who fues as aforefaid, to demand and have of and from the faid Thomas for our faid lord the king and for the faid John, who fues as aforefaid, the faid fum of two hundred pounds fo forfeited as laft aforefaid, other parcel of the faid fix thoufand pounds above demanded. [7th Count, did offer and expofe to fale a quantity, that 7th Count. is to fay, one quarter of a yard of cambrick, then and there being part of one remnant of cambrick, made and fabricated in Great Britain, after the faid twenty-ninth day of September 1767, and which remnant was not marked or ftamped at one end thereof, in manner by the faid laft-mentioned act of parliament directed, contrary, &c. 8th Count, had in his cuftody for the purpofe of 8th and 9th felling the fame, one other entire piece "remnant" of cambrick, made and fabricated in Great Britain, after the faid twenty-ninth day of September 1767, and which had "was" not been marked or ftamped at both ends, "one end" thereof, in manner as by the Counts. faid laft-mentioned act of parliament directed: And the said John, 10th and 11th who fues as aforefaid, in fact further faith, that the faid Thomas Counts. after the twenty-ninth of September 1767, and before the exhibiting of the bill of the faid John, who fues as aforefaid, against him the faid Thomas, to wit, on the fourth day of Auguft 1786 aforefaid, at Weftminfter aforefaid, did fell, to wit, to the faid Ann Larkin, a quantity, to wit, one quarter of a yard of goods of the kind ufually called or known, or under the denomination of cambrick then and there "being" partof an entire piece "a remnant" of fuch goods made and fabricated in Great Britain fince the faid twenty-ninth of September 1767, and which bad" remnant was" not been marked or stamped at both ends "one end" thereof in manner by the faid last-mentioned act of parliament directed, contrary, &c. [12th and 13th Counts like 12th and 13th the 10th and 11th, with fimilar variations, but for offering and expofing to fale inftead of "felling," and not faying to whom. 14th 14th and 15th and 15th, had in his cuftody, for the purpofe of felling the fame, Counts. one other entire piece "remnant" of goods of the kind usually called or known by or under the denomination of cambrick, made and fabricated in Great Britain fince the faid twenty-ninth of September 1767, and which had "was" not been marked or stamped at both ends one end" thereof, in manner by the said last-mentioned act of parliament directed, contrary, &c. The declaration contained fifteen other Counts on a fecond offence, which differed from the fifteen first, only in the date, with common conclufion in qui tam actions. I apprehend nobody can fue for thefe penalties but the attorney-general, advocate-general, or fome officer of the cuf toms. G. WOOD. Counts. TOLLEMACHE against LALHAM. On looking into the act of the 2d Geo.3. c. 19. by which a profecutor for penalties under the game laws is entitled to recover the sobole of them to his own ufe; it appears that he is only empowered to Opinion on the fue for them in his majesty's courts at game act, plaint Westminster, fo that the action at the fuit levied in coun of the profecutor alone will lie only in one of record af T 3 of Kingston. Declaration qui cord of King. fton-upon partridge. of the courts at Westminster Hall; there are put into the declaration for penalties of five pounds each, to amount to the fum of fifty pounds. The gun and the dog can take but two apiece, viz. one for keep ng, and another for using each of them, unless by a variation of dates. It fhould be observed alfo, that the action under 8. Geo. 1. must be brought be. fore the end of the next term after the offence committed; you must, therefore, fpecify the parish where the offences were committed (which, if in different parishes, cannot be joined toge ther) the number of counts I muft infert, in cafe a new plaint is levied, the dates which must precede the plaint, and yet be within the limitations of the fta tute, and what defcription of dog the defendant keeps, that is included in the aft of 5. Ann, c. 14. SAMUEL MARRYATT. (a) But thefe words mean the fuperior courts at Westminster (Moor, 509. Styles, 340.) efpecially as the act contains a provision, that "no wager or effoign fhail he allowed" which has always been conftrued as applicable only to the fuperior courts at Weftminiter. Cro. Car? 112. Hutt. 98. day of KINGSTON UPON THAMES. The honourable Wilbraham tam for the poor Tollemache, who fues as well for the poor of the parish of Richmond of the parth, in in the county of Surry, as for himfelf in this behalf, by Richard Tolthe court of re- lemache his attorney, complains of Thomas Lalham, in a plea that he render to the poor of the faid parish, and to the faid Wilbraham, who Thames, for fues as aforefaid, the fum of twenty-five pounds of lawful money ufing a gun and of Great Britain, which he owes to and unjustly detains from a dog to kill them: For that " and the faid Wilbraham further fays, that" the game, not being