barn WHITHAM against hill and other easter geo action on the statute of Geo ch  against riot declaration set forth whereas diverse person to the number of  twelve and more do unlawful riotous c assemble c and be so c do with force c  demolish a certain dwellinghouse of the say plaintiff contrary to the form c  state defendant inhabitant of the hundred damage lie judgement by default  inquiry damage motion for cost Mr sergeant Hewitt No cost before statute  Gloucester Edward this to hold place in all case where damage be to be recover  though give after the statute Inst   pinfolds case seem to contradict this  doctrine because it be there say that where a statute give damage where none  be before party shall not have cost but the Geo mention cost where it direct  how the money be to be distribute where there be double damage there the party  have no cost there be a distinction take between a statute of creation and of  addition but no foundation for it the statute of hue and cry give no cost but  direct the recovery of the money there the party shall have cost it be true it  be not so in quare imp there be a distinction between penal statute and other  in the writ of noctanter sander Boyd against hundred of Exminster Trin Geo  judgement Trin roll damage cost and increase cost Mr sergeant pool e contra  will chief justice it be very plain plaintiff entitle to cost by statute  Gloucester on word damage reason of thing and meaning of Act similitude of  statute hue and cry the word whenever plaintiff recover damage he shall  likewise have cost of the writ purchase this be whether on precedent or  subsequent statute when Lord   comment no case have happen but he take it for  grant so by word damage and such a construction be put on the statute of hue  and cry and so the statute Geo c if not it be only a partial remedy entry be  pro misis custag and then come who indeed dam which take in both the first  statute of hue and cry mention only damage there be two case case in sander  seem a authority in point and barn the case in b r Pendred against hundred of  Oswestry all the case of double and Triple damage out of the case so then in  the case of penalty Lutwiche Sedgwick who lamb c against Richardson it be say  where penalty certain there shall be damage that not law pinfolds case very  extraordinary after what be say in Inst as to action on subsequent statute  that make no difference Wilson against Rawson Trin Geo b r clive justice this  a new question never determine the last case quote never mention before to the  court cost de growth since statute of Gloucester now as to the word of the  writ purchase it have be hold that extend to full cost then the word be in  every case where damage be give but that be too general because it be certain  that though damage be give on waste no cost de growth so in quare imp  therefore I think what be say by Lord   in pinfolds case be right as to  statute creative of damage or not no difference whether double or single but I  think this statute not a creative Act for pull down a house a barn er p action  for damage will lie at commonlaw this action only change the person liable  therefore accord to all the case plaintiff entitle to cost and it be plain  this the same as statute of hue and cry therefore I think plaintiff entitle to  cost Bathurst justice the statute on which this action bring refer to statute  of hue and cry it be say all the judgement as to hue and cry pass sub silence  I think that can hardly be but whenever it be settle it must have be by motion  as this be therefore it never will appear on record if the statute of hue and  cry have be res integran I shall have some doubt but think I can distinguish  but possible the party may have have a action against the hundred for not keep  watch and ware but however the salute of hue and cry say the party shall  recover the money he be rob of and damage now damage there must mean cost I be  very unwilling to shake the doctrine lie down by Lord coke Noel justice I  shall determine on the statute on which the action bring refer to the statute  of hue and cry and cost have always be give on that statute the statute of the  Geo have recognize the law as to cost will chief justice the party to have his  cost