case the king against thead if a penal statute authorize a officer to enter a  house by day or by night but if by night in the presence of a constable it be  sufficient in a conviction for obstruct the officer to say he enter lawful but  if it be by night the defendant may show before the magistrate that the entry  be without a constable S c bar king b S c ld ray S c Sess case S c stram S c  andr by the statute Ann e S for lie certain duty on candle it be enact that  all and every the officer for the say duty shall at all time by day or by  modern report er p night and if in the night then in the presence modern  report of a constable or other lawful officer of the peace be permit upon his  or their request to enter the house meltinghouse warehouse or other place  whatsoever belong to or use by any person or person who shall be a maker or  maker of any candle whatsoever and by weigh or tale of the candle or otherwise  as to such officer shall seem most proper and convenient to take a account of  the just quantity of candle which shall have be make by such maker or maker of  candle from time to time c and by Ann c S all and every such maker and maker  of candle respective be require to keep sufficient and just scale and weight  at the place or place where be she or they do make such candle and permit and  assist the officer to make use thereof for the purpose of this Act under the  penalty of ten pound to be forfeit and lose for not keep such scale and weight  or for not permit and assist the officer to use the same as aforesaid the  defendant be convict upon this statute for not assist the officer of excise in  weigh the candle it be now object that the conviction be wrong because the  statute direct that if the entry be in the nighttime it must be in the  presence of the constable and it be not specify in this conviction whether the  entry be by night or by day reeve for the crown it be say in the conviction  that the officer enter lawful which be sufficient without show any  circumstance of his entry the court this be a good conviction for ten pound  upon a information before the justice for they have a jurisdiction in this  case and nothing appear wrong in it for it be allege that the officer enter  lawful it must be intend right especial when nothing appear to make it wrong  this objection shall come on the defendant part by plead and the conviction be  affirm see king v Thead burr a