faid Thomas, fince the commencement of Hilary term now laft qualified. Other counts for keep- paft, to wit, on the "in the" and year of ing, &c. and ex- Our Lord 1789" aforefaid," at the parish aforefaid, in the counpoting to fale a ty aforefaid, and within the jurifdiction of this court"aforefaid," kept "used" a certain "other" engine, that is to fay, a certain "other" gun, to kill and deftroy the game of that part of Great Britain called England, he the faid Thomas not then being qualified by the laws or ftatutes of this realm, or any of them fo to do, against the form of the ftatute in fuch cafe made and provided, whereby and by force of the ftatute in fuch cafe made and provided, the faid Thomas there forfeited for his faid "laft-mentioned" offence, the "further" fum of five pounds, and thereby and by force of the ftatute in fuch cafe made and provided, an action hath accrued to the faid Wilbraham, who fues as aforefaid, to demand and have for himself and the faid poor of the faid parish, of and from the faid Thomas, the faid fum of five pounds fo forfeited as "lat" aforefaid, "other" parcel of the faid fum of twenty-five 3 Counts. and 2d ་ pounds pounds above demanded. [The 3d and 4th Counts were exactly 3d and like the fecond, except in the date of the offences, and that they Counts. were for keeping and ufing" a certain "other" lurcher to kill and deftroy the game, &c. instead of a certain engine, i. e. a certain gun.] 5th Count: And the faid Wilbraham further fays, that the 5th Count. faid Thomas, fince the commencement of Hilary term now last paft, to wit, on the day of , in the year aforefaid, at the parith aforefaid, in the county, and within the jurisdiction aforefaid, expofed to fale one partridge, the faid partridge then and there being the game of that part of Great Britain called England, and the faid Thomas not being a perfon by the laws and ftatutes of this realm, or any of them qualified in his own right to kill game, nor entitled to fuch partridge under any person fo qualified, against the form of the ftatute in fuch cafe made and provided; whereby and by force of the ftatute in fuch cafe made and provided, the faid Thomas there forfeited for his faid laft-mentioned offence the further fum of five pounds, and thereby and by force of the ftatute in fuch cafe made and provided, an action hath accrued to the faid William, who fues as aforefaid, to demand and have for himfelf and the faid poor of the faid parifh, of and from the faid Thomas, the faid fum of five pounds fo forfeited as laft aforefaid, refidue of the faid fum of twenty-five pounds above demanded; yet the faid Thomas, although often requested, hath not paid the faid fum of twenty-five pounds above demanded, or any part thereof, to the faid poor of the faid parish, or to the faid William, who fues as aforefaid, or to any of them, but to pay the fame or any part thereof hath hitherto wholly refufed, and still refufes, to the damage of the faid W. who fues as afoaefaid, of ten pounds, and therefore the faid W. as well for the faid poor of the faid parish as for himfelf in this behalf, brings fuit, &c. Pledges, &c. Notwithstanding it is defired to have the declaration conformable to the plaint, I have thought it most adviseable todeclare at the fuit of Mr. Tollemache on behalf of the parth as well as himfelf. My reafon for doing fo is, that a judgment upon this declaration would at worft be only vidable, on account of the declaration's varying from the plaint, whereas a judgment upon one at his own fuit only would be abfolutely void, inasmuch as the court could then have no jurifdiction over the cause of action, and the whole proceedings would be co1 am non judice, the confequence of which would be the officer who executed the process on it, the party SAMUEL MARRYATT, 4th 1 Debt on 23. G. all demands un Stamped. King's Bench. Trinity Term, 30. Geo. 3. MIDDLESEX, to wit. For that JOHN OAKLEY CLARKE, in debt for 240 1. the faid John O. within the space of fix months next before the commencement of this fuit, to wit, on the twenty-fecond day of December A.D. 1789, at Westminster, in the county of Middlefex, fold divers hares and partridges, to wit, two hares and two partridges, contrary to the form of the ftatute in fuch cafe made and provided; whereby and by force, &c. the faid John O. forfeited for his faid offence the fum of twenty pounds, being the fum of five pounds for each and every of the faid hares and partridges fo fold as aforefaid, and thereby and by force of the ftatutes in fuch cafe made and provided, an action hath accrued to the faid James to demand and have of and from the faid John O. the faid fum of twenty pounds fo forfeited as aforefaid, parcel of the faid fum of three hundred and forty pounds above demanded: And the faid James in fact further faith, that the faid J. O. within the fpace of fix months. next before the commencement of this fuit, to wit, on the faid twenty-fecond day of December A. D. 1789 aforefaid, at Weftminfter aforefaid, in