
    Guardians of the Poor against Roberts.
    , Thursday, April 1.
    The Court cannot, under a warrant of seizure against a husband for the maintenance of his wife and shildren, order the sale of stock held by the wife as administratrix.
    Certiorari.
    BY the return to the certiorari issued in this case to the Mayor’s Court for the city and county of Philadelphia, it ap-' peared, that a warrant was granted by two aldermen, reciting, that the defendant, Eli Roberts, had, without reasonable cause> separated himself from his wife, Sarah, and deserted her two children, leaving them a charge, &c. and command-ing the guardians of the poor to seize the goods of the said Eli ^°^ertsito the value of 2,000 dollars, and receive the annual rents and profits of his lands, for providing for his said wife, and maintaining and bringing up the said children. They, returned to the Court, that they had seized as follows:— “ Twenty shares of bank stock in the name of Sarah Sherer, administratrix of Henry Sherer deceased.” Sarah Sherer was the wife of Eli Roberts. The Mayor’s Court confirmed the proceedings, and ordered the property to be sold, to the va* lue of 2,000 dollars, for providing for the wife, and maintaining and bringing up the children.
    
      S. Chew, for the defendant,
    contended, that summary proceedings of this kind were to be construed strictly. 2 Yeates, 104. Salk. 475. 2 Dall. 114; and that the shares being held by the wife en autre droit, the marriage was no gift of them to the husband ; for which he cited Co. Litt. 351, b. and that the order to sell was erroneous.
    Ewing, contra.
   By The Court.

The proceedings cannot be supported. It appears that property has been seized belonging to the Wife etl autre droit.

Proceedings quashed.

V.  