case reason vers lisle in c b in a action of debt upon the statute Ann c for  keep and use a dog to kill the game it be necessary to show what sort of dog  it be this be a action of debt on the statute Ann c on five several offence  against that statute the first and second count be that the defendant use a  engine call a gun the three count be that the defendant keep and use a dog to  kill and destroy the game not be qualify by the statute of this realm so to do  the four count be that the defendant expose to sale a hare not be entitle to  the say hare under any person qualify to kill game the five count be that the  defendant expose a pheasant to sale not be entitle under any person qualify to  kill game after nil debet plead a verdict be find for the plaintiff and damage  and now the defendant move in arrest of judgement and take several exception  first that it do not appear on which count the damage be find comens say non  allocatur for it be frequent when several count be in a declaration that  damage be give more or less than the sum in any one count and yet hold well  second that the two first count be for keep or use a gun whereas a gun be not  mention in the statute say non allocatur for if he have be charge for use a  gun to destroy the game contrary to the form of the statute this after a  verdict have be sufficient for the statute say if any use tunnel or any other  engine to destroy the game and after a verdict for the plaintiff the court  must intend that the jury think a gun a engine to destroy the game and so it  be resolve in this court between blewit who tam for needs but here the  declaration say that the defendant use a certain engine call a gun which be  not so strong as the case of blewit and needs three the plaintiff do not  allege that the defendant be not qualify by the law of this realm but that he  be not qualify by the statute of this realm and a person may be qualify by law  to bunt though not qualify by the statute law which be in the negative that  not have such a estate he shall not be qualify say non allocatur for the word  may well import as much as be unqualified or not qualify fourthly that in the  three count the plaintiff declare that the defendant keep and use a dog to  kill the game without say what sort of a dog it may be a mastiff dog or lap  dog which may chance to kill game and the statute annae c upon which this  action be find mention only greyhouds set dog and lurchers and therefore the  action for the penalty give by this statute ought to conform to it and shall  not be extend by equity be a penal law comens and though the statute car cap  mention dog general and that be confirm by this statute yet it do not give the  penalty of to every thing forbid by that statute wherein the penalty be only  and of this opinion be the whole court five it be except that the two last  count allege the fact against the comens er p form of the statute whereas  there be but one statute against expose hare c to sale but the court take no  regard to this exception for there be several act about bare c and the statute  annae c relate to this matter but for the four exception the judgement be  arrestedIn the case of Hooker v Wilks which be a action of debt upon the stat  Geo c for use a hound to destroy game after a verdict for the plaintiff the  judgement be arrest because the stat Ann c have not the word hound and the  word other engine come after tunnel c be applicable only to inanimate thing  and that be a penal law can not be extend Str