case pain against WOMANSELL a action lie at the suit of a landlord against the  sheriff for neglect to pay he a year rend on a execution on the good of his  tenant and the declaration in such action need not recite the statute of  whether c nor the judgement on which the execution be find a action of debt be  bring against the sheriff for not pay a year rend to the plaintiff out of the  money levy on the good of his tenant take in execution accord to the statute  whether c after a verdict give this court be move in arrest of judgement first  that the action do not lie against the sheriff but against the plaintiff in  execution second that the declaration be defective for it ought to be who lamb  c as in the case of lady waterhouse v bawd cro James a three that the statute  whether c shall be set forth particular fourthly the judgement on which the  execution be find shall be mention in the declaration as sand Jones v pope lev  the court the action well lie against the sheriff for the statute say express  he shall levy the debt on the good take in execution and by the execution the  modern er p good be the sheriff and consequent liable to the debt to be pay  out of such good as this be by a statute if that be not pursue the whole will  be illegal execute to the second objection it be true that where a statute  prohibit a thing and no penalty where the king be to have a fine the  declaration shall be who tam so for sue in the spiritual court for matter  temporal be a contempt to the crown Skinner sergeant from the bar say that  where a action be give by a statute to a party grieve or to any certain person  it may be bring in his own name except a fine be due to the king but if the  action be incertainly give it may be otherwise to the three objection the  court say that it be a general statute and be well enough set forth and if he  set it forth more particular it be at his own peril to the four objection the  court say that the judgement need not be set forth the book cite be on action  of escape where the judgement be the ground of the action and the plaintiff  claim mere under it but here the landlord be not concern in the judgement nor  claim anything under it this point be on solemn consideration resolve before  in the case of Wyndham v Palgrave in the six year of George the first in the  king bench fort Rep b