case Jenings against HANKEYS the informer under a penal statute who be entitle  to a part of the penalty can be a witness against the offender ld ray ld ray  vern Mod Mod stram stram by the statute of car c it be enact that they who  kill course hunt or take away red or fallow deer in any ground where deer be  keep c or be aid therein if convict by confession or oath of one witness  before one justice of the peace within six month after the offence do shall  forfeit twenty pound one moiety to the informer the other to the owner of the  deer to be levy by distress by warrant under the justice hand b the defendant  be convict by the oath of the informer Mr shower move that it may be quash  because the informer be not to be admit as a witness he be to have a moiety of  the forfeiture the party to ail usurious contract shall not be admit as a  evidence to prove the usury because he be testis in not common with others  causan and by their oath may avoid their own bind c Mr pollexfen contra the  statute give power to convict by the oath of a credible witness and such be  the informer modern it be not a material objection to say that the informer  shall not be a witness because he have a moiety of the forfeiture for in case  of the like nature the informer be always a good witness as upon the statute  for suppress of conventicle the informer be a good witness and yet he have  part of the penalty for otherwise that Act will be of little force for if he  who see the people meet together be not a good witness nobody else call curian  in the statute of robbery a man swear for himself because there can be no  other witness he be a good witness a a by will mary c S it be recite that as  it be doubt whether the statute car c do extend to any executor or  administrator of any executor or administrator of right who for want of  privity in law be not before answerable nor can be sue for the debt due from  or by the first testator or intestate notwithstanding that such executor or  administrator have waste the good and estate of the first testator or  intestate or convert the same to his own use it be enact that all and every  the executor or administrator of such executor or administrator of right who  shall waste or convert to his own use good chattel or estate of his testator  or intestate shall be liable and Chargeable in the same manner as his testator  or intestate may or shall have be but in the case of Hammond v Gatliffe  Trinity term Geo it be say the court strong incline that a executor de son  tort of ail executor de son tort be not liable for a devastavit commit by the  first executor de son tort either at the commonlaw or by these statute because  by Powell justice the Act only say that the rightful executor or administrator  of a executor de son tort shall be liable c Andrews see Bathurst case vent b  but see Geo c the Geo c and the Geo c by which last statute the car c be  repeal and other provision make upon this subject I hawk p c and case in crown  law c   roll Abr see also   light ray vent hard salk stram stram will hawk p c  hawk PC and the case of Abraham v Bunn burr and Fitzroy v gwillim term Rep a  but see the case of king v stone where a conviction on this statute for kill  fallow deer be quash because the informer be the witness and it be say that  diverse conviction have be quash for the same reason before ld ray and it  appear by another report of the same case that this case of Jennings v hankey  be cite in the argument SC Sess case see king v Piercy andr king v Tilly stram  Cas Hardw to the same effect and king v Blaney andr where a conviction find on  the evidence of the informer only be quash and the above case deny to be law  see also Boscawen on conviction modern er p