case mason against hanson a declaration as administrator allege that  administration be commit by a surrogate et official b prebend prebend without  who administration to stretch out be good after verdict SC Mod SC comb action  bring as administrator and set forth administration to have be commit to he  per a b surrogate et official I S prebendarii prebend de d et to have  particular jurisdiction urge to be ill because not say that he have a  authority to grant administration and the difference cite between of order and  a peculiar for the one be intend to have a jurisdiction and the other not  unless show in the case of a bishop he need not say who to stretch out c but  otherwise of a prebend there be cite pro et content cro Elizabeth side style  roll Rep palmer Barret v Winchcomb cro James hob but per curian the modern  authority be against that of hob in side in the case of the Lord moon v  Laughton hold that want of profert be ill only upon demurrer where show for  cause that this will be ill on demurrer for it do not appear that the place  where c be within the prebendary but a verdict help it b see the case of  morris v Harwood black Rep burr bull n p dougl c judgement be give for the  plaintiff SC Mod SC comb but a writ of error be bring SC Carth SC holt and it  be say that Treby chief justice Rokeby justice and Powell baron hold that the  judgement ought to be reverse because the false return be lie to be in march  and the bill be file in easter term so that it appear upon the record that  more than a year be elapse but Nevil and Powell justice and Lechmere and Nevil  baron be on this point of a contrary opinion and it be resolve by the majority  of the judge then present that where the informer ought to have the whole  penalty the statute Elizabeth c do not extend to it because it be not within  the word of the Act and penal act be not to be extend by equity but Treby  chief justice and Powell justice be of contrary opinion for if the informer be  bind when the queen be join with he much more shall he be bind when he sue by  himself see the case of chance v Adam ld raym and the case of lookup v  Frederick burr bull n p shower KB er p for the word of the statute car c of  Jeofails be that if any verdict of twelve man shall be give in any action  judgement thereon shall not be stay or reverse for default of allege the bring  into court of letter testamentary or letter of administration c c but all such  defect and omission and all matter of like nature not be against the right of  the matter of the suit nor whereby the issue or trial be alter shall be amend  c a per curian judgement affirm for the plaintiff shower KB hilary term the  three of William and mary in the king bench sir John holt Knt chief justice  sir William dolben Knt sir William Gregory Knt sir Giles eyres Knt justice sir  George Treby Kilt attorney general sir John summer Knt solicitor general