 2 Salk. 614. Alfo it has been adjudged,. and is ad¬ 
mitted, in all the books which (peak of this matter, that a 
robbery in a houfe, whether it be by day or by night, 
does not make the hundred liable. The reafons whereof 
are, that every man's houfe is in law elteemed his caftle, 
which he himielf is obliged to defend, and.into which no 
man can enter; to fee what is doing there, without his 
leave ; alio, being done in a home, the inhabitants of the 
hundred cannot be prefumed to have notice of it, fo as 
to be able to apprehend the offenders. 7 Co. 6. Sendil's cafe. 
But if a. perfon be alfaulted in the highway, and car¬ 
ried into a houfe, and there robbed, it feems the hundred 
lliall be liable; for otherwile the provifion made-by the 
dl-atute woulc| be eluded. 1 Salk. 614. Alfo it does not 
feem neceffary, that the robbery lliould be committed hi 
the highway, nor alleged to have been fo by the plaintiff 
in Ms declaration. 7 Mod. 159. It may be in a -private 
way, or in a coppice; and in both cafes the hundred'lhall 
be chargeable. 2 Salk. 614. It is clearly agreed that for a 
robbery committed in the night the hundred is not charge¬ 
able, becaufe they cannot be prefumed to have notice 
N D C R Y. ' 443 
thereof, fo as to beable to apprehend the robbers. 2 Lift. 569. 
But yet it is not neceffary, that the robbery lhould be com¬ 
mitted after fun-rife, or before 'fun-fet; for if there be as 
much day-light at the time, that a man’s countenance 
may be difeerned thereby, though it he before fun-rife or 
after fun-fet, the hundred lliall be liable. Cro. Jac. 106. 
It hath alfo been held, that if robbers drive or oblige the 
waggoner to drive his waggon from the highway by day, 
but do not rob or take any thing till night, that yet this 
is a robbery in the day-time fo as to charge the hundred. 
1 Sid. 263. 
If he that is robbed, after hue and cry, make no fur¬ 
ther purfuit after the robbers, aftion lies againit the hun¬ 
dred. 4 Leon. 180. The party robbed is not bound to 
purfue the robbers himielf, or to lend his horfe for that 
purpofe; but Hill has his remedy againit the hundred, if 
they are not taken ; though if any of them are taken, ei¬ 
ther within forty days after the robbery, or before the 
plaintiff recovers, the hundred is difeharged. Sid. 11. 
When a man is robbed on a Sunday, on which day per¬ 
fons are fuppofed to be at church, and none ought to tra¬ 
vel, the hundred is not liable.. ^7 Eliz. c. 13. But where a 
robbery is done on a Sunday, though the hundred is not 
chargeable,liueand cry lhall be made by Hat. 29 Car. II. c. 7. 
And if a perfon be robbed going to church in a country 
town or village, on a Sunday, which is a religious duty 
required by law, it has been held an aftion lies againil the 
hundred; but not if one be robbed on that day in travel¬ 
ling for pleafure, &c. which is prohibited by llatute. 
6 Geo. I. C. B. per King, chief jultice. And it was for¬ 
merly ruled by three judges on the Hat. of Winton, where 
a man was robbed on a Sunday, in time of divine lervice, 
and made hue and cry, that the hundred lhould be charged 5 
for many perlons are necellitated to travel on this day; as 
phyficians, &c. a Nelf. Abr. 937; A robbery mult be an 
open robbery, that the country may take notice of it, to 
make the hundred anfwerable. 7 Rep. 6. 
A man is let upon and alfaulted by robbers in one hun¬ 
dred, and carried into a wood, &c. in another hundred, 
near the highway, and there robbed: the aftion Avail be 
brought againil the hundred where the robbery was done, 
as particularly exprelfed in the llatute, and not the hun- 
died where the man was taken or alfaulted ; becaule the 
alfault is not tile efficient caufe of the robbery, as a ftroke 
is the caufe of murder. 2 Salk. 614. But where goods are 
taken from a man in one hundred, and opened in another; 
where they are firfl taken or feized, they are ftole.n, and the 
robbery is committed. 2 Lill. Abr. 27. By llat. 8 Geo. II. c. 16, 
no procefs for appearance is to be ferved againH the hun¬ 
dred, for a robbery committed, but on the high conltabie, 
who lhall give notice of it in one of the principal market- 
towns, and then enter an appearance, and defend the ac¬ 
tion. By fl.it. 22 GeO. II. c. 24, no perfon lhall recover 
on any of the llatutes of hue and. cry above two hundred 
pounds, unlefs the perfon or perfons fo robbed lhall at the 
time cf fuch robbery be together in company, and be in 
number taso- at the leafl, to atteft the truth of his or their 
being fo fobbed- And by flat. 30 Geo. II. c. 3, and 
4 Geo. III. c. 2, no receiver general of the land-tax, or 
his agents, can fue the hundred for a robbery, unlefs the 
perfons carrying the money be three in company. 
Where a robbery is done on the highway in the day¬ 
time, notice is to be given of it, with convenient fpeed, 
to fome of the inhabitants of the next village, to the in¬ 
tent that they may make hue and cry for the apprehend¬ 
ing -of the robbers, or no aftion will lie againH the hun¬ 
dred ; and if any of the robbers are taken within forty 
days, and convifted, the hundred lhall be excufed. 
If a fervant be robbed, in the a,bfence of his mailer, of 
his mafler’s money, it is clear that the mafler may main¬ 
tain an aftion for it.againfl the hundred, but then the.fer¬ 
vant mull make oath that he knew not any of the rob¬ 
bers. Cro. Car. 37. Alfo the fervant, being robbed in Ms 
mafler's abfence, may himielf maintain an aftion againit 
the hundred, and may declare that he was poffeiTed ut 
bants 