the county aforefaid (be the faid 7. O. then and there being a poulterer) did expofe to fale divers other hares and partridges, to wit, two other hares and two other partridges, contrary to the form of the statute in fuch cafe made and provided; whereby and by force of the ftatute in fuch cafe made and provided, the faid J. O. forfeited for his faid laft-mentioned offence the fum of twenty pounds, being the fum of five pounds for each and every of the faid laft-mentioned hares and partridges, and thereby and by force of the ftatute in such case made and provided; an action hath accrued to the faid James to demand and have of and from the faid J. O. the faid laft-mentioned fum of twenty pounds fo forfeited as aforefaid, other parcel of the faid fum of three hundred and forty pounds above demanded. [Several other Counts for other penalties of the fame nature incurred on different dates to the amount of the money demanded; and common conclufion in debt.] Stormont and Way. Trinity Term, 28. Geo. III. LANCASHIRE, to wit. James Mac Crery, who fues as 3. for writing a well for our fovereign lord the king as for himself in this behalf, receipt in full of complains of Daniel Burkett being in the cuftody of the marshal of the marshalfea of our lord the now king, before the king himfelf, of a plea that he render to our faid lord the king and to the faid James, who fues as aforefaid, the fum of ten pounds of lawful money of Great Britain, which he owes to and unjustly detains from them: For that the faid Daniel, after the twenty-fifth day of March 1784, and before the exhibiting of the bill of the faid James who fues as aforefaid against the faid Daniel, to wit, on the fifteenth of May A. D. 1788, at Liverpool, in the county of L. did caufe to be written a certain receipt then and there given by him the faid Daniel to the faid James for the payment of money, that is to fay, for the payment of the fum of two pounds twelve hillings and tenpence fterling by the faid James to the faid Daniel, in which the fum mentioned therein was then and there expreffed to be in full of all demands, and which faid receipt was then and there liable to a certain ftamp duty, that is to fay, the ftampduty of fourpence, charged and impofed in and by a certain act made at the parliament of our faid lord the king, holden at Weftminster, in the twenty-third year of his reign, entitled, “An A& "for repealing an Act made in the twenty-fecond year of his pre"fent majefty, entitled, "An Act for charging a Stamp Duty upon "Inland Bills of Exchange, Promiffory Notes, or other Notes pay"able otherwife than upon Demand, and for granting new Stamp "Duties on Bills of Exchange, Promiffory or other Notes, and alfo "Stamp-Duties on Receipts," upon a certain piece of paper, without the fame firft being duly ftamped, as in and by the fatne act is directed, and upon which there was not then and there any ftamp or mark refembling the fame, contrary to the form of the ftatute in fuch cafe made and provided; whereby and by force of the ftatute in such case made and provided, the faid Daniel forfeited and became liable to pay for his faid offence the fum of five pounds, and thereby and by force of the ftatute in fuch cafe made and provided an action hath accrued to the faid James, who fues as aforefaid, to demand and have for our faid lord the king and for himfelf in this behalf, of and from the faid Daniel, the faid fum of five pounds fo forfeited as aforefaid, parcel of the faid fum of ten pounds above demanded; and alfo for that the faid Daniel, after the faid twenty-fifth of March 1784, and before the exhibiting of the faid bill, to wit, on the faid fifteenth of May, in the year 1788 aforefaid, did fign a certain other receipt then and there given by him the faid Daniel to the faid James for the payment of money, that is, for the payment of the fum of two pounds twelve fhillings and ten pence fterling, by the faid James to the faid Daniel, in which the fum mentioned therein was then and there expreffed to be in full of all demands, and which faid laft-mentioned receipt was then and there liable to a certain ftamp-duty, that is, the ftamp-duty of fourpence, charged and impofed in and by the faid first-mentioned act of parliament upon a certain piece of paper, without the fame being first duly ftamped, as in and by the fame act is directed, and upon which there was not then and there any stamp or mark refembling the fame, contrary to the form of the ftatute in fuch cafe made and provided; whereby and by force of the ftatute in fuch cafe made and provided, the faid Daniel forfeited and became liable to pay for his faid laft-mentioned offence the further fum of five pounds, and thereby and by force of the ftatute in fuch cafe made and provided, an action hath accrued to the faid J. who fues as aforefaid, to demand and have for our faid lord the king and for himfelf in this behalf, of and from the faid Daniel the faid fum of five pounds fo forfeited as last aforefaid, refidue of the faid fum of